Section H_LCS08R0001.doc

Federal Law Enforcement Training Center Charleston SC

HSFLCS08R0001

Amendment #0002

SECTION H - SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

No.

Title

Page No.

H.1 TYPE OF CONTRACT…......................................................................................……..

H-2 H.2

TECHNICAL DIRECTION

H-2 H.3

DISASTER PREPAREDNESS PLAN

H-3 H.4 LABOR RELATIONS................................................................................................... H-3 H.5

QUALIFICATIONS OF KEY AND ESSENTIAL PERSONNEL

H-3

H.6 DEPARTMENT OF LABOR WAGE DETERMINATION(S)...................................... H-9 H.7 DRUG TESTING OF CONTRACT EMPLOYEES........................................................ H-9 H.8 CONTRACTOR VEHICLES.......................................................................................... H-11 H.9 GOVERNMENT VEHICLE LIABILITY....................................................................... H-11 H.10

DISCLOSURE OF INFORMATION

H-11 H.11 PERMITS........................................................................................................................ H-12

H.12

CONTRACTOR LIABILITY FOR ACTS OF GOD

H-12 H.13

INDEMNITY AND LIABILITY…………………………………………………….. H-12

H.14

INSURANCE

H-13 H.15

EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS.................H-13

H.16

PHYSICAL SECURITY REQUIREMENTS…………………………………………….H-13

H.17

OPERATIONS ON THE FLETC FACILITY……………………………………………H-17

H.18

GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES….H-19

H.19

CONTRACTOR EMPLOYEE ELIGIBILITY AND EMPLOYEE ROSTER…………H-19

H.20 SERVICE CONTRACT ACT – SUPPLEMENTAL INFORMATION AND REQUIREMENTS………………………………………………………………………….H-21 H.21

CONSERVATION…………………………………………………………………………. H-21

H.22

ACCESS TO BUILDINGS………………………………………………………………… H-21

H.23

KEY CONTROL…………………………………………………………………………… H-21

H.24

ADVERTISING OF AWARD……………………………………………………………… H-22

H.25

CONTINUITY OF SERVICE IMPLEMENTATION…………………………………… H-22

H.26

PHASE IN / PHASE OUT………………………………………………………………….. H-22

H.27

PERFORMANCE BOND……………………………………………………………………H-23

H.28

FIDELITY BOND…………………………………………………………………………… H-23

H.29

SUBCONTRACTING……………………………………………………………………….. H-24

TECHNICAL EXHIBITS

H-2

U.S. DOL WAGE DETERMINATION

H-3

STANDARD FORM 85P – QUESTIONNAIRE FOR PUBLIC TRUST POSITIONS

H-4

FORM I-9 – EMPLOYMENT ELIGIBILITY VERIFICATION

H-5 FORM FTC-SEM-017a – BADGE APPLICATION FORM FOR CONTRACTORS H-6

OSHA FORM 300

H-7

STANDARD FORM 1418 – PERFORMANCE BOND

H.1

TYPE OF CONTRACT

This contract is a combination firm-fixed-price type and Labor Hour/Time and Materials (LH/T&M) type contract.

H.2

TECHNICAL DIRECTION

(a) The COTR appointed by the Contracting Officer will provide technical direction on contract performance. Technical direction includes:

(b) Direction to the Contractor which assists him in accomplishing the Statement of Work.

(c) Comments on and approval of reports or other deliverables.

(d) Technical direction must be within the contract Statement of Work. The COTR does not have the authority to issue technical direction which, (1) institutes additional work outside the scope of the contract; (2) constitutes a change as defined in the “Changes” clause; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract.

H.3

DISASTER PREPAREDNESS PLAN

(a) The Government must plan in advance, how it will meet mission requirements in the event of mobilization, natural disaster, or labor disputes. The Government must be able to react to such events without undue delay. Sudden or unusual events could result in a great impact upon Contractor performance and contract requirements.

(b) In the event of warnings of impending disaster situations such as hurricanes, terrorism, acts of war, severe fire, etc., the Contractor shall provide additional manpower to protect Government property and personnel.

(c) Within fifteen (15) calendar days prior to start of this contract, or as otherwise directed by the Contracting Officer, the Contractor shall submit a contingency plan to the Contracting Officer. This plan shall outline the Contractor's procedures for meeting contract requirements under the following circumstances:

(1) Natural disasters such as hurricanes, major incapacitating storms, floods, and earthquakes.

(2) Labor disputes and strikes.

(3) Mobilization or sudden buildup of students and Government personnel.

(d) The Contractor's contingency plan shall include procedures for maintaining Contractor personnel on site to continue essential services up until any necessary evacuation takes place and for returning necessary personnel to the work site on a prompt basis for any services required to return the facility to operational status. The minimum elements of the contingency plan consist of:

1. Minimum staffing requirements.

2. Designated staff positions for remaining on-site until evacuation.

3. Replacement or supplemental staff to meet emergency requirements.

4. Safeguarding Contractor personnel who remain until evacuation time.

5. Maintaining supply lines, or obtaining emergency supplies.

6. Continuing essential services in the event of equipment damage or disruption of utilities and/or water supply.

7. Maintaining a list of evacuation destinations.

8. Contact information for recall of all essential personnel for post-disaster services.

9. Procedures for rescheduling postponed services.

(e) The Contractor shall initiate these emergency services based on a verbal Notice to Proceed (to be followed in writing within 72 hours) from the Contracting Officer.

H.4

LABOR RELATIONS

The Contractor shall maintain satisfactory labor relations with his employees. Representatives of the Contracting Office will not participate in labor relations matters.

H.5

QUALIFICATIONS OF KEY AND ESSENTIAL PERSONNEL

The Contractor shall assign to this contract, Key and Essential Personnel. It should be noted that all required licenses and certifications must remain current during the life of the contract. See Section I.21, HSAR Clause 3052.215-70, KEY PERSONNEL OR FACILITIES, for assignment of the Contractor’s Key Personnel. Key and Essential Personnel shall have, at a minimum, the following qualifications:

(1) Project Manager.

(a) Four (4) years of college or a Bachelors degree,

(b) Shall possess at least five (5) years of recent (within the past 10 years) responsible experience in the management and supervision of facility operations. It is highly desired that this experience include facilities in adult education resident facilities, facility maintenance, food services, housekeeping and human resources at facilities having the approximate size, characteristics and service mix as our FLETC Complex.

(c) Shall have proficiency in oral and written communications in English.

(d) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(2) Alternate (Assistant) Project Manager.

(a) Four (4) years of college or a Bachelors degree,

(b) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in the management and supervision of adult education resident facilities including facility operations maintenance, food services, housekeeping and human resources at facilities having the approximate size, characteristics and service mix as the FLETC Complex.

(d) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(3) Quality Assurance/Quality Control Manager.

(a) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in the inspection and oversight of facility related work including maintenance, repairs, and preventive maintenance.

(b) Should have demonstrated skills and knowledge in the written documentation of work acceptance, rejection, and noted deficiencies. This includes work performed by the Facilities and Grounds Maintenance staff as well as subcontractors hired by the BOSS Contractor.

(c) Shall possess a demonstrated knowledge of applicable codes and regulatory requirements, including but not limited to, the International Building Code, National Electric Code, National Fire Protection Code, and various Federal, State, and Local code requirements.

(d) Shall have proficiency in oral and written communications in English.

(e) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(4) Environmental/Safety Manager.

(a) Shall possess at least five (5) years of recent (within the past 10 years) responsible experience in field management of Environmental Protection Agency (EPA) and Occupational Safety/Health Administration (OSHA) Regulations.

(b) AHERA Asbestos Inspector training and Hazardous Waste Site Operation training must be completed within six months of acceptance of position.

(c) Should have demonstrated skills and knowledge in implementing environmental/safety programs.

(e) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(5) Facility/Operations Manager.

(a) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in the management and supervision of complex commercial and institutional facilities involving facility operations and maintenance of the approximate size and characteristics of the FLETC Complex.

(b) Should have demonstrated skills and knowledge in planning for and establishing the management and structural organization needed to operate and repair complex mechanical, electrical, and plumbing systems. Specific experience in financial reporting, plant operations, preventative maintenance programs, work scheduling, quality control systems, etc are mandatory.

(d) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(6) Dormitory Manager.

(a) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in the management and supervision of commercial and institutional housekeeping and guest services of the approximate size and characteristics of the FLETC Complex.

(b) Specific experience in setting up and managing a variety of services including laundry, and housekeeping services is mandatory.

(7) Janitorial Services Manager.

(a) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in the management and supervision of commercial and institutional janitorial services of the approximate size and characteristics of the FLETC Complex.

(b) Specific experience in setting up and managing a variety of services including laundry, and housekeeping services is mandatory.

(8) Student Support Service Manager.

(a) Shall possess at least five (5) years of recent (within the past 10 years) responsible experience in the management and supervision of administrative services of the approximate size and characteristics of the FLETC Complex.

(b) Specific experience in managing a variety of student support services including postal services, courier services, roleplayer services, motor pool, warehouse operations, and audio visual/computer lab management is mandatory.

(d) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

(9) Food Services Manager.

(a) Shall possess at least five (5) years of experience (within the past 10 years) supervising personnel and working in the food services profession and

(b) Experience in managing, planning, setting up, outfitting, and budgeting food services is mandatory.

(c) Shall have a valid Food Service Handling Certificate, which is to remain current through the life of the contract.

(10) Grounds Maintenance Supervisor.

(a) Shall possess, at a minimum, an Associates Degree in Horticulture Technology, Landscape Architecture, Floriculture or Aboriculture.

(b) Shall possess at least three (3) years of recent (within the past 10 years) responsible experience in field management of commercial/industrial grounds maintenance of the approximate size of FLETC Charleston.

(c) Shall possess specific experience in scheduling and supervising a grounds workforce, as well as long term planning to prevent plant health and maintenance issues for acreage the approximate size of the FLETC Charleston facility.

(d) Shall demonstrate professional skills and knowledge in planning for and establishing the structural organization needed to maintain grounds as described in Section C.

(e) Shall have professional knowledge of turf, plants, plant bedding, soil, tree maintenance, pruning, removal, fertilizer application, weed control, and other landscape issues.

(f) Shall have proficiency in oral and written communications in English.

The following positions, although not necessarily considered key personnel, do require special qualifications. Therefore, the successful contractor will be required to submit a current signed resume to the Contracting Officer for approval prior to any individual occupying these positions.

Transportation Manager.

(a) Shall possess at least three (3) years of responsible experience (within the past 10 years) in the management and supervision of transportation services of the approximate size of the FLETC Charleston facility.

(b) At least one (1) year of specific experience in managing transportation type services.

(d) Shall have basic computer skills to include the ability to input data into the system and generate various reports and correspondence as required.

Head/Executive Chef.

(a) The Head Chef shall be experienced at the level of an Executive Chef and be so certified or have comparable food service education/training, and have at least three years experience (within the last five years) providing executive level dining,

(b) The Chef must be experienced in nutrition, as well as food preparation.

Recreation Specialist.

(a) Shall possess, at a minimum, a two (2) year degree from an accredited college or university in Physical Education/Recreation, or a related field.

(b) A minimum of two (2) years experience planning, coordinating, and operation of recreational and tournament-type programs in various indoor and outdoor sports activities for a wide range of participants (i.e. age, socio-economic background, and recreation interests and skills). Experience should include knowledge of rules and regulations, judging, rules enforcement, award ceremonies, etc.

(c) American Red Cross certified in first aid and CPR (both must remain current for the life of the contract).

Facility Planner and Estimator. The Facility Planner and Estimator shall possess a minimum of three (3) years experience in the planning and estimating of facility related maintenance and repairs utilizing various estimating guides (such as RS Means or Engineered Time Values) and shall have proficiency in oral and written communications in English.

Pool Operator. Pool operator must have the qualifications and training to operate a public swimming pool and have a valid Pool Operator’s Certificate issued by the Department of Labor Licensing and Regulation of the State of South Carolina. Certificates and Licenses shall remain current during the life of the contract. This certification must be presented to the Contracting Officer and COTR at each yearly recertification. Pool Operators shall have proficiency in oral and written communications in English.

AudioVisual Technician. Employee must have an understanding of equipment and operating techniques related to supplies, speakers, microphones, cameras, VCR’s, VHS, DVD, Polaroid, films, electronic flash systems and various other video equipment to include closed circuit television, monitors and projectors and shall have proficiency in oral and written communications in English.

Computer Lab Technician. Employee must have a working knowledge of basic word processing and spreadsheet programs and be sufficiently experienced to troubleshoot 90 workstations and 7 printers and shall have proficiency in oral and written communications in English.

Applications Database Manager (ADBM)/IT Technician. Employee must have a basic knowledge of hazardous substances and materials to support the operations of HSMS. The ADBM should have sufficient experience and be proficient in data and IT troubleshooting and analysis; installation and trouble-shooting for software upgrades; creating reports, HSMS user data access management; Windows XP Pro system administration at the workstation level; and setup of new HSMS client application software. Employee shall be proficient in oral and written communications in English.

Senior A/C Technician.

(a) Must have the qualifications and training to provide operation, maintenance, repair, and installation of variety of air conditioning and refrigeration units to include water and air cooled chillers up to 300 ton capacity, along with system auxiliary equipment such as air handlers, circulating pumps, and temperature regulating valves.

(b) Shall be proficient in the operation, diagnostics, and programming of system controllers such as Trane Tracer Summit and other programmable control modules. Ninety percent (90%) of the installed air conditioning equipment at FLETC Charleston is manufactured by the Trane Co. This coupled with the complexity of programmable controls and software requires this person to have had certified training by this manufacturer. These qualifications shall be submitted to the Contracting Officer.

(c) Shall possess a current ASHRA Refrigerant Certification.

Senior Boiler Technician.

(a) Shall be capable of operating, repairing, and maintaining boilers and their associated auxiliary equipment such as feedwater systems, condensate systems, water softeners, hot water storage tanks, and low/high water automatic shut-off switches.

(b) Shall coordinate with boiler tenders all operation, chemical treatment, blow-down, maintenance and repairs to the boiler systems.

(c) Shall oversee the equipment log books for boilers and cooling towers, to include daily operating and chemical treatment data.

(d) It is mandatory for this person to be knowledgeable in all aspects of boiler safety controls with regard to potential fire and/or explosion hazards.

(e) Shall have proficiency in oral and written communications in English.

The following positions, although not necessarily considered key or essential personnel, do require special qualifications as follows:

Supervisory Employees.

(a) All supervisory personnel (other than Supervisors/Managers that are listed separately) shall possess at least three (3) years of recent (within the past 5 years) experience in supervising personnel and demonstrated responsible and successful work experience in their areas of specialty and

(b) Experience in adult education resident facilities and with dormitory services is highly desirable.

Registration/Dormitory Clerk. Must possess a high school diploma or equivalent and have two years of experience demonstrating: (1) An ability to meet and deal with the general public, (2) Can read, write, understand and clearly speak English and understand detailed orders, instructions and training materials (3) An ability to maintain poise and self control under stress (4) An ability to construct and write clear, concise, accurate and detailed reports and (5) have two years of relevant experience in a like employment (6) shall not have a criminal record and (7) possess a valid up-to-date Red Cross First Aid and CPR fibulator training certificates (8) the ability to type 40 words per minute with 95 percent accuracy and (9) the ability to operate a computer terminal.

HVAC Mechanic. Under the direction of the Senior A/C Technician, shall perform maintenance, repair, installation and operation of air conditioning and refrigeration equipment. Mechanic must also possess a current ASHRA Refrigerant Certification.

Boiler Operator/Tender. Under the direction of the Senior Boiler Technician, shall be capable of providing operation, maintenance, and repair of steam and hot water boilers with a capacity of 10.5 MMBTU/HR. Must possess experience in boiler operation and be knowledgeable in steam boiler safety devices such as main steam safeties, low and high water shutdown switches, and applicable safety codes. This person must be knowledgeable in analyzing and application of chemical treatment for boiler feedwater and air conditioning cooling towers.

Maintenance Workers.

(a) Work requires a basic practical knowledge of several maintenance trades in order to perform most of the following: Keeping in good repair building woodwork; replacing electrical switches, fixtures, and motors; occasional painting or touching up of structure or equipment; repairing or replacing plumbing fixtures; and replacing broken window panes, conduct preventive maintenance of building systems.

(b) All trades as listed in the U. S. Department of Labor's Wage and Hour Determination (See Section J) must be licensed (journeyman level) by the County local authority in those trades, crafts or professions which require licensing by such jurisdiction and

(c) All maintenance workers shall possess at least two years of recent experience (within the past five years) in operating and maintaining building equipment and systems for buildings of the approximate size and characteristics of the building(s) to be operated and maintained under this contract.

Mechanics.

(a) Licensing requirements of state and/or other authorities, as they apply to the private sector, shall also apply to all personnel engaged in activities covered in the contract. All contract personnel employed in those trades, crafts, or professions, which require licensing, shall be fully licensed prior to engaging in any contract activities specified herein. The license must be of a grade or other level consistent with the requirement of work being performed and/or established by the state and/or other authority. A copy of each license for each employee will be furnished to the Contracting Officer no later than the commencement of performance of the contract.

(b) In the absence of any licensing requirements by state and/or local authorities, mechanical and electrical expertise for personnel or sub-contractors involved in the performance of this contract must be certified, in writing, to the Contracting Officer. Approval from the Contracting Officer must be received before the employees are allowed to work on the contract. This includes persons employed by the previous contractor/subcontractors. Performing under the provisions of a previous contract does not preclude an employee from completing the certification requirements, nor does it necessarily qualify him/her for work under this contract.

Assistant Chefs. Assistant Chefs have at least three (3) year’s experience (within the last five years) providing food preparation in an executive level-dining atmosphere.

Drivers.

(a) All drivers shall have a valid South Carolina driver's license, and for positions or duties requiring such, a valid South Carolina commercial driver’s license (CDL), and be approved by appropriate Federal, State, and municipal laws, codes, and regulations in connection with operating a transportation service and

(b) All drivers must comply with all driver qualifications as directed by Part 391, Federal Motor Carrier Safety Regulations.

Transportation/Courier. The transportation/courier positions must be filled with persons that have or can obtain a qualified chauffeur’s license approved by appropriate federal, state and municipal officials and in accordance with all applicable laws.

Fleet Manager/Range Master - Driver Training.

(a) Must have two years experience in automobile repairs (but not required to be a licensed mechanic),

(b) Ability to conduct safety inspections (including test-driving training vehicles to insure repairs are proper and complete

(c) Ability to perform immediate preventative maintenance (to include fluid/tire/wind shield wiper replacement)

(d) Ability to perform such technical duties as emergency first aid, auto fire suppression, and rescue and

(e) Possess a valid South Carolina operator’s license.

(f) Shall have proficiency in oral and written communications in English.

(g) Possess a valid South Carolina State Class B Commercial Driver’s License with air brake endorsement. This position will also be required to complete and maintain the required Tow Truck Operator Training.

Range Master - Firearms.

(a) At least two years of weapons maintenance and small arms repair experience,

(b) Experience in range operations (military, ordnance, or police), and

(c) Graduate of a recognized agency Gun Smith/Armorer or Rangemaster school for law enforcement, (i.e., National Rifle Association, military service school, federal service school, etc). Experience may be substituted with prior approval from the Contracting Officer.

Note: Any staff that supports the range master must have, at a minimum, a working knowledge of weapons, ammunition inventory control and range management.

Uniform Issue. The individual in this position must be sensitive to the accountable nature of the job and ensure that accurate reliable and current records are maintained. The individual must be well organized and have held a position of accountability in the past five (5) years and shall have proficiency in oral and written communications in English.

Roleplayers.

(a) Roleplayers cannot rely on an inflexible script as an actor does; they must thoroughly understand the objectives of each situation and the roles they are playing. Therefore, each roleplayer must be able to adjust to a variety of outcomes and to react in the manner most appropriate to the way a situation develops,

(b) A sufficient number of roleplayers must be fluent in both Spanish and English languages to accommodate the specific role requirements of the scenario; and

(c) Contract employees shall be qualified to operate a Government-furnished vehicle, if the need arises during a practical training exercise, both on and off the Government facility.

Exterminators.

(a) Individuals who perform extermination service shall be professionally licensed insect and rodent eradicators,

(b) All pest control companies and their employees shall be licensed and certified in accordance with the requirements of the South Carolina Department of Agriculture, Bureau of Pesticides,

c) If exterminator services are subcontracted, a copy of that contract shall be provided to the Contracting Officer.

Pesticide Control Personnel (Certified and Uncertified).

(a) Certified. Contractor shall be licensed by the applicable State agency to provide vegetation control in the categories specified in this contract and

(b) Uncertified Personnel. Uncertified personnel who apply pesticides, may only apply these products under the supervision of a certified, responsible individual and in accordance with Federal, State, local and activity laws and requirements. Uncertified personnel shall have been employed in weed control for a minimum of 30 days and have received training in: Selection, application, and evaluation of appropriate control procedures; Safe and effective application techniques, and the calibration and use of all required equipment; Handling, storage, and transfer of pesticide materials as required; Reading, interpreting, and following herbicide label instructions; Use and maintenance of all required safety equipment; consequences of preparing a herbicide to be given or sold to an individual other than an authorized employee of the Contractor or regulatory official; Procedure for handling herbicide spills, including reporting procedures and security of vehicles and equipment.

Lifeguards. Must be 18 years of age or older and must possess a current American Red Cross, YMCA, or equivalent Lifeguard Certificate, First Aid Certificate and CPR Certificate. All certifications must remain current during the life of the contract and must be presented to the Contracting Officer and COTR prior to employment.

Word Processor I. At least one (1) year specialized experience in data entry, word processing, data base management, spreadsheets, reports, or other similar office automation application software. The employee shall have communication skills and knowledge of the use of various types of computer software applications as well as maintain a typing proficiency of at least 40 words per minute.

H.6

DEPARTMENT OF LABOR WAGE DETERMINATION(S)

(a) In the performance of this contract, the Contractor shall comply with the requirements of U. S. Department of Labor Wage Determination Number 2005-2473, Rev. No. 6 dated 29 May 2008 (See Section J, Exhibit H-2). Clauses entitled “Service Contract Act of 1965, as Amended” and “Statement of Equivalent Rates for Federal Hires,” located in Section I, are applicable.

(b) Prior to exercising the option to extend the term of a contract, the Contracting Officer shall, in accordance with the Fair Labor Standards Act and Service Contract Act - Price Adjustment, request a current Wage and Labor Determination from the Department of Labor. The clauses prescribed in FAR 22.1006(c)(1) cover situations in which revised minimum wage rates are applied to contracts by operation of law, or by revision of a wage determination. The Contracting Officer shall ensure that contract prices or contract unit price labor rates are adjusted only to the extent that a contractor’s increases or decreases in applicable wages and fringe benefits are made to comply with the requirements set forth in FAR clause 52.222-43 subparagraphs (c) (1), (2) and (3).

H.7

DRUG TESTING OF CONTRACT EMPLOYEES

(a) This section applies to all contractor personnel.

(1) Definitions:

a. Controlled substance - Means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulations at 21 C.F.R. 1308.11 - 1308.15.

b. Employee Assistance Program – A drug assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

c. Contractor's Drug-Free Workplace Plan (Plan) - The Contractor's Plan for testing employee urine for the presence of controlled substances, identifying drug abusers, providing a drug rehabilitation program for those employees identified as drug abusers, and eliminating drug users from positions that involve health, safety, and security.

(2) Contract employee testing under the Plan.

a. Prior to assignment of work under this contract, each contract employee shall undergo an initial drug screening and shall subsequently be subject to random and other testing in accordance with the Contractor's Drug-Free Workplace Plan, which shall be based upon FLETC's Drug-Free Workplace Plan, FD 67-92.D.

b. Random testing shall be conducted on at least 5 percent of the employees, four (4) times a year. Testing shall be conducted for the following controlled substances: marijuana, cocaine, opiates, amphetamines, and phencyclidine.

c. No employee testing positive on the initial drug screen or random test shall be employed or remain employed under this contract.

d. The Contractor shall require all employees to execute the following release:

RELEASE OF DRUG TEST RESULTS

I ____________________ (employee name) hereby agree to the release of test results for illegal drugs, that occur as a result of my participation in the _______________________ (name of contractor) Drug-Free Workplace Plan, to the Immigration and Naturalization Service Satellite Training Facility and_________________ (name of contractor). I understand that a positive test for illegal drugs could result in failure to be employed, drug rehabilitation treatment, or discharge from employment.

(Date)

(Signature of Employee)

The Contractor may substitute its own release, if approved by the Government before implementation. The Contractor shall provide the Government with a copy of a signed release of Drug Tests for each employee. This release shall be incorporated into each applicable employment suitability clearance package.

e. The Contractor shall be responsible for making its employees available for testing and will pay the cost of testing contract employees under the Plan. Additionally, any incidental expenses that occur as a result of the testing shall be at the Contractor's expense. Incidental expenses include such things as loss of productive work hours, transportation, and overtime.

f. The Contractor shall provide for a copy of the test to be sent directly from the testing laboratory to the Contracting Officer.

g. The Contractor shall remove the employee from employment under any position if,

(1) As a result of a contract employee's participation in the Plan, an employee is found to have improperly used a controlled substance,

(2) An employee refuses to participate in a drug test under the Plan,

h. The removal of a contract employee under the terms of this clause shall not entitle the Contractor to any additional compensation, or relieve the Contractor of its responsibilities under the contract.

i. This clause is in addition to the requirements imposed upon the Contractor by FAR 52.223-6, Drug Free Workplace.

H.8

CONTRACTOR VEHICLES

(a) All Contractor vehicles shall be in operable condition and meet all Local, State and Federal safety requirements. Contractor vehicles operated on Government property shall be maintained in good repair. Vehicles shall not be deemed acceptable if any of the following or similar conditions exist: defective tires; missing or badly damaged fenders, lights, windshields, bumpers or signal devices. Vehicular equipment found to be unsafe or unable to function as designed shall be removed from the job site immediately.

(b) At the Post-Award conference, the Contractor must provide the Contracting Officer a list of all Contractor assigned vehicles with a brief description of the vehicle to include: make, year, model, color, and license plate number (if any). Any changes to this list during the performance of the contract must be submitted in writing to the Contracting Officer within five (5) workdays of the change.

(c) Vehicular repairs on the facility shall be limited to those minor in nature. The Contractor shall maintain all vehicular equipment used under this contract in good repair, safe to operate, and in a clean well-painted condition. The cost of maintenance and repair of Contractor-owned vehicles shall be borne by the Contractor.

(d) All vehicles shall be operated in accordance with the city and state traffic regulations.

(e) Each vehicle by the Contractor under this contract shall, at all times, display a valid state license plate and safety inspection sticker, if applicable.

(f) All Contractor vehicles to be used in the conduct of this contract shall be fully insured as per the requirements of the State of South Carolina and per the insurance requirements stated in Section H.17.

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

(h) Exceptions to this requirement may be granted by the Contracting Officer for vehicles that are readily identifiable (i.e., refuse disposal trucks, tractors, etc.) as special use vehicles.

H.9

GOVERNMENT VEHICLE LIABILITY

(a) The Contractor shall ensure that Government vehicles are used solely for duties described in this contract.

(b) The Contractor accepts the liability for operation of Government vehicles by Contractor personnel and shall hold the Government harmless in connection with all claims arising out of accidents involving these vehicles.

H.10

DISCLOSURE OF INFORMATION

(a) Neither the Contractor nor any contract employee(s) shall disclose, or cause to be disseminated, any information concerning the operations of the activity which could result in or increase the likelihood of the possibility of a breach of the FLETC Complex (or its participating agencies) security or interrupt the continuity of its operations.

(b) No Contractor employee(s) or representative shall provide any information related to the FLETC Complex activities to any element of the media without the Contracting Officer's prior permission. This prohibition refers to public relations issues only. All inquiries, comments, or complaints arising from or in connection with the performance of this contract shall be directed to the Contracting Officer, 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 Contracting Officer.

(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 Contractor, 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 employment on the Facility.

H.11

PERMITS

(a) The Contractor shall, without additional expense to the Government, obtain all appointments, licenses and permits required for the prosecution of the work and for compliance with all applicable Federal, state and local laws, regulations, and codes.

(b) The Contractor shall assure that all Contractor personnel who will be driving a vehicle in support of this contract possess a valid state driver's license and evidence of insurance.

H.12

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.

Charleston, South Carolina (Data from Southeast Regional Climate Center) http://www.dnr.state.sc.us/climate/ H.13

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 employees, 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.

NOTE: The Government will in no way be responsible for damage, or loss occasioned by fire, theft, accident, or otherwise, to the Contractor's stored supplies, materials or equipment, or his employees' personal belongings.

(c) The Contractor shall indemnify the Government against any and all liability claims, for injury 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 any subcontractor.

H.14

INSURANCE

(a) The Contractor shall procure and maintain adequate insurance at the Contractor's expense during the term of the contract, and any extensions. Before starting work under this contract, the Contractor shall provide to the Contracting Officer evidence of insurance and bonds. The Contractor shall furnish to the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the minimum amounts specified below:

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

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

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

(b) The General liability policy shall name "The United States of America, acting by and through the FLETC Complex" as an additional insured with respect to operations performed under this contract. The contractor shall furnish evidence of a commitment by the Insurance Carrier to notify the Contracting Officer in writing on any material change, expiration, or cancellation of any of the insurance policies or bonds required, not less than 30 days before such change, expiration or cancellation is effective.

H.15

EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS

(a) Any Contractor claim for equitable adjustment under the "Changes" clause, shall be all-inclusive -- i.e., not a partial claim. That claim shall include the total amounts for all adjustments to which that clause entitles the Contractor, including adjustments arising out of delays and disruptions caused by the change. Except as otherwise expressly agreed, the Contractor shall be deemed to have waived (i) any unrequested adjustments to which it otherwise might be entitled under this clause, and (ii) any increase in the amount requested in its claim.

(b) The Contractor shall execute a release, in form and substance satisfactory to the Contracting Officer, as part of the supplemental agreement for the equitable adjustment. That release shall discharge the Government, its officers, agents and employees, from any further claims, including claims arising out of delays or disruptions (or both) caused by the change.

H.16

PHYSICAL SECURITY REQUIREMENTS

(a) General Requirements. Prime Contractors and all personnel employed by the Prime Contractor, including subcontractors, in the performance of this contract, or any representative of the Prime Contractor entering the Federal Law Enforcement Training Center (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 Prime Contractor’s responsibility to ensure that each applicant who is expected to be employed on FLETC facilities or that requires routine access to FLETC facilities shall provide specific information on specific forms in order to undergo a suitability, and when so deemed, a security background investigation as required for access to the FLETC, and in some cases a security clearance.

(b) Deny or Restrict Access. The FLETC reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635.

(1) At the discretion of the Chief Security Officer (CSO), and in accordance with FLETC Manual 71-01, Access Control, (2/25/05) paragraph 7.e., an individual can be denied access to FLETC facilities. Examples of offenses which prevent access to the FLETC Complex include, but are not limited to: (a) any felony convictions in the last 10 years; (b) any habitual violations, (c) violence against a police officer, (d) any conviction for drug sales or trafficking activity, or (e) any crimes of moral turpitude (i.e. crimes involving trust, honesty, or actions commonly considered unacceptable behavior to the general public).

(2) Prime Contractors shall report to the CSO any adverse information coming to their attention concerning their contractor employees during the course of the contract. The report shall include the employee’s name and social security number, along with the adverse information being reported. If this information results in the subsequent termination of the employee’s access to the FLETC Complex, it does not obviate the requirement to submit this report.

(3) Costs, delays and other hardships that result from a contractor employee being denied access to the FLETC Complex shall be borne entirely by the Prime Contractor. Denial of access for any contractor employee 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 FLETC Directive and Manual Number 71-01, Access Control (2/25/05); FLETC Directive Number 71.00B, Identification Badges, Credentials and Shields (1/11/06); and FLETC Directive Number 71-11, Building/Area Security and Access (2/2/06).

(c) Access to FLETC Facilities by Contractor Employees.

(1) Determination of a contractor employee’s physical security access requirements must be coordinated with the Contracting Officer. Contractor employees are subject to specific access requirements as defined herein.

(2) The Prime Contractor shall manage the submission of their employees’ 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. Suitability factors are identified in MD 11055. The contractor shall:

a. Furnish to the prospective contractor employees under this contract the necessary forms to be completed to request access to the FLETC;

b. Review the completed forms for completeness and accuracy; and

c. Submit completed forms to the Contracting Officer for processing.

(3) The Prime Contractor and contractor employees that are to be employed on the FLETC in a national security position as identified by the FLETC Chief Security Officer (CSO) must be cleared contractors who have received their clearance from the Defense Industrial Security Clearing Office (DISCO). Both the Prime Contractor and the Prime contractor’s employees must have clearances issued by the DISCO.

(4) Positions identified by the CSO or FLETC Information System Security Manager (ISSM) as low, high or moderate risk based on the FLETC IT Security/Suitability standards shall:

a. Provide to the contracting officer a Standard Form 85P – Questionnaire for Public Trust Positions as well as a Form I-9, Employment Eligibility Verification, and Badge Application Form for Contractors (Form FTC-SEM-017a) for each identified contractor employee (See Section J, Exhibits H-3 through H-5). All forms must be completed in their entirety. The Prime Contractor must submit the required forms at least ten (10) calendar days in advance of the contractor employee’s earliest proposed access to FLETC IT systems or facilities.

b. Upon notification from the FLETC Security staff, each contractor employee 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) Number 12, Policy for a Common Identification Standard for Federal Employees and Contractors. Verification of the contractor employee’s identity requires the individual to present, in person, (a) a picture identification card issued by either a state of the United States or the United States Federal government and (b) one other form of identification specified on Form I-9. Upon verifying the contractor employee’s identity, the contractor employee shall provide fingerprints and a photograph.

c. Following a favorably adjudicated background investigation, the FLETC will issue an identification badge to the employee that will enable appropriate access to the facility, 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 results of a fingerprint check, the FLETC may elect to approve temporary access to the facility for employees while the rest of the suitability investigation is being completed.

(5) The Prime Contractor, for contractor employees who will require access to the FLETC Complex for more than 3 days, but less than 6 months, shall provide a completed Form FTC-SEM-017a. Sections A and B of the form must be completed in their entirety. FLETC requires that the form shall be submitted to the Contracting Officer a minimum of 5 business days in advance of the contractor employees’ first day of needed access. FLETC shall conduct background checks for access using the information provided.