08.08_Attachment_1_-_SOW_06.07.19.pdf

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

Office of the Principal Legal Advisor Denver Office of Chief Counsel

Statement of Work June 09, 2019

1. 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) located in Denver, CO.

1.1 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 Denver OCC requires courier services to transport secured containers between the Denver Customs and Immigration Service (CIS) Building, Executive Office for Immigration Review Office (EOIR), and the Chief Counsel Office. The files and documents being transported contain information that is sensitive but not classified.

OPLA’s Denver OCC requires courier services to transport sealed boxes. The files and documents being transported contain information that is sensitive but not classified.

2. REQUIREMENT

2.1 General. The contractor shall retrieve sealed containers load and transport in accordance with this SOW.

Pickup will typically consist of 2-7 locked bins weighing up to 100 pounds each. 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.

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. This includes, but is not limited to, transporting materials in a locked, enclosed vehicle.

The contractor shall provide an employee dedicated to the route. This will help to eliminate the need for Denver OCC personnel to have to continuously provide instruction to courier personnel on the delivery/pick up of materials.

2.2 Detailed Tasks.

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

2.2.2.1 AM Schedule -

• Deliver/pick up at 12484 E. Weaver Place, Denver, CO (No later than 8:00 a.m.)

• Deliver/pick up at 12445 E. Caley Ave, Centennial, CO 80111

• Deliver/pick up at 1961 Stout St., Denver, CO (3rd floor) – (No later than 10:00 a.m.)

• Deliver/pick up at 12445 E. Caley Ave, Centennial, CO 80111

• Deliver at 12484 E. Weaver Place, Denver, CO (No later than 11:00 a.m.)

2.2.2 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

2.2.3 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 on the 5th day of each month. The first delivery shall occur during the second month of performance and continue through contract performance. The contractor shall deliver an electronic copy of the log to the

Denver OCC POC, or available office personnel, with a daily delivery receipt verifying all deliveries.

3. GOVERNMENT FURNISHED PROPERTY

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

4. PERIOD OF PERFORMANCE

The period of performance will consist of one (1) twelve-month base period and four (4) twelve-month option periods for a duration of sixty months.

5. 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.

5.1 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

5.2 Kristine McDowell, Mission Support Specialist

12445 E. Caley Ave Centennial, CO 80111

(303) 784-6535 Kristine.mcdowell@dhs.gov

6. SECURITY REQUIREMENT

REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACTS

SECURITY REQUIREMENTS

GENERAL

The Department of Homeland Security (DHS) 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.

SUITABILITY DETERMINATION

DHS 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. DHS may, as it deems appropriate, authorize and make a favorable decision based on preliminary security checks. The favorable decision will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable decision shall not be considered as assurance that a favorable full employment suitability authorization will follow as a result thereof. The granting of a favorable decision or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty (EOD) and/or access sensitive information or systems without a favorable decision or final 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 decision or final determination by the OPR-PSU. Contract employees are processed under the DHS 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 Officers Representative (COR), no less than 5 days before 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 85, “Questionnaire for Non-sensitive Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies)

2. FD Form 258, “Fingerprint Card” (2 copies)

3. Foreign National Relatives or Associates Statement

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

Pursuant to the Fair Credit Reporting Act”

5. Optional Form 306 Declaration for Federal Employment (applies to contractors as well)

6. Authorization for Release of Medical Information

Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Defense Industrial Security Clearance Office (DISCO) 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 that five years old and the subject has not had a break in service of more than two years.

Required forms will be provided by DHS 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 if it involves access to DHS IT systems and the information contained therein, to include, the development and / or maintenance of DHS IT systems; or access to information contained in and / or derived from any DHS 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 may require reinvestigations when derogatory information is received and/or every 5 years.

DHS 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 DHS 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 report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR. 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 notify OPR-PSU of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated 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.

EMPLOYMENT ELIGIBILITY

The contractor shall 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 OPLA Offices to point of destination, i.e. court houses or other ICE Offices and back to the originating OPLA 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 OPLA Office is Escorted or Unescorted.