A0003_70CDCR23R00000006_RFP 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 unarmed escort staff, including management, supervision, manpower, training, certifications, licenses, drug testing, equipment, and supplies necessary to provide on-demand escort services for unaccompanied children (UC), ranging from infants to 17 years of age, and family units (FAMUs), seven (7) days a week, 365 days a year.

B.2 CONTRACT TYPE

The government intends to issue a single award IDIQ contract from this solicitation in accordance with FAR 16.504. The contract type shall be established at the task order (TO) level.

The resultant TOs shall be Firm Fixed Price, Labor Hour, or a hybrid of both contract types pursuant to FAR 16.505.

B.3 PRICING

The IDIQ will establish a ceiling rate for all positions which cannot be exceeded at the TO level. TOs may include discounts from rates established in Attachment 06 – Pricing Template.

All TOs awarded under this contract shall be billed in accordance with the prices/rates established within the IDIQ.

For any position that falls within the scope of FAR 52.222-41 – Service Contract Labor Standards (formerly Service Contract Act), the TO 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 allowed 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 of the government will acquire under this contract is as follows:

a) Minimum: $25,000.00 during the period of performance of the IDIQ Contract

b) Maximum: $1,805,318,915.35 during the period of performance of the IDIQ Contract

B.5 FUNDING

Funds for the services provided will be obligated at the TO 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 CO (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]

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachment 01

[END OF SECTION C]

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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). 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 deliverables table in Section F.5. 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 03 - QASP)

E.8 ADDITIONAL (NON-ICE) QASP

Additional QASP metrics may be added for orders made in accordance with B.6 and shall be provided within the associated TO. The contracting officer will make a determination as to whether the additional metrics constitute a substantive change and if so, the contractor may be allowed to provide input.

[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

52.246-6 F.O.B. Destination May 2001

F.2 PERIOD OF PERFORMANCE

The period of performance of this IDIQ is comprised of 1 five-year base ordering period inclusive of a 90-day transition period.

(a total of five years)

F.3 TASK ORDER PERIOD OF PERFORMANCE

TOs may be issued at any time during the contract performance. The period of performance of any resultant TO issued under the contract is anticipated to be for 12 months, however they may be shorter.

F.4 PLACE OF PERFORMANCE

The following table lists the required hubs/site office locations. However, transportation may take place anywhere within United States.

Hubs/Site Office Locations

McAllen, Texas

San Antonio, Texas

El Paso, Texas

Phoenix, Arizona

F.5 DELIVERABLES

a. For purposes of delivery, all deliverables shall be made by in accordance with the below deliverable table. All times listed are understood to be Eastern Standard Time.

b. The contractor shall regularly report status of all deliverables both verbally and in writing. The contractor shall be required to provide updates 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 and their corresponding due dates. The format and content of all deliverables are subject to government approval.

PWS 9.24

(if applicable)

* The word “immediately” or “immediate,” as used in this solicitation is defined as “as soon as reasonably possible”. The contractor should use prudent and reasonable judgement to determine the timeframe necessary to notify the government as defined above based on the situation, but it should not exceed a reasonable timeframe to notify the government. For example, a reasonable timeframe for a physical force incident is as soon as the incident that required a physical force response has been contained. A reasonable timeframe to notify the government of an attempted escape is after the detainee is safely within the confines of the building. A reasonable timeframe to report an actual escape in which the contractor does not know the location of the detainee is as soon as the contractor realizes there has been an escape. In the case of a conflict between the Program Office and the contractor on a reasonable timeframe, the contracting officer will determine the appropriate reasonable timeframe.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION

G.1 CONTRACT AMDINISTRATION

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 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

Contract Officer:

TBD

Office of Acquisition Management Detention Compliance and Removals 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

Contracting Officer Representative:

TBD

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 appoint a contracting officer representative (COR) with the primary duty to monitor contractor performance to ensure that all technical 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

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.

G.4 INVOICE/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 Unique Entity Identification Number (UEID); 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 UEID number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;

ii. UEID;

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/DRO-FHQ-DMD Invoice

2. Mail:

DHS, ICE

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

c. 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 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 Agency for International Development 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 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.9 - Prior Approval Required to Hire Subcontractors

The following list constitutes the approved subcontractors under this contract:

1. TBD

H.3 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, or DCR 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.4 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.

H.5 DEDUCTIONS

In accordance with Attachment 03 – QASP, the government may apply financial deductions to monthly invoices as defined in the QASP. Deductions shall come into effect immediately following the transition phase. Deductions may be implemented and calculated for each category as defined in the QASP.

If the surveillance factors are below the thresholds defined in the QASP, the COR will calculate the deductions in accordance with the QASP. The deduction calculations may 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.6 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, 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.7 Information Technology Security AWARENESS TRAINING (JULY 2023)

(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) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required.

(End of clause)

H.8 PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL

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

Limiting Access to Privacy Act and Other Sensitive Information In accordance with FAR 52.224-1 Privacy Act Notification (APR 1984), and FAR 52.224-2 Privacy Act (APR 1984), if this contract requires contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DHS system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.dhs.gov/system-records-notices-sorns. Applicable SORNS of other agencies may be accessed through the agencies’ websites or by searching GovInfo, available at https://www.govinfo.gov that replaced the FDsys website in December 2018. SORNs may be updated at any time.

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

Prior Approval Required to Hire Subcontractors The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The contractor (and any subcontractor) is required to abide by government and Agency guidance for protecting sensitive and proprietary information.

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

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

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

Contractor’s Commercial License Agreement and Government Electronic Information Rights Except as stated in the performance work statement and, where applicable, the contractor’s Commercial License Agreement, the government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Privacy Lead Requirements If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy documentation, the contractor shall assign or procure a Privacy Lead, to be listed under the PWS’s required contractor Personnel section. The Privacy Lead shall be responsible for providing adequate support to DHS to ensure DHS can complete any required PTA, PIA, SORN, or other supporting documentation to support privacy compliance. The Privacy Lead shall work with personnel from the program office, the ICE Privacy Unit, the Office of the Chief Information Officer, and the Records and Data Management Unit to ensure that the privacy documentation is kept on schedule, that the answers to questions in the PIA are thorough and complete, and that questions asked by the ICE Privacy Unit and other offices are answered in a timely fashion.

The Privacy Lead:

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

· Must have excellent verbal communication and organizational skills.

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

· Must be knowledgeable about the Privacy Act of 1974 and the E- Government Act of 2002.

· Must be able to work well with others.

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

H.9 SECURITY REVIEW TERMS AND CONDITIONS

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

H.10 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (JUN 2006)

The contractor shall be responsible for IT security for all systems connected to a DHS network or operated by the contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency’s mission.

The contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract.

Within 60 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the contracting officer (CO), shall be incorporated into the contract as a compliance document.

The contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the government Information Security Reform Act of 2000; and the FISMA of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130.

The security plan shall specifically include instructions regarding handling and protecting sensitive information at the contractor’s site (including any information stored, processed, or transmitted using the contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

Examples of tasks that require security provisions include:

a) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor’s copy be corrupted; and

b) Access to DHS networks or computers at a level beyond that granted the public (e.g., such as bypassing a firewall).

At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced.

H.11 CONTRACTOR IT RESOURCE ACCESS (SEP 2012)

1) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the COR will arrange, and complete any nondisclosure agreement furnished by DHS.

2) The contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not expressly authorized by the performance work statement, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

3) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the contractor performs business for DHS Component. It is not a right, a guarantee of access, a condition of the contract, or government Furnished Equipment (GFE).

4) Contractor access will be terminated for unauthorized use. The contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

5) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

a) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

b) The waiver must be in the best interest of the government.

6) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

H.12 SENSITIVE INFORMATION LIMITED TO U.S. CITIZENS AND LAWFUL PERMANENT RESIDENTS (JUN 2006)

1) Each individual employed under the contract shall be a citizen of the United States of America, or a noncitizen who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

2) Contractors shall identify in their proposals, the names, and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer

H.13 PRIVACY EXPECTATIONS

government contractor employees do not have a right, nor should they have an expectation, of privacy while using government provided devices at any time, including accessing the Internet and using e-mail and voice communications. To the extent that employees wish that their private activities remain private, they should avoid using the government provided device for limited personal use.