70LGLY26QGLB00021 Amd 001 Conformed.pdf

Fitness Equipment Maintenance and Repair Services Department of Homeland Security (DHS)

Federal Law Enforcement Training Center (FLETC)

70LGLY26QGLB00021

This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Part 12 under the Revolutionary FAR Overhaul (RFO) and has incorporated provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2026-01 dated 03/13/2026. This announcement constitutes the only solicitation, quotations are being requested and a separate written solicitation will not be issued.

Solicitation number 70LGLY26QGLB00021 is issued as a Request for Quotation (RFQ) to provide Fitness Equipment Maintenance and Repair Services for the Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC), Physical Techniques Division (PTD) located in Glynco, Georgia.

This commercial services acquisition is being solicited as a competitive Service-Disabled Veteran Owned Small Business Set-Aside. It is anticipated that a single Firm-Fixed-Price award will be made as a result of this solicitation.

The North American Industry Classification System Code (NAICS) is 811490 – Other Personal and Household Goods Repair and Maintenance and the Small Business Standard is $9.0 Million.

Product/Service Code is J078 – Maint/repair/rebuild of equipment - recreational and athletic equipment.

All questions regarding this solicitation must be received must be received electronically via email to the Contracting Officer, Michael Winstead, at michael.winstead@fletc.dhs.gov no later than 5:00 PM EDT on 04/16/2026 to allow adequate time to provide answers. All Q&As will be posted as an amendment to the solicitation on SAM.gov.

All quotations must be received electronically via email to the Contracting Officer, Michael Winstead, at michael.winstead@fletc.dhs.gov no later than 2:00 PM EDT on 04/23/2026 to receive consideration.

mailto:michael.winstead@fletc.dhs.gov mailto:michael.winstead@fletc.dhs.gov

PERFORMANCE WORK STATEMENT (PWS)

1. General: This is a commercial non-personal services contract to perform Fitness Equipment

Maintenance and Repair Services for the Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC), Physical Techniques Division (PTD) located in Glynco, Georgia.

1.1 Background: The FLETC provides basic, advanced and specialized training to law enforcement agencies and is host to approximately 91 Participating Agencies/Bureaus (PO) aka partner organizations and offers on center exercise facilities for students and staff.

1.2 Place of Performance: The FLETCs Glynco is located approximately six (6) miles north of the City of Brunswick in southeastern Georgia. The city is located off U. S.

Interstate 95 and U. S. Highway 17 and encompasses approximately 1,613 acres of Government real property, including firing ranges, dormitories, and approximately 323 buildings.

1.3 Description of Services: The contractor will provide technicians who are certified, meeting all applicable certifications and standards as required by the relevant manufacturers to ensure continued adherence to warranty terms to maintain and repair equipment in accordance with Original Equipment Manufacturer (OEM) instructions to include current equipment and equipment that may be provided by FLETC in the future. Fitness equipment maintenance, servicing, and repair will be performed in accordance with the current revision of the appropriate OEM repair manual of which the contractor is required to locate and access these manuals for use.

1.4 Employee Roster: The contractor will submit a written roster of all contract employees to the CO within three (3) business days after contract award, at execution of option periods, and/or when changes occur. The roster will include the following: full name, position or duty assigned, anniversary date of employment, and identify if full-time or part-time employee.

2. Services: The contractor will provide all labor, materials, and supplies required to perform the factory-recommended maintenance schedule for all covered fitness equipment. The contractor will routinely lubricate, clean, and repair all equipment to ensure it remains in good working order. The contractor will perform a visual and technical inspection of all equipment according to the OEM manual, including revisions thereof, and service bulletins. The contractor will repair all components, including replacement of missing, defective, worn, disabled, or outmoded parts, and remove foreign material and corrosion according to the appropriate OEM manual, keeping with industry best practices.

2.1 Cannibalization of Parts: The contractor may submit a written request to the COR for approval for case-by-case requests to cannibalize parts from other equipment.

2.2 Designation of Point of Contact: The Contractor will designate and provide a written notification to the Contracting Officer in writing via email on the Contractor’s company letterhead a single person as a primary point of contact to act as representative for the contract during the entire contract period. If at any time a change is made in the point of contact, the Contractor will immediately notify the CO of such change in writing via email on Contractor’s business letterhead.

2.3 Schedule: The contractor will submit to the COR a weekly schedule, to include consistent dates each month, for all work performance. Work may be performed Monday through Friday, between 7:30 a.m. and 4:30 p.m. Eastern Time, federal holidays are excluded. The contractor must perform services at least one (1) day per week. For each service visit, the contractor will coordinate meeting with the COR to discuss the contract. Discussion may include specific or pervasive equipment problems, schedule changes, discrepancies, invoices, and documentation. The contractor will provide the COR with a monthly inspection schedule for all equipment. If at any time Contractor is unable to meet on the scheduled date, the contractor will immediately make notification to the COR via telephone and/or email of which this notice must be confirmed as received.

2.4 Inspections: The contractor will perform a thorough monthly inspection of all Fitness

Equipment according to OEM or vendor. The contractor will initiate and maintain contact with all OEMs and/or vendors as necessary to ensure all fitness equipment’s warranty issues are appropriately considered and resolved. Inspections will include, but are not limited to:

a. Cleaning i.e. removal of dust, dirt, grime, sweat, and excessive lubrication.

b. Proper lubrication of moving parts.

c. Tightening loose fasteners.

d. Replacing stripped, missing, inappropriate, or ineffective fasteners.

e. Adjusting and calibrating electrical, electronic, hydraulic, pneumatic, and mechanical components and settings.

f. Replacing parts that have a predictable useful life (e.g., cables, belts, pads, upholstery, dry-cell batteries, etc.).

g. Removing and replacing cowlings, shields, covers, etc., to facilitate other work.

2.5 Equipment Repair: When notified by the COR, the Contractor will repair any damaged equipment within 2 weeks of notification (assuming availability of parts).

2.6 Quality Control Plan (QCP): Contractor will implement a written Quality Control

Plan to ensure adherence to the service standards described in this Performance Work Statement (PWS), generally accepted practices for the fitness equipment service industry, and specific standards established by OEMs and equipment vendors.

The QCP is to include, but not limited to:

a. General policies and procedures.

b. Identification of potential hazards.

c. Identification of regular planned inspections and maintenance for specific equipment or parts, including the scheduling thereof.

d. Procedures for taking equipment out of service, including the marking of such equipment, and—if needed—the securing of such equipment from use; and,

e. Procedures for allowing equipment that requires service but may remain in use.

2.7 Serviceable and Replacement Parts: The contractor shall notify the COR of any parts that the contractor identifies missing, defective, worn, disabled, or outmoded and in need of replacement and provide three (3) estimates with supporting documentation for the Government to purchase the replacement parts. The replacement parts will be provided to the Contractor once they become available.

2.8 Assignment and Subcontracting: Contractor shall not assign or subcontract this contract, any portion thereof, or any services or obligations to be performed, without express approval of the Government.

2.9 Records and Inspection of Work:

The Contractor will maintain legible written records and documentation of all visits, work accomplished, and parts ordered, replaced, or discarded. Documentation will include, but is not limited to:

a. Problems found by the Contractor.

b. Problems reported by the Government or users.

c. Any corrective action necessary to remedy each problem.

d. All work performed.

e. All remaining work, procedures, or parts needed to complete corrective action.

f. Identification of unserviceable equipment and parts, including recommendations for disposal.

g. All work pending, including reasons.

h. All unresolved Fitness Equipment problems, including reasons.

i. All replacement parts required, including estimated date of parts receipt.

j. Any other noteworthy issues and disclosures.

Upon completion of all work during any visit, the Contractor will contact the COR to inspect the completed work. Before departing FLETC, the Contractor will provide the COR with a detailed record of work performed, including all items listed above.

2.10 Liability. The Contractor will assume all liability for injury to its employees and subcontractors for damage to its equipment and for any other loss.

2.11 Loss or Damage. The Contractor will prevent loss and damage to Government property and will replace or repair all loss or damage, unless caused by Government personnel in the performance of their duties, or by other vendors or contractors. Furthermore, the contractor will immediately report to the COR all suspected loss or damage, regardless of cause.

3. Safety Program: Within 10 days of award, the contractor will submit for the CO’s review and approval a written Accident Prevention Plan (APP) outlining adherence to a safety program by the contractor and all assigned technicians. This plan must identify potential hazards, and the controls measures to be taken.

The APP will include, but is not limited to:

a. Training plan for all assigned technicians.

b. Procedures for investigating/ reporting any accidents no more than 24 hours after.

c. Required Personal Protective Equipment; and,

d. Any use and/or disposal of hazardous materials.

4. Qualifications: The contractor and all assigned service technicians must possess and exercise knowledge, skills, and abilities commensurate with at least two (2) years full-time experience in servicing commercial-grade fitness equipment at a large fitness facility for a facility used daily by 300 or more individuals. Experience requires the repair of equipment that has been damaged by improper use, general wear and tear, and damage to internal and external parts.

Such damage and wear may include, but is not limited to, chains, springs, cables, slipcovers, upholstery, bearings, belts, electrical components, wires, power cords, alternators, invertors, circuit boards, switches, fasteners, connectors, and noisy components.

5. Equipment: Fitness Equipment that is currently used by PTD, to include replacement equipment or additional equipment which may be acquired during the period of this contract.

The Schedule of Fitness Equipment includes but is not limited to:

5.1 Strength Training Equipment: Barbells dumbbells, kettle bells, club bells, steel plates, bumper plates, selectorized cable stations, suspension training systems, plate loaded stations, and Smith machines.

5.2 Aerobic Training Equipment: Treadmills, ellipticals, ergometers, climbers, steppers, rowers, spin cycles, upright cycles, recumbent cycles, Jacobs Ladders, and rope machines.

5.3 Ancillary Equipment: Equipment racks, weight racks, squat racks, power cages, multi-function stations, lifting decks, benches, squat boxes, audio- visual transmitters, receivers, and interfaces, electronic timers and counters, plyometric boxes, cable attachments, barbell collars, sleds, cables, chains, snap links, etc.

Access to the FLETCs: The contractor will ensure that all contractor’s personnel, to include service technicians, request and obtain a valid Gate Pass from FLETCs Security and Emergency Management Division (SEMD) by completing and submitting all required security and screening forms for each individual. All individuals requesting access must be a U.S. citizen. Security and screening documents will be provided to the successful contractor after award.

Period of Performance:

Base Period: 05/01/2026 – 09/30/2026

Option Period 1: 10/01/2026 – 10/31/2026

Option Period 2: 11/01/2026 – 11/30/2026

Attachments:

Attachment 1 – Performance Requirements Summary (Rev1) 4.17.2026

Attachment 2 – PTD Exercise Equipment Sunflower Inventory

Attachment 3 – Service Contract Act WD # 2015-4477 Rev. No 33, dated 12/03/2025

Special Contract Requirements

1. Directives, Regulations, And Instructions

The Contractor, its personnel, subcontractors, their personnel, and representatives must become acquainted with and fully comply at all times with the Federal Law Enforcement Training Centers (FLETC) Regulations, Directives, and Instructions. Any individual must 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.

2. Operating On The Facility

2.1. Safety

The Contractor must 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 must conform to all safety rules and requirements in effect on the award date of this contract and must 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 must 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.

2.2. Accident Reports

Within 24 hours of occurrence, the Contractor must prepare a report of all job-related accidents and injuries occurring on FLETC property. The Contractor must deliver the report to the Contracting Officer Representative (COR). The Contractor must 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 (Attachment #15).

2.3. Occupational Hazards

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

2.4. Fire Prevention

Contract personnel must report fires immediately upon detection.

Glynco Security

a. Dispatch x 2911

b. (912) 267-2911

The Contractor must 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 must obtain Government approval, label the containers with the fire hazard potential of the materials and store the containers in fire-rated locking metal cabinets.

2.5. Traffic Regulations

Contractor and subcontractor personnel operating motor vehicles on FLETC must 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 must be reduced to 15 mph. Traffic laws are enforced on the Center and violations must be assessed penalty points, which can result in revocation of driving privileges on Center.

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 FLETC.

2.7. Supervision of Contractor Personnel

The Contractor's personnel must 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 must remain the sole responsibility of the Contractor.

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 must be affected by the Local Rescue Squad or Security Vehicle as determined necessary by attending medical authorities. The Contractor must 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 must be incurred and borne by the Contractor as non-reimbursable by the Government.

4. Subcontracting

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

5. Order Of Work

The Contractor must 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 must submit all work schedules for approval by the COR. The Contractor must adhere to the established schedules.

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 must fully cooperate with the other contractors and with Government employees and must 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 must not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

7. Disruption Of Contractor Work Schedule

The Contractor must 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.

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 must 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.

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).

10. Conservation

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

11. Labor Relations

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

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

The Contractor must provide a complete list of biobased products purchased to carry out the contract requirements. The list must 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 must be organized into the following three categories:

Biobased products, Green products and all other products. The Contractor must list volume to be used and total cost for each individual product in each category.

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.

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 must 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 must not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

15. Contractor Vehicles

All Contractor vehicles operated on Government property must 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 must be removed from the job site immediately. Each vehicle operated by the Contractor under this contract must, at all times, display a valid state license plate and safety inspection sticker, if applicable.

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

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

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

16. Permits

The Contractor must 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 must be provided to the CO upon request.

The Contractor must 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.

17. Environmental Protection

The Contractor must comply with all applicable environmental protection requirements including all Federal, State and local laws and regulations. All environmental protection matters must 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 must reimburse the Government for that portion of the fine and associated costs for which the Contractor is responsible.

18. Access To Buildings

It must 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 must be responsible for safeguarding all Government property and securing facilities, equipment, and materials at the end of each work period.

19. Key Control

Keys to include keyless entry cards or other similar control devices will be issued to the Contractor as appropriate. The Contractor must receive, service, and account for all keys issued for use in the performance of this contract. The Contractor must 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 must become a part of the quality control plan. The Contractor's plan must 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, must duplicate or fabricate any Government key in its custody. Should replacement keys be required, the Contractor must submit a WRITTEN

REQUEST to the COR. The Contractor must 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 must control access to all Government provided lock combinations to preclude unauthorized entry. The Contractor must 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 must 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 must be replaced and replacement cost borne by the Contractor.

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

They must 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 must not be left unattended during the service process and must be re-locked by Contractor personnel after completion of their service duties.

20. Disclosure Of Information

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.

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.

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 must be under the supervision of the Contractor or the Contractor’s responsible employees.

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, must be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

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.

22. Advertising of Award

The Contractor must 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.

23. Damage Reports

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

24. Property Damage and Personal Injuries

The Contractor must 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 must 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 must 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 must 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.

25. Indemnity And Liability

The Contractor must 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 must 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 must 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.

26. Contractor Liability For Acts Of God

The Contractor must 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 must 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 must hold the Contractor liable for those damages and associated costs.

27. Insurance

The Contractor must 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 must certify to the CO in writing that the required insurance has been obtained. Within 10 days after the award of this contract, the Contractor must 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:

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

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

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

The general liability policy must 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 must 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.

28. Holidays (Updated PRO 2021)

a. The Government recognizes the following holidays:

Date Holiday

January 01 * New Year’s Day

Third Monday of January Birthday of Martin Luther King, Jr.

Third Monday of February ** Washington’s Birthday

Last Monday of May Memorial Day

June 19 Juneteenth

July 04 Independence Day

First Monday of September Labor Day

Second Monday of October Columbus Day

November 11 * Veterans Day

Fourth Thursday of November Thanksgiving Day

December 25 * Christmas Day

*If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal

Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

**This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

b. The Federal holidays listed above are holidays granted to Federal employees. The Contractor must refer to the individual wage determination (Technical Exhibit 11) for actual holidays to be allowed for contractor employees. In the event that any of these holidays occur on a Saturday or Sunday, they must 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 must NOT receive premium rates for any special declared holiday for Federal employees (e.g., National Day of Mourning for death of a former president).

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.

29. Hours Of Operation

Normal work hours are from 7:30 a.m. through 4:30 p.m., Monday through Friday unless otherwise defined in individual specification sections.

Notwithstanding the provisions of FAR clause 52.222-4, Contract Work Hours and Safety Standards Act – Overtime Compensation, work will NOT be permitted outside normal work hours, on Saturdays, Sundays, or federal holidays unless coordinated and approved by the Government Project Manager and Contracting Officer in advance. A request to work outside normal work hours must be submitted a minimum of two (2) working days in advance of the date on which such work is anticipated. The exclusion of work on Saturdays, Sundays, and holidays has been considered in computing the performance time of this contract.

30. Physical And Personnel Security Requirements (Updated October 2019 OSPR)

30.1. General Requirements

a. Contractor and subcontractor personnel in the performance of this contract or any representative of the Contractor entering the FLETC must abide by all FLETC security regulations which may be in effect during the contract period. Any such individual(s) must 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 must 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 must complete the most current versions of FLETC FTC-SEM-17 Badge Application Request form, DHS Form 11000-25 Contractor Fitness/Screening Request Form, U.S Citizen and Immigration Services (USCIS) Employment Eligibility Verification I-9, Office of Personnel Management (OPM) Declaration for Federal Employment form OF-306, DHS Non-Disclosure 11000-6, and Federal Bureau of Investigation (FBI) Fingerprint Card FD-258 in order to undergo a suitability background investigation which will be either a fingerprint check, a National Agency Check with Written Inquiries (Tier 1) or a Minimum Background Investigation (Tier 2).

1) If a Tier 2 or Tier 1 investigation is required, Contractor and subcontractor personnel will be required to complete a Standard Form 85, Questionnaire for Non-Sensitive Positions, or SF 85P , Questionnaire for Public Trust Positions. An SF 85 is required to be filled out for a Tier 1. A Tier 1 is performed on Contractor and subcontractor personnel who are considered low risk. An SF 85P is required to be filled out for a Tier 2. A Tier 2 is normally conducted for Contractor and subcontractor personnel who are in a moderate risk position or have access to Sensitive but Unclassified (SBU) information in all its forms and markings. Individuals in this category include, but are not limited to, those working as educational aides, Role Players, FLETC Security Police, firearms personnel, explosives handlers, and Information Technology (IT) specialists. In addition, the Contractor should ensure that they have completed an E-Verify search for all Foreign National (FN) Contractor and subcontractor personnel.

2) For a cleared contract, the security background check will be conducted on the Contractor (facility) and Contractor and subcontractor personnel by the Defense Industrial Security Clearance Office (DISCO).

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 must 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 must 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 must be borne entirely by the Contractor. Denial of access for Contractor or subcontractor personnel to the FLETC by the CSO must 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.

30.2. 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 must manage the submission of personnel requests for background investigations and must 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 must:

a) Furnish to prospective Contractor and subcontractor personnel under this contract the necessary forms to be completed to request access to the FLETC (Form I-9, DHS Non- Disclosure, OF 306, and DHS Form 11000-25).

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 at moderate risk and require a Tier 2 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 http://www.uscis.gov/USCIS/Verification/E-Verify/Publications/Guides/guide-enrollment.pdf http://www.uscis.gov/USCIS/Verification/E-Verify/Publications/Guides/guide-enrollment.pdf https://e-verify.uscis.gov/emp/vislogin.aspx 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 using information provided on the form 11000-25.

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 SF 85/85P must be completed and electronically released to OSPR/PER. OSPR/PER will then release the SF 85/85P 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 must:

i) Provide to the CO a Form I-9, OF 306, DHS Non-Disclosure, and DHS Form 11000-

25 for all identified Contractor and subcontractor personnel. 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:

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

B. One other form of identification specified on Form I-9. Upon verifying the

Contractor and subcontractor personnel's identity, Contractor and subcontractor personnel must provide fingerprints and a photograph.

C. 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.

D. 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…