70LGLY26QGLB00002 Range Cleaning.pdf

TABLE OF CONTENTS

SECTION A- SOLICITATION/CONTRACT FORM

SECTION B- PRICE SCHEDULE AND PERIOD OF PERFORMANCE

SECTION C- CONTRACT CLAUSES AND LOCAL INSTRUCTIONS

SECTION D- DOCUMENTS, EXHIBITS, AND ATTACHMENTS

-PERFORMANCE WORK STATEMENT

-PERFORMANCE REQUIREMENTS SUMMARY

-QUALIITY ASSURANCE PLAN

-WAGE DETERMINATIONS for (4) Locations

-CONTRACT DISCREPANCY REPORT

SECTION E- SOLICITATION PROVISIONS

FAR 52.212-1- Instructions to Offerors- Commercial Products and Commercial Services.

FAR 52.212-2- Evaluation- Commercial Products and Commercial Services

SECTION B PRICE SCHEDULE

SEE SCHEDULE ON SF1449 FOR PRICING INPUT

PERIOD OF PERFORMANCE (POP). Service dates are as follows:

Performance Period Performance Period Dates

Base Period (includes 30 days phase-in)

12/01/2025 thru 11/30/2026

Option Period 1 12/01/2026 thru 11/30/2027 Option Period 2 12/01/2027 thru 11/30/2028 Option Period 3 12/01/2028 thru 11/30/2029 Option Period 4 12/01/2029 thru 11/30/2030

SECTION C- Clauses

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 ful ltext of a clause may be accessed electronically at this/these address(es): [www.acquisition.gov]

(End of clause)

52.202-1 Definitions. (JUN 2020)

52.203-3 Gratuities. (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of [Federal Law Enforcement Training Centers (FLETC) ] and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements. (MAR 2021)

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

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

52.204-14 Service Contract Reporting Requirements. (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (OCT 2016)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.207-3 Right of First Refusal of Employment. (MAY 2006)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.216-18 Ordering. (Aug 2020)

52.216-19 Order Limitations. (Oct 1995)

52.216-22 Indefinite Quantity. (Oct 1995)

52.217-9 Op on To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by wriƩen noƟce to the Contractor within [30 days]; provided that the Government gives the Contractor a preliminary wriƩen noƟce of its intent to extend at least [60 days unless a different number of days is inserted] days before the contract expires. The preliminary noƟce does not commit the Government to an extension.

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

(c) The total duraƟon of this contract, including the exercise of any opƟons under this clause, shall not exceed [5 years].

(End of clause)

52.222-1 No ce to the Government of Labor Disputes. (FEB 1997)

52.223-2 Repor ng of Biobased Products Under Service and Construc on Contracts. (MAY 2024)

(a) DefiniƟons. As used in this clause-

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C. 8101) (7 CFR 3201.2).

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials-

(1) That are listed by USDA in a procurement guideline (7 CFR part 3201, subpart B);

and

(2) For which USDA has provided purchasing recommendaƟons (available at https://www.biopreferred.gov).

(b) The Contractor shall report to hƩps://www.sam.gov, with a copy to the ContracƟng Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(c) Submit this report no later than-

(1) October 31 of each year during contract performance; and

(2) At the end of contract performance.

52.223-5 Pollu on Preven on and Right-to-Know Informa on. (MAY 2024)

52.223-10 Waste Reduc on Program. (MAY 2024)

52.223-17 Reserved

52.224-1 Privacy Act No fica on. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.225-19 Contractor Personnel in a Designated Opera onal Area or Suppor ng a Diploma c or Consular

Mission Outside the United States. (MAY 2020)

(a) DefiniƟons. As used in this clause-

Chief of mission means the principal officer in charge of a diplomatic mission of the United States or of a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Pub. L. 96-465) to be temporarily in charge of such a mission or office.

Combatant commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations.

SupporƟng a diplomaƟc or consular mission means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direcƟon of a chief of mission.

(b) General. (1) This clause applies when Contractor personnel are required to perform outside the United States-

(i) In a designated operaƟonal area during-

(A) ConƟngency operations;

(B) Humanitarian or peacekeeping operaƟons; or

(C) Other military operaƟons; or military exercises, when designated by the Combatant Commander; or

(ii) When supporƟng a diplomaƟc or consular mission-

(A) That has been designated by the Department of State as a danger pay post (see hƩps://aoprals.state.gov/); or

(B) That the ContracƟng Officer has indicated is subject to this clause.

(2) Contract performance may require work in dangerous or austere condiƟons. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operaƟons.

(3) Contractor personnel are civilians.

(i) Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of this clause, Contractor personnel are only authorized to use deadly force in self-defense.

(ii) Contractor personnel performing security funcƟons are also authorized to use deadly force when use of such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and condiƟons contained in the contract or with their job descripƟon and terms of employment.

(4) Service performed by Contractor personnel subject to this clause is not acƟve duty or service under 38 U.S.C. 106 note.

(c) Support. Unless specified elsewhere in the contract, the Contractor is responsible for all logisƟcal and security support required for Contractor personnel engaged in this contract.

(d) Compliance with laws and regulaƟons. The Contractor shall comply with, and shall ensure that its personnel in the designated operaƟonal area or supporƟng the diplomaƟc or consular mission are familiar with and comply with, all applicable-

(1) United States, host country, and third country naƟonal laws;

(2) TreaƟes and internaƟonal agreements;

(3) United States regulaƟons, direcƟves, instrucƟons, policies, and procedures; and

(4) Force protecƟon, security, health, or safety orders, direcƟves, and instrucƟons issued by the Chief of Mission or the Combatant Commander; however, only the ContracƟng Officer is authorized to modify the terms and condiƟons of the contract.

(e) Preliminary personnel requirements. (1) Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in the statement of work, or elsewhere in the contract.

(2) Before Contractor personnel depart from the United States or a third country, and before Contractor personnel residing in the host country begin contract performance in the designated operaƟonal area or supporƟng the diplomaƟc or consular mission, the Contractor shall ensure the following:

(i) All required security and background checks are complete and acceptable.

(ii) All personnel are medically and physically fit and have received all required vaccinations.

(iii) All personnel have all necessary passports, visas, entry permits, and other documents required for Contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

(iv) All personnel have received-

(A) A country clearance or special area clearance, if required by the chief of mission; and

(B) Theater clearance, if required by the Combatant Commander.

(v) All personnel have received personal security training. The training must at a minimum-

(A) Cover safety and security issues facing employees overseas;

(B) IdenƟfy safety and security conƟngency planning acƟviƟes; and

(C) IdenƟfy ways to uƟlize safety and security personnel and other resources appropriately.

(vi) All personnel have received isolated personnel training, if specified in the contract. Isolated personnel are military or civilian personnel separated from their unit or organizaƟon in an environment requiring them to survive, evade, or escape while awaiƟng rescue or recovery.

(vii) All personnel who are U.S. ciƟzens are registered with the U.S. Embassy or Consulate with jurisdicƟon over the area of operaƟons on-line at http://www.travel.state.gov.

(3) The Contractor shall noƟfy all personnel who are not a host country naƟonal or ordinarily resident in the host country that-

(i) If this contract is with the Department of Defense, or the contract relates to supporƟng the mission of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would consƟtute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special mariƟme and territorial jurisdicƟon of the United States, may potenƟally be subject to the criminal jurisdicƟon of the United States (see the Military Extraterritorial JurisdicƟon Act of 2000 (18 U.S.C. 3261 et seq.);

(ii) Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdicƟon also extends to conduct that is determined to consƟtute a war crime when commiƩed by a civilian naƟonal of the United States; and

(iii) Other laws may provide for prosecuƟon of U.S. naƟonals who commit offenses on the premises of United States diplomaƟc, consular, military or other United States Government missions outside the United States (18 U.S.C.

7(9)).

(f) Processing and departure points. The Contractor shall require its personnel who are arriving from outside the area of performance to perform in the designated operaƟonal area or supporƟng the diplomaƟc or consular mission to-

(1) Process through the departure center designated in the contract or complete another process as directed by the ContracƟng Officer;

(2) Use a specific point of departure and transportaƟon mode as directed by the ContracƟng Officer; and

(3) Process through a recepƟon center as designated by the ContracƟng Officer upon arrival at the place of performance.

(g) Personnel data. (1) Unless personnel data requirements are otherwise specified in the contract, the Contractor shall establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The ContracƟng Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort.

(2) The Contractor shall ensure that all employees on this list have a current record of emergency data, for notification of next of kin, on file with both the Contractor and the designated Government official.

(h) Contractor personnel. The ContracƟng Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such acƟon may be taken at the Government's discreƟon without prejudice to its rights under any other provision of this contract, including terminaƟon for default or cause.

(i) Weapons. (1) If the ContracƟng Officer, subject to the approval of the Combatant Commander or the Chief of Mission, authorizes the carrying of weapons-

(i) The ContracƟng Officer may authorize an approved Contractor to issue Contractor-owned weapons and ammuniƟon to specified employees; or

(ii) The [ContracƟng Officer to specify individual, e.g., ContracƟng Officer RepresentaƟve, Regional Security Officer, etc,] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees.

(2) The Contractor shall provide to the ContracƟng Officer a specific list of personnel for whom authorizaƟon to carry a weapon is requested.

(3) The Contractor shall ensure that its personnel who are authorized to carry weapons-

(i) Are adequately trained to carry and use them-

(A) Safely;

(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander or the Chief of Mission;

and

(C) In compliance with applicable agency policies, agreements, rules, regulaƟons, and other applicable law;

(ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and

(iii) Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission regarding possession, use, safety, and accountability of weapons and ammuniƟon.

(4) Upon revocaƟon by the ContracƟng Officer of the Contractor's authorizaƟon to possess weapons, the Contractor shall ensure that all Government-furnished weapons and unexpended ammuniƟon are returned as directed by the ContracƟng Officer.

(5) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

(j) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area of performance.

(k) Military clothing and protecƟve equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear disƟncƟve patches, armbands, nametags, or headgear, in order to be disƟnguishable from military personnel, consistent with force protecƟon measures.

(2) Contractor personnel may wear specific items required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.

(l) EvacuaƟon. (1) If the Chief of Mission or Combatant Commander orders a mandatory evacuaƟon of some or all personnel, the Government will provide to United States and third country naƟonal Contractor personnel the level of assistance provided to private United States citizens.

(2) In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer.

(m) Personnel recovery. (1) In the case of isolated, missing, detained, captured or abducted Contractor personnel, the Government will assist in personnel recovery acƟons.

(2) Personnel recovery may occur through military acƟon, acƟon by non-governmental organizaƟons, other Government-approved acƟon, diplomaƟc iniƟaƟves, or through any combinaƟon of these opƟons.

(3) The Department of Defense has primary responsibility for recovering DoD contract service employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD DirecƟve 2310.2, Personnel Recovery.

(n) NoƟficaƟon and return of personal effects. (1) The Contractor shall be responsible for noƟficaƟon of the employee-designated next of kin, and noƟficaƟon as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee-

(i) Dies;

(ii) Requires evacuaƟon due to an injury; or

(iii) Is isolated, missing, detained, captured, or abducted.

(2) The Contractor shall also be responsible for the return of all personal effects of deceased or missing Contractor personnel, if appropriate, to next of kin.

(o) Mortuary affairs. Mortuary affairs for Contractor personnel who die in the area of performance will be handled as follows:

(1) If this contract was awarded by DoD, the remains of Contractor personnel will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

(2)(i) If this contract was awarded by an agency other than DoD, the Contractor is responsible for the return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)(ii) of this clause.

(ii) In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State.

(p) Changes. In addiƟon to the changes otherwise authorized by the Changes clause of this contract, the ContracƟng Officer may, at any Ɵme, by wriƩen order idenƟfied as a change order, make changes in place of performance or Government-furnished faciliƟes, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract.

(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States-

(1) In a designated operaƟonal area during-

(i) ConƟngency operations;

(ii) Humanitarian or peacekeeping operaƟons; or

(iii) Other military operaƟons; or military exercises, when designated by the Combatant Commander; or

(2) When supporƟng a diplomaƟc or consular mission-

(i) That has been designated by the Department of State as a danger pay post (see hƩp://aoprals.state.gov/); or

(ii) That the ContracƟng Officer has indicated is subject to this clause.

52.227-1 Authoriza on and Consent. (JUN 2020)

52.228-2 Addi onal Bond Security. (OCT 1997)

52.228-5 Insurance - Work on a Government Installa on. (JAN 1997)

52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)

52.228-14 Irrevocable Le er of Credit. (NOV 2014)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limita on on Withholding of Payments. (APR 1984)

52.232-18 Availability of Funds. (APR 1984)

52.232-25 Prompt Payment. (JAN 2017)

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in secƟon 33.101 of the Federal AcquisiƟon RegulaƟon, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the ContracƟng Officer (addressed as follows) by obtaining wriƩen and dated acknowledgment of receipt from [ContracƟng Officer designate the official or locaƟon where a protest may be served on the ContracƟng Officer].

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.233-3 Protest A er Award. (AUG 1996)

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

52.237-2 Protec on of Government Buildings, Equipment, and Vegeta on. (APR 1984)

52.237-3 Con nuity of Services. (JAN 1991)

52.242-13 Bankruptcy. (JUL 1995)

52.242-15 Stop-Work Order. (AUG 1989)

52.245-1 Government Property. (SEP 2021)

52.245-9 Use and Charges. (APR 2012)

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

52.251-1 Government Supply Sources. (APR 2012)

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): [Insert one or more Internet addresses]

(End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

3052.204-71 Contractor employee access. (JUL 2023)

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

(a) ProhibiƟons. SecƟon 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 enƟty which is treated as an inverted domesƟc corporaƟon as defined in this provision, or with any subsidiary of such an enƟty. The Secretary shall waive the prohibiƟon with respect to any specific contract if the Secretary determines that the waiver is required in the interest of naƟonal security.

(b) DefiniƟons. As used in this provision:

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 enƟty completes the direct or indirect acquisiƟon of substanƟally all of the properƟes held directly or indirectly by a domesƟc corporaƟon or substanƟally all of the properƟes consƟtuƟng a trade or business of a domesƟc partnership;

(2) AŌer the acquisiƟon at least 80 percent of the stock (by vote or value) of the enƟty is held-

(i) In the case of an acquisiƟon with respect to a domesƟc corporaƟon, by former shareholders of the domesƟc corporaƟon by reason of holding stock in the domesƟc corporaƟon; or

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

(3) The expanded affiliated group which aŌer the acquisiƟon includes the enƟty does not have substanƟal business acƟviƟes in the foreign country in which or under the law of which the enƟty is created or organized when compared to the total business acƟviƟes 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 definiƟons and special rules shall apply when determining whether a foreign incorporated enƟty should be treated as an inverted domesƟc corporaƟon.

(1) Certain stock disregarded. For the purpose of treaƟng a foreign incorporated enƟty as an inverted domesƟc corporaƟon 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 enƟty; or

(ii) Stock of such enƟty which is sold in a public offering related to an acquisiƟon described in secƟon 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 enƟty acquires directly or indirectly substanƟally all of the properƟes of a domesƟc corporaƟon or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsecƟon (b)(2) are met, such acƟons shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properƟes or liabiliƟes (including by contribuƟon or distribuƟon) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this secƟon.

(d) Special rule for related partnerships. For purposes of applying secƟon 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisiƟon of a domesƟc partnership, except as provided in regulaƟons, all domesƟc partnerships which are under common control (within the meaning of secƟon 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 transacƟon, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) ConverƟble debt instruments;

(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 transacƟon or to disregard transacƟons whose recogniƟon would defeat the purpose of secƟon 835.

(f) Disclosure. The offeror under this solicitaƟon 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 aƩached to the quote.

(End of provision)

3052.212-70 Contract terms and condi ons applicable to DHS acquisi on of commercial items. (JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.)

(a) Provisions.

[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

[ ] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

[ ] 3052.247-70 F.o.B. Origin Information.

[ ] Alternate I

[ ] Alternate II

[ ] 3052.247-71 F.o.B. Origin Only.

[ ] 3052.247-72 F.o.B. Destination Only.

(b) Clauses.

[ ] 3052.203-70 Instructions for Contractor Disclosure of Violations.

[ ] 3052.204-71 Contractor Employee Access.

[ ] Alternate I

[ ] Alternate II

[ ] 3052.204-72 Safeguarding of Controlled Unclassified Information.

[ ] 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

[ ] 3052.205-70 Advertisement, Publicizing Awards, and Releases.

[ ] Alternate I

[ ] 3052.209-72 Organizational Conflicts of Interest.

[ ] 3052.209-73 Limitation on Future Contracting.

[ ] 3052.215-70 Key Personnel or Facilities.

[ ] 3052.216-71 Determination of Award Fee.

[ ] 3052.216-72 Performance Evaluation Plan.

[ ] 3052.216-73 Distribution of Award Fee.

[ ] 3052.217-91 Performance. (USCG)

[ ] 3052.217-92 Inspection and Manner of Doing Work. (USCG)

[ ] 3052.217-93 Subcontracts. (USCG)

[ ] 3052.217-94 Lay Days. (USCG)

[ ] 3052.217-95 Liability and Insurance. (USCG)

[ ] 3052.217-96 Title. (USCG)

[ ] 3052.217-97 Discharge of Liens. (USCG)

[ ] 3052.217-98 Delays. (USCG)

[ ] 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

[ ] 3052.217-100 Guarantee. (USCG)

[ ] 3052.219-71 DHS Mentor Protégé Program.

[ ] 3052.228-70 Insurance.

[ ] 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

[ ] 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

[ ] 3052.228-92 Fair Market Value of Aircraft. (USCG)

[ ] 3052.228-93 Risk and Indemnities. (USCG)

[ ] 3052.236-70 Special Provisions for Work at Operating Airports.

[ ] 3052.242-72 Contracting Officer's Representative.

[ ]HSAR 3052.249-90 Contract Termination (USCG).

3052.215-70 Key personnel or facili es. (DEC 2003)

(a) The personnel or faciliƟes specified below are considered essenƟal to the work being performed under this contract and may, with the consent of the contracƟng parƟes, be changed from Ɵme to Ɵme during the course of the contract by adding or deleƟng personnel or faciliƟes, as appropriate.

(b) Before removing or replacing any of the specified individuals or faciliƟes, the Contractor shall noƟfy the ContracƟng Officer, in wriƟng, before the change becomes effecƟve. The Contractor shall submit sufficient informaƟon to support the proposed acƟon and to enable the ContracƟng Officer to evaluate the potenƟal impact of the change on this contract. The Contractor shall not remove or replace personnel or faciliƟes unƟl the ContracƟng Officer approves the change.

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)

3052.228-70 Insurance. (DEC 2003)

3052.242-72 Contracting Officer's Representative. (DEC 2003)

Section C- Special Contract Requirements

C.1 DIRECTIVES, REGULATIONS, AND INSTRUCTIONS (JUL 2013)

a. 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.

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

C.2 OPERATION ON THE FACILITY (JUL 2013)

C.2.1 Safety

a. 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).

b. 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.

c. 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.

C.2.2 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.

C.2.3 Occupational Hazards

The Contractor shall comply with all elements of OSHA Safety and Health Standards and the FLETC Safety and Health Directives.

C.2.4 Fire Prevention

Contract personnel shall report fires immediately upon detection. 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.

C.2.5 Traffic Regulations

Contractor and subcontractor personnel operating motor vehicles on the 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.

C.2.6 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 the FLETC.

C.2.7 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.

C.3 Medical Treatment

a. 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.

b. Transfer to other than Government medical treatment facilities shall be affected by the Local Rescue Squad or Security Vehicle as determined necessary by attending medical authorities. The Contractor shall render payment for care at the rates established by the CO as equitable with like services rendered in the local community. Upon receipt of a statement of charges, reimbursement will be made by the Contractor as a credit to the next billing invoice. Cost of these emergency services shall be incurred and borne by the Contractor as non-reimbursable by the Government.

C.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.

C.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.

C.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.

C.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.

C.8 RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

a. 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 entitled "Default".

b. 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.

C.9 GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES

a. Because the services called for under this contract are of critical importance to the 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.

b. 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, "Default (Fixed-Price Supply and Services)", "Termination for Convenience of the Government (Fixed-Price)", and "Inspection of Services Fixed-Price."

C.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.

C.11 LABOR RELATIONS

a. 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.

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

C.13 PHOTOGRAPHY

No photography, of any nature, is allowed while on the 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.

C.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.

C.15 CONTRACTOR VEHICLES

a. 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, always, display a valid state license plate and safety inspection sticker, if applicable.

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

c. 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).

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

C.16 PERMITS

a. 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.

b. 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.

C.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. If 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.

C.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.

C.19 KEY CONTROL

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

C.20 DISCLOSURE OF INFORMATION

a. Neither the Contractor nor any contract personnel shall disclose, or cause to be disseminated, any information concerning the operations which could result in or increase the likelihood of the possibility of a breach of the FLETC (or its partner organizations) security or interrupt the continuity of its operations.

b. No Contractor personnel or representative shall provide any information related to the FLETC activities to any element of the media without the CO's prior written permission. This prohibition includes publicity releases, recruitment notices, etc. All inquiries, comments, or complaints arising from or in connection with the performance of this contract shall be directed to the CO, if dissemination of official information may be required for resolution.

c. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the equipment or services furnished pursuant to the provisions of this contract in, or in connection with, any news release or commercial advertising, without first obtaining the explicit written consent of the CO.

d. Should any such reference appear in any news release or commercial advertising issued by or on behalf of the Contractor without such prior consent, the Government shall consider institution of all remedies available under the provisions of this contract. Disclosure of information relating to this contract to any person not entitled to receive it, or failure to safeguard any sensitive information that may come to the Contractor or any person under his control, may subject the Contract, his agents, or employees to criminal liability under Title 18, Section 793 and 798, of the United States Code.

e. Deviations from, or violations of, any of the provisions of this paragraph will, in addition to all other criminal and civil remedies provided by law, subject the Contractor to immediate termination for default and the individual(s) involved to a withdrawal of the Government's acceptance and approval of performance on the FLETC sites.

C.21 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.

C.22 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.

C.23 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.

C.24 INDEMNITY AND LIABILITY

a. 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.

b. 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.

c. 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.

d. The Contractor shall indemnify the Government against 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,…