1.1.4-Performance Work Statement.pdf

DEPARTMENT OF HOMELAND SECURITY

IMMIGRATION AND CUSTOMS ENFORCEMENT

OFFICE OF ASSET AND FACILITIES MANAGEMENT

PROJECT AND FACILITIES MANAGEMENT SUPPORT SERVICES

DRAFT PERFORMANCE WORK STATEMENT

11/07/2024

1.0 GENERAL

The North American Industry Classification System (NAICS) for this procurement has been determined to be 541611, Administrative Management and General Management Consulting Services. Program Management Services has been designated as the appropriate path. Program Management Services includes all services related to leading, facilitating, and ensuring the strategic planning, implementation, coordination, integration, and evaluation of programmatic activities and administrative systems. The General Services Administration, Federal Supply Schedule Task Order will be Firm Fixed Price.

2.0 BACKGROUND

Immigration and Customs Enforcement (ICE), like many other federal agencies, is facing significant challenges in the current environment of uncertain budgets and mission scope expansion. ICE Facilities Management Division (FMD) has a vast National Portfolio which consists of 3 Areas of Responsibility (AOR) for facilities maintenance and small project execution: East AOR (ME,VT, NH, MA, RI, CT, NY, NJ, PA, DE, MD, DC, WV, VA, KY, TN, NC, SC, GA, AL, MS, FL, PR, USVI), Central AOR (MN, WI, IL, MI, IN, OH, KS, NE, IA, MO, TX, NM, LA, OK, AR), and West AOR (MT, WY, ND, SD, UT, CO, WA, OR, ID, AK, CA, NV, AZ, HI, GU, AS). Additionally, FMD is organized to perform enterprise services from the headquarters planning and programming unit that provides support and activities across all three AORs, specifically:

budgeting and finance; direct leasing; major projects planning and execution; and environmental services. ICE continues to suffer from constrained budgets leading to insufficient resources to fully support needed project and portfolio management activities. Limited funding and resources have further compounded these issues since project and portfolio managers, executives and support staff needed to take on multiple roles, including roles and scopes of duties that are outside of their core skills and capabilities. This has led to a decline in the time and ability to document and improve processes and procedures, train and mentor new staff, and still deliver the work required to keep commitments to program customers. This dynamic is now further compounded due to the ICE hiring surge activities where FMD is required to undertake hundreds of new facility projects to accommodate the incoming personnel.

Despite these challenges, the executive leadership and execution staff of FMD have made significant strides in creating a Department of Homeland Security (DHS) leading real property management function. Milestones to date include the in-house development of facilities design standards, establishment of work station standards by program and grade that meet DHS guidance, customer conversations, facility condition assessment program development, asset and mission criticality program initiated to establish project prioritization system, the standing-up of in-house functions for budget, funding and lease administration, develop of standard operating procedures, validation of over 100,000 data elements to create the first ever ICE verified Organization and Administration (OA) rent roll, collection of GSA master leases, deployment of a lease management administration tool, absorption of over 200 facility management level staff, establishment of accountable roles and responsibilities as well as stringent internal controls, and improvement of planning, decision making, and responsiveness through data analysis. As a result, ICE received a clean audit opinion on real property and continues to maintain one of best staffs of facility management professionals in DHS.

3.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR will be designated at the time of award.

4.0 SCOPE

The Contractor shall provide facilities/real property portfolio management services to assist OAFM in the sound stewardship, asset management, project management and fiscal management of its portfolio of over 500 leased and owned buildings across the U.S.

and Territories. FMD seeks assistance to achieve several strategic objectives, including:

1) Meet current and emerging operational requirements, while reducing Square Footage and Related Costs of ICE’s real property inventory; 2) Improve timeliness of facilities services and quality of facilities for ICE personnel and mission execution; 3) Transition to a data driven asset management organization for improved business decisions and real property investment strategies for ICE.

4.1 HOURS OF OPERATION

In general, work under this Task Order shall be performed between the core hours of 0800 and 1700 Eastern Time, Monday through Friday with the exception of designated Government holidays for both on-site and off-site locations. There may be occasions when contractor employees must work other than normal business hours, including weekends, to fulfill requirements under this contract.

NOTE: No overtime is authorized on this contract; flexible work schedules can be coordinated in advance on a case-by-case basis and in the event of an emergency with the Government COR. Contractor must obtain approval from the COR PRIOR to performing.

The Contractor shall recognize the following Government holidays and any other Federal Statute, Executive Order, and/or Presidential Proclamation: or any other kind of administrative leave such as acts of God (e.g., hurricanes, snowstorms, tornadoes, etc), Presidential funerals, or any other unexpected government closure. Government recognized holidays: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day.

4.2 PLACE OF PERFORMANCE

The Contractor shall adhere to the following places of performance based on position/description of job title: Budget Analysts (6 personnel) shall support Potomac Center North (PCN) (ICE HQ) at 500 12th Street SW, Washington, DC 20024 (5 days per week/ telework optional with written COR approval). Space Management Specialists (16 personnel) shall support ICE OAFM/FMD National Portfolio within the 3 AORs.

Personnel shall have the flexibility of working remote within the assigned AOR with the approval and written consent of the COR. Senior Financial Analyst (1 person) shall have the flexibility of working remote with the approval and written consent of the COR.

Construction Project Managers (2 personnel) shall support ICE OAFM/FMD National Portfolio across 3 AORs and at the PCN (ICE HQ) at 500 12th Street SW, Washington, DC 20024 (5 days per week/telework optional with written COR approval). Portfolio Managers (4 personnel) shall support PCN (ICE HQ) at 500 12th Street SW, Washington, DC 20024 (5 days per week/ telework optional with written COR approval).

Personnel must be available to physically work in their assigned office.

4.3 PERIOD OF PERFORMANCE.

The period of performance for this award consists of a 12-Month Base Period, which includes a 30-day transition period which begins at the time of award. The award will also include four (4), twelve (12) month option periods, which may be unilaterally exercised by the Government. The Government intends to include an evaluation of pricing in accordance with FAR Clause 52.217- 8 Extension of Services if a contract extension is deemed necessary (total not to exceed 66 months).

4.4 PROTECTION OF INFORMATION.

Work under this Task Order may involve work with sensitive information. All data provided must be protected. All personnel that may have access to sensitive information shall be required to sign a non-disclosure agreement (DHS Form 11000-6) prior to commencing work.

4.5 GOVERNMENT FURNISHED RESOURCES AND EQUIPMENT.

For contractor personnel performing onsite at ICE, a desk, office phone, and networked workstation will be provided. Contractor personnel performing remote work will be provided Government Furnished Equipment (GFE): laptop, cell phone, or comparable PDA device that has connection to their ICE email account if required.

4.6 SECTION 508 COMPLIANCE

Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. For additional information, please refer to FAR

39.2 or http://www.section508.gov.

5.0 SERVICES

FMD recommends a staffing level of sixteen (16) dedicated full-time Space Management Specialist with facility, engineering, architecture and space management experience to perform the current day-to-day management activities for ICE facilities. On an average, each Space Management Specialist will be responsible for managing 20-25 facilities projects in various stages with varying complexities and a facilities footprint between 150,000 sq. ft. and 250,000 sq. ft. Typically, ICE facilities projects have the following phases in their lifecycle but may need fewer or additional tasks depending on the type of the project: Requirements Development, Space Acquisition, Design, Construction, furniture and IT equipment installation, move in and Closeout. These projects most often involve working with the General Services Administration (GSA) as ICE’s broker for leased facilities following the processes established by ICE and GSA for project development and execution but may involve completing facilities projects through the ICE Office of Acquisition Management, following ICE self-execution procedures. FMD recommends a staffing level of four (4) full-time individuals for supporting facilities portfolio planning, reporting and supporting functions. Responsibilities may include the following and other position-related duties as assigned or requested: Support long range strategic planning to include 5-Year planning, related budget, review and analysis, reporting and briefing. Support the portfolio strategy function and project execution staff with data collection, analysis and reporting support, including support for government's project prioritization, collocation, consolidation, asset prioritization, criticality and condition indexing and other measures relating to organizational (ICE) goals, strategic goals and federal mandates, that may impact execution priorities. Assist with preparing project execution plans: gather information and data, analyze, organize, generate and present standard and ad-hoc reports, charts, graphs, briefings, case studies and other correspondence for facilities projects and high-level portfolio analysis. These individuals will provide support for the Lease Administration group to serve as the primary function of data population and data quality in Real Property Management System (RPMS) related to the GSA Leased facility portfolio. Compile and analyze data and prepare reports for government review and submission.

OAFM recommends a staffing level of six (6) full-time individual for supporting facilities budgets and financial analysis in the areas of audit planning, budgeting and http://www.section508.gov/ execution. Responsibilities may include the following and other position-related duties as assigned or requested: Perform specific audit steps under the supervision of a senior auditor. Examine financial records to ensure compliance with internal controls and procedures in accounting. Perform reviews of Audit documents, identify accounting and auditing issues and perform research to solve those issues. Apply concepts of risk assessment and perform tests of internal controls. Support the Audit Readiness, Response and Remediation function through SOP updates, identification of process issues, and development of Management Action Plans (MAPs).

Develop budgets, costs and spend plans; manage and maintain records of commitments, obligations and expenses on facilities projects; perform project accounting, prepare obligation documents, track and coordinate financial obligations; and attend meetings as needed. Prepare and route funding documents for government approval and submission.

Develop and process Reimbursable Work Authorizations (RWAs) through the ICE Program Centralized Funding or ICE Owned Portfolio construction budgets. Develop project approval packages and other necessary documents, Secure approvals, track financial packages, and notify ICE Project Managers of status. Prepare obligation documents, track and coordinate financial obligations. Support verification and validation of specific payables and assist with relevant reconciliation and de-obligation activities.

FMD recommends a staffing level of two (2) full-time Construction Project Manager with facility planning, engineering, architecture and construction experience to support the planning, development, design and delivery of major construction and lease improvement projects for ICE. These projects are larger and more complex than the projects supported by the Space Management Specialist described above and will involve additional planning, project documentation, capital level funding and longer delivery periods. These projects may involve work with other government agencies (e.g., Army Corps of Engineers, GSA, or others) or may involve executing through the ICE Office of Acquisition Management, following the guidelines and processes established by each of those entities.

5.1 TASKS – Facilities Management Support

The contractor shall provide facilities management support in the following areas(s):

1. Space Management Specialists (16 FTEs): Provide capital and real property expertise in representing the ICE Program's interest with regard to leasing and owned portfolio projects. This includes end-to-end space management and customer service to ensure space requirements are met in an efficient and timely manner in order to avoid cost overruns. These projects are in support of other executed contracts for design, construction, federal space, lease, and new build-construct, expansion, renovation, co-location and prospectus projects. Coordinate efforts related to potential projects such as feasibility studies, assessments, and conceptual designs. Support project execution staff, managers and executives to manage project portfolios through the full project lifecycle including requirements, planning, delivery and close-out of facilities projects for new locations, renovations, reconfigurations and dispositions. Specific duties include, but are not limited to:

a. Reviewing documents, estimates, specs and drawings appropriate to the leased and owned portfolios including Space Request Packages, SF-81, Reimbursable Work Authorizations (RWA), and Occupancy Agreements; communication and facilitation of approvals through the ICE Office of Asset and Facilities Management program mission support. As a regular part of the contractor responsibilities is to review architectural, electrical, mechanical and plumbing drawings for compliance with the International Building Code (IBC), ICE facilities guidelines and other federal, state and local standards. It may also include facilitation and communications of project information through the GSA Regional Managers, where necessary.

b. Assist the Program Offices with identifying and translating mission requirements to space requirements.

c. Analyze processes, workflow, and operational concept to determine facilities requirements. Streamline process when need be to reduce bureaucracy.

d. Analyze request for new space and GSA proposals.

e. Assess space requirements against space allocation criteria to include space utilization criteria.

f. Develop project documentation and cost estimates for Program Offices.

g. Prepare status reports for Program Offices and for other data calls (i.e. for the Chief of Facilities Management Division of OAFM).

h. Support and/or Track Prospectus Lease Development and/or submissions.

i. Ensure documents meet U.S. ICE, GSA and the Customer requirements.

j. Review Prospectus Cost Estimates and information needed for GSA and/or OMB approval. Participate as Technical Representative for U.S. ICE Liaison with

GSA.

k.Provide professional expertise to the Chief, FMD, Office of Asset and Facilities Management on GSA space acquisition, USACE construction program, Co- Location, Federal Real Property compliance, design and construction process(s) pertaining to agency space allocations, requirements and program/project implementation.

2. Portfolio Manager- (4 FTEs): Assist OAFM in developing the 5-Year real property facility investment plan for each major ICE Program to include HSI, ERO, OPLA, OPR and M&A as well as the ICE Facilities Capital Investment Plan; related budget by fiscal year by program; establishing a priority order for project execution based on industry standards such mission criticality, condition and strategic goals for ICE or DHS. Figure out the deficit by fiscal year and suggest ways to mitigate. Facilitate the linkage of initiatives and identify where improvements or process changes result in impacts on other parts of the business.

Lead FMD and portfolio-level strategic and ad-hoc initiatives to improve organizational effectiveness. Support long range strategic planning to include 5- Year plan for each Program, related budget by fiscal year, review and analysis, reporting and briefing. Support the portfolio strategy function and project execution staff with data collection, analysis and reporting support, including support for government's project prioritization, appropriate system for prioritization, such as mission criticality index, facility condition index, collocation and consolidation opportunities, and other measures relating to organizational (ICE) goals, strategic goals and federal mandates. Support the Lease Administration team which serves as the primary function of data population and data quality in RPMS related to the GSA Leased facility portfolio. Compile and analyze data and prepare reports for government review and submission.

3. Budget Analyst- (6 FTEs): Provide management, budget analysis and reporting.

Prepare and route funding documents for government approval and submission.

Develop and process Reimbursable Work Authorizations (RWAs) through the ICE Program Centralized Funding or ICE Owned Portfolio construction budgets.

Develop project approval packages and other necessary documents, Secure approvals, track financial packages, and notify ICE Project Managers of status.

Prepare obligation documents, track and coordinate financial obligations. Support verification and validation of specific payables and assist with relevant reconciliation and de-obligation activities. Support the Audit Readiness, Response and Remediation function through SOP updates, identification of process issues, and development of management action plans (MAPs).

4. Construction Project Managers- (2 FTEs): Provide support to the Major Project Section of FMD for the following: Develop project planning documents, including business cases, cost estimates and analysis of alternatives for capital/major facilities projects; Develop project concept designs, review on field studies, engineering studies, and feasibility studies for major projects; Develop input to solicitation packages for architect and engineering studies and design efforts for major project; Develop project solicitation packages to support major construction projects that are executed through ICE Office of Acquisition Management and other government agencies (e.g., U.S. Army Corps of Engineers or Bureau of Prisons, etc.); Develop project requirements and support project planning documents for GSA execution; and, provide support to oversee the execution and delivery and closeout of major projects across all AORs.

5. Senior Financial Analyst-(1 FTE): Provide oversight of budget analysts work products and reporting. Supervises preparation and routing of funding documents for government approval and submission. Supervises the develop and process Reimbursable Work Authorizations (RWAs) through the ICE Program Centralized Funding or ICE Owned Portfolio construction budgets. Supervises the develop of project approval packages and other necessary documents, Secure approvals, track financial packages, and notify ICE Project Managers of status. Supervises the preparation of obligation documents, tracks and coordinates financial obligations.

Supervises the verification and validation of specific payables,

5.2 CRITICAL MEASURES OF SUCCESS

1. Improved Asset Utilization / Efficiency – Support FMD to reduce square footage, required capital project funding, rent and other ongoing operating costs through improved portfolio and project management.

2. Customer Service Excellence – Help FMD meet and exceed customer demand for deployment of innovative space design program, and more responsive and proactive portfolio and project management.

3. Robust Operational Efficiency – In coordination with internal and external partners, FMD must justify and deploy the right technical staff and systems to meet the needs of ICE’s real property portfolio.

6.0 KEY PERSONNEL

a. Contractor personnel designated as “Key Personnel” by the Government require

Government acknowledgement prior to replacement. The Contractor shall submit a written notice of intent to replace the Key Personnel along with the resume of the proposed replacement(s) to the CO a minimum of ten (10) business days prior to the proposed date of change. All proposed replacement(s) shall possess qualifications equal to or superior to those of the Key Personnel being replaced. The Government may designate additional contractor personnel as Key in specific calls.

b. The quality and the caliber of the team suggested, their level of relevant experience, qualifications, credentials, similar experiences on projects for law enforcement agencies and/or facilities such as detention centers, and experience dealing with GSA for space leasing. Names and resumes submitted for team evaluation cannot be substituted later, if the offeror gets the award, unless approved by the COTR to ensure the same caliber / level of experience.

c. The Key Personnel are identified as follows:

1) Portfolio Management Lead

2) Space Management Lead

3) Budget Analyst Lead

4) Senior Financial Analyst

6.1 PORTFOLIO MANAGEMENT LEAD

The Portfolio Management Lead will be responsible for management and performance of all work under this Task Order. The Portfolio Management Lead shall be the primary point of contact for the ICE/OAFM/FMD Program and Program mission support. The Portfolio Management Lead should be aware of, understand, and abide by DHS (Headquarters) and ICE established rules, regulations, and safety practices as well as have an in-depth understanding of ICE Program mission requirements and priorities.

The Portfolio Management Lead will have at minimum:

Seven (7) years of experience managing programs/projects similar to the areas identified for this role.

Ten (l0) years of supervisory experience Seven (7) years of federal asset and facilities management experience

Five (5) years of experience in managing programs with complex facility projects, budgets, and processes.

Three (3) years of experience with advanced data analytics tools.

Possess a bachelor’s degree from an accredited university in the field of either engineering, architecture, business, or Possess a current Project Management Professional (PMP) certification, certified by the Project Management Institute (PMI) or equivalent institution, or Professional Engineer (PE) license or Architectural Registration (license).

The Portfolio Management Lead shall be available between the hours of 0800 and 1700 Eastern Time, Monday through Friday with the exception of designated federal holidays and shall respond within I hour notification for discussions and resolutions of problems.

Contractor employees may be required to be on site during weekends or after hours in the case of a project related emergency. The Portfolio Management Lead shall act for ICE in the daily operation, to further and achieve ICE goals, except where there are signatures and approvals needed.

The Portfolio Management Lead shall be versed in computer programs such as RPMS, which are used to track real property.

The Portfolio Management Lead is designated as "key" personnel.

The Portfolio Management Lead shall be able to read, write, speak, and understand English fluently, and shall be a citizen or legal resident of the United States.

6.2 SPACE MANAGEMENT LEAD

The Space Management Lead shall be skilled in the areas of facility space management and will possess deep experience in and knowledge of ICE space management processes, procedures, and systems. The Space Management Lead shall demonstrate deep understanding of the ICE Program's missions and their corresponding facility requirements and will have a track record of delivering complex, mission-enabling facility projects.

The Space Management Lead will have at minimum:

Five (5) years of experience managing programs/projects similar to the areas identified for this role

Five (5) years of supervisory experience Five (5) years of experience with managing facility projects with specialized mission requirements; experience with planning, design and construction; developing and reviewing architectural, interior design and engineering plans, specifications and cost estimates.

Experience developing space plans, furniture plans, assessing and managing space requests/requirements against space allocation and utilization criteria

Possess a degree from an accredited university in the field of either Engineering or architecture Possess a current Project Management Professional (PMP) certification, certified by the Project Management Institute (PMI) or equivalent institution; or Professional Engineer (PE) license or Architectural Registration (license).

The Space Management Lead shall be available between the hours of 0800 and 1700 and shall respond within I hour notification for discussions and resolutions of problems.

Contractor employees may be required to be on site during weekends or after hours in the case of a project related emergency. The Space Management Lead shall act for ICE in the daily operation, to further and achieve ICE goals, except where there are signatures and approvals needed.

The Space Management Lead shall be versed in computer programs such as RPMS, which are used to track real property.

The Space Management Lead is designated as "key" personnel.

The Space Management Lead shall be able to read, write, speak, and understand English fluently, and shall be a citizen or legal resident of the United States.

6.3 BUDGET ANALYST LEAD

The Budget Analyst Lead shall be skilled in the areas of budgeting, finance, and business operations. The Budget Analyst Lead will be responsible for enforcing work standards across the Budget & Business Operations Team.

The Budget Analyst Lead will have at minimum:

Five (5) years of experience managing programs/projects similar to the areas identified for this role, real property management in the federal government.

Seven (7) years of supervisory experience Experience in assisting government agencies in the subject area of audit Familiarity with budget and finance function related to real property management in the federal government.

Expertise in business process improvement related to infrastructure and construction within the federal government Possess a Bachelor degree from an accredited university in the field of either civil engineering, architecture, or business or a MBA (Master of Business Administration).

Possess a current Project Management Professional (PMP) certification, certified by the Project Management Institute (PMI), or Professional Engineer (PE) license or Architectural Registration (license).

The Budget Analyst Lead shall be available between the hours of 0800 and 1700 Eastern Time, Monday through Friday with the exception of designated federal holidays and shall respond within I hour notification for discussions and resolutions of problems.

Contractor employees may be required to be on site during weekends or after hours in the case of a project related emergency. The Budget Analyst Lead shall act for ICE in the daily operation, to further and achieve ICE goals, except where there are signatures and approvals needed.

The Budget Analyst Lead shall be versed in computer programs such as RPMS, which are used to track real property.

The Budget Analyst Lead is designated as "key" personnel.

The Budget Analyst Lead shall be able to read, write, speak, and understand English fluently, and shall be a citizen or legal resident of the United States

6.4 SENIOR FINANCIAL ANALYST

The Senior Financial Analyst shall be skilled in the areas of budgeting, finance, financial analysis and business operations. The Senior Financial Analyst will be responsible for enforcing work standards across the Budget & Business Team.

The Senior Financial Analyst will have at minimum:

Five (5) years of experience managing financial obligations and commitments concerning programs/projects similar to the areas identified for this role, real property financial management in the federal government.

Seven (7) years of supervisory experience Experience in assisting government agencies in the subject area of audits Familiarity with budget and finance function related to real property management in the federal government.

Expertise in business process improvement related to infrastructure and construction within the federal government Possess a bachelor’s degree from an accredited university in the field of either civil engineering, architecture, or business or a MBA (Master of Business Administration).

Possess a current Project Management Professional (PMP) certification, certified by the Project Management Institute (PMI), or Professional Engineer (PE) license or Architectural Registration (license).

The Senior Financial Analyst shall be available between the hours of 0800 and 1700 and shall respond within I hour notification for discussions and resolutions of problems.

Contractor employees may be required to be on site during weekends or after hours in the case of a project related emergency. The Senior Financial Analyst Lead shall act for ICE in the daily operation, to further and achieve ICE goals, except where there are signatures and approvals needed.

The Senior Financial Analyst shall be versed in computer programs such as RPMS, which are used to track real property.

The Senior Financial Analyst is designated as "key" personnel.

The Senior Financial Analyst shall be able to read, write, speak, and understand English fluently, and shall be a citizen or legal resident of the United States

6.5 EMPLOYEE IDENTIFICATION

Visiting Contractor employees shall wear an identification badge that is approved and provided by security when visiting Government facilities. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and always display all identification and visitor badges in plain view above the waist.

6.6 EMPLOYEE CONDUCT

Contractor employees shall present a professional appearance at all times. Their conduct shall not reflect discredit upon the United States and Immigration and Customs Enforcement.

6.7 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion, remove any Contractor employee from ICE facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this Task Oder. The Contracting Officer will provide the Contractor with a written explanation to support any removal or request to remove an employee.

7.0 SECURITY REQUIREMENTS FOR PERSONNEL

Performance of this Task Order requires that Contractor personnel meet the minimum-security clearance or investigation requirements of Immigration and Customs Enforcement (ICE). All Contractor personnel shall be U.S. citizens. There shall be no exceptions to this policy.

7.1 GENERAL

The Department of Homeland Security (DHS) has determined that performance of the tasks as described requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following:

7.2 PRELIMINARY DETERMINATION

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement – Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204- 70, Security Requirements for Unclassified Information Technology (IT) Resources;

and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

7.3 BACKGROUND INVESTIGATIONS

Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees, whether a replacement, addition, subcontractor employee, or vendor employee, shall submit the following security vetting documentation to OPR-PSU, in coordination with the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by applicant in their OPM e-QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of Questionnaire (e-signature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by applicant in their OPM e-QIP account.

3. Two (2) SF 87 (Rev. March 2013) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU)

4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

7. Two additional documents may be applicable if applicant was born abroad and/or if work is in a Detention Environment. If applicable, additional form(s) and instructions will be provided to applicant.

Prospective Contractor employees who currently have an adequate, current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit a complete security packet. Information on record will be reviewed and considered for use under Contractor Fitness Reciprocity if applicable.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years.

Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR- PSU as notified via the COR.

Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information.

The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system.

7.4 TRANSFERS FROM OTHER DHS CONTRACTS:

Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an e-QIP Worksheet will be submitted to the Intake Team to initiate a new investigation.

Transfers will be submitted on the COR Transfer Form which will be provided by OPR- PSU along with other forms and instructions.

7.5 CONTINUED ELIGIBILITY

If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract.

The OPR-PSU may require drug screening for probable cause at any time and/or when the contractor independently identifies, circumstances where probable cause exists.

The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

ICE reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract.

7.6 CONTRACTOR EXIT PROCESS

The Contractor will notify OPR-PSU, via the COR, of terminations/resignations of contract employees under the contract within five days of occurrence. The Contractor shall submit ICE Form 50-005 Contractor Employee Separation Clearance Checklist, via the COR, with employee signature and dated prior to the last day of the employee’s departure. The Contractor will return any ICE issued identification cards and building passes, of terminated/ resigned employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU, via the COR, as soon as possible.

Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, via the COR, a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation). The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

7.7 EMPLOYMENT ELIGIBILITY

The contractor will agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization.

The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represent the best means currently available for employers to verify the work authorization of their employees.

The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees.

Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The mailto:psu-industrial-security@ice.dhs.gov

Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

7.8 SECURITY MANAGEMENT

The Contractor shall appoint a senior official to act as the Corporate Security Officer.

The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor.

The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

The following computer security requirements apply to both Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department.

7.9 INFORMATION TECHNOLOGY SECURITY CLEARANCE

When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

7.10 INFORMATION TECHNOLOGY SECURITY TRAINING AND

OVERSIGHT

All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS.

In accordance with Chief Information Office requirements and provisions, all contractor employees accessing Department IT systems or processing DHS sensitive data via an IT system will require an ICE issued/provisioned Personal Identity Verification (PIV) card.

Additionally, Information Assurance Awareness Training (IAAT) will be required upon initial access and annually thereafter. IAAT training will be provided by the appropriate component agency of DHS.

Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security.

All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO).

8.0 REPORTS

8.1 GENERAL REPORT REQUIREMENTS

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with ICE applications (currently Microsoft Office 2010). All associated source files shall be included as applicable (e.g., embedded files, etc.). Should upgrades in software occur, the Contractor shall make all reasonable efforts to match the Government systems as soon as possible. All presentations shall be in the standard ICE format as supplied by the COR or CO. An internal weblink will be provided after award.

8.2 PROGRESS REPORT

The Contractor shall provide a monthly progress report to the Contracting Officer and COR via electronic mail by the 15th business day after the end of the month. The report shall include a summary of all Contractor work performed, including an assessment of technical progress, schedule status, and any changes, concerns or recommendations from the Contractor

8.3 PROTECTION OF INFORMATION

Work under this Task Order may involve work with sensitive information. All data provided must be protected. All personnel that may have access to sensitive information shall be required to sign a non-disclosure agreement (DHS Form 11000-6) prior to commencing work.

8.4 DELIVERABLES.

Deliverables will be determined per call, but will generally include Progress Report, and Quarterly Reports.

Item PWS Deliverable Due By

1 8.2 Monthly Report Report shall be submitted on monthly basis 15 business days after the end of the month.

9.0 GOVERNMENT FURNISHED PROPERTY

For contractor personnel performing onsite at ICE, a desk and networked workstation will be provided.

For contractor personnel not onsite at ICE, a hoteling workstation will be provided on the days that attendance is required at ICE.

Contractor personnel will be provided with an cell phone or comparable PDA device that has connection to their ICE email account if required.

10.0 CONTRACTOR FURNISHED PROPERTY

The contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this award, except for the Government Furnished Resources specified above.

11.0 TRAVEL

Travel may be required to support this Task Order. All travel required by the Government outside the local commuting area(s) (within a 50-mile radius) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of any travel events. A copy of all travel receipts will be provided to the COR at time of invoice.

12.0 QUALITY CONTROL

The contractor shall establish and maintain a complete Quality Control Plan. This plan shall include expected services delivered, contractor procedures for review of delivered services and other items that may have impact on the performance of this contract.