70B03C22R00000014 - Attachment One - Statement of Work.pdf

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SECTION C – DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Statement Of Work

U.S. Border Patrol Headquarter – Transportation of Seized Goods (Armed)

70B03C22R00000014 – Attachment One

C.1 INTRODUCTION

As a component of the United States (U.S.) Department of Homeland Security (DHS), Customs and Border Protection (CBP) is responsible for protecting our Nation’s borders in order to prevent terrorists and terrorist weapons from entering the U.S., while enhancing security, and facilitating the flow of legitimate trade and travel. CBP is responsible for the detection and apprehension of individuals illegally entering the U.S.; stemming the flow of drugs and other contraband;

protecting our agricultural and economic interests from harmful pests and diseases; protecting American business from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. During the course of its mission requirements, the U.S. Border Patrol (USBP) seizes enormous amounts of illicit pharmaceuticals, marijuana and narcotics each year. The objective of this procurement is to secure a contractor to augment existing capabilities for the transportation, storage and destruction of those seized items for USBP Sectors in Arizona, New Mexico, Texas and Florida.

C.2 BACKGROUND

The USBP’s Tucson, Laredo, El Paso, Rio Grande, Del Rio and Miami Sectors seize controlled substances to include narcotics, pharmaceuticals and enormous amounts of marijuana each year, which create a significant labor drain in these offices. Without support in this area, agents would be required to drive hundreds of miles each day to pick up loads of bulk marijuana and other incidental controlled substances and then transport them back to the responsible office for processing. Most of these referral trips involve large loads of bulk drugs, requiring two to eight Agents participating in each trip and consuming an entire workday.

By obtaining these services externally by contract, work hours can be spent in a much more productive and efficient manner, namely enforcing national border enforcement security.

C.3 SCOPE

USBP has a requirement for contractor support services (hereinafter “Contractor”) to provide secured transportation of controlled substances to include bulk quantities of marijuana and pharmaceuticals. Except as otherwise provided herein, the Contractor shall provide all management, supervision, labor, materials and equipment necessary to accomplish the

SOW - 70B03C22R00000014 Attachment One Page 2 of 22 services identified within the statement of work. The Contractor shall be required to employ personnel who are qualified to legally carry weapons and who can pass a background investigation. The work to be performed will be the secure loading, transporting, and unloading of incidental controlled substances during the pickup and transportation of bulk marijuana from Border Patrol (BP) Stations to BP Storage Facilities (SF). Contractor will perform transportation events from stations/sectors to storage vaults unescorted by a USBP Agent/or other USBP personnel.

C.4 DESCRIPTION OF DUTIES

C.4.1 LABOR

a. The Contractor shall provide fully trained, armed and outfitted persons to load and unload large amounts of pre-packed bulk marijuana (bales weigh an average of 20 to 60 pounds each) and other incidental controlled substances at BP Stations and law enforcement departments. The duties of the armed personnel required under this contract, henceforth called Lead Transportation Security Officers (LTSOs) and Transportation Security Officers (TSOs), are described herein. The term “Lead Transportation Security Officer” means an armed person designated in writing by the Contractor who will be the Contractor’s authorized representative for technical and administrative performance of all service required under this contract. The term Transportation Security Officers is defined as an armed person assigned to load, unload, and secure pre-packaged bulk marijuana and other incidental controlled substances in performance of this contract.

b. The Contractor shall submit to the Contracting Officer’s Representative (COR) for review and verification, the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons (e.g., the TSOs) who will form the regular workforce of the Contractor under this contract by the effective date of the contract.

c. The Contractor is required to simultaneously submit to the COR for review and verification the names and all necessary documentation of fully trained and qualified personnel for the positions identified in this section or otherwise for persons who will be used in a reserve capacity (e.g., used to replace TSOs on scheduled or non- scheduled leave, or who will be available to respond to emergency situations) by the effective date of the contract.

d. The contractor shall assign a minimum of three (3) armed TSOs for the transportation of all narcotics. The Contractor may be subject to Government-determined personnel minimums for very high-risk shipments (e.g., large quantities, communicated threats, etc.) when needed.

e. The Contractor’s personnel shall possess a valid state, District of Columbia, or U.S.

SOW - 70B03C22R00000014 Attachment One Page 3 of 22 territorial motor vehicle operator’s license (e.g., Puerto Rico). Driver’s licenses must be carried at all times while working under this contract. The Contractor shall provide copies of its personnel’s motor vehicle operator’s licenses to the COR of this contract thirty days after contract award.

C.4.2 PERMITS AND LICENSES

a) The Contractor shall, at no additional cost to USBP, obtain and maintain in effect the necessary permits and licenses required by Federal, State and/or Local Government, or subdivisions thereof, or of any other duly constituted public authority required for the performance of work under this contract. The Contractor shall possess ALL licenses required to perform services within the states of Texas, New Mexico, Florida and Arizona. Further, the Contractor shall obey and abide by applicable laws and ordinances.

b) Prior to commencement of work under this Contract, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the state or local jurisdiction in which the services are to be performed to:

i. Obtain, possess, and maintain all business and corporate licenses required to operate as a commercial security service within the entire geographic area covered under this Contract prior to performing any work under this Contract scheduled to start on February 22, 2022. The Contractor shall furnish a legible copy of all legally required licenses and permits (excluding permits and licenses issued to individual Contract employees) to the CO by the Contract start date and provide any revised licenses or permits during the Contract term.

ii. Provide any official bond(s) and insurance required to the COR. The Contractor shall pay any fees or costs involved or related to authorization for the arming of any employees engaged in providing armed guard services specified under this Contract.

iii. The Contractor must obtain and ensure that all persons performing work under this contract obtain all licenses, certifications, training, national security clearances, and other required qualifications prior to the performance of work under this contract. As discussed herein, the Contractor itself and all personnel performing work under this contract are required to pass SENSITIVE clearance prior to the start of work under this contract.

The Contractor is required to maintain a copy of all licenses, certifications, records

SOW - 70B03C22R00000014 Attachment One Page 4 of 22 of training, national security clearance status (including but not limited to the date of the most recent background investigation), and documentation regarding other required qualifications of all contract personnel in positions identified herein and shall make and be authorized to make such documents and records immediately available to the Government for inspection and reproduction when requested to do so by the Contracting Officer or COR. If making such information available to the Government requires that contract personnel exercise any sort of release (e.g., because information is protected from disclosure by law of company policy), the Contractor shall ensure that appropriate releases are executed by contract personnel. Such releases shall be maintained with the affected or associated records.

iv. The Contractor shall ensure that all staff performing under the contract will maintain required licenses, certifications, training, national security clearances, and other contract qualifications at all times during the performance of work under this contract. The Contractor shall notify the COR in writing of any lapses in these requirements or problems related to the maintenance of them and shall advise the COR in writing of the Contractor’s proposed or anticipated solution. Such notification shall be given to the COR within one business day upon the Contractor’s identification of the problem.

c) The Contractor shall complete and certify a written record that shows names and issue dates for each Contract employee having each and all legally required licenses, permits, waivers, and certifications required by the state. This written Contractor certification shall state that all legal requirements have been fulfilled prior to the commencement of any Contract work. The Contractor shall provide an updated record to the Government upon request of the CO or COR. All LTSOs and TSOs performing services under the contract must have all appropriate certifications and permits. The Contractor shall not be reimbursed for an event, whereby services were performed by a LTSO or TSO lacking appropriate permits and certifications demonstrating the LTSO and TSO are legally permitted to perform the services.

d) The Contractor must pay all costs and fees associated with applying for, receiving, and maintaining all such permits and licenses throughout the term of the Contract.

The costs associated with this requirement must be factored into the Contractor’s rate, as they will not be itemized or paid for separately by the Government.

e) Where Contract employees are required by law to individually apply for licenses and/or permits, and a fee is required by the licensing agency, the Contractor shall reimburse the employee for all costs and fees associated with obtaining the required license/permit. The costs associated with this requirement must be factored into the Contractor’s rate, as they will not be itemized or paid for separately by the Government.

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f) LTSO and TSO’s shall carry their firearm license/permits (and, where legally required, their concealed weapons permit or state required waivers) on their person while on duty, unless local or state law requires the Contractor to maintain the records.

g) Failure by the Contractor to obtain all required licenses as of the Contract start date when reasonably foreseeable and operationally feasible, will be grounds for termination for default.

h) Failure by the Contractor to maintain valid licenses and permits will be cause for the Government to take Contractual actions, up to and including termination for default.

C.4.3 CONTRACTOR PERSONNEL

a) The Contractor’s personnel shall be available and able to perform under this contract during the time periods as indicated per required events (see Section C.12 – Place of Performance), respective of the time zone in question. Additionally, in certain instances, work may be performed beyond standard business hours. In those instances, in which the event extends beyond standard business hours, when reasonable foreseeable and operationally feasible, the Contractor will be notified prior to the event. During periods of assignment, the Contractor’s LTSO will coordinate task objectives with the USBP supervisory personnel assigned to the designated USBP Office(s).

b) In the event that an individual in a position identified herein ceases to perform work under this contract (e.g., through reassignment, transfer, voluntary or involuntary separation/termination), the Contractor shall, by the next business workday assign a replacement who possesses all clearances, training, licenses, certifications, etc., required under this contract to the vacated position. The Contractor shall immediately require the return of and take possession of the departing individual’s USBP building pass, other Government issued credentials or identification, uniform patches and other indicia of association with USBP or with this contract. The Contractor shall turn these items over to the COR within two (2) business days of the individual’s departure from work under this contract.

c) The LTSO shall be the primary point of contact for the COR, through which all

Contractor work and technical direction shall flow through to Contractor staff performing under the contract, and he/she shall have the same authority to act on the Contractor’s behalf.

d) The Contractor shall provide four LTSOs: one individual to serve as the LTSO for each of the Areas of Responsibility (AORs) in Texas, New Mexico, Florida and Arizona.

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e) The LTSO will also maintain a Duty Log, which will be kept at each USBP Office.

The Duty Log shall contain:

All reports including custody receipts.

Border Patrol Report of Apprehension and Seizure (Form I-44)

f) The LTSO shall notify the USBP POC of the Contract personnel who will be present at the USBP loading sites. The LTSO shall collect all reports, including custody receipts, at the loading site. All documentation obtained from the loading sites shall be provided to USBP. The TSOs shall not accept any bulk marijuana or other incidental controlled substances or assume responsibility if there is any discrepancy in the documentation or item count. In the event of a discrepancy, both the COR and the USBP Supervisory personnel assigned to the designated USBP Office shall be notified immediately.

g) The TSOs shall sign and copy the Border Patrol Report of Apprehension and Seizure (Form I-44), and applicable chain of custody forms and ensure that it corresponds with the bulk marijuana and other incidental controlled substances pick-up. This form will be turned in to the Evidence Custodian at the corresponding USBP Office with the bulk marijuana and other incidental controlled substances.

C.5 QUALIFICATIONS FOR ALL CONTRACT PERSONNEL

a) Contractor Personnel must be a citizen of the United States.

b) Be at least 21 years of age. While there is no limit as to the maximum age of LTSO or TSO, all employees must be able to withstand the physical demands of the job and must be capable of responding to emergencies.

c) Possess, and can provide a copy of at a minimum, either a high school diploma or a GED equivalency certificate. If the applicant is providing educational documentation from a foreign educational institute, the foreign institution must present instruction equal to the US. Department of Educational Standards. (All documents presented in a foreign language must be translated into English and notarized, a notarized original and a copy of the foreign diploma or certificate will be maintained in the applicant’s personnel file.)

d) Speak English fluently, read and comprehend written English, and compose coherent written reports in English.

e) Meet one of the following experience/education requirements:

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a. Three years of security experience within the past five years; or

b. Three years of military or National Guard (active duty or reserve, reserve service must equal 3 full years of fulltime employment) experience; or

c. Three years as a sworn law enforcement officer (federal, state, or local) which provided knowledge and experience in the identification, handling and management of narcotics and their derivatives; or

d. Successful completion of a state certified Police Officer’s Standard Training (POST) Academy, a federal law enforcement academy; or

e. Any reasonable combination of the above (i.e., two years of security experience plus one year of college coursework related in the field).

f) Must be able to meet and deal tactfully with Government employees, the public and other persons present in USBP facilities.

g) Must be able to understand, explain, interpret, and apply detailed orders, rules, regulations, instructions, training materials, and procedures.

h) Must be able to prepare clear, concise, accurate and detailed written reports.

i) Must have no previous arrests or convictions.

j) Must be able to safely carry and use a firearm.

C.5.1 MEDICAL AND PHYSICAL QUALIFICATIONS

C.5.1.1 General

a) The Contractor shall ensure all uniformed employees working under the Contract meet the medical requirements described in the following sections. The Government will not grant any waivers of the medical standards.

b) The Contractor is also responsible for ensuring that all uniformed employees are able to perform the essential functions described below, with any reasonable accommodation.

If one of the Contractor's employees alleges that s/he has a disability and requires a reasonable accommodation to perform the essential functions of the job, it is the

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Contractor's sole responsibility to discuss reasonable accommodation with its employee and to decide what accommodation, if any, to provide at its own expense. The Contractor, not the Government, is responsible for complying with all provisions of the Americans with Disabilities Act of 1990 (ADA)-(42 USC 12101-12213) and the Rehabilitation Act of 1973 (29 USC 790-794).

C.5.1.2 Medical Standards

a. The Contractor shall require all of its employees, who are prospective TSO’s, to undergo a pre-employment medical/physical examination and every year thereafter. The Contractor shall ensure that all of its uniformed employees meet the medical standards set forth below. Examinations shall be administered a t C o n t r a c t o r s e x p e n s e by a licensed physician and documented on an Optional Form (OF) 178. (Ref. Exhibit 1).

b. The Contractor shall fully and accurately complete Section 4 of the OF 178 based on the medical standards and essential job functions set forth in the Contract. All employees (productive and supervisory) must meet the health certification requirements listed in the OF 178. The Contractor shall submit a completed OF 178 for each employee to the COR prior to any Contract employee being permitted to work under the Contact.

If an employee of the Contractor claims that, s/he has a disability that prevents him/her from meeting the medical standards or performing the essential job functions, it is the Contractor’s responsibility to obtain medical verification of the disability and to provide reasonable accommodation, if necessary, at its own expense. The COR will review all medical documentation to ensure that it is complete and in compliance with the Contract.

No TSO shall be permitted to work under the Contract (in a condition, w h i c h would preclude the effective performance of all required activities set forth under the SOW) until the certificate and medical documentation has been reviewed and approved for compliance with the Contract by the COR.

c. All Contract employees must meet the following medical standards:

1. Vision: Applicant must have binocular vision and must not test less than 20/20 (Snellen). Corrected vision must not test less than 20/20 in 1 eye and 20/40 in the other eye. An applicant who has undergone a Radial Keratotomy, photorefractive keratotomy or laser correction procedure to correct his or her vision to an acceptable level will be considered medically qualified for this position. Near vision, corrected or uncorrected, must be sufficient to read Jaeger Type 2 at 14 inches. Applicant must be able to distinguish basic peripheral vision.

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2. Hearing: Applicant must be able to hear the whispered voice at 15 feet with each ear. Using an audiometer for measurement, there should be no loss of 30 or more decibels in each ear at 500, 1000, and 2000 CPA levels.

3. Speech: Individual must be able to speak clearly and distinctly. Any disease or condition that significantly interferes with the individual’s ability to speak is a disqualifying factor.

4. Cardiovascular System: Any disease or condition that interferes with cardiovascular function and the individual’s safe and efficient job performance is a

5. Chest and Respiratory System: Individual must have a healthy respiratory system.

Any disease or condition that interferes with respiratory function and the individual’s safe and efficient job performance is a disqualifying factor.

6. Gastrointestinal System: Individual must have a healthy gastrointestinal tract.

Any disease or condition that interferes with gastrointestinal function and the individual’s safe and efficient job performance is a disqualifying factor. An ulcer active within the past year may also be a disqualifying factor.

7. Genitourinary System: Individual must have a healthy genitourinary system.

Any disease or condition that interferes with the individual’s safe and efficient performance of the job is disqualifying.

8. Endocrine and Metabolic Systems: Any condition affecting normal hormonal or metabolic functioning and response that is likely to adversely affect the individual’s safe and efficient job performance is a disqualifying factor.

9. Musculoskeletal System: Any condition that adversely impacts on the individual’s movement, agility, flexibility, strength, dexterity, coordination, or the ability to accelerate, decelerate, or change directions, and that is likely to adversely affect the individual’s safe and efficient performance of duties, is a

10. Hematology System: Any hematological condition that is characterized as chronic has caused a hematological crisis, or adversely impacts the individual’s safe and efficient performance of duties is a disqualifying factor. Such conditions may include anemia or thrombocytopenia.

11. Neurological Systems: Any disease or condition that interferes with the

SOW - 70B03C22R00000014 Attachment One Page 10 of 22 individual’s central or peripheral nervous system function and that is likely to adversely affect the safe and efficient performance of duties is a disqualifying factor. Any condition with loss of motor skills, muscle strength, cognitive function, coordination, or gait; sensory loss (limb, hearing, or vision); tremor; pain; or effect on speech is a disqualifying factor.

12. Psychiatric Disorders: Any disorder that affects the individual’s judgment, cognitive function, or the safe and efficient performance of essential job functions, is a disqualifying factor.

13. Dermatology: Any disease or condition that may cause the individual to be unduly susceptible to injury or disease as a consequence of environmental exposures, including the sun, or which results in restricted functioning or movement and thereby impairs the safe and efficient performance of essential job functions is a disqualifying factor.

14. Medication: The individual’s use of medications such as narcotics, sedative hypnotics, barbiturates, amphetamines, or any drug with the potential for addiction, that is taken for extended periods of time (e.g., beyond 10 days), or is prescribed for a persistent or recurring underlying condition, is a disqualifying factor.

15. Organ transplantation and prosthetic devices: Any transplantation or prosthetic device that adversely affects the individual’s ability to safely and efficiently perform essential job functions is a disqualifying factor.

C.6 DRESS AND EQUIPMENT CODE

a. In order to promote easy identification for USBP personnel, other Federal Officials and the public, all LTSOs and TSOs shall be dressed in a uniform, which conveys a professional appearance designated by the Contractor during performance of work under this USBP contract.

b. Contractors shall adhere to a set uniform standard, which includes a nametag, without any additional or unauthorized insignia / adornments.

c. Contractors must adhere to personal grooming standards and will not have facial piercings, facial tattoos, or intentional facial or visual disfigurements. Ponytails, pigtails, outlandish hair color, long unkempt hair, garish makeup, excessive jewelry or an otherwise disheveled appearance will not be permitted.

d. Level IIIA ballistic protection vest shall be worn under or over the duty uniform shirt of the LTSOs and TSOs during events. Transportation Security Officers have the

SOW - 70B03C22R00000014 Attachment One Page 11 of 22 option of wearing the vest during all other times. The Contractor shall provide the vest to each officer and supervisor assigned to perform work under this contract.

e. The Contractor shall provide its employees with cellular telephones. Contractor shall select a cellular carrier that provides the best service/coverage in the remote areas of operation. Additionally, USBP will provide portable radios for effective communications.

C.7 CONTRACTOR VEHICLE REQUIREMENTS

a. The Contractor shall provide appropriately sized vehicle transportation resources to transport seized narcotics. Coordination of loads shall be accomplished between the LTSO and the Government Point of Contact prior to transportation event. The contractor shall provide vehicles capable of moving up to four (4) pallets or 4,000 lbs of bulk narcotics per event in each AOR. On rare occasions the bulk narcotics may exceed 4,000 lbs, contractor must be able to transport these larger loads within the same event time frame.

b. The Contractor-provided vehicles shall have rigid cargo areas and the cargo area doors shall be fitted with a tamper proof security device to prevent theft of cargo.

c. The Contractor shall ensure that trucks are equipped with real-time tracking and alerting Global Positioning System (GPS) equipment and monitoring and alerting system equipment will be housed at USBP Office and access will be made available to both LTSO and USBP designated personnel for each AOR.

d. The Contractor will be responsible for all fuel, maintenance, registration, licensing, insurance, or other costs associated with Contractor-provided vehicles. In addition, if a contractor’s vehicle is inoperable a replacement vehicle of the same type must be provided to avoid any disruption in the performance of this contract within a specified timeframe approved by the COR.

e. In the event of a motor vehicle accident, the Contractor shall ensure the following actions are taken by the operator or LTSO or TSO if the operator is incapacitated:

- Respond appropriately to ensure injured persons are tended to and that the scene does not create a hazard to passing traffic.

- Notify local authorities

- Notify Sector Base Radio/Command Center

- Notify immediate supervisor.

- Avoid making statements to any witnesses or other parties regarding cause or fault of the accident.

- Obtain identities of participants and witnesses.

- Cooperate with local authorities investigating the accident.

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f. The Contractor shall have in his possession a USBP accident form package. After an accident, completion of this form shall be provided to the COR. This package will be provided at contract commencement and will consist of the following:

- SF-91: Operator’s Report of Motor Vehicle Accident

- SF-94: Statement of Witness

- SF-95: Claim for Damage, Injury, or Death

- CBP-52: Report of Property for Survey

- CBP-502: Safety Investigation Data Form

- Scene photos and/or diagrams

- Repair estimates

- Statements, memos, and all documentation pertaining to the accident

g. The Contractor shall obtain the following information about the other driver involved in the accident:

--name and address of the other driver;

--permit number, issuing state and expiration date of other driver’s license;

--name and address of the owner of the vehicle;

--make, type, year, license number and state in which the vehicle was registered;

--name of insurance company and policy number.

h. Additionally, the Contractor shall provide a list of the following information to the COR:

-- any obvious or mentioned personal injuries to any person(s) as a result of the accident;

--damage to the other vehicle;

--damage to the Contractor-provided vehicle;

--name, badge number, precinct number of the police officer at the scene, if any, and the police report number; and --names and addresses of any witnesses to the accident and any passengers in the Contractor-provided vehicle.

i. Drivers of Contractor-provided vehicles must obey all motor vehicle traffic laws of the State(s) and/or local jurisdictions in which they operate. Traffic fines imposed on a Contractor for an offense committed while in the performance of this Contract shall be the responsibility of the Contractor. This includes fines for parking violations. Motor vehicle tickets received shall be reported to the COR within 24 hours of receipt.

C.8 WEAPONS

a. The Contractor shall provide weapons and weapons training to its personnel, as well as bi-annual re-qualification certifications to comply with applicable State laws. The

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Contractor must ensure that LTSOs and TSOs have the appropriate permits to carry weapons in the state of Texas, Arizona, Florida and New Mexico. An individual who fails to re-qualify is no longer certified to carry a weapon and shall not be assigned to perform on this Contract until the re-qualification requirement is met according to the USBP Basic Qualification Requirements. The certification shall be provided bi-annually. Firearms Qualification: LTSOs and TSOs as well as alternates shall qualify with designated and authorized firearms, and the firearms must be identical to the ones that will be used in the performance of LTSOs and TSOs duties (weapon Models listed below). NOTE: Public Law 104-208 as amended

Title 18, United States Code, Sections 921, 922 and 925, making it unlawful for any person convicted of a misdemeanor crime of domestic violence to ship, transport, Possess, or receive firearms or ammunition. Such persons shall not be suitable to perform armed services under this contract.

The Contractor shall administer a test to each person proposed for a position as a LTSO or TSO in order to determine his/her pistol weapons handling proficiency. The Contractor shall furnish to the COR a certification for those individuals (s) who have successfully demonstrated the required proficiency within 30 days of contract award. For persons proposed as replacement or additional personnel, the certification shall be provided to the COR prior to the individual’s commencement of duties under this contract. At least one (1) week prior to the conduct of the required test, the Contractor shall notify the COR that a test will be held. The Government reserves the right to send a representative, to be designated by the COR, to observe the test.

Handguns shall be any of the following:

Compact or full size semi-automatic pistols

b. Shoulder weapons shall be any of the following:

Remington model 870, 12 gauge, pump-action, single barrel non-ported shotgun with a barrel length of 14 to 20 inches long and overall length not less than 26 inches, or equivalent model with the same salient characteristics of the Remington. The shotgun must be equipped with either a fixed stock or a folding stock that can be extended to allow the weapon to be fired from the shoulder.

Carbines capable of semiautomatic firing of .223/5.56mm caliber ammunition.

Only contractor-authorized weapons shall be carried on duty. LTSOs and TSOs authorized to carry shoulder weapons must have them available for immediate deployment.

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Authorized handguns must be worn at all times while on duty.

Copies of the permits, licenses, certificates, or similar official documents shall be provided to the COR within 30 days of contract award or prior to the commencement of work under this contract by any subsequently required (e.g., replacement or additional) LTSO or TSO. Copies of all related bonds shall be similarly furnished.

c. Only knives that are concealed in the pocket or clip on pocketknives are acceptable. Under no circumstances will large-size, externally-worn, sheathed knives be worn by contractors.

C.9 SHOOTINGS AND ASSAULTS:

These requirements address the responsibilities of the LTSO and TSOs following a shooting or assault incident. The following requirements apply to any discharge of a firearm by contract personnel.

Immediately following any discharge of a firearm by contract personnel, LTSOs and TSOs shall ensure that the following steps are taken:

1. Control any threat to the safety of persons at the scene.

2. Provide first aid, if necessary.

3. Request emergency medical assistance, if necessary.

4. Secure all firearms and other weapons.

5. Notify Law Enforcement/USBP Tactical Command Center

6. Notify USBP COR and USBP Task Monitor.

7. Secure the perimeter and protect the contents of the truck.

8. When the nature of an uncontrolled area prevents securing the scene or perimeter and protect evidence, a designated USBP employee will obtain detailed photographs and prepare a diagram of the scene for investigative purposes. If this is not practical due to the nature of the uncontrolled area, the investigating employee must prepare a written report detailing these circumstances.

C.9.1 USE OF LETHAL FORCE:

There may be times in performing contract duties when contractor employees will be confronted with situations that present a danger to the individual, other people or to federal property. Report any use of force immediately to the USBP COR and POC. If use of force is necessary, TSOs are expected to use the minimum level of force necessary. TSOs must rely on officer’s training, experience and judgment to determine the best course of action, keeping in mind that the safety of life and property is officer’s first priority. If unable to contact the USBP prior to taking action, report the situation as soon as able to do so.

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C.10 QUALITY CONTROL PLAN

a) The Contractor shall provide a detailed Quality Control Plan with their proposal submittal. The plan will be incorporated into the contract at the time of Contract award.

The Contractor’s Quality Control Plan shall include, but not be limited to, the following areas:

1. Identification of the designated Quality Control Monitor(s) evidence of their qualifications and responsibilities.

2. A description of the type, level, and frequency of inspections performed by the Contractor’s Quality Control Monitors. Inspections shall be conducted by the Quality Control Monitor in accordance with the Quality Control Plan and as frequently as necessary to ensure effective performance by the Contractor. While the Contractor may perform more inspections than are required in the Quality Control Plan, in no event shall the Contractor perform fewer inspections than required by that Plan. Quality Control Inspection Check Lists which include, as a minimum, checks of: equipment, uniform and appearance; attendance; sign in/out procedures; knowledge of and adherence to USBP’s requirements and operating procedures (as it relates to this solicitation); possession of certification and company identification card(s); possession of required licenses, permits (and state required waivers when applicable); current firearms qualifications; and overall contract performance.

3. A description of the Contractor’s employee reward/incentive program and the Contractor’s disciplinary procedures, used when the Contractor’s Quality Control Monitors.

4. Under no circumstances shall individuals appointed as Quality Control Monitors serve as uniformed employees working under this Contract, nor shall they be armed in the performance of their duties.

b) Quality Control Inspection Reports shall be prepared by Quality Control Monitors and remain on file with the Contractor for all inspections made during the entire Contract period. The Contractor shall make those reports available to the CO or COR upon request.

c) The Contractor shall brief the COR of any problems or deficiencies noted during an inspection and shall inform the COR of all actions taken or planned to resolve the problem. If the Contractor’s performance indicates that additional quality control measures are needed, the CO and COR will meet either in person or via telephonic conference with the Contractor to discuss the Contractor’s performance, Quality Control Plan, and any other areas of concern. Through the CO, the COR may request that the Contractor take additional steps to improve both the overall performance of the Contract and adherence to their Quality Control Plan.

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d) The Government shall consider the Contractor’s adherence to their stated Quality Control Plan during annual performance evaluations. Failure by the Contractor to adhere to their stated Quality Control Plan may result in Contractual actions being taken by the Government to correct such deficiencies.

C.11 PERIOD OF PERFORMANCE

Base Period: February 26, 2022 – February 25, 2023

Option Period 1: February 26, 2023 – February 25, 2024 Option Period 2: February 26, 2024 – February 25 2025

Option periods shall be exercised based on the needs and in accordance with the requirements of the Government.

C.12 PLACE OF PERFORMANCE

a) The place of performance shall be as outlined below within each US Border Patrol Sector area of operations indicated. Contractor transportation requirements shall be based on the number of events required per Sector.

An EVENT is defined as a trip to all temporary storage locations (i.e. stations and/or checkpoints) within the individual Sectors, and to the final destination for drop-off of seized goods. The number of events required is indicated within each Sector below.

b) US Border Patrol Sectors and Transportation Events Required as follows:

Tucson Sector

The Contractor shall provide two (2) transportation events per week, during the following periods: Monday and Friday.

Tucson Sector Area of Responsibility

Tucson Sector covers 262 miles of linear border from the Yuma County line to the Arizona/New Mexico state line. It is made up of eight stations that are broken down into three corridors.

The stations that make up the Tucson Sector are:

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Why (Ajo) Casa Grande Tucson Nogales Wilcox Sonoita Bisbee Douglas

El Paso Sector the following periods: Monday and Friday.

El Paso Sector Area of Responsibility

The El Paso Sector is comprised of eleven stations and covers the geographical region of the entire state of New Mexico as well as two counties within far west Texas.

The stations that make up the El Paso Sector are:

Alamogordo, New Mexico Albuquerque, New Mexico Clint, Texas Deming, New Mexico El Paso, Texas Fort Hancock, Texas Las Cruces, New Mexico Lordsburg, New Mexico Santa Teresa, New Mexico Truth or Consequences, New Mexico Ysleta, Texas

Laredo Sector the following periods: Monday and Friday.

Laredo Sector Area of Responsibility

Laredo Sector is comprised of nine (9) stations, covers approximately 171 miles of border, and is comprised of 116 Texas Counties.

The stations marked for event pickup in Laredo Sector are:

Freer Station Laredo North

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Laredo South Laredo West Hebbronville Cotulla Zapata

Rio Grande Valley Sector the following periods: Monday and Friday.

Rio Grande Valley Sector Area of Responsibility

The Rio Grande Valley Sector is comprised of more than 34,000 square miles of Southeast Texas, and is comprised of 34 Texas counties.

The stations that make up the Rio Grande Valley Sector are:

Brownsville Fort Brown Weslaco Harlingen McAllen Rio Grande City Falfurrias Kingsville Corpus Christi

Del Rio Sector the following periods: Monday and Friday.

Del Rio Sector Area of Responsibility

The Del Rio Sector is comprised of more than 59,541 square miles of Texas, and is comprised of more than 41 Texas counties.

The stations that make up the Del Rio Sector are:

San Angelo Del Rio Bracketville Comstock Abilene

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Eagle Pass Rocksprings Carrizo Springs Uvalde

Miami Sector the following periods: Monday and Friday.

Miami Sector Area of Responsibility

The Miami Sector (MIP) consists of approximately 187,000 square miles and is responsible for 1,203 miles of coastal border along the Atlantic and Gulf shores of Florida. While the Miami BorderPatrol Sector's area of responsibility (AOR) includes Georgia, South Carolina, and North Carolina, the sector's primary area of operation takes place in the state of Florida, excluding the Florida Panhandle west of the Apalachicola River. There are six Border Patrol stations in Miami Sector.

The stations that make up the Miami Sector are:

Dania Beach Jacksonville Marathon Orlando Tampa West Palm Beach

C.13 COORDINATION OF SERVICES UNDER THE CONTRACT

a) USBP will provide a point of contact at one or more of the specified pickup locations.

The Contractor’s vehicle(s) to be used for each pickup shall be identified by license’s plate number and exterior description. Contractor shall provide this information via telephone/or email to the point of contact at the location (Border Patrol station or Sector office) prior to bulk marijuana and other incidental controlled substances pick-up prior to transportation.

The Contractor shall also appoint a LTSO of its personnel who is responsible for the coordination of planning, loading, accountability, chain of custody, security, transportation, vehicle unloading, and documentation. Contractor shall identify its LTSO to the point of contact at the location for the bulk marijuana and other incidental controlled substances pick- up prior to transportation.

b) At the loading site, the Contractor’s LTSOs shall be strictly held to an established transfer

SOW - 70B03C22R00000014 Attachment One Page 20 of 22 process to maintain evidentiary chain of custody. The Contractor’s LTSO shall collect all reports, including custody receipts, at the loading site. The Contractor’s LTSOs shall not accept any bulk marijuana and other incidental controlled substances or assume responsibility if there is any discrepancy in the documentation or item count. Border Patrol Report of Apprehension and Seizure (Form I-44) and/or chain of custody forms are to correspond with the bulk marijuana and other incidental controlled substances pick-up. The LTSOs shall sign the Border Patrol evidence logbook documenting the pickup of the bulk marijuana and other incidental controlled substances. The Contractor’s LTSOs shall sign a DEA-12 (Receipt for Cash or Other Items), which will be provided by the government’s point of contact, when receiving bulk marijuana and other incidental controlled substances from a DEA facility.

When the bulk marijuana and other incidental controlled substances is the result of an “investigation” and is part of a criminal case and to be used as evidence and is not an “abandoned load,” the Contractor shall ensure that the investigative bulk marijuana and other incidental controlled substances exhibit(s) are segregated. The documentation received with the load will indicate the purpose and/or category. The Contractor’s LTSOs may be required to testify as a fact witness, as to the chain of custody of an exhibit(s) of bulk marijuana and other incidental controlled substances for the prosecution. When a bulk marijuana and other incidental controlled substances event is part of an investigation and prosecution, a Border Patrol Agent or other USBP authorized personnel will be present and in actual control of the bulk marijuana and other incidental controlled substances for chain of custody purposes. USBP personnel may accompany the Contractor in these situations and will maintain custody of all bulk marijuana and other incidental controlled substances of evidentiary value.

c) When the Contractor’s personnel transports bulk marijuana and other incidental controlled substances to a USBP office and are required to travel to a second pick-up site, the LTSOs shall use the process stated above. Upon returning to the USBP office (office determined by location of seizure or pick up), the LTSO shall record with USBP the identity of Contract personnel present at the unloading USBP office. All documentation obtained from the loading sites shall be provided to USBP. The Contractor’s personnel shall be released only when the bulk marijuana and other incidental controlled substances are secured at the USBP office and all documentation is obtained and verified.

e) The contractor will travel directly, without stopping, between pickup points and the final drop off location. In the event of vehicle emergencies or personal needs, a minimum of 2 contract employees shall remain with the vehicle to safeguard the load.

C.14 LAUTENBERG AMENDMENT STATEMENT

Because the Contractor’s personnel shall be authorized to carry weapons in the performance of this Contract, they shall submit a signed and dated “Domestic Violence” certification that sa t i s f ie s the legal requirements of the Lautenberg Amendment, 18 USC 922 (G)(8) and (9).

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The certification is valid for one (1) year and shall be recertified and resubmitted annually.

The Contractor shall maintain a file of its personnel’s certifications and provide the COR with a s igned statement certifying compliance, upon completion of USBP background investigation, with this requirement. If at any time one of the Contractor’s personnel has a disqualifying event under the Lautenberg Amendment, the Contractor shall notify the COR and immediately remove the individual from performing on this Contract. The Contractor shall then submit a new certification to the COR stating that all of its personnel comply with the Lautenberg Amendment.

C.15 SECURITY

a) Controls

The Contractor shall comply with the DHS administrative, physical and technical security controls to ensure that the Government’s security requirements are met.

b) Identification Badges

All Contractor employees shall wear Contractor and CBP provided, tamper proof photo identification badges when working in Government facilities.

c) Security Background Data

Contractor must perform a comprehensive pre-employment screening of all employees to include at a minimum, the following: psychological testing, employment verification, identity verification, immigration status check, criminal records checks, credit check, driver’s license check, pre-employment and random drug screening on all personnel performing under this contract.

Per DHS Instruction Handbook 121-01-007 and Executive Order 13488, Contractor employees requiring access to CBP facilities, sensitive information, or information technology resources are also required to have a favorably adjudicated CBP background investigation prior to commencing work on the contract unless the requirement is waived by the CBP Office of Internal Affairs, Personnel Security Division, (PSD). PSD has responsibility for the initiation, scheduling, and final suitability determination of all contract staff.

A completed background investigation includes information on various aspects of the contractor employee’s life, e.g., employment, education, residences, law enforcement checks, credit history, national agency check, and a personal interview. The Contracting Officer’s Representative shall ensure that all contractor applicants requiring a background investigation

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This may also include fingerprint submission. The process shall commence with the submission of a Background Investigation Requirements Document, (BIRD), and a Fair Credit Reporting Act Disclosure, (FCRA) submitted by the Contracting Officer’s Representative to PSD. PSD will then advise whether a prior investigation exists, that meets or exceeds CBP requirements. If one does not, PSD will make notification back to the Contracting Officer that a full background investigation must be conducted and all required forms submitted. If granted by PSD, a Provisional Clear can allow the Contractor to Enter on Duty (EOD) based on the successful completion of pre-employment investigation checks and a favorable review of the submitted forms while the full background investigation is adjudicated. When a contractor employee is found unsuitable by PSD, it is understood that the individual cannot perform work on the CBP contract. See attachment F (e-QIP Process Implementation Plan Requirements) for further details.

d) Notification of Personnel Changes

The Contractor shall notify the COR, USBP Designated Representative and CO via phone, FAX, or electronic transmission, no later than one work day after any personnel changes occur. Written confirmation is required for phone notification. This includes, but is not limited to, name changes, resignations, terminations, and reassignments (i.e., to another contract.)

e) Separation Procedures

In accordance with Customs Directive No. 51715-006, “Separation Procedures for Contractor Employees,” the Contractor is responsible for ensuring that all separating employees complete relevant portions of the Contractor Employee Separation Clearance, Customs Form 242.