08.02_Attachment_1_-_SOW-Salt_Lake_City_Courier_6-14-18.pdf

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement Office of the Principal Legal Advisor (OPLA) and Enforcement and Removal Operations (ERO) Salt Lake City Courier Services

Statement of Work August 2, 2018

1. BACKGROUND

The Office of the Principal Legal Advisor (OPLA) provides the legal advice, training, and services required to support the ICE mission while defending the immigration laws of the United States in the administrative and Federal courts. Pursuant to section 442 (c) of the Homeland Security Act, OPLA is the exclusive legal representative for ICE and the DHS legal component authorized to represent the government in all exclusion, deportation, and removal proceedings before the Executive Office of Immigration Review (EOIR). As the legal representative for the U.S. Government at immigration court hearings, OPLA attorneys handle a variety of immigration-related issues that range from contested removals to custody determinations to applications for administrative relief. Most of the hearings involve criminal aliens, terrorists, and human rights abusers, among others.

OPLA’s Salt Lake City Sub-Office requires courier services to transport secured containers between the Salt Lake court building and the Chief Counsel Office. The files and documents being transported contain information that is sensitive but not classified.

2. SCOPE

This Statement of Work (SOW) describes the effort required for courier services. The contractor shall provide all personnel, equipment, tools, materials, supervision and other items deemed necessary to transport A-files and/or documents between Offices of Chief Counsel (OCC) and the court building located in Salt Lake City, UT.

3. REQUIREMENT

3.1 General.

The contractor shall retrieve sealed containers, load and transport them in accordance with this

SOW.

Pickup will typically consist of 3-8 locked bins weighing up to 70 pounds each. Approximate bin size: 21-7/8" x 15-1/4" x 12-7/8". The transportation of all bins shall be accomplished during the required times.

The contractor shall become familiar with and comply with the entrance and exit procedures for each location. To insure the time schedules are met as described in the Statement of

Work, it is suggested that the vendor limit the number of drivers provided for execution of this contract so as to promote efficiency and familiarity with the work to be performed. Also, it is recommended that the driver be adequately prepared with the appropriate equipment and vehicle capable of managing the handling and transport of the locked bins.

The contractor shall not open the locked bins, read or peruse through any materials or documents, or remove any documentation from the bins at any time. The contractor shall secure the contents of the bins at all times and take all necessary precautions to protect against theft, loss or damage.

Daily Schedule: The contractor shall perform the courier services Monday through Friday, with the exception of the Federal Holidays listed in paragraph 2.3 or when the Federal buildings are closed for other reasons beyond the control of OPLA OCC or ERO.

3.2 Route/Schedule

• Pick up at 660 S. 200 E., Suite 400, Salt Lake City, UT 84111

• Deliver/pick up at 2975 S. Decker Lake Dr., West Valley City, UT 84119

• Return to 660 S. 200 E., Suite 400, Salt Lake City, UT 84111

The first pickup shall occur at approximately 7:30 am and the last drop off shall be completed by 10:00 am.

3.3 Federal Holidays

The contractor is not required to perform services on the legal holidays observed by ICE and identified below. Any legal holiday falling on a weekend may be observed on the Friday prior or the Monday following at the Agency’s discretion. Some holidays may include more than one day. For those subsequent days, courier services will not be required.

New Years Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

3.4 Daily Activity Log

The contractor shall develop and maintain a daily activity log to track the activities between the designated locations. The log shall contain the date, time and signature of a Government representative for each pick-up and delivery. The contractor shall provide a copy of the log to the Government. The log shall be delivered on a monthly basis by the 5th working day of each month. The first delivery shall occur during the second month of performance and continue through contract performance. The contractor shall submit a copy of the log to the Salt Lake City & Denver OCC POC’s, or available office personnel, with a daily delivery receipt verifying all deliveries.

3.5 Insurance and Bonding

The contractor shall be appropriately insured and bonded according to commercial practices for couriers of legal documents, sensitive but unclassified information. The contractor shall maintain minimum insurance liability requirements in the state of operations for the services mentioned herein.

4. GOVERNMENT FURNISHED PROPERTY

The government will provide locked bins to transport files between the designated locations.

The contractor must provide all equipment such as dollies, vehicles, and fuel necessary for standard courier services. The contractor will be responsible at all times for protecting the bins/files from rain and other climate elements.

5. PERIOD OF PERFORMANCE

The period of performance will consist of one (1) twelve-month base period and four (4) twelve-month option periods and the option to extend services for up to six months.

6. GOVERNMENT POINTS OF CONTACT

In the event the contractor encounters problems that may prevent the completion of the required services, the contractor shall immediately notify the Government POC.

6.1 Marilyn Doty, Management and Program Analyst

ICE/OPLA Mission Support, Dallas 7701 N. Stemmons Freeway, 8th floor Dallas, TX 75247

(214) 905-5521 marilyn.l.doty@ice.dhs.gov

6.2 Kristine McDowell, Mission Support Specialist

Denver Office of the Chief Counsel (OCC)

DHS/ICE/OPLA

12445 E. Caley Ave Centennial, CO 80111 303-784-6535 Kristine.s.mcdowell@ice.dhs.gov

6.3 Emilee Hopkin, Mission Support Specialist

DHS/ICE/ERO

2975 Decker Lake Dr., #100 West Valley City, UT 84119-6096 801-866-7437 mailto:marilyn.l.doty@ice.dhs.gov mailto:Kristine.s.mcdowell@ice.dhs.gov

Emilee.a.hopkin@ice.dhs.gov

7. SECURITY REQUIREMENTS

REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract 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.

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.

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 shall submit the following completed forms to the Personnel Security Unit through the Contracting Offices Representative (COR), no less than 35 days before mailto:Emilee.a.hopkin@ice.dhs.gov the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) Archival Copy. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

2. Signature Forms generated from e-QIP database upon completion of

Questionnaire. (e-signature acceptable) (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

3. SF 87 (Rev. March 2013), “Fingerprint Card” (Two Original Cards to COR for forwarding to PSU)

4. Foreign National Relatives or Associates Statement. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

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

Pursuant to the Fair Credit Reporting Act” (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

6. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

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 complete security packages, and the investigation will be accepted for adjudication under reciprocity.

An adequate and current investigation is one where the investigation is not more than five years old and the subject has not had a break in service of more than two years.

Required forms will be provided by ICE at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract.

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.

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 eQip 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 the Dallas PSU Office along with other forms and instructions.

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 and 5 CFR 3801, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract.

REQUIRED REPORTS

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 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

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

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.

Contracts will have statements in them which indicated each individual contract applicant must sign the DHS 11000-6 Non-Disclosure Agreement. The DHS 11000-6 will be provided to the contractor by OAQ as part of the contract paperwork.

Locking Bins will be used to transport all PII material, i.e. A-Files, court records, case files, etc., from ERO Offices to point of destination, i.e. court houses or other ICE Offices and back to the originating ERO Office. The requirement for the use of the Bins (name, type) will be stated in the Courier Contract.

Contract language must indicate whether access to an ERO Office is Escorted or Unescorted.