2.2.1-RFP_70CDCR24R00000007 - Sections B-M _ 0007.pdf

U.S. Immigration and Customs Enforcement 1 RFP# 70CDCR24R00000007

SECTION B

SUPPLIES OR SERVICES AND PRICES

B.1 BACKGROUND

The U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Los Angeles Field Office (LOS), San Francisco Field Office (SFR), San Diego Field Office (SND), Phoenix Field Office (PHO) and Salt Lake City Field Office (SLC) Areas of Responsibility (AORs) are seeking the below services.

ICE ERO manages and oversees the nation's civil immigration detention system. Its mission is to identify, arrest, and remove immigrants who may present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. These services involve the management, transportation, and the escort of immigrants in a secure manner. These services will also provide for the safe and secure transportation of immigrants who have entered the United States illegally or have become removable after admission. This acquisition is mission critical and will be for transportation services for these AORs.

B.2 GENERAL

The contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Performance Work Statement (PWS) through an Indefinite Delivery - Indefinite Quantity (IDIQ) contract for transportation services procured on a hybrid Firm-Fixed Price (FFP)/Time & Material (T&M) basis.

All task orders under the awarded IDIQs will be issued in accordance with FAR 16.505(b)(1), Fair opportunity.

B.3 CONTRACT PRICING

All task orders (TOs) issued under this contract will be FFP/T&M and billed in accordance with the fixed rates established in this schedule.

B.4 MATERIALS AND EQUIPMENT

Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance.

After contract award, any material and equipment cost not factored into the proposed prices, and not requested by the government at any time, will not be covered under this contract.

B.5 CONTRACT LINE-ITEM NUMBER (CLIN) FRAMEWORK TABLE

Note: The CLIN structure below are samples and may be established at the task order level based on the requirements of the order and reflective of the table below:

Table 1

Government Owned Vehicles (GOV)

Contract Line Item Number

(CLIN)

Description of Services Unit Price

Quantity Unit of Measure

Total

X001

Transition Period (TP) Transition from the incumbent contractor to the new contractor to start up activities.

Firm-Firm-Fixed Price (FFP)

1 EA

X002 Los Angeles Transportation Services Firm-Fixed Price (FFP)

Hours

X003 Los Angeles Stationary Guard Hours Firm-Fixed Price (FFP)

Hours

X0004 San Francisco Transportation Services Firm-Fixed Price (FFP)

Hours

X0005 San Francisco Stationary Guard Hours Firm-Fixed Price (FFP)

Hours

X0006 San Diego Transportation Services Firm-Fixed Price (FFP)

Hours

X0007 San Diego Stationary Guard Hours Firm-Fixed Price (FFP)

Hours

X0008 Phoenix Transportation Services Firm-Fixed Price (FFP)

Hours

X0009 Phoenix Stationary Guard Hours Firm-Fixed Price (FFP)

Hours

X0010 Salt Lake City Transportation Services Firm-Fixed Price (FFP)

Hours

X0011 Salt Lake City Stationary Guard Hours Firm-Fixed Price (FFP)

Hours

X0012 T&M/Labor Hour (LH) Hours

X0012 Fuel Cost Reimbursable in accordance with GSA mileage rates

Lot

X0013

Per Diem (Hotel, M&IE) All travel shall be approved in advance by the Contracting Officer Representative (COR) or will not be reimbursed.

(Reimbursable only in accordance with the FTR)

Lot

B.6 USAGE, BILLING AND INVOICING

Pricing for each CLIN will be determined at the task order level for each AOR in accordance with the respective pricing attachment (Attachments 3 and 4).

Each task order has an independent Contracting Officer’s Representative (COR), funding, invoicing, and reporting requirements.

Each task order’s invoices shall be submitted separately using the respective task order CLINs and in accordance with the invoicing instructions provided in Section G Use by other Department of Homeland Security Components is authorized.

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

• COs within DHS components are authorized to place TO within the terms of the IDIQ after obtaining authorization by the ICE CO to use the patent ICE IDIQ. Upon receiving authorization to use the ICE contract components are required to follow the ordering procedures from the parent

IDIQ.

• TO COs may use invoicing procedures, and 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 obtaining authorization from 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.

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

B.7 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: $1,000,000 for each AOR during the period of performance of the IDIQ contract(s).

Areas of Responsibility

1. Los Angeles

2. San Francisco

3. San Diego

4. Salt Lake City

5. Phoenix

(b) Maximum: $TBD at award of the IDIQ contract. The maximum for the IDIQ contract will be the calculated total value of the IDIQ including the base period and all options, plus 100% of the total value.

*Note: This amount will be stated in the resulting IDIQ contract award.

*The purpose of including the additional 100% of the total value, is to account for unanticipated program growth due to potential increases in mission requirements. This value will only impact the IDIQ Contract Maximum, is not accounted for operationally (in the CLINs) at time of award and is not included in the contract value.

As it is expected, the overall operational management, fleet, maintenance, etc., costs are accounted for in the baseline Guard Services/Hours (Government-owned vehicles) and Mileage (Contractor-owned vehicles) CLINs.

B.8 FUNDING

Funds for the services provided will be obligated at the task order level as the requirement arises, by unilateral modification to the task order by the government.

Please review Section L.5.6., Volume IV: Price Proposal, and corresponding, Section B.5 Contract Line Item Number (CLIN) Framework Table, for pricing proposal instructions. *

* The estimated total number of hours provided are not contractual commitments or guarantees and are not intended to represent actual expected experience of any given contractor. The estimated quantities were chosen based on historical data and this is determinative of the price evaluation. There is no intent on the part of the government to obligate funds in the amount of the CLIN totals (ceilings).

(END OF SECTION B)

SECTION C

PERFORMANCE WORK STATEMENT

(See Attachment 1 - Performance Work Statement)

(Remainder of page intentionally left blank)

SECTION D

PACKAGING AND MARKING

(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/far.

Table 2 Clause Number Clause Title Date

52.246-4 Inspection of Services – Fixed-Price Aug 1996

52.246-6 Inspection of Services – Time and Material and Labor Hour

May 2001

(End of clause)

E.2 INSPECTION REQUIREMENTS

Review of Deliverables (see Table 5 Contract Deliverable Requirements List (CDRL))

a. The Contracting Officer or Contracting Officer’s Representative will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days from receipt by the government of the initial deliverable.

b. Upon receipt of the government comments, the contractor shall have fifteen (15) business days to incorporate the government's comments and/or change requests and to resubmit the deliverable in its final form.

c. If written acceptance, comments and/or change requests are not issued by the government within thirty (30) calendar days of submission, the draft deliverable shall be deemed acceptable as written and the contractor may proceed with the submission of the final deliverable product. The contractor shall provide all deliverables to the COR in Microsoft Excel, PowerPoint or Word format.

E.3 SCOPE OF INSPECTION

All deliverables from Table 5 Contract Deliverable Requirements List (CDRL) will be inspected for content, completeness, accuracy, and conformance to contract requirements by the COR. The scope and nature of inspections will be sufficiently comprehensive, to ensure the completeness, quality and adequacy of all deliverables.

https://www.acquisition.gov/far.

The government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the TO. For periods exceeding thirty (30) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.4 BASIS OF ACCEPTANCE

The basis for acceptance shall follow the requirements set forth in the PWS, the task order, the contractor's proposal, and other terms and conditions of this contract. Deliverable items rejected under this contract shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

E.5 REVIEW OF DELIVERABLES

(a) The government will provide written acceptance, comments and/or change requests, if any, within fifteen (15) business days from receipt by the government of the initial deliverable. For periods exceeding fifteen (15) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

(b) Upon receipt of the government comments, the contractor shall have fifteen (15) business days to incorporate the government's comments and/or change requests and to resubmit the deliverable in its final form.

(c) If written acceptance, comments and/or change requests are not issued by the government within thirty (30) calendar days of submission, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.6 WRITTEN ACCEPTANCE / REJECTION BY THE GOVERNMENT

The government shall provide written notification of acceptance or rejection of all final deliverables within thirty (30) calendar days. Absent written notification, for periods exceeding thirty (30) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the QASP. (see Appendix 13 -

QASP)

(END OF SECTION E)

SECTION F

DELIVERIES OR 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/far/

Table 3

FAR CLAUSE NO. TITLE AND DATE

52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991)

(End of clause)

F.2 PERIOD OF PERFORMANCE

The period of performance of this IDIQ comprises a period of five (5) years. The Government anticipates one 12-month base period inclusive of a transition period and four12-month option periods.

The period of performance of any task order issued under the contract shall not exceed 12 months, unless otherwise authorized. The last task order for each AOR (or issuer) will be able to extend 12 months beyond the POP of the IDIQ if it is in place before the end of the IDIQ POP.

The FAR clause at 52.217-8 (Option to Extend Services) will be evaluated and included in the resulting contract and task orders, allowing the government the option to extend for an additional 6 months at the rates established in the contract. TOs may be issued at any time during the base or option periods.

A notional schedule of the IDIQ period of performance is shown in Table 4 below.

Table 4 Period of Performance Dates Base Transition Period months

Base Period 9 months In Accordance with FAR 52.217-9

Option 1 12 months Option 2 12 months Option 3 12 months Option 4 12 months

FAR 52.217-8 6 months if exercised *Any required transition period will be accounted for within the associated task order.

F.3 TASK ORDER PERIOD OF PERFORMANCE AND PRICING

https://www.acquisition.gov/far/

TOs may be issued at any time during the period of performance. The period of performance of any task order issued under the contract shall not exceed 12 months, unless otherwise authorized. TOs shall be priced using the rates provided in B.5 CONTRACT LINE ITEM NUMBER (CLIN) FRAMEWORK TABLE, that will be applicable to the task order’s anticipated period of performance.

F.4 PLACE OF PERFORMANCE

The place of performance shall be primarily, but not limited to, providing transportation services in California, Arizona, and Utah.

Task orders will specify the area where services are required. If the operational need arises to change the geographical area of performance in a task order, this change is considered within the scope of the contract and will be executed via a modification.

F.5 NOTICE OF DELAYS

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule, or as soon as the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the CO and the COR in writing. This notification shall give pertinent details and this data shall be informational only in character; this provision shall not be construed as a waiver by the government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 CONTRACTOR EVALUATING PROCEDURES:

The government will issue contractor performance ratings via the Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.1502. The CPARS website is located:

https://www.cpars.gov/.

F.7 DELIVERABLES

(a) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. Pacific Standard Time Monday through Friday, unless stated.

(b) 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.

(c) Each deliverable shall be accompanied by a cover letter from the contractor or Company letterhead.

Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(d) 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 https://www.cpars.gov/ 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.

(e) If a contractor is non-compliant in submission of deliverables, the government will document the non-compliance in any requested contractor’s past performance report and may draft a contractor Deficiency Report.

(f) Table 5 lists deliverables due as specified in the Deliverable Table. The format and content of all deliverables are subject to government approval.

Table 5 Contract Deliverable Requirements List (CDRL)

# Deliverable Description PWS/Solicitation Reference

Due Date and Frequency of Updates COR (B)

1. Transition Plan PWS – Section 1.5

With proposal; finalized one week after award and updated weekly until transition completed.

2. Transportation Operations Plan RFP Section L.5 and PWS Section 1.4

With proposal 30 days of award; Updated as Needed

3. Staffing Plan PWS – Section 2.3 With Proposal Submission;

finalized one week after award; and updated as needed

4. Quality Control Plan PWS – Section 9.10 With Proposal Submission;

Updated as Needed

5. Daily Transportation Schedule PWS – Section 3.14 As requested by the COR or ICE Designee

6. Summons Log PWS – Section 6.2 As requested by the COR or ICE Designee

7. Schedule/Dispatch/Tracking and Reporting System Upon request by the COR

Conceptual description plan due in Operational Plan;

finalized working system due after award. Updated as needed

8.

Contractor Employee

Registrations, Commissions, Permits and Licenses

PWS – Section 3.10 Prior to Entry on Duty and then as requested by COR or ICE Designee

9. Vehicle Inspection Checklist PWS – Section 9.3.4.4.1 Within 30 days of award of contract award

10. Departure Scheduling and Security Notification PWS - Section 3.16.2.1

Description of notification due with proposal (Operations

Plan); Due prior to the commencement of each trip and updated as needed

11. Record of Persons and Property Transferred (Form I-216) PWS - Section 1.4 As Requested by the COR or

ICE Designee

12. Vehicle Surveillance Recordings Upon request by the COR As Requested by the COR or ICE Designee

13. Vehicle Insurance PWS Section 9.7 Within 30 days of award of contract

14. Plans, Policy and Procedures Manual PWS Section 2.1.4

Plan and Policy: as required with Proposal Submission;

Procedures Manual: 5 days after award

15. Resumes of Key Personnel PWS – Section 2.5 With Proposal Submission and after that anytime a change is anticipated

16. Organizational Chart PWS – Section 2.6 With Proposal Submission and after that, anytime as requested.

17. Suitability and e-Qip Security Process PWS – subsection 4 With proposal Submission;

Updated as needed.

18. COR Monthly Report PWS -Section 2.3 Monthly beginning 30 Days after contract award

19. TMO Monthly Report PWS – Section 2.3 Within 5 business days post invoice

20. Transition Out Plan PWS – Section 2.11 Within 30 Calendar Days from COR Request

21. Employee Standard of Conduct PWS – Section 3.1 Within 30 days of contract award

22. Permits and Licenses PWS – Section 3.10 Within 30 days of contract award and as requested by the

COR

23. Training Documentation PWS – Section 5.8 As requested by the COR or ICE Designee

24. Prison Rape Elimination Act PWS – Section 4.2

Proof of Training must be provided to the COR prior to the Contract Employees being granted access to detainee population

25. List of Firearms by serial number PWS – Section 5.9 Within 30 days of contract award and as requested by

COR

26. Firearm Training PWS – Appendix 12 Within 30 days of contract award and within 15 days prior to entry on duty for new hires.

27. Standard Operating Procedures PWS – Section 2.1 Within 30 days of contract award and updated as needed

28. Escape Procedures and Process PWS – Section 6.11 Within 30 days of contract award and updated as needed

29. Sexual Abuse Prevention and Reporting PWS – Subsection 7

Immediate Notification of any knowledge, suspicion, or information regarding sexual abuse, assault or discovery of any employees who engaged in past sexual abuse

30. Injury, Illness and Reports PWS – Section 8.2

Monthly Injury Report and Immediate Notification for incidents for physical harm to or threaten the safety, health or welfare of any person

31. Notification of changes in employee’s health status Reports PWS – Section 3.3.11 Immediate

32. Staffing Plan PWS – Section 2.3 Within 30 days of contract award and as requested by the

COR.

33. Communication Plan PWS – Section 9.2.1.2 No more than 30 days after contract award and before contract performance begins

34.

Copy of the document stating that the employee has received and reviewed the Policy and Procedures Manual

PWS – Section 2.1 Upon request by the COR or ICE Designee

35.

Employee termination, transfer, suspension, personnel action relating to disqualifying information or incidents of delinquency

PWS – Section 2.1

Immediate verbal report and written follow-up within 24 hours. As directed by COR, the written follow-up may be required within two hours.

36.

Report of Disturbances and/or Incidents related to security, safety, health, welfare or injury.

PWS – Section 8.1

Immediate verbal report and written follow-up within 24 hours. As directed by COR, the written follow-up may be required within two hours of incident.

37. Monthly Employee Listing Upon request by the COR Monthly to the COR or ICE Designee

(END OF SECTION F)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary points of contact (POC) for the government on matters regarding contract administration as well as other administrative information. The government reserves the right to unilaterally change any of these individual assignments at any time.

G.1.1 Government Personnel

Contracting Officer’s Representative (COR)

The COR within each AOR, is responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for each individual AOR. The COR supports the CO in the general management of the acquisition.

The COR for this contract will be identified at the task order level by the CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

The COR will represent the CO in the administration of technical details within the scope of the task order. The COR is also responsible for the final inspection and acceptance of all task order deliverables and reports. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the government. The COR does not have authority to alter the contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the CO.

Contracting Officer (CO)

The ICE Office of Acquisition Management has the overall responsibility for administration of the LOS, SND, SFR, PHO, SLC ground transportation contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.

The CO for this contract is:

Name: Natasha Nguyen Email: Natasha.T.Nguyen@ice.dhs.gov

Section Chief:

Name: Sarah West Email: Sarah.A.West@ice.dhs.gov mailto:Natasha.T.Nguyen@ice.dhs.gov

G.1.2 Minimum Contractor Key Personnel

Contractor’s Project Manager (PM)

Project Manager. The Project Manager shall, have at least five years of related administrative experience, and demonstrate administrative ability and leadership. A Project Manager is required for each Area of Responsibility (AOR).

Supervisory Detention Officers

Supervisory DOs. Supervisors shall have a minimum of two years of successful experience in field supervision (civilian community law enforcement, commercial or industrial guard service or security service supervisory positions).

G.2 UNILATERAL ORDERS

TOs under this contract may be issued unilaterally.

G.3 INVOICING INSTRUCTIONS

Invoices shall be submitted as follows:

Service Providers/Contractors shall use these procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be submitted monthly in a “.pdf” format in accordance with the contract terms and conditions via email, United States Postal Service (USPS) or facsimile as follows:

a) Email:

• Invoice.Consolidation@ice.dhs.gov

• Contracting Officer Representative (COR) or government Point of Contact (GPOC)

• Contract Specialist/Contracting Officer

Each email shall contain only (1) invoice and the invoice number shall be indicated on the subject line of the email.

b) USPS:

DHS, ICE

Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495-1620 ATTN: (utilize code below based on which requirement) Codes: ICE-ERO-FOD-TBD

The Contractors Unique Entity Identifier (UEI) number must be registered and active in the System for Award mailto:Invoice.Consolidation@ice.dhs.gov

Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

c) Facsimile:

Alternative Invoices shall be submitted to: (802)-288-7658

Submissions by facsimile shall include a cover sheet, point of contact and the number of total pages.

Note: The Service Provider’s or Contractor’s UEI Number must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

2. Content of Invoices: Each invoice shall contain the following information in accordance with 52.212-4 (g), as applicable:

(i). Name and address of the Service Provider/Contractor. Note: the name, address and UEI number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and UEI number information of that entity must also be provided which will require government verification before payment can be processed;

(ii). Unique Entity Identifier (UEI) number AKA: Dunn and Bradstreet (D&B) DUNS Number;

(iii). Invoice date and invoice number;

(iv). Agreement/Contract number, contract line item number and, if applicable, the order number;

(v). Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered;

(vi). If applicable, 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 persons to resolve invoicing issues;

(x). ICE program office designated on order/contract/agreement and

(xi). Mark invoice as “Interim” (Ongoing performance and additional billing expected) and “Final” (performance complete and no additional billing)

(xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232-33 Payment by https://www.sam.gov/

Electronic Funds Transfer – System for Award Management or 52-232-34, Payment by Electronic Funds Transfer – Other than System for Award Management.

3. Invoice Supporting Documentation. To ensure payment, the vendor must submit supporting documentation which provides substantiation for the invoiced costs to the Contracting Officer Representative (COR) or Point of Contact (POC) identified in the contract. Invoice charges must align with the contract CLINs. Supporting documentation is required when guaranteed minimums are exceeded and when allowable costs are incurred.

Details are as follows:

(i). Allowable Incurred Cost. Fixed Unit Price Items (items for allowable incurred costs, such as transportation services, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and shall be submitted in .pdf format:

a. Transportation Services: For transportation CLINs without a GM, the supporting documentation must include:

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

• for reimbursable expenses (e.g., travel expenses, special meals, etc.) copies of all receipts.

b. Stationary Guard Services: The itemized monthly invoice shall state:

• The location where the guard services were provided,

• The employee guard names, and number of hours being billed,

• The employee guard names and duration of the billing (times and dates), and

• for individual or detainee group escort services only, the name of the detainee(s) that was/were escorted.

c. Other Direct Charges (e.g., VTC support, transportation meals/sack lunches, volunteer detainee wages, etc.):

1) The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. For charges for detainee support items (e.g., meals, wages, etc.), the supporting documentation should include the name of the detainee(s) supported and the date(s) and amount(s) of support.

(iii) Firm Fixed-Price CLINs. Supporting documentation is not required for charges for FFP CLINs.

4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individuals name or other unique identifier and full date of birth, citizenship, or immigration status.

As part of your obligation to safeguard information, the follow precautions are required:

(i) Email supporting documents containing Sensitive PII in an encrypted attachment with password sent separately to the Contracting Officer Representative assigned to the contract.

(ii) Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know.

(iii) Use shredders when discarding paper documents containing Sensitive PII.

(iv) Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable Information (March 2012) found at http://www.dhs.gov/xlibrary/assets/privacy/dhs-privacy-safeguardingsensitivepiihandbook-march2012.pdf for more information on and/or examples of Sensitive PII.

5. Invoice Inquiries. If you have questions regarding payment, please contact ICE Financial Operations at 1- 877-491-6521 or by e-mail at OCFO.CustomerService@ice.dhs.gov.

Invoices without the above information may be returned for resubmission.

The preferred method of submittal is email.

(END OF SECTION G)

mailto:OCFO.CustomerService@ice.dhs.gov

SECTION H

SPECIAL CONTRACTING REQUIREMENTS

H.1 LIMITATION OF OPERATION AWARDS

No awardee may operate in more than 3 of the 5 Areas of Responsibility at any given time. A vendor may not compete for additional orders after they have received three awards.

H.2 TRAINING

The government will not allow costs, nor reimburse costs associated with the contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.3 GENERAL PURPOSE OFFICE EQUIPMENT (GPOE) AND INFORMATION

TECHNOLOGY (IT)

The cost of acquisition of General-Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The Contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.4 PERFORMANCE-BASED SERVICES CONTRACTING (PBSC)

Through the direction of the Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP), performance-based contracting techniques will be applied to TOs issued under this contract to the “maximum extent practicable.” For information about PBSC, refer to OFPP’s Best Practices Handbook located at www.whitehouse.gov/omb.

PBSC TOs must include at a minimum:

(a) Performance requirements that define the work in measurable, mission-related terms;

(b) Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements; and

(c) A government Quality Assurance Surveillance Plan (QASP) or other suitable plan that describes how the Contractor’s performance will be measured against the performance standards or service level agreements (SLAs).

H.5 DISCLOSURE OF INFORMATION – OFFICIAL USE ONLY

Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed, shall be notified in writing by the Contractor that “Official Use Only” information disclosed to that individual can be used only for a purpose, and to the http://www.whitehouse.gov/omb extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.

H.6 STANDARD OF CONDUCT AT GOVERNMENT INSTALLATIONS

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity in accordance with the ICE Employee Code of Ethics; and shall be responsible for taking such disciplinary action with respect to its employees, as necessary.

H.7 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The government hereby provides notification that government personnel observe the listed days as holidays:

(1) New Year's Day

(2) Martin Luther King's Birthday

(3) President’s Day

(4) Memorial Day

(5) Juneteenth Day

(6) Independence Day

(7) Labor Day

(8) Columbus Day

(9) Veterans' Day

(10) Thanksgiving Day

(11) Christmas Day

(b) In addition to the days designated as holidays, the government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the government and the contractor that observance of such days by government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the contractor’s personnel work during the holiday, they may be reimbursed by the contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

(d) When the federal and governmental entities grant excused absence to its employees, the contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled.

H.8 SENSITIVE BUT UNCLASSIFIED SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract that will results from RFP 70CDCR24R00000007 requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

PRELIMINARY DETERMINATION

ICE will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive government information access for contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof.

The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU).

No employee of the Contractor shall be allowed unescorted access to a government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement – Contractor Pre- Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

BACKGROUND INVESTIGATIONS

Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees shall submit the following completed forms to the Personnel Security Unit through the Contracting Offices Representative (COR), no less than 35 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) Archival Copy. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

2. Signature Forms generated from e-QIP database upon completion of Questionnaire. (e-signature acceptable) (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

3. SF 87 (Rev. March 2013), “Fingerprint Card” (Two Original Cards to COR for forwarding to PSU)

4. Foreign National Relatives or Associates Statement. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

6. Optional Form 306 Declaration for Federal Employment (applies to contractors as well)

(One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to

PSU)

Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity.

An adequate and current investigation is one where the investigation is not more than five years old and the subject has not had a break in service of more than two years.

Required forms will be provided by ICE at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract.

Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information.

The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems;

or access to information contained in and / or derived from any DHS/ICE IT system.

TRANSFERS FROM OTHER DHS CONTRACTS

Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an e-QIP Worksheet will be submitted to the Intake Team to initiate a new investigation.

Transfers will be submitted on the COR Transfer Form which will be provided by the Dallas PSU Office along with other forms and instructions.

CONTINUED ELIGIBILITY

If a prospective employee is found to be ineligible for access to government facilities or information, the COR will advise the contractor that the employee shall not continue to work or to be assigned to work under the contract.

The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists.

The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

ICE reserves the right and prerogative to deny and/ or restrict the facility and information access of any contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom ICE determines to present a risk of compromising sensitive government information to which he or she would have access under this contract.

REQUIRED REPORTS

The Contractor will notify OPR-PSU, via the COR, of terminations/resignations of contract employees under the contract within five days of occurrence. The Contractor will return any ICE issued identification cards and building passes, of terminated/ resigned employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU, via the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, via the COR, a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation). The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

EMPLOYMENT ELIGIBILITY

The contractor will agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. See FAR 52.222-54.

The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees.

The contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The contractor shall be responsible to the government for acts and omissions of his own employees and for any Subcontractor(s) and their employees.

Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the contractor, or with this contract. The contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

SECURITY MANAGEMENT

The contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all government information and data accessed by the contractor.

The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the contractor in complying with the security requirements under this contract. Should the COR determine that the contractor is not complying with the security requirements of this contract, the contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

The following computer security requirements apply to both Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department.

INFORMATION TECHNOLOGY

When sensitive government information is processed on Department telecommunications and automated information systems, the contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel mailto:psu-industrial-security@ice.dhs.gov must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

In accordance with Chief Information Office requirements and provisions, all contractor employees accessing Department IT systems or processing DHS sensitive data via an IT system will require an ICE issued/provisioned Personal Identity Verification (PIV) card. Additionally, Information Assurance Awareness Training (IAAT) will be required upon initial access and annually thereafter. IAAT training will be provided by the appropriate component agency of DHS.

Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior.

Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and…