08.09_RFP Attachment 2-SOW 2-26-2020.pdf

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

HOMELAND SECURITY INVESTIGATIONS

STATEMENT OF WORK

FOR

RAPID DNA TESTING PROGRAM

February 26, 2020

1.0 INTRODUCTION AND MISSION

The Department of Homeland Security (DHS) Immigration & Customs Enforcement (ICE) Homeland Security Investigations (HSI) is seeking assistance with the implementation of a Rapid DNA testing program which will aid in the identification of fraudulent familial relationship claims made by individuals entering or attempting to enter the United States.

ICE’s mission is to protect America from the cross-border crime and illegal immigration that threatens national security and public safety. Within this mission, HSI’s role is to investigate, disrupt, and dismantle terrorist, transnational, and other criminal organizations that threaten or seek to exploit the customs and immigration laws of the United States. To strengthen this mission, the utilization of a Rapid DNA testing program will assist HSI Special Agents with identifying and investigating those who continue to commit these types of criminal acts in direct violation of U.S. law.

2.0 BACKGROUND

Since early 2018, DHS has encountered an illegal immigration crisis at the southern border, including an increase in fraudulent family relationship claims. This fraud scheme involves adult aliens utilizing unrelated minors to pose as a family unit to secure release into the interior of the United States. This activity has put a strain on the immigration system and exhausted border security resources.

To address this vulnerability ICE/HSI, in partnership with Enforcement and Removal Operations (ERO), initiated Operation Double Helix, and, subsequently, Operation Double Helix 2.0, which utilized Rapid DNA technology to identify fraudulently-claimed familial relationships made by aliens encountered seeking to enter the United States, either legally or illegally.

Based on the success of these operations, HSI and ERO seek to continue utilizing Rapid DNA technology to identify fraudulently-claimed familial relationships made by aliens entering the United States. HSI has identified eleven locations on the southwest border where the influx of illegal aliens is prevalent. The precise locations of the eleven sites will be released to offerors upon request to the CONTRACTING OFFICER prior to offerors’ submissions of proposals.

Attachment 2-Statement of Work (SOW)

3.0 OBJECTIVE

Pursuant to ICE’s “authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the enforcement of [the immigration laws,]” INA § 287(b), in cases in which ICE has sufficient information to question the validity of a claimed parental relationship such that it would otherwise not house or release them together, it will permit purported parents to voluntarily submit to DNA sampling in order to rebut those concerns such that they may be housed with their purported child in an ICE family residential center. During this operation, written and voluntary consent will be documented for the DNA collection and testing. Additionally, each head of family will also be served with a privacy notice.

The selection of family units for the Rapid DNA testing will be based on many factors, such as key observations obtained during interviewing, intelligence gathering, documentary evidence, and any investigative data developed through the course of this process. No DNA information will be stored, as this is a presumptive test to validate a familial relationship only. DNA samples will be destroyed after testing, and a report will be generated which indicates only a positive or negative determination of parent-child relationship, divorced from any identifying information for the individuals tested. Contractors will not have access to privacy information of any kind.

Contractors will provide the equipment and test kits. Only federal employees will have access to personally identifiable information.

4.0 SCOPE

The purpose of this Statement of Work (SOW) is to identify the necessary functions and responsibilities of the CONTRACTOR for the duration of this operation.

The CONTRACTOR shall provide, for the duration of the operation, sufficient staff, to include subject matter experts, as well as all resources needed to conduct adequate DNA testing. This includes, but is not limited to, all training necessary to administer the testing and analyze the results; processing instruments; test kits; swabs; supply kits (gloves, masks, etc.); as well any required hardware and software, to include maintenance, needed to operate the processing instruments. The CONTRACTOR shall service the equipment, transport the equipment, and train federal employees on use of the equipment. CONTRACTOR shall also establish a dedicated telephone line (or lines) to assist ICE personnel who are on-site at any of the designated testing sites with technical support, including troubleshooting equipment malfunctions and analyzing inconclusive results. Lastly, CONTRACTOR shall provide for and coordinate the removal and disposal/destruction of all bio-waste materials.

It is highly probable that the testing site locations will change over the course of the operation due to the everchanging flow of migrants and Government resources. Thus, to ensure a smooth and successful operation, it is imperative that all materials and personnel provided by the CONTRACTOR be able to relocate within 48 hours when needed. ICE will ensure that the CONTRACTOR is aware of any potential moves as soon as the need to relocate has been identified.

5.0 DUTIES AND RESPONSIBILITIES (CONTRACTOR)

CONTRACTOR shall meet or exceed the requirements listed below:

5.1 CONTRACTOR shall assign and maintain adequate personnel, as requested by ICE, to all sites conducting Rapid DNA testing. In the event a new site is created, the CONTRACTOR shall also provide adequate staffing to ensure a smooth and quick initiation of the Rapid DNA testing location. The total number of CONTRACTOR employees will be based on an estimate of hours and not as permanent, on-site personnel. After award, the CONTRACTOR will invoice ICE according to the number of labor hours worked each month during the performance of this contract, at a pre-determined hourly labor rate. CONTRACTOR shall propose annual rates for the duration of the five-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract period of performance. The actual number of hours needed will be determined after the awarding of the contract based on current needs as determined by ICE, who will notify the CONTRACTOR of the requirement forthwith. In addition to on-site personnel, the CONTRACTOR shall provide a dedicated telephone or videoconference lines staffed seven days per week, 24 hours per day, to assist with any issues or problems encountered. In addition, CONTRACTOR shall assign one employee as the dedicated central point-of-contact for ICE.

5.1.1 CONTRACTOR shall provide adequate and relevant training at one of the designated testing sites. After completion of training, ICE personnel will be qualified to successfully operate the testing equipment. CONTRACTOR personnel shall be responsible for any on-the-job training needed for ICE personnel assigned to each location, to include any future training required as ICE employees rotate in/out of the designated testing sites.

5.1.2 Minimum qualifications for CONTRACTOR personnel providing training (CLIN 0004):

• Must possess the technical knowledge and skills necessary to train others in the operation and maintenance of DNA testing equipment

• Bachelor’s degree in any subject/field

• Strong communication skills

• Minimum of one (1) year of experience training adults in system/equipment operations

• No history of Misdemeanor or Felony convictions

5.2 CONTRACTOR shall manage and provide logistics for collection, removal and disposal/destruction of all bio-waste materials every 14 days, or as necessary.

5.3 CONTRACTOR shall provide, as needed, DNA Forensic Analysts for support, to include analysis of inconclusive test results and any other issues requiring scientific expertise for resolution.

5.3.1 Minimum Qualifications for CONTRACTOR Forensic Analysts (CLIN 0005)

• Master’s degree in biology, chemistry, or related field of biological science from an accredited university/college. Baccalaureate degree plus applicable experience is acceptable in lieu of Master’s degree.

• Completion of course work in genetics, biochemistry, statistics and molecular biology

• Minimum of one (1) year of forensic human DNA laboratory experience

• Technical knowledge of Rapid DNA system operations and reach back analysis

• No history of Misdemeanor or Felony convictions

5.4 CONTRACTOR shall provide processing instruments at each testing site sufficient to simultaneously process DNA samples within 90 minutes or less as follows:

• Capacity to process two simultaneous DNA samples at low traffic testing sites as determined by ICE.

• Capacity to process five simultaneous DNA samples at up to three higher traffic testing sites as determined by ICE.

• Processing instruments (equipment) shall remain on site until the final test kit ordered from the IDIQ has been processed.

If needed, CONTRACTOR shall provide additional testing capability to process up to two additional samples per 90 minutes at each testing site. Such capability shall be provided within a short time frame, not to exceed five working days. CONTRACTOR shall be responsible for the set-up of each instrument, as well as any issues encountered during set-up. Machines shall be portable, deployable to a rugged environment, and possess the ability to be broken down and moved to other locations as necessary within five working days. The machines shall be operable by a non-technical user with a minimum amount of training. Machines can be standalone, functioning independently, or they can utilize external software to process the DNA samples.

Government has no preference; however, all items for DNA testing/functionality shall be provided by the contractor.

CONTRACTOR shall, within 30 days, demonstrate via written report submitted to the COR, the following processing results:

• A minimum of 75% of all initial DNA samples processed by CONTRACTOR equipment shall be valid for comparison WITHOUT further analysis or technical support from

CONTRACTOR.

• If an initial DNA sample is not valid for comparison, the CONTRACTOR will be contacted by ICE requesting analysis or technical support. From receipt of that request, the CONTRACTOR shall have 30 minutes to resolve the issue and deem the sample valid for comparison. The aggregate success rate of valid initial samples (75%) and valid samples requiring further analysis/tech support for comparison shall be a minimum of 90%.

If this requirement is not met, ICE will submit an unacceptable rating to the Contractor Performance Assessment Reporting System (CPARS) and will cease to place subsequent orders once minimum IDIQ guarantee has been met.

5.5 CONTRACTOR shall provide, at no cost to ICE, any and all additional DNA testing requiring review by a certified laboratory. This also includes any additional testing required for court proceedings related to those found to be part of a fraudulent family unit.

5.6 CONTRACTOR shall deliver test kits, and adequate number of processing instruments/machines to perform the tests, to all DNA testing sites as directed on individual delivery orders. It is expected that no more than 15,000 tests shall be administered during each twelve-month period, with a maximum of 75,000 ordered during the entire five-year period of performance of the IDIQ contract. The initial order of test kits shall be delivered within 72 hours after receipt of order. CONTRACTOR shall also supply all consumable materials required to safely and effectively perform the DNA testing at each location. This shall include but not be limited to swabs, medical-grade latex gloves and masks in various sizes. CONTRACTOR’s consumable materials, to include testing kits, shall not require any form of refrigeration storage due to space limitations and lack of proper facilities to accommodate this type of storage.

5.7 CONTRACTOR shall provide all related and necessary computer hardware and components, which shall at no time be connected to any Government-owned network. This includes, but is not limited to ICE, HSI, ERO, U.S. Customs and Border Protection, and U.S.

Border Patrol systems. CONTRACTOR shall also be responsible for the maintenance and troubleshooting of the hardware and components during this operation.

5.8 CONTRACTOR shall provide and maintain all software required for all CONTRACTOR-owned machines. CONTRACTOR shall be responsible for any patches, updates, installation, etc., needed for this software for the duration of the operation.

5.9 CONTRACTOR shall ensure their hardware, software, instruments, tests/kits, etc., are in working order for the duration of the operation. At no time shall any of the above-mentioned items impact the efficiency and success of this operation. In the event a piece of equipment is faulty or becomes inoperable, CONTRACTOR shall replace these items within five working days after notification. If a DNA testing kit, or other CONTRACTOR-provided hardware fails, the item or items will be replaced at no cost to the Government.

5.10 CONTRACTOR shall provide reallocation services for DNA testing equipment (CLIN 0006) when deemed necessary by the Government. Reallocation of equipment will only be within the Continental United States (CONUS). The price for this CLIN should include cost for CONTRACTOR personnel to perform on-site equipment teardown, calibration, set-up, shipping and any other costs as it relates to the physical move of the equipment. Any CONTRACTOR personnel costs relating to travel will be billed to CLIN 0007. No costs for reallocation shall be billed to any labor hour CLINs.

6.0 POST AWARD CONFERENCE

CONTRACTOR shall attend, either in person or via teleconference, a Post Award Conference with the Contracting Officer and the COR no later than ten business days after the date of award.

The purpose of the Post Award Conference is to level set and discuss logistics. It is not to re-negotiate the terms and conditions of the contract.

7.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY

7.1 ICE shall be responsible for the collection, removal and disposal of all non-bio waste materials.

7.2 ICE shall provide standard AC power receptacles at each designated testing site.

8.0 HOURS OF OPERATION

DNA Testing sites operate 24 hours per day, 7 days per week. CONTRACTORS shall work hours on site as directed in individual task orders.

9.0 SECURITY REQUIREMENTS

9.1 General Security: CONTRACTOR employees under this contract will not be subject to a Full Field Background Investigation under the Federal Investigative Standards. At all times while performing duties on behalf of ICE, CONTRACTOR employees shall be escorted by cleared ICE employees or cleared ICE contractor employees.