Attachment_1-_SOW-_York_Courier_Service.pdf

DEPARTMENT OF HOMELAND SECURITY

Immigration and Customs Enforcement (ICE)

Office of the Principal Legal Advisor, Philadelphia (OPLA Philadelphia) Courier Service for the York (Sub) Office

Statement of Work (SOW) June 2019

Background:

Pursuant to section 442(c) of the Homeland Security Act, the Office of the Principal Legal Advisor (OPLA) is the U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) legal component, exclusively authorized to represent the U.S.

Government in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review (EOIR). In this capacity, OPLA attorneys handle cases before EOIR’s Office of the Immigration Court and the Board of Immigration Appeals, where the legal issues range from custody determinations, to removability, to applications for relief or protection from removal. EOIR has immigration courts located throughout the United States, including Philadelphia and York, PA. The OPLA Philadelphia York sub-office litigates cases before EOIR-York, which handles all hearings for detained aliens arising within the Philadelphia area of responsibility (AOR).

Objective:

OPLA Philadelphia (York) requires the Contractor to transport files, documents and office supplies between its new office, located at 2350 Freedom Way, Suite 254 York, PA 17402, and its satellite office located in York County Prison, 3400 Concord Road, York, PA 17402. The Government anticipates issuing a contract/order for one (1) base year, with up to four (4) additional optional years. The total period of performance will not exceed five (5) years.

Services will begin once a signed contract is awarded by the ICE Office of Acquisition Management (OAQ).

Scope of Work:

1. Pick up locked bins containing files, documents and/or supplies at the OPLA York office (York Office) located at 2350 Freedom Way, Suite 254 York, PA 17402. The government will provide the locked bins. Each (stackable) bin is approximately 22” long, 15” wide, 13” deep (22’’x 15’’x 13’’). Pick-up from the York Office will occur at approximately 2:00 p.m. daily, Monday through Friday, except Federal holidays. Pick-up will typically consist of one (1) to fifteen (15) locked bins containing legal files and documents, each weighing approximately 30-70 lbs.

2. The locked bins are to be delivered to the OPLA (York) satellite office (Satellite Office) located at York County Prison, 3400 Concord Road, York, PA 17402. Delivery will occur between 2:30 p.m. and 2:45 p.m. Additionally, the contract employee will pick up one (1) to fifteen (15) locked bins containing legal files and documents, each weighing approximately 30-70 lbs., to be directly delivered to the York Office.

Access to the Satellite Office will be through the prison’s visitor’s entrance.

Upon entering the prison, the contract employee will be required to present his/her ID to a prison official to gain admission to the Satellite Office. The contract employee’s access to the prison and Satellite Office will only be permitted during the hours of 8:00 a.m. through 4:00 p.m.

3. The locked bins picked up from the Satellite Office are to be delivered to the York Office between 3:15 p.m. and 3:30 p.m.

4. Pick up and drop off of the locked bins between the York Office and Satellite Office will occur each day, Monday through Friday, except Federal holidays.

Federal Holidays:

Courier services will not be required on the following Federal holidays:

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 federal holiday falling on a weekend may be observed on the Friday prior, or the Monday following, the holiday. At ICE’s discretion, courier services will not be required on the Monday or Friday, whichever is appropriate, in such instances.

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. In addition, the Offeror will provide Proof of Insurance, as required by the Property Manager for the 250 N. 7th Avenue location. (Please see attached.)

Vendor Requirements:

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

Prior to award, the selected vendor will be required to register with the Central Contractor Registry at: http://www.ccr.gov; and with Online Representations and Certifications Applications at: https://orca.bpn.gov.

http://www.ccr.gov/ https://orca.bpn.gov/

Personnel:

1. The Contractor shall provide a point of contact name and telephone number to the OPLA Philadelphia POC, and the backup POC located in York, PA:

OPLA Philadelphia POC:

Eileen Schaller, Mission Support Specialist 900 Market Street, Suite 346 Philadelphia, PA 19107

(267) 479-3500 Eileen.schaller@ice.dhs.gov

OPLA York Sub Office Back-Up POC:

Brian McDonnell, Deputy Chief Counsel 2350 Freedom Way, Suite 254 York, PA 17402

(215) 431-1023 Brian.g.mcdonnell@ice.dhs.gov

2. In the event the contractor encounters problems that may prevent them from completing the scheduled work, they shall immediately call Brian McDonnell at (215) 431-1023 or Eileen Schaller at (267) 479-3500.

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

SECURITY REQUIREMENTS

GENERAL

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 Contractor access to Government facilities and/or sensitive Government information, 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. A favorable pre-employment determination shall not be deemed an assurance that a favorable full employment determination will follow. 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 mailto:Eileen.schaller@ice.dhs.gov mailto:Brian.g.mcdonnell@ice.dhs.gov 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, temporary employees, part-time employees and replacement employees) who need 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 Contract employees shall submit the following completed forms to the Personnel Security Unit through the Contracting Officer’s Representative (COR), no less than 35 days before the start date of the contract, or 5 days prior to the individual’s expected entry on duty, whether an employee, replacement, addition, subcontract employee, or vendor:

1. Standard Form 85P, or Standard Form 85PS (with supplement to 85P, required for armed positions), “Questionnaire for Public Trust Positions” Form; must 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. Standard Form 87 (rev. December 2017), “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 Form 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 United States 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 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 the 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 to the COR any ICE-issued identification cards and building passes of terminated/resigned employees.

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 and 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.

As soon as possible, the Contractor will report to the OPR-PSU, via the COR, any adverse information coming to its attention concerning contract employees under the contract. 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 employee’s 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 its own employees, and for any Subcontractor(s) and their employees.

Subject to existing law, regulation 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 Contracting Officer will inform the Contractor in writing regarding the proper action to be taken in order to effect compliance with such requirements.

The following computer security requirements apply to both DHS-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., the 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 DHS component agency.

Contractors who are involved with the 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).

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. The 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.

Point of Contact:

Lorita Lipscomb, 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) 905-5747 Lorita.Lipscomb@ice.dhs.gov mailto:Lorita.Lipscomb@ice.dhs.gov