A0002_Section B-M_Redline.docx

SECTION B – SERVICES and PRICES/COSTS

B.1 PURPOSE

The primary purpose of this Indefinite Delivery Indefinite Quantity (IDIQ) contract is to provide on-site medical staffing services to provide a continuum of health care services to ICE residents/detainees 24 hours a day, seven (7) days per week, and 365 calendar days per year (24/7/365) (including all holidays) at clinic sites established in associated task orders. This IDIQ is available for use by other DHS components in accordance with Section B.6.

B.2 CONTRACT TYPE

The Government intends to award multiple, commercial services, IDIQ contracts from this solicitation in accordance with FAR 16.504. The contract type shall be established at the task order (TO) level.

The resultant task orders shall be for Firm Fixed Price (FFP), Labor Hour (LH), or a hybrid of both contract types pursuant to FAR Part 16.505.

All authorized travel shall be paid in accordance with the Federal Travel Regulation (FTR) without any application of overhead under separate reimbursable Contract Line Item Numbers (CLINS).

B.3 PRICING

The IDIQ will establish a ceiling rate for all positions which cannot be exceeded at the TO level. TO’s may include discounts from rates established in Attachment 03 – Pricing Schedule.

All TOs awarded under this contract shall be billed in accordance with the fully burdened rates established within their TO.

For any position which falls within the scope of FAR 52.222-41 - Service Contract Labor Standards (formerly Service Contract Act), the task order pricing for each position shall include, and separate out; direct pay, all fringe benefits, all health and welfare benefits, and all allowable taxes per FAR 52.222-43. Any elements not included will not be allowable unless otherwise determined by the Contracting Officer (CO).

B.4 CONTRACT ESTIMATED QUANTITIES, MINIMUM AND MAXIMUM

In accordance with FAR 16.504(a)(4)(ii), the minimum and maximum quantity the Government will acquire under this contract is as follows:

(a) Minimum: $25,000 during the period of performance of the IDIQ contract.

(b) Maximum: $2,621,976,226 during the period of performance of the IDIQ contract

B.5 FUNDING

Funds for the services provided will be obligated at the task order level as the requirement arises.

B.6 USE BY OTHER DEPARTMENT OF HOMELAND SECURITY (DHS) COMPONENTS

Ordering under this contract(s) is authorized to meet the needs of all DHS, and its components.

· Fair opportunity procedures as defined by FAR 16.505(b)(1) will be followed for all TO’s.

· COs within DHS are authorized to place TO within the terms of the IDIQ after they have been given permission by the ICE CO.

· Task Order COs may use any contract numbering system, consistent with the individual agency procedures, when assigning order numbers.

· There is no coordination imposed by the ICE CO, other than receiving permission by the ICE (bullet 2). TO COs are empowered to place orders in accordance with the terms and conditions of the contract(s) guidelines, the FAR, and their own component procedures.

· The ICE CO will not make judgments or determinations regarding non-ICE TOs.

· All issues must be resolved consistently with individual agency procedures and/or oversight.

[END OF SECTION B]

THE REMAINDER OF THIS PAGE IS

INTENTIONALLY LEFT BLANK.

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachment 01

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

There are no clauses incorporated with this section for this contract.

[END OF SECTION D]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address: https://www.acquisition.gov/browse/index/far

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of contractor performance will be made by the Contracting Officer Representative (COR) and associated Government Technical Monitor (GTM). This delegation of authority does not authorize any actions that may result in changes in the provisions, specifications, or pricing of this contract.

E.3 ACCEPTANCE OF SERVICES

Acceptance of services and/or deliverables occurs when services and deliverables have been reviewed and approved, in writing, by the CO or his/her authorized representative(s). Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract or any issued delivery order.

E.4 ACCEPTANCE CRITERIA

The items specified for delivery are subject to the review and approval of the COR before final acceptance. The COR will review all deliverables submitted to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements specified. The contractor shall ensure the accuracy and completeness of all deliverables.

While occasional typos and calculation errors may be permitted, persistent recurrent errors, misleading or unclear statements, incomplete or irrelevant information, excessive rhetoric, repetition and ‘padding’ may be considered deficiencies and cause for rejection, and may lead to documentation in the Contractor Performance Assessment Reporting System (CPARS). Unless otherwise indicated, the Government will review and comment on all deliverables within ten (10) calendar days. If the Government does not respond within the ten (10) calendar days period, the contractor shall assume acceptance by the Government.

E.5 REJECTION OF SERVICES AND PROCEDURES

The Government reserves the right to reject services and to require replacement or correction within five (5) calendar days of notification of such problems. The contractor, after notice of defect or non-conforming deliverables or services, shall be responsible any administrative costs that may be incurred. The contractor shall correct the deficiency and re-submit to the Government for consideration under the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the Government will require re-performance and may consider the contractor as having deficient performance with respect to the subject task/subtask.

E.6 OTHER REVIEW TIMES

All other review times and schedules for deliverables shall be agreed upon by the parties based on the final approved project plan. The contractor shall be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

E.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the QASP (Attachment 2 - QASP)

E.8 ADDITIONAL (NON-ICE) QASP

Additional QASP metrics may be added for orders made in accordance with B.6 and shall provide within the associated TO.

[END OF SECTION E]

SECTION F – DELIVERABLES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address: https://www.acquisition.gov/browse/index/far

Clause Number Clause Title Date

52.242-15 Stop Work Order Aug 1989

F.2 PERIOD OF PERFORMANCE

The period of performance of this IDIQ comprises 1 five-year base period, and 2 two-year option periods.

(a total of five years)

In Accordance with FAR 52.217-9

(a total of two years)

(a total of two years)

F.3 TASK ORDER PERIOD OF PERFORMANCE

TOs may be issued at any time during the base and/or option periods. The period of performance of any resultant task order (including all options) issued under the contract shall not exceed a total sixty months (excluding any additional services in accordance with FAR 52.217-8).

Any task order issued under this contract shall not exceed a period of performance greater than 1 year after the contract’s expiration date (excluding any additional services in accordance with FAR 52.217-8).

F.4 PLACE OF PERFORMANCE

The following table is a complete list of locations of all primary facilities in which services shall be performed. TO specific locations will be provided at the task order level.

IHSC Locations

F.5 ADDITIONAL (NON-ICE) PLACES OF PERFORMANCE

Place(s) of performance for orders made in accordance with B.6, shall be provided within the associated TO. When required, a Department of Labor (DoL) Wage Determination (WD) applicable to areas outside the facilities established in F.4 of this IDIQ will be incorporated at the TO level.

F.6 DELIVERABLES

a. For purposes of delivery, all deliverables shall be made by close of business (COB) 5:00 P.M. Eastern Standard Time, at destination, Monday through Friday, unless stated otherwise.

b. The contractor shall regularly report status of all deliverables both verbally and in writing. The contractor shall be required to update the Government in weekly meetings as determined by the Government to ensure all deliverables are being met.

c. All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

d. Each deliverable shall be from the contractor on company letterhead. Multiple deliverables via email may be submitted but must include a description of the contents of the complete package.

e. In the event the contractor anticipates difficulty in complying with any delivery schedule, the contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the contractor expects to make delivery; provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

f. The table below lists deliverables due as specified in the Deliverable Table. The format and content of all deliverables are subject to Government approval.

(if applicable)

15 days after award and revised when changes made

CO, COR

52.237-7

5.2.4.2

Final - 30 days post award (min. updated annually) COR, GTM, Chief Nursing

5.3.2

Final – 30 days post award (min, updated annually) CO, COR, GTMs, All Regionals

13.0

14.0

14.1

16.1

16.2

16.2.1

17.0

18.2

18.3

18.4

18.6

18.7

*Unless otherwise stated days means calendar days. If a due date falls on a non-business day (weekend), the deliverable will be due the subsequent business day.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Notwithstanding the contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the ICE and the contractor.

The individuals outlined in Section G will be the Government points of contact during the performance of this contract for their respective roles as identified herein:

Contract Specialist:

TBD

Office of Acquisition Management Detention Compliance and Removals 801 I Street, NW Washington, D.C. 20536 Phone: TBD Email: TBD

Administrative Contracting Officer

TBD

Office of Acquisition Management Detention Compliance and Removals 801 I Street, NW Washington, D.C. 20536 Phone: TBD Email: TBD

Contracting Officer Representative

TBD

ICE Health Service Corps (IHSC) Enforcement Removal Operations (ERO) 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

The CO has the sole authority to award, modify or terminate contracts and obligate Government funds. The CO is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interest of the United States in its contractual relationships.

G.2 APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

The CO shall designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate. The CO shall designate and authorize a COR as early as practicable after the nomination.

A COR—

a. Shall be a Government employee, unless otherwise authorized in agency regulations;

b. Shall be certified and maintain certification in accordance with the current Office of Management and Budget memorandum on the Federal Acquisition Certification for Contracting Officer Representatives (FAC-COR) guidance, or for DoD, in accordance with the current applicable DoD policy guidance;

c. Shall be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with agency procedures;

d. May not be delegated responsibility to perform functions that have been delegated under 42.202 to a contract administration office, but may be assigned some duties at 42.302 by the contracting officer;

e. Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

f. Shall be nominated either by the requiring activity or in accordance with agency procedures; and

g. Shall be designated in writing, with copies furnished to the contractor and the contract administration office—

1. Specifying the extent of the COR’s authority to act on behalf of the contracting officer;

2. Identifying the limitations on the COR’s authority;

3. Specifying the period covered by the designation;

4. Stating the authority is not redelegable; and

5. Stating that the COR may be personally liable for unauthorized acts.

G.3 GOVERNMENT PERSONNEL: ROLES AND RESPONSIBILITIES

a. Contracting Officer: The Contracting Officer (CO) has the overall and primary responsibility for the administration of this contract. Only the CO has the authority to enter into, administer, modify, or terminate this contract on behalf of the Government. This authority includes modifying and deviating from the contract terms, conditions, requirements, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and, terminating the contract for convenience or default. The CO has authority to delegate certain responsibilities to an authorized Contracting Officer’s Representative who will ensure appropriate clinical expertise is provided to address clinical issues. At the CO’s discretion a performance requirement or performance deficiency or any other performance variation by the contractor may be waived. The contractor may submit a waiver request to the CO in writing on case by case basis.

b. Contracting Officer’s Representative: The CO shall apoint a Contracting Officer Representative (COR) with the primary duty to monitor contractor performance to ensure that all tehcnical requirements under the contract are met within the period of performance. The authorization is not delegable. The COR has the responsibility to inspect all services and is authorized to approve/reject invoices for payment.

1. The COR’s responsibilities and duties include:

a. Conduct surveillance in accordance with the QASP. Document surveillance activities and provide a copy of documentation to the CO. Review technical proficiency and compliance against the technical provisions of the contract, and verify the performance of work by the contractor;

b. Perform surveillance of the performance under the contract and conduct inspections necessary to assure performance and compliance with the terms and conditions of the contract;

c. Assure prompt review of draft reports and approval of final reports to contractor to assist with meeting the specified completion date of the contract, and assuring prompt inspection and acceptance, or rejection of deliverable;

d. Notify the contractor of deficiencies observed during surveillance. Record and report to the CO all incidents of faulty or nonconforming work, delays, or problems which may disrupt or hinder future performance;

e. Immediately bring to the contractor’s attention any potentially hazardous conditions. The contractor is always required to comply with federal Occupational Safety and Health Administration (OSHA) guidelines, applicable labor and environmental laws, as well as any state or local requirements for workplace safety, whether in federal facility or other location; and

f. Collaborate with the Regional Health Service Administator (HSA) who has responsibility for clinical oversight and provide feedback to the contractor concerning any identified issues.

2. The COR shall notify the CO in writing of the following:

a. Any requests for changes from a contractor;

b. Potential labor disputes or workforce problems;

c. Lack of performance which may jeopardize the cost or required schedule;

d. Possible changes in contractor management and/or key personnel;

e. Disagreements with the contractor regarding performance of PWS requirements or other potential disputes with the contractor about technical or other business matters;

f. Any possible contractor deficiencies or questionable practices so that corrections can be made before the problems become significant;

g. Procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the CO and agency office, such as the OIG; and

h. All problems, potential disagreements or controversy, both oral and in writing regarding the status of the contract and performance of its requirements.

c. Government Technical Monitor (GTM): The CO will appoint Government Technical Monitors (GTM) to assist the COR in monitoring a contractor's performance. A GTM shall be a Government employee. The primary GTM at each site is the Health Service Administrator (HSA) for all contract staff other than nursing RN/LVN. Outside of scheduling, the GTM for contract nursing staff is the Nurse Manager (NM).

If HSA is on leave the NM will assume GTM duties, and vice versa.

1. The GTM’s responsibilities and duties include:

a. Providing Government operational management and oversight at the facility

b. The GTMs will provide direction, guidance or collaborate in the following areas:

· Coordination on almost all performance elements with the CSM assigned for the site;

· Workspace Allocation – ensure the CSM is provided adequate space to execute CSM duties and responsibilities;

· Meeting attendance and participation – ensure clear roles and lines of authority are understood and maintained;

· Staff Scheduling – as established by the Shifts Requirements Document and associate timeline;

· Time and Attendance – verify hours worked by contract staff;

· Daily Staff Assignments – for RNs and LVNs via the Nurse Manager;

· Tier Reporting – as required and in collaboration with other stakeholders as required

· Staff Clinical Supervision / Oversight – as it pertains to adherence to IHSC Policy and Procedure and establishes clinical guidelines

· Contract Services Manager Orientation – ensure the CSM receives training and orientation in collaboration with the contract agency;

· Emergency Preparedness and Response - ensures CSM is engaged and aware of IHSC policy and has an active plan for emergency response.

2. The GTM shall immediately notify the COR and CO of the following:

a. Any requests for changes from a contractor that may incur cost;

b. Potential labor disputes or workforce problems;

c. Lack of performance which may jeopardize the cost or required schedule;

d. Possible changes in contractor management and/or key personnel;

e. Disagreements with the contractor regarding performance of PWS requirements or other potential disputes with the contractor about technical or other business matters;

f. Any possible contractor deficiencies or questionable practices so that corrections can be made before the problems become significant;

g. Procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the CO and agency office, such as the OIG; and

h. All problems, potential disagreements or controversy, both oral and in writing regarding the status of the contract and performance of its requirements.

G.4 INVOICES/PAYMENTS

a. The contractor shall be active in the System for Award Management (www.SAM.gov) for invoice processing. Besides the information identified below, a proper invoice shall also include; contractor’s Dunn and Bradstreet (D&B) DUNS number; the ICE Program Office; and state whether the invoice is “INTERIM” or “FINAL”.

b. In accordance with Contract Clauses, FAR 52.212-4 (g) (1), Contract Terms and Conditions - Commercial Items, or FAR 52.232-25 (a) (3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

"...An invoice must include-

i. Name and address of the contractor. The name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;

ii. Dunn and Bradstreet (D&B) DUNS number;

iii. Invoice date and number;

iv. Contract number, line items and, if applicable, the order number;

v. Description, quantity, unit of measure, unit price and extended price of the items delivered;

vi. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

vii. Terms of any discount for prompt payment offered;

viii. Remit to Address;

ix. Name, title, and phone number of person to notify in event of defective invoice;

x. ICE Program Office designated on the order/contract/agreement; and

xi. Whether the invoice is “Interim” or “Final”

c. Invoice submission: shall be submitted via one of the following two methods. Improper invoices or those submitted by means other than these two methods will be returned. Email is the preferred method.

1. Primary method of submission is email. The contractor shall submit one (1) invoice in PDF format per e-mail and the subject line of the e-mail will reference the invoice number of the attached invoice to:

Invoice.Consolidation@ice.dhs.gov

Attn: ICE-ERO-FHQ-DMD Invoice

2. Mail:

DHS, ICE

Financial Service Center Burlington Attn: ICE-ERO-FHQ-DMD Invoice P.O. Box 1620 Williston, VT 05495-1620

d. Payment Inquiries: Questions regarding invoice submission or payment, please contact Financial Service Center Burlington at 1-877-491-6521, Option # 3 or by e-mail at OCFO.CustomerService@ice.dhs.gov

Invoices without the above information may be returned for resubmission.

G.5 ADDITIONAL (NON-ICE) INVOICES/PAYMENTS

Invoicing instructions for orders made in accordance with B.6, shall provide within the associated TO.

G.6 TECHNICAL DIRECTION

1. Technical Direction is defined to include:

a. Written directions to the contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

b. Provision of written information to the contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement; and

c. Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

2. The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

a. Assure that the contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications;

b. Perform or cause to be performed, inspections necessary in connection with (a) above and require the contractor to correct all deficiencies; perform acceptance for the Government;

c. Maintain all liaison and direct communications with the contractor. Written communications with the contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the Contracting Officer;

d. Issue written interpretations of technical requirements of Government drawings, designs, and specifications;

e. Monitor the contractor's production or performance progress and notify the contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems; and

f. Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

3. LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may have an impact on the contract schedule, funds, scope or rate of utilization of estimated levels of effort. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

4. In the separately issued COR designation letter, the CO designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

5. Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Homeland Security Acquisition Regulation). The contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

6. Failure by the contractor to report to the Administrative Contracting Office, any action by the Government considered to be a change, within 30 days, waives the contractor's right to any claims for equitable adjustments.

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT-CONTRACTOR RELATIONSHIP

a. The services to be delivered under this contract are determined to be non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor and/or its employees.

b. Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer.

H.2 SUBCONTRACTING PLAN & USE OF SUBCONTRACTORS AND INDEPENDENT CONTRACTORS

The contractor is permitted to use independent contractors for services rendered under this contract. If the contractor deems it necessary to obtain the services of a subcontractor to fulfill its obligations under this contract, contractor will notify the CO in writing of its intent to use subcontractor for particular positions. No approval is necessary for use of a subcontractor that is a subsidiary of contractor or a subcontractor identified in the contractor’s original proposal. Responsibility remains with the contractor for all subcontractor and independent contractors. Any subcontractor utilized by the contractor shall be responsible for the same requirements as the prime contractor. The IDIQ/TO contractor will remain the sole point of contact for the Government in all matters related to the delivery of services under this contract.

The remainder of this section applies to any contractor required to have a subcontracting plan per FAR 52.219-9(a)

The contractor's subcontracting plan dated ___ TBD____ is determined to be acceptable and is hereby incorporated by reference as a material part of this contract. In accordance with FAR 19.704(a)(10)(iii) and (iv), submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov, following the instructions in the eSRS.

Note: Also see H.12 - Prior Approval Required to Hire Subcontractors

The following list constitutes the approved subcontractors under this contract:

1. TBD

H.3 LIMITATION OF MEDICAL STAFFING LEVELS

Due to program risk, no single vendor shall be in a position where they provide more than 66% of the nation-wide staffing program requirements. The contractor shall report annually the total number of employees on its contract and designate all employees which are subcontractors and what subcontracted company they work for (Deliverable 23).

For example: If vendor A is the prime contractor for two active TOs which covers 50% of the program staff requirements, they cannot be awarded as the prime contractor or as the designated “back-up” (see Section H.6) for another task order that covers 17% of the mission needs.

No contractor with an active task order shall subcontract more than 10% of the labor required for any other active task order under all Medical Staffing IDIQ contracts.

This does not apply to task orders issued outside IHSC.

H.4 CONTRACTOR EMPLOYEE IDENTIFICATION

The contractor, contractor employees, or subcontractors, shall not represent or permit itself or its employees to be represented as agents or employees of the United States Government, and shall not use the names or acronyms of DHS, ICE, DCR, or IHSC on advertising material. The contractor shall not represent, expressly or by implication, that the services provided under this contract are endorsed by any element of the Government.

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.5 EMERGENCY, NATURAL DISASTERS, AND OTHER OCCURRENCES

In the event of an emergency, natural disaster, or other occurrence that prevents contractor personnel from reporting to their assigned workplace, the Government may require the contractor to report to a different facility. Direction shall be coordinated by the COR and GTM.

H.6 DEDUCTIONS

In accordance with Attachment 02 – QASP, the Government may apply financial deductions to monthly invoices when the Overall Staffing Level (as defined in Attachment 02 – QASP) of the associated task order is less than 92%. Deductions shall come into effect immediately following the transition phase. Deductions shall be implemented and calculated for each category, for each site as defined in the QASP.

The purpose of deductions is to ensure proper incentives are in place to encourage the contractor to invest in the continued recruitment and maintenance of full staffing throughout the task order period of performance.

Process:

After the submission of the contractor’s invoice, the COR shall use the Attachment 11 – Site Status Report (SSR) which includes the last day of the month within the SSR’s week period. The COR will confirm whether the Overall Staffing Level acceptable quality level (AQL) has been met (this number shall not be rounded for this calculation). If the number exceeds the AQL then no deductions shall be calculated and/or levied. If the Overall Staffing Level is below the AQL, the COR calculate the deductions in accordance with the QASP. The deduction calculations will not be rounded. The Government will notify the program manager of the total amount being deducted and provide a copy of the of the deductions calculation via email.

H.7 DESIGNATED “BACK-UP” AWARDEE

At the time of award for each TO, the Government shall designate a contractor “back up” within the resultant TO.

If, during performance of the TO, the contractor’s performance negatively exceeds any single critical threshold, as established in Attachment 02 – QASP, for a period of three months, the Government may initiate complete or partial termination procedures and, without additional competition (Fair Opportunity per FAR 16.505(b) was provided at time of initial award), award the designated “back up” a new TO.

The new TO shall have a transition-in period equal to the maximum Government’s required transition-in period designated in the original TO solicitation. The new contractor may propose a shortened transition time which shall be reviewed and approved by the Government. The resultant period of performance for the new TO shall not exceed what was in the original TO.

The new TO award shall be made using the pricing from the designated backup’s original TO proposal. Price adjustments may be required to be negotiated between the Government and the designated back up based on revised wage determinations, scope changes, etc.

H.8 RE-PROPOSAL OF IDIQ CEILING PRICING

To account for changes/evolution in the commercial marketplace, the contractor may resubmit the IDIQ pricing after a period of 5 years (corresponding to the IDIQ option periods).

If IDIQ pricing revisions are desired, the contractor shall notify the CO and CORs, in writing, no less than 90 days prior to the start of the next option period that that they wish to revise their IDIQ ceiling pricing.

The CO shall send a pricing attachment to the contractor within 20 days of the contractor’s written request. The contractor shall follow all instructions outlined by the CO, and resubmit no later than 30 days prior to the end of the option period.

Note: Any revised rates to the IDIQ fixed labor rates under the terms of this section shall have no bearing or result in any pricing revisions to any ongoing task orders with previously established pricing.

H.9 PUBLIC DISCLOSURE OF WORK UNDER THIS CONTRACT

a. Public disclosure of information derived from or knowledge gained as a result of work under this contract whether by press release, word of mouth, written correspondence, or any other means is prohibited without the advance written consent of the Contracting Officer. Any request for authority to release such information will be made in writing and submitted by the contractor to the Contracting Officer with a copy to the COR. Each request will be documented with sufficient evidence to justify the requested release as being in the best interest of the public. Final determination with regard to the necessity of public disclosure of such information remains solely with the Contracting Officer.

b. As used in this clause, the prohibition against "public disclosure" is defined to include a prohibition against disclosure to any Governmental agency or unit other than the IHSC, as well as any individual or group of individuals outside of the Government.

c. Contractor shall insert the clause in paragraphs (a) and (b) above, in any, and all, subcontracts hereunder relating to performance of work under this contract.

H.10 SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

1) Truncated SSN (such as last 4 digits)

2) Date of birth (month, day, and year)

3) Citizenship or immigration status

4) Ethnic or religious affiliation

5) Sexual orientation

6) Criminal History

7) Medical Information

8) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the Contracting Officer, including but not limited to:

1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information

2) DHS Sensitive Systems Policy Directive 4300A

3) DHS 4300A Sensitive Systems Handbook and Attachments

4) DHS Security Authorization Process Guide

5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program

7) DHS Information Security Performance Plan (current fiscal year)

8) DHS Privacy Incident Handling Guidance

9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how Contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as specified in the contract.

3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

4) The Contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The Contractor shall not input, store, process, output, and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The Contractor shall adhere to current Government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization…