Section I 70LCHS25RPFB00002 Revised 4-8-25.pdf

Federal Law Enforcement Training Centers Charleston SC

70LCHS25RPFB00002

I-1

SECTION I -- CONTRACT CLAUSES

TABLE OF CONTENTS

No. Title Page No.

I.1 CLAUSES INCORPORATED BY REFERENCE……………………………… I-2

I.2 APPROVAL OF CONTRACT……………………………………………………I-4

I.3 NOTIFICATION OF OWNERSHIP CHANGES………………………………... I-4

I.4 ORDERING..............................................................................................................I-5

I.5 ORDER LIMITATIONS ………………………………………………………......I-5

I.6 OPTION TO EXTEND SERVICES ……………………………………………… I-5

I.7 OPTION TO EXTEND THE TERM OF THE CONTRACT …………………….. I-5

I.8 SPECIAL 8(a) CONTRACT CONDITIONS ……………………………………... I-6

I.9 SPECIAL 8(a) SUBCONTRACT CONDITIONS ……………………………….... I-6

I.10 LIMITATIONS ON SUBCONTRACTING ………………………………………. I-7

I.11 SECTION 8(a) AWARD ………………………………….……………………….. I-7

I.12 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS

……………………………………………………….................................................I-8

I.13 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES……………. I-8

I.14 INDEFINITE QUANTITY........................................................................................ I-9

I.15 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS ………………………………………………... I-10

I.16 OZONE-DEPLETING SUBSTANCES ………………………………………….....I-10

I.17 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR …………………........ I-11

I.18 AUTHORIZED DEVIATIONS IN CLAUSES ……………………………………..I-11

I.19 HOMELAND SECURITY ACQUISITION REGULATIONS …………………..... I-11

3052.204-71 CONTRACTOR EMPLOYEE ACCESS ……………………….. I-12

3052.211-70 INDEX FOR SPECIFICATIONS………………………………... I-12

3052.215-70 KEY PERSONNEL AND FACILITIES………………………... I-13

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY

COMPLETION OF THE CONTRACT……………………………………. I-13

3052.228-70 INSURANCE…………………………………………………. I-13

3052.242-72 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE.. I-13

3052.247-72 FOB DESTINATION ONLY………………………………… I-14

I-2

TECHNICAL EXHIBITS

I-1 SUMMARY SUBCONTRACT REPORT – (SF-295)

I-3 PERSONNEL RESUME FORMAT

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov/far

Clause Title Date

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.208-9 Contractor Use of Mandatory Sources of Supply and Services MAY 2014

52.210-1 Market Research APR 2011

52.215-2 Audit and Records--Negotiation OCT 2014

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020

52.215-14 Alt I Integrity of Unit Prices - Alternate I NOV 2021

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Alt IV Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications - Alternate IV

OCT 2010

52.216-7 Allowable Cost and Payment AUG 2018

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements—Other

Than Commercial Acquisition With Adequate Price

Competition

NOV 2021

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

MAY 2018

52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG 2018

52.222-43 Fair Labor Standards Act and Service Contract Labor AUG 2018 http://www.arnet.gov/far

I-3

Standards-Price Adjustment (Multiple Year and Option

Contracts)

52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

MAY 2024

52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024

52.223-10 Waste Reduction Program

MAY 2024

52.223-19 Compliance with Environmental Management Systems May 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations JUN 2020

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity APR 1984

52.228-5 Insurance - Work on a Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts NOV 2011

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-9 Limitation on Withholding of Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-2 Service of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price (AUG 1987) - Alternate II (Apr 1984) AUG 1987

52.243-7 Notification of Changes JAN 2017

52.244-6 Subcontracts for Commercial Items NOV 2024

I-4

52.245-1 Government Property SEP 2021

52.245-2 Government Property - Installation Operation Services APR 2012

52.245-9 Use and Charges APR 2012

52.246-25 Limitation of Liability – Services FEB 1997

52.248-1 Value Engineering (JUN 2020) Alternate III (APR 1984) JUN 2020

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012

52.249-8 Default (Fixed-Price Supply and Service) APR 1984

52.249-14 Excusable Delays APR 1984

52.251-1 Government Supply Sources APR 2012

52.253-1 Computer Generated Forms JAN 1991

I.2 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of Chief, Procurement Field Branch, Procurement Division, Federal

Law Enforcement Training Centers and shall not be binding until so approved.

I.3 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of Clause)

I.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued throughout the life of this contract; to include options if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

I-5

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

I.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the base quantities listed in Section B by more than fifteen (15%) percent;

(2) Any order for a combination of items in excess of fifteen (15%) percent over the schedule amounts; or

(3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 days.

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 102 months.

I.8 52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS (FEB 1990)

The Small Business Administration (SBA) agrees to the following:

http://www.arnet.gov/far/current/html/52_216.html#wp1115057

I-6

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small

Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements and advance payments, delegate to the FLETC CHARLESTON, the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the

Contracting Officer shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the FLETC CHARLESTON.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the

Contracting Officer cognizable under the “Disputes” clause of said subcontract.

(f) To notify the Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

I.9 52.219-12 SPECIAL 8(a) SUBCONTRACT CONDITIONS (FEB 1990)

(a) The Small Business Administration (SBA) has entered into Contract No.________ [insert number of contract] with the FLETC CHARLESTON to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No.

______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the Contracting Officer with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer.

(4) That it will notify the Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the Contracting Officer.

I.10 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

I-7

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns;

and

(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

I.11 52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the FLETC Charleston, the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant

Contracting Officer.

(End of clause)

I.12 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (JUN http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

I-8

2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration

(SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's contractor] will notify the Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

I.13 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage Fringe Benefits*

Contract Manager GS-14 54.19 See Below

Assistant Manager GS-13 45.86 See Below

Armorer WG-10 21.60 See Below

Secretary GS-6 18.99 See Below

Inventory Clerk GS-6 18.99 See Below

Payroll Clerk GS-5 17.03 See Below

Desk Clerk GS-5 17.03 See Below

Driver, Passenger Car WG-6 17.19 See Below

Driver, Truck Light WG-6 17.19 See Below

Driver, Truck Medium WG-7 18.30 See Below

Hotel Maid WG-1 11.70 See Below

Librarian Technician GS-6 18.99 See Below

Recreation Specialist GS-7 21.10 See Below

Electronic Technician WG-10 21.60 See Below

Computer Data Librarian GS-4 15.22 See Below

General Maintenance Worker WG-5 16.12 See Below

Grounds Maintenance Laborer WG-3 13.92 See Below

Laborer WG-1 11.70 See Below

I-9

Motor Vehicle Mechanic WG-8 19.41 See Below

Motor Vehicle Dispatcher WG-7 18.30 See Below

Carpenter, Maintenance WG-9 20.50 See Below

Electrician, Maintenance WG-12 23.81 See Below

Plumber, Maintenance WG-10 21.60 See Below

Painter, Maintenance WG-8 19.41 See Below

HVAC Repairman WG-10 21.60 See Below

Forklift Operator WG-6 17.19 See Below

Janitor, Porter WG-1 11.70 See Below

Pest Control Exterminator WG-6 17.19 See Below

Audio Equipment Mechanic WG-9 20.50 See Below

Supply Technician WG-6 17.19 See Below

*Fringe Benefits % Basic Hourly Rate

Retirement 24.7%

Health & Welfare 10 %

Vacation – 13 paid vacation days after 1 year service

20 paid vacation days after 3 years service

26 paid vacation days after 15 years service

Holidays – 10 paid holidays per year:

Jan 1, 3rd Monday in Jan, 3rd Monday in Feb, Last Monday in May, Jul 4, 1st Monday in

Sep, 2nd Monday in Oct, Nov 11, 4th Thursday in Nov, and Dec 25

I.14 52.219-22 Indefinite Quantity (Oct 1995)

(a)This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b)Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the

Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c)Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d)Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2025.

I.15 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause—

I-10

"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to:

US Department of Homeland Security

FLETC/PRO

Attn: Queen Singleton/Tyshawn Neals

2000 Bainbridge Ave., Bldg #1

Charleston, SC 29405

Emails: queen.h.singleton@fletc.dhs.gov and tyshawn.neals@fletc.dhs.gov

I.16 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental

Protection Agency designates in 40 CFR Part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

WARNING

Contains (or manufactured with, if applicable) *_________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

I.17 52.232-19 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond the base year. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the basic award, until funds are made available to the mailto:tyshawn.neals@fletc.dhs.gov

I-11

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

I.18 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any HSAR (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.19 HOMELAND SECURITY ACQUISITION REGULATIONS (HSAR)

3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023)

(a) Sensitive Information, as used in this clause, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States

Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive

Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy.

This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure

Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part

1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security

(including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest;

and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

I-12

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting

Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

3052.211-70 INDEX FOR SPECIFICATIONS (DEC 2003)

If an index or table of contents is furnished in connection with specifications, it is understood that such index or table of contents is for convenience only. Its accuracy and completeness is not guaranteed, and it is not to be considered as part of the specifications. In case of discrepancy between the index or table of contents and the specifications, the specifications shall govern.

3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the

Contracting Officer, in writing, no less than 30 calendar days before the change becomes effective. The Contractor shall furnish a resume for the proposed key personnel substitute.

(c) The Contractor shall submit a detailed explanation or justification to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change or proposed key personnel substitution on this contract. The proposed key personnel substitute(s) shall be of equal or superior qualifications to those of the person(s) being replaced. The Contracting Officer will notify the contractor within fifteen (15) calendar days after receipt of all required information of the Governments decision on the proposed substitute(s). The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

(d) The List of Key Personnel or Facilities under this Contract (shown below or as specified in the contract schedule) may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel or facilities.

KEY PERSONNEL

POSITION INDIVIDUAL’S NAME

Project Manager ________________

Alternate Asst. Project Manger ________________

Quality Assurance/Quality Control Manager ________________

Environmental/Safety Manager ________________

Facility Operations Manager ________________

Production Control Clerk ________________

Janitorial Services Manager ________________

Grounds Maintenance Manager ________________

Facility Planner and Estimator ________________

I-13

Fire Alarm Technician ________________

Senior HVAC Mechanic ________________

HVAC Mechanic ________________

Senior Boiler Technician ________________

Boiler Operator/Tender ________________

Maintenance Workers ________________

Mechanics ________________

Supervisory Employees ________________

Exterminators ________________

Pesticide Control Personnel (Certified and Uncertified) ________________

(e) The Contractor shall submit a resume in the format shown in Section J, Exhibit I-3 on all key personnel with their proposal. Key personnel shall meet the requirements outlined under provisions within Section C.6.

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT

WORK (DEC 2003)

Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations

Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DHS facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations

Board or the use of other available judicial or administrative remedies.

3052.228-70 INSURANCE (DEC 2003)

In accordance with the clause entitled "Insurance - Work on a Government Installation" in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:

(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-2(a).

(b) General liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR 28.307-

2(b).

(c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR

28.307-2(c).

3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will

I-14 provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

3052.247-72 FOB DESTINATION ONLY (DEC 2003)

Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as non-responsive.

END OF SECTION I