2.2.1-PWS-Attachment 2 (final).pdf

PERFORMANCE WORK STATEMENT (PWS)

Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Center for Countering Human Trafficking (CCHT) Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma (IMPACTT)

August 2024

1. BACKGROUND

The DHS CCHT has broad oversight of DHS programs related to combating human trafficking crimes, including all sex trafficking, and forced labor investigations conducted by HSI.

As the principal investigative arm of DHS, the mission of HSI human trafficking investigations is twofold:

1) To proactively identify, disrupt, and dismantle cross-border human trafficking organizations and to minimize the risk they pose to national security and public safety.

2) To employ a victim-centered approach, whereby equal value is placed on the identification and stabilization of victims, and on the deterrence, investigation, and prosecution of traffickers.

Although vicarious trauma presents a challenge for law enforcement personnel and prosecutors across all investigative areas, the risk is particularly acute in human trafficking cases. Investigators and victim assistance personnel work long hours identifying and assisting victims, witnessing evidence of and hearing stories of abuse, and working to navigate the additional challenges of addiction, mental illness, and mistrust of law enforcement. While assistance is provided to trafficking victims, human trafficking investigators and other HSI personnel are often left in need of help to manage their own mental well-being properly and effectively during and in the wake of these horrific investigations.

Investigators Maintain Purposeful Awareness to Combat Trafficking Trauma (IMPACTT) is a program, administered by the CCHT, that will raise awareness of these challenges, lessen their impact, and provide tools and coping strategies to mitigate the effects of vicarious trauma. IMPACTT will be available to HSI agents, analysts, task force officers, and other personnel (such as victim assistance specialists and forensic interviewers) involved in human trafficking investigations.

2. SCOPE

The Contractor shall follow industry standards and best practices while assisting the Government with their training requirements. Training services shall include design and development of appropriate training materials and delivery of training for the IMPACTT Program. All communications impacted by the implementation of the IMPACTT Program will be delivered by HSI Executives.

The training activities for IMPACTT are intended to build change readiness by ensuring impacted stakeholders are ready, willing, and able to recognize and use the behavior change tools provided in their daily operations. The Vendor shall deliver an approach to:

Build organizational awareness, understanding, alignment, and support for behavioral awareness and change.

Identify and mitigate key change barriers and reinforce organizational change enablers. Facilitate personnel understanding of new behavior and revised operational processes for continuity of the day-to-day mission.

Guide recommended strategies and actions to ensure successful adaptation and personnel implementation.

The Contractor shall provide high quality and professionally produced training materials that comply with DHS policies, standards, and procedures. The Contractor shall assist the Government with the implementation and execution of the IMPACTT Program Training Plan and support overall integrated training planning and coordination. The Contractor shall ensure training materials are made available to the Government for upload to the HSI SharePoint site (HSINet). The Contractor shall provide information (e.g., status reports) and attend weekly reoccurring Integrated Project Team (IPT) meetings as required.

The successful execution of this Purchase Order will require the Contractor to perform in a dynamic environment, working seamlessly with other project teams across DHS/ICE/Office of the Chief Information Officer (OCIO) and DHS/ICE/HSI while interfacing and collaborating with other contractors tasked with executing the agency mission. It is acknowledged that these evolving and sometimes complex environmental factors may play a role in the integration and day-to-day workflow. However, the Contractor shall participate fully, and with best intent, to ensure transparency and information sharing with the members of government and other contractor project teams.

3. KEY PERSONNEL

The Government has identified one Key Personnel position for the IMPACTT Program Purchase order:

Licensed Clinician. Contractor personnel designated as “Key Personnel” by the Government require Government acknowledgement prior to replacement. The Contractor shall submit written notice of intent to replace the Key Personnel along with the resume of the proposed replacement to the Contracting Officer (CO) a minimum of 10 business days prior to the proposed date of change.

The Key Personnel must possess the skills, experience, and technical competencies critical to the successful performance of this Purchase Order as specified in the following section.

3.1 LABOR CATEGORY

The labor category and descriptions identified below are Government recommendations only. The quoter shall map and propose labor categories, for the key positions stipulated below, at levels that fulfill the listed qualifications regarding the education and experience levels established under the contract vehicle.

Proposed labor category shall be labeled to designate which key position requirement it fulfills.

3.1.2 Licensed Clinician

A Licensed Clinician is required with six to eight years of progressive leadership and management experience in coordinating, developing, and delivering trauma-based cognitive behavior training to law enforcement personnel involved in human trafficking investigations. The Clinician should have experience with both traditional and non-traditional training solutions for trauma-based cognitive behavior training; as well as experience supporting the Federal Government or Law Enforcement initiatives. The Clinician shall have behavioral health consultation experience; specifically treating, preventing, and mitigating the effects of vicarious trauma, burnout, and compassion fatigue, as it relates to human trafficking. The Clinician shall set up support resources and educate clients on indicators, barriers, and behavior. The Clinician shall provide leadership and management of the design, development and implementation of tasks being performed by the contractor. The Clinician will be responsible for working in coordination with other contractors of the CCHT as well as Government IPT leads to ensure training materials are produced in step as completion of incremental phases of the solution are finalized.

The Licensed Clinician should have specific experience in leading communications, advertising, marketing, or change management projects with a demonstrated ability to provide guidance and direction to project teams, supporting the completion of project-specific tasks within estimated time frames and budget constraints. The Clinician will be required to interact with HSI and OCIO to support presentations, client meetings, analytical review, provide industry insight, issue resolution, and support critical decision making.

The Clinician must possess exceptional interpersonal skills and superior oral and written communication skills.

3.1 Government Furnished Property (GFP)

All hardware and software will be provided by the government to support training and communication activities, as it relates to the IMPACTT Program. Each individual vendor employee shall complete Form G- 570 Record Receipt Property Issued to Employee. This form is used to recode and track personal property assigned to ICE contractors.

4. TASKS

The Contractor shall execute tasks against this Purchase Order using an agile development methodology with two-week sprint cycles. Each sprint cycle will include a sprint planning and sprint retrospective. The Contractor shall plan for a work product review at the end of each two-week sprint cycle. The Contractor shall work closely with the IMPACTT IPT to maintain awareness of HSI human trafficking trends to plan for training that complement the DHS CCHT mission.

4.1 Task A: Training

The purpose of training is to provide foundational learning that will help critical personnel acquire basic skills and information needed to perform critical tasks. Critical personnel are considered human trafficking investigators; those who perform day-to-day tasks; and those who provide support in furtherance of human trafficking investigations. Critical tasks are defined as frequently performed functions that are essential to carrying out duties and responsibilities.

Training design and delivery tasks are intended to accomplish the following objectives:

Design training strategy and correlating materials that articulate how trauma-geared cognitive behavioral therapy positively influences the ICE mission by explaining the goals and benefits of the training.

Demonstrate best approaches to navigate behavioral stimuli. Facilitate personnel understanding of the IMPACTT Program, to complete critical tasks and activities essential to routine duties and responsibilities.

Prepare personnel using disadvantageous techniques, approaches, and responses with a foundation of knowledge to transition into progressive responses as efficiently as possible.

Promote burnout and compassion fatigue symptom awareness while certifying stress coping skills, techniques, and resilience methods.

4.1.1 Training Design and Delivery

The Contractor shall consider how functional tasks in human trafficking investigations and associated business processes will change due to the IMPACTT Program. The Contractor shall design appropriate training materials aligned to the Training Plan and industry-accepted design principles and processes. The design of training materials shall consider job performance requirements to ensure participants acquire skills, knowledge, and abilities to efficiently do their jobs.

The Contractor shall design and implement training materials to introduce and familiarize those supporting human trafficking investigations with the process and benefits of behavior change. These training products will allow personnel to gain a working knowledge of healthy practices and principles so they can effectively perform critical job functions. The design of training products will consider the fact that personnel of human trafficking investigations have varying levels of life experience, exposure, and skills; differentiated training will need to be developed and delivered to meet organizational needs.

The Contractor shall produce training products of an appropriate and reasonable duration to sufficiently and effectively cover the necessary training material that ensures a highly successful rate and scope of knowledge transfer.

The Contractor shall:

Connect the concepts of the HSI human trafficking investigations work environment through scenario-based training.

Provide trauma-specific interactive exercises and activities that reinforce the learning.

Test participant knowledge through appropriate tests and/or knowledge checks prior to course completion (where applicable).

Work with the government to ensure training products are made available to users including access to training scenario videos.

Emphasize the transition from existing behavior response practices to the equivalent processes in the IMPACTT Program solution.

Produce training materials in synchronization with the development of the IMPACTT solution. This will require the Vendor to work in close coordination with the CCHT Strategic Communications and Visualization Teams.

Collaborate with the IMPACTT IPT and government stakeholders to ensure training products are available for personnel.

Ensure appropriate products are available to the Government for use on the HSINet User Portal for widespread distribution and re-use.

The Contractor shall design and develop two (2) types of 8 hour in-person courses: pertinent to personnel and supervisors. The Contractor shall deliver a main course and supervisor course at each of the four locations. The courses will be designed to give personnel foundational and/or knowledge and awareness of treating, preventing, and mitigating the effects of various trauma, burnout, moral injury, and compassion fatigue as it relates to human trafficking. The main course will be designed for personnel directly working in support of furthering HSI human trafficking investigations. The second course will be geared toward personnel who manage and supervise the workforce aiding the of furtherance of HSI human trafficking investigations.

Training material shall include, but are not limited to:

PowerPoint Presentations with interactive tools In-person and instructional training courseware Instructor and Participant Guides Instructional/scenario-based videos Job Aids to include troubleshooting guides, quick reference guides, standard operating procedures

(SOP), and FAQs

The Contractor is encouraged to propose other training strategies and modalities. The Government shall develop a method to evaluate the training delivery and ensure the tools, channels, and delivery methods are successful and effective through informal focused groups and participant survey evaluations. Results of training evaluations shall be used to inform the vendor of any improvements or modifications to training design and delivery.

The Government will provide access to HSI specific statistics and information concerning human trafficking.

5. DELIVERABLES

Training deliverables are the key performance requirements of the Contractor. As such, the Contractor will work closely within the IMPACTT Program IPT and other CCHT IPTs as necessary to ensure these products are delivered in coordination with the vicarious training solution. It is anticipated that as various aspects of the solution are developed, the Contractor will produce corresponding training products. For example, once the initial trauma-based cognitive behavior training course is developed and “operational” (from the development standpoint), it is expected the Contractor will work to produce training material that address trauma-based cognitive behavior processes and solutions. In this way, it is anticipated that the training process will mirror the production process to ensure efficiency of this effort.

The Deliverables for this Purchase Order are identified below. The Contractor is responsible for providing a log of all deliverables assigned, scheduled, and accomplished to the Government Program Manager and COR within the Monthly Status Report. The Delivery Matrix lists frequency and submission timeline of the deliverables; however, this may change based on the initial assessment and validation by the contractor.

5.1 Deliverable 1: Project Plan

The vendor shall provide a project plan and materials compatible with MS 365, to include tasks, dependencies, and delivery dates. The government will need to be able to modify the document.

5.2 Deliverable 2: Status Report

The Contractor shall provide a weekly status report, as well as monthly status report to the Government Program Manager and COR in electronic format. The status report shall include accomplishments, status of ongoing activities, risks, decisions needed from the government, management issues, recommendations for problem resolution, and upcoming activities.

5.3 Deliverable 3: Training Plan Consultation

The Contractor shall review the current Training Plan to ensure their understanding of the current HSI environment and HSI Training Requirements. Recommended changes to the current plan should be discussed and agreed to with HSI and then documented in an update to the IMPACTT Program Training Plan.

5.4 Deliverable 4: In-person Training

The Contractor shall design and develop two (2) types of in-person training courses. The courses will be designed to give personnel foundational and/or knowledge and awareness of treating, preventing, and mitigating the effects of various trauma, burnout, moral injury, and compassion fatigue as it relates to human trafficking. The main course will be designed for personnel directly working in support of furthering human trafficking investigations. The second course will be geared toward personnel who manage and supervise the workforce aiding the of furtherance of human trafficking investigations.

5.5 Deliverable 5: Communications Strategy

Upon contract award, the Contractor shall coordinate with the HSI Government Lead and IMPACTT Program Manager to confirm their understanding of the current HSI environment and human trafficking investigations traumatic behavior response status to inform their development of a Communications Strategy.

5.6 Deliverable 6: Class Training Plan

The Contractor shall develop a Training Plan to identify how they will fully deliver vicarious human trafficking trauma tools at the upcoming training location. The plan shall include an agenda, schedule of events, activities methods, and tools used. The training Plan will be a recurring deliverable thirty days prior to each scheduled training date to be delivered to the Government and COR in electronic format.

Exhibit 1: Deliverable Matrix

# Title Frequency Submission Distribution Format 1 Project Plan Weekly Updates 15 days after contract award

GPM, COR,

and PMO

MS 365

Compatible

2 Weekly/Monthly Status Report

Weekly/Monthly COR Thursday/First

Thursday of every month

GPM, COR,

and PMO

MS Word

3 In-Person Training (4/main & 4/supervisor) – 8 Training Classes

Total

Per Project Plan

GPM,

Project

Stakeholders

In-Person

4 Training Plan Consultation

Upon contract award/After each revision (if any)

30 days after award or 30 days after revisions

GPM, COR MS Word

5 Communications Strategy

Initial Delivery:

Reviewed with each new PoP

30 days after award

GPM,

Project

Stakeholders

MS Word

6 Class Training Plan In support of each training event

30 days before each session

GPM, COR,

IPT

MS

Word/PDF

5.10 Acceptance Criteria

With the exception of in-person courses, HSI will accept or reject deliverables within 10 business days after receipt of the deliverable. If the deliverable is rejected, the Contractor shall be required to make corrections within 5 business days or as mutually agreed and submit the deliverable for another review and approval.

The Contractor shall also inform the Government Program Manager and COR, in writing, within 5 business days of the rejection of a deliverable, and what measures have been or will be implemented to reduce rejection of deliverables.

6. QUALITY ASSURANCE PLAN

See attachment A – Quality Assurance Surveillance Plan (QASP)

7. GOVERNMENT FURNISHED PROPERTY (GFP)

The Government will provide the necessary GFP, such as laptops, peripherals, etc. All work performed shall be performed on GFP. GFP will be provided to vendor personnel upon acceptable clearance/approvals. The Contractor shall manage, maintain, and control all GFP in accordance with FAR 52.245.(d)(1).

GFP (including, but not limited to material, equipment, and/or information) may be provided in the performance of this task order. The following GFP will be provided to the Contractor:

ITEMS QUANTITY

Contractor Identification Badge 1 per assigned personnel An ICE imaged computer workstation equipped with Microsoft: Word, Excel, and PowerPoint, Web-Conferencing, Video teleconference and white board.

1 per assigned personnel

At the end of this service agreement, disposition of GFP shall be in accordance with FAR 52.245.1.

8. PERIOD OF PERFORMANCE

The Period of Performance will be a 12-month base year with four, one-year option periods.

9. LOCATION OF PERFORMANCE

Work, meetings, and briefings will be performed primarily from Contractor facilities. The Contractor’s operating facility may be located outside of the Washington, D.C. metropolitan area. However, travel to the 1800 G Street, N.W. Washington, D.C. office, and other DHS offices in the D.C. metropolitan area for meetings and briefings may be required. Telework from home may be authorized when requested by contractor from the COR if telework is determined to be in the best interest of the Government and acceptable to the contractor.

10. DUTY HOURS

Normal duty hours will range from 9 a.m. to 5 p.m., Monday through Friday, excluding Government holidays, 8 hours each day. Modification to duty hours may be required to accommodate Government requirements. Contractor employees may not exceed 40 hours per week without COR approval.

11. GOVERNMENT HOLIDAYS

The following Government holidays are normally observed by Government personnel:

New Year’s Day January 1st Martin Luther King’s Birthdate The third Monday in January Washington’s Birthdate The third Monday in February Memorial Day The last Monday in May Juneteenth July 19th Independence Day July 4th Labor Day The first Monday in September Columbus Day The second Monday in October Veteran’s Day November 11th Thanksgiving Day The fourth Thursday in November Christmas Day December 25th *Additional federal holidays may be designated in the future.

Non-Workdays:

Executive Order Closure - Federal Government offices excusing Federal employees from reporting for duty.

Bad Weather Days - Federal employees instructed not to report to work due to inclement weather conditions.

Building Closures - Federal Government employees instructed to vacate the building due to emergency repairs, inhabitable conditions, or threat of possible security.

Note: If a contractor is not required to work on Federal Holidays, he/she does not report to work. It is not considered leave by the agency and is part of the holiday/vacation fringe benefit under the contract.

Therefore, it is the Contractor’s responsibility to determine how Contractor employees will be compensated for non-workdays and not within Governments purview.

12. NON-PERSONAL SERVICES

The Government shall neither supervise Contractor employees, nor control the method by which the Contractor performs the individual tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer (CO) or COR immediately.

13. PROJECT MANAGEMENT

The Contractor shall provide a point of contact (Project Manager) to the Government regarding overall program management of the task order. COR will be the ICE/HSI Program Manager for this task order.

14. BUSINESS RELATIONS

The Contractor shall successfully integrate and coordinate all activities needed to execute the tasks. The

Contractor shall manage the timeliness, completeness, and quality of identified issues. The Contractor shall provide corrective action plans, quote submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

15. TRAVEL

The Contractor will be required to travel to approximately 4 ICE/DHS facilities within the United States and U.S. Territories for the purpose of conducting training. Travel is required to facilitate training at a federal property in Philadelphia, Dallas, San Francisco, and Washington, DC.

Contractor travel to HSI facilities, outside of regularly scheduled meetings with the IMPACTT IPT staff, shall require prior notification to the IMPACTT IPT or Government COR.

Any travel related to this contract outside the primary duty location must be preapproved in writing by the COR prior to travel commencing. Travel subsistence and reimbursement will be authorized under rates and conditions of the Federal Travel Regulations (FTR). The Contractor shall coordinate specific travel arrangements with the COR to obtain advance, written approval for travel to be conducted. The Contractor’s request for travel shall be in writing and contain the names of individuals traveling, dates, destination, and purpose and estimated costs of travel. If any travel arrangements cause additional costs to the contract that exceed those previously negotiated, written approval by modification issued by the Contracting Officer is required, prior to undertaking such travel.

The contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary and cancellations under nonrefundable airline tickets may be reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from work at the Contractor’s facility or local Government facility shall not be reimbursed. Costs associated with contractor travel shall be in accordance with Federal Acquisition Regulation (FAR) per 31.205-26, Travel Costs and Federal Travel Regulations, prescribed by the General Services Administration, for travel within the United States and the US Territories. Upon completion of travel, all documentation associated with SSO respective travel shall be submitted with invoices as directed in this order.

16. SECURITY REQUIREMENTS

GENERAL

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

INFORMATION TECHNOLOGY SECURITY

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 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).

GENERAL CYBERSECURITY CONTRACTS REQUIREMENT

IMPORTANT CAUTION

Reference to contract requirements and clauses is current as of the date of publication. Due diligence should be exercised by all stakeholders in the process to confirm accuracy and applicability of the requirements identified in this Appendix.

mailto:ICE.ADSEC@ice.dhs.gov

In accordance with ITAR 4.5.3.1 – Compliance with DHS Security Policy Terms and Conditions.

The following requirement should be incorporated into all acquisition documents for CUI REQUESTS:

Compliance with DHS Security Policy Terms and Conditions:

All hardware, software, and services provided under this task order must be compliant with DHS 4300A DHS Sensitive System Policy and DHS Policy Directive 4300A.

In accordance with ITAR 4.5.3.4 and ITAR 4.5.4.4 – Security Review The following clause should be incorporated into ALL acquisition documents:

Security Review Terms and Conditions The Government may elect to conduct periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford ICE, including the organization of ICE Office of the Chief Information Officer, the Office of the Inspector General, authorized Contracting Officer Representative (COR), and other government oversight organizations, access to the Contractor's facilities, installations, operations, documentation, databases, and personnel used in the performance of this contract. The Contractor will contact ICE Chief Information Security Officer to coordinate and participate in the review and inspection activity of government oversight organizations external to ICE. Access shall be provided to the extent necessary for the government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of ICE data or the function of computer system operated on behalf of ICE, and to preserve evidence of computer crime.

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 DHS system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.dhs.gov/system-records-notices-sorns. Applicable SORNS of other agencies may be accessed through the agencies’ websites or by searching GovInfo, available at https://www.govinfo.gov that replaced the FDsys website in December 2018. 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.

https://www.dhs.gov/system-records-notices-sorns https://www.dhs.gov/system-records-notices-sorns https://www.govinfo.gov/

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 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…