70CDCR24R00000013 - RFP - Sections B-M.pdf

70CDCR24R00000013

Section B

SECTION B:

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the performance work statement (PWS) on an indefinite delivery – indefinite quantity (IDIQ) basis to have detention services purchased on a firm-fixed and labor-hour basis at the Buffalo Federal Detention Facility (BFDF).

B.2 CLIN STRUCTURE

Offerors are instructed to fill in the contract line-item number (CLIN) table below. This table may be edited prior to award but is anticipated to be the CLIN structure that will be utilized for this contract. All pricing shall be incorporated into this contract upon award. See Request for Proposal (RFP) Attachment 2 for more information.

B.3 CONTRACT PRICING

All task orders (TO) issued under this contract will be fixed price and labor hour billed in accordance with the fixed rates established in RFP Attachment 2.

TOs will generally be issued for a 12-month period of performance, however they may be issued for less time depending on operational and financial requirements.

B.4 MINIMUM AND MAXIMUM QUANTITIES

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

Minimum: Amount to be determined at time of award – amount will reflect 12 months of services.

Maximum: The maximum quantities for this IDIQ are listed above in RFP Attachment 2, Tab 1.

The maximum value of this IDIQ contract will be the calculated total value of the IDIQ. The final value will be stated in the award.

B.5 FUNDING

Funds for the services provided will be obligated, at the TO level, as they become available, or excess funds de-obligated at the TO level, by modification to the task order contracts unilaterally

Section B by the government.

[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

[END OF SECTION B]

Section C

SECTION C:

DESCRIPTION/SPECIFICATIONS/PERFORMANCE

WORK STATEMENT

U.S. Department of Homeland Security Immigration and Customs Enforcement

Performance Work Statement (PWS) Detention Services

(Buffalo Federal Detention Facility/Batavia SPC)

See Attachment 1

Section D

SECTION D:

PACKAGING & MARKING

[THIS SECTION IS INTENTIONALLY LEFT BLANK]

[END OF SECTION D]

Section E

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 (CO) will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html.

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

E.2 INSPECTION REQUIREMENTS

Review of Deliverables ---

a. For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. eastern standard time, at destination, Monday through Friday, unless stated.

b. The contractor shall provide all deliverables to the contracting officer’s representative (COR) in Microsoft Excel, PowerPoint, or Word format. The format and content of all deliverables are subject to government approval. 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 business days after notification of the presence of a virus.

c. Each deliverable shall be from a company representative in company letterhead. Multiple deliverables may be delivered with a single email 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 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. The CO or COR will provide written acceptance, comments and/or change requests, if http://acquisition.gov/far/index.html any, within 30 business days from receipt by the government of the initial deliverable.

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

g. If written acceptance, comments and/or change requests are not issued by the government within 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.

h. 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 (CDR).

E.3 DELIVERABLES CHART

Transition Deliverables

Number Description Frequency Method of Delivery 1 Final Quality Control Plan Within

60 days of award

Via email to CO and COR

2 Contractor's Employee Manual

Within 30 days of award

Via email to CO and COR

3 Final Contractor staffing plan

Within 15 days of award

Via email to COR and AFOD

4 Organizational Chart Within 60 days of award

Via email to COR and AFOD

5 Training Plan Within 30 days of award

Via email to COR

6 Employee Standards of Conduct

Within 30 days of award

Via email to COR

7 Employee Medical Exam Results - all employees

Within 90 days of award

Via email to COR

8 TB Skin Test Certification Within 90 days of award

Via email to COR

9 Specifications/photographs of proposed uniforms and accessories

Within 30 days of award

Via email to COR and AFOD

10 Copy of Contractor's Security Service license

Within 30 days of award

Via email to COR

11 Drug Test Results Within 90 days of award

Via email to COR

12 Gunsmith Report Within 90 days of award

Via email to COR

13 Firearms Serial Numbers Within 90 days of award

Via email to COR

14 Proposed Warehouse Schedule

Within 30 days of award

Via email to COR and AFOD

15 Dietician Certification of all menus and religious meals

Within 90 days of award

Via email to COR

16 Contractor Food Service Permit

Within 30 days of award

Post-Award Deliverables - Routine - Daily, Monthly, Quarterly Contractor Submittal and Government Review Number Description Frequency Method of Delivery 17 Quality Control Plan Monthly Audit

Report By the 10th calendar day of each month

Via email to COR

18 Completed Logbooks Each event as required by PBNDS and PWS

Logged into Security Logbooks, COR will review

19 Record of Presence Daily Hard copy to Compliance Team Office

20 Quarterly Firearms Qualification Results

Quarterly Via email to COR

21 Daily Manifest Daily Via email to COR, Processing Sup. And Buffalo IEA

22 Daily Confidential Daily Via email to COR, BUF and BTV Supervisors

23 Monthly Status Report By the 5th calendar day of each Month

Via email to COR

24 Weekly Warehouse Inventory Report By 9:00

AM

Eastern Standard Time (EST) each Friday

Via email to COR and

BFDF ICE MSS

25 Copy of Commissary Order Sheet for detainee purchases

Weekly Hard copy to Compliance Team Office

26 Detainee Health and Welfare Fund report

By the 10th calendar day of each Month

Via email to COR and

AFOD

27 Serving Line Temperature Report At each meal

Keep on file, COR will review monthly

28 Chemical Inventory Sheet Daily log Keep on file, COR will review monthly

29 Tool Cabinet Inventory Monthly Log

Keep on file, COR will review monthly

30 Tool Cabinet Control Log Daily log Keep on file, COR will review monthly

31 Detainee Worker Program Training Form

Prior to detainee

EOD

Keep on file, COR will review monthly

32 ACA Temperature Log Report (Refrigerators and Freezers)

Three Times Per Day

Keep on file, COR will review monthly

33 Daily Sanitation Checklist Two Times Per Day

Keep on file, COR will review monthly

34 Food Services Weekly Inspection Log Weekly Log

Keep on file, COR will review monthly

Post-Award Deliverables - When Appropriate Submittals and Periodic Government Reviews Number Description Frequency Method of Delivery 35 Copy of Employee CDL with passenger endorsements and medical clearance

Prior to EOD as Transport Officer

Via email to COR

36 Employee Certifications to having received Employee Manual

When requested by the COR

Keep on file, COR will review periodically

37 Assignment/Shift Rosters Posted in facility and emailed to COR upon request

Via email to COR

38 Report on Defective Equipment Immediately Via email to COR 39 Report on Security Breaches to include escapes/attempted escapes Immediately Via email to COR and

AFOD

40 Report on any deficiency/non-compliance with facility standards Immediately Via email to COR and

AFOD

41 Vehicle Insurance Cards Prior to placing vehicle in service & upon receipt of new cards

Via email to COR

42 Vehicle Registration Prior to placing vehicle in service & upon receipt of new registration

Via email to COR

43 Report on Changes in Employee Health Status

Immediately Via email to COR

44 TB Skin Test Certification Prior to EOD for new employees

45 Annual TB Skin Test Results Annually

46 Report on Employee Misconduct immediately Via email to COR and

AFOD

47 Random Drug Screening Results Random & within 24 hours of receipt

Via email to COR

48 Employee Armed Guard License Prior to EOD for all armed guards

Via email to COR

49 Staffing Manpower Report When requested by the COR

Via email to COR

50 Notification of employee termination/resignation

Immediately Via email to COR

51 Completion of new employee OJT Upon each occurrence

Via email to COR

52 Proposed Certified Course Instructors Prior to each course

Via email to COR

53 Proposed Proficiency Exam Prior to use Via email to COR and

AFOD

54 Lesson Plans When requested by the COR

Keep on file, COR will review periodically

55 Incident Reports Immediately Via email to COR and

AFOD

56 Signed Post Order Certifications Prior to assignment on each post

On file at each post, COR will review periodically

57 Use of Force Reports Immediately Via email to COR and

AFOD

58 Inventory of Government Furnished Property

When requested by the COR

Keep on file, COR will review periodically

59 Weapons Permit Three days prior to

EOD

Via email to COR

60 Menu's - 35 day regular, 14-day common fare, 10 Holidays

Prior to first use and when requested by the COR review periodically

61 Log of Satellite Meals When requested by the COR

Keep on file, COR will review periodically

62 Daily report of number of all meals served by type

When requested by the COR

Keep on file, COR will review periodically

63 Inventory of contractor owned equipment in facility

When requested by the COR review periodically

Post-Award Deliverables - Annual Submittal and Review Number Description Frequency Method of Delivery 64 Documentation of ART, CPR, 1st Aid, Training Certificates

Annual - prior to the end of each performance period

Keep on file, COR will review periodically

65 Documentation of DCT Training

Annual - prior to the end of each performance period

Keep on file, COR will review periodically

66 Documentation of DCT Completion of exercise with

ICE SRT

Annual - prior to the end of each performance period

Via email to COR

67 Supervisory Training Prior to EOD and Annual - prior to end of each performance period

Keep on file, COR will review periodically

68 Quality Control Plan Annual Update

Within 30 days of the beginning of each performance period

Via email to CO and COR

69 Annual Training Forecast Within 30 days of the beginning of each performance period

Via email to COR

70 Dietician's annual review of all menus

Within 30 days of the beginning of each performance period

71 Annual Medical Exams for Kitchen Personnel

Within 30 days of the beginning of each performance period

Via email to COR

72 Copy of County Health Department Inspection Results

Annual inspection at time/date of county choosing

Via email to COR

73 Facility control key inventory report

Daily BFDF ICE Chief of Security

74 Tool inventories report from the sally-port and lobby for visiting contractors

Quarterly BFDF ICE Chief of Security

75 Daily tool inventory report from the supervisor’s office and the processing desk officer

Quarterly BFDF ICE Chief of Security

76 Daily handheld camera inventory report from facility control

Quarterly BFDF ICE Chief of Security

77 Daily metal detector daily checks log report

Quarterly BFDF ICE Chief of Security

78 Daily perimeter and roof checks logs report

Quarterly BFDF ICE Chief of Security

79 Daily vehicle records logs report

Quarterly BFDF ICE Chief of Security

80 All detainee search reports Quarterly BFDF ICE Chief of Security

81 Use of force training report Quarterly BFDF ICE Chief of Security

82 Unit search schedules report Quarterly BFDF ICE Chief of Security

83 Report from a complete unit shakedown – two shakedowns per month

Quarterly BFDF ICE Chief of Security

84 Updated staff call back numbers report

Annually BFDF ICE Chief of Security

* The word “immediately” or “immediate,” as used above in the deliverables chart 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 CO will determine the appropriate reasonable timeframe.

E.4 ACCEPTANCE CRITERIA

The government will provide written notification of acceptance or rejection of all final deliverables within 30 calendar days. Absent written notification, final deliverables may be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.5 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the QASP (see Attachment 12).

[END OF SECTION E]

Section F

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 this internet address: http://acquisition.gov/far/index.html.

Clause Number Clause Title 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

F.2 PERIOD OF PERFORMANCE

The contract’s anticipated period of performance, when awarded, will include years 1 through

10. Included in year 1 will be a four-month transition period and eight month operational period.

The option to extend services for up to six months, in accordance with FAR 52.217-8, is being evaluated but will not be listed as a separate CLIN. The associated cost will not be included in the overall IDIQ ceiling unless utilized.

The anticipated period of performance is as follows:

Note: Actual dates will be incorporated in the specific CLIN once the award date is finalized.

Until then general periods are included for planning purposes.

Performance Period Dates Year 1 (Inclusive of four-month Transition-In Period) 12 months Year 2 12 months Year 3 12 months Year 4 12 months Year 5 12 months Year 6 12 months Year 7 12 months Year 8 12 months Year 9 12 months Year 10 12 months http://acquisition.gov/far/index.html

Section F

F.3 TASK ORDER PERIOD OF PERFORMANCE AND PRICING

TOs may be issued at any time during the 10-year period of performance. The period of performance of any TO issued under the contract shall not exceed 12 months, however they may be shorter. TOs shall be priced using the rates provided in RFP Attachment 2 that will be applicable to the task order’s anticipated performance period.

F.4 PLACE OF PERFORMANCE

Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020

On an as needed basis, transportation services may be required to locations provided within the PWS. Upon COR approval or Immigration and Custom’s Enforcement (ICE) designee, transportation may be required outside of the local area.

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 for each awarded requirement from this solicitation via the Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.1502. The CPARS website is located: http://www.cpars.gov.

[END OF SECTION F]

http://www.cpars.gov/

Section G

SECTION G:

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

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

The following will 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.

Contracting Officer’s Representative (COR) The COR within the enforcement and removal office, (ERO), is responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the BFDF TOs. The COR supports the CO in the general management of the acquisition. The COR for BFDF is:

Name: To Be Named at Contract Award Email: To Be Named at Contract Award Telephone Number: To Be Named at Contract Award

The COR for this contract will be identified 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 TO. The COR is also responsible for the final inspection and acceptance of all TO 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 BFDF Detention Services 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: Natalie Carr Email: Natalie.Carr@ice.dhs.gov

G.2 MINIMUM CONTRACTOR KEY PERSONNEL

The minimum contractor key personnel are described in the PWS. Please see attachment 1.

G.3 UNILATERAL ORDERS

TOs under this contract may be issued unilaterally. If the parties fail to agree, the CO may require the contractor to perform, and any disagreement shall be deemed a dispute within the framework of the "Disputes" clause at FAR 52.233-1.

G.4 INVOICE REQUIREMENTS

1. 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 Identifier (UEI) number; the ICE Program Office; and state whether the invoice is “INTERIM” or “FINAL”.

2. 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 UEI number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;

(ii)Unique Entity Identifier (UEI) number;

(iii)Invoice date and number;

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

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

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

(vii)Terms of any discount for prompt payment offered;

(viii)Remit to Address;

(ix)Name, title, and phone number of persons 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”

3. 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.

mailto:Natalie.Carr@ice.dhs.gov

a. 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-SPC-FBV-BTV Invoice

b. Mail:

DHS, ICE

Financial Service Center Burlington Attn: ICE-ERO-SPC-FBV-BTV Invoice P.O. Box 1620 Williston, VT 05495-1620

(xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232-33 Payment by Electronic Funds Transfer – System for Award Management or 52-232-34, Payment by Electronic Funds Transfer – Other than System for Award Management.

4. 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). Guaranteed Minimums. If a guaranteed minimum is not exceeded on a CLIN(s) for the invoice period, no supporting documentation is required. When a guaranteed minimum is exceeded on a CLIN (s) for the invoice period, the Contractor is required to submit invoice supporting documentation for all detention services provided during the invoice period which provides the information described below:

a. Detention Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

(ii). 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. Detention Bed Space Services. For detention bed space CLINs without a GM, the supporting documentation must include:

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

b. 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.

c. 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.

d. 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.

5. 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.

6. 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.

There shall be no public disclosures regarding this agreement made by the Service Provider (or any subcontractors) without review and approval of such disclosure by ICE.

Notwithstanding the period of performance indicated above, the funding provided in this modification is the amount presently available for payment and allotted to this task order. The service provider agrees to perform to the point that does not exceed the total amount currently allotted to the items currently funded under this task order. The service provider is not authorized to continue to work on those item(s) beyond that point. The Government will not be obligated to reimburse the service provider in excess of the amount allotted to those item(s) for performance beyond the funding allotted.

[END OF SECTION G]

Section H

SECTION H:

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR’S INSURANCE

The contractor shall maintain insurance in an amount not less than $3,000,000 to protect the contractor from claims under workman’s compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by the contractor itself or by any subcontractor or anyone directly or indirectly employed by either business entity. The contractor shall maintain General Liability insurance: bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence is required.

Additionally, an automobile liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property coverage. Certificates of such insurance shall be subject to the approval of the CO for adequacy of protection. All insurance certificates required under this contract shall provide 30 days’ notice to the government of any contemplated cancellation.

The contractor shall provide that all staff having access to detainee monies and valuables are bonded in an amount sufficient to ensure reimbursement to the detainee by the contractor in case of loss.

H.2 FIXED ASSETS AND NON-FIXED ASSETS

During performance of this contract, title to property/equipment assigned as fixed assets of the government under this contract shall vest in the government. The contractor shall be responsible for the proper maintenance of all said property/equipment. All associated property/equipment costs including, but not limited to, maintenance, registration, and licensing shall be borne by the contractor. Upon completion of the contracted period of performance, title to property/equipment assigned as non-fixed assets shall vest in the contractor. However, in the event of termination for any reason, title to all property/equipment assigned as fixed assets of the government under this contract shall vest in the government.

H.3 SECURITY REQUIREMENTS - REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFIED (SBU) CONTRACT DETENTION FACILITY

General: Performance under this Contract Detention Facility agreement requires access to sensitive DHS information and will involve direct contact with ICE Detainees. The Service Provider shall adhere to the following.

Contractor Employee Fitness Screening: Screening criteria under DHS Instruction 121-01-007- 001 (Personnel Security, Suitability and Fitness Program), or successor thereto, that may exclude contractor employees from consideration to perform under this agreement includes:

• Misconduct or negligence in employment;

• Criminal or dishonest conduct;

• Material, intentional false statement or deception of fraud in examination or appointment;

• Refusal to furnish testimony as required by 5 CFR § 5.4 (i.e., a refusal to provide testimony to the Merit Systems Protection Board or the Office of Special Counsel);

• Alcohol abuse, without evidence of substantial rehabilitation, of a nature and duration that suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the applicant or appointee or others;

• Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation;

• Knowing and willful engagement in acts or activities designed to overthrow the U.S.

Government by force;

• Any statutory or regulatory bar which prevents the lawful employment of the person involved in the position in question (for Excepted Service employees); and

• Any other nondiscriminatory reason that an individual’s employment (or work on a contract) would not protect the integrity or promote the efficiency of the service.

Contractor Employee Fitness Screening: Screening criteria under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards) implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003) or successor thereto, that WILL exclude contractor employees from consideration to perform under this agreement includes:

• Engaged in Sexual Abuse in a Prison, Jail, Holding Facility, Community Confinement Facility, Juvenile Facility, or other Institution as defined under 42 USC 1997;

• Convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse;

• Civilly or administratively adjudicated to have in engaged in such activity.

Subject to existing law, regulations and/or other provisions of this Agreement, illegal or undocumented aliens shall not be employed by the Service Provider.

1.1.1 GENERAL

ICE has determined that performance of the tasks as described in contract agreement (#) TBD requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information and ICE Detainees, and that the Contractor will adhere to the following:

1.1.2 PRELIMINARY FITNESS 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 Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the contractor employee to commence work temporarily prior to the completion of a Full Field Background Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness 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 preliminary Fitness determination or final Fitness determination by OPR-PSU. Contract employees are processed under DHS Instruction 121-01-007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto; those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process.

1.1.3 BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, 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. Contractor employees nominated by a Contracting Officer Representative for consideration to support this contract shall submit the following security vetting documentation to OPR-PSU, through the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by the contractor employee in their OPM e-QIP account.

2. Signature Release Forms (three total) generated by OPM e-QIP upon completion of

Questionnaire (e-signature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by the contractor employee in their OPM e-QIP account.

3. Two (2) SF 87 (Rev. December 2017) Fingerprint Cards. (Two Original Cards sent via

COR to OPR-PSU)

4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

7. Questionnaire regarding conduct defined under 6 CFR § 115.117 (Sexual Abuse and

Assault Prevention Standards) (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

8. One additional document may be applicable if contractor employee was born abroad. If applicable, additional form and instructions will be provided to contractor employee. (If applicable, the document will be sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity. The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. (Executive Order 13488 amended under Executive Order 13764/DHS Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU as notified by the COR.

To ensure adequate background investigative coverage, contractor employees must currently reside in the United States or its Territories. Additionally, contractor employees are required to have resided within the Unites States or its Territories for three or more years out of the last five (ICE retains the right to deem a contractor employee ineligible due to insufficient background coverage). This timeline is assessed based on the signature date of the standard form questionnaire submitted for the applied position. Contractor employees falling under the following situations may be exempt from the residency requirement: 1) work or worked for the U.S. Government in foreign countries in federal civilian or military capacities; 2) were or are dependents accompanying a federal civilian or a military employee serving in foreign countries so long as they were or are authorized by the U.S. Government to accompany their federal civilian or military sponsor in the foreign location; 3) worked as a contractor employee, volunteer, consultant or intern on behalf of the federal government overseas, where stateside coverage can be obtained to complete the background investigation; 4) studied abroad at a U.S.

affiliated college or university; or 5) have a current and adequate background investigation (commensurate with the position risk/sensitivity levels) completed for a federal or contractor employee position, barring any break in federal employment or federal sponsorship.

Only U.S. Citizens and Legal Permanent Residents are eligible for employment on contracts requiring access to DHS sensitive information unless an exception is granted as outlined under DHS Instruction 121-01-007-001. Per DHS Sensitive Systems Policy Directive 4300A, only U.S. citizens are eligible for positions requiring access to DHS Information Technology (IT) systems or positions that are involved in the development, operation, management, or maintenance of DHS IT systems, unless an exception is granted as outlined under DHS Instruction 121-01-007-001.

1.1.4 TRANSFERS FROM OTHER DHS CONTRACTS:

Contractor employees may be eligible for transfer from other DHS Component contracts provided they have an adequate and current investigation meeting the new assignment requirement. If the contractor employee does not meet the new assignment requirement a DHS 11000-25 with ICE supplemental page will be submitted to OPR-PSU to initiate a new investigation.

Transfers will be accomplished by submitting a DHS 11000-25 with ICE supplemental page indicating “Contract Change.” The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

1.1.5 CONTINUED ELIGIBILITY

ICE reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee whose actions conflict with Fitness standards contained in DHS Instruction 121-01-007-01, Chapter 3, paragraph 6.B or who violate standards of conduct under 6 CFR § 115.117. The Contracting Officer or their representative can determine if a risk of compromising sensitive government information exists or if the efficiency of service is at risk and may direct immediate removal of a contractor employee from contract support. The OPR- PSU will conduct periodic reinvestigations every 5 years, or when derogatory information is received, to evaluate continued Fitness of contractor employees.

1.1.6 REQUIRED REPORTS

The Contractor will notify OPR-PSU, via the COR, of all terminations/resignations of contractor employees under the contract within five days of occurrence. The Contractor will return any expired 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 contractor 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 contractor employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR a Quarterly Report containing the names of contractor employees 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.

Contractors, who are involved with management and/or use of information/data deemed “sensitive” to include ‘law enforcement sensitive” are required to complete the DHS Form 11000-6-Sensitive but Unclassified Information NDA for contractor access to sensitive information. The NDA will be administered by the COR to the all-contract personnel within 10 calendar days of the entry on duty date. The completed form shall remain on file with the COR for purpose of administration and inspection.

Sensitive information as defined under the Computer Security Act of 1987, Public Law 100-235 is information not otherwise categorized by statute or regulation that if disclosed could have an adverse impact on the welfare or privacy of individuals or on the welfare or conduct of Federal programs or other programs or operations essential to the national interest. Examples of sensitive information include personal data such as Social Security numbers; trade secrets; system vulnerability information; pre-solicitation procurement documents, such as statements of work;

and information pertaining to law enforcement investigative methods; similarly, detailed reports related to computer security deficiencies in internal controls are also sensitive information because of the potential damage that could be caused by the misuse of this information. All sensitive information must be protected from loss, misuse, modification, and unauthorized access in accordance with DHS Management Directive 11042.1, DHS Policy for Sensitive Information and ICE Policy 4003, Safeguarding Law Enforcement Sensitive Information.”

Any unauthorized disclosure of information should be reported to ICE.ADSEC@ICE.dhs.gov.

1.1.7 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.

mailto:psu-industrial-security@ice.dhs.gov mailto:ICE.ADSEC@ICE.dhs.gov

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 CO of the proper action to be taken in order to effect compliance with such requirements.

1.1.8 INFORMATION TECHNOLOGY SECURITY CLEARANCE

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 MD 4300.1, Information Technology Systems Security. or its replacement. Contractor employees must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractor employees 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).

1.1.9 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, Cybersecurity Awareness Training (CSAT) will be required upon initial access and annually thereafter. CSAT training will be provided by the appropriate component agency of DHS.

Contractor employees, 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, systems rules of behavior, to include unauthorized disclosure training, available on PALMS or by contacting ICE.ADSEC@ICE.dhs.gov. Department contractor employees, 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 concepts of telecommunications and IT systems security.

All personnel who access Department information systems will be continually evaluated while performing these duties. System Administrators should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO).

mailto:ICE.ADSEC@ICE.dhs.gov

H.4 ITAR 4.5.3.1 COMPLIANCE WITH DHS SECURITY POLICY TERMS AND

CONDITIONS

All hardware, software, and services provided under this task order must be compliant with DHS National Security Systems Policy Directive 4300B, Version…