Solicitation_70LGLY19BGLB00002.pdf

70LGLY19BGLB00002

Driver Training Support Services, FLETC, Glynco, GA

SECTION A – SYNOPSIS/SOLICITATION

SECTION B – PRICE SCHEDULE

SECTION C – CONTRACT CLAUSES

SECTION D – DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Part 1: Performance Work Statement

Part 2: Definitions and Acronyms

Part 3: Government Furnished Property, Equipment, and Service

Part 4: Contractor Furnished Items

Part 5: Specific Services

Part 6: Applicable Publications and Forms…

Part 7: Technical Exhibits

Part 8: Attachments

SECTION E - SOLICITATION PROVISIONS

COMBINED SYNOPSIS/SOLICITATION: DRIVER TRAINING SUPPORT SERVICES, FLETC,

GLYNCO, GA

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating Trafficking in

Persons, by notifying all employees and subcontractors at all levels.

This commercial item action is set-aside 100% for Service Disabled Veteran Owned Small Business concerns. The associated North American Industry Classification System (NAICS) code is 561210. The business size standard is $38.5 million.

Services are for Driver Training Support Services (DTSS) as detailed in the Performance Works Statement

(PWS) found in SECTION D.

Services shall be for the Driver and Marine Division (DMD), Federal Law Enforcement Training Centers

(FLETC), Glynco, Georgia.

In accordance with FAR 52.212-2, award shall be made to the responsible offer determined to be to be the most advantageous to the Government, price and other factors considered using a Two-Step Sealed

Bidding as outlined in Subpart 14.5.

Pricing Schedule and Periods of Performance (PoP) Service dates for each CLIN are detailed in SECTION

B.

A site visit is scheduled for June 20, 2019, beginning at 0900 ET. Parties interested in attending the site visit are limited to two (2) representatives and will notify Yvonne C. Blais, via e-mail at

Yvonne.blais@fletc.dhs.gov, no later than June 13, 2019, 1600 ET with a cc to Joseph H. Williams at joseph.h.williams@fletc.dhs.gov with the following details: Company Name, name of individuals that will be in attendance. The information is necessary to coordinate Center access. Transportation from

Building 01 will be arranged by the Government.

Telephonic inquiries will not be permitted. Questions are to be presented in writing and transmitted via e-mail to both Yvonne C. Blais and Joseph H. Williams at the above cited e-mail addresses.

Incumbent: BryMak & Associates, Inc.

Hopkinsville, KY 42241 mailto:Yvonne.blais@fletc.dhs.gov mailto:joseph.h.williams@fletc.dhs.gov

B - Section B -Supplies or Services and Prices

Clauses

Line Item Table

Line Item Details

CLIN Description Quantity Unit Unit Price Amount

DRIVER TRAINING SUPPORT

SERVICES REGULAR

SCHEDULED SERVICE BASE 1-YR

MO

SERVICES REGULAR SCHEDULED

SERVICE OPTION YEAR 1

SERVICE OPTION YEAR 2

SERVICE OPTION YEAR 3

SERVICE OPTION YEAR 4

C - Section C - Contract Clauses

Clauses

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (APR 2014)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Branch Chief, CO Joseph H. Williams and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements. (AUG 1996)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders -

Commercial Items. (OCT 2018)

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

(1) 52.203-19, 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 and Other Covered Entities (JUL 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items: (Contracting Officer check as appropriate.)

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41

U.S.C. 3509).

[X] (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.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[X] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C.

6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011)

(15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

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

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (NOV 2016) of 52.219-9.

[ ] (v) Alternate IV (AUG 2018) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013)

(15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C.

637(m)).

[ ] (24) 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

(DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018)

(E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

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

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(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.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[X] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

[X] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[ ] (50) 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. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42

U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

[ ] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter

67).

[X] (3) 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] (4) 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).

[ ] (5) 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).

[ ] (6) 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).

[ ] (7) 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] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY

2014) (42 U.S.C. 1792).

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

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(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) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41

U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL

2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.

13495). Flow down required in accordance with paragraph (l) of FAR clause

52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29

U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 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.

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

chapter 67).

(xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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.

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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days (60 days unless a different number of days is inserted) 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 5 years(months)(years).

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

(SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (JAN 1997)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-10 Waste Reduction Program. (MAY 2011)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-14 Rights in Data-General. (MAY 2014)

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)

52.232-8 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)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

52.237-11 Removed. (OCT 2018)

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.244-6 Subcontracts for Commercial Items. (OCT 2018)

52.245-1 Government Property. (JAN 2017)

52.245-9 Use and Charges. (APR 2012)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

52.246-25 Limitation of Liability - Services. (FEB 1997)

52.247-5 Familiarization with Conditions. (APR 1984)

52.247-12 Supervision, Labor, or Materials. (APR 1984)

52.247-21 Contractor Liability for Personal Injury and/or Property Damage. (APR 1984)

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/these address(es): acquisition.gov/far

52.253-1 Computer Generated Forms. (JAN 1991)

3052.203-70 Instructions for Contractor Disclosure of Violations. (SEP 2012)

3052.204-71 Contractor employee access. (SEP 2012)

(a) "Sensitive Information", as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, 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, Pub. L. 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.

(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.

3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6

U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland

Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

3052.219-70 Small business subcontracting plan reporting. (JUN 2006)

3052.222-70 Strikes or picketing affecting timely completion of the contract work. (DEC 2003)

3052.222-71 Strikes or picketing affecting access to a DHS facility. (DEC 2003)

3052.223-70 Removal or disposal of hazardous substances--applicable licenses and permits. (JUN

2006)

The Contractor shall have all licenses and permits required by Federal, state, and local laws to perform hazardous substance(s) removal or disposal services. If the Contractor does not currently possess these documents, it shall obtain all requisite licenses and permits within 30 days after date of award. The

Contractor shall provide evidence of said documents to the Contracting Officer or designated Government representative prior to commencement of work under the contract.

3052.228-70 Insurance. (DEC 2003)

3052.242-72 Contracting officer's technical representative. (DEC 2003)

SECTION D-DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment

Number

Attachment Title Date Number of Pages

Cross Reference

Materials

Document

Version

1 PWS Part 1 through 6 12/13/18 22 BASE

2 Part 7 - Technical Exhibits

12/13/18 1 BASE

3 Technical Exhibit

1_Performance

Requirements Summary

(PRS)

12/13/18 4 BASE

4 Technical Exhibit

2_Deliverables Schedule

12/13/18 1 BASE

5 Technical Exhibit 3_Estimated Workload

Data

12/13/18 2 BASE

6 Technical Exhibit

4_Vehicle Inspection

Guide & Discrepancy Report

12/13/18 1 BASE

7 Technical Exhibit

5_2018 Vehicle

Authorization List

12/13/18 1 BASE

8 Technical Exhibit 6_Work Order Request

12/13/18 1 BASE

9 Technical Exhibit

7_Vehicle Repair Request

12/13/18 1 BASE

10 Technical Exhibit 8_Asset Inventory by

Custodial Org Report

12/13/18 1 BASE

11 Technical Exhibit 9_Sample Application

Guide

12/13/18 1 BASE

12 Part 8 - Attachments 12/13/18 1 BASE

13 Attachment 1_CBA WD 12/13/18 27 BASE

14 Attachment 2_SCA WD 12/13/18 11 BASE

15 Attachment 3_Quality

Assurance Surveillance Plan (QASP)

12/13/18 3 BASE

16 Attachment 4_Active Shooter Threat Training List

12/13/18 1 BASE

17 Attachment 5_DHS Non-Disclosure

Agreement (NDA)

12/13/18 5 BASE

18 Attachment 6_Environmental Requirements

12/13/18 13 BASE

19 Attachment 7_Refueling

Truck Safety Procedures

12/13/18 2

BASE

20 Attachment 8_Special Contract

Requirements

12/13/18 20 BASE

21 Attachment 9_Security

Orientation for Contractors DVD

12/13/18 1 BASE

DRIVER TRAINING SUPPORT SERVICES

TABLE OF CONTENTS

Part 1. PERFORMANCE WORK STATEMENT

1.1. Introduction

1.2. Mission and Background

1.3. Scope

1.4. Place of Performance

1.5. Quality Control Program

1.5.1. Quality Control Plan

1.5.2. Contractor Inspections

1.5.3. Contractor Inspection Records

1.5.4. Contractor Inspection Reports

1.6. Quality Assurance

1.6.1. COR Duties

1.6.2. Government Quality Inspection

1.6.3. Nonconforming Services

1.6.4. Failure to Perform Services

1.6.5. Performance Documentation

1.6.6. Performance Meetings

1.7. Safety Plan

1.8. Qualification Requirements

1.8.1. Contractor Employees

1.8.2. Key Personnel

1.8.2.1. Project Manager and Alternate Project Manager

1.8.2.2. Quality Control Manager

1.8.2.3. Key Personnel Assistance

1.8.2.4. Key Personnel Absences

1.8.2.5. Employee Roster

1.9. Post-Conference Award

1.10. Personnel Training

1.10.1. Training Schedules

1.11. Green Procurement

1.12. Environmental Requirements

1.13. Risk and Contingency Plan

Part 2. DEFINITIONS AND ACRONYMS

2.1. Definitions

2.2. Acronyms

Part 3. GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICE (GFP/E/S)

3.1. Services

3.1.1. Training

3.1.2. Telephones

3.2. Facilities

3.2.1. Equipment Issue

3.2.2. Environmental and Safety

3.2.3. Work Requests

3.2.4. Parking

3.3. Utilities

3.4. Equipment

3.4.1. Cellular phones

3.4.2. Government Furnished Vehicles

3.4.3. Computer and Services

3.4.4. Supplies and Property

3.5. Materials

3.6. Schedules

Part 4. CONTRACTOR-FURNISHED ITEMS

4.1. General

4.1.1. Uniforms

4.2. Materials

Part 5. SPECIFIC SERVICES

5.1. Basic Services

5.2. Fleet Management

5.2.1. Vehicle Requirements

5.2.2. Vehicle Preparation

5.2.3. Scheduled Training

5.3. Other Mission Support Services

5.3.1. Vehicle Replacement

5.3.2. Towing

5.3.3. Transport

5.3.4. Fuel Tanker

5.3.5. Hazmat Spill

5.3.6. Fueling

5.3.7. Repairs

5.3.8. Record Keeping

5.3.9. Identification

5.3.10. Cleaning

5.4. Equipment Issue

5.4.1. Requirements

5.4.2. Equipment Sign-out

5.4.3. Weapons Storage

5.4.4. Property Custodian

5.4.5. Equipment Issue Room

5.5. Range Maintenance

5.5.1. Scheduling

5.5.2. Equipment Placement

5.5.3. Range Conditions

5.5.4. Safety Equipment

5.5.5. Range Towers

5.5.6. Water Coolers

5.5.7. Water Sprinklers

5.5.8. Cones and Barricades

5.5.8.1. Inclement Weather

5.5.9. Heavy Equipment Operation

5.5.10. Range Training Items

5.5.11. Vehicle Contamination Service

5.6. Overtime Saturday Services

5.7. FLETC Closure

Part 6. APPLICABLE PUBLICATIONS AND FORMS

6.1. General

6.2. Directives and Policies

Part 7. TECHNICAL EXHIBITS

7.1. Technical Exhibit 1 – Performance Requirements Summary

7.2. Technical Exhibit 2 – Deliverables Schedule

7.3. Technical Exhibit 3 – Estimated Workload & Historical Data

7.4. Technical Exhibit 4 – Vehicle Inspection Guide and Discrepancy Report

7.5. Technical Exhibit 5 – 2018Training Vehicle List

7.6. Technical Exhibit 6 – Work Order Request

7.7. Technical Exhibit 7 – Vehicle Repair Request

7.8. Technical Exhibit 8 – Asset Inventory by Custodial Org Report

7.9. Technical Exhibit 9 – Sample Application Guide

Part 8. ATTACHMENTS

8.1. Attachment 1 – CBA WD

8.2. Attachment 2 – SCA WD

8.3. Attachment 3 – QASP

8.4. Attachment 4 – Active Shooter Training List

8.5. Attachment 5 – DHS Non-Disclosure Agreement (NDA)

8.6. Attachment 6 – Environmental Requirements

8.7. Attachment 7 – Refueling Truck Safety Procedures

8.8. Attachment 8 - Special Contract Requirements

8.9. Attachment 9 - Security Orientation for Contractors DVD

DRIVER TRAINING SUPPORT SERVICES

DRIVER AND MARINE DIVISION

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

GLYNCO, GEORGIA

Part 1. PERFORMANCE WORK STATEMENT

1.1. INTRODUCTION: This is a commercial, non-personnel services contract to provide training support services for the Driver and Marine Division (DMD) of the Federal Law

Enforcement Training Centers (FLETC), Glynco. Georgia. The FLETC’s standard working hours are from 0700 to 1700, Monday through Friday, excluding Federal

Holidays. The Center has limited access with a security controlled gates. The Contractor may experience a delay entering the Center due to increased security requirements, vehicle inspection, registrations, failure to present proper identification, non-use of seat belts, etc. Price adjustments for delays resulting from gate control are not authorized and will not be considered.

Services provided for this contract will only be restricted based on the details provided within the contract. However, certain activities may be required at any time due to extenuating circumstances. The Contractor will provide an on-site, qualified project manager from 0700 to 1700, Monday through Friday and scheduled Saturdays, excluding Federal

Holidays, and will also be on-call 24 hours a day, seven days a week. The project manager will administer all services described in the contracts specifications, receive complaints concerning the contract requirements, and rectify the cause of the complaints.

The FLETC has the responsibility to respond to the customer complaints at higher levels of

Government to include the Department of Homeland Security (DHS). The Contractor will provide a professional response to each complaint within three (3) working days of receiving the complaint from the Government

1.2. MISSION AND BACKGROUND: The Federal Law Enforcement Training Centers mission statement is “We Train Those Who Protect Our Homeland”. The FLETC, Glynco is host to approximately 91 participating agencies/bureaus aka partner organizations (PO) and is responsible for providing certain core instructional law enforcement programs as well as a variety of support services. DMD is responsible for over 350 vehicles in support of all law enforcement training programs.

1.3. SCOPE: Except for Government Finished Property (GFP), the Contractor will furnish all personnel, supervision, management, equipment, materials, facilities, transportation, and supplies required to plan, schedule, coordinate, and assure effective performance of all required services necessary to provide student training mission support of the Drivers Training Support

Services (DTSS) at the FLETC as defined in this Performance Work Statement (PWS).

Required services include fleet management, equipment issue, range maintenance, and other ancillary support services as described herein in support of the FLETC’s students, staff, role-players, and authorized PO’s.

1.4. PLACE OF PERFORMANCE: The FLETC, Glynco mailing address is 1131 Chapel

Crossing Road, Brunswick, GA 31524 and is located approximately six (6) miles north of the City of Brunswick in southeastern Georgia. The city is located off U.S. Interstate 95 and U.S. Highway 17. The FLETC encompasses approximately 1500 acres of Government real property, including firing ranges and 300+ buildings. Contract work performance will primarily be located at the DMD, Building 210. Performed work includes fleet management, range maintenance, and ancillary functions, located at Buildings 210

(primary office building), 205 (FLETC garage), 101 (motor pool), and the DMD

Compound which is inclusive of Range Sets 6,7,8,9, Van Non- Emergency Vehicles

Operations (NEVO), Bus NEVO, Unimproved Road Course, 4X4 Course and Counter

Terrorism Operational Training Facility.

1.5. QUALITY CONTROL PROGRAM: In accordance with FAR clause 52.246-4 Inspection of Services – Fixed-Price (AUG 1996), the Contractor will establish and maintain a complete quality control program that is acceptable to the Contracting Officer (CO), to assure the requirements of the contract are provided as specified in the PWS. The Contractor will develop and implement procedures to identify, prevent, and ensure non-reoccurring defective services.

The Contractor’s quality control program is the means by which it assures their work complies with the contract’s requirements.

1.5.1. Quality Control Plan: The Contractor will develop a comprehensive written Quality

Control Plan (QCP) that covers all work to be performed in this contract. The Contractor’s plan will identify areas to be inspected in accordance with the Performance Requirements Summary

(Technical Exhibit 1). The QCP will be submitted to the CO for review and approval no later than five (5) days after Notice of Award and again as changes to the program are requested.

1.5.2. Contractor Inspections: The contractor will have the Quality Control Manager (QCM), or the Alternate Program Manager (APM) if the QCM is not present, conduct a walk-thru inspection of a random sample 30% of services, at a minimum.

1.5.3. Contractor Inspection Records: In accordance with FAR Subpart 46.202-3 Standard

Inspection Requirements, the Contractor will maintain a file throughout the term of this contract of all quality control inspections, inspection results, and any correction action required. This file will be the property of the Government and will be made available to the Contracting Officer’s

Representative (COR) and CO as requested during regular working hours. The file will be turned over to the COR and CO within ten (10) calendar days after completion or termination of the contract.

1.5.4. Contractor Inspection Reports: The quality control monthly report the random inspection sample results of all services, to include identified defects, will be captured in a monthly report that will be provided by the contractor to the COR on the fifteenth day of the month. The

Contractor will develop corrective actions for trends identified defects and schedule follow-up inspections with the COR for the following month. The quality control inspection monthly report will include, at a minimum:

Trends identified with recommended correction action;

The number of items signed out (equipment issued);

Statistics on number of vehicles utilized for classes (vehicle replacements conducted under PWS paragraph 5.4.1);

Statistics with regard to the cone replacement conducted throughout the reporting month to assist with follow-on Government purchase requirement;

Fuel usage report by vehicle tag;

Number of vehicles sent to the Asset and Logistics Management (ALM) garage with a Vehicle Repair Request; and, Monthly Fire Extinguisher Check.

1.6. QUALITY ASSURANCE: In accordance with FAR clause 52.246-4 Inspection of Services

– Fixed-Price (AUG 1996), each phase of the services rendered under this contract is subject to

Government inspection during the Contractor’s operations and after completion of the tasks.

After each inspection, the Contractor will be advised of any unsatisfactory condition(s) for which the contractor is responsible. The Contractor will correct deficiencies promptly and, by written report to the CO, will address corrective and preventative actions taken. The Government’s

Quality Assurance Surveillance Program is not a substitute for Quality Control by the

Contractor.

1.6.1. Contracting Officer’s Representative Duties: The Government will evaluate the

Contractor’s performance under this contract in accordance with the Quality Assurance

Surveillance Plan (QASP) (Attachment 3). This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. The Government appointed COR is required to ascertain whether or not the DTSS provided by the Contractor is at an acceptable level and in conformance with the terms and conditions of this contract. After each inspection, the Contractor will be advised of any unsatisfactory conditions for which he/she is responsible. The Contractor will correct such deficiencies promptly and, by written report to the CO, will address corrective/preventative actions taken. The COR may conduct contractor performance surveillance and document any noncompliance, however only the CO make take formal action for unsatisfactory performance.

The COR will be designed at contract award and a list of COR duties and authority will be furnished to the Contractor.

1.6.2. Government Quality Inspection: The Government will inspect the services required herein in accordance with FAR clause 52.212-4, Contract Terms and Conditions – Commercial Items.

The parties to this contract agree that the Contractor, as a result of the contractual obligation to supervise the personnel furnished and oversee the quality of their performance, will be conclusively presumed to have actual knowledge of work not performed, and that therefore, a written noticed will be a prerequisite for withholding payment of assessing liquidated damages for non-performed service(s).

1.6.3. Nonconforming Services: The Government reserves the right to reduce the Contractor’s invoice, or otherwise withhold payment, for any individual item of nonconforming contract service observed. The Government will develop a statistically confident sample of required service items, to which the Government may apply statistical extrapolation techniques to the

Contractor’s performance to determine total payment due as outlined in the Performance

Requirements Summary (PRS) Acceptable Quality Level (AQL) (Technical Exhibit 1).

1.6.4. Failure to Perform Services: The Government reserves its rights under the Inspection of

Services and default or termination FAR clauses, 52.246-4, Inspection of Services – Fixed-Price

(AUG 1996). Any reductions pursuant to the PRS will reflect the reduced value of services to be performed under the contract. The Contractor will not be relieved of full-performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

1.6.5. Performance Documentation: In addition to inspection documentation on specific tasks required by the Contractor, the following general aspects of contract performance will also be documented and reported in Contractor Performance Assessment Rating System (CPARS in accordance with FAR Subpart 42.15, Contractors Performance Information, the Contractor’s record of conforming to contract requirements and to standards of good workmanship the

Contractor’s adherence to contract schedules, including the administrative aspects of contract performance, the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and…