HSFLCH-15-Q-00017_RadioBPA.pdf

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

Table of Contents Section A – SYNOPSIS/SOLICITATION

Section B – PRICE/COST AND SUPPLIES/SCHEDULE

Section C - STATEMENT OF WORK

Section D –CLAUSES AND PROVISIONS

Section E – SPECIAL CONTRACT REQUIREMENTS

Section F – EVALUATION

Section A – SYNOPSIS/SOLICITATION

The purpose of this solicitation is to establish a Blanket Purchase Agreement for the inspection, maintenance, and installation of 2-way radios and vehicle emergency equipment at the Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC) field location in Cheltenham, Maryland.

The format of this solicitation is in accordance with FAR 12.6. This commercial item acquisition is being performed in accordance with Simplified Acquisition Procedures in FAR 13.

This requirement is set aside 100% for small business.

The associated North American Industry Classification System (NAICS) code is 811213.

System for Award Management (SAM). By submission of a quote, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov.

Contract Type. An establishment of a five-year Blanket Purchase Agreement (BPA) with one (1) offeror is expected. Services shall be proposed as a Firm-Fixed-Price (FFP) per hour of work. The rates shall be fully burdened (inclusive of overhead and profit). Services will be performed on an as-needed basis through the issuance of a Call Order. Receipt of a BPA does not constitute a guaranteed minimum order.

The ceiling for individual call orders will not exceed $50,000. The overall amount of all call orders issued against this BPA shall not exceed $150,000.

Proposals

All questions concerning this solicitation shall be submitted by 4pm EST on Thursday, August 6, 2015, via email to the Contracting Officer, Sandra K. Oliver, at Sandra.Oliver@fletc.dhs.gov.

Offerors shall submit a Technical proposal and a Price proposal as two separate electronic documents.

The Technical proposal shall address the contractor’s technical capability, experience, and at least three (3) past performance references with contact information.

The Price proposal shall contain the contractor’s proposed rate (utilizing Section B) and completed Representations and Certifications. It shall also contained a signed SF-1449.

Proposals shall be submitted electronically via email by 4pm EST, Monday, August 17, 2015, to the Contracting Officer at Sandra.Oliver@fletc.dhs.gov.

https://www.sam.gov/ mailto:Sandra.Oliver@fletc.dhs.gov mailto:Sandra.Oliver@fletc.dhs.gov

Acceptance of a BPA certifies that the firm will comply with FAR 52.222-50 Combating Trafficking in Persons (MAR 2015), by notifying all employees and subcontractors at all levels.

Pricing Schedule for each CLIN is detailed in Section B.

The period of performance of this BPA will be from October 1, 2015 through September 30, 2020.

The solicitation document and incorporated provisions and clause are those in effect through Federal Acquisition Circular (FAC) 2005-83.

Section B – PRICE/COST AND SUPPLIES/SCHEDULE

Item No. Schedule of Supplies/Services Qty Unit Unit Price Amount 0001 Initial Inspection of All Units 1 Hour 0002 Annual Preventive Maintenance:

Motorola Portable 2-way Radio

XTS 3000

1 Hour

0003 Annual Preventive Maintenance:

Motorola Portable 2-way Radio

XTS 2500

1 Hour

0004 Annual Preventive Maintenance:

Motorola Radio Repeater Quantra T5365A

1 Hour

0005 Annual Preventive Maintenance:

Motorola Mobile 2-way Radio

XLT 5000

1 Hour

0006 Annual Preventive Maintenance:

Motorola Mobile 2-way Radio Max Trac

1 Hour

0007 Annual Preventive Maintenance:

Motorola Mobile 2-way Radio Astro

1 Hour

0008 Annual Preventive Maintenance:

Signal Emergency Siren SS700

1 Hour

0009 Annual Preventive Maintenance:

Star Warning Emergency Light Bar

1 Hour

0010 Miscellaneous Equipment Repair and Installation Services

1 Hour

Contractors shall provide an hourly rate for each CLIN listed in the schedule. The rate shall be fully burdened (inclusive of all overhead and profit).

All call orders will be issued on a Firm-Fixed Price (FFP) basis utilizing the hourly rates above. While most preventive maintenance services are expected to be performed annually, annual call orders are not guaranteed.

Individual call orders will not exceed $50,000.

The overall dollar limit of all call orders issued against this BPA over a 5-year period is $150,000.

Section C - STATEMENT OF WORK Maintenance, Repair & Installation of

Training Radios and Vehicle Emergency Equipment

Scope:

This Blanket Purchase Agreement is for the inspection, maintenance, and installation of 2-way radios and vehicle emergency equipment for the Federal Law Enforcement Training Center (FLETC) at Cheltenham, Maryland. All work shall be performed upon the request of the Contracting Officer or his/her authorized representative during the period of performance of this agreement.

Description:

Preventive Maintenance (FFP per unit)

The contractor shall inspect, service, and perform Preventative Maintenance (PM) on the equipment listed below at mutually agreed upon time(s). The inspection shall include, but is not limited to, the following:

Inspect all items to ensure that each is working as per industry specifications.

Verify that radios are programmed and tuned to insure compliance with FCC regulations.

Verify that radio transmitting and receiving signals are within the specifications stated by the manufacturer.

Upon completion of inspection, the contractor shall confer with the Government Point of Contact and shall present a report of inspection, a recommendation for necessary repairs and the estimated cost of parts and labor for those repairs.

With the concurrence a person authorized to place calls against this Blanket Purchase Agreement (BPA), the contractor shall commence with agreed upon repairs the cost of which shall be borne out of the IDIQ Line Item in this contract.

Equipment Make Model Approximate Quantity

Portable 2-way Radio Motorola XTS 3000 100 Portable 2-way Radio Motorola XTS 2500 20 Radio Repeater Motorola Quantra T5365A 2

The following items are installed in Emergency Response Vehicles

Mobile 2-way Radio Motorola XLT 5000 8 Mobile 2-way Radio Motorola Max Trac 4 Mobile 2-way Radio Motorola Astro 5 Emergency Siren Signal SS700 40 Emergency Light Bar Star Warning 20

Emergency Service and Repairs IDIQ

In addition to preventative maintenance, the vendor shall be available to respond to requests for emergency repair of any of the above listed pieces of equipment within 5 business days of receipt of such request. Following inspection of the problem, the contactor shall begin repairs only after consultation with a person authorized to place calls against this BPA and agreement on the work to be performed and associated costs.

Installation and Programming of Equipment IDIQ

The contractor shall provide installation, removal, re-programming and relocation services for new and re-purposed Government furnished mobile, portable, and stationary communications and emergency equipment. Installation services shall include provision by the Contractor of all related hardware and supplies necessary to complete said installation. The contactor shall begin work only after consultation with a person authorized to place calls against this BPA and agreement on the work to be performed and associated costs.

Place of Performance

All maintenance, repair, and installation work shall be performed on-site at the FLETC’s Vehicle Maintenance Facility. Intermittent radio programming services may be performed at the Contractor’s facilities.

Government Furnished Equipment

The contractor will have access to a work bay with lift. However, contractor must provide all required tools, equipment, and supplies. Radios requiring installation will be provided by the government.

Pricing

The contractor shall warrant that the prices to the Government shall be as low as or lower than those charged to his/her most favored customer, in addition to any trade discount for prompt payment.

Period of Performance:

The Blanket Purchase Agreement period of performance shall be from October 1, 2015 through September 30, 2020.

Extent of Obligation:

The Government is obligated only to the extent of authorized purchases actually made under the Blanket Purchase Agreement (BPA).

Individuals Authorized to Purchase Under this BPA:

By letter a list of individuals authorized to purchase under this BPA, identifying by name of individual and organizational component and the dollar limitation per purchase for each individual shall be furnished to the supplier by the Contracting Officer.

Purchase Limitation:

The dollar limitation for each individual purchase under the BPA shall not exceed the amount shown on the letter of delegation of authority without the written approval of the Contracting Officer.

Delivery Tickets:

All services performed under this BPA shall be accompanied by a delivery ticket or sales slip which shall contain the following information

a. Name of Contractor

b. Blanket Purchase Agreement Number

c. Applicable Account Number

d. Date of call

e. Name of person placing call

f. Call Number

g. Itemized list of all services furnished

h. Quantity, unit price, and extension of each item less applicable discounts. (Unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information.)

i. Date of service

Invoices:

A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliverables made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

a. A consolidated payment will be made for each specified period; and

b. The period of any discounts will commence on the final date of the billing period or on the date of receipt of the invoices for all deliveries accepted during the billing period, whichever is later.

c. The Contractor will invoice only for services that have been completed. All invoices shall;

1. Cite the purchase order number

2. Be assigned, and display a unique invoice number

3. Display the applicable account number

4. Display the date

5. Be submitted only once each month for all supplies delivered during that month

6. Be forwarded to the following address:

Federal Law Enforcement Training Center (FLETC) Attn: Kathleen Hatfield, Bldg. 100 9000 Commo Rd.

Cheltenham, MD. 20588-4000 or via email to FLETC-OCHBilling@fletc.dhs.gov (preferred) mailto:FLETC-OCHBilling@fletc.dhs.gov

Section D –CLAUSES AND PROVISIONS

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (JUL 2014) Alternate I (FEB 2000)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

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

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

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

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X__ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Fill in as below:

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

_X__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a single Blanket Purchase Agreement resulting from this solicitation.

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

(SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

____3052.209-72 Organizational Conflicts of Interest.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses.

____3052.203-70 Instructions for Contractor Disclosure of Violations.

____3052.204-70 Security Requirements for Unclassified Information Technology Resources.

_x___3052.204-71 Contractor Employee Access.

____Alternate I

____3052.205-70 Advertisement, Publicizing Awards, and Releases.

____3052.209-73 Limitation on Future Contracting.

____3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG)

____3052.217-92 Inspection and Manner of Doing Work. (USCG)

____3052.217-93 Subcontracts. (USCG)

____3052.217-94 Lay Days. (USCG)

____3052.217-95 Liability and Insurance. (USCG)

____3052.217-96 Title. (USCG)

____3052.217-97 Discharge of Liens. (USCG)

____3052.217-98 Delays. (USCG)

____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

____3052.217-100 Guarantee. (USCG)

____3052.219-70 Small Business Subcontracting Plan Reporting.

____3052.219-71 DHS Mentor Protégé Program.

____3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228-92 Fair Market Value of Aircraft. (USCG)

____3052.228-93 Risk and Indemnities. (USCG)

____3052.236-70 Special Provisions for Work at Operating Airports.

____3052.242-72 Contracting Officer’s Technical Representative.

____3052.247-70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247-71 F.o.B. Origin Only.

____3052.247-72 F.o.B. Destination Only.

(End of clause)

Section E – SPECIAL CONTRACT REQUIREMENTS

1.0 GUIDELINES FOR VISITOR AND CONTRACTOR EMPLOYEE ACCESS TO THE

FEDERAL LAW ENFORCEMENT TRAINING CENTER (FLETC).

a. The nature of the work accomplished at the Federal Law Enforcement Training Center (FLETC) requires a careful screening of all personnel working and visiting within the confines of the property. Federal employees are routinely screened prior to employment. This same process is necessary for anyone with full access to the FLETC.

b. A visitor who has a criminal history, as outlined below, will not be allowed access to the FLETC. Further, contractors shall not assign an employee to work on the FLETC with a criminal history such as:

(1) A felony conviction within the last 10 years.

(2) A misdemeanor, of a serious nature, within the last 5 years*

(3) Multiple misdemeanors within the last 5 years.

(4) An active “habitual offender” classification for any violation of the law**

(5) Criminal history involving drug sales and trafficking, violence against law enforcement officers, disdain of legal authority, violations of moral turpitude (e.g. child brutality, child molestation, rape, wrongful death of another, etc.), or other crimes of violence.

(6) Any history, which would reflect badly on the FLETC in the eyes of the public, or otherwise pose a threat to the safety and security of the FLETC, persons or property.

* The FLETC Security Officer or designee will make the determination of a serious misdemeanor.

** The discontinuance of a “habitual offender” status will not automatically gain the individual access to the FLETC. A period of waiting, designated on a case-by-case basis, will be observed prior to gaining permission to enter the FLETC.

c. Exceptions to this policy may be granted when, in the discretion of the Director, FLETC, they are warranted.

(1) Felony: A crime of a graver or more serious nature than those designed as misdemeanors;

e.g., aggravated assault (felony) as contrasted with simple assault (misdemeanor). Under Federal law, and many State statutes, any of offense punishable by death or imprisonment for a term exceeding one year (18 U.S.C.A.1). Many State penal or criminal codes define felony status crimes and states in turn have various classes of felonies (e.g., Class A, B, C, etc.) with varying sentences for each class.

(2) Misdemeanor: Offenses lower than felonies and generally those punishable by fine or imprisonment in other than a penitentiary. Under Federal law, and most State laws, any offense other than a felony is classified as a misdemeanor (18.U.S.C.A.1). Certain states also have various classes of misdemeanors (e.g. Class A, B, etc.).

2.0 HOLIDAYS

“Federal holidays" to be used to compute labor hours in the solicitation and contract, are:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Any other day designated by Federal statute, Executive Order, or the President’s proclamation.

When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not by itself be cause for an additional period of performance or entitlement of compensation except as set forth within the contract.

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.

The Contractor shall NOT receive premium rates for any special declared holiday for Federal employees (e.g., national day of mourning for death of a former president).

3.0 HOURS OF OPERATION

Hours of operation are Monday through Friday, 7:30am to 5:00pm.

4.0 PHYSICAL AND PERSONNEL SECURITY REQUIREMENTS (JUL 2013)

A. 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-SEM-17 Badge Application Request 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. At the discretion of the Chief Security Officer (CSO), and in accordance with the most current version of FLETC Manual 71-01, Physical Access Control, Paragraph 6, d, (1), (a) an individual can 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 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.

B. Access to FLETC Facilities by Contractor Personnel

a. 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-SEM-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 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

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 identified as: N/A

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

a) The Security and Emergency Management Division (SEM) / Personnel Security Program

(SEM/PER) will initiate Contractor and subcontractor personnel into the e-QIP system using information provided on the FTC-SEM-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 SEM/PER. SEM/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-SEM-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:

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

(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 shall provide fingerprints and a photograph.

c). Once the results of the fingerprints are received by the SEM/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-SEM-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 SEM with full and complete documentation in the below identified time frame(s). Requests must be made on FTC-SEM-17, which can be obtained from the FLETC Registration Buildings/Visitors Centers at all FLETC sites.

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 SEM 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 SEM no less than 30 business days in advance of the first day of access. A copy of the FN¿s 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- SEM-17 that the FN/LPR personnel/applicant has had a favorably adjudicated MBI.

C. 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 SEM Physical Security Program (SEM/PHY). Contractor and subcontractor personnel who have undergone a background investigation conducted by the OPM (NACI or MBI) and successfully adjudicated by the SEM/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 badge/card.

b. Vehicle passes are issued by the FLETC to those who need to operate and or park vehicles on

FLETC property. Vehicle passes will only be issued to Contractor and subcontractor personnel for vehicles maintained in a safe operating condition.