Attachment 1 SF 1449 - 70LCHS26QPFB00034.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70LCHS26QPFB00034

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRNG CTR

2000 BAINBRIDGE AVE

ATTN:

CHARLESTON SC 29405

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

2000 BAINBRIDGE AVE

CHARLESTON SC 29405

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

2000 BAINBRIDGE AVE

CHARLESTON SC 29405

09/11/2026 1100 ED

26SUCHS0400C05-B

Jacqueline Marquez 843-746-3328

70LCHS 100.00

70LCHS

Aubreigh B. Sumner

238160

$19

08/14/2026

FLETC CS

2026 FLETC Operation and Support 70 0509

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

Trafficking in Persons, requirements and

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

confirm subcontractors will accomplish a statement of compliance upon an award.

Period of Performance: 09/15/2026 to

09/15/2027

0001 1 LOBASE - Buildings 61, 46, 26_Roof Repairs and/or

Replacements

- See the applicable Statement of Work and associated attachments for the complete scope of work and technical requirements.

Product/Service Code: Z2JZ

Product/Service Description: REPAIR OR

ALTERATION

OF MISCELLANEOUS BUILDINGS

0002 1 LOBid Option 1-Building 16_Roof Repairs and/or

Replacement

- See the applicable Statement of Work and associated attachments for the complete scope of work and technical requirements.

(Option Line Item)

Anticipated Option Exercise Date

0003 1 LOBid Option 2-Building 286_Roof Repairs and/or

Replacement

- See the applicable Statement of Work and associated attachments for the complete scope of work and technical requirements.

(Option Line Item)

Anticipated Option Exercise Date

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70LCHS26QPFB00034

0004 1 LOBid Option 3-Building 1792_Roof Repairs and/or

Replacement

- See the applicable Statement of Work and associated attachments for the complete scope of work and technical requirements.

(Option Line Item)

Anticipated Option Exercise Date

0005 1 LOBid Option 4-Building 23_Roof Repairs and/or

Replacement

- See the applicable Statement of Work and associated attachments for the complete scope of work and technical requirements.

(Option Line Item)

Anticipated Option Exercise Date

2 - Section 2 4 - Section 4

2 - Section 2

52.202-1 Definitions. (JUN 2020)

52.203-3 Gratuities. (APR 1984)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2024)

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

52.204-7 System for Award Management-Registration. (NOV 2024) (Deviation AUG 2025)

52.204-90 Offeror Identification. (Deviation AUG 2025)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015) (Deviation NOV 2025)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) (Deviation NOV 2025)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (SEP 2023) (Deviation AUG 2025)

52.212-2 Evaluation-Commercial Products and Commercial Services. (NOV 2021) (Deviation AUG 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection approach. Award will be made to the responsible quoter whose quotation is determined technically acceptable and provides the lowest evaluated price.

Factor 1 – Price Price Quotes shall be prepared in accordance with the CLIN structure of Section B of the SF 1449.

It is imperative that the contractor’s proposed price accurately reflect the total cost of all work associated with the SOWs.

The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection approach. Award will be made to the responsible quoter whose quotation is determined technically acceptable and provides the lowest evaluated price. The evaluated price shall be the total price provided to complete the entire project including Bid Options. The Government will begin it’s evaluation with the lowest priced quote. If the lowest priced quote is not deemed technically acceptable, the Government will then move on to the second lowest priced quote, and so forth.

The Government reserves the right to not evaluate any further quotes upon finding one Technically Acceptable.

Factor 2 – Technical Acceptability The Government will evaluate the technical quotation for compliance with the solicitation requirements, including the Statement of Work, drawings, attachments, and submission requirements. Technical quotes will be evaluated on a pass/fail basis.

The total page limit for this portion is 10 pages. Quotes will be 8 ½” x 11” paper except for fold outs used for charts, tables or diagrams which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Typing shall not be less than 12pt font. Excluded from page count: cover page, dividers, Phasing Plan/Scheduling Approach charts, and Teaming Agreements. The technical quote shall not include any costs related to the project. Pages exceeding the 10-page limit will be removed from the quotation and excluded from evaluation.

Additionally, use of general or vague statements such as “standard procedures will be used” or “good business practices will be employed” which are not substantiated may result in a fail.

A quotation that receives a fail on any of the Technical Sub Factors will be determined technically unacceptable and will not be considered for award.

At a minimum, the Technical Factor Quote shall address:

Technical Sub Factor 1: Management Approach: This factor encompasses the quoter’s approach regarding the contractor’s plan to recruit and manage subcontractors. The quote will be subjectively evaluated based on the contractor’s demonstration of established and/or proposed relationships with subcontractors, as well as the contractor’s plan to retain or expand these subcontractor relationships throughout the life of the project. Failure to demonstrate this ability will result in a fail.

Technical Sub Factor 2: Phasing Plan/Scheduling Approach: This factor encompasses the quoter’s phasing plan to complete all major scope items within the contract period of performance.

The Government’s intended Period of Performance is 365 days from the issuance of a Notice to Proceed. The quote will be subjectively evaluated based on realism in identification of sequencing and conformance with contract period of performance. A plan which shows an unreasonable amount of activities condensed into one duration and places additional cost or schedule risk on the Government will result in a fail.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.217-4 Evaluation of Options Exercised at Time of Contract Award. (JUN 1988) (Deviation SEP 2025)

52.217-5 Evaluation of Options. (JUL 1990) (Deviation SEP 2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation Effective Date)

(a) Definitions. As used in this clause-

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

52.228-2 Additional Bond Security. (OCT 1997)

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

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

52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)

52.233-2 Service of Protest. (SEP 2006) (Deviation AUG 2025)

52.236-2 Differing Site Conditions. (APR 1984) (Deviation AUG 2025)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) (Deviation AUG 2025)

52.236-5 Material and Workmanship. (APR 1984) (Deviation AUG 2025)

52.236-6 Superintendence by the Contractor. (APR 1984) (Deviation AUG 2025)

52.236-7 Permits and Responsibilities. (NOV 1991) (Deviation AUG 2025)

52.236-8 Other Contracts. (APR 1984) (Deviation AUG 2025)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984) (Deviation AUG 2025)

52.236-10 Operations and Storage Areas. (APR 1984) (Deviation AUG 2025)

52.236-11 Use and Possession Prior to Completion. (APR 1984) (Deviation AUG 2025)

52.236-12 Cleaning Up. (APR 1984) (Deviation AUG 2025)

52.236-13 Accident Prevention. (NOV 1991) (Deviation AUG 2025)

52.236-15 Schedules for Construction Contracts. (APR 1984) (Deviation AUG 2025)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) (Deviation AUG 2025)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation AUG 2025)

52.243-4 Changes. (JUN 2007) (Deviation JUN 2025)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Home | SAM.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

(End of clause)

52.252-5 Authorized Deviations in Provisions. (NOV 2020)

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

(b) The use in this solicitation of any [insert regulation name] (48 CFR chapter [ ]) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

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

(End of clause)

4 - Section 4

52.232-1 Payments. (APR 1984) https://sam.gov/ https://sam.gov/

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

H.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.

H.2 OPERATION ON THE FACILITY (JUL 2013)

H.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.

H.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.

H.2.3 Occupational Hazards

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

H.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.

H.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.

H.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.

H.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.

H.5 ORDER OF WORK

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

H.7 DISRUPTION OF CONTRACTOR WORK SCHEDULE

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

H.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.

H.14 CONDUCT OF PERSONNEL

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

H.15 CONTRACTOR VEHICLES

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, at all times, 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.

H.18 ACCESS TO BUILDINGS

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

H.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.

H.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.

H.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.

H.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.

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

H.25 CONTRACTOR LIABILITY FOR ACTS OF GOD

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

H.29 PHYSICAL AND PERSONNEL SECURITY REQUIREMENTS (OCT 2017)

H.29.1 General Requirements

a. Contractor and subcontractor personnel in the performance of this contract or any representative of the Contractor entering the FLETC shall abide by all FLETC security regulations which may be in effect during the contract period. Any such individual(s) shall be subject to those security inspections which may be deemed necessary by the FLETC to ensure that no security violations occur during the course of the contract. It shall be the Contractor's responsibility to ensure that each applicant who is expected to perform on FLETC facilities or that requires routine access to

FLETC facilities shall complete the most current versions of FLETC FTC-

OSPR-17 Badge Application form, U.S. Customs and Immigration

Service (USCIS) Employment Eligibility Verification I-9, Office of

Personnel Management (OPM) Declaration for Federal Employment form

OF-306, 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 (NACI) or a Minimum Background Investigation (MBI).

1) If an MBI or NACI investigation is required, Contractor and subcontractor personnel will be required to complete a Standard Form 85

(SF 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 NACI. A NACI is performed on Contractor and subcontractor personnel who are considered low risk. An SF 85P is required to be filled out for an MBI. A MBI 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, 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(G), an individual may 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) An active "habitual offender" classification for any violation of the law;

5) Any conviction for drug usage trafficking or involvement in the last two years;

6) Violence against Law Enforcement Officers (LEO);

7) Disdain of legal authority;

8) Violations of moral turpitude (e.g., child brutality, child molestation, rape, wrongful death of another, etc.);

9) Other crimes of violence;

10) An active arrest warrant for any of the aforementioned crimes, and/or;

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

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

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

Directives and Manuals: Number 71-01, Physical Access Control;

Number 71-00B, Identification Badges, Credentials and Shields; and

Number 71-11, Building/Area Security and Access.

H.29.2 Access to FLETC Facilities by Contractor Personnel

Determination of Contractor and subcontractor personnel's physical security access requirements must be coordinated with the CO or COR.

Contractor and subcontractor personnel are subject to specific access requirements as defined herein.

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

Government applies. These screening items include:

a) Public record criminal checks

b) Past Employment History

c) Education

d) Bankruptcies, Liens, Judgments

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

Residence

f) E-Verify name check (foreign born)

g) Google Query

h) Social Network Query

2) Suitability for Contractor Personnel to Perform on the FLETC.

Suitability factors are identified in the most current version of DHS

Instruction Handbook 121-01-007, Suitability and Security Program. The

Contractor shall:

a) Furnish to prospective Contractor and subcontractor personnel under this contract the necessary forms to be completed to request access to the FLETC (Form I-9, OF 306, and FTC-OSPR-17).

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

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

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

http://www.uscis.gov/USCIS/Verification/E-

Verify/Publications/Guides/guide-enrollment.pdf

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

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

iv) Ensure that personnel who are moderate risk and require an MBI 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 defined in Title 5

Code of Federal Regulation (CFR) 732.102.

3) Contractor Personnel Access For More Than Six Months. All

Contractor and subcontractor personnel who are not temporary or intermittent and who work at the FLETC on a regular basis for more than six (6) months will be required to complete an SF 85. For Contractor and subcontractor personnel determined to be in a moderate risk position, the

SF 85P will be required to be completed. Questionnaires must be completed by Contractor and subcontractor personnel utilizing the Office of Personnel Management's (OPM) Electronic Questionnaires for

Investigation Processing (e-QIP) System.

a) Office of Security and Professional Responsibility (OSPR) /

Personnel Security Program (OSPR/PER) will initiate Contractor and subcontractor personnel into the e-QIP system using information provided on the FTC-OSPR-17.

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 OPM for the background investigation.

d) For positions identified by the CSO or FLETC Information System

Security Manager (ISSM) as low, moderate, or high risk for suitability for employment, the Contractor shall:

i) Provide to the CO a Form I-9, OF 306, and Badge Application FTC-

OSPR-17 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:

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

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

iii. Following a favorably adjudicated background investigation, the

FLETC may issue a Personal Identity Verification (PIV) Card to

Contractor and subcontractor personnel that will enable appropriate access to the facility and IT systems. Such access will only be issued in accordance with FLETC Physical Security, Information Security and IT

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

iv. At the discretion of the CSO and following the receipt of favorable

National Agency Check (NAC), the FLETC may elect to approve temporary access to the facility for Contractor and subcontractor personnel while the rest of the suitability investigation is being completed.

If the NAC is not returned in five (5) days from the time that the

OSPR/PER releases the electronic questionnaire to the OPM, the results of a fingerprint check can be used to allow the Contractor and subcontractor personnel to begin working.

4) Contractor Personnel Less Than Six Months, More Than Five Days.

Contractor and subcontractor personnel who will require access to the

FLETC for more than five (5) days, but less than six (6) months, the

Contractor shall provide a completed OF 306, Form I-9 and Badge

Application FTC-OSPR-17 (Sections A and B of FTC-OSPR-17 must be completed in their entirety). For U.S. Citizens, FLETC requires that the

FTC-OSPR-17 shall be submitted to the CO a minimum of 10 business days in advance of Contractor and subcontractor personnel's first day of needed access.

a) FLETC shall conduct background checks for access using the information provided in Sections A and B of FTC-OSPR-17.

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

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

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

iii. Once the results of the fingerprints are received by the OSPR/PER are successfully adjudicated, the Contractor will be allowed to begin work.

5) Contractor Personnel for Five Days or Less. For Contractor and subcontractor personnel who will require access to the FLETC for up to five (5) days, the Contractor shall request temporary or intermittent access utilizing FTC-OSPR-17. Such access is granted at the discretion of the CSO.

6) Employment and Prime Contractor Requirements for Non-U.S.

Citizens. The Contractor will adhere to the following requirements when attempting to employ Non-U.S. Citizens on the FLETC.

a) Employment requests for Foreign Nationals (FN) must be submitted to the OSPR with full and complete documentation in the below identified time frame(s). Requests must be made on FTC-OSPR-17, which can be obtained from the FLETC Registration Buildings/Visitors Centers at all

FLETC sites.

i) NOTE: All FNs seeking to perform at the FLETC MUST present valid identification documents (i.e., Resident Alien card, Permanent Resident card, Passport, Visa, Employment Authorization Card, etc.) at the

Registration Building/Visitor Center. Failure to present required credentials will result in denial of employment eligibility.

b) For FNs who are Lawful Permanent Residents (LPRs) of the United

States, requests must be submitted to the OSPR no less than 10 business days in advance of the first day of access. A copy of the FN's

LPR card must be attached.

c) Requests for permission to work for FNs who are not LPRs, must be submitted to OSPR no less than 30 business days in advance of the first day of access. A copy of the FNs passport (and visa, if applicable) must be attached.

d) The Contractor must notify the responsible CO as to whether they will employ any Non-U.S. Citizen Contractor or subcontractor personnel that fall into positions/areas with possible access to SBU information.

SBU information includes but is not limited to: For Official Use Only

(FOUO) information, Law Enforcement Sensitive (LES) information, and

Sensitive Personally Identifiable Information (Sensitive PII). All new-hire

FN/LPR Contractor and subcontractor personnel/applicants whose new position would fall into assignments with possible access to SBU, will be required to wait until completion of the investigation and adjudication of the contract personnel before being approved for work/access. Such notification will be in writing and will include the name(s) of all of the

Contractor and subcontractor's FN/LPR Contractor and subcontractor personnel subject to these requirements. The document will state that the

Contractor, subcontractor and their personnel are willing to meet the specific criteria outlined below:

i. Confirm in writing that the FN Contractor and subcontractor personnel has been an LPR of the U.S. for two (2) years or more or if non-LPR the Contractor must confirm in writing that FN personnel have a valid Employment Authorization Document, Form I-766.

ii. Confirm in writing that the Contractor believes that the FN

Contractor and subcontractor personnel are not a threat to the U.S. and would properly protect and/or handle the SBU information they will be required to work with or near.

iii. Confirm in writing that the FN Contractor and subcontractor personnel have indicated that they are willing to submit to the OPM-conducted MBI and have agreed to complete the SF 85P, Form I-9, submit a set of fingerprints; and provide any additional information as needed for the conduct of the MBI.

iv. The cost of the investigation and adjudication shall be responsibility of the FN Contractor and subcontractor personnel or the Contractor.

v. FN Contractor and subcontractor personnel who are temporary/intermittent and who have work-related, or may have inadvertent, access to SBU information are required to have a successfully adjudicated MBI prior to beginning work.

vi. Access for those FN/LPR Contractor and subcontractor personnel in these kinds of positions that are not included in the Contractor's request document will be immediately rescinded.

vii. When a FN/LPR contract position applicant is being sponsored by a

FLETC Partner Organization (PO) for a position with access to SBU information, the PO must conduct the required background investigations and the PO sponsor must indicate on the FTC-OSPR-17 that the FN/LPR personnel/applicant has had a favorably adjudicated MBI.

H.29.3 Identification Badges and Vehicle Passes

a. All individuals working on or requesting access to the FLETC must obtain authorization to enter the FLETC through the issuance of an appropriate FLETC identification badge or PIV card. The FLETC badge/card or PIV card are required to be worn visibly on the outside clothing between the neck and waist displaying the photograph side of the identification badge at all times while on the FLETC premises. Lost or stolen identification documents must be immediately reported to the

OSPR Security Management Operations (OSPR/SMO). Contractor and subcontractor personnel who have undergone a background investigation conducted by the OPM (NACI or MBI) and successfully adjudicated by the OSPR/PER will be issued a PIV identification card. All

Contractor and subcontractor personnel who have not undergone a background investigation conducted by the OPM will be issued a FLETC identification proximity badge/card.

b. Vehicle passes are issued by the FLETC to those who need to park in reserved parking areas. Vehicle passes will only be issued to

Contractor and subcontractor personnel for vehicles maintained in a safe operating condition. Those seeking to park or operate vehicles on the FLETC shall provide the following documents to the appropriate FLETC Security Office as directed: Valid Driver's License;

Valid Vehicle Registration Certificate; Proof of Insurance; and FLETC

Identification Badge.

c. A $15.00 replacement charge will be assessed against the

Contractor for each FLETC badge/card or pass that must be replaced for other than excessive wear, name change, or other reason approved by the OSPR. The replacement charge for a PIV card is $25.00. Lost or stolen identification documents shall be considered to be within the control of Contractor and subcontractor personnel. Replacement charges will be assessed and paid by the Contractor prior to the replacement identification badge being issued.

d. If Contractor and subcontractor personnel resign, are terminated, or denied access to the FLETC, voluntarily or otherwise, prior to contract completion, the bearer of the FLETC identification badge or PIV card and vehicle pass shall immediately surrender them to the Contractor. The

Contractor shall return the FLETC identification badge/PIV card vehicle pass, and a reason for the removal from the employee to the OSPR/SMO within three (3) business days of the resignation, termination, or access denial. Failure to return the FLETC identification badge or PIV card will result in the Contractor being charged as proscribed in paragraph c.

above.

H.29.4 Completion of the Contract

a. The Contractor shall be responsible for returning to the OSPR all identification badges and vehicle passes issued under the contract no later than 15 days after the final acceptance of the work by the FLETC.

Final contract payment shall not be authorized until the FLETC has received all identification badges and passes which have been issued under this contract, including those issued to subcontractors. If the

Contractor is unable to return all badges and passes issued, a charge for the missing documents will be assessed against the final payment as per the replacement costs described above.

b. Before final payment is made, the CO in conjunction with the OSPR may review the number of badge applications submitted under this contract.