SOO Asbestos Abatement Blanket Purchase Agreement (BPA) - Draft Copy for PSN.pdf

DHS Statement of Objectives (SOO)

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DEPARTMENT OF HOMELAND SECURITY (DHS)

Federal Emergency Management Agency

STATEMENT OF OBJECTIVE (SOO) FOR:

FEMA Region 6, Mission Support Division, Asbestos Abatement Blanket Purchase Agreement (BPA)

Destiny Dyson, Contracting Officer

PROCUREMENT SENSITIVE

INFORMATION

This document contains non-public information intended for use on a need-to know basis within FEMA only.

Please protect this document as procurement sensitive and handle accordingly.

DEPARTMENT OF HOMELAND SECURITY (DHS)

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June 2021 1 Statement of Objectives (SOO) For Asbestos Abatement Blanket Purchase Agreement (BPA)

Purpose The purpose of this Blanket Purchase Agreement (BPA) is to provide timely, compliant, and cost-effective asbestos abatement services for the buildings located at 800 N. Loop 288, Denton, Texas 76209, including facilities constructed in the 1960s and 1980s, and other designated service areas as required. Services may include asbestos-containing material removal, encapsulation, containment, decontamination, High-Efficiency Particulate Air (HEPA) vacuuming, negative air filtration, waste packaging, transportation, disposal, regulatory notifications, and related abatement support services. This agreement is intended to establish a streamlined ordering mechanism for recurring, planned, urgent, and emergency-response asbestos abatement requirements in support of facility maintenance, renovation, repair, emergency response, and environmental compliance needs.

Due to the potential health, safety, indoor-air-quality, and operational impacts associated with damaged or disturbed asbestos-containing materials, the Contractor shall maintain the capability to provide prompt response to Government requests, including urgent or emergency asbestos abatement support when conditions require timely on-site intervention. Specific response requirements shall be identified in the applicable call order and shall distinguish between routine/planned work and urgent or emergency response requirements.

All work shall be performed by properly licensed and qualified asbestos abatement personnel in accordance with applicable federal, state, and local requirements, including Texas asbestos licensing, notification, work practice, transportation, and disposal requirements. The BPA will allow the Government to issue calls for asbestos abatement services as specific requirements arise, while promoting consistent pricing, contractor readiness, regulatory compliance, and continuity of service for the identified Denton facilities. Scope or Mission The purpose of this Blanket Purchase Agreement is to provide timely, compliant asbestos abatement services for the FRC and VSAB 1 buildings constructed in the 1960s and 1980s at 800 N. Loop 288, Denton, Texas 76209, including removal, containment, HEPA filtration, disposal, and related regulatory support as requirements arise. The primary contractor shall be responsible for providing and managing all work necessary to complete asbestos abatement services, including staffing, Learn more at fema.gov June 2021 3 supervision, labor, testing, inspections, removal, containment, critical barriers, signage, decontamination, HEPA filtration, waste packaging, transportation, disposal, regulatory notifications, documentation, and all applicable compliance requirements.

Because asbestos-containing materials may present potential exposure risks if damaged, disturbed, or otherwise compromised, the Contractor shall maintain the capability, staffing, equipment, supervision, and logistical readiness necessary to respond promptly to urgent or emergency service requests. This capability shall include the ability to mobilize qualified asbestos personnel and required equipment to the site within the response timeframe established in the applicable call order.

This BPA requires contractor compliance with applicable Texas asbestos requirements, including:

· Proper asbestos contractor licensing.

· Licensed asbestos supervisor and worker personnel.

· Required state notifications, if applicable.

· Regulated asbestos work practices.

· Containment, critical barriers, and decontamination procedures as required.

· Negative air/HEPA filtration controls.

· Waste packaging, labeling, manifesting, transportation, and disposal at an authorized facility.

· Final cleaning and clearance support. Disposal and Transport Assumption For Denton, these requirements assume disposal at an approved facility serving the DFW/North Texas region. Estimates for asbestos-containing material disposal quantity should be measured by weight, volume, container, or minimum load charge, and truckload/partial. For floor tile, mastic, transite panels, and similar materials, disposal is often estimated by converting the removed square footage into an expected volume or weight, then applying packaging, transport, manifesting, and landfill/disposal fees. This proof of disposal/transport cost must be submitted as an attachment to the invoice.

• Bags/containers

• Labeling

• Waste manifesting

• Transportation

• Disposal facility minimum charges

• Air monitoring/clearance allowance Direct Cost Abatement

• Abatement Supervisor / Superintendent

• Licensed Asbestos Abatement Labor

• Removal of Carpet

• Removal of Tile

• Removal of Asbestos Floor Mastic

• Removal of Asbestos Transite Panels

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• Negative Air Machine / HEPA Vacuum

• Disposal of Asbestos-Containing Material

• Mobilization / Demobilization, DFW Market

• Containment Setup, Critical Barriers, Poly, Signage, Decon Support

• Texas Asbestos Notification / Regulatory Compliance Administration

• Waste Packaging, Labeling, Manifesting, and Transport Allowance

• Third-Party Air Monitoring / Clearance Allowance o This proof of these expenditures must be submitted as an attachment to the invoice.

This is a FFP BPA, the contractor shall only bill for the services provided. Performance Requirements

1. Performance Work Statement (PWS) Submission: For each applicable call order, the Contractor shall submit a detailed Performance Work Statement (PWS) to the Contracting Officer (CO) and Contracting Officer’s Representative (COR) prior to project commencement.

o The PWS shall include, at a minimum:

A comprehensive project schedule, including a Gantt chart identifying key milestones and deliverables;

A breakdown of tasks, schedules, and resource requirements necessary to complete the work.

An Activity Hazard Analysis (AHA) for each asbestos-related activity.

The Contractor shall prepare and submit an AHA to the CO and COR for each asbestos-related activity before that activity begins.

Each AHA shall identify associated hazards, required controls, and applicable safety measures.

The Contractor shall not commence work under the applicable call order until the required PWS and AHAs have been submitted and accepted by the Government in accordance with the terms of the call order.

2. Minimizing Disruptions: The contractor shall implement provisions to minimize disruptions to building occupants and operations. For each applicable call order, the Contractor shall identify any anticipated disruptions in the PWS, including impacts to building access, utilities, work areas, noise, odors, air quality, occupant movement, parking, security, or normal operations. In the event disruptions are foreseen, the Contractor shall notify the CO and COR at least three business days in advance of commencement of the affected work and shall identify the nature, duration, affected areas, and proposed mitigation measures for the anticipated disruption.

For urgent or emergency service requests, advance notice may not be practicable. In those cases, the Contractor shall coordinate with the CO, COR, facility management, and safety personnel as soon as possible after notification and shall implement immediate measures to protect building occupants, maintain indoor air quality, control access to affected areas, and minimize disruption to facility operations.

These provisions must address:

Control and mitigation of noise levels during work hours.

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Prevention and management of power outages.

Minimization of operational impacts, including coordination with facility management to avoid interference with critical functions.

3. Physical Oversight and Management: The contractor shall provide physical oversight and management throughout the entire project lifecycle. This includes:

On-site supervision during all phases of work.

Regular progress reporting to the Project Officer.

Immediate notification of any issues affecting project schedule or quality.

The contractor shall designate an asbestos-competent person qualified in accordance with applicable OSHA requirements to oversee regulated activities, verify controls, direct corrective actions, and exercise stop-work authority when unsafe conditions exist.

The contractor shall ensure asbestos-containing materials, contaminated equipment, personnel, and waste are managed in a manner that prevents migration of asbestos fibers outside regulated work areas until decontamination and disposal are complete. The contractor shall maintain effective containment, decontamination procedures, and waste handling controls until decontamination is complete and asbestos waste has been properly packaged, transported, and disposed.

Contractor shall maintain a project safety management program that includes documented pre task safety briefings, routine safety inspections, hazard communication, incident reporting, corrective action tracking, and periodic evaluation of workplace hazards throughout contract performance.

4. Compliance with Build America, Buy America Act (BABAA) o The contractor must comply with FEMA’s Build America, Buy America Act (BABAA) requirements for materials and products.

o If a waiver of “Buy America” preferences is necessary, the contractor must follow the prescribed FEMA procedures and obtain written approval prior to procurement.

5. Hazardous Materials Handling o If hazardous materials (such as asbestos or lead-based paint) are encountered during the project, the contractor shall:

Immediately report the discovery to the Project Officer and FEMA Safety Officer.

6. Site Visit and Field Verification o For each applicable call order, the Contractor shall conduct a site visit, when required by the call order or directed by the CO or COR, prior to project commencement.

o The site visit shall be used to verify site conditions, work areas, access requirements, quantities, operational constraints, staging areas, and safety considerations.

o The Contractor shall incorporate site visit findings into the call order PWS, abatement work plan, schedule, AHA, HASP, and pricing, as applicable. Response Time for Urgent and Emergency Service Requests

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For rouƟne or planned asbestos abatement requirements, the Contractor shall perform work in accordance with the schedule established in the applicable call order.

For urgent or emergency service requests requiring on-site intervenƟon, the Contractor shall be capable of responding on site within two (2) hours of Government noƟficaƟon, unless a different response Ɵme is established in the applicable call order. The two-hour response-Ɵme standard is based on facility condiƟons, health and safety consideraƟons, potenƟal indoor-air-quality impacts, operaƟonal conƟnuity, and regulatory requirements.

Urgent or emergency service requests may include, but are not limited to, situaƟons involving damaged or disturbed suspect asbestos-containing material, potenƟal fiber release, indoor-air-quality concerns, water damage or other incidents affecƟng asbestos-containing material, unexpected discovery of suspect material during maintenance or repair acƟviƟes, or other condiƟons requiring Ɵmely containment, assessment, stabilizaƟon, or abatement support.

The Contractor’s response shall include, as applicable, mobilizaƟon of qualified asbestos personnel, a licensed asbestos supervisor or competent person, required PPE, containment materials, warning signage, HEPA vacuums, negaƟve air machines, waste packaging materials, and other equipment necessary to evaluate, stabilize, contain, or abate the affected area.

The Contractor shall noƟfy the CO and COR immediately if it cannot meet the required response Ɵmeframe and shall provide the reason for the delay, esƟmated arrival Ɵme, interim protecƟve recommendaƟons, and proposed correcƟve acƟons. Period of Performance The base period of performance (POP) for the BPA will be one year, with four one-year option periods.

The period of performance for each call order will be identified independently within the applicable call order. Place of Performance The primary place of performance will be FEMA Region 6 at 800 N. Loop 288, Denton, Texas 76209. Background The Federal Regional Center (FRC) building, constructed in 1964, and the Vehicle Storage Administration Building (VSAB) 1 building, constructed in 1984, are both located at 800 N. Loop 288, Denton, Texas 76209. Due to the age of these facilities, asbestos-containing materials may be present in building components such as flooring, mastic, transite panels, insulation, and other construction materials. This project is intended to provide asbestos abatement services to support facility maintenance, repairs, renovations, and other work activities where asbestos-containing materials are identified or may be disturbed. The contractor shall perform all required asbestos

Learn more at fema.gov June 2021 7 abatement activities, including testing, inspection support, containment, removal, decontamination, HEPA filtration, waste handling, transportation, disposal, documentation, and regulatory compliance, in accordance with applicable federal, state, and local requirements.

Because the facilities may be occupied and operational during normal business hours, damaged, disturbed, or otherwise compromised asbestos-containing materials may create potential exposure, indoor-air-quality, safety, regulatory, and operational-continuity concerns. When such conditions arise, timely on-site intervention may be necessary to evaluate the condition, restrict access, establish containment, prevent migration of asbestos fibers, support air monitoring or clearance activities, and perform removal, repair, encapsulation, or other abatement support as directed by the Government. Accordingly, this BPA includes both routine/planned abatement requirements and urgent or emergency response requirements.

Routine or planned abatement generally includes scheduled work associated with maintenance, renovation, repair, or known asbestos-containing material removal. Urgent or emergency response generally includes time-sensitive conditions involving damaged, disturbed, or suspected asbestos-containing material where delay could increase health, safety, regulatory, indoor-air-quality, or operational impacts. Performance of Objectives Objective 1: Planning and Preparation

• Conduct a site visit before bidding to assess the project scope.

• Coordinate with FEMA to develop a comprehensive project plan and schedule.

• Ensure sufficient space for new equipment installation and confirm measurements before starting work.

• Provide FEMA with a written Quality Control Plan and Performance Work Statement (PWS).

• Prior to mobilization, the contractor shall develop and submit a site-specific HASP for government approval before field work begins.

ObjecƟve 2: Design

Design an asbestos abatement approach that safely identifies, contains, removes, handles, transports, and disposes of asbestos-containing materials at the FRC and VSAB 1 buildings in accordance with project requirements.

• Ensure the abatement plan includes appropriate staffing, supervision, testing, inspections, containment, critical barriers, signage, decontamination procedures, HEPA filtration, waste packaging, and final cleaning.

• Comply with all applicable local, state, and federal asbestos requirements, including Texas asbestos licensing, notification, work practice, transportation, disposal, documentation, and environmental compliance standards.

ObjecƟve 3: InstallaƟon

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For this asbestos abatement project, the required “installation” would generally involve temporary abatement controls and support systems rather than permanent building equipment. Typical installation requirements include:

• Install temporary containment barriers around regulated work areas using appropriate polyethylene sheeting or approved containment materials.

• Install critical barriers over doors, windows, vents, penetrations, and other openings to prevent fiber migration.

• Install required asbestos warning signage at regulated area entrances and other required locations.

• Install decontamination areas or decontamination units for personnel, equipment, and waste, as applicable.

• Install negative air machines equipped with HEPA filters to maintain appropriate air control within containment areas.

• Install HEPA-filtered exhaust routing, if required by the abatement plan and site conditions.

• Install temporary floor, wall, and surface protection as needed to protect non-impacted areas.

• Install waste staging and packaging areas for asbestos-containing materials.

• Install sealed waste containers, bags, o wrapped bundles suitable for asbestos-containing material disposal.

• Install temporary lighting and power support as needed to safely perform abatement work,

• Install temporary isolation measures for HVAC openings or other building systems in or near the work area.

• Install worker access controls to restrict entry to authorized and properly protected personnel only.

• Install inspection and sampling access provisions, if needed for testing, monitoring, or clearance activities.

• Install final cleaning controls, including HEPA vacuum equipment and wet-cleaning support materials.

• Remove all temporary containment, barriers, signage, decontamination equipment, and abatement controls after final cleaning and required clearance are complete.

Objective 4: Cleanup

Cleaning requirements for the asbestos abatement scope should include:

Perform all cleaning in accordance with applicable federal, state, and local asbestos requirements and the approved abatement work plan.

• Use wet cleaning methods and HEPA-filtered vacuuming to minimize airborne fiber release.

• Prohibit dry sweeping, compressed air cleaning, or other methods that may disperse asbestos fibers.

• Clean all surfaces within the regulated work area, including floors, walls, ledges, equipment surfaces, containment materials, and horizontal surfaces.

• Maintain negative air filtration during cleaning activities, where containment and negative air controls are required.

• Clean tools, equipment, containers, and reusable materials before removal from the regulated work area.

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• Decontaminate personnel, equipment, and waste containers before exiting the regulated work area.

• Double-bag, seal, label, and stage asbestos-containing waste and contaminated cleaning materials for proper disposal.

• Remove visible debris, dust, residue, and asbestos-containing material from the work area.

• Conduct initial cleaning after gross removal of asbestos-containing materials is complete.

• Conduct final cleaning using HEPA vacuuming and wet wiping before clearance inspection or sampling.

• Replace pre-filters or HEPA filtration components as required by the equipment manufacturer and project work plan.

• Maintain containment, critical barriers, and warning signage until required cleaning and clearance activities are complete.

• Perform visual inspection to confirm the work area is free of visible dust, debris, and residue.

• Correct any deficiencies identified during inspection or clearance activities at no additional cost to the Government.

• Dispose of used poly sheeting, filters, disposable PPE, rags, wipes, and other contaminated materials as asbestos-containing waste, as required.

• Provide cleaning and disposal documentation, including waste manifests, clearance records, inspection reports, and other required closeout documents.

• Perform a final cleanup and recycle metal waste, providing a report to the Contracting

Officer’s Representative (COR).

Objective 5: Final Review and Inspection

• The contractor shall perform a final review of the regulated work area after all asbestos containing material removal, cleaning, decontamination, and waste packaging activities are complete.

• The contractor shall verify that all visible asbestos-containing material, residue, dust, debris, disposable materials, and contaminated waste have been removed from the work area.

• The contractor shall ensure all surfaces within the regulated work area have been cleaned using approved wet cleaning and HEPA-filtered vacuuming methods.

• The contractor shall maintain containment, barriers, signage, and negative air controls until final inspection and clearance requirements are completed and accepted.

• The contractor shall coordinate final inspection activities with the Government representative, project monitor, industrial hygienist, or other designated authority, as applicable.

• The contractor shall provide access to the regulated work area for final visual inspection and any required clearance sampling.

• The contractor shall correct all deficiencies identified during final review, visual inspection, or clearance activities at no additional cost to the Government.

The contractor shall not dismantle containment or remove critical barriers until the work area has passed required final visual inspection and clearance criteria, unless otherwise authorized by the Government.

• Final inspection shall confirm that the work area is free of visible dust, debris, residue, and asbestos-containing material.

• If clearance air sampling is required, the contractor shall support the sampling process and maintain site controls until acceptable clearance results are achieved.

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• The contractor shall re-clean and re-inspect any area that fails visual inspection or clearance sampling until the area meets acceptance requirements.

• The contractor shall provide final documentation before project closeout, including inspection records, clearance results if applicable, waste manifests, disposal receipts, worker certifications, supervisor certifications, daily logs, and regulatory notification records.

• The contractor shall submit a final closeout package to the Government for review and acceptance.

• The Government reserves the right to withhold acceptance until all final review, inspection, clearance, documentation, and cleanup requirements have been completed satisfactorily. Operating Constraints

The following operational constraints must be considered and addressed to ensure successful execution while minimizing impact on facility operations:

1. Hours of Operation: Work is restricted to Monday through Friday, 08:00 to 17:30. No work is permitted on weekends or federally observed holidays. Any activities requiring extended hours or access outside these times must be approved by the Contracting Officer or Contracting Officer Representative.

2. Occupancy and Workflow: The facilities may be occupied by employees during working hours.

Contractors may need to plan the project in phases to avoid disrupting staff workflow and critical operations. Coordination with facility management is required to schedule work in occupied areas and to provide advance notice to affected personnel.

3. Noise and Disruption: Contractors must be aware of noise levels generated by construction activities. High-noise tasks should be scheduled during periods of minimal occupancy or coordinated with facility management. Communication regarding anticipated noise and disruptions must be provided to staff in advance.

4. Material Handling and Reporting: All materials brought on site must be inventoried and reported to the Project Officer. All chemicals brought on site must be inventoried and reported to the Safety Officer. Transporting materials may require use of passenger elevators and/or stairs, which may have blind spots and limited visibility. Contractors must ensure safe handling and movement of materials, especially in common areas.

5. Indoor Air Quality: Contractors must maintain indoor air quality standards throughout the project, including proper ventilation and dust control, especially during demolition or installation activities. Temporary air quality monitoring may be required in sensitive areas.

6. OSHA Safety Requirements: All work must comply with OSHA safety standards, including proper use of personal protective equipment (PPE), hazard communication, and safe work practices. Contractors are responsible for maintaining a safe work environment for both workers and building occupants.

7. Site Storage Limitations: There is a lack of storage capability on site. Contractors must coordinate just-in-time delivery of materials and equipment and remove debris and surplus materials daily. No materials or equipment may be left unattended in common areas or corridors. The Government shall not be liable for any Contractor-furnished materials, tools, or equipment that are lost, stolen, damaged, or misplaced while on Government property or in connection with performance under the applicable call order

8. Access and Security: Contractors must adhere to facility access and security protocols, including sign-in procedures and escort requirements for restricted areas. All tools and equipment must be secured when not in use.

9. Environmental and Hazardous Materials: Any hazardous materials encountered, such as asbestos or lead-based paint, must be immediately reported to the Project Officer for further directions. Contractors must follow all environmental regulations for handling and disposal.

10. Additional Constraints: Limited parking and loading areas may require coordination for deliveries and equipment staging. Weather conditions may impact exterior work and material deliveries. Contractors must ensure all work areas are cleaned and restored at the end of each workday. These constraints are critical to maintaining operational continuity, safety, and compliance throughout the project. Contractors must address each challenge in their project planning and execution. Geographic Response Capability

The Contractor shall maintain a local or regional response capability sufficient to meet the urgent and emergency response-Ɵme requirements established in this BPA and in individual call orders. For urgent or emergency service requests requiring on-site intervenƟon, the Contractor shall maintain the demonstrated ability to respond on site within two (2) hours aŌer Government noƟficaƟon, unless a different response Ɵme is established in the applicable call order.

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If substanƟated by the Government based on safety, health, indoor-air-quality, operaƟonal-conƟnuity, and response-Ɵme needs, this response capability may require the Contractor to maintain personnel, equipment, subcontractor support, or a field capability within a 100-mile radius of 800 N. Loop 288, Denton, Texas 76209.

The purpose of this geographic response capability is to support Ɵmely on-site intervenƟon for potenƟal asbestos exposure, indoor-air-quality concerns, containment needs, facility access restricƟons, and operaƟonal-conƟnuity requirements. The Contractor may saƟsfy this requirement through a local office, staffed field locaƟon, subcontractor arrangement, equipment staging approach, or other documented means demonstraƟng the ability to meet the required two-hour response Ɵme.

The Contractor shall idenƟfy in its proposal or BPA documentaƟon how it will meet the required response capability, including personnel availability, equipment availability, subcontractor availability if applicable, mobilizaƟon approach, and ability to arrive on site within the required urgent or emergency response Ɵmeframe. Deliverable Schedule

TASK DELIVERABLES Completion Timeframe

Planning and Preparation

The contractor shall conduct planning, site coordination, review of available asbestos survey information, regulatory review, and preparation of required project documentation.

5 days after award date

Roster Submission The contractor shall submit a roster of all personnel assigned to the project, including supervisors, workers, inspectors, and other key staff.

The roster shall include applicable licenses, certifications, training documentation, and qualifications.

5 days after award date

Design and Abatement Work Plan and Equipment Ordering

The contractor shall prepare and submit the asbestos abatement work plan, containment approach, negative air/HEPA filtration plan, waste handling plan, safety procedures, and equipment/material ordering plan

10 days after award date

Mobilization and Site Setup

For routine/planned work, the Contractor shall mobilize labor, materials, equipment, signage, containment materials, decontamination equipment, HEPA vacuums, negative air machines, and waste packaging materials within 15 business days after award or call order issuance, unless otherwise approved by the Government. For urgent or emergency service requests requiring on-site intervention, the Contractor shall respond on site within two (2) hours of Government notification, unless a different response time is established in the applicable call order.

Routine/planned work: 15 business days after award or call order issuance, unless otherwise approved by the Government.

Urgent/emergency work: two (2) hours after Government notification, unless otherwise established in the

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Removal and Installation

The contractor shall install temporary containment, barriers, signage, decontamination areas, HEPA filtration, and other required abatement controls, then perform asbestos-containing material removal within 20 business days after award, subject to approved access and regulatory notification requirements.

20 days. After the equipment arrives.

Cleanup and Decontamination

The contractor shall perform gross cleanup, final cleaning, wet wiping, HEPA vacuuming, equipment decontamination, waste packaging, and removal of contaminated materials immediately after removal activities are complete.

Immediately after completion of project.

Final Review and Inspection

The contractor shall coordinate and support final visual inspection and any required clearance activities.

2 days after completion of cleanup

Closeout Documentation

The contractor shall submit final closeout documentation, including daily logs, licenses/certifications, waste manifests, disposal receipts, inspection records, clearance results if applicable, and regulatory notifications

5 business days after final inspection acceptance

Cleanup

The Contractor shall thoroughly clean the area and no debris from the service is visible on FEMA grounds. There should be daily clean-up of materials to prevent any hazards. When work is completed in each area, the contractor should complete an elaborate cleanup of area worked. The Contractor shall perform the final clean up.

Security

All personnel require access to unclassified information only. Contractors must ensure contractor employees receive a favorably background investigation prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

Unauthorized Disclosure of Classified or Unclassified Information:

Contractors and Subcontractors who are working on this contract shall receive Unauthorized Disclosure of Classified or Unclassified Information training. Access to the training can be obtained at:https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

For Official Use Only (FOUO) Information:

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and

Learn more at fema.gov June 2021 14 safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and nongovernmental activities.

The contractor will: Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

Unauthorized Disclosure of Classified or Unclassified Information

Contractors and Subcontractors who are working on this contract shall receive the Unauthorized Disclosure of Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Other Clauses

HSAR 3052.240-71 CONTRACTOR EMPLOYEE ACCESS (JULY 2023) (HSAR DEVIATION 25-12)

(Effective November 3, 2025)

a. Controlled Unclassified Information (CUI) is any information the Government creates or po ssesses, or an entity creates or possesses for or on behalf of the Government (other than classified information) that a law, regulation, or Governmentwide policy requires or permit s an agency to handle using safeguarding or dissemination controls. This definition includes the following CUI categories and subcategories of information:

1. Chemical-terrorism Vulnerability Information (CVI) as defined in 6 CFR part 27, “Chemical Facility Anti-Terrorism Standards,” and as further described in supplementary guidance issued by an authorized official of the Department of Homeland Security (including the Revised Procedural Manual “Safeguarding Information Designated as Chemical-Terrorism Vulnerability Information” dated September 2008);

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2. Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (title XXII, subtitle B of the Homeland Security Act of 2002 as amended through Pub. L. 116–283), PCII’s implementing regulations (6 CFR part 29), the PCII Program Procedures Manual, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security, the PCII Program Manager, or a PCII Program Manager Designee;

3. Sensitive Security Information (SSI) as defined in 49 CFR part 1520, “Protection of Sensitive Security Information,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or designee), including Department of Homeland Security MD 11056.1, “Sensitive Security Information (SSI)” and, within the Transportation Security Administration, TSA MD 2810.1, “SSI Program”;

4. Homeland Security Agreement Information means information the Department of Homeland Security receives pursuant to an agreement with State, local, Tribal, territorial, or private sector partners that is required to be protected by that agreement. The Department receives this information in furtherance of the missions of the Department, including, but not limited to, support of the Fusion Center Initiative and activities for cyber information sharing consistent with the Cybersecurity Information Sharing Act of 2015;

5. Homeland Security Enforcement Information means unclassified information of a sensitive nature lawfully created, possessed, or transmitted by the Department of Homeland Security in furtherance of its immigration, customs, and other civil and criminal enforcement missions, the unauthorized disclosure of which could adversely impact the mission of the Department;

6. International Agreement Information means information the Department of Homeland Security receives that is required to be protected by an information sharing agreement or arrangement with a foreign government, an international organization of governments or any element thereof, an international or foreign public or judicial body, or an international or foreign private or non-governmental organization;

7. Information Systems Vulnerability Information (ISVI) means:

i. Department of Homeland Security information technology (IT) systems data revealing infrastructure used for servers, desktops, and networks; applications name, version, and release; switching, router, and gateway information; interconnections and access methods;

and mission or business use/need. Examples of ISVI are systems inventories and enterprise architecture models. Information pertaining to national security systems and eligible for classification under Executive Order 13526 will be classified as appropriate;

and/or

ii. Information regarding developing or current technology, the release of which could hinder the objectives of the Department, compromise a technological advantage or

Learn more at fema.gov June 2021 16 countermeasure, cause a denial of service, or provide an adversary with sufficient information to clone, counterfeit, or circumvent a process or system;

8. Operations Security Information means Department of Homeland Security information that could be collected, analyzed, and exploited by a foreign adversary to identify intentions, capabilities, operations, and vulnerabilities that threaten operationa l security for the missions of the Department;

9. Personnel Security Information means information that could result in physical risk to Department of Homeland Security personnel or other individuals whom the Department is responsible for protecting;

10. Physical Security Information means reviews or reports illustrating or disclosing facility infrastructure or security vulnerabilities related to the protection of Federal buildings, grounds, or property. For example, threat assessments, system security plans, contingency plans, risk management plans, business impact analysis studies, and certification and accreditation documentation;

11. Privacy Information includes both Personally Identifiable Information (PII) and Sensitive Personally Identifiable Information (SPII). PII refers to information that can be used to distinguish or trace an individual’s identity, either alone, or when combined with other information that is linked or linkable to a specific individual; and SPII is a subset of PII that if lost, compromised, or disclosed without authorization could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

To determine whether information is PII, DHS will perform an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not PII can become PII whenever additional information becomes available, in any medium or from any source, that would make it possible to identify an individual. Certain data elements are particularly sensitive and may alone present an increased risk of harm to the individual.

i. Examples of stand-alone PII that are particularly sensitive include: Social Security numbers (SSNs), driver’s license or State identification numbers, Alien Registration

Numbers (A-numbers), financial account numbers, and biometric identifiers.

ii. Multiple pieces of information may present an increased risk of harm to the individual when combined, posing an increased risk of harm to the individual. SPII may also consist of any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

A. Truncated SSN (such as last 4 digits);

B. Date of birth (month, day, and year);

C. Citizenship or immigration status;

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D. Ethnic or religious affiliation;

E. Sexual orientation;

F. Criminal history;

G. Medical information; and

H. System authentication information, such as mother’s birth name, account passwords, or personal identification numbers (PINs).

iii. Other PII that may present an increased risk of harm to the individual depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. The context includes the purpose for which the PII was collected, maintained, and used. This assessment is critical because the same information in different contexts can reveal additional information about the impacted ind ividual.

b. Information Resources means information and related resources, such as personnel, equipment, funds, and information technology.

c. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contractin g Officer. Upon the Contracting Officer’s request, the Contractor’s employees shall be fingerprinted or subject to other investigations as required. All Contractor employees requiring recurring access to government facilities or access to CUI or information resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

d. The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

e. Work under this contract may involve access to CUI. The Contractor shall access and use CUI only for the purpose of furnishing advice or assistance directly to the Government in support of the Government’s activities, and shall not disclose, orally or in writing, CUI for a ny other purpose to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized to access CUI, the Contractor shall ensure that these persons receive initial and refresher training concerning the protection and disclosu re of CUI. Initial training shall be completed within 60 days of contract award and refresher training shall be completed every 2 years thereafter.

f. The Contractor shall include this clause in all subcontracts at any tier where the subcontr actor may have access to government facilities, CUI, or information resources.

HSAR 3052.240-71 CONTRACTOR EMPLOYEE ACCESS ALT II (HSAR DEVIATION 25-12) (Effective November 3, 2025)

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(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department's Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S.

citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

Foreign Travel and Government-Issued Equipment

Per DHS and FEMA IT policy, FEMA employees and contractors are not authorized to take government-issued equipment, including cell phones, computers, or tablets such as iPads, outside of the United States regardless of the reason for travel. If government-issued equipment is required for official foreign travel, FEMA government employees may request a temporary loaner device through the Mobility Service Center.Office of the Chief Information Officer, Service Center for the duration of their trip. FEMA contractors must contact their contracting officer’s representative (COR) for further guidance.

If your device is detected as operating outside of the United States and its territories it will be disabled, and your information will be forwarded to the Office of Professional Responsibility for review.

Background Investigations

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. (also reference Facility Access).

Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a Low-Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

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Moderate Risk

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk

Contractor personnel occupying positions or performing functions with a High-Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing.

The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if: the investigation was completed within the last five years, it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract, the contractor personnel have not had a break in employment since the prior favorable adjudication, and, FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the National Background Investigation Services (NBIS) e-Application (eAPP) online system and instructions for submitting the necessary information:

Standard Form 85P, “Questionnaire for Public Trust Positions”

Optional Form 306, “Declaration for Federal Employment”

SF 87, “Fingerprint Card” (2 copies)

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DHS Form 11000-6, “Non-Disclosure Agreement”

DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the National…