70LGLY24QGLB00115 RFQ.pdf

SCOPE OF WORK

1.0 GENERAL INFORMATION

This is a non-personnel services for Rental/ Lease of the equipment listed in the below table. The contractor shall be responsible for maintenance services. The equipment shall be delivered to the FLETC Artesia, New Mexico campus at 1300 W. Richey Avenue, Artesia, NM 88210 on October 18, 2024. This delivery date is crucial to ensure that all equipment is available for the scheduled training and operations. One item, the Powerscreen shall be delivered on November 1st with Same-day training for used. See below for details.

The following items are required for a 60 day Rental period from October 18, 2024- December 18, 2024

Item Specifications Quantity Telehandler Forklift Telehandler, or telescopic handler, all terrain 4-wheel drive forklift with a 6-ton lifting capacity. Maximum lift height of 42 feet and a maximum reach of 29 feet.

The telehandler drivetrain requirement is hydrostatic transmission. The telehandler does not require outriggers or stabilizers. The telehandler horsepower must be 70 HP or higher.

Compact Track Loader -Operating Weight: minimum requirement 11,299 lbs (5,126 kg)

-Horsepower Requirement: No less than 96.4 HP

Machine will need to be equipped with a high-flow hydraulic system, advanced load-sensing technology, and a robust undercarriage designed for durability and stability in demanding applications. The enclosed cab is climate-controlled with air conditioning and heating, ensuring operator comfort in various weather conditions

Rubber Tracked Mini-Excavator -Operating Weight: Minimum requirement 18,300 lbs (8,300 kg)

-Horsepower: no less than 66.4 HP

-Boom Reach requirement: 23 feet (7 meters)

-Hydraulic System: Load-sensing hydraulic system for precise control and smooth operation.

Requires multiple auxiliary hydraulic circuits to support a wide range of attachments.

The cab requirements are ergonomic controls, air conditioning, heating, and excellent visibility for enhanced operator comfort and safety.

Wheeled Loader -Horsepower: 200 HP

-Bucket Capacity: 3.15 cubic yards

-Operating Weight: Approximately 35,000 lbs (15,876 kg)

Cab Requirements air-conditioned cab with ergonomic controls, adjustable seating, and panoramic visibility for enhanced operator comfort and safety.

Equipped with safety systems, including rearview cameras, ROPS/FOPS protection, and automatic braking systems to enhance operator and job site safety.

500 gallon Water Trailer -Tank Capacity: 500 gallons

-Heavy-duty polyethylene tank that is UV-stabilized and resistant to corrosion, chemicals, and impact.

Equipped with a high-flow water pump, typically powered by a gasoline or diesel engine, capable of delivering water at a high pressure for various applications. Includes multiple hose connections and options for spray nozzles, fire hoses, or water cannons, depending on the specific needs of the job site.

Unit must me mounted on a trailer for towing.

Heavy-duty axles with high-load capacity tires, designed for stable towing over rough terrain and on-road transport.

Towable Diesel Vertical Mast Light Tower

Purpose: The light tower is designed to provide high-intensity, portable lighting for outdoor job sites, emergency response, and nighttime operations, ensuring safety and visibility during low-light conditions.

Light Output: Equipped with powerful LED or metal halide lamps, capable of producing up to 150,000 lumens per lamp, providing bright and even illumination over a wide area.

Candlepower: Requirement 5,000,000 candlepower, ensuring sufficient light coverage for large work areas.

Mast Height: The vertical mast can be extended up to 30 feet (9 meters) in height, allowing for optimal light dispersion across the job site.

Power Source: Powered by a diesel engine, providing reliable operation with fuel efficiency for extended runtime.

Runtime: Capable of operating continuously for 60-70 hours on a full tank of fuel, depending on the load and environmental conditions.

Mobility: Mounted on a towable trailer with heavy-duty tires, making it easy to transport and deploy at various locations.

Power Landscape Rake, 72 Inches Wide

Purpose: The power landscape rake is designed for grading, leveling, and finishing soil surfaces, making it an essential tool for preparing grounds for seeding, sodding, or other landscaping tasks.

Working Width: 72 inches (6 feet)

Drive System: Shall be powered by the hydraulic system of a skid steer or compact track loader, allowing for adjustable rake angle and depth control.

Tines: Equipped with heavy-duty, replaceable steel tines that efficiently break up clumps of soil, remove rocks and debris, and create a smooth, even surface.

Adjustability: The rake angle can be adjusted to various positions, including forward and reverse angles, to accommodate different terrain and soil conditions.

Power Rake must attach to a variety of skid steers or compact track loaders with a quick attach mounting system, providing flexibility and ease of use.

The following items are required for a 30 day rental from November 1, 2024 to November 30, 2024 and required training for use: Same-Day Training: It is required that on the same day the power screen is delivered, the dealer will conduct comprehensive training for all relevant FLETC staff.

This training will ensure that staff members are fully capable of operating the power screen safely and effectively. The training should cover machine setup, operation, safety procedures, routine maintenance, and troubleshooting. The dealer must provide a qualified trainer to conduct this session and ensure that all staff are confident in their ability to use the equipment before the end of the training day. Delivery Time Frame- The power screen will be rented for 30-day

Item Specifications Quantity Powerscreen Primary Use: The power screen is primarily used for screening and separating materials into different sizes.

It is ideal for use in applications such as gravel, sand, crushed stone, coal, and recycled materials.

Screening Box:

Screenbox Size: Typically equipped with a 2-deck screenbox with dimensions of 11’ x 5’ (3.35m x 1.52m).

ScreenboxCapacity: Capable of processing up to 400 tons per hour, depending on material and conditions.

Screening Decks: The screenbox typically comes with two or three decks, allowing for the production of up to four different product sizes.

Screen Angle: Adjustable screen angle for optimizing screening performance according to material type and conditions.

Hopper and Feeder:

Hopper Capacity: The hopper is designed to hold up to 7 cubic yards (5.3 cubic meters) of material.

Feeder Type: Equipped with a vibrating grizzly feeder or belt feeder, depending on the configuration, which helps to evenly distribute material across the screenbox.

Hopper Width: Typically 12’ (3.66m), allowing easy loading with a variety of equipment.

Conveyors:

Main Conveyor: The main conveyor is responsible for carrying screened material away from the screen box and is equipped with a chevron belt for better material grip.

Side Conveyors: The unit typically includes two side conveyors for discharging oversized and mid-sized materials. These are adjustable in height and angle to accommodate different stockpiling requirements.

Fines Conveyor: A fines conveyor is usually included for carrying away the smallest screened material.

This conveyor is also adjustable.

Engine and Power:

Engine Type: Diesel engine

Horsepower: Approximately 100 HP (75 kW) depending on the engine model.

Mobility and Transport:

Chassis: Mounted on a robust, heavy-duty chassis with hydraulic folding conveyors for easy transport.

Mobility: Track-mounted providing flexibility for movement around the site.

Transport Dimensions: The unit is designed to be compact when folded for transport, with typical transport dimensions around 50’ (15.2m) in length, 8’ (2.44m) in width, and 10’ (3.05m) in height.

Operating Weight:

Weight: The operating weight approximately 61,730 lbs (28,000 kg)

1.2 Scope: The Contractor shall provide the equipment (without operator) to be delivered to the FLETC Artesia, New Mexico campus at 1300 W. Richey Avenue, Artesia, NM 88210. The contractor is responsible for maintenance issues, and in the event of an emergency maintenance requirement, lasting more than eight (8) hours to repair shall be prepared to swap out the vehicle.

1.3 All equipment shall comply with all applicable governmental statutes, regulations, and directives.

Contractor shall furnish equipment with standard manuals (e.g. operation, maintenance and parts manuals) as would normally accompany such equipment. Manuals may be provided printed and bound, on CD, or at an online website.

1.4 Equipment Condition: Prior to the beginning of the Rental Period, equipment shall, at a minimum, be provided to the Authorized User in the following condition as applicable to the equipment type.

1.4.1 Shall be completely assembled, clean, lubricated, serviced, fully functional and capable of performing the task(s) it was designed to perform under the OEM’s guidelines. The Contractor shall be responsible for all costs and expenses necessary to provide Heavy Equipment that is in good working condition and repair. The Authorized User shall not be liable for damage caused by improper maintenance of the equipment by the Contractor;

1.4.2. All safety devices, including rear view camera and/or backup alarm, shall be in place and operational per the OEM’s design. Safety stickers shall be in place and legible;

1.4.3. Fuel tank shall be at full capacity;

1.4.4. All required documents shall be provided (e.g., vehicle registration, inspection and emissions stickers, certificate of insurance);

1.4.5. Shall meet the OEM’s minimum recommendations for Gross Vehicle Weight Rating (GVWR), Front Gross Axle Weight Rating (FGAWR), Rear Gross Axle Weight Rating (RGAWR) and curb weight.

2.0 Rental:

2.1 Equipment Operators: The Equipment shall be furnished without operating personnel, and the operation of said Equipment shall be performed by Authorized User employees.

2.2. Equipment Condition Report: A signed, Written equipment condition report shall be provided to the Authorized User for signature prior to the start of the Rental Period, and upon return of the Heavy Equipment to the Contractor. At a minimum, the report shall include a list, as applicable to the Heavy Equipment, of the following:

2.2.1. Pre-existing damage and non-functioning features;

2.2.2 Operational checks that have been performed;

2.2.3. Attachments provided with the Rental;

2.2.4. Verification that safety devices are in place and operational and safety stickers are in place and legible;

2.2.5. Operators and other manuals included;

2.2.6. Tire condition and pressure;

2.2.7. Fuel and fluid levels; and

2.2.8. Hour/usage meter and odometer readings.

The Contractor and the Authorized User shall review the equipment condition at the point of Delivery as well as at the point of return. If, in the sole opinion of the Authorized User, the Equipment as delivered does not meet the Contract terms or is in a state of disrepair, it shall be returned, and replacement equipment shall be delivered at the Contractor’s expense.

3.0 Maintenance:

3.1. Maintenance: The Rental Price includes all costs associated with preventative maintenance and normal wear and tear, as defined by the Equipment OEM. If necessary, in order to comply with the OEM’s maintenance schedule, maintenance may be performed during the Rental Period. The Contractor shall either inspect and service its equipment at the Rental location at intervals arranged with the Authorized User, or authorize the Authorized User to perform routine maintenance on behalf of the Contractor. The Contractor shall accept full responsibility for maintenance that the Authorized User has been authorized to perform. If performing maintenance at the Authorized User’s location, the Contractor is responsible for cleanup and removal of any resultant waste water and products.

3.2. Routine Service: The Authorized User shall be responsible for performing daily inspections (e.g., general condition of the Equipment, including oil level, tire condition, cooling systems, batteries) and routine service (e.g., grease components prior to use, add diesel exhaust fluid, change oil) required to keep the Heavy Equipment in good repair and running order. If such routine service is required, it is the Contractor’s responsibility to inform the Authorized User and confirm that the Authorized User understands the proper procedure for performing the routine service. The costs of labor and Consumables for routine service shall be the responsibility of the Authorized User.

3.3. Repair: The Contractor is responsible for repair of any equipment not functioning properly, or becoming non-functional, during the Rental Period, subject to the following:

3.3.1. Repairs, other than minor repairs (i.e., repairs that do not require special training and are completed in less than one (1) hour), are to be performed by the Contractor, or arranged for by the Contractor. The Contractor may authorize the Authorized User to perform minor repairs, and shall accept full responsibility for repairs that the Authorized User has been authorized to perform.

3.3.2. In the event that Heavy Equipment failure has been mutually agreed upon by the Contractor and the Authorized User to be the fault of the Authorized User, and the Contractor shall make the repairs, the Contractor shall supply the Authorized User with its currently posted hourly repair rate within three

(3) business days upon request. Furthermore, the Contractor is required to supply the Authorized User with all applicable invoices within forty-five (45) days after the repairs are completed. Invoices submitted for payment must include the following:

a) Number of mechanics;

b) Total hours for repair;

c) Hourly labor rate;

d) Cost of parts;

e) Administrative charges;

f) Shipping of parts ordered specifically for the repair; and

g) Pictures of broken parts (when requested).

3.3.3. During the Rental Period, any piece of Equipment that breaks down, or is damaged, shall be repaired or replaced within two (2) business days after notification by the Authorized User. If the Authorized User has previously notified the Contractor that twenty-four (24) hour, seven (7) day a week repair service shall be required for the Rental Period, repair or replacement must be made within ten

(10) consecutive hours after notification by the Authorized User. Failure to repair or replace with Equipment of similar size and capacity within the timeframe specified herein, shall result in a deduction of the Rental Price of 1/8th of the Daily Rental Price per hour of delay, 1/7th of the Weekly Rental Price per calendar day of delay, or 1/28th of the Monthly Rental Price per calendar day of delay, as applicable, until the Equipment is repaired or replaced. This assessment shall apply regardless of the length of Rental Period.

3.3.4. The Rental Period shall be suspended for the time that the Equipment is unavailable for use due to required repairs, regardless of cause. In the event of a suspension of the Rental Period, the Rental Period shall either be extended accordingly, or a monetary adjustment satisfactory to the Authorized User shall be provided, at the discretion of the Authorized User.

3.3.5. If performing repairs at the Authorized User’s location, the Contractor is responsible for cleanup and removal of any resultant waste water and products.

24/7 Contact Information: The Contractor shall provide general contact information for use by the Authorized User during the Rental Period. This general contact information is included in Attachment 1 – Pricing and will be posted on the OGS website.

In addition, if required by the Authorized User, the Contractor shall provide a 24/7 emergency contact phone number(s) for the Rental Period. If such contact information is required, the Contractor shall respond to Authorized User calls within two (2) hours from the initial call. If the Contractor fails to respond within two (2) hours, then the Rental Price for the applicable day shall be deducted from the Daily, Weekly or Monthly Rental Price, unless otherwise agreed upon by the Authorized User.

SECTION H- SPECIAL CONTRACT REQUIREMENTS

H.1 Directives, Regulations, And Instructions (Jul 2013)

The Contractor, its personnel, subcontractors, their personnel, and representatives shall become acquainted with and fully comply at all times with the Federal Law Enforcement Training Centers (FLETC) Regulations, Directives, and Instructions. Any individual shall be subject to removal from the Center for noncompliance.

In the event of a conflict between this contract and any FLETC Directive, Regulation or Instruction the contract prevails.

H.2 Operation On The Facility (Jul 2013)

Safety The Contractor shall conduct the operation(s) under this contract in strict conformance with all FLETC safety directives and Federal, State, and local requirements and with all applicable provisions of 29 CFR Part 1910 and 1926 of the Occupational Safety and Health Act (OSHA) and USACE EM-385-1-1.

The Contractor shall conform to all safety rules and requirements in effect on the award date of this contract and shall take such additional precautions as the Contracting Officer (CO) may reasonably require for safety and accident prevention purposes while performing any work under this contract. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing in any way under this contract.

The Contractor shall make contract personnel available for Government furnished safety and occupational training for an estimate of two (2) hours to four (4) hours annually per individual.

Government furnished training may include Quality, Safety and Occupational requirements.

H.2.1 Accident Reports

Within 24-hours of occurrence, the Contractor shall prepare a report of all job-related accidents and injuries occurring on FLETC property. The Contractor shall deliver the report to the Contracting Officer Representative (COR). The Contractor shall maintain an accurate record of all accidents resulting in personal injury, death, trauma, or occupational illness or disease;

exposure to hazardous materials (asbestos, lead, etc.); and all injuries reported on the Occupational Safety and Health Administration (OSHA) Form 300, Log of Work-Related Injuries and Illnesses (Section J, Attachment 7).

H.2.2 Occupational Hazards

The Contractor shall comply with all elements of OSHA Safety and Health Standards, the FLETC Safety & Health Directives and all other Federal, State and Local regulatory requirements.

H.2.3 Fire Prevention

Contract personnel shall report fires immediately upon detection.

1. Glynco Security

a. Dispatch x2911

b. (912) 267-2911

The Contractor shall observe all OSHA, FLETC, and National Fire Prevention Association (NFPA) requirements for handling and storage of combustible supplies, materials, waste, and trash. If combustible materials are to be stored on the premises, the Contractor shall obtain Government approval, label the containers with the fire hazard potential of the materials and store the containers in fire-rated locking metal cabinets.

H.2.4 Traffic Regulations

Contractor and subcontractor personnel operating motor vehicles on FLETC shall observe traffic regulations and posted speed limits except as defined elsewhere in this contract. The only exception to posted speed limits is passing jogging formations, when speed shall be reduced to 15 mph. Traffic laws are enforced on the Center and violations shall be assessed penalty points, which can result in revocation of driving privileges on Center.

H.2.5 Weapons

Contractor and subcontractor personnel are not permitted to bring privately owned firearms, weapons, or ammunition on the Center. This restriction includes handguns, rifles, shotguns, hunting bow and arrows, etc. All privately owned firearms, weapons, and ammunition must be surrendered/checked in at the main gate upon entry to FLETC.

H.2.6 Supervision of Contractor Personnel

The Contractor's personnel shall remain under the Contractor's direct supervision at all times.

Although the Government will coordinate direction within the scope of the contract, detailed instructions for the Contractor's personnel's performance and supervision shall remain the sole responsibility of the Contractor.

H.3 Medical Treatment

Only emergency medical care is available in Government facilities to Contractor personnel who suffer on-the-job injury. The Government will NOT perform physical examinations on Contractor personnel except as specified elsewhere in this contract. Government emergency vehicles and medical personnel may be used as the first point of treatment in emergency situations affecting Contractor personnel suffering pain or whose life or limb may be in danger.

Transfer to other than Government medical treatment facilities shall be by the Local Rescue Squad at the contractor’s expense.

H.4 Subcontracting

The Government reserves the right to approve or disapprove subcontractors for any work required by this contract. The Contractor shall obtain the CO's written approval of all subcontractors and provide copies of approved subcontracts.

H.5 Order Of Work

The Contractor shall arrange the work so that it will not cause interference with the normal conduct of Government business or with the progress of other Contractors' projects. The Contractor shall submit all work schedules for approval by the COR. The Contractor shall adhere to the established schedules.

H.6 Other Contracts

The Government may award third party contracts for additional work at or near the site of work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the CO. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.7 Disruption Of Contractor Work Schedule

The Contractor shall promptly notify the CO and the COR when it appears that Government activities or personnel or other contractor's projects are hindering the effective execution of its work efforts.

H.8 Rights Of The Government To Perform Functions With Its Own Personnel

The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God. Such performance shall not constitute a breach of contract by the Government within the meaning of the contract clause FAR 52.212-4 entitled "Termination for Cause".

The Contractor agrees under such circumstances to permit the Government to use any essential Contractor-furnished property. The Government will equitably compensate the Contractor for use of such property.

H.9 Government Performance Of Services During Labor Strikes

Because the services called for under this contract are of critical importance to FLETC, the Government reserves the right to take over or supplement performance of this contract in the event of a labor strike by the Contractor's personnel which impairs the Contractor's ability to satisfactorily perform the contract. Under such circumstances and at the direction of the CO, the Contractor agrees not to interfere in any way with Government performance. The Contractor further agrees under such circumstances to permit the Government to use any essential contractor-furnished property. The Government will equitably compensate the Contractor for use of such property.

The Contractor will not be entitled to payment for any performance period, in part or in total, during which the Government assumes performance under this clause. This clause does not limit the Government's rights under any other clause of this contract, including but not limited to, "Termination for Cause”; “Termination for Convenience”, and "Inspection/Acceptance” in accordance with FAR 52.212-4(a).

H.10 Conservation

Contractor and subcontractor personnel shall actively participate in all energy conservation efforts and programs applicable to work performed under this contract. The Contractor shall instruct its personnel and subcontractors in utilities conservation policies.

H.11 Labor Relations

The Contractor shall maintain satisfactory labor relations with its personnel. Representatives of the Contracting Office will not participate in labor relation matters unless disputes develop that interfere with the proper performance of the contract, at which time the representative may endeavor to assist in settling the difficulty.

The Contractor shall provide the CO with a copy of any collective bargaining agreement applicable to personnel performing on this contract.

H.12 Affirmative Procurement Of Biobased Products Under Service And Construction Contracts

The Contractor shall provide a complete list of biobased products purchased to carry out the contract requirements. The list shall be provided to the point of contact listed in FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, on each anniversary date of award. The products list shall be organized into the following three categories: Biobased products, Green products and all other products. The Contractor shall list volume to be used and total cost for each individual product in each category.

H.13 Photography

No photography, of any nature, is allowed while on FLETC without the written authorization of the CO. Submit photography requests to the CO at least two (2) business days prior to anticipated photo session.

H.14 Conduct Of Personnel

The CO may require the Contractor to remove from the job site any individual under this contract for reasons of misconduct, security, suspected or found to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor and subcontractor personnel shall be subject to dismissal from the premises upon determination by the CO that such action is in the best interests of the Government. The CO has the authority to bar individuals from the installation. Such removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

H.15 Contractor Vehicles

All Contractor vehicles operated on Government property shall be in operable condition, maintained in good repair, and meet all local, State and Federal safety requirements. Vehicles found to be unsafe or unable to function as designed shall be removed from the job site immediately. Each vehicle operated by the Contractor under this contract shall, at all times, display a valid state license plate and safety inspection sticker, if applicable.

All Contractor vehicles shall be operated in accordance with FLETC traffic regulations.

Should a vehicle fail to meet the standards, the Contractor shall be liable of any resultant delays (including jeopardizing their performance report rating on contract schedules).

The Contractor's name and telephone number shall be conspicuously legible on both sides of all Contractor vehicles and over-the-road equipment.

H.16 Permits

The Contractor shall without additional expense to the Government obtain all appointments, licenses, and permits required for the prosecution of the work and for compliance with all applicable Federal, State and local laws, regulations, and codes. Evidence of such shall be provided to the CO upon request.

The Contractor shall ensure that all Contractor personnel who will be driving a vehicle in support of this contract possess required license, prior to driving that vehicle. This specifically includes personnel operating FLETC Government owned vehicles in the performance of roles.

H.17 Environmental Protection

The Contractor shall comply with all applicable environmental protection requirements including all Federal, State and local laws and regulations. All environmental protection matters shall be coordinated with the CO or designated representative. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor, or contractor equipment, personnel, etc., the Contractor shall reimburse the Government for that portion of the fine and associated costs for which the Contractor is responsible.

H.18 Access To Buildings

It shall be the Contractor's responsibility, through the COR, to obtain access to buildings and to arrange for each room/area to be opened and closed as necessary in performance of contract requirements. The Contractor shall be responsible for safeguarding all Government property and securing facilities, equipment, and materials at the end of each work period.

H.19 Key Control

Keys to include keyless entry cards or other similar control devices will be issued to the Contractor as appropriate. The Contractor shall receive, service, and account for all keys issued for use in the performance of this contract. The Contractor shall develop a system of key control and submit the written plan for the CO's approval five (5) days prior to contract start. This plan shall become a part of the quality control plan. The Contractor's plan shall ensure that all keys and lock combinations issued to the Contractor by the Government are not lost, misplaced, or used by unauthorized persons.

Neither the Contractor, nor any Contractor personnel, shall duplicate or fabricate any Government key in its custody. Should replacement keys be required, the Contractor shall submit a WRITTEN REQUEST to the COR. The Contractor shall report loss or unauthorized duplication of Government issued keys to the CO or his/her designated representative within 48 hours of learning of the loss or duplication by Contractor and subcontractor personnel.

The Contractor shall control access to all Government provided lock combinations to preclude unauthorized entry. The Contractor shall immediately notify the COR when lock combinations have been compromised.

Should the security of a facility become compromised by the loss of a key by Contractor personnel, the Contractor shall be responsible for replacement cost for rekeying of locks or lock replacements as determined appropriate by the CO. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced and replacement cost borne by the Contractor.

Contractor personnel shall not allow anyone the use of any Government key in their possession.

They shall not open locked rooms or areas to permit entrance by persons other than Contractor personnel performing assigned duties. Any room unlocked by Contractor at the start of work shall not be left unattended during the service process and shall be re-locked by Contractor personnel after completion of their service duties.

H.20 Disclosure Of Information

a. The Contractor is reminded that information furnished under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when FLETC or the Government determines disclosure is warranted by the FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable.

b. Any information made available to the Contractor by the Government must be used only for carrying out the provisions of this Contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

c. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

d. Each officer or employee of the Contractor or any of its subcontractors to whom any

Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for the purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641.19 U.S.C. 641. This section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

H.21 Implementation Of E.O. 13224- Executive Order On Terrorist Financing

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with the United States Executive Orders and laws.

H.22 Advertising of Award

The Contractor shall not refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.23 Damage Reports

In all instances where Government property or equipment is damaged by Contractor personnel, the Contractor shall submit a full written report of the facts and extent of such to the COR within 24 hours.

H.24 Property Damage And Personal Injuries

The Contractor shall assume full responsibility for any and all damages or claims for damage for injury to persons, property, or equipment which results from any service performed under this contract. The Contractor shall repair or replace to the satisfaction of the CO or his representative any surfaces, fixtures, furnishings, structures, equipment, material, or supplies which were damaged by Contractor personnel. The Contractor shall abide by the decision of the CO whether to repair or to replace items, property, or structures when damage is caused by any of the above.

The Contractor shall accomplish such repair or replacement at no cost to the Government within five (5) business days following occurrence of the damage unless otherwise agreed upon by the

CO.

H.25 Indemnity And Liability

The Contractor shall exercise reasonable care and use the Contractor's best efforts to prevent accidents, injury, or damage to all persons and property in and about the work and to the facility or part(s) thereof upon which work is done.

The Contractor shall indemnify and hold harmless the Government against any and all liability claims and costs for injury to any property (Government or otherwise) arising from the occupancy, use, service, operation or performance of work in connection with this contract resulting in whole or in part from the negligent acts or fault of the Contractor or any subcontractor, or any employee, agent or representative of the Contractor or any subcontractor.

The Government will in no way be responsible for damages or loss occasioned by fire, theft, and accident or otherwise to the Contractor's stored supplies, materials, equipment, or its personnel's personal belongings.

The Contractor shall indemnify the Government against any and all liability claims for injuries, or death of any person and for loss or damage to any property occurring in connection with the occupancy, use, service, operation, or performance of work in connection with this contract resulting from the negligent acts or fault of the Contractor, any subcontractor, any employee, agent, or representative of the Contractor or subcontractor.

H.26 Contractor Liability For Acts Of God

The Contractor shall not be held responsible for damages incurred as a result of an Act of God, including but not limited to: flood, lightning, hurricane, tornado, earthquake, and unusually severe weather conditions documented by the National Weather Service as differing from the norm for this geographical area. The Contractor shall take all necessary precautions or measures to protect Government property and equipment if warning is given. If the Contractor is found to be negligent in his efforts to minimize damages, the Government shall hold the Contractor liable for those damages and associated costs.

H.27 Insurance (Jul 2013)

The Contractor shall procure and maintain insurance at the Contractor’s expense during the term of the contract and any extensions. Before starting work under this contract, the Contractor shall certify to the CO in writing that the required insurance has been obtained. Within 10 days after the award of this contract, the Contractor shall furnish to the CO a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the minimum amounts specified below:

1. Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury and $50,000 per occurrence for property damage

2. Automobile Insurance: $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage

3. Standard Workers' Compensation and Employer's Liability Insurance in the minimum amount of $100,000.

The general liability policy shall name "The United States of America, acting by and through the Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC)" as an additional insured with respect to operations performed under this contract.

The Certificate of Insurance shall provide for a minimum of 30 days written notice to the CO by the insurance company prior to cancellation or material change in policy coverage.

H.28 Holidays

a. The Government recognizes the following holidays: New Year's Day, Labor Day, Martin Luther King Jr's Birthday, Columbus Day, President's Day, Veteran's Day, Memorial Day, Juneteenth National Independence Day, Thanksgiving Day, Independence Day, and Christmas Day.

b. The Federal holidays listed above are holidays granted to Federal employees. The

Contractor shall refer to the individual wage determination (Section J, Attachment 2) for actual holidays to be allowed for contractor employees. In the event that any of these holidays occur on a Saturday or Sunday, they shall be observed by the Contractor per the practice observed by the Government.

c. Occasionally, Federal holidays will be declared normal training days and full

Contractor support will be required. Notice of this requirement will be given to the Contractor at least one week in advance.

d. The Contractor shall NOT receive premium rates for any special declared holiday for Federal employees (e.g., National Day of Mourning for death of a former president).

e. The FLETC may schedule non-training days, for example the Friday after

Thanksgiving Day and on day before or after Christmas Day; however, this is not a Federal Holiday and does not relieve the Contractor from the PM responsibilities on the non-training days.

H.29 Physical And Personnel Security Requirements

H.29.1 General Requirements

a. Contractor and subcontractor personnel in the performance of this contract or any representative of the Contractor entering the FLETC shall abide by all FLETC security regulations which may be in effect during the contract period. Any such individual(s) shall be subject to those security inspections which may be deemed necessary by the FLETC to ensure that no security violations occur during the course of the contract. It shall be the Contractor's responsibility to ensure that each applicant who is expected to perform on FLETC facilities or that requires routine access to FLETC facilities shall complete the most current versions of FLETC’s Badge Application Request. All security forms will be given at time of award and when changes occur. Applicants may be subject to a suitability background investigation which will be either a fingerprint check, a National Agency Check with Written Inquiries, a Minimum Background Investigation or other screenings as deemed necessary by FLETC Security.

b. The FLETC reserves the right and prerogative to deny and/or restrict facility and information access of any Contractor or subcontractor personnel whose actions are in conflict with the standards of conduct, 5 CFR 2635. In accordance with the most current version of FLETC Manual 71-01, Physical Access Control, Paragraph 6, d, (1), (a) an individual will be denied access to FLETC facilities. Examples of offenses which prevent access to the FLETC include, but are not limited to:

1) Any felony conviction within the last six years.

2) Any misdemeanor conviction of a serious nature within the last three years.

3) Multiple misdemeanor convictions within the last six years.

4) Any conviction for drug usage trafficking or involvement in the last 2 years;

5) Violence against Law Enforcement Officers (LEO).

6) Current open criminal charges.

7) Failure to register for Selective Service, if applicable.

8) Aggravated Violent Crimes (e.g., child brutality, child molestation, rape, wrongful death of another, etc.).

9) An active arrest warrant for any of the aforementioned crimes, and/or.

10) Past incidents that would reflect badly on the FLETC in the eyes of the public or that would otherwise pose a threat to the safety and security of FLETC personnel or property.

c. The Contractor shall report to the Chief Security Officer (CSO) any adverse information coming to their attention concerning Contractor and subcontractor personnel during the course of the contract. The report shall include the individual's name and social security number. If this information results in the subsequent termination of the individual's access to the FLETC, it does not obviate the requirement to submit this report.

d. Costs, delays and other hardships that result from Contractor or subcontractor personnel being denied access to the FLETC shall be borne entirely by the Contractor. Denial of access for Contractor or subcontractor personnel to the FLETC by the CSO shall not be subject to the Contract Disputes clause and cannot be the basis for any claim under the contract. FLETC security regulations regarding physical security access are found in the most recent revisions of the following FLETC Directives and Manuals:

Number 71-01, Physical Access Control.

Number 71.00B, Identification Badges, Credentials and Shields; and Number 71-11, Building/Area Security and Access.

H.29.2 Access to FLETC Facilities by Contractor Personnel Determination of Contractor and subcontractor personnel's physical security access requirements must be coordinated with the CO or COR. Contractor and subcontractor personnel are subject to specific access requirements as defined herein.

1) Contractor. The Contractor shall manage the submission of personnel requests for background investigations and shall conduct their own pre-screening to ensure not only that the application is complete, but also to pre-screen for suitability using the same standards the Government applies.

These screening items include:

a) public record criminal checks

b) Past Employment History

c) Education

d) Bankruptcies, Liens, Judgments

e) Verify Social Security Number (SSN), Date of Birth (DOB), and Residence

f) E-Verify name check (foreign born)

g) Google Query

h) Social Network Query

2) Suitability for Contractor Personnel to Perform on the FLETC. Suitability factors are identified in the most current version of DHS Instruction Handbook 121-01-007, Suitability and Security Program. The Contractor shall:

a) Furnish to prospective Contractor and subcontractor personnel under this contract the necessary forms to be completed to request access to the FLETC.

b) Review the completed forms for completeness and accuracy and submit completed forms to the CO or COR for processing.

c) Ensure that personnel have been checked through E-Verify.

i) E-Verify informational brochure on how to create an account:

http://www.uscis.gov/USCIS/Verification/E-Verify/Publications/Guides/guide-enrollment.pdf

ii) E-Verify login at: https://e-verify.uscis.gov/emp/vislogin.aspx

iii) Ensure that proposed Contractor and subcontractor personnel meet the standards as outlined in the preceding paragraphs.

iv) Ensure that personnel who are moderate risk do not exceed the DHS bad debt limit of $7,500.00.

d) Cleared Contractors. Contractor and subcontractor personnel that are to perform on the FLETC in a national security position as identified by the FLETC CSO must be cleared personnel who have received their clearance from the DISCO. Both the Contractor (facility) and the Contractor's (to include subcontractor) personnel must have clearances issued by the DISCO.

National security positions are identified in Title 5 Code of Federal Regulation (CFR) 732.102.

3) Contractor Personnel Access For More Than Six Months. All Contractor and subcontractor personnel who are not temporary or intermittent and who work at the FLETC on a regular basis for more than six (6) months will be required to complete an SF 85. For Contractor and subcontractor personnel determined to be in a moderate risk position, the SF 85P will be required to be completed. Questionnaires must be completed by Contractor and subcontractor personnel utilizing the Office of Personnel Management's (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) System.

a) The Office of Security and Professional Responsibility (OSPR) / Personnel Security Program (PER) will initiate Contractor and subcontractor personnel into the e-QIP system.

b) Contractor and subcontractor personnel will then receive an e-mail message that provides information on accessing the OPM website and completing the electronic questionnaire.

c) In order for Contractor and subcontractor personnel to begin work, the forms must be completed and electronically released to OSPR/PER. OSPR/PER will then release to the National Background Investigation Bureau (NBIB) for the background investigation.

d) For positions identified by the CSO or FLETC Information System Security Manager (ISSM) as low, moderate, or high risk for suitability for employment, the Contractor shall:

i) All forms must be completed in their entirety. For U.S. Citizens, the Contractor must submit the required forms at least 10 days in advance of Contractor and subcontractor personnel's earliest proposed access to FLETC IT systems or facilities. Requirements specific to non-U.S.

Citizens are outlined later in this section.

ii) Upon notification from the FLETC Security staff, Contractor and subcontractor personnel will be required to appear in person before an authorized FLETC representative for the purpose of verifying the individual's identity in accordance with Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors. HSPD-12 mandates that verification of identification for Contractor and subcontractor personnel requires the individual to be physically present, and to present to the badging authority:

i. A picture identification card issued by either a governmental entity of one of the several States or the United States Federal government, and.

ii. One other form of identification specified on Form I-9. Upon verifying the Contractor and subcontractor personnel's identity, Contractor and subcontractor personnel shall provide fingerprints and a photograph.

iii. Following a favorably adjudicated background investigation, the FLETC may issue a Personal Identity Verification (PIV) Card to Contractor and subcontractor personnel that will enable appropriate access to the facility and IT systems. Such access will only be issued in accordance with FLETC Physical Security, Information Security and IT Security policies.

Access to national security information only occurs in the event that the Contractor has received a clearance from the DISCO.

iv. At the discretion of the CSO and following the receipt of favorable National Agency Check (NAC), the FLETC may elect to approve temporary access to the facility for Contractor and subcontractor personnel while the rest of the suitability investigation is being completed. If the NAC is not returned in five (5) days from the time that the OSPR/PER releases the electronic questionnaire to NBIB, the results of a fingerprint check can be used to allow the Contractor and subcontractor personnel to begin working.

4) Contractor Personnel Less Than Six Months, More Than Five Days. Contractor and subcontractor personnel who will require access to the FLETC for more than five (5) days, but less than six (6) months, all forms shall be submitted to the COR a minimum of 10 business days in advance of Contractor and subcontractor personnel's first day of needed access.

a) FLETC shall conduct background checks for access using the information provided.

i) Upon notification from the FLETC Security staff, Contractor and subcontractor personnel will be required to appear in person before an authorized FLETC representative for the purpose of verifying the individual's identity. Verification of the Contractor and subcontractor personnel's identity requires the individual to be physically present, and to present to the badging authority:

i. A picture identification card issued by either a governmental entity of one of the several States or the United States Federal government, and.

ii. One other form of identification specified on Form I-9. Upon verifying the Contractor and subcontractor personnel's identity, Contractor and subcontractor personnel shall provide fingerprints and a…