C1a._PWS_for_Security_Guards_II_LRO_Attachment_1_(Revised_10_19_2018-Amendment).pdf

Revision date: 10/18/2018 2:09 PM

Performance Work Statement (PWS) Federal Emergency Management Agency (FEMA) Level II Armed Security Guard Services Contracts FEMA Region VI Louisiana Recovery Office (LRO)

1.0. GENERAL

The Federal Emergency Management Agency (FEMA) Region VI Louisiana Recovery Office (LRO) has a requirement for a non-personal services contract to provide DOL Level II Armed Security Guard services for sites identified in Section 1.7.1, Places of Performance. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 BACKGROUND

The Government has a requirement to provide contracted armed security guard service to the Federal Emergency Management Agency (FEMA). These services are to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations. The service are to provide properly identified State of Louisiana Certified Armed Security Guard services in teams or protective service individuals as defined in this Performance Work Statement (PWS). The fixed requirement services are performed by fully trained armed security guards daily during disaster emergency at odd hours, and extended periods of time. The Contractor shall support FEMA by performing the coordination, planning, and execution of armed security operations in Louisiana.

Contract Security Guards (CSG) have a crucial and highly visible role in the FEMA mission. They are usually the first line of defense, it is critical that the Contractor ensure the employees realize the importance of their role, duties, and perform at a courteous and professional level at all times.

1.2 SCOPE

This requirement is for Contracted Armed Security Guards to provide security services at disaster related sites and facilities within Louisiana for declared disaster areas. Contractor shall use Department of Labor (DOL) category 27102 Guard II (SEE DOL definition in paragraph 2.1.)

security personnel to perform services under this contract. All category Guard II security personnel shall meet all local and state qualification requirements to fulfill the responsibilities of the position.

Contractor shall be responsible for a full range of security guard duties, management duties, including but not limited to planning, scheduling, report preparation, establishing and maintaining records, and quality control. Contractor shall provide an adequate qualified staff of armed security guard personnel to perform all services outlined in the PWS.

Contractor shall have a management staff with the necessary management expertise to assure the performance of the work required under this PWS is performed with sound and efficient management practices. Contractor shall provide all vehicles necessary for the performance of services, to include the associated emergency light equipment, supplies, transportation, tools, materials, supervision and other items and non-personal services necessary to perform the security guard services as defined in this PWS.

1.3 OBJECTIVE

Federal Emergency Management Agency (FEMA) uses contracted armed security guard services to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations. All category Guard II security personnel shall meet all local and state qualification requirements necessary to fulfill the responsibilities of the position.

Contractor is entirely responsible for timely obtaining and adhering to the individual state and city/municipality licensing and permits requirements without assistance from the Federal Government. Contractor shall perform to the standards required in this PWS and will be expected to work closely with FEMA contracting and security representatives throughout the duration of services.

The Contractor shall provide fully trained armed Security Guard personnel with current FEMA clearances. Guard personnel shall meet the requirements of FEMA providing the highest quality level of physical security for identified areas according to the PWS. Contractor’s guard force personnel shall work closely as a team with local law enforcement identified by FEMA. Contractor shall have a strong management leadership team that shall effectively and efficiently manage their work force to ensure all the requirements are met and followed according to this PWS. Contractor shall accomplish this by ensuring guard force personnel remains alert and vigilant at all times while on duty to prevent unauthorized access by any persons into their area of patrol or block area, to prevent any damages, pilferage, or removal of government property/assets. They shall prevent theft, criminal acts, espionage, sabotage, terrorism or improper and/or unlawful threats in the areas they shall be required to patrol or guard. They shall provide emergency assistance when required, based on the emergency and contingency plan submitted to FEMA. This plan shall be submitted to the COR/ACOR for FEMA review and approval 10 days after award of contract. Contractor shall be able to implement the procedures outlined in the plan on any type of emergency situation.

Contractor shall hold and detain all suspicious persons or those who gain or attempt to gain unauthorized access to any areas or buildings patrolled or guarded by the contractor security guard force. They shall safeguard and protect all Government classified, proprietary and sensitive information, documents, material and equipment. Contractor shall ensure that all security violations are immediately reported to the COR/ACOR, and that the violations are properly documented in the daily journal, which submitted to the COR/ACOR designee by 0800 the following day.

1.4. STANDARDS OF CONDUCT: The Contractor shall maintain standards of employee competency, conduct, appearance, and integrity in accordance with this regulations in the PWS.

Each Contractor employee is expected to adhere to standards of conduct that reflect credit upon themselves, their employer, and FEMA. Contractor employees performing security guard duties shall meet the Fitness Requirements defined in Section 3.4. The Government has the right to bar a contractor employee from or restrict access to the workplace. This right is in addition to any other Government right or remedy under the contract and does not relieve the contractor from its obligation to perform the requirements stipulated in the PWS.

1.4.1. Conduct

1.4.1.1. Contract Security Guards are expected to conduct themselves in an acceptable manner at all times. While on post, Contract Security Guards shall refrain from:

Engaging in any disallowed activities while standing post Non-official fraternization with building occupants or visitors Violating 41 C.F.R. part 102-74 subpart C or other Federal, state, or local law Eating or using any tobacco product Reading newspapers, books, magazines, etc.

Using, watching, or listening to non-official audio or video devices Sleeping, dozing, or napping Playing cards or other games The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, hygiene, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to include removal of a Contract Security Guards from a contract at its own discretion or at the direction of the CO.

1.4.1.2. DHS and FEMA reserve the right and prerogative to deny and/or restrict the facility and information access, or to direct the removal from the Contract, of any Contractor employee who:

DHS determines to present a risk of compromising sensitive Government Information to which he or she would have access to under this contract

Solicits or receives gifts based upon their contract position Engages in personal use of government property Uses government property or non-public information for private gain Engages in political or private fundraising while on duty Promotes or endorses political candidate or agenda while on duty Engages in any generally inappropriate behavior while on duty

1.4.1.3. The Government shall not be responsible for any additional costs borne by the Contractor in connection with removed personnel.

1.4.1.4. The COR/ACOR may recommend to the CO that the CO direct the Contractor to remove any employee from any or all locations where the Contractor has contracts with the FEMA if the employee is not maintaining satisfactory performance in accordance with the contract. The CO may direct the removal of employee for a disqualification for employment suitability, performance suitability, or security reasons, or found unfit for performing security duties during his/her tour of duty. The CO may direct the removal of contract employees from the contract for misuse, willful damage, or willful destruction of Government property. The contract employee may face further penalties as deemed necessary by the Government. In the event of a dispute by the Contractor of the directed removal, the CO will make the final determination. The CO will provide specific reasons for removal of an employee to the Contractor in writing.

1.5. APPLICABLE DOCUMENTS

1.5.1. Compliance Policies

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

Federal Management Regulations (41 C.F.R. PART 102-74) American with Disabilities Act (ADA) of 1990 (Pub L. 101-336) FEMA Directive 121-1, FEMA Personal Identity Verification Guidelines FEMA Directive 121-3, Facility Access FEMA Manual 121-3-1, FEMA Credentialing Access Manual Homeland Security Presidential Directive – 12 DHS Management Directive 11042.1 DHS Instruction Handbook 121-01-007 The Department of Homeland Security Personnel

Suitability and Security Program Office of Personnel Management (OPM) Tier 2 Investigation

1.6. PERFORMANCE PERIOD: The performance period shall be for ninety (90) days from the date of award with seven (7) ninety (90) day option periods and (1) 30 day option.

Base Period: 1 December 2018 – 28 February 2019 1st Option 90 Days: 1 March 2019 – 30 May 2019 2nd Option 90 Days: 31 May 2019 - 29 August 2019 3rd Option 90 Days: 30 August 2019 – 28 November 2019 4th Option 90 Days: 29 November 2019 – 27 February 2020 5th Option 90 Days: 28 February 2020 - 28 May 2020 6th Option 90 Days: 29 May 2020 – 27 August 27, 2020 7th Option 90 Days: 28 August 2020 – 25 November 2020 30 Day Option: 26 November 2020 – 26 December 2020

1.7. SITE LOCATIONS

The location for this contract is the state of Louisiana, with specific site locations identified in Section 1.7.1 Place(s) of Performance. Locations will be specified at the task orders level or verbally until followed up with a written task order. All areas, buildings and gates in the contractor’s area of responsibility shall be checked on a daily bases by the contractor.

1.7.1. Place of Performance:

The place(s) of performance for which Contract Armed Security Guards will be required include:

Baton Rouge- LRO 1500 Main Street Baton Rouge, La 70802 Sherwood Forest Staging 2695 N. Sherwood Forest Drive Baton Rouge, LA 70814 Victoria Housing Site 3070 Victoria Drive Baton Rouge, LA 70805

Other sites or facilities may be identified by the FEMA Security Manager, as coordinated through the FEMA COR and FEMA CO.

1.8. QUALITY CONTROL/QUALITY ASSURANCE PLAN: Actions taken by the contractor to control the services in order to meet the requirements of the PWS. The Contractor shall develop and maintain an effective Quality Control Plan/Program (QCP) to ensure contract operations are in compliance with PWS. The Contractor shall develop and implement procedures to identify and prevent potential problems, or safety concerns and to improve the guard’s performance by updating and incorporating new ideas or methods into the Standard Operating Procedures or policies in place for a better efficient work force. The QCP shall detail how the contractor shall assure the services in the PWS are being performed, when the QA shall be done, where the QA shall be done, and who shall be doing the QA for the services being performed and provide the roles and responsibilities of the persons that shall be performing the Quality Assurance checks, the frequencies of the QA checks and corrective action to be taken on deficiencies found.

1.8.1. Risk Assessment: The QCP shall include risk assessment for each of the Contractor’s service function, roving patrols, roadblocks, posted guards, access control, etc., to include any safety topics such as range procedures/operations, driving under normal, during hours of darkness, during inclement weather and risk assessment on personal protective equipment (PPE) the Contractor is required to use under this contract.

1.8.2. Quality Control, Supervision: The QC plan shall include the Contractor’s method of supervision ensuring that all posts are properly staffed, that employees are properly uniformed and present a professional appearance. Supervisors shall ensure that all guards are familiar with their patrol duties, are familiar with the up range terrain, roads and driving conditions range wide. The QC plan shall describe as to when, how and how often the supervisor shall conduct quality control inspections of their guards on each shift. The Contractor shall submit their daily quality control surveillance checks at the end of the month with their invoice submission.

1.8.3. QC Plan Submission: The QC plan shall be submitted in draft form with the proposal with each risk assessment clearly defined and each risk assessment properly titled and separated by topic or assessment. QC Plan shall be finalized and approved by the Government within 30 days after contract award. If changes need to be made during the period of performance, the Contractor shall submit a revised QC plan within 5 days after changes have been made and approved by COR/ACOR and CO. The Contractor shall not provide a cut and paste document from the PWS or Regulations, Contractor shall submit a comprehensive document written by the Contractor clearly defining the QC plan with a purpose, scope and responsibilities, and the Contractor’s employees’ duties, safety and risk assessments.

1.8.4. Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards shall be applied, the frequency of surveillance and the minimum acceptable defect rate(s). The Government can and may be present at any training, qualification, certifications if chooses to attend. The Contractor shall provide the Government an accurate monthly schedule clearly identifying any training, qualification or certifications for that month, 30 days before the actual training, qualification or certification is to take place. The COR/ACOR may request and the Contractor shall provide any Urine Analysis (UA) lab testing results to confirm UA results.

1.9. FEDERAL GOVERNMENT HOLIDAYS: Contractor is required to perform services 24 hours per day, 365 days a year (366 on leap years) to include holidays for all services required in the PWS. The following is a list of Recognized Federal Holidays:

January New Years and Martin Luther King Holiday February President’s Day May Memorial Day July Independence Day September Labor Day October Columbus Day November Veterans Day – Thanksgiving December Christmas

1.10. HOURS OF OPERATION: Hours of operation will be specified in task orders or verbally until followed up with a written task order. Limitation on Labor-hours to be provided by individual employees of the Contractor:

NOTE: See paragraph 5.13. Limitation on Labor-hours.

1.10.1. Contractor’s Work Schedule: The Contractor shall provide the COR/ACOR a schedule at least 7 days out with the hours of operation for the guards at each shift and the supervisor in charge. When changes in the work schedule are made, the Contractor shall provide an updated copy to the COR/ACOR. If personnel shall be replaced, Contractor shall notify the COR/ACOR as soon as possible.

2.0. DEFINITION AND ABBREVIATIONS FOR FEMA:

2.1. Definitions

Alternate Contracting Officer Representative (ACOR): See COR definition

Accountable Property Officer (APO): The APO is an authorized representative of the contracting officer appointed in writing in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. The primary objective of the property administration function is to attain efficient, economic, and uniform management of all Government property required for the performance of contracts. The APO function is mainly to administer the terms of contract provisions that specify the Contractor's obligations to acquire, control, use, care for, report, and dispose of Government property, and to advise contracting activities and other DoD officials of the known level of efficiency of the Contractor's management of Government property.

Captain of Guards (COG): The Lead on-site manager for the contract guard force.

The Captain of Guards (COG) manages the operational security force programs to provide a daily deterrent against unauthorized, illegal or potentially life threatening activities towards government employees, visitors, information programs, facilities, and property.

A minimum of three years of security administration experience from either military security, police or civilian security operations

Experience of supervising a comparable civilian police force, military police force, or civilian security guard force.

Physically fit, in accordance to perform the position’s requirements.

Must be familiar with all regulations, policies, procedures and directives related to the contract and have the management and communication skills to effectively oversee the requirements of the contract within 6 months of contract award.

The COG shall be available twenty-four hours a day, seven days a week.

Contract Security Guards (CSG): Contractor guard personnel hired to performed security guard function under contract

Contracting Officer (CO): The only person with authority to enter into, administer and or terminate contracts and make related determinations and findings on behalf of the Government.

NOTE: Only the CO can legally bind the Government.

Contracting Officer’s Representative (COR/ACOR): The individual designated in writing by the CO to act as an authorized representative within the scope and limitations authorized by the CO. NOTE: The COR/ACOR does not have authority to change the terms and conditions of the contract.

Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor Man-Year Equivalent (CME): One CME is equal to 2080 hours per year of a person standing on duty at a specific guard position on an installation. It does not include annual or sick leave, guard mount time, or time on breaks or lunch. The Contractor must hire additional people to cover guard posts for these non-available hours.

Defective Service: A service output that does not meet the standard of performance associated with the PWS.

Deliverables: Anything that can be physically delivered either, a service or any documents, paperwork, training, etc. as outlined in the PWS. The intentions of deliverables under this contract are the security guard services and any reports associated with requirements under the PWS.

Entry on Duty: EOD determination is a risk management decision that allows the contract employee/applicant to commence work before the required background investigation is completed.

The investigation should be initiated before appointment, but no later than 14 calendar days after placement in the position.

Guard II (27102): Enforces regulations designed to prevent breaches of security. Exercises judgment and use discretion in dealing with whether first response should be to intervene directly (asking for assistance when deemed necessary and time allows), to keep situation under surveillance, or to report situation so that it can be handled by appropriate authority. Duties require specialized training in methods and techniques of protecting security areas. Commonly, the guard is required to demonstrate continuing physical fitness and proficiency with firearms or other special weapons. The definition can be obtained at https://www.dol.gov/whd/regs/compliance/wage/p27102.htm

Key Personnel: The following personnel listed below are considered to be critical to the successful performance of this contract: Captain of the Guards (COG), Supervisors, and Trainer.

Prior to replacing these key personnel, the Contractor shall obtain the written consent of the CO.

In order to obtain such consent, the Contractor shall provide advance notice of the proposed changes and shall demonstrate that the qualifications of the proposed substitute personnel are equivalent to or better than the qualifications of the personnel being replaced.

Prior to permanently reassigning any of the specified individuals to other contracts, the Contractor shall provide the CO not less than thirty (30) days advance notice and shall submit justification (including proposed substitutions) insufficient detail to permit evaluation of the impact on the program. No reassignment shall be made by the Contractor without written consent of the CO. The “Key Personnel” list may be amended from time to time during the course of this contract to either add or delete personnel as appropriate.

Procedural Guard Manual: A comprehensive narrative description of the Contractor's management, drug testing, training, and operations written by the Contractor incorporating FEMA SOPs, regulations and directives. The Manual shall be provided to the COR in a hard copy format with a cover page listing all topics covered and each subject/topic covered clearly separated by tabs. This manual shall contain the basic guidance issued by the Contractor to their employees concerning matters of discipline, guards duties and responsibilities, contractor’s quality control for ensuring work is being performed, management practices, and overall supervisory authority on this contract. The procedural guard manual shall be approved by FEMA COR/ACOR prior to start of the contract.

Training Manual: The Contractor shall provide a training manual to include lesson plans, testing certification guidelines, maintenance of training records and a listing of all new hire training, sustainment training to include a breakdown as to how and when sustainment training shall be conducted. The training manual shall be approved by the FEMA COR 30 days prior to start of contract.

Quality Assurance (QA) Plan: Contractor shall provide a QA plan outlining how, when and who shall be performing these QA checks to ensure that the services provided are IAW PWS. A QA plan shall be submitted with the proposal. The plan shall be finalized and approved by the Government 30 days after award of contract.

For Official Use Only (FOUO) Information:

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities. The contractor will:

Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

Participate in formal classroom or computer based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information such as:

Sensitive Security Information (SSI). SSI is a category of sensitive but unclassified information under the United States government's information sharing and control rules. SSI is governed by Title 49 of the Code of Federal Regulations (CFR), parts 15 and 1520. SSI is information that, if publicly released, would be detrimental to transportation security, as defined by Federal regulation 49 C.F.R. part 1520.

Understand that divulging information without proper authority could result in administrative or disciplinary action.

Operations Security (OPSEC):

Contractors and Subcontractors who are working on this contract shall receive an OPSEC Awareness Brief. Access to the briefing can be obtained at http://cdsetrain.dtic.mil/opsec Send the certificate of completion to the FEMA COR no later than 30 calendar days after EOD.

The Government will use multiple means of inspection. FEMA will use its own announced and unannounced inspection and monitoring procedures in support of this Contract. Such procedures may occur at any time during the day or night, on any day of the year, and may be supplemented by FEMA’s customer surveys and other agency reviews of the Contractor’s performance.

The Contractor will be provided the name, address and telephone number of the COR and/or ACOR if applicable.

Shift Supervisors: Shift Supervisors supervise the operational security force programs to provide a daily deterrent against unauthorized, illegal or potentially life threatening activities towards government employees, visitors, information programs, facilities, and property. Shift Supervisors must have a minimum of two years law enforcement/security experience, with leadership experience or demonstrated leadership capability.

2.2. Abbreviations:

Alternate Contracting Officer’s Representative (ACOR) Contracting Officer (CO) Captain of Guards (COG) Contract Security Guards (CSG) Contracting Officer’s Representative (COR) Contract Line Item Numbers (CLIN)

Continental United States (CONUS) Contracting Specialist (CS) Department of Homeland Security (DHS) Entry on Duty (EOD) Federal Emergency Management Agency (FEMA) Field Operations Division (FOD) Law Enforcement Officer (LEO) Performance Work Statement (PWS) Outside Continental United States (OCONUS) Office of the Chief Security Officer (OCSO) Office of Personnel Management (OPM) Personnel Security Division (PSD) Personnel Security Officer (PSO)

3.0. CONTRACTOR PERSONNEL

The Contractor shall provide qualified personnel to perform all requirements specified in this

PWS.

3.1. Minimum Qualifications

3.1.1. All CSGs and Contract Security Supervisors performing under the resulting contract/orders must meet the following minimum qualifications:

U.S. Citizenship Proficiency in English (written and spoken) 2 years current or prior security experience Active Federal, State, Tribal and Local Firearms permit(s) Have all State/Tribal/local licenses, permits, registrations, or certifications as required to perform the duties and responsibilities of the position Must be at least 21 years of age

3.1.1.1. If the Contractor employs state or local law enforcement officers (LEOs), will wear the uniform of the Contractor.

3.1.2. Records of firearms qualifications.

Contractor shall maintain records of their employees’ successful completion of local and state firearms or other training requirements and possession of a current weapons permit, and upon request produce them for immediate inspection at the work location/job site.

3.1.3. Use of Force Policy. Contractor shall provide a copy of their company Use of Force Policy.

3.1.4. Work experience requirement.

Each CSG shall have at least two years of security / police experience, or two years of military experience on active duty or in the National Guard or reserve military forces.

3.2. Essential Job Functions

3.2.1. The Contractor shall ensure that all uniformed employees assigned to work under the Contract are in good general health without physical and/or psychological impairments that would interfere with the safe and efficient performance of their duties.

3.2.2. Contractor is responsible for ensuring that all uniformed employees, both current and prospective, are able to perform the essential functions described below, with or without reasonable accommodation. If one of the Contractor’s employees alleges that he/she has a disability and requires a reasonable accommodation to perform the essential functions of the job, it is the Contractor’s sole responsibility to discuss reasonable accommodation, if any, to provide, at the Contractor’s own expense.

3.2.3. Contractor, not FEMA, is responsible for complying with the provisions of the American with Disabilities Act (ADA) of 1990 (Pub L. 101-336) and/or the Rehabilitation Act, as applicable, with respect to its employees.

3.2.4. All CSGs must be able to withstand the physical demands of the job and must be capable of responding to emergency situations without special accommodations by the Government.

3.2.5. The following are the essential job functions for uniformed employees working under the Contract:

Physically detaining and escorting an individual with assistance;

Work greater than 10-hour days and have the ability to work additional hours due to unexpected activity;

Work under occasional tension or pressure;

Work alone while armed;

Frequent and prolonged walking, standing, sitting, and stooping;

Use of handgun, make shoot/no-shoot decision with handgun, fire handgun;

Occasional running or sprinting;

Respond to life threatening or emergency situation;

Climb in an emergency situation (stairs);

Pull oneself over an obstacle;

Lift/carry/drag/pull/push heavy objects;

Physically control crowds or by-standers;

Any other related duties as determined by FEMA.

3.3. Suitability

All Contract Security Guards and Contract Security Supervisors shall receive a favorable suitability adjudication from FEMA prior to beginning work under the contract.

3.4. Fitness Requirements

3.4.1. All contractor personnel who require access to DHS or FEMA information systems, access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed.

3.4.2. The nature of the work performed by contract security guards, whether armed or unarmed, rises to the level of Public Trust High Risk (See DHS Instruction Handbook 121-01-007).

3.4.3. Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Tier 2S (T2) background investigation (SEE Federal Investigations Notice No. 15-03, attachment #2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

3.5. Background Investigation Process

3.5.1. Contractor shall be able to provide DOL Level II armed guard services within 24 hours of the effective date of this contract with FEMA vetted guards who have proper fitness determinations, and without delay.

Contractor shall be solely responsible for any delay in the performance of this Contract due to any failure by the Contractor’s employees and subcontractors, if applicable, to provide accurate information on the background investigation forms submitted to FEMA for processing. If the background investigation package is incomplete, FEMA Personnel Security will return the incomplete package to the individual for correction. An incomplete background investigation package will not excuse the Contractor from meeting the Contract requirements in a timely manner.

3.5.2. The Government will exercise full and complete control over granting, denying, withholding, or terminating fitness for contract employees at any time. The granting of either a preliminary or final fitness determination shall not prevent, preclude, or bar the withdrawal or termination of any such fitness determination by the Government. If an individual has been arrested at any time after the initial fitness determination was granted, then it is incumbent upon the individual to immediately notify the COG of such an occurrence. If the supervisor or Contractor management becomes aware that an employee or subcontractor has been arrested at any time after the initial suitability was granted, the Contractor must notify the COR in writing within 12 hours of receiving that information.

3.5.3. To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR/ACOR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing.

3.5.3.1. Contractor shall also provide the FEMA COR/ACOR with the following documents for each contractor personnel/applicant. The FEMA COR/ACOR will ensure that all documents received are signed, dated, and witnessed as required prior to final acceptance and submission to FEMA Personnel Security along with the FF 121-3-1-6:

Optional Form 306, Declaration for Federal Employment (OF306) Lautenberg Amendment Statement DHS Form 11000-6, Sensitive but Unclassified Non-Disclosure Agreement DHS Form 11000-9 (10/08) (FEMA edit 2017), Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act.

3.5.3.2. If there is any disqualifying information that renders an individual unfit to perform his or her required duties as determined by the COR/ACOR, then the individual shall be removed from duty.

3.5.4. Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

3.5.4.1. The background investigation meets or exceeds the requirement of the contract position and it was completed within the last five years,

3.5.4.2. The contractor applicant has not had a break in federal employment or federal contract employment since the prior favorable adjudication, and,

3.5.4.3. FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

3.5.5. FEMA PSD will notify the COR/ACOR and the FEMA Security Manager at the specified work site of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR/ACOR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

3.5.6. For those contractor personnel who do not have an acceptable, prior, favorably adjudicated background investigation, or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

• Standard Form 85P, “Questionnaire for Public Trust Positions”

• Standard Form 85P-S, “Supplemental Questionnaire for Selected Positions”

• Optional Form 306, “Declaration for Federal Employment”

• SF 87, “Fingerprint Chart” (2 copies)

• DHS Form 11000-6, “Non-Disclosure Agreement”

• DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act”

• Lautenberg Amendment Statement

3.5.7. FEMA PSD will only accept complete packages consisting of all of the above documents (Standard Forms 85P and 85P-S must be completed electronically through the Office of Personnel Management e-QIP system). The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

3.5.8. Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR/ACOR and the FEMA Security Manager at the specified work site. The COR will then notify the Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon the completion and final adjudication of the full background investigation.

3.5.9. Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination, FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR/ACOR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR/ACOR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

3.5.10. Contractor shall maintain record of the fitness approval paperwork in the individual’s local personnel folder or file.

3.6. Continued Eligibility and Reinvestigation. Eligibility determinations are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

3.7. Exclusion by Contracting Officer. The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract.

Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

3.7.1. Contracting Officer's Representative and Alternate Contracting Officer's Representative

Contracting Officer Representative (COR): The COR shall be identified by separate letter from the CO. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Ensures that the Contractor performs the technical requirements of the contract: performs inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR/ACOR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR/ACOR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR/ACOR is not authorized to change any of the terms and conditions of the resulting contract.

3.7.1.1. The Contracting Officer’s Representative (COR/ACOR) is a Government employee appointed to assist the CO in the discharge of their responsibilities.

3.7.1.1.1. The responsibilities of the COR/ACOR includes, but is not limited to:

• Determining the adequacy of performance by the Contractor employees in accordance with the terms and conditions of this Contract

• Performing surveillance of the Contractor employees while they are on duty

• Acting as the Government's representative in charge of work at the site

• Ensuring compliance with Contract requirements insofar as the Contract Security

Guards duties and behavior are concerned

• Advising the Contractor and CO of non - performance or unsatisfactory performance

• Other duties of the COR/ACOR will be provided by the CO, if applicable.

3.7.2. After award of the Contract, the CO will issue a written COR/ACOR Appointment Letter specifying which Authority the CO is delegating to the COR/ACOR or additional duties that they are authorized to perform. The COR/ACOR cannot make any decisions regarding the performance of the Contract except as outlined in the letter. A copy of each letter shall be sent to the Contractor simultaneously upon issuance to the COR/ACOR.

3.7.3. Post Award Conference /Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, COR, ACOR and other Government personnel, as appropriate, may meet semiannually with the Contractor to review the Contractor’s performance. At these meetings the CO shall apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The COR/ACOR shall maintain written records of these meetings and shall provide copies to the Contractor.

3.7.3.1. The Contractor shall attend a Post Award Conference with the Contracting Officer and the

COR/ACOR no later than five (5) business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's project plan. The Post Award Conference will be held at the Government’s facility.

3.8. Contractor Orientation

3.8.1. Prior to working on this Contract the Contractor shall ensure every Contract Security Guard receives an orientation and has an understanding of Contract Security Guards’ Duties and Responsibilities:

• Familiarization with the latest version of 41 C.F.R. part 102-74 Rules and

• Regulations Governing Conduct on Federal Property

• FEMA points of contact:

• Sign-in procedures

• Jurisdiction and Authority

• Weapons safety requirements

• Other issues that may impact the Contract Security Guards performance supporting

FEMA operations

3.8.2. The Contractor will provide a written certification for each Contract Security Guard and Contract Security Supervisor that has received this company orientation, and maintain such certification in the Contract Security Guards’ file.

3.9. Facility Access

3.9.1. The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain the necessary identity badges for contractor personnel in accordance with Homeland Security Presidential Directive-12.

3.9.2. FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

3.9.3. The Contractor shall notify the FEMA COR/ACOR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) and must return such identification to FEMA COR/ACOR as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

3.9.4. If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR/ACOR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

3.9.5. Contractor or contractor personnel’s failure to return all DHS or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

4.0. CONTRACTOR OBLIGATION TO OBTAIN ALL REQUIRED LICENSES,

PERMITS, AND BONDS

4.1. Prior to the Contract start date, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements with the appropriate officials in the city, county, and parish, state and/or tribal in which the government facilities are located.

4.2. The federal government will not intervene in any state licensing or permit issues on behalf of the Contractor.

4.3. Contractor shall obtain all licenses and permits required for each Contract Security Guard and Contract Security Supervisor. Contract Security Guards must carry their firearm license and /permits (and, where legally required, their concealed weapons permits) on their person while on duty, unless local or state law requires the Contractor to maintain the records. Failure by a Contract Security Guard to carry a valid firearm certificate or permit while on duty shall result in the Contract Security Guard being removed from the post until the certificate or permit is obtained.

4.4. The Contractor shall provide any official bond(s) and insurance required, and pay any fees or costs involved or related to authorization for the arming of any employees engaged in providing services specified under the Contract.

4.5. The Contractor shall maintain current, valid copies of all licenses, permits, and certifications required to perform the services described in this PWS. The CO, COR/ACOR, and all other authorized Government personnel shall have the express authority to examine these documents upon request at any time during the duration of this Contract. The Contractor shall complete and certify via email a spreadsheet showing employee compliance in accordance with contract policy.

The spreadsheet shall reflect names and issue dates for each employee having each and all legally required licenses, permits, training and certifications as identified herein. The Contractor will validate and certify that the information on the spreadsheet is true and correct so as to ensure that all legal requirements have been fulfilled prior to the commencement of any and all work under the Contract.

4.5.1. The Contractor shall provide an updated spreadsheet to the Government upon the CO’s or COR’s request.

4.6. Firearms Training: The Contractor shall provide access to their employees for firearms training. Contractor is responsible for any and all firearms training at no cost to the Government.

4.7. The Contractor shall obtain, possess, and maintain all business and corporate licenses required to operate as a commercial security service within the specific geographic areas covered under this the Contract prior to performing any work under the specific Contract.

4.7.1. Important Note: Failure by the Contractor to obtain all required licenses prior to the start of performance for the Contract may be grounds for termination for cause. Failure by the Contractor to renew licenses and permits upon their expiration may result in termination for cause.

Failure by the Contractor to monitor licensing requirements of it personnel and immediately remove and replace any individual who for any reason does not have the required licenses may be grounds for termination for cause.

5.0. SPECIFIC REQUIREMENTS/TASKS

5.1. Guard Post Orders

Directions for each individual post divided provided by the COR/ACOR or lead security manager.

5.1.1. The Contractor’s employees shall perform the services as prescribed by the contract to include the Post Orders and security processes that are contained within the existing disaster Occupant Emergency Plan associated with the assignment.

5.1.2. In the event of an inconsistency or conflict between documents, the terms in this PWS take precedence over other documents.

5.1.3. Contract Security Guards shall perform their duties in accordance with the duties outlined on the Post Orders, which are prepared by FEMA for all shifts on each post. Except for emergencies, the responsibilities of the CSG may not deviate from the duties prescribed in the Post Orders. The COR/ACOR may modify, amend, and/or revise Post Assignment Records to change shift duties, start and stop times, and post locations, provided the change has no increased impact on the Contract cost.

5.1.4. The duties of some guard posts require that a CSG not leave his or…