A0001_Attachment 01 - Performance Work Statement_Clean.pdf

US DEPARTMENT OF HOMELAND SECURITY

IMMIGRATION AND CUSTOMS ENFORCEMENT

PERFORMANCE WORK STATEMENT

Juvenile and Family Management Division (JFMD)

Unaccompanied Alien Children Safety Verification Initiative

1. PURPOSE

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) has a requirement to conduct safety and wellness checks of an estimated 100,000 unaccompanied alien children (UAC) across the US. ICE will provide a list of UAC for location by support contractor(s).

2. BACKGROUND AND SCOPE

ICE remains committed to safeguarding vulnerable children and collaborating with organizations to locate and perform wellness checks for UACs. Between Fiscal Years (FYs) 2021 and 2024, more than 479,000 UACs were released from federal custody nationwide and, within that population, ICE has identified a subset of cases requiring additional verification to confirm each child’s location, custody, school enrollment, and observe overall wellness to include checking for signs of abuse, abandonment, neglect, or trafficking. This effort aims to ensure the safety and well-being of this subset of children by assessing their safety and welfare. ICE also assists the UAC by ensuring they are aware of their immigration status and responsibilities. Through this program, ICE is reaffirming its commitment to the protection and care of vulnerable minors within the immigration system.

Accurate and consistent data collection is essential to this initiative. This data will also serve as the foundation for making informed operational and policy decisions based on reliable, real-time information, ultimately enhancing child safety and welfare efforts.

ICE will have dedicated regional juvenile coordinators (RJC) available to coordinate efforts between the field offices and other stakeholders as needed; answer questions; streamline processes; and ensure efficiency.

3. TASKS

3.1. Confirm Address

• Identify and review the child’s address using available databases and other records

• Review and verify the accuracy of the identified address

• The findings, including whether the address is valid or invalid, are documented and provided to ICE.

• Confirm the address is a resident, not a commercial location or PO box (for example).

The task is considered COMPLETE when an address is identified and its validity has been confirmed and reported to ICE.

3.2. Conduct Site Visit

• Conduct in-person site visit at the address identified for the child in task 3.1

• Confirm whether the child is physically residing at the address o Multiple site visits may be conducted at the same address if necessary to achieve confirmation or site visits may be conducted at multiple addresses for the same child.

• If the child is not found at the address, this outcome is documented, including any relevant observations or information obtained during the site visit.

• The findings from the site visit and whether the child was located or not, are documented and submitted to ICE.

• The task is considered COMPLETE when staff visit the address(es) and document the outcome of each visit, regardless of whether the child was located or not.

3.3. Observe Overall Wellness

• Identify all individuals living with the UAC and document the nature of their relationship to the child.

• Assess and document any signs of abuse, abandonment, neglect, or trafficking;

• If trafficking abuse, abandonment or neglect is indicated, the contractor must notify the designated ERO point of contact (POC) and the contracting officer’s representative (COR) immediately, and no later than 24 hours after discovery.

The contractor must send the notification by both phone and email.

• Note there could be occasions where more than one visit is required for final confirmation of wellness.

• All school-aged children are required to enroll in and attend school per state requirements. Provide confirmation that the UAC located is enrolled in school per state requirements.

• Confirm and document the child’s school enrollment and attendance per state requirements for all school-aged UAC.

• Inform the UAC and sponsors their legal responsibilities, and obligations including compliance with release conditions, immigration court appearance dates, ERO office reporting requirements, and other relevant orders.

• Provide mailing address to the ERO within 48 hours of receipt.

• Site visits are conducted no later than 7pm local time and multiple visits are made if necessary to confirm wellness.

• Update ICE Systems of Record

• Data Collection Fields, to include but not limited to

• UAC First and Last Name

• A#

• Address, City, State, Zip

• Located (Y/N)

• Safety (Y/N)

• School Enrollment (Y/N)

• Contact Information (phone, email)

• Sponsor First and Last Name, Relationship, Contact Information, Address if different from UAC

• UAC Living with Sponsor

• UAC Working

• This task is COMPLETE when staff are able to confirm the child’s wellness and answer all of the required questions.

A case is considered CLOSED when no further steps can be taken and all collected data is entered into ICE’s system of record.

Cases can have multiple steps or events. For example, staff may conduct an initial site visit at the address identified and discover that the UAC no longer resides there. In such instances, the vendor is responsible for identifying and confirming the child’s new address using available databases and records. Once the new address is confirmed, staff must conduct a site visit at the updated location to verify the child’s presence. Following the site visit, staff should proceed to observe and document the child’s overall wellness, including assessing living arrangements, school enrollment, and any potential indicators of abuse, neglect, abandonment, or trafficking.

This process may be repeated as necessary until the child’s location and wellness are fully confirmed and documented.

4. APPLICABLE STANDARDS

• Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act of 1990, as amended (ADA), if applicable, and any other applicable Federal, state, or local laws or regulations related to nondiscrimination and accommodation for individuals with disabilities.

• Violence Against Women Act of 2013

• Trafficking Victims Protection Reauthorization Act of 2008

• Flores Settlement Agreement

• Other requirements as directed by the COR

5. COMMUNICATIONS

All communications are to be provided in a language that the participant understands via bilingual staff and/or through professional interpretation services.

6. PROGRAM MANAGEMENT

6.1. Provide effective program management

6.2. The contractor shall provide all necessary personnel, facilities, equipment, and services to meet the requirements. A program management plan will be provided (see deliverable schedule) that describes how the program will be staffed and managed.

6.3. The contractor will provide a workflow describing the case management process.

6.4. The contractor will maintain adequate staffing in each location to support the requirements.

6.5. The contractor shall provide the COR and others as specified upon contract award a monthly list of all employees working on the contract to include location, title, start date, and clearance status.

7. STAFFING

7.1. The following staff are considered key personnel and resumes are to be provided to the

COR within five calendar days of contract award:

Program Director

7.1.1. Requirements

• At a minimum, possess a bachelor’s degree in a related discipline (social work, criminal justice, sociology, etc.) from an accredited institution. The government will not accept years of experience as a substitute for a bachelor’s degree.

• The program director must have a minimum of 10 years of documented, relevant experience applicable to the goals and objectives of this program, i.e.

social work or community service delivery, sufficient to communicate, direct, counsel, and evaluate subordinate staff, access processes, and recommend program improvements.

7.1.2. Duties

• The contractor Program Director is the person responsible and accountable for the overall execution and administration of the program under this contract.

• The Program Director will serve as the single point of contact for JFMD.

7.2. The contractor may propose additional key staff positions. The contractor shall obtain written concurrence from the Contracting Officer (CO) for appointment or replacement.

7.3. All staff will be required to complete a DHS background investigation, and other checks as required by state law.

7.4. The service provider must require all potential employees to complete and submit to OPR PSD the security application, to include fingerprinting, within 72 hours of eAPP initiation to ensure expedited processing by ICE. Document policies and procedures for all contract activities and provide to COR (see deliverable schedule).

7.5. Contractor Staff Training

7.5.1. The contractor shall provide ICE with a training plan within five calendar days of contract award that will list the required training curriculum for all staff.

7.5.2. The contractor shall ensure that all staff are trained prior to starting work on the contract.

7.5.3. The contractor may provide the training or can use an organization approved by the COR to provide training.

7.5.4. The contractor shall certify that employees were trained and shall provide verification upon COR request.

7.5.5. Annual refresher training will occur each subsequent year of employment.

7.5.6. ERO will provide initial orientation training for contractor staff, not to exceed eight hours, and contractor staff shall then incorporate this training module into the training curriculum.

7.5.7. The COR will work closely with the contractor each year to ensure that the training curriculum meets the requirements of the contract.

7.5.8. Staff as identified will complete the required ICE mandatory training for contractors. Current mandatory training modules include:

• DHS Computer Security Awareness Training (CSAT)

• Privacy at DHS: Protecting Personal Information

• DHS Basic Records Management

• DHS Electronic Records Management

7.6. Maintaining Staffing Levels

7.6.1. At all times, the Service Provider shall maintain appropriate staffing levels to fully satisfy all requirements of this contract.

7.6.2. Contractor must have the infrastructure to recruit, onboard, train, and retain an adequate workforce to meet the requirements of this contract.

7.7. Standards of Conduct

The contractor shall obtain written certification from each of its employees agreeing to abide by the standards of conduct outlined below for the duration of their employment. All program participants will be treated with dignity, care, and respect.

• The contractor shall provide all employees with a copy of the program's standards of conduct.

• All employees shall certify in writing that they have read and understand these standards.

• A record of this certificate shall be provided to the COR prior to the employee's beginning work under this contract.

• Contractor staff shall not display favoritism or preferential treatment to one program participant or group of program participants over another.

• No contractor employee shall enter into or maintain an existing personal relationship with a program participant.

• Contractor staff shall be prohibited from accepting for themselves or any member of their family any personal gift, favor, or service from program participants or from the program participants' families or close associates, no matter how trivial the gift or service may seem. All staff shall be required to report any such offers within 24 hours to the program director. In addition, no staff shall give any gift, favors, or service not authorized under the contract to program participants, their families, or close associates.

• Contractor staff shall not enter any business relationship with program participants or their families (e.g., selling, buying, trading personal property, or on social media, etc.).

• Contractor staff shall not have any outside or social contact with program participants, their families, or close associates to include all forms of social media outlets.

• If engaging in social media, contractor shall maintain professionalism on and off duty and shall not discuss their duties and information relating to their employment or ICE/ERO.

• Contractor shall not discuss or give any legal advice to any program participant.

• The contractor shall report to the COR within 24 hours of any violations or attempted violations of the standards of conduct.

• Violations may result in employee dismissal by the contractor or removal at the discretion of the CO.

• Failure on the part of the contractor to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the contractor to appropriate action up to and including termination of the contract for default.

• Contractor shall not discuss any program participants’ case information with anyone other than ERO and the participant.

• Contractor shall allow official legal counsel retained by any program participant into the contractor office waiting area, provided they are not soliciting for business or causing a disruption. Contractor shall not discuss anything regarding the participants’ immigration case, legal stage, or case management with the participant’s legal representative. All questions from participants’ attorneys shall be referred to ERO.

• Contractor staff shall be prohibited from providing legal advice to program participants and from interfering with a program participant's immigration status proceedings or the execution of final orders of the Immigration Court. Failure to comply shall result in the termination of the contract and/or possible criminal charges against the employee.

• The contractor shall develop procedures for reporting and handling grievances/complaints from participants. All grievances/complaints shall be reported within the next business day to the COR in writing. Any grievances/complaints from participants concerning equal opportunity to the program’s services shall be forwarded to the ICE Office of Diversity and Civil Rights for processing at ICE.Civil.Liberties@ice.dhs.gov.

7.8. Removal from Duty

Should a contractor employee need to be removed from duty:

• The contractor shall notify the COR within 24 hours of learning of adverse or disqualifying information regarding any employee. The contractor shall immediately remove the employee from performing duties under this contract, mailto:ICE.Civil.Liberties@ice.dhs.gov provide written notice to the COR of the employee’s removal and comply with further guidance from the CO upon learning of adverse or disqualifying information.

• The contractor shall notify the COR in writing of any employee terminations, suspensions, resignations, or any other adverse personnel actions taken for any reason. Disqualifying information includes, but is not limited to:

• Arrest or conviction of a crime (felony or misdemeanor offenses),

• A record of arrests for traffic offenses (especially DUI), or

• False information entered on suitability forms.

• Upon notification, the contractor shall remove any employee from assignment to this contract who has been disqualified for security reasons or is deemed unfit to perform his or her duties.

• A determination of being unfit for duty includes, but is not limited to, incidents involving misconduct as set forth below:

• Neglect of duty or failure to carry out assigned tasks;

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records;

• Possession of or selling, consuming, or being under the influence of intoxicants, drugs, or other mind-altering substances;

• Unethical or improper use of official authority;

• Violations of security procedures or regulations;

• Fraternization with program participants;

• Failure to maintain or fulfill training requirements; or

• Inappropriate conduct on social media as defined in the Standards of

Conduct (Section 7.7).

7.9. Pre-Employment Screening

The contractor shall conduct 100% pre-employment screening on all candidates prior to e- APP initiation. The contractor shall certify in writing to the CO upon request, prior to commencement of work, that each employee performing under this contract has successfully completed a pre-employment screening that includes, at a minimum:

• citizenship check

• licenses/certifications and any irregularities

• credit worthiness

• criminal background

• education

• employment reference check

8. MEDIA AND ORGANIZATIONAL INQUIRIES

8.1. The Service Provider shall refer all media inquiries to ICE and/or JFMD COR for approval.

8.2. The Service Provider shall not provide any information to the press concerning this contract without prior approval from the ICE Public Affairs Office (PAO) (ICEMedia@ice.dhs.gov).

8.3. The Service Provider shall immediately notify the ICE PAO of any media or other organizational inquiries.

8.4. There shall be no public disclosures regarding this contract made by the contractor (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Officer. The Government considers such information privileged or confidential.

9. NOTIFICATIONS AND PROGRAM REPORTING

The contractor will provide reports as needed to include but not limited to:

9.1. Daily Reports—The contractor may be required to address special circumstances or issues on a daily basis. For example, status of staff during transition phase.

9.2. Weekly list of services provided with cumulative quantities and issues identified

9.3. Monthly Quality Assurance Surveillance Plan (QASP) metrics reports.

9.4. Annual Report listing annual program statistics, to include all services provided and program metrics.

9.5. Report serious program issues or events related to the health and safety of staff or program participants to the COR or designee within one hour of observation.

9.6. Report any issues regarding program performance to the COR or designee within one calendar day of identification.

10. PROGRESS MEETINGS

10.1. Weekly Meetings--The Program Directorshall be responsible for keeping the COR informed about contractor progress throughout the performance period of this contract and ensure contractor activities are aligned with ICE objectives. The Program Director and other staff as needed shall be available to meet with the CO and COR upon request to present deliverables, discuss progress, exchange information, and resolve emergent technical problems and issues.

10.2. Quarterly Review Meetings--The contractor shall coordinate, arrange, and provide a quarterly and/or periodic review meeting at the request of the Government onsite, virtually or a combination of both. The meeting attendance requirement will include all contract key personnel. Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. These meetings may take place virtually or onsite. At these meetings, the COR will notify the contractor of how the Government views the contractor's performance and the contractor will inform the Government of any problems being experienced.

Appropriate action shall be taken to resolve outstanding issues. Should additional meetings be required to resolve outstanding issues, these meetings shall be at no additional cost to the Government. The requestor will provide an agenda up to 14 calendar days prior to the quarterly and/or periodic review meetings that will be approved by the COR. The contractor shall provide an electronic version of the briefing to the Government one week prior to the program review.

10.3. Ad Hoc Meetings--The Government may require ad hoc meetings from time to time to address special circumstances or issues that may arise. The contractor will attend these meetings at date and time that is mutually agreed upon.

11. TRANSITION-IN

The contractor shall be responsible for the transition of all activities identified in this PWS and shall provide a detailed phase in plan, documenting milestones and timeline leading up to program launch. It is expected that transition in will take no more than two months. Activities that will occur during the transition in phase include:

11.1. Meet with the COR and other designated ICE staff to review transition in plan and discuss any pertinent or on-going issues. This may be done telephonically.

11.2. Ensure they have all required staffing to begin performance under the contract.

11.3. Onboarding and training of employees in accordance with the PWS to include conducting background investigations.

11.4. Providing all required deliverables as noted in the deliverable table.

12. TRANSITION-OUT

12.1. Transition to a new awardee shall occur in a manner that is seamless and causes no disruption to program operations.

12.2. Two months prior to contract end, the contractor shall provide a transition out plan, documenting milestones and a schedule for transition activities.

13. QUALITY ASSURANCE

13.1. For all tasks detailed within this PWS, the contractor shall also define and implement quality control review and internal audit procedures in its quality control plan (QCP).

The QCP shall demonstrate how the how the vendor will ensure the quality of the services will meet the requirements. The contractor shall execute and document the results of such reviews and audits and ensure that all documentation related to them are available to the CO and COR at any time.

13.2. ERO has defined and will implement a quality assurance surveillance plan (QASP) that will evaluate and document the contractor’s performance during the execution and duration of the contract. ERO will conduct audits of multiple locations at random to evaluate the contractor’s quality control review, internal audit procedures, verify the results and ensure contract compliance.

13.3. Quality Assurance Reviews--The contractor shall define and implement monthly quality assurance reviews and internal audit procedures in a QCP and review the QASP metrics/performance. The contractor shall execute and document the results of such reviews and audits, implement a corrective action plan on areas found deficient in performance, and ensure that all documentation (e.g., internal audit reports) related to them are available to the COR and the CO at any time during the execution and close-out of this contract.

14. POST AWARD CONFERENCE

The contractor shall participate in a post award conference with the CO and the CORs no later than ten calendar days after the date of award. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss technical and contracting objectives of this contract and review the contractor's overall approach.

15. SECURITY REQUIREMENTS

ICE has determined that performance of the tasks as described in this contract 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.

Position Designation IAW Title 5, CFR part 731, dated December 18, 2024, and 5 CFR 1400. Agencies are required to designate position risk and sensitivity level for all contractor employees to determine the commensurate level of background investigation. The public trust risk of a position is the assessment of the degree of potential damage to the efficiency or integrity of the service that could arise from misconduct by the incumbent in the position.

Therefore, once the contract is awarded and before the vendor starts submitting personnel for security vetting, the contractor will provide, through the Contracting Officer’s Representatives (CORs) a list of all positions, to include titles and specific description of the duties for each of positions assigned to support the contract.

Preliminary Fitness Designation ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for contractor applicants/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 by the Office of Professional Responsibility (OPR), ICE Personnel Security Division (PSD). No employee of the contractor shall be allowed unescorted access to a Government facility without a favorable preliminary Fitness determination by OPR PSD. Contract employees are processed under 5 CFR 731 dated December 18, 2024, and DHS Instruction 121-01-007, Revision 2, dated August 10, 2024, or successors thereto; those having direct contact with Detainees will also have 6 CFR §

115.117 considerations made as part of the Fitness screening process. Sexual Abuse and Assault Prevention Standards implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003)).

Background Investigations Contractor employees (to include applicants, temporary, 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 OPR PSD. Contractor applicant/employees are nominated by a Contracting Officer Representative (COR) for consideration to support this contract via submission of the DHS Form 11000-25 and ICE Supplement to the DHS Form 11000-25 to OPR PSD. This contract shall submit the following security vetting documentation to OPR PSD, through the COR, within 10 days of notification of initiation of an Electronic Application for Background Investigations (eAPP), or successor thereto, in the Office of Personnel Management (OPM) automated on-line system:

1. Standard Form 85P (Standard Form 85PS (with supplement to 85P required for those with direct contact with detainees or armed positions)), “Questionnaire for Public Trust Positions” form completed online and archived by the contractor applicant/employee in their NBIS eAPP account.

2. Signature Release Forms (Three total) generated by NBIS eAPP upon completion of Questionnaire (e-signature recommended/acceptable). Completed online and archived by the contractor applicant/employee in their NBIS eAPP account.

3. Electronic fingerprints taken at an approved facility OR two (2) SF 87 Fingerprint Cards (current revision) sent to OPR PSD. Additional information regarding fingerprints will be sent to the contractor applicant/employee from OPR PSD.

4. Optional Form 306 Declaration for Federal Employment. This document is sent as an attachment in an e-mail to the contractor applicant/employee from OPR PSD.

5. Social Security Administration 89 form (SSA-89): Authorization for the Social Security Administration (SSA) to Release Social Security Number (SSN) Verification. This document is sent as an attachment in an e-mail to the contractor applicant/employee from

OPR PSD.

6. If occupying PREA designated position: Questionnaire regarding conduct defined under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards). This document is sent as an attachment in an e-mail to the contractor applicant/employee from OPR PSD.

7. One additional document may be applicable if the contractor applicant/employee was born abroad. If applicable, the document will be sent as an attachment in an e-mail to OPR PSD from the contractor applicant/employee.

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 transfer of trust. The questionnaire related to 6 CFR § 115.117 listed above in item 5 will be required for positions designated under PREA. OPR PSD will determine if personnel meet transfer of trust requirements at the initial stage of processing and prior to requesting a new security questionnaire.

With respect to break-in-service requirements for transfer of trust, OPM removed the 24-month break-in-service provision. This requirement is replaced with a new process, established in the Federal Personnel Vetting Investigative Standards issued by the Suitability, Credentialing, and Security Executive Agents, which expands this window of time up to sixty months using a tiered, risk-based approach of graduated levels of investigation.

IAW 5 CFR 731 and E.O. 13764, the fixed five-year periodic reinvestigation for public trust positions and national security positions will soon be eliminated and only once personnel are enrolled in a continuous vetting program. Therefore, PSD will continue the reinvestigation process until this process is completed.

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

To ensure adequate background investigative coverage, contractor applicants/employees must currently reside in the United States or its Territories. Additionally, contractor applicants/employees are required to have resided within the United States or its Territories for three or more years out of the last five (ICE retains the right to deem a contractor applicant/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, Revision 2, dated August 10, 2024. 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, Revision 2, dated August 10, 2024.

Continued Eligibility ICE will exercise full control over granting, denying and/or restrict facility and information access of any contractor employee whose actions conflict with Fitness standards contained in 5 CFR 731 and DHS Instruction 121-01-007, Revision 2, dated August 10, 2024, 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 Federal Government is transitioning to Trusted Workforce (TW) 2.0. TW 2.0 is a whole-of-government background investigation reform effort overhauling the personnel vetting process by creating a government-wide system that allows transfer of trust across organizations. All contractor employees will be subjected to the transition and will be enrolled into a continuous vetting system. Enrollment will include multiple requirements from all personnel and potential changes to processes, procedures, and systems. This contract will comply with all requirements that facilitate the mandated transition to TW 2.0.

OPR PSD will evaluate concerns received via multiple sources under the continuous vetting process, to evaluate continued Fitness of contractor employees. If concerns cannot be mitigated, the contractor will be removed from the ICE contract upon notification from OPR PSD.

Required Reports The contractor will notify OPR PSD, via the COR providing an ICE Form 50-005, Contractor Employee Separation Clearance Checklist, of all terminations/resignations of contractor employees under the contract within five days of occurrence to the ICEDepartureNotification@ice.dhs.gov group box. 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.

IAW DHS Instruction 121-01-007, Revision 2, dated August 10, 2024, the Contracting Officer’s Representatives (CORs) notify the servicing personnel and industrial security offices when a contractor employee is no longer working for DHS on any contract and report any derogatory information concerning the individual immediately, in accordance with the contract requirements. Report this information to PSD-CEP-REPORTING@ice.dhs.gov. 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 (on a Microsoft Excel Spreadsheet) containing the names of contractor employees who are actively serving on their contract. 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. This list is what ICE Industrial Security uses to reconcile the contract quarterly. CORs will submit reports to mailto:ICEDepartureNotification@ice.dhs.gov mailto:PSD-CEP-REPORTING@ice.dhs.gov

PSD-Industrial-Security@ice.dhs.gov no later than the 10th day of each January, April, July and October.

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 Non-Disclosure Agreement (NDA) for contractor employee access to sensitive information. The NDA will be administered by the COR to 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.

Security Management The contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with OPR PSD 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 OPR 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 to effect compliance with such requirements.

Information Technology Security When sensitive government information is processed on Department telecommunications and automated information systems, the contract company 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.

mailto:PSD-Industrial-Security@ice.dhs.gov mailto:ICE.ADSEC@ice.dhs.gov

Contractor employees who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, regardless 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 Office of the Chief Information Officer (OCIO) 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 the ICE Training System (ITS) or by contacting ICE.ADSEC@ice.dhs.gov. 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).

16. OTHER TERMS

The vendor shall ensure that the provision of these services is done in accordance with all terms of this contract and all applicable federal, state, and local law, with high standards of conduct, and with the use of qualified individuals with suitable training, education, experience, and skills to perform the services.

17. DELIVERABLES

All are to be approved by the COR or designee.

# Deliverable Due Date(s) 1 Program management plan, staffing plan, and program launch schedule Within 10 calendar days of contract award

2 Quality Control Plan Within 10 calendar days of contract award

3 Standard Operating Procedures Provided 10 calendar days before program launch mailto:ICE.ADSEC@ice.dhs.gov

4 Updated Organizational Chart Within 5 calendar days of contract award

5 Satisfy Program Staffing Plan Requirements Upon program launch 6 Notification of change in any employee’s health status Immediately upon identification

7 Notification of employee termination, transfer, suspension, personnel action relating to disqualifying information or incidents of wrongdoing (criminal or policy violation)

Immediately (immediate verbal report, with written follow-up) upon identification

8 Report of any contract employee misconduct Immediately (immediate verbal report, with written follow-up) upon identification

Conduct and Document Internal Quality Assurance Audits

Review and update Quality Control Procedures as required, but no less than annually

10 Furnish Resumes of key personnel Within five calendar days of contract award

11 e-APP Security Process Weekly report to COR listing employee name, date submitted, date approved/removed from process each Friday

12 Training Plan Within 5 calendar days of contract award

13 Transition Out Plan Two months prior to the end of the contract