70CDCR26R00000018 - RFP.pdf
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- Attached to
- Multi - AOR Armed Guard Transportation Services
- Solicitation number
- 70CDCR26R00000018_S
- Issued by
-
Immigration and Customs Enforcement
About this file
RFP Summary: Armed Guard Transportation Services
This Request for Quotation (RFQ) issued by U.S. Immigration and Customs Enforcement (ICE) Office of Acquisition Management seeks an Indefinite Delivery-Indefinite Quantity (IDIQ) contract for armed guard transportation services. The contract will serve the Baltimore, Boston, New York, Newark, and Washington Area of Responsibility offices, with services extending across Pennsylvania, Delaware, Massachusetts, Connecticut, Rhode Island, Maine, New Hampshire, Vermont, New York, New Jersey, Maryland, Virginia, West Virginia, the Carolinas, Georgia, and potentially beyond. The procurement is structured as a hybrid Firm-Fixed Price/Time & Material contract with a 60-month ordering period and individual task orders not exceeding 12 months. The minimum anticipated quantity is $1,000,000 during the period of performance, with maximum value to be determined based on the sum of base year and all options plus 25%. Pricing will be established through fixed rates in Attachments 6a-6e, and task orders will be issued independently to each Area of Responsibility with separate funding and invoicing requirements.
The RFQ employs a phased evaluation approach with Phase I (Volume I) evaluating Carrier Compliance, Demonstrated Experience, and Case Study Scenario, followed by an advisory down-select and Phase II evaluation of Plans (Transportation Operations, Staffing, and Transition-In), Past Performance, and Price. Phase I submissions are due by 2:00 PM EST on July 24, 2026, with Phase II deadline to follow. Offerors must demonstrate compliance with federal motor carrier safety standards, possess a Federal Motor Carrier Safety Administration rating of 50 or lower, and provide proof of $1.5M to $5M transportation insurance and a non-construction service bond up to $300M. Evaluation criteria include contractor compliance documentation (pass/fail), demonstrated experience with similar contracts within the past five years, staffing plans addressing 95% minimum staffing levels, detailed operational and transition plans, past performance records, and price reasonableness. This is not a small business set-aside, and the contract requires extensive security vetting, compliance with DHS policies, and adherence to National Detention Standards 2025.
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NUMBER
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
c. CITY
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
DETENTION COMPLIANCE AND REMOVALS
ICE Office of Acquisition Management 500 12th St SW
WASHINGTON DC 20024
70CDCR26R00000018
NATALIE CARR 202 924-3631
07/06/2026
07/24/2026 1400 ES
Multiple
Review Section B through M for detailed information regarding this RFP.
1 73
SECTION B
SUPPLIES OR SERVICES AND PRICES
B.1 BACKGROUND
The U.S. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), Baltimore Field Office (BAL), Boston (BOS) Field Office, New York Field Office (NYC),Newark Field Office (NEW) and Washington (WAS) Area of Responsibility (AOR) and other similar geographically located AORs have a requirement for Armed Guard Transportation Services in Pennsylvania, Delaware, Massachusetts, Connecticut, Rhode Island, Maine, New Hampshire, Vermont, New York, New Jersey, Maryland, Virginia, West Virginia, the Carolinas and Georgia.
ICE ERO manages and oversees the nation's civil immigration detention system. Its mission is to identify, arrest, and remove immigrants who may present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. These services involve the management, transportation, and the escort of immigrants in a secure manner. These services will also provide for the safe and secure transportation of immigrants who have entered the United States illegally or have become removable after admission. This acquisition is mission critical and will be for transportation services for these AORs.
B.2 GENERAL
The Contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Performance Work Statement (PWS), Attachment 1, through an Indefinite Delivery - Indefinite Quantity (IDIQ) contract for transportation services procured on a hybrid Firm- Fixed Price (FFP)/Time & Material (T&M)) basis. This RFP is a for a single award IDIQ per FAR 16.5.
B.3 CONTRACT PRICING
All Task Orders (TOs) issued under this contract will be FFP/T&M and billed in accordance with the fixed rates established in Attachments 6a-6e.
B.4 MATERIALS AND EQUIPMENT
Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.
Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance.
After contract award, any material and equipment cost not factored into the proposed prices, and not requested by the government at any time, will not be covered under this contract.
B.5 CONTRACT LINE-ITEM NUMBER (CLIN) FRAMEWORK TABLE
See pricing template Attachments 6a-6e
B.6 BAL, BOS, NEW, NYC, AND WAS USAGE, BILLING AND INVOICING
Pricing for each CLIN will be determined at the task order level for each AOR in accordance with the respective pricing attachment (Attachment 6a/b/c/d/e).
The task orders have independent Contracting Officer Representatives (CORs), funding, invoicing, and reporting requirements.
Each task order’s invoices shall be submitted separately using the respective task order CLINs and in accordance with the invoicing instructions provided in Section G.
B.7 CONTRACT ESTIMATED QUANTITIES, MINIMUM AND MAXIMUM
In accordance with RFO 16.504-1, the minimum and maximum quantity the government will acquire under this contract is as follows:
(b) Minimum: $1,000,000 during the period of performance of the IDIQ contract.
(c) Maximum: $TBD. The maximum for the IDIQ contract will be the calculated total value of the IDIQ including the base year and all options, plus 25% of the total value.
*Note: This amount will be stated in the resulting IDIQ contract award.
*The purpose of including the additional 25% of the total value, is to account for unanticipated program growth due to possible changes in mission requirements. This value will only impact the IDIQ Contract Maximum, which is not accounted for operationally (in the CLINs) at time of award and is not included in the contract value.
B.7 FUNDING
Funds for the services provided will be obligated at the task order level as the requirement arises, by unilateral modification to the task order by the government
Please review Section L.7.6., Volume IV: Price Proposal, and corresponding, Attachments 6a-6e, for pricing proposal instructions. *
* The estimated total quantities provided are not contractual commitments or guarantees (unless explicitly stated) and are not intended to represent actual expected experience of any given contractor.
The estimated quantities were chosen based on historical data and this is determinative of the price evaluation. There is no intent on the part of the government to obligate funds in the amount of the CLIN totals (ceilings).
(END OF SECTION B)
SECTION C
PERFORMANCE WORK STATEMENT
(See Attachment 1 - Performance Work Statement)
(END OF SECTION C)
(Remainder of page intentionally left blank)
SECTION D
PACKAGING AND MARKING
D.1 PACKING, PACKAGING, MARKING AND STORAGE OF EQUIPMENT
Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.
All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the contractor’s expense. The contractor shall supervise the packing of all acquired equipment furnished by the contractor.
D.2 EQUIPMENT REMOVAL
All contractor-owned equipment, accessories, and devices located on government property shall be dismantled and removed from government premises by the contractor, at the contractor’s expense, within thirty (30) calendar days after contract expiration, or as mutually agreed by the government and the contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the Contracting Officer (CO).
(END OF SECTION D)
SECTION E
INSPECTION AND ACCEPTANCE
E.1 CLAUSES INCORPORATED BY REFERENCE (RFO FAR 52.252-2) (FEB 1998)
This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
Also, the full text can be accessed electronically at this internet address:
https://www.acquisition.gov/far.
Table 1 Clause Number Clause Title Date 52.246-4 Inspection of Services – Fixed-Price Aug 1996
52.246-6 Inspection of Services – Time and Material and Labor Hour
May 2001
(End of clause)
E.2 SCOPE OF INSPECTION
All deliverables will be inspected for content, completeness, accuracy, and conformance to contract requirements by the COR. The scope and nature of inspections will be sufficiently comprehensive, to ensure the completeness, quality and adequacy of all deliverables.
E.3 BASIS OF ACCEPTANCE
The basis for acceptance shall follow the requirements set forth in the PWS, the task order, the contractor's proposal, and other terms and conditions of this contract. Deliverable items rejected under this contract shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.
E.4 INSPECTION REQUIREMENTS & REVIEW OF DELIVERABLES
(a) The government will provide written acceptance, comments and/or change requests, if any, within fifteen (15) business days from receipt by the government of the initial deliverable. For periods exceeding fifteen (15) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).
(b) Upon receipt of the government comments, the contractor shall have fifteen (15) business days to incorporate the government's comments and/or change requests and to resubmit the deliverable in its final form.
https://www.acquisition.gov/far.
(c) If written acceptance, comments and/or change requests are not issued by the government within thirty (30) calendar days of submission, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).
E.5 WRITTEN ACCEPTANCE / REJECTION BY THE GOVERNMENT
The government shall provide written notification of acceptance or rejection of all final deliverables within thirty (30) calendar days. Absent written notification, for periods exceeding thirty (30) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.
E.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
Services will be evaluated in accordance with the metrics outlined in the QASP. (see Attachment 2 -
QASP)
(END OF SECTION E)
SECTION F
DELIVERIES OR PERFORMANCE
F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)
This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address: https://www.acquisition.gov/far/
Table 2
RFO FAR CLAUSE NO. TITLE AND DATE
52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991)
F.2 PERIOD OF PERFORMANCE
The period of performance of this IDIQ comprises of a 60-month ordering period for a period of five (5) years. The period of performance of any task order issued under the contract shall not exceed 12 months.
The last task order for each AOR will be able to extend 12 months beyond the period of performance (POP) of the IDIQ if it is in place before the end of the IDIQ POP.
The FAR clause at 52.217-8 (Option to Extend Services) will be evaluated and included in the resulting contract and task orders, allowing the government the option to extend for an additional 6 months at the rates established in the contract. TOs may be issued at any time during the base or option periods.
Table 3 Period of Performance Dates IDIQ Ordering Period 60 months
*Any required transition period will be accounted for within the associated task order.
F.3 TASK ORDER PERIOD OF PERFORMANCE AND PRICING
TOs may be issued at any time during the period of performance. The period of performance of any task order issued under the contract shall not exceed 12 months. TOs shall be priced using the rates provided in B.5 CONTRACT LINE ITEM NUMBER (CLIN) FRAMEWORK TABLE, that will be applicable to the task order’s anticipated period of performance.
F.4 PLACE OF PERFORMANCE
The place of performance shall be primarily, but not limited to, providing transportation services to Maryland, Pennsylvania, Ohio, Delaware, Massachusetts, Connecticut, Rhode Island, Maine, New https://www.acquisition.gov/far/
Hampshire, Vermont, New York, New Jersey, Virginia, West Virginia and, in some cases, as far as North Carolina, South Carolina, Georgia, and potentially beyond.
F.5 NOTICE OF DELAYS
In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule, or as soon as the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the CO and the COR in writing. This notification shall give pertinent details and this data shall be informational only in character; this provision shall not be construed as a waiver by the government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.
F.6 CONTRACTOR EVALUATING PROCEDURES:
The government will issue contractor performance ratings via the Contractor Performance Assessment Reporting System (CPARS) in accordance with RFO FAR 42.1102. The CPARS website is located:
https://www.cpars.gov/.
F.7 DELIVERABLES
(a) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. Eastern Time Monday through Friday, unless stated. If the deliverable due date falls on a weekend or holiday then the due date shifts to COB the following business day.
(b) All deliverables submitted in electronic format shall be free of any known computer virus or defects.
If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.
(c) Each deliverable shall be accompanied by a cover letter from the contractor on Company letterhead.
Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.
(d) In the event the contractor anticipates difficulty in complying with any delivery schedule, the contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the contractor expects to make delivery; provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.
(e) If a contractor is non-compliant in submission of deliverables, the government will document the non-compliance in any requested contractor’s past performance report and may draft a contractor Deficiency Report.
(f) Table 4 lists deliverables due as specified in the Deliverable Table. The format and content of all deliverables are subject to government approval.
https://www.cpars.gov/
Table 4 Contract Deliverable Requirements List (CDRL)
# Deliverable Description PWS/Solicitation Reference
Due Date and Frequency of Updates
1. Transition-In Plan RFP Section L.7 and PWS
Draft plan due with proposal submission; Final plan due after award, within 5 business days of contract start date. Transition tasks updated weekly until transition completed.
2. Transportation Operations Plan
RFP Section L.7 and PWS Section 1.4
With proposal submission;
Updated as Needed
3. Staffing Plan RFP Section L.7 and PWS Section 2.1
Draft plan due with Proposal Submission; Final plan due one week after award; and updated as needed
5. Daily Transportation Schedule PWS – Section 1.7 As requested by the COR
6. Summons Log PWS – Section 1.7 As requested by the COR
7. Schedule/Dispatch/Tracking and Reporting System PWS- Section 1.7
Conceptual description with proposal submission in
Transportation Operation Plan;
finalized working system due after award. Updated as needed
8.
Contractor Employee Registrations, Commissions, Permits and Licenses
PWS – Section 3.10 Prior to Entry on Duty and then as requested by COR
9. Departure Scheduling and Security Notification PWS - Section 111
Due to COR, or designee (AFOD, SDDO) prior to the commencement of each trip and updated as needed
11.
Record of Persons and Property Transferred (Form I- 216)
PWS - Section 1.12 As Requested by the COR
12. Vehicle Surveillance Recordings PWS- Section 1.14 As Requested by the COR
13. Vehicle Insurance PWS Section 1.7 & 1.21 and RFP L.7.
Proof of insurance is due with proposal submission.
14. Plans, Policy and Procedures Manual PWS Section 2.1.1
Plan and Policy: with Proposal Submission;
Final Policies and Procedures Manual due 5 days after award
15. Resumes/Contingency Letters of Key Personnel PWS – Section 2.1.3
With Proposal Submission and after that, anytime a change is anticipated
17. Suitability and e-Qip Security Process
RFP Section H and PWS – Section 7
With proposal Submission;
Updated as needed.
18. COR Monthly Report PWS -Section 2.3.1
Beginning 30 Days after contract award, submit monthly report concurrently with each invoice
19. TMO Monthly Report PWS – Section 2.3.2 Within 5 business days post invoice for transportation services
20. Transition Out Plan PWS – Section 2.4 Within 30 Calendar Days from COR Request
21. Employee Standard of Conduct PWS – Section 3.1 Within 30 days of contract award
22. Permits and Licenses PWS – Section 3.10 Within 30 days of contract award and as requested by the
COR
23. Training Documentation PWS – Section 4 As requested by the COR
24. Prison Rape Elimination Act PWS – Section 4.6
Proof of Training must be provided to the COR prior to the
Contract Employees being granted access to detainee population
25. List of Firearms by serial number PWS – Section 4.10 Within 30 days of contract award and as requested by COR
26. Firearm Training PWS – Section 4.10
Within 30 days of contract award and within 15 days prior to entry on duty for new hires. And as state law or minimum annual requirement.
27. Standard Operating Procedures PWS – Section 5.1 Within 30 days of contract award and updated as needed
28. Escape Procedures and Process PWS – Section 5.3 Within 30 days of contract award and updated as needed
29. Sexual Abuse Prevention and Reporting PWS – Section 6.2
Immediate Notification of any knowledge, suspicion, or information regarding sexual abuse, assault or discovery of any employees who engaged in past sexual abuse
30. Injury, Illness and Reports PWS – Section 6.3
Monthly Injury Report and Immediate Notification for incidents for physical harm to or threaten the safety, health or welfare of any person
31. Communications Plan PWS – Section 7.1 and RFP Section Section L.7
With proposal submission and updated as needed.
32. Contract Deliverable Requirements List (CDRL) PWS – Section 3.7 With proposal submission and updated as needed.
(END OF SECTION F)
SECTION G
CONTRACT ADMINISTRATION DATA
G.1 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES
The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the government on matters regarding contract administration as well as other administrative information. The government reserves the right to unilaterally change any of these individual assignments at any time.
G.1.1 Government Personnel
Contracting Officer’s Representative (COR)
The COR within each AOR, is responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for each individual AOR. The COR supports the CO in the general management of the acquisition.
The COR for this contract will be identified at the task order level by the CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.
The COR will represent the CO in the administration of technical details within the scope of the task order. The COR is also responsible for the final inspection and acceptance of all task order deliverables and reports. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the government. The COR does not have authority to alter the contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the CO.
Contracting Officer (CO)
The ICE Office of Acquisition Management has overall responsibility for administration of the armed guard transportation contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.
The CO for this contract is:
Name: Natalie S. Carr Email: Natalie.Carr@ice.dhs.gov
Contract Specialist (CS)
The CS for this contract is:
Name: Ronald Robinson mailto:Natalie.Carr@ice.dhs.gov
Email: Ronald.Robinson@ice.dhs.gov
G.1.2 Minimum Contractor Key Personnel
Contractor’s Project Manager (PM)
The PM shall be responsible for comprehensive account support for the BAL, BOS, NEW, NYC, and WAS Transportation contract, and act as the central point of contact with the government for all contract issues. The PM will represent the contractor at all post-award meetings.
A chronological digital summons log will be maintained by the PM indicating disposition of the transportation and stationary services. The chronological summons log will be made available to the government upon request.
Transportation Coordinator (TC)
The TC is responsible for transportation management operations and ensuring all contractor personnel perform their duties in accordance with NDS 2025. The TC will also ensure the safety and accountability of all detainees and is responsible for all documentation that can be made available to the government at the government’s request. The TC will be responsible for the contractor vehicles assigned to this contract.
Fleet Manager/Training Coordinator
The Fleet Manager/Training Coordinator is responsible for coordinating all fleet and services repairs and will also be required training during new hire and annual training. The Fleet Manager/Training Coordinator will also be responsible to track and coordinate all training requirements to include Firearms, First Aid, CPR and AED courses.
G.2 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.
G.3 INVOICING INSTRUCTIONS
Invoicing instructions will be provided at the task order level.
(END OF SECTION G)
mailto:Musa.Kamara@ice.dhs.gov
SECTION H
SPECIAL CONTRACTING REQUIREMENTS
H.1 TRAINING
The government will not allow costs, nor reimburse costs associated with the contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this clause.
H.2 GENERAL PURPOSE OFFICE EQUIPMENT (GPOE) AND INFORMATION
TECHNOLOGY (IT)
The cost of acquisition of General-Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The Contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.
H.3 PERFORMANCE-BASED SERVICES CONTRACTING (PBSC)
Through the direction of the Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP), performance-based contracting techniques will be applied to TOs issued under this contract to the “maximum extent practicable.”
PBSC TOs must include at a minimum:
(a) Performance requirements that define the work in measurable, mission-related terms;
(b) Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements; and
(c) A government Quality Assurance Surveillance Plan (QASP) or other suitable plan that describes how the Contractor’s performance will be measured against the performance standards or service level agreements (SLAs).
H.4 DISCLOSURE OF INFORMATION – OFFICIAL USE ONLY
Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed, shall be notified in writing by the Contractor that “Official Use Only” information disclosed to that individual can be used only for a purpose, and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.
H.5 STANDARD OF CONDUCT AT GOVERNMENT INSTALLATIONS
The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity in accordance with the ICE Employee Code of Ethics; and shall be responsible for taking such disciplinary action with respect to its employees, as necessary.
H.6 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE
(a) The government hereby provides notification that government personnel observe the listed days as holidays:
(1) New Year's Day
(2) Martin Luther King's Birthday
(3) President’s Day
(4) Memorial Day
(5) Juneteenth Day
(6) Independence Day
(7) Labor Day
(8) Columbus Day
(9) Veterans' Day
(10) Thanksgiving Day
(11) Christmas Day
(b) In addition to the days designated as holidays, the government observes the following days:
(1) Any other day designated by Federal Statute
(2) Any other day designated by Executive Order
(3) Any other day designated by the President’s Proclamation
(c) It is understood and agreed between the government and the contractor that observance of such days by government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the contractor’s personnel work during the holiday, they may be reimbursed by the contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.
(d) When the federal and governmental entities grant excused absence to its employees, the contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled.
H.7 PERSONNEL SECURITY VETTING REQUIREMENTS
GENERAL
The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract that will results from RFP 70CDCR26R00000018 requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.
PRELIMINARY DETERMINATION
ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for contractor 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 in accordance with 5 CFR 731, and DHS Instruction 121-01-007, Revision 2, dated August 10, 2024, 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)).
CONTRACTOR EMPLOYEE FITNESS SCREENING
Screening criteria under 5 CFR 731, and DHS Instruction 121-01-007, Revision 2, dated August 10, 2024, that may exclude contractor employees from consideration to perform under this agreement includes:
• Misconduct or negligence in employment;
• Criminal conduct;
• Material, intentional false statement or deception of fraud in examination or appointment;
• Dishonest conduct;
• Excessive alcohol use, without evidence of 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);
• Violent conduct; 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.
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, undocumented noncitizens shall not be employed by the contractor.
POSITION DESIGNATION
In accordance with 5 CFR part 731, 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.
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), in the 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” or successor thereto form completed online and archived by the contractor applicant/employee in their eAPP account.
2. Signature Release Forms (Three total) generated by eAPP upon completion of Questionnaire (e-signature recommended/acceptable). Completed online and archived by the contractor applicant/employee in their 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, which requires a hard signature from the applicant. 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.
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, which is a government-wide reform effort overhauling the personnel vetting process. One of the principles of this transition is eliminating the traditional five-year periodic reinvestigation requirements, and enrolling personnel into continuous vetting programs. All contractor employees will be subjected to the transition and will be enrolled into a continuous vetting system at a date to be determined. Continuous vetting will replace the traditional five-year periodic background investigation, allowing for background investigations to be conducted if/when derogatory information is discovered.
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 AND REPORTING REQUIREMENTS
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 ICE.
The contractor is required to report any derogatory information concerning the individual immediately, in accordance with the contract requirements.
The contractor will report any adverse information coming to their attention concerning contractor employees under the contract to OPR PSD, 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 should include the contractor employees’ full name and social security number, along with the adverse information being reported. See Contractor Employee Fitness Screening section, screening criteria for reportable issues. Report this information to PSD-CEP-REPORTING@ice.dhs.gov.
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 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 mailto:ICEDepartureNotification@ice.dhs.gov mailto:PSD-CEP-REPORTING@ice.dhs.gov mailto:PSD-Industrial-Security@ice.dhs.gov 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.
DHS Management Directive 11042.1, DHS Policy for Sensitive Information:
https://www.dhs.gov/sites/default/files/publications/Management%20Directive%2011042.1%20Safeguar ding%20Sensitive%20But%20Unclassified%20%28For%20Official%20Use%20Only%2 9%20Information_0.pdf;
ICE Policy 4003, Safeguarding Law Enforcement Sensitive Information:
https://www.ice.gov/node/64612
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.
Contractor employees who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, regardless of if 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.
https://www.dhs.gov/sites/default/files/publications/Management%20Directive%2011042.1%20Safeguarding%20Sensitive%20But%20Unclassified%20%28For%20Official%20Use%20Only%29%20Information_0.pdf https://www.dhs.gov/sites/default/files/publications/Management%20Directive%2011042.1%20Safeguarding%20Sensitive%20But%20Unclassified%20%28For%20Official%20Use%20Only%29%20Information_0.pdf https://www.dhs.gov/sites/default/files/publications/Management%20Directive%2011042.1%20Safeguarding%20Sensitive%20But%20Unclassified%20%28For%20Official%20Use%20Only%29%20Information_0.pdf https://www.dhs.gov/sites/default/files/publications/Management%20Directive%2011042.1%20Safeguarding%20Sensitive%20But%20Unclassified%20%28For%20Official%20Use%20Only%29%20Information_0.pdf https://www.ice.gov/node/64612 mailto:ICE.ADSEC@ice.dhs.gov
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).
H.8 ICE INFORMATION GOVERNANCE AND PRIVACY REQUIREMENTS (JUL 2017)
PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL
In addition to FAR 52.224-1 Privacy Act Notification (APR 1984), 52.224-2 Privacy Act (APR 1984), 52.224-3 Privacy Training – Alternate I (DEVIATION), and HSAR Clauses, the following instructions must be included in their entirety in all contracts.
Limiting Access to Privacy Act and Other Sensitive Information In accordance with FAR 52.224-1 Privacy Act Notification (APR…
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