2.2.1-Attachment 1 - SNA_Court Reporter Services_SOW_Final.pdf

Immigration and Customs Enforcement (ICE)

Court Reporter Services

STATEMENT OF WORK

1. OBJECTIVE

The intent of this Statement of Work (SOW) is for U.S. Immigration and Customs Enforcement (ICE), Office of Enforcement & Removal Operations (ERO) San Antonio Field Office in San Antonio, Texas to obtain court reporting services for virtual court proceedings.

2. SCOPE

The contractor shall provide a skilled court reporter to remotely record and take the testimony of witnesses. The court reporter shall be certified by the National Court Reporters Association (NCRA) or American Association of Electronic Reporters and Transcribers (AAERT) or equivalent (determination of equivalency at the discretion of ICE). The contractor shall provide all labor, supplies, and equipment necessary to record sworn testimony. The court reporter shall read portions of the transcript during the proceedings at the request of the Judge or other presiding body and ask speakers to clarify inaudible statements.

3. PERFORMANCE REQUIREMENTS. The contractor performing work under this contract shall:

• The court reporter that will be providing the services required below should be identified no later than November 5, 2024. The company must contact the OPLA attorney and provide the court reporter’s name, and email and/or phone number information no later than Tuesday, November 5, 2024, 5 PM Eastern Time (ET), to receive instructions and exhibits and test the virtual platform, among other things.

• The court reporter will virtually transcribe live hearings for 4 days on November 12th, 13th, 14th, and 15th , 2024 from approximately 8:30 AM ET to 5:00 PM. The court proceedings could run late up to 6:30 PM ET.

• Provide own equipment and use the secure platform such as Government Zoom or

Microsoft Teams that is specified by the Administrative Judge. At no time will vendor use Government Furnished Equipment (GFE) or be authorized to access the ICE network or ICE data.

• On the date of the hearing, make telephone contact with the agency’s point of contact and log in to the meeting at least fifteen (15) minutes prior to the start time.

• Attend virtually and record verbatim court proceedings on the dates specified by the Equal Employment Opportunity Commission (EEOC) Administrative Judge.

• Incorporate into the record everything spoken by any individual during a proceeding.

The contractor shall never consider anything any person says to be “off the record” unless the presiding judge expressly designates a portion of the proceeding as such.

The contractor shall preserve the integrity of the record at all times that the record is in his/her possession.

• Provide services relating to exhibits submitted at the hearing including marking and numbering in numerical or alphabetical order as instructed by the Judge, attaching all exhibits that were admitted by the Judge directly to the transcript, and including exhibits not admitted into evidence if the Judge specifies.

• Not consider exhibit and attachment pages in the page count for the transcript and such pages will not be subject to any fee per page cost.

• Upon completion of hearing, deliver via email within 10 calendar days the electronic file containing the transcripts to the Administrative Judge, the complainant or her attorney, and the point of contact designated by the agency. The contractor understands the agency will pay the fee for both parties and the Judge to receive the transcript which will follow the format requested by the Agency. The contractor shall ensure that all parties received the transcript.

• As directed by the agency or the Administrative Judge, make corrections as required after the hearing has concluded. The agency or the Judge will have at least 14 calendar days from the date the transcript is provided to the agency to review the transcripts and contact the court reporter to make corrections which will be included by the court reporter in the final electronic and any hardcopy versions.

• Not retain information on vendor equipment or in vendor files once the electronic file and original/certified documents have been received and approved by the ICE office.

4. INVOICING

Invoices shall be submitted to Invoice.Consolidation@ice.dhs.gov.

Invoices shall be submitted with all the following information:

Contract Number Name of Contractor Contractor Address and Telephone Number Taxpayer ID # Invoice Number

The contract will contain additional invoicing information for reference.

*Contractor must be registered in SAM

5. QUALITY ASSURANCE

The Government will perform those quality assurance procedures that are necessary to verify that services have been performed. Quality assurance will be performed upon receipt of services and supplies.

mailto:Invoice.Consolidation@ice.dhs.gov

6. SECURITY REQUIREMENTS

GENERAL

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

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor applicants/employees, based upon the results of a Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the Contractor employee to commence work temporarily prior to the completion of a Full Field Background Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness 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 Fitness determination by the Office of Professional Responsibility (OPR), Personnel Security Division (PSD). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable Fitness determination by OPR PSD. Contract employees are processed under DHS Instruction 121-01-007-001, Personnel Security, Suitability and Fitness Program, dated June 14, 2017, or successor thereto; those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process.

Sexual Abuse and Assault Prevention Standards implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003)).

BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporary, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, 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 OPR PSD. Contractor applicant/employees are nominated by a Contracting Officer Representative (COR) for consideration to support this contract via submission of the DHS Form 11000-25 and ICE Supplement to the DHS Form 11000-25 to the PSD. This contract shall submit the following security vetting documentation to OPR PSD, through the COR, within 10 days of notification of initiation of an Electronic Questionnaire for Investigation Processing (e-QIP), or successor thereto, in the Office of Personnel Management (OPM) automated on-line system:

1. Standard Form 85P (Standard Form 85PS (with supplement to 85P required for those with direct contact with detainees or armed positions)), “Questionnaire for Public Trust Positions” form completed online and archived by the Contractor applicant/employee 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).

Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

3. Electronic fingerprints taken at an approved facility OR two (2) SF 87

Fingerprint Cards (current revision) sent to OPR PSD. Additional information regarding fingerprints will be sent to the Contractor applicant/employee from

OPR PSD.

4. Optional Form 306 Declaration for Federal Employment. This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSD. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

5. If occupying PREA designated position: Questionnaire regarding conduct defined under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards). This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSD. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

6. One additional document may be applicable if the Contractor applicant/employee was born abroad. If applicable, the document will be sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSD. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity. The questionnaire related to 6 C.F.R. § 115.117 listed above in item 5 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation was favorably adjudicated within 5 years and not to exceed 7 years, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. (Executive Order 13488 amended under Executive Order 13764/DHS Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR PSD at the time of award of the contract. Only complete packages will be accepted by OPR PSD as notified by the COR.

To ensure adequate background investigative coverage, Contractor applicants/ employees must currently reside in the United States or its Territories. Additionally, Contractor applicants/employees are required to have resided within the United States or its Territories for three or more years out of the last five (ICE retains the right to deem a Contractor applicant/employee ineligible due to insufficient background coverage). This timeline is assessed based on the signature date of the standard form questionnaire submitted for the applied position. Contractor employees falling under the following situations may be exempt from the residency requirement: 1) work or worked for the U.S. Government in foreign countries in federal civilian or military capacities; 2) were or are dependents accompanying a federal civilian or a military employee serving in foreign countries so long as they were or are authorized by the U.S. Government to accompany their federal civilian or military sponsor in the foreign location; 3) worked as a Contractor employee, volunteer, consultant or intern on behalf of the federal government overseas, where stateside coverage can be obtained to complete the background investigation; 4) studied abroad at a U.S. affiliated college or university; or 5) have a current and adequate background investigation (commensurate with the position risk/sensitivity levels) completed for a Federal or Contractor employee position, barring any break in federal employment or federal sponsorship.

Only U.S. citizens and Legal Permanent Residents are eligible for employment on contracts requiring access to DHS sensitive information unless an exception is granted as outlined under DHS Instruction 121-01-007-001. Per DHS Sensitive Systems Policy Directive 4300A, only U.S. citizens are eligible for positions requiring access to DHS Information Technology (IT) systems or positions that are involved in the development, operation, management, or maintenance of DHS IT systems, unless an exception is granted as outlined under DHS Instruction 121-01-007-001.

CONTINUED ELIGIBILITY

ICE reserves the right and prerogative to deny and/or restrict facility and information access of any Contractor employee whose actions conflict with Fitness standards contained in DHS Instruction 121-01-007-01, Chapter 3, paragraph 6.B or who violate standards of conduct under 6 CFR § 115.117. The Contracting Officer or their representative can determine if a risk of compromising sensitive Government information exists or if the efficiency of service is at risk and may direct immediate removal of a Contractor employee from contract support.

OPR PSD will conduct periodic reinvestigations every 5 years, or when derogatory information is received, to evaluate continued Fitness of Contractor employees.

The Federal Government is transitioning to Trusted Workforce (TW) 2.0. TW 2.0 is a whole-of-government background investigation reform effort overhauling the personnel vetting process by creating a government-wide system that allows transfer of trust across organizations. All contractor employees will be subjected to the transition and will be enrolled into continuous vetting at a date to be determined and via a to be determined continuous vetting system. Enrollment will include multiple requirements from all personnel and potential changes to processes, procedures, and systems. This contract will comply with all requirements that facilitate the mandated transition to TW 2.0.

REQUIRED REPORTS

The Contractor will notify OPR PSD, via the COR providing an ICE Form 50-005, Contractor Employee Separation Clearance Checklist, of all terminations/resignations of Contractor employees under the contract within five days of occurrence to the ICEDepartureNotification@ice.dhs.gov group box. The Contractor will return any expired 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 Contractor employees under the contract to OPR PSD, via the COR, as soon as possible.

mailto:ICEDepartureNotification@ice.dhs.gov

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 Contractor employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR, a Quarterly Report (on a Microsoft Excel Spreadsheet) containing the names of Contractor employees who are actively serving on their contract. 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. This list is what ICE Industrial Security uses to reconcile the contract quarterly. CORs will submit reports to PSD-Industrial-Security@ice.dhs.gov no later than the 10th day of each January, April, July and October.

Contractors, who are involved with management and/or use of information/data deemed “sensitive” to include ‘law enforcement sensitive” are required to complete the DHS Form 11000-6-Sensitive but Unclassified Information Non-Disclosure Agreement (NDA) for Contractor employee access to sensitive information. The NDA will be administered by the COR to all contract personnel within 10 calendar days of the entry on duty date. The completed form shall remain on file with the COR for purpose of administration and inspection.

Sensitive information as defined under the Computer Security Act of 1987, Public Law 100- 235 is information not otherwise categorized by statute or regulation that if disclosed could have an adverse impact on the welfare or privacy of individuals or on the welfare or conduct of Federal programs or other programs or operations essential to the national interest.

Examples of sensitive information include personal data such as Social Security numbers;

trade secrets; system vulnerability information; pre-solicitation procurement documents, such as statements of work; and information pertaining to law enforcement investigative methods;

similarly, detailed reports related to computer security deficiencies in internal controls are also sensitive information because of the potential damage that could be caused by the misuse of this information. All sensitive information must be protected from loss, misuse, modification, and unauthorized access in accordance with DHS Management Directive 11042.1, DHS Policy for Sensitive Information and ICE Policy 4003, Safeguarding Law Enforcement Sensitive Information.”

Any unauthorized disclosure of information will be reported to ICE.ADSEC@ice.dhs.gov.

SECURITY MANAGEMENT

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with OPR PSD 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 OPR 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 to effect compliance with such requirements.

mailto:PSD-Industrial-Security@ice.dhs.gov mailto:ICE.ADSEC@ice.dhs.gov

INFORMATION TECHNOLOGY SECURITY

When sensitive government information is processed on Department telecommunications and automated information systems, the contract company 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 MD 4300.1, Information Technology Systems Security (or its replacement). Contractor employees must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractor employees who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, regardless if 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 Office of the Chief Information Officer (OCIO) 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, Cybersecurity Awareness Training (CSAT) will be required upon initial access and annually thereafter. CSAT training will be provided by the appropriate component agency of DHS.

Contractor employees, 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, systems rules of behavior, to include Unauthorized Disclosure Training, available on the ICE Training System (ITS) or by contacting ICE.ADSEC@ice.dhs.gov. Contractor employees 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. System Administrators 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).

PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL

In addition to FAR 52.224-1 Privacy Act Notification (APR 1984), 52.224-2 Privacy Act (APR 1984), FAR 52.224-3 Privacy Training (JAN 2017), and HSAR Clauses, the following instructions must be included in their entirety in all contracts.

Limiting Access to Privacy Act and Other Sensitive Information

In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984), and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant mailto:ICE.ADSEC@ice.dhs.gov

DHS system of records notices (SORNs) applicable to this Privacy Act information may be found at www.dhs.gov/privacy. Applicable SORNS of other agencies may be accessed through the agencies’ websites or by searching FDsys, the Federal Digital System, available at http://www.gpo.gov/fdsys/. SORNs may be updated at any time.

Prohibition on Performing Work Outside a Government Facility/Network/Equipment

The Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Service (WaaS) if WaaS is authorized by the statement of work. Government information shall remain within the confines of authorized Government networks at all times. Except where telework is specifically authorized within this contract, the Contractor shall perform all tasks described in this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government information shall remain within the confines of authorized Government facilities at all times. Contractors may only access classified materials on government furnished equipment in authorized government owned facilities regardless of telework authorizations.

Prior Approval Required to Hire Subcontractors

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Separation Checklist for Contractor Employees

Contractor shall complete a separation checklist before any employee or Subcontractor employee terminates working on the contract. The separation checklist must verify: (1) return of any Government-furnished equipment; (2) return or proper disposal of sensitive personally identifiable information (PII), in paper or electronic form, in the custody of the employee or Subcontractor employee including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access to sensitive PII.

In the event of adverse job actions resulting in the dismissal of an employee or Subcontractor employee, the Contractor shall notify the Contracting Officer’s Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract.

As requested, contractors shall assist the ICE Point of Contact (ICE/POC), Contracting Officer, or COR with completing ICE Form 50-005/Contractor Employee Separation Clearance Checklist by returning all Government-furnished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobile devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems.

Contractor’s Commercial License Agreement and Government Electronic Information http://www.dhs.gov/privacy http://www.gpo.gov/fdsys/

Rights

Except as stated in the Performance Work Statement and, where applicable, the Contractor’s Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S.

Government and are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Privacy Lead Requirements

If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the Contractor shall assign or procure a Privacy Lead, to be listed under the SOW or PWS’s required Contractor Personnel section.

The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance. The Privacy Lead shall work with personnel from the program office, the ICE Privacy Unit, the Office of the Chief Information Officer, and the Records and Data Management Unit to ensure that the privacy documentation is kept on schedule, that the answers to questions in the PIA are thorough and complete, and that questions asked by the ICE Privacy Unit and other offices are answered in a timely fashion.

The Privacy Lead:

• Must have excellent writing skills, the ability to explain technology clearly for a non-technical audience, and the ability to synthesize information from a variety of sources.

• Must have excellent verbal communication and organizational skills.

• Must have experience writing PIAs. Ideally the candidate would have experience writing PIAs for DHS.

• Must be knowledgeable about the Privacy Act of 1974 and the E-

Government Act of 2002.

• Must be able to work well with others.

If a Privacy Lead is already in place with the program office and the contract involves IT system builds or substantial changes that may require privacy documentation, the requirement for a separate Private Lead specifically assigned under this contract may be waived provided the Contractor agrees to have the existing Privacy Lead coordinate with and support the ICE Privacy POC to ensure privacy concerns are proactively reviewed and so ICE can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance if required. The Contractor shall work with personnel from the program office, the ICE Office of Information Governance and Privacy, and the Office of the Chief Information Officer to ensure that the privacy documentation is kept on schedule, that the answers to questions in any privacy documents are thorough and complete, that all records management requirements are met, and that questions asked by the ICE Privacy Unit and other offices are answered in a timely fashion.

7. PERIOD OF PERFORMANCE

The court reporter is needed to meet telephonically with the OPLA attorney on or before November 5, 2024, and perform court reporting transcription services from November 12- 15, 2024.