RFP_32110-22726_SWC_227_Facility_Protection_Services_ProForma.pdf

CONTRACT

BETWEEN THE STATE OF TENNESSEE,

DEPARTMENT OF GENERAL SERVICES

CENTRAL PROCUREMENT OFFICE

AND

CONTRACTOR NAME

This Contract, by and between the State of Tennessee, Department of General Services Central Procurement Office (“State”) and Contractor Legal Entity Name (“Contractor”), is for the provision of Facility Protection Services, as further defined in the "SCOPE." State and Contractor may be referred to individually as a “Party” or collectively as the “Parties” to this Contract.

The Contractor is a/an Individual, For-Profit Corporation, Non-Profit Corporation, Special Purpose Corporation Or Association, Partnership, Joint Venture, Or Limited Liability Company.

Contractor Place of Incorporation or Organization: Location Contractor Edison Registration ID # Number

A. SCOPE:

A.1. The Contractor shall provide all goods or services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract.

A.2. Definitions. For purposes of this Contract, definitions shall be as follows and as set forth in the

Contract:

a. “Contracting Officer” is the individual who serves as the Commissioner’s designee and is an authorized State official who is vested—by statute, policy, or written delegation—with the legal authority to act on behalf of the State in contractual matters.

b. “Contracting Officer’s Technical Representative (COTR)” is a qualified State employee, formally designated in writing by the Contracting Officer, who serves as the technical liaison and monitor for contract performance and compliance elements. They oversee and provide technical direction for this Contract.

c. “General Orders” are official directives governing the conduct, duties, operational procedures, and professional standards for all commissioned officers. General Orders serve as the Agency’s core policy framework, ensuring consistency, accountability, and compliance with applicable laws and regulations.

d. “Post Desk Book” is an official facility-specific reference manual maintained at a law enforcement post. It provides commissioned Facility Protection Officers (FPOs) with comprehensive, standardized guidance for duties performed at that location. The Post Desk Book serves as an operational resource for post-specific procedures, emergency protocols, and administrative requirements.

e. “Post Orders” are written, site-specific directives provided by the State that define the duties, responsibilities, boundaries, and procedures for commissioned FPOs assigned to a particular post or facility. They serve as authoritative instructions for maintaining security, enforcing laws, and responding to routine and emergency situations at that location.

A.3. General Information. The Contractor shall provide FPO services throughout area of operations, as defined by the State, and in accordance with state law.

a. Contractor shall provide and maintain a valid Tennessee Contract Security Company License.

b. Contractor shall provide and maintain all other management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, files and resources necessary to accomplish FPO services as described and required within this Contract and any revisions to Contract.

c. In accordance with Tenn. Code Ann. § 4-3-2019, FPOs support the State’s missions and are typically the first contact for visitors within a State facility. FPOs serve as a vital defense-in-depth measure. Contractor and FPOs must perform their duties in a courteous and professional manner, in full compliance with this Contract.

d. References to United States citizenship and locations include those areas designated as territories and/or commonwealths.

A.4. State Management Regulations and Other Applicable Documents. Contractor shall comply with all regulations and applicable documentation as described below.

a. Contractor shall comply with all State policies containing basic procedures for operation, maintenance, and protection of property. Contractor shall also comply with all regulations and procedures outlined within this Contract.

b. The Post Desk Book, containing complete duty instructions for each post, shall remain on State property. Contractor shall not reproduce, in any manner, any content of a Post Desk Book, unless specifically authorized in writing by Contracting Officer and/or COTR.

c. Contractor shall furnish a separate loose-leaf binder for each post, to maintain Authorized User approved Contractor-related information/policies/directives.

d. Post Desk Book, Post Orders, operational memorandums, directives, or other supplemental information may be identified and marked as: for official use only, and/or law enforcement sensitive, information. Contractor shall safeguard this type of information appropriately and shall not disclose to individuals outside of the Facility Protection Unit.

e. The State shall utilize the appropriate FPO Request Forms (Attachment J – Part 1 FPO Request Form and Attachment J – Part 2 Inter-Agency Journal Voucher) to request FPO(s) to be stationed in a state-owned or state-leased facility.

A.5. Security Manual. The Contractor shall draft a security resource tool, called the Security Manual which shall contain all applicable information that FPOs must read and be familiar with prior to assuming duties under this Contract.

a. The Contractor shall provide an electronic version of the Security Manual to the Contracting Officer and COTR. The Security Manual shall be approved at the discretion of the Contracting Officer and/or COTR prior to the release of the Security Manual to FPOs. The Contractor shall update the Security Manual as needed or as requested by the State.

b. Contractor shall be responsible for photocopying and distributing the Security Manual to FPOs, at no cost to the State.

A.6. Contract Transition. The Contractor shall ensure a smooth and orderly transition between Contractors to assure minimum disruption to services and State activities. This includes phase-in, phase-out for continuity of services, and conferences and meetings as described below:

a. Phase-In

1. Contractor shall announce assumption of services date, distribute business cards, employment applications, brochures, and other company information to current Contract employees, if done so without interfering with assigned duties (e.g., during “off hours” or during breaks or meal periods).

2. Contractor shall not interview, recruit, schedule interviews, or conduct extensive discussions with current Contract employees while they are on duty.

3. Contractor shall provide weekly transition status reports to the Contracting Officer and COTR during transition period to address items specified in the Transition Plan.

b. Phase-Out for Continuity of Services

1. Contractor shall provide a list of current Contract employees with current background packets and certification expiration dates, and employee seniority list, when requested by Contracting Officer and/or COTR.

2. Contractor shall provide personnel records, including but not limited to, training, medical, background information, and security records to incoming-Contractor, at least ninety (90) days prior to expiration of current Contract.

3. Contractor shall have an office located in Davidson County or shall mutually agree with the State upon a suitable location within a reasonable proximity of Davidson County. Contractor shall have physical manned location/facility in each Grand Division (Attachment L) Tenn. Code Ann. § 4-1-201.

c. Conferences and Meetings

1. Contractor shall attend and actively participate in a State-scheduled post award meeting after Contract award, but prior to start of performance. This meeting will encompass an in-depth review of Contract requirements and Contractor’s Transition Plan.

2. During performance of Contract, Contracting Officer, COTR, and Contractor shall meet, at a minimum, quarterly to discuss and resolve relevant Contract issues.

3. Contractor shall prepare written minutes for all meetings and provide written minutes within seven (7) calendar days after meeting date.

4. Should the State not concur with minutes as prepared, the State shall provide a written memorandum identifying areas for clarification and/or disagreement within seven (7) calendar days after receipt of minutes. These memoranda shall be attached to corresponding meeting minutes.

A.7. Plans. Each plan submitted by the Contractor is subject to State’s review, approval, and acceptance. The State reserves the right to request revision(s) to submitted plan(s) if it does not adequately address and/or is not effective in meeting minimum Contract requirements as determined by the State.

a. Transition Plan

1. Contractor shall provide a Transition Plan to Contracting Officer and COTR within seven (7) calendar days after Contract award, and weekly status and progress reports detailing transition. The Contractor shall cooperate with incumbent Contractor(s) to ensure a seamless transition.

2. At a minimum, the Transition Plan shall address:

i. Staffing, with the following subsections:

a. Staffing Levels

b. Process for transitioning predecessor employees (if applicable)

c. Recruitment of new employees

d. Strategy for providing post coverage during breaks and meal periods

e. Reserve Force implementation

f. Emergency Security Service (ESS) implementation

g. Supervisory Plan implementation

h. Key Personnel to include resumes and contact information

i. Roles of management and administrative personnel

j. Organizational chart

ii. Communications, with the following subsections:

a. Methods

b. Protocols

c. Equipment

iii. Inventory & Equipment, with the following subsections:

a. Maintenance

b. Accountability

c. Weapons

d. Ammunition

iv. Detailed Calendar, with the following subsections:

a. Daily and weekly transition events throughout transition period

b. Procurement timeline for equipment and uniforms

v. Status & Progress Reports, with the following subsections:

a. Applications

b. Staffing

c. Permits, Licenses, and Registrations

d. Personnel clearances

e. Transition events

f. Equipment and uniform purchases

b. Training Plan

1. Contractor shall be responsible for providing Contracting Officer and COTR a Training Plan and proposed Training and Qualifications Schedule within ten (10) calendar days after Contract award.

2. At a minimum, the Training Plan shall address:

i. Strategy for meeting training requirements, to include any assumptions made by Contractor for timely scheduling of State-provided training

ii. Proposed Training and Qualifications Schedules

iii. Weapons transition training

iv. Locations (updated when applicable)

v. Coordination with the State

vi. Class staffing levels

vii. Sources of Third-Party training

viii. Sources of training equipment

c. Quality Control Plan

1. Contractor shall provide Contracting Officer and COTR a detailed Quality

Control Plan within fifteen (15) calendar days after Contract award.

2. At minimum, the Quality Control Plan shall address:

i. Type, level, and frequency of Contractor’s quality control actions

ii. Inspection checklists

iii. Reward and incentive programs

iv. Discipline procedures as proposed by Contractor

v. Deficiencies reported to Contracting Officer and COTR

vi. Reports

d. Contingency and Continuity of Operations (COOP) Plan

1. Contractor shall provide Contracting Officer and COTR a detailed COOP Plan within fifteen (15) calendar days after Contract award.

2. COOP Plan shall identify provisions made for acquisition of personnel, resources, and/or supplies, if necessary, for continuity of State-contracted operations, until resumption of normal operations.

3. At minimum, COOP Plan shall address:

i. Identifying and tracking emergencies and pandemics

ii. Tracking impact of emergencies and pandemics on workforce

iii. Compliance with applicable Tennessee Occupational Safety and Health

Administration (TOSHA) regulations

iv. Realignment and augmentation of resources to ensure meeting of contractual requirements to include:

a. Challenges associated with maintaining FPO services during an extended emergency event, such as a pandemic that may occur in repetitious waves

b. Any time lapse associated with initiation of acquisition of necessary personnel, resources, and/or supplies and their actual availability on site

c. Components, processes, and requirements for identification, training, and preparedness of Contractor personnel who are capable of relocating to alternative facilities

d. Prioritization and deployment of a limited or dwindling workforce

e. Educating and protecting of workforce to minimize operational impacts

f. Acquisition, storage, and distribution of personal protective equipment

v. Communication with workforce and State, to include:

a. Any established alert and notification procedures for mobilizing identified

“critical Contractor service personnel”

b. Approach for communicating expectations to employees regarding their roles and responsibilities during an emergency

c. Any associated changes needed to Contractor’s information technology infrastructure to support Contract in an emergency

A.8. Authority and Jurisdiction, Permits, Licenses, and Adherence to Laws. Contractor must obtain, renew, and possess required licenses and permits as specified under this Contract and applicable federal, state, and/or local regulating agencies, including but not limited to the provisions of Tenn.

Code Ann. §§ 62-35-101 et seq.

a. General Requirements

1. Contractor shall not seek State assistance or interference in receipt of legally required licenses and permits.

2. Contractor shall furnish a legible copy of required licenses and permits and provide any revised licenses or permits, (excluding permits and licenses issued to individual Contract employees) to Contracting Officer and COTR, prior to any FPO being commissioned and provide any revised licenses or permits during Contract term.

3. Contractor shall obtain required licenses and permits prior to any FPO being commissioned; not completing these actions could result in adverse actions, including but not limited to, Termination for Convenience or Cause as applicable.

4. Contractor shall maintain valid licenses and permits throughout Contract term;

not completing these actions could result in adverse actions, including but not limited to, Termination for Convenience or Cause as applicable. The State will not compensate officers standing posts with expired licenses or permits.

5. Contracting Officer, COTR, and any Commissioned Members of the Tennessee Highway Patrol (THP) shall have express authority to examine, upon request, all licenses and permits at any time during Contract term.

6. Contractor shall complete, certify, and maintain records (electronic/scanned or paper) that show names and issue dates for each Contract employee having required licenses, permits, training, and certifications.

7. False statements, certification, or falsification of any documents required by this Contract by Contractor or any Contractor employee shall be punishable under all applicable state laws. Under no circumstances, whatsoever, shall the State tolerate falsification of required documents.

8. Contracting Officer and COTR have the authority to remove and replace, at no cost to the State, any FPO assigned to the Contract.

b. State and Local Requirements

1. Contractor shall obtain, possess and maintain state and/or local requirements, except where precluded by local law or ordinance, prior to commencement of work under this Contract. This includes:

i. Business and corporate licenses to operate as a commercial security service.

ii. Official bond(s) and insurance, and payment of any fees or costs involved or related to authorization for arming employees engaged in armed security officer services.

iii. Licenses and permits for employees to be armed and have authority to detain person(s) suspected of committing crimes.

2. Contractor shall adhere to minimum age requirements set forth by Contract, state and/or local laws. If minimum age exceeds Contract minimum age requirement of twenty-one (21) years of age, state and/or local law shall take precedence over Contract requirement.

c. Carriage of Licenses and Permits

1. FPOs shall carry original Commerce and Insurance Armed Security Guard license and commission card on their person while traveling to/from duty station and on duty, when required by local or state law.

2. FPOs who do not have valid Commission Card and Commerce and Insurance Armed Guard Card in their possession or cannot produce one, when requested, shall be removed from post immediately. Contractor shall be notified immediately and a request for remedy shall be initiated. FPO may return to post the following day once valid licenses/permits are produced. Post shall be considered “open” during period of non-compliance.

3. FPOs are authorized to travel to and from duty stations armed, with assigned duty weapon(s), unless prohibited by law.

4. FPOs are required to have forty (40) hours of annual in-service training with a minimum of eight (8) hours firearms requalification. FPOs must complete all training in accordance with Training Guide, Attachment F, and Section A.10. All in service training will be conducted in a classroom environment with a POST and/or Departmental approved instructor at no cost to the state.

d. Licensing Fees

1. Contractor shall pay all costs and fees associated with applying for, receiving and maintaining permits and licenses throughout the Contract, including payment of all costs and fees for Contractor employees who are required by federal, state or local regulating agencies to individually apply for licenses/permits.

2. Where federal, state, or local regulating agencies require Contract employees to individually apply and pay for licenses/permits, Contractor shall reimburse employees for all costs and fees associated with obtaining required licenses/permits.

A.9. Qualifications of Personnel. Contractor shall ensure that all FPOs meet the following requirements:

a. Citizenship, Experience, and Education

1. In accordance with Tenn. Code Ann. § 38-8-106, be a citizen of the United States of America, including U.S. territories and/or commonwealths. Contracting Officer and/or COTR may approve Lawful Permanent Residents who are currently members of U.S. armed services (Reserves or National Guard) or who possess an Honorable Discharge from a U.S. Military component.

2. Have been issued an approved Social Security Card by Social Security Administration.

3. Received, at minimum, either a high school diploma or General Equivalency Diploma from an accredited institution recognized by U.S. Department of Education.

4. Meet at least one (1) of the experience/education levels listed below:

i. Three years of armed security experience within past five years

ii. Three years of military or National Guard (active duty or reserve) with “Honorable Discharge” status, unless granted a waiver in accordance with Section A.9.

iii. Successful completion of a state certified Law Enforcement Education and Training or Police Officer’s Standard Training course

5. Fluently speak, read, comprehend, and compose coherent written reports in English. The State may require FPOs to possess proficiency in a specific language for certain posts and shall indicate this requirement in Post Orders.

6. Follow all local state or Government applicable domestic violence laws.

b. Medical, Psychological, and Physical Qualifications

1. Meet medical, psychological, and physical requirements in accordance with the Peace Officer Standards and Training Commission, Attachment G, and Attachment B, Psychological Evaluation.

2. FPOs shall be physically able to perform all essential job duties, with or without reasonable accommodation. FPOs shall be physically able to perform the tasks and/or functions listed below to the extent job-related and consistent with business necessity.

i. Frequent and prolonged walking, standing, sitting, and stooping, up to twelve

(12) hours per day, either indoors or outdoors, during daytime or nighttime.

Outdoor posts may require an individual to withstand extreme heat, humidity, cold, and/or severe weather (e.g., snow, sleet, rain, hail, wind).

ii. Frequent contact with general public, law enforcement, and dispatch center, requiring an ability to speak clearly and distinctly and remain calm in stressful situations (e.g., confrontations with angry, distraught, disturbed, or violent persons).

iii. Ability to remain on post up to four (4) consecutive hours without sitting, eating, or relieving bladder/bowels.

iv. Ability to remain alert for up to twelve (12) hours, with ability to mentally and physically react quickly to a variety of unexpected and dangerous situations.

Use of senses (sight, hearing, smell, touch) is necessary to discern unusual or dangerous situations.

v. Ability to use post security equipment (metal detectors, X-rays, CCTV);

ability to use handcuffs, baton, and firearm at any time while on duty.

vi. Ability to read post assignments, write reports, and respond to both routine and emergency dispatches/orders.

vii. Ability to subdue violent or potentially violent or disturbed individuals, or intervene in a crisis (e.g., provide emergency First Aid or/resuscitation while waiting for arrival of paramedics or other emergency personnel).

viii. Occasional running, sprinting, lifting heavy weights, moving heavy objects, climbing stairs (e.g., in responding to emergencies, ensuring timely and complete facility evacuations, giving pursuit, etc.).

3. Contractor shall be responsible for encouraging and promoting employees assigned to this Contract to maintain an ongoing and regular program of physical fitness, at no cost to the State.

c. Initial and Recurring Screening for Illegal Drugs

1. FPOs shall submit to urine drug screening as part of initial pre-employment process.

2. Any Contract employee who reports to duty, or at any time while on duty, exhibits behavior indicative of controlled substance use or abuse, will be subjected to immediate removal from their duties by the State, and may be subjected to reasonable suspicion drug and alcohol testing. Reasonable suspicion must be based on articulable facts and circumstances. These facts and circumstances must include, but are not limited to, specific, contemporaneous, articulable observations concerning appearance, behavior, and speech or body odors. Reasonable suspicion drug and alcohol testing shall be conducted at no cost to the State.

3. All urine drug screenings shall be conducted at a qualified clinic and not by the

Contractor.

4. Contracting Officer and/or COTR may request urine drug screenings, in writing, to Contract Manager at any time.

5. Contract Manager shall arrange for test as soon as possible, but no later than three (3) working days.

6. Contract employee(s) identified for State-requested urine drug screenings may continue working under Contract until Contractor receives test results.

7. Contractor shall pay Contract employees the normal hourly rate/salary for time associated with screening at no cost to the State.

8. Contractor shall bear all expenses relating to any urine drug screenings for employee(s).

9. Contractor will perform a random urine drug screening quarterly of ten percent (10%) of the employees working under this Contract at no cost to the State.

10. Contractor shall provide the State of Tennessee Contracting Officer and/or COTR a report stating the number of employees tested, the number of employees who received a positive test result, and the number of employees who received a non‐positive test result. Reports should be received no later than 10th day of January, April, July, and October.

d. Background Requirements and Determination

1. FPOs shall be subjected to a background check conducted by the Tennessee Department of Commerce and Insurance Private Protective Services Division. The successful completion of the background check must be attained before any personnel can work under this Contract.

2. The Contractor shall use the current supplier under State contract to submit electronic fingerprints to the Tennessee Bureau of Investigation (TBI). TBI will perform applicable criminal check and send results to the Tennessee Department of Commerce and Insurance Private Protective Services Division. It will then be determined if the applicant’s background meets the requirements to be issued an armed guard license. Contractor shall incur all costs at no cost to the State for background checks.

3. Contracting Officer and COTR have the right to perform a criminal history check at any time. Contractor shall incur all costs at no cost to the State for background checks unless performed by the Contracting Officer and/or COTR, including all costs associated with submitting electronic fingerprints to meet the terms of this Contract.

4. In addition to submitting electronic fingerprints, all Contractor personnel shall complete the FPO Background Packet (Attachment C). This information will be submitted directly to Contracting Officer and COTR as a part of each employee’s personnel file and may be used to conduct more thorough background review.

5. Contractor shall ensure background packets submitted to the Contracting Officer and COTR are complete, legible, and accurate. The State shall not be responsible for any delays of personnel working under this Contract which occur due to Contractor’s inability to submit complete, accurate, and legible background packets.

6. Contracting Officer and/or COTR will conduct a criminal history check on all Contractor personnel who work under this Contract but are not required to obtain an armed guard license as part of their regular duties.

7. Contractor shall be responsible for renewing employees’ armed guard license prior to expiration. Occasionally, renewal may require an additional background check.

8. Contractor must remove Contract employee(s) upon expiration of armed guard license, until such time license is renewed.

9. Once a prospective Contract employee applies for a position and receives a favorable evaluation by Contractor (i.e., meets the minimum qualification requirements cited in this Contract, including Attachment B Psychological Evaluation, and otherwise meets Contractor’s hiring criteria), Contractor shall submit the required documentation for each Contract employee to Contracting Officer and COTR for final approval.

10. The State may not be able to complete a satisfactory background investigation or criminal history check on individuals not residing in the United States for three (3) of the past five (5) years. In such cases, the State retains the right to deem individual(s) as ineligible due to insufficient background investigation or criminal history check.

11. The State shall have and exercise full and complete control over granting, denying, withholding, or terminating personnel from working within this Contract as the result of background investigations.

12. The State reserves the right to exercise full control over granting, denying, withholding, or terminating unescorted access to a State facility and or sensitive State information access for Contractor employees, based upon results of a background investigation.

13. If the Contracting Officer or COTR informs the Contractor that disqualifying information was discovered during background investigation, Contractor shall immediately remove employee from consideration. Disqualifying information includes but is not limited to:

i. Conviction of a felony, a crime of violence, or a serious misdemeanor that renders the employee unsuitable for the position for which he or she is intended.

ii. Arrest still under investigation for felony, a crime of violence, or a serious misdemeanor that renders the employee unsuitable for the position for which he or she is intended.

iii. Falsification of information entered on completed background packet.

14. Upon favorable determination, an employee is approved to work under this

Contract as long as the Contract is in place, provided that nothing occurs within duration of employment which the State deems a disqualifying circumstance.

The State may consider a waiver from preemployment requirements (on an individual basis and depending on circumstances) for an Entry Level Separation, a General Discharge under Honorable Conditions, or a misdemeanor violation. The State is the sole determinant whether Contractor personnel meet the required qualifications. Contractor shall remove and replace individuals for any reason, at any time, as requested by the State at no cost to the State.

A.10. Training. All training shall be compliant with the requirements set forth in Attachment F – Training Guide.

a. Contractor may proceed with Contractor-provided training at its own risk while awaiting results of background check.

b. Contractor may schedule the required State-provided training, testing, and qualification with the State during waiting period.

c. Contractor shall provide training for primary and any additional weapons as outlined in the State Training Guide – Attachment F.

d. Contractor shall provide each FPO a legible, securely bound copy of their Training Manual at beginning of basic training course.

e. Contractor is responsible for all related costs incurred by FPOs while attending Contract mandated training, test, or examination, to include; expenses for transportation, lodging, and meals, in compliance with Section C.4.

f. During Contractor-provided training, Contractor shall ensure FPOs are not disruptive to others (i.e. repeated lateness, absences, or disrespectful behavior). Such behavior indicates a student may not be suitable for a FPO or supervisory position.

g. During State-provided training, if applicable, Instructors will notify Contractor of disruptive behavior and advise such behavior may result in removal from training.

h. Contractor shall provide sixteen (16) hours of on-the-job training to all new FPOs in a post comparable to post assignment prior to the FPO assuming assignment.

i. Contracting Officer and COTR have discretion to accept or deny proposed exemptions for previous training and/or certifications obtained under another law enforcement entity. Previous training and certification documentation and/or credentials must be valid and meet requirements of this Contract to be considered.

A.11. Documentation Requirements. Contractor shall manage files as described below:

a. Contractor shall be required to submit company and FPO information, including but not limited to personnel files, licenses, permits, and background checks, to the Contracting Officer and COTR in a mutually agreed upon format.

b. Contractor shall complete and certify FPO certifications as directed by Contracting Officer and/or COTR using the State approved spreadsheet.

c. Contractor shall submit FPO certifications via e-mail to Contracting Officer and COTR, as soon as update or recertification paperwork is obtained.

d. The State shall not reimburse Contractor for services rendered by a FPO lacking appropriate licenses, permits, training, and certifications.

e. Contractor shall maintain personnel files for employees who work under this Contract. These files shall reside in Contractor Manager’s office and be made available to State immediately upon request.

f. Contractor must maintain legible, paper or computerized system (electronic/scanned) files containing training, certification, licensing, and permit information required in Contract.

g. Contractor shall maintain files for a minimum of five (5) years after end-of-Contract transition.

h. Contracting Officer, COTR, or authorized State representative approved by Contracting Officer, COTR, or Central Procurement Office shall have express authority to review Contract employee personnel file and/or request documentation which clearly identifies overall status of Contract employees, at any time during Contract period.

i. Contractor shall organize FPO personnel files in the following order:

1. Photograph

2. Background Packet

3. Driver's License/Social Security Card

4. Proof of Education (High School Diploma or GED)

5. Psychological Evaluation

6. Medical Certification

7. Mandatory Pre-Employment Drug Screen

8. Random Drug Screens

9. Cardiopulmonary Resuscitation (CPR)/ First Aid Certifications

10. Contractor-Provided Initial Weapons Training and Qualification

11. Armed Guard License and Renewals

12. Contractor-Provided Baton, OC, Restraint Certifications

13. Contractor-Provided Basic Training

14. Contractor-Provided Refresher Training/In-service

15. State-Provided Departmental Training

16. Emergency Contact Information

17. Contractor-Provided Employee Policy and Procedures/ FPO General Order

Acknowledgment

18. State Weapons Permit/ Renewal Handgun Permit

19. Commissioning/ Decommissioning Documents

20. Copies of Complaints, Investigations, and Disciplinary Actions for all Infractions

21. Copies of Commendations, Awards, and Letters for any Work Performed

22. Time Off Requests

A.12. Orders, Duties, and Services. FPOs shall perform services as prescribed below and within all Attachments; if there are any inconsistencies between documents, the following order of precedence applies:

1) US and State Constitution and Laws

2) Contract

3) General Orders

4) Post Desk Book (Including the Post Orders, State Operating Orders, Standard

Operating Procedures, State Emergency Action Plan, and Contractor Policy Manual)

a. Post Orders

1. FPOs shall perform tasks in accordance with duties outlined in Post Orders (Attachment I Post Order Template). Post Orders shall be drafted in collaboration with the Contracting Officer and/or COTR. However, the State has the sole discretion to review and approve the final draft of Post Orders. However, final approval of Post Orders shall be decided at the Contracting Officer and/or COTR’s sole discretion.

2. FPOs shall not deviate from directions provided by Post Orders, except in emergencies or as directed by Contracting Officer and/or COTR.

3. Contracting Officer or COTR may modify, amend, and/or revise Post Orders to change; shift duties, start and stop times, and post locations, provided change is within scope of Contract and has no impact on Contract cost and does not require modification to task order or Contract.

4. Contracting Officer and COTR are the only authorized State agents that can increase or decrease the amount of equipment and/or supplies required.

5. Contractor may be financially liable for accepting or implementing changes by anyone other than Contracting Officer or COTR; therefore, Contractor shall be responsible for verifying with Contracting Officer and/or COTR whether Contractor should provide any requested changes pending issuance of a Contract or task order modification.

b. Typical Duties

1. FPOs shall perform a variety of security-related duties, depending on type of posts assigned and shall be thoroughly familiar with Post Orders and Post Desk Book of assigned posts.

2. FPOs shall monitor and observe facility occupants and visitors for compliance with State Management Regulations, Facility Management, and facility’s posted rules and regulations.

3. FPOs shall identify, report, delay, or detain persons who violate state law, as appropriate and in accordance with Post Orders.

4. FPOs shall report incidents in accordance with established procedures.

5. Off-going FPOs shall provide a brief summary to on-coming FPOs of recent, continuing, or anticipated events and occurrences for assigned post.

6. FPOs shall be responsible for maintaining logs, reports, and files of incidents and occurrences encountered during tour of duty.

7. FPOs shall perform duties in a professional manner, responsible for observing surrounding environment, and, when necessary, questioning those persons whose activities arouse suspicion.

8. FPOs shall be knowledgeable of location and use of first aid kits, fire extinguishers, Automated External Defibrillators (AEDs), fire alarms, emergency exits, and duress alarms (if any) and ready, willing, and able to use them as necessary and required by State Emergency Action Plan.

9. FPOs shall be familiar with each tenant Agency and location within facility, restrooms, elevators, entrances and exits, retail spaces, and parking areas, and shall provide that information upon inquiry.

10. FPO shall not provide more than twelve (12) hours of combined service on any single or multiple contracts administered by the State, in any twenty-four (24) hour period. Exception to rule: There must be an eight (8) hour non-duty period between work periods or granted an exception by Contracting Officer or COTR.

c. Access Control Posts

1. The purpose of access control is to allow only authorized individuals, vehicles, and items, as defined by facility policy and Post Orders, to pass into controlled areas.

2. If requested by the State, FPOs shall control individuals attempting to gain access to facility by verifying identification.

3. If requested by the State, FPOs shall control vehicular access to a facility by verifying identification.

4. If requested by the State, FPOs shall control delivery access to facility by verifying identification, bill of lading, manifest, and cargo.

d. Visitor Processing Posts

1. FPOs shall process visitors by verifying visitors’ identification, contacting agency sponsors or escorts, fabricating and issuing visitor passes, entering and maintaining data on visitor logs or automated visitor database programs, and ensuring visitors are subject to screening.

e. Screening Posts

1. If requested by the State, FPOs shall operate screening post as directed by Post Orders. Contracting Officer or COTR may also direct the operations of screening post, such as in event of an emergency or elevated security posture.

2. Upon the State’s request, FPOs shall conduct inspections using automated technology; by manual tactile techniques, such as touching and feeling; or by visual surveillance.

3. FPOs will conduct and record performance tests of equipment as directed in Post Orders.

4. If requested by the State, FPOs shall deny admittance to those persons refusing to submit to a voluntary inspection, except for those persons exempted by specific State directive.

f. Patrol & Response Posts

1. FPOs shall conduct patrols in accordance with routes and schedules established in Post Orders or as directed by Contracting Officer or COTR.

2. FPOs shall observe, detect, respond and report any potential or actual security violations.

3. FPOs shall serve as first responder (awareness level) to security alarms and emergencies occurring within area of assignment.

g. Control Center Operations

1. Control Center Operations refers to the centralized command and coordination function responsible for monitoring, directing, and supporting security and law enforcement activities within a designated facility or jurisdiction.

2. FPOs assigned to Control Center Operations posts shall serve as points-of-contact for non-emergency and emergency communications and information, as well as operate and monitor security and safety systems.

h. Traffic Control

1. FPOs shall direct traffic (vehicular and pedestrian), control parking, issue traffic courtesy violation notices, and examine surroundings for suspicious vehicles or persons, when required by Post Orders or direction of Contracting Officer or

COTR.

2. FPOs may identify, delay, and detain suspicious person(s), as necessary to maintain a level of security sufficient to ensure safety and protection of personnel, property, and resources.

i. Receipt, Use and Safeguarding of Keys

1. FPOs will be responsible for receiving and utilizing keys and access control devices (i.e., “key cards,” lock combinations) required for duty.

2. FPOs shall consider keys and access control devices as sensitive assets and safeguard and secure as directed by Post Orders.

3. Keys and access control devices are State property and shall be returned to issuing agency at Contract termination or expiration or when no longer needed for performance of Contract.

4. FPOs shall not remove keys and access control devices from facility premises unless specifically authorized by Contracting Officer or COTR.

5. Contractor shall immediately report missing, lost, unusable, and/or stolen keys or access control devices to Contracting Officer and COTR.

j. Security and Safety Systems

1. FPOs shall monitor and operate facility fire alarm, environmental and intrusion detection systems, closed circuit television systems, automated access control systems, package and personnel screening systems, communications systems, and other protection devices or facility equipment located on or near post, in accordance with Post Orders.

2. When an alarm sounds, FPOs shall immediately report and record an incident as required by Post Orders.

3. FPOs shall not disengage, shut off, remove, reposition, obstruct, or in any way interfere with State video surveillance cameras/systems.

4. FPOs shall immediately notify a supervisor, COTR, and Contracting Officer if any systems under their control malfunction, fail completely, or otherwise need maintenance.

5. FPOs, during emergencies, may have a requirement to perform simple emergency-related functions as prescribed in Post Orders; i.e.

activate/deactivate facility systems, to include heating/ventilation/air conditioning systems; circuit breakers/switches; and plumbing valves/switches.

k. Rules and Regulations Governing Conduct on State Property

1. FPOs shall monitor and observe facility occupants and visitors for compliance with state law and the facility’s posted rules and regulations. FPOs shall also identify, report, delay, or detain those persons who violate state law as appropriate and in accordance with the State Emergency Action Plan.

l. Physical Security, Law, and Order

1. FPOs shall maintain physical security, law and order as prescribed by statute, regulation, and Post Orders.

2. FPOs shall be responsible for detecting, delaying, and/or detaining, persons attempting to gain unauthorized access to State property or otherwise violating laws, rules, and regulations.

m. Hazardous Conditions

1. FPOs shall immediately report, in accordance with State Emergency Action Plan, potentially hazardous conditions and items in need of repair; i.e.

inoperative lights, locks, security hardware, leaky faucets, toilet stoppages, broken/slippery floor surfaces, blocked emergency routes/exits.

2. FPOs shall remain vigilant in order to observe, report, and provide emergency response to a variety of hazards and activate alarms, notify appropriate authorities, and control access to hazardous zones from a remote area or safe distance.

n. Response to Injury or Illness

1. FPOs shall summon assistance in accordance with Post Orders, in case of injury or illness to any person on State property.

o. Additional Duties

1. FPOs shall turn off unnecessary lights, secure safes, repositories, cabinets, windows, doors, gates and other facility access points, and perform any other additional duties as prescribed in Post Orders.

2. FPOs shall not perform duties ordinarily conducted by janitors, facility maintenance staff, delivery persons, receiving officials, or mechanics.

3. FPOs shall not be required or expected to provide any facility systems services, except very basic functions as prescribed in Post Orders.

p. Reports, Records, and Testimony

1. FPOs shall immediately report potential or actual serious incidents to the Contracting Officer and/or COTR before responding, if situation allows. If FPO is unable to report to the Contracting Officer and/or COTR immediately, FPO shall report incident when situation allows. Contracting Officer and/or COTR shall be briefed of any incident in which a FPO is involved.

2. FPOs shall prepare and maintain required reports in accordance with Post Orders.

3. Contractor shall electronically review and approve all Offense and Incident Reports created by any FPO and submit these reports for previous week to Contracting Officer and COTR every Monday by 10:00 a.m. local time or as otherwise directed by Contracting Officer or COTR.

4. FPOs shall coordinate with Contracting Officer and/or COTR when subpoenaed or otherwise ordered to testify in judicial proceedings on behalf of the State; these proceedings take priority over other Contractor-scheduled duties.

i. FPOs required to make a court appearance shall receive remuneration from Contractor at same hourly rate earned while on duty, and in turn, the State shall remunerate Contractor in the event Contractor submits a request for equitable adjustment.

ii. Contractor may submit a request for equitable adjustment for actual hours an FPO spent at court, whether or not FPO testified.

iii. FPOs scheduled to testify on behalf of the State shall wear duty uniform and weapons/firearms.

iv. Contractor shall ensure post is covered if FPO testifying on behalf of the State is scheduled for duty.

q. Civil Disturbances

1. FPOs shall perform other functions, as directed by the Contracting Officer or COTR, at State facilities or grounds which may be necessary during situations, such as civil disturbances or other criminal acts, which could adversely affect security and/or safety of State employees, property, and general public.

r. Emergencies

1. In case of an emergency condition requiring immediate attention, Contractor's on-site supervisor or lead FPO shall take action at direction of or in coordination with Contracting Officer or COTR, to appropriately secure posts in accordance with Post Orders and divert uniformed personnel from their normal assigned duties to meet condition and summon appropriate assistance as required in Emergency Action Plan.

2. Contractor shall immediately notify the Contracting Officer and/or COTR or prime tenant agency, in accordance with Post Orders.

3. There shall be no additional cost charged to the State for diversion, and there shall be no penalty to Contractor for normal daily work not completed and otherwise scheduled. FPOs shall report incidents of this nature in accordance with procedures outlined in Post Desk Book. Upon resolution of situation, Contract employees should return to their assigned posts and duties.

s. Primary Security Responses

1. FPOs may have to act independently as primary security response until law enforcement assistance arrives.

t. FPO Post Arrival & Departure

1. The Contractor will utilize a Contractor-provided Post Tracking System (“PTS”) or State’s Dispatching Logs as an electronic validation of post staffing. FPOs will check-in/out of PTS upon arriving at/departing from a designated post, using an assigned personal identification number and post identification number. The Contractor will assign personal identification numbers after receiving certification and testing data for employee and will provide this documentation to the Contracting Officer and COTR.

2. FPOs providing relief shall check-in/out and confirm each post is relieved as directed by Post Orders, using an assigned personal identification number and post identification number.

3. FPOs working posts shall check-in/out of upon arriving at/departing from a designated post, using an assigned personal identification number and post identification number.

4. FPOs must check-in within ten (10) minutes of scheduled post start time or PTS will alert, post is open, and Contractor shall not be paid for any time when a post is in “open” status.

5. If FPO checks-in later than scheduled post start time, Contractor shall only receive payment for actual time FPO spent on post.

6. If FPO checks-in and the State determines a FPO does not have appropriate qualifications, post will be considered “open.” Contractor shall not receive payment for “open” post hours.

7. Contractor shall provide Contracting Officer and COTR a detailed memorandum of explanation to any invoice discrepancies between hours billed and PTS records. (Note: Receipt of a memorandum of explanation does not guarantee that the State will accept an explanation or issue credit for payment purposes.)

8. The State shall reconcile Contractor’s monthly invoice with monthly reports generated from PTS data for payment purposes.

A.13. Conduct of Contractor Personnel. Employees must adhere to the International Association of Chiefs of Police (IACP) National Law Enforcement Policy, Standards of Conduct, Attachment D, as may be updated and adopted by the State. Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and imposing disciplinary action, when necessary, up to and including removal at its own discretion or by direction of Contracting Officer and/or COTR.

a. The State reserves the right and prerogative to deny and/or restrict facility and information access or to direct removal from Contract of any Contract employee whom:

1. The State determines presents a risk of compromising sensitive State information to which he or she would have access to under this Contract.

2. Engages in serious misconduct, to include, but not limited to dishonest and untrustworthy behavior.

3. Solicits or receives gifts based upon position.

4. Engages in personal use of State property.

5. Uses State property or non-public information for private gain.

6. Engages in political or private fundraising while on duty.

7. Promotes or endorses a political candidate or agenda while on duty.

b. Contracting Officer and/or COTR shall provide written notification to Contractor for removal of an employee. Contractor shall immediately remove employee and replace with another commissioned FPO at no cost to the State. The State shall not be responsible for any additional costs borne by Contractor in connection with removed personnel.

c. Contractor shall report to Contracting Officer and COTR any adverse information that may impact employment or performance of an employee within twelve (12) hours. Contractor shall not make reports based on rumor or innuendo. Subsequent termination of employment of an employee does not eliminate requirement to submit a report.

Report shall include employees’ name and descriptive narrative regarding adverse information.

d. If an employee has a disqualifying event under state or federal…