Elizabeth_Courier_PWS_-_August_2018.pdf

DEPARTMENT OF HOMELAND SECURITY

Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA)

Courier Service for the Chief Counsel Office, Elizabeth Sub-Office, Newark, NJ Performance Work Statement (PWS)

August 2018

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.

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.

Objective:

ICE/OPLA’s Newark, NJ, Office of the Chief Counsel (OCC) requires courier service to transport files and/or documents between the Elizabeth, NJ, sub-office and the courts located at the Elizabeth, NJ, Detention Center. The government anticipates issuing a contract/order for one base year with up to four additional option years (The total period of performance will not exceed five years). Services will begin once a signed contract document is awarded by the ICE Office of Acquisition Management (OAQ).

Scope of Work:

1) Pick up locked file bins containing files and/or mail at the ICE/OPLA office located at 20

Washington Place, Newark, NJ, 07102. The government will provide the locked bins.

Each (stackable) bin is approximately 22” long X 15” wide X 13” deep. Pickup will be made at the office between 6:45am and 7:15am daily, Monday through Friday, except Federal holidays. Pickup will typically consist of up to 10 locked bins containing legal files and/or mail, each weighing approximately 30-50 lbs. There rarely may be occasions where more than 10 bins must be delivered.

2) Bins are to be delivered to USICE/OPLA located at the Elizabeth Detention Center, located at 625 Evans Street, Room 135, Elizabeth, NJ, 07201. Delivery must occur on or before 7:30am.

3.) The courier will then, at the time of delivery to the Elizabeth Detention Center, pickup up to 10 locked bins containing legal files, each weighing approximately 30-50 lbs to be directly delivered back to the 20 Washington Place address. This delivery must be made no later than 8:15am. There rarely may be occasions where more than 10 bins must be delivered.

The building on at 20 Washington Place is a Federal building. Parking may be severely limited at this location. This building does provide a loading dock. The file bins will be run through an x-ray machine and the courier will be subject to a security screening process to include passing through a magnetometer. This process could take several minutes.

Parking at the Elizabeth Detention Center will not be an issue, as ample free parking is available. The file bins will be run through an x-ray machine. The government anticipates providing access codes to the driver once that driver obtains a suitable security clearance from the government. This should make access at the Detention Center less cumbersome.

Holidays:

Following are legal holidays observed by ICE. No service will be required on these days:

New Years Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veteran’s Day Memorial Day Thanksgiving Day (but not the day after) Independence Day Christmas Day

Note: Any holiday falling on a weekend may be observed on the Friday prior or the Monday following at the Agency’s discretion. Some holidays will include more than one day. For those subsequent days, pick-ups/retrieval will not occur.

Furloughs/Government Shutdown:

The proposed contract will be “Firm Fixed Price.” This will require the contractor to provide the stated services on days where government offices may be closed to the public due to a government furlough/shutdown situation. During such times, the government will have essential personnel at each pickup and delivery location so that the pickup and delivery of file bins can continue.

Insurance and Bonding:

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

Contractor Requirements:

Except for the locked bins mentioned above, the selected contractor will be responsible for providing all equipment such as dollies etc…, vehicles, and fuel necessary for standard courier services. The contractor will be responsible for any parking related charges, if necessary. The selected vendor will be responsible, at all times, for protecting the bins/files from rain and other climate elements.

The selected vendor will be required to register with the System for Award Management (SAM) prior to award via https://sam.gov/portal/SAM/#1.

Personnel:

a. The Contractor shall provide a point of contact name and telephone number to the ICE/OPLA Newark POC:

OPLA Newark POC:

Theresa Hugie Immigration and Customs Enforcement/OPLA 970 Broad Street, room 1104B Newark, NJ, 07102 973-776-5421

CONTRACTING OFFICER’S REPRESENTATIVE (COR):

Doyle Morton Immigration and Customs Enforcement/OPLA Mission Support, Dallas 7701 North Stemmons Freeway, 8th Floor Dallas, TX 75247 214-905-5460 Doyle.L.Morton@ICE.DHS.gov

b. In the event the contractor encounters problems that may prevent them from completing the scheduled work, they shall immediately call Doyle Morton at the ICE/OPLA Mission Support Division office at (214) 905-5460.

c. Contractor personnel shall be required to pass background checks as described below.

Period of Performance:

The period of performance will consist of a base year period beginning at the time the order is awarded and continuing for 12 months with up to four (4) one-year option periods. Period of performance will not exceed five years without these services being recompeted.

Billing/Invoicing:

The vendor will invoice monthly in arrears. Invoices will be submitted to the ICE Burlington Finance Center for payment. Billing instructions will be included on the award document.

Points of Contact:

Doyle Morton, Program POC Contracting Officer’s Representative (COR) Management & Program Analyst OPLA Mission Support Division Immigration and Customs Enforcement 7701 N Stemmons Freeway Dallas, TX 75247 Telephone: (214) 905-5460 Doyle.l.morton@ice.dhs.gov

Enclosure 1 - SBU Security Language to Industrial Security SOP

This Security Language is to be used for Sensitive But Unclassified Contracts

There are ten sections to this document. Do not alter this language by modifying any section.

If additional contract requirements language is required it will be added as a separate paragraph which is not associated with this Security Language.

Language last modified 3/17/2016 to describe documents required for vetting which match notification e-mail being sent to applicants. (this is now superseded with the 1/1/2017 update)

Language last modified 5/2/2016 to clarify that required reports are to be submitted via the COR.

Language last modified 1/1/2017 to describe electronic security packet submission.

REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS

SECURITY REQUIREMENTS

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, 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

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

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.

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 OPR-PSU 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, 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.

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.

INFORMATION TECHNOLOGY

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).

INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

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).