2.2.1a Attachment 1 Contract SOW USVI Armed Security Guards Services.pdf

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Department of Homeland Security

Federal Emergency Management Agency

Armed Security Guard Services

Statement of Work

1. BACKGROUND

The Federal Emergency Management Agency (FEMA) uses contracted Protective Service Officers

(PSO) to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations. After the United States Virgin Islands was devastated by Hurricane Maria, DR-4340-VI was declared by the President placing FEMA locations around the entire island to support all recovery efforts.

2. PURPOSE

This requirement is for contracted PSOs to provide physical security at all sites and facilities related to disaster declaration DR-4340-VI (Hurricane Maria) encompassing the U.S. Territory that conforms the USVI, the islands of St. Thomas, St. Croix, and St. John.

3. SCOPE OF WORK

The contractor must perform duties / tasks necessary to provide PSOs for physical security services throughout the United States Virgin Islands.

4. APLICABLE DOCUMENTS

4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with to meet the requirements of this contract:

• Federal Management Regulations (41 C.F.R. PART 102-74)

• American with Disabilities Act (ADA) of 1990 (Pub L. 101-336)

Attachment 01

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• FEMA Directive 121-1, FEMA Personal Identity Verification Guidelines

• FEMA Directive 121-3, Facility Access

• FEMA Manual 121-3-1, FEMA Credentialing Access Manual

• Homeland Security Presidential Directive -12: Policy for a Common Identification

Standard for Federal Employees and Contractors

• OHS Management Directive 11042.1

• HSAR 3052.204-71, Contractor Employee Access

• HSAR 3052.204-72, Safeguarding of Controlled Unclassified Information

• HSAR 3052.204-73 Notification and Credit Monitoring Requirements for Personally

Identifiable Information Incidents

• Safeguarding of Sensitive Information (MAR 2015)

• Information Technology Security and Privacy Training (MAR 2015) (see HSAR

Class Deviation 15-01, Revision 1)

• FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

• FAR 52.224-1 Privacy Act Notification (APR 1984)

• FAR 52.224-2 Privacy Act (APR 1984)

• FAR 52.224-3 Privacy Training – Alternate I (see FAR Class Deviation 17-03, Revision 1)

5. REQUIRED TASKS

5.1 The Contractor

5.1.1 Prior to the contract start date, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements to obtain all required licenses, permits and bonds with the appropriate officials in the city, municipality and/or state in which the government facilities are located. The Contractor is

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5.1.2 The federal government will not assist nor intervene in any state licensing or permit issues on behalf of the Contractor.

5.1.3 The Contractor shall provide any official bond(s) and insurance required, and pay any fees or costs involved or related to authorization for the arming of any employees engaged in providing services specified under the Contract.

5.1.4 The Contractor shall maintain current and valid copies of all licenses, permits, and certifications required to perform the services described in this SOW. The CO, COR, and all other authorized Government personnel shall have the express authority to examine these documents upon request at any time during the duration of this contract.

5.1.5 The Contractor shall only utilize Department of Labor (DOL) category 27102 Guard

II security personnel (Attachment I) to perform PSO services under this contract. All category Guard II security personnel shall meet all local and state qualification requirements necessary to fulfill the responsibilities of the position.

5.1.6 The Contractor shall obtain all licenses and permits required for each PSO, PSO

Supervisors, and all other Contractor employees performing in this contract.

5.1.7 The Contractor shall provide and maintain all management, supervision, manpower, material, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files. The PSO's profile shall contain an original or copy (electronic or paper) of the following information:

5.1.7.1.1 DHS 11000-6 Non-Disclosure Agreement

5.1.7.1.2 Driver's License/State Identification

5.1.7.1.3 Lautenberg Amendment/Domestic Violence Statement (annual)

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5.1.7.1.4 State Weapons Permit and Renewal (as required)

5.1.7.1.5 State Security Officers Certification and renewal (as required)

5.1.7.1.6 Local Permits and Renewals (as required)

5.1.7.1.7 Current Baton or OC Certification

5.1.8 Upon FEMA's request the Contractor shall provide each of the PSO's profiles with copies of all the licenses, permits and/or certifications required to perform in this contract. The Contractor shall complete and provide via email a spreadsheet showing compliance in accordance with this contract term. The spreadsheet shall reflect names and issue/expiration dates for all required licenses, permits, training and certifications as required by the local authorities and as identified herein. The

Contractor shall validate and certify that the information on the spreadsheet is accurate to ensure that all legal requirements have been fulfilled prior to the commencement of all work under the Contract.

5.1.9 The Contractor shall provide an updated spreadsheet to the Government upon the

CO's or COR's request.

5.1.10 The Contractor shall ensure every PSO, prior to performing in this contract, receives an orientation and understands of the following:

5.1.10.1.1 Contract Security Guards' Duties and Responsibilities

5.1.10.1.2 Familiarization with the latest version of 41 C.F.R. Part 102-

74 – FACILITY MANAGEMENT, Subpart C – Conduct on

Federal Property

5.1.10.1.3 FEMA points of contact

5.1.10.1.4 Sign-in procedures

5.1.10.1.5 Jurisdiction and Authority

5.1.10.1.6 Weapons safety requirements

5.1.10.1.7 Other issues that may impact the Contract Security Guards performance supporting FEMA operations

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5.1.11 The Contractor shall ensure PSOs carry their firearm license and permits (and, where legally required, their concealed weapons permit) on their person while on duty, unless local or state law requires the Contractor to maintain the records. Failure by a PSO to carry a valid firearm certificate or permit while on duty shall result in the PSO being removed from the post until the certificate or permit is obtained.

5.1.12 The Contractor must provide a copy of their company Use of Force Policy.

5.1.13 The Contractor shall plan, schedule, coordinate and ensure effective performance necessary to accomplish security services as described and required in this Statement of Work (SOW).

5.1.14 The Contractor shall obtain, possess, and maintain all business and corporate licenses required to operate as a commercial security service within the specific geographic areas covered under this the contract prior to performing any work under the specific contract.

5.1.15 The Contractor will provide a written certification for each PSO and PSO

Supervisors that has received this company orientation and maintain such certification in the Contract Security Guards' profile.

5.1.16 Failure by the Contractor to obtain all required licenses prior to the execution of the contract and / or renewal of licenses and permits upon their expiration may be grounds for termination for cause. Failure by the Contractor to monitor licensing requirements of personnel performing in this contract or immediate removal and replacement of any individual who for any reason does not have the required licenses may be grounds for termination for cause.

5.1.17 The Contractor shall assign a point of contacts (POC) for communication with government officials and for coordination of PSO services. The POC shall be available 24/7 to the government.

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5.1.18 False statements, certification, or falsification of any documents required in this contract by the Contractor, contract manager, or any contract employee are punishable under U.S. Code Title 18, Chapter 47, Section 1001, Fraud and False

Statements. The Government may initiate investigations by its Office of Inspector

General (OIG), FEMA Fraud Investigative Internal Division (FIID), or Federal

Protective Service (FPS) Criminal Investigations Branch, may initiate debarment proceedings, and/or may take contractual remedies, up to and including termination for default. Under no circumstances whatsoever will the Government tolerate falsification of required documents.

5.1.19 The Contractor and FEMA will meet weekly or as determined necessary by

FEMA to discuss performance, training and certification issues.

5.1.20 The Contractor shall ensure that PSOs assigned to work under the contract are in good general health without physical and / or psychological impairments that would interfere with the safe and efficient performance of their duties.

5.1.21 The Contractor shall provide the COR with a "Contingency / Surge Plan" describing all measures to be taken when an expected or unannounced disaster occurs.

5.1.22 The Contractor is responsible for ensuring that PSOs, both current and prospective, can perform the essential functions described below, with or without reasonable accommodation. If a PSO alleges that he/she has a disability requiring reasonable accommodation to perform the essential functions of the job, it is the Contractor's sole responsibility to discuss reasonable accommodation, if any, to provide, at the

Contractor's own expense. The Contractor, not FEMA, is responsible for complying with the provisions of the American with Disabilities Act (ADA) of

1990 (Pub L. 101-336) and/or the Rehabilitation Act of 1973, as applicable, with respect to its employees.

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5.1.23 The Contractor shall provide the CO and COR the POC names, telephone numbers, mobile phone numbers, facsimile numbers, email addresses, and office address of the

POC immediately upon notification of issuance / award of the contract.

5.1.24 Changes to the amount of equipment and / or supplies required, or otherwise affect the

Contractor's cost or the contract price, must be made by the CO.

5.1.25 The Contractor shall be financially liable for accepting or implementing changes that affect the contract price that have not been directed / approved by the CO. Therefore, the Contractor shall be responsible for verifying with the CO whether any requested changes should be provided pending issuance of a modification.

5.2 The Protective Services Officer (PSO)

PSOs have a crucial and highly visible role in the FEMA mission. They are usually the first line of defense, so it is crucial that the Contractor ensures that PSOs realize the importance of their role, know their duties, and always perform their duties courteously and professionally.

5.2.1 The PSO shall perform the services as prescribed by the contract to include the Post

Orders and security processes that are contained within the existing disaster Occupant

Emergency Plan (OEP) associated with the assignment.

5.2.2 ln the event of an inconsistency or conflict between documents, the terms in this SOW take precedence over other documents.

5.2.3 PSOs shall perform their duties in accordance with the duties outlined in the Post

Orders, which are prepared by FEMA for all shifts on each post. Except for emergencies, the responsibilities of the PSO may not deviate from the duties prescribed in the Post Orders. The COR may modify, amend, and/or revise Post Assignment

Records to change shift duties, start and stop times, and post locations, provided the change has no increased impact on the contract cost.

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5.2.4 PSO shall not leave their post until properly relieved.

5.2.5 PSOs will be required to perform a variety of security-related duties, depending on the type of posts to which they are assigned. Each post will have a PSO Post

Assignment Record (Post Orders). Specific duties and responsibilities associated with each post will be described in the Post Orders.

5.2.6 PSO shall not neglect their assigned duties to familiarize themselves with Post Orders.

5.2.7 PSOs shall be knowledgeable of the location and use of the nearest first aid kit, fire extinguisher, fire alarm, emergency exit, and duress alarm (if any), and shall be ready, willing, and able to use them as necessary and as required by the Post Orders.

5.2.8 PSOs shall be responsible for keeping logs and writing reports of incidents and occurrences encountered during the tour.

5.2.9 PSO post assignments shall include, but are not limited to the following duties and responsibilities:

5.2.9.1.1 ACCESS/EGRESS CONTROL

5.2.9.1.1.1 Prevent, discover, delay, and/or detain persons attempting to gain unauthorized access to the property and/or personnel at the facility being protected. PSOs shall report all such incidents in accordance with established procedures as detailed in the Post Orders.

5.2.9.1.1.2 Contract Security Guards may be required to lock or unlock specific entrances/exits and turn on/off lights in their duty area at specific times as prescribed in the Post Orders.

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5.2.9.2 SECURITY SCREENING OR RANDOM-ACCESS MEASURES

5.2.9.2.1.1 PSOs shall screen personnel, packages, and vehicles for prohibited or unlawful items using manual, automated, or integrated screening techniques as prescribe in the Post Orders. PSOs shall prevent, discover, delay, and/or detain persons attempting to bring prohibited or unlawful items into the property and/or personnel at the facility being protected. PSOs shall report all such incidents in accordance with established procedures as directed by the COR or as detailed in the Post Orders.

5.2.9.2.1.2 PSOs shall be alert for unattended and suspicious packages. If the item is determined to be unattended or suspicious, PSOs will notify the onsite FEMA Security Manager and initiate a 911 call, if applicable.

5.2.9.3 VISITOR PROCESSING

5.2.9.3.1.1 Contract Security Guards will process visitors as directed in their Post

Orders.

5.2.9.3.1.2 PSOs are required to answer questions and provide directions to visitors and facility tenants. Prior to arriving on duty, each PSO shall be familiar with the name, address, and location of his/her post, as well as the Post Orders of the assigned post. PSOs shall be familiar with each tenant Agency's name and the locations within the facility of the most commonly sought-after offices or locations, such as service offices, restrooms, elevators, entrances and exits, retail spaces, and parking areas, and shall provide that information to any visitor upon request.

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5.2.9.4 INSPECTIONS AND RESPONSE

5.2.9.4.1 PSOs will in accordance with routes and schedules established in the Post

Orders. They will observe, detect, report, and respond to all suspected or apparent security violations.

5.2.9.4.2 PSOs will serve as the first responder to all security alarms and emergencies occurring within the area of assignment.

5.2.9.4.3 PSOs shall provide and maintain complete and effective surveillance, inspection, and protection of all internal and perimeter areas within the designated parameters and limits of the assigned post.

5.2.9.4.4 Some posts may require a combination of fixed hours at a PSO's booth facility and roving patrols. PSOs shall adhere to the patrol schedule as outlined in the Post Orders or as directed by the COR.

5.2.9.4.5 PSO Post hours are subjected to change with minimal notice.

5.2.9.5 BUILDING RULES AND REGULATIONS

5.2.9.5.1.1 PSOs shall monitor and observe building occupants and visitors for compliance with the Federal Management Regulations (41 C.F.R. part

102-74) and the facility's posted rules and regulations.

5.2.9.5.1.2 PSOs shall identify, report, delay, or detain those persons/personnel who violate the rules and regulations as appropriate and in accordance with and as directed by the Post Orders.

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5.2.9.6 EMERGENCIES

5.2.9.6.1.1 In case of an emergency condition requiring immediate attention, PSOs shall act/perform in accordance with procedures in the Post

Orders and at the direction of the COR. This may include diverting

PSOs from their posts to meet the condition and summoning appropriate assistance as it may be required.

5.2.9.6.1.2 PSOs shall immediately report all potentially hazardous conditions and/or identified security vulnerabilities/risks; security equipment in need of repair including inoperative lights, locks, security hardware, fences, leaky faucets, toilet stoppages, broken or slippery floor surfaces, blocked emergency routes/exits, and any other issue regarding the security of all FEMA assets and personnel.

5.2.9.6.1.3 PSOs shall summon professional assistance in accordance with procedures in the Post Orders in the event of injury or illness to

Government employees or others while in the facility or on the grounds.

5.2.9.6.1.4 PSOs shall prepare and maintain required reports in accordance with the Post Orders regarding security-related issues, such as accidents, fires, bomb threats, unusual incidents and unlawful acts, and provide these reports to those officials specified by the COR.

5.2.9.6.1.5 PSOs shall verbally report threatening circumstances and potentially threatening activities they observe to the COR or the onsite FEMA

Security Managers. Whenever possible, PSOs are encouraged to report a serious or potentially serious problem before responding so that they may receive all necessary backup and support to lessen or eliminate the potential threat.

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5.2.9.6.1.6 PSOs will be required to perform other such functions as may be necessary in the event of situations or occurrences such as civil disturbances, attempts to commit espionage, sabotage, or other criminal acts adversely affecting the security and/or safety of the

Government, its employees, property, and the public lawfully in facilities or on the grounds under the control of the Government.

5.2.9.7 ASSIGNMENTS AND SIGN-IN PROCEDURES

5.2.9.7.1.1 The Contractor shall be responsible for scheduling all work and notifying PSOs of their work schedules in a manner consistent with effective contract management.

5.2.9.7.1.2 The Contractor shall furnish a copy of the most current schedule to the

Government when requested by the CO or COR.

5.2.9.7.1.3 PSOs shall be in company uniform (see section 8.2) and ready to work at the start of their shift and shall remain on the job and in full company uniform until the end of their full tour of duty.

5.2.9.7.1.4 PSOs shall sign in/out when reporting/leaving their scheduled post on

DHS Form 139, PSO's Duty Register. PSO who patrol between buildings will sign in and out at each facility visited. Relief PSOs shall sign in and out at each post visited.

5.2.9.7.1.5 Each successively lower line on DHS Form 139 must be completed in chronological order, without exception. Lines may not be left blank among signatures in any period. A single line entry shall be used when separating a calendar date.

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5.2.9.7.1.6 Erasures, obliterations, superimposed or double entries of any type on any one line are unacceptable and will not be acceptable for payment purposes. When errors in signatures, times, post numbers, or duty status are made on the OHS Form 139, the next immediate line below or following on subsequent sheet's lines containing such errors, will be used to record all information for every column in the correct manner. The contract employee should cross a single line through the entire line of information on which such mistakes appear. The

Contractor shall attach a detailed memorandum of explanation to each

Form 139 containing erroneous entries for the purpose of correlating all mistakes made with the applicable valid lines of information, and for describing the reasons behind those mistakes. Payment of invoices is based on the above procedures.

5.2.9.7.1.7 The Contractor shall not remove the OHS Form 139s from the job site unless specifically authorized or instructed to do so by the CO or COR.

The COR representative will collect all such forms. If the Contractor removes the OHS Form 139s from the post, payment may not be made until the original forms are received by the COR.

5.2.9.7.1.8 All Contract Security Guards must be able to withstand the physical demands of the job and must be capable of responding to emergency situations without special accommodations by the Government.

5.2.9.7.1.9 The following are the essential job functions for uniformed employees working under the Contract:

5.2.9.7.1.9.1.1.1 Physically detaining and escorting an individual with assistance.

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5.2.9.7.1.9.1.1.2 Work greater than 10-hour shifts and have the capability to work additional hours due to unexpected activity.

5.2.9.7.1.9.1.1.3 Work under occasional tension or pressure.

5.2.9.7.1.9.1.1.4 Work alone while armed.

5.2.9.7.1.9.1.1.5 Frequent and prolonged walking, standing, sitting, and stooping.

5.2.9.7.1.9.1.1.6 Apply handcuffs.

5.2.9.7.1.9.1.1.7 Use of handgun, make shoot/no-shoot decision with handgun, fire handgun.

5.2.9.7.1.9.1.1.8 Occasional running or sprinting.

5.2.9.7.1.9.1.1.9 Respond to life threatening or emergency.

5.2.9.7.1.9.1.1.10 Climb while in pursuit or in an emergency

(stairs).

5.2.9.7.1.9.1.1.11 Pull oneself over an obstacle.

5.2.9.7.1.9.1.1.12 Lift/carry/drag/pull/push heavy objects.

5.2.9.7.1.9.1.1.13 Physically control crowds or by-standers.

5.2.9.7.1.9.1.1.14 Pursue suspects on foot and subdue combative person after running in pursuit.

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5.2.9.7.1.9.1.1.15 Any other related duties as determined by FEMA.

6. CONTRACTOR STAFF QUALIFICATIONS

6.1 PSOs and PSO Supervisors performing under this contract/orders must meet the following minimum qualifications:

6.1.1 U.S. Citizenship.

6.1.2 Proficiency in English (written and spoken).

6.1.3 Current or prior security experience, in accordance with Section 9 of the SOW.

6.1.4 Active Federal, State and Local Firearms permit(s), in accordance with Section 9 of the

SOW.

6.1.5 Have all state/local licenses, permits, registrations, or certifications as required to perform the duties and responsibilities of the position.

6.1.6 Must be at least 21 years of age.

6.1.7 PSOs and PSO Supervisors must receive a favorable suitability adjudication from

FEMA (in accordance with Section 3 of the SOW) prior to beginning work under the contract.

6.2 PSOs must meet the following minimum "Professional Qualifications":

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6.2.1 PSO shall have a successful completion of local and state firearms or other training requirements and possession of a current weapons permit, and upon request produce them for immediate inspection at the work location / job site.

6.2.2 PSOs shall have at least two years of security / police experience, or two years of military experience on active duty or in the National Guard or reserve military forces.

7. CONDUCT

7.1 PSOs shall always behave and perform professionally.

7.2 While on post PSOs shall refrain from:

7.2.1 Engaging in any disallowed activities while standing post.

7.2.2 Non-official fraternization with building occupants or visitors.

7.2.3 Violating 41 C.F.R. part 102-74 subpart C or other Federal, state, or local law.

7.2.4 Eating or using any tobacco product.

7.2.5 Reading newspapers, books, magazines, etc.

7.2.6 Using, watching, or listening to non-official audio or video devices.

7.2.7 Sleeping, dozing, or napping.

7.2.8 Playing cards or other games.

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7.3 The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, hygiene, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to include removal of a PSO from this contract at its own discretion or at the direction of the CO.

7.4 OHS and FEMA reserve the right and prerogative to deny and/or restrict the facility and information access, or to direct the removal from the Contract, of any Contractor employee who:

7.4.1 DHS determines to present a risk of compromising sensitive Government Information to which he or she would have access to under this contract.

7.4.2 Solicits or receives gifts based upon their contract position.

7.4.3 Engages in personal use of government property.

7.4.4 Uses government property or non-public information for private gain.

7.4.5 Engages in political or private fundraising while on duty.

7.4.6 Promotes or endorses political candidate or agenda while on duty.

7.4.7 Engages in any generally inappropriate behavior while on duty.

7.5 The COR may recommend to the CO that the CO direct the Contractor to remove any employee from any or all locations where the Contractor performs with FEMA if the employee is not maintaining satisfactory performance in accordance with the contract. The CO may direct the removal of employee for a disqualification for employment suitability, performance suitability, or security reasons, or found unfit for performing security duties during his/her tour of duty.

The CO may direct the removal of contract employees from the contract for misuse, willful damage, or willful destruction of Government property. The contract employee may face further penalties as deemed necessary by the Government. In the event of a dispute by the

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Contractor of the directed removal, the CO will make the final determination. The CO will provide specific reasons for removal of an employee to the Contractor in writing.

7.6 The Government shall not be responsible for any additional costs borne by the Contractor in connection with removed personnel.

8. FITNESS REQUIREMENTS

8.1 BACKGROUND INVESTIGATIONS

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA's Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access

Contractor personnel occupying positions or performing functions with a low-risk designation and who do not require access to DHS or FEMA information systems shall undergo a Tier 1 (Tl) background investigation which is equivalent to the previously identified National Agency Check with Inquiries (NACI). Either of these investigations must be supported by a separate credit check and must receive a favorable adjudication thereof from FEMA PSD prior to holder performing work under this contract. A favorably adjudicated NACI & C will remain acceptable for the purpose of reciprocity where a Tl investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

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Low Risk with Information System Access

Contractor personnel occupying positions or performing functions with a moderate risk designation shall undergo a Tier 2 Suitability (T2S) background investigation which is equivalent to the previously identified Moderate Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated MBI will remain acceptable for the purpose of reciprocity where a T2S investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

High Risk

Contractor personnel occupying positions or performing functions with a high-risk designation shall undergo a Tier 4 (T4) background investigation which is equivalent to the previously identified Background Investigation (Bl) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract.

A favorably adjudicated Bl will remain acceptable for the purpose of reciprocity where a T4 investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Background Investigation Process

Contractors performing on this contract must be United States Citizens. Contractor applicants must also be 18 years of age or older to allow for the conduct of certain security related queries.

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA

Contracting Officer's Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, "Contract

Fitness/Security Screening Request." The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA

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PSD for processing. The Contractor shall also provide the FEMA COR with completed OF

306, "Declaration for Federal Employment," forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA

PSD if:

• the investigation was completed within the last five years.

• it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract.

• the contractor personnel have not had a break in employment since the prior favorable adjudication; and,

• FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email to the contractor personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel

Management's Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

• Standard Form 85P, "Questionnaire for Public Trust Positions"

• Optional Form 306, "Declaration for Federal Employment"

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• SF 87, "Fingerprint Card" (2 copies)

• DHS Form 11000-6, "Non-Disclosure Agreement"

• DHS Form 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act"

Applicants born outside the United States will be required to provide proof of citizenship in the form of a Certificate of Naturalization (Form NSS0 or NS70), an unexpired U.S. Passport, or State Department issued Consular Report of Birth Abroad (CRBA) (FS-240)

FEMA PSD will only accept complete packages consisting of all the above document and

Standard Form 85P, which must be completed electronically through the Office of Personnel

Management's e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information. Residency requirements apply to the background investigation process. Persons subject to investigation and final adjudication for fitness or suitability must have lived within the United States for no less than 3 of the last 5 years as defined in the DHS Instruction 121-01-007-01, Revision 01, The Department of Homeland Security, Personnel Security, Suitability and Fitness Program

(August 8, 2016). DHS has determined this to be the amount of time required to be the sufficient minimum investigative period for the purpose of performing a suitability or fitness adjudication. Both, OPM and 0MB require a final adjudicative decision to support the issuance of the HSPD-12 compliant PIV Card that contractors are issued by FEMA Physical

Security.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA's Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division's initial review of the contractor personnel's background information reveals no issues of concern. In such cases, FEMA's Personnel Security Division will provide notice of such temporary

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Upon favorable adjudication of the full background investigation, FEMA's Personnel Security

Division will update the contractor personnel's security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA's

Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor.

Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract.

Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation

Eligibility determinations based on a Tl, T2S, or T4 (or the equivalent OPM investigation) are valid for five years from the date that the investigation was completed and closed.

Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA's Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer

The Contracting Officer, independent of FEMA's Personnel Security Division, may direct the

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Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

8.2 FACILITY ACCESS

The Contractor shall comply with FEMA Directive 121-1 "FEMA Personal Identity

Verification Guidance," FEMA Directive 121-3 "Facility Access," and FEMA Manual 121-

3-1 "FEMA Credentialing Access Manual," to arrange for contractor personnel's access to

FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card

(FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond

180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, "Fingerprint

Card," and an OF306, Declaration for Federal Employment, and receive approval from

FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) always.

FEMA may deny facility access to any contractor personnel whom FEMA's Office of the

Chief Security Officer has determined to be a potential security threat.

8.3 SEPARATION FROM CONTRACT

The Contractor shall notify the FEMA COR of all terminations/resignations within five

Page | 24 calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee's employment.

• Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

The Contractor or contractor personnel's failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel's removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

All personnel that require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S.

citizens. The contractor shall follow the standards established within DHS and FEMA policy.

8.4 UNAUTHORIZED DISCLOSURE OF CLASSIFIED OR UNCLASSIFIED

INFORMATION

Contractors and Subcontractors who are working on this contract shall receive Unauthorized

Disclosure of Classified or Unclassified Information training. Access to the training can be obtained at: https://securityawareness.usalearning.gov/disclosure/index.html https://securityawareness.usalearning.gov/disclosure/index.html

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Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

8.5 OPSEC TRAINING

Contractors and Subcontractors who are working on this contract shall receive the OPSEC

Awareness Brief. Access to the briefing can be obtained at https://securityawareness.usalearning.gov/opsec/index.htm

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

8.6 INSIDER THREAT TRAINING

Insider Threat training for Contractors can be found at:

https://securityawareness.usalearning.gov/itawareness/index.htm

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA

Contracting Officer Representative, before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within ten

(10) business days of joining the contract.

8.7 FOR OFFICIAL USE ONLY (FOUO) INFORMATION

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies

Attachment 01 https://securityawareness.usalearning.gov/opsec/index.htm https://securityawareness.usalearning.gov/itawareness/index.htm

Page | 26 to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor will:

1. Be aware of and comply with the safeguarding requirements for "For Official Use Only"

(FOUO) information as outlined in this directive.

2. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

3. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and Consultants shall execute an DHS Form 11000-6, Sensitive but Unclassified

Information Non-Disclosure Agreement (NOA), as a condition of access to such information.

Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NOA as determined by the applicable program manager. Execution of the NOA shall be effective upon date of the DHS

Policy and not applied retroactively.

8.8 IAW FAR 52.224-3 PRIVACY TRAINING

The Contractor shall ensure that initial privacy training, and annual privacy training, thereafter, is completed by contractor employees who-

8.8.1.(1) Have access to a system of records.

8.8.2. (2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

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8.8.3.(3) Design, develop, maintain, or operate a system of records (see also FAR subpart

24.3 and 39.105).

8.8.4. The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

8.8.5. The CO/COR is responsible for requesting documentation of completion of privacy training, which the contractor is required to maintain, on an as-needed basis.

8.9 IAW 3052.204-71 CONTRACTOR EMPLOYEE ACCESS

All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

8.9.1. Work under this contract may involve access to sensitive information. Therefore, the

Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance

8.9.2. Requires all contractor employees having access to sensitive information to be U.S.

Citizens or lawful residents (unless an exception is granted)

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8.9.3. Contractor must identify in their proposals, the names and citizenship of all non-U.S.

citizens proposed to work under the contract and must notify the CO of any changes to this list after contractor award

8.9.4. Serving as a liaison between the contractor and FEMA OCSO to ensure that all security documentation necessary to perform background checks and determine suitability of contractor employees is completed and submitted

8.9.5. Tracking and maintaining a list of all contractor personnel approved to work under the contract

8.9.6. Arranging a security briefing for all contractor employees prior to them receiving access to IT resources under the contract.

8.9.7 Contractor access to classified information is not currently required under this SOW.

9. UNIFORM, EQUIPMENT & FIREARMS REQUIREMENTS

9.2.1 Description

9.2.1.1. Shirts: Company standard Issued S/Sleeve or L/Sleeve w/Company Shoulder

Patches

9.2.1.2. Pants: Company standard Issued - All weather

9.2.1.3. Boots/ Shoes: Company Standard

9.2.1.4. Hat: Company Standard Baseball type with "Security" Imprinted

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9.2.1.5. Duty Belt with belt keepers

9.2.1.6. Hand Cuffs w/ case: Company Standard/Double lock

9.2.1.7. Level II Firearm Retention Holster: Company Standard, Slide on Belt Type with

Hammer/slide Safety Strap: Left/Right as Required

9.2.1.8. Double Magazine Case or Speed Loader Case compatible with Specified Weapon and Ammunition in accordance with this section

9.2.1.9. Level II Bulletproof Vest: The Contractor shall provide the PSOs with a Level II bulletproof vest, as a minimum requirement.

9.2.1.10. Two-Way Radios: The Contractor shall provide PSOs with a two-way radio with a minimum range of 5 miles.

9.2.1.11. Glove carrier/ w latex gloves: Company Standard

9.2.1.12. Expandable/Straight Police Baton w/ holder or Oleoresin Capsicum (OC)

9.2.1.13. In 2.0-ounce Non-Flammable Flip Top Safety Canister with Fog/Cone, Stream, or Foam Spray Pattern with appropriate holster for container

9.2.1.14. Based on the time of year, geographic area and weather conditions, the Contractor along with the COR will decide what type of shirt is appropriate. A winter jacket, patrol type, may be required for the winter months; this will be determined by the Contractor and the COR.

9.2.1.15. Notwithstanding any conflicting uniform and equipment requirements above, state and local law enforcement officers (LEO) working on the contract are required to wear the uniform of their primary Contactor.

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9.3 FIREARMS AND AMMUNITION:

9.3.1. PSOs shall carry only semi-automatic 9mm or .40 caliber pistol.

9.3.2. No weapons that have been modified from the original manufacturer's specifications are authorized in the performance of this contract.

9.3.3. All safety features on all weapons must be operational and engaged.

9.3.4. All weapons and ammunition to be used under this contract must meet the specifications in this contract.

9.3.5. All ammunition will meet manufacturer's specification.

9.3.6. ln case the Contractor employs state or local law enforcement officers (LEOs), the officer will wear the uniform of the primary Contractor.

9.3.7. Appropriate and ample supplies of firearms maintenance equipment (cleaning solvents, lubricating oil, rods, brushes and patches, and other normal maintenance tools) shall be provided to PSOs by the Contractor and at the Contractor's expense.

9.3.8. PSOs shall utilize only the authorized weapon and ammunition, with one weapon being assigned to only one person. There will be no sharing of weapons or assigning weapons to a post and not a person. PSOs shall inspect their firearms at the commencement of each tour of duty. Each firearm shall be cleaned and oiled regularly to ensure optimum operating condition. Firearms shall always be handled in a safe and prudent manner.

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9.3.9. The Contractor shall always account for all firearms and ammunition.

9.3.10. The Contractor shall provide a list of serial numbers of all firearms that will be carried during this Contract. The list shall be kept current; the Contractor must document and forward any changes to the COR within one week of the change.

9.3.11. If a firearm is lost or stolen, the Contractor shall notify the FEMA Security Manager and

COR immediately. The Contractor shall provide a detailed written report to the COR within 4 hours of the incident, including the date and time of the incident. The Contractor shall also notify the

COR of the serial number for the replacement weapon.

9.3.12. Semiautomatic weapons are the preferred sidearm for FEMA Contract Security Guards.

9.3.13. Common law enforcement caliber ammunition shall be used, such as 9mm and .40 calibers.

9.3.14. Contractors shall provide to the PSOs and PSOs shall carry three ammunition magazines, minimum of 10 rounds in each magazine. Each magazine carried will be full of ammunition. Two magazines will be spares and carried on the duty belt in a holder designed for that purpose. One magazine will be inserted in the handgun. The weapon will have a round in the chamber. PSOs shall engage all safety features on the weapon and shall always follow appropriate safety procedures.

9.4 SUPPLEMENTARY EQUIPMENT

9.4.1. The Contractor shall equip each guard post with supplementary equipment including, but not limited to:

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9.4.1.1. A notebook and pen.

9.4.1.2. A serviceable, standard police-type flashlight.

9.4.1.3. PSOs shall not possess any unauthorized supplemental or personal equipment (e.g., equipment not issued by the Contractor or required by the contract), such as (e.g., equipment not issued by the Contractor or required by the Contract) unofficial firearms, knives (except for a folding pocketknife), intermediate weapons, or other such nonstandard items. PSOs who are found in possession of such unauthorized equipment while on post shall face corrective action, such as forfeiture of the item(s), suspension, or permanent removal from the Contract.

10. HOURS OF OPERATION AND LABOR-HOURS

10.1 The current hours of operation are 24/7 throughout DR-4340-VI locations. Schedules will vary per location.

10.2. No employee of the Contractor or subcontracted employee shall provide more than twelve

(12) hours of combined service on any one or multiple contracts administered by FEMA in any twenty-four (24) hour period, unless the work periods are separated by an eight (8) hour non-duty period.

10.3. The limitation on hours may be orally waived by the COR in emergencies that are beyond the control of the Contractor (i.e., weather conditions that prevent the next shift from getting to the facility,…