08.08_Attachment_1_-_SOW_Rev._8-1-2019.pdf

STATEMENT OF WORK DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

Office of the Principal Legal Advisor Houston, TX Chief Counsel Office Courier Service

Revised August 1, 2019

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.

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 detentions to applications for administrative relief. Most of the hearings involve criminal aliens, terrorists, and human rights abusers, among others.

2 SCOPE

OPLA's Houston, TX Chief Counsel Office (CCO) requires courier service to transport files and/or documents between the six chief counsel offices.

3. REQUIREMENT

The contractor shall retrieve Government-provided locked bins containing files and/or mail, load and transport them to and from the following addresses as specified under Section 4 of this Statement of Work as follows:

1801 Smith Street, Suite 1090, Houston, TX 77020 Mickey Leland Federal Bldg., 1919 Smith Street, Suite 10046, Houston, TX 77002 126 Northpoint Drive, Room 2020, Houston, TX 77060 5520 Greens Road, Houston, TX, 77032 Montgomery Processing Center, 800 Hilbig, Conroe, TX 77301 126 Northpoint Drive, Room 2020, Houston, TX 77060 US Citizenship and Immigration Services, 810 Gears Rd, Houston, TX 77002

Monday through Friday except federal holidays between the hours of 7:30am and 1:00pm. Pickup will typically consist of 1-25 locked bins containing files and/or mail, weighing approximately 10-60 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 or any of its representatives 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.

When picking up or delivering locked bins, the Courier Service representative will obtain a signature at each office verifying pickup or delivery of locked boxes.

4. DETAILED TASKS

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. Pick ups will consist of 1-13 locked bins containing files and / or mail, weighing approximately 10-60lbs each. The Houston OCC sets the time for pick-up and delivery of files and/or mail and determined the following schedule is necessary:

1. Pick up only locked bins containing files and/or mail at 1801 Smith Street, Suite 1090, Houston, TX 77020 no later than 7:00am

2. Pick up only locked bins containing files and/or mail at Mickey Leland Federal Building, 1919 Smith Street, Suite 10046, Houston, TX 77002 between 7:30am and 8:00am (loading dock does not open until 7:30am)

3. Deliver and pick up locked bins to the Houston Chief Counsel’s Office, 126 Northpoint Drive, Room 2020, Houston, TX 77060, no later than 8:30am

4. Deliver and pick up locked bins to the Houston

Contract Detention Facility (HCDF), 5520 Greens Road, Houston, TX 77032 no later than 9:15am

5. Deliver and pick up locked bins containing files and/or mail at

Montgomery Processing Center, 800 Hilbig Road, Conroe, TX 77301 no later than 10:30am

6. Deliver and pick up locked bins to the Houston Chief Counsel’s Office, 126 Northpoint Drive, Room 2020, Houston, TX 77060 no later than 11:00am

7. Deliver and pick up locked bins to US Citizenship and Immigration Services, 810 Gears Rd, Houston, TX 77002 no later than 11:30am

8. Deliver and pick up lock bins at the Houston Chief

Counsel’s Office, 126 Northpoint Drive, Room 2020 Houston, TX 77060 no later than 11:45am

9. Deliver only locked bins to 1801 Smith Street, Suite 1090 Houston, TX 77020 no later than 12:30pm

10. Deliver only locked bins to Mickey Leland Federal

Building, 1919 Smith Street, Suite 10046, Houston, TX 77002 no later than 12:45pm

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 Year’s Day Labor Day

Martin Luther King Day Columbus Day

Presidents Day Veteran's Day

Memorial Day Thanksgiving (but not the day after)

Independence Day Christmas Day

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, contents of each cart (i.e. number of boxes and/or files) and signature of a Government representative for the pickup and delivery of each cart in a run. The contractor shall provide a copy of the log to the Government in contractor format. 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 Houston, TX OCC POC, or available office personnel, with a daily delivery receipt verifying all deliveries.

5. GOVERNMENT FURNISHED PROPERTY

The Government will provide a sufficient number of locked bins as required for transport between the designated locations.

6. PERIOD OF PERFORMANCE

The period of performance will consist of one (1) 12-month base period and four (4) 12-month option periods for a total duration of 60 months.

Period of Performance Base Period

Dates of Performance 09/25/2014 - 09/24/2015

Duration 12 months

Option Period One 09/25/2015 - 09/24/2016 12 months Option Period Two 09/25/2016 - 09/24/2017 12 months Option Period Three 09/25/2017 - 09/24/2018 12 months Option Period Four 09/25/2018 - 09/24/2019 12 months

7. GOVERNMENT POINTS OF CONTACT

In the event the contractor encounters problems that may prevent the completion of the required service, the contractor shall immediately notify the primary Government POC identified below:

Primary POC: Reginald Teague, Mission Support Specialist 7701 North Stemmons Freeway Dallas, TX 75247-4232

(214) 905-5428 reginald.teague@ice.dhs.gov

Secondary POC: Faye Sanders,, Mission Support Specialist

126 Northpoint Drive Houston, TX 77060

(281) 931-2031 faye.sanders@ice.dhs.gov mailto:reginald.teague@ice.dhs.gov

8. SECURITY REQUIREMENT

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 HSCEMR-l 4-P-00021 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 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 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 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 I or maintenance of DHS IT systems; or access to information contained in and I 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 will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

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.

REOUIRED REPORTS

The Contractor will notify OPR-PSU of all terminations/ resignations within five days of occurrence. The Contractor will return any expired ICE 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.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through 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, through 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. Submit reports to the email address psu-industrial-security@ice.dhs.gov

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 mailto:psu-industrial-security@ice.dhs.gov mailto:psu-industrial-security@ice.dhs.gov 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.

Upon award all individuals working under the contract 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.