70FBR220R00000002 0003.pdf

(x)

70FBR220R00000002

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

NEW YORK NY 10007

52ND FLOOR

FEMA R02

1 WORLD TRADE CENTER

REGION II

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA REGION 02

11/19/20190003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11/19/2019

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment 0003 is to answer vendor questions:

Vendor Question 1. Page 60- E.2.(b) Instructions to Offerors/ submission of offers: Please, kindly clarify what is the SF1449 and how do I access it? Can the offeror be allowed to use its stationary to write the proposal and then submitt it by email to you?

Government Response 1. SF 1449 is uploaded on Beta.Sam website as C1a RFP

70FBR220R00000002 GUARD 11.19.19. Vendor can use stationary only to address the technical evaluation provided in Section E. See E.4 PROPOSAL SUBMISSION for proposal submission.

Proposal are due on December 19, 2019 at 10AM EST via email to Carolyn.knight@fema.dhs.gov.

Vendor Question 2. Page 60 - (8) – a completed copy of the representations and

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Carolyn Knight

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FBR220R00000002/0003

certifications at FAR 52.212 -3; do we have to complete and submitt them within this proposal?

Government Response 2. Yes

Vendor Question 3. Page 61 – (2) (A): Does the proposal has to be sent by email “no later than

5:00 pm one working day prior to the date specified for receipt offers.” Please, clarify.

Government Response 3. Proposal are due December

19, 2019 by 10am EST via email to

Carolyn.knight@fema.dhs.gov.

Vendor Question 4. Page 65 – B. Technical proposal instruction, (4) past performance: as per requested, we need to provide a list of contracts currently in process. At the same time, do we need to refer to those clients the “ Past

Performance Questionnaire “ (attachment #4).

Please, advise that this attachment #4, has a due date by November 15, 2019.

Government Response 4. Proposals and Past

Performance Questionnaire are due December 19, 2019 by 10am EST via email to

Carolyn.knight@fema.dhs.gov. The questionnaire was revised in Amendment 0002

Vendor Question 5. For this RFP, do we need to comply with page 63 - E.3, Instruction to commercial Items and submitt a technical and a business proposal? Please, kindly clarify.

Government Response 5. Yes. This is FAR PT 12 requirement, full and open local area only.

Vendor Question 6. Page 15 – 7.5 OPSEC Training:

Please kindly clarify what is a OPSEC? It is said that contractors shall receive an awarness Brief, and that it “can be obtained at_____”, but it was not stated the address. Please, clarify.

Government Response 6. OPSEC (operational security) is an analytical process that classifies information assets and determines the controls required to protect these assets. Link to complete OPSEC training will be provided to the awardee only.

Vendor Question 7. The Solicitation states that the total hours for each QTR will be 72,810.

However, (Attachment 1-Summary of Costs) we note that CRC's quarterly accumulated hours is

74,790 and for Buildings the total is 72,810

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FBR220R00000002/0003

(equal to the total stated in the solicitation).

We found no reference in the solicitation to the additional 74,790 CRC's hours. Could the government please clarify?

Government Response 7. The total hours for CLINS

0001,1001,2001,3001,4001,5001 are 147,600 Labor

Hour. Daily rate for renting patrol vehicle (3 months).

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FEMA R02

NEW YORK NY 10007

1 WORLD TRADE CENTER

REGION II

FEDERAL EMERGENCY MANAGEMENT AGENCY

FEMA REGION 02

CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFEMA R02

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12.19.19 10AM EST Carolyn Knight (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70FBR220R00000002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 94OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

52ND FLOOR

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

NEW YORK NY 10007

52ND FLOOR

1 WORLD TRADE CENTER

REGION II

FEDERAL EMERGENCY MANAGEMENT AGENCY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEMA REGION 02

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This requirement is for contracted Protective Service Officers (PSO)and Patrolled Services to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations for DR-4339 (all counties and municipalities within the Commonwealth of Puerto Rico).

0001 Base Period: Armed Security Guard II 147600 LH Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Carolyn Knight

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

See Schedule

TBD

11/19/19

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 90 DA

1001 147600 LH

1002 90 DA

See Attachment 2: Locations

Note: The Contractor shall only invoice based on hours worked.

Base Period: Three (3) Patrol Vehicles for shelter/patrol duties at remote sites/locations in accordance with the Statement of Work

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

Option Period 1: Armed Security Guard II

See Attachment 2: Locations

Note: The Contractor shall only invoice based on hours worked.

(Option Line Item)

Option Period 1: Three (3) Patrol Vehicles for

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

11 2 of

3 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FBR220R00000002

2001 147600 LH

2002 90 DA

3001 147600 LH

shelter/patrol duties at remote sites/locations in accordance with the Statement of Work.

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

(Option Line Item)

Option Period 2: Armed Security Guard II

See Attachment 2: Locations

Note: The Contractor shall only invoice based on hours worked.

(Option Line Item)

Option Period 2: Three (3) Patrol Vehicles for shelter/patrol duties at remote sites/locations in accordance with the Statement of Work.

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

(Option Line Item)

Option Period 3: Armed Security Guard II

See Attachment 2: Locations

Note: The Contractor shall only invoice based on

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

4 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FBR220R00000002

3002 90 DA

4001 147600 LH

4002 90 DA

hours worked.

(Option Line Item)

Option Period 3: Three (3) Patrol Vehicles for shelter/patrol duties at remote sites/locations in accordance with the Statement of Work.

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

(Option Line Item)

Option Period 4: Armed Security Guard II

See Attachment 2: Locations

Note: The Contractor shall only invoice based on hours worked.

(Option Line Item)

Option Period 4: Three (3) Patrol Vehicles for shelter/patrol duties at remote sites/locations in accordance with the Statement of Work.

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70FBR220R00000002

5001 147600 LH

5002 90 DA

(Option Line Item)

Option Period 5: Armed Security Guard II

See Attachment 2: Locations

Note: The Contractor shall only invoice based on hours worked.

(Option Line Item)

Option Period 5: Three (3) Patrol Vehicles for shelter/patrol duties at remote sites/locations in accordance with the Statement of Work.

See Attachment 2: Locations

Note: The Contractor shall only invoice based on patrolled services used.

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

RFP#: 70FBR220R00000002

Continuation of any block from the SF 1449

SECTION B – SUPPLIES, SERVICES, AND PRICES

B.1 ITEMS TO BE ACQUIRED

The contractor shall provide Armed Security Guard Services and Patrolled Services in accordance to the Statement of Work.

B.2 PRICE SCHEDULE

Offerors shall provide a detail breakdown for each contract line item numbers (CLINs) listed above and in attachment 1. Contractor must use format. If format is not utilized, the proposal is deemed

UNACCEPTABLE.

The ceiling will be determined at the time of contract award. The fully burden loaded labor rates are authorized to be billed for actual labor hours used to this contract.

B.3 PAYMENT SCHEDULE

CLINs 0001, 1001, 2001, 3001, 4001 and 5001 are not to exceed ceiling amounts for labor. Invoices for labor hours used under the contract may be submitted no more frequently than weekly and all hours billed shall be at the fixed rates set forth above in B.2.

B.4 PERIOD OF PERFORMANCE

The Period of Performance shall be a three (3) month base contract with five (5) option periods of three

(3) months each:

Base Period (3 months): January 03, 2020 - April 02, 2020

Option Period 1 (3 months): April 03, 2020 – July 02, 2020

Option Period 2 (3 months): July 03, 2020 – October 30, 2020

Option Period 3 (3 months): October 03, 2020 – January 02, 2021

Option Period 4 (3 months): January 03, 2021 – April 02, 2021

Option Period 5 (3 months): April 03, 2021 – July 02, 2021

C. SECTION C - STATEMENT OF WORK

Federal Emergency Management Agency Protective Service Officers and Patrolled Services

Statement of Work (SOW)

1. BACKGROUND

The Federal Emergency Management Agency (FEMA) uses contracted Protective Service Officers (PSO) to safeguard federal employees, visitors and property at both temporary and fixed facilities during disaster and emergency declarations.

After the island of Puerto Rico was devastated by Hurricane Maria disaster DR-4339-PR was declared by the President placing FEMA locations around the entire island to support all Recovery efforts.

2. PURPOSE

This requirement is for contracted PSOs to provide physical security at all sites and facilities related to disaster declaration DR-4339-PR (for Hurricane Maria) encompassing all municipalities of the U.S.

Territory of Puerto Rico.

3. SCOPE OF WORK

The contractor must perform duties/tasks necessary to provide PSOs for physical security services throughout the entire island of Puerto Rico including municipalities of Vieques and Culebra. Patrol vehicles shall be provided when required by FEMA based on location characteristics, vulnerabilities and risks.

4. REQUIRED TASKS

4.1. The Contractor

4.1.1. Prior to the Contract start date, and except where precluded by local law or ordinance, the Contractor shall make and complete all arrangements to obtain all required licenses, permits and bonds with the appropriate officials in the city, municipality and/or state in which the government facilities are located. The Contractor is responsible for timely obtaining and adhering to the city, municipality and/or state licensing and permits.

4.1.2. The federal government will not assist nor intervene in any state licensing or permit issues on behalf of the Contractor.

4.1.3. 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.

4.1.4. The Contractor shall maintain current and valid copies of all licenses, permits, and certifications required to perform the services described in this SOW. The CO, COR, 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.

4.1.5. The Contractor shall only utilize Department of Labor (DOL) category 27102 Guard II security personnel (Attachment I) to perform PSO services under this contract. All category Guard II security personnel shall meet all local and state qualification requirements necessary to fulfill the responsibilities of the position.

4.1.6. The Contractor shall obtain all licenses and permits required for each PSO, PSO Supervisors, and all other Contractor employees performing in this contract.

4.1.7. The Contractor shall provide and maintain all management, supervision, manpower, material, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files. The PSO’s profile shall contain an original or copy (electronic or paper) of the following information:

4.1.7.1. DHS 11000-6 Non-Disclosure Agreement

4.1.7.2. Driver’s License/State Identification

4.1.7.3. Lautenberg Amendment/Domestic Violence Statement (annual)

4.1.7.4. State Weapons Permit and Renewal (as required)

4.1.7.5. State Security Officers Certification and renewal (as required)

4.1.7.6. Local Permits and Renewals (as required)

4.1.7.7. Current Baton or OC Certification

4.1.8. Upon FEMA’s request the Contractor shall provide each of the PSO’s profiles with copies of all the licenses, permits and/or certifications required to perform in this contract. The Contractor shall complete and provide via email a spreadsheet showing compliance in accordance with this contract term.

The spreadsheet shall reflect names and issue/expiration dates for all required licenses, permits, training and certifications as required by the local authorities and as identified herein. The Contractor shall validate and certify that the information on the spreadsheet is accurate to ensure that all legal requirements have been fulfilled prior to the commencement of any and all work under the Contract.

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

4.1.10. The Contractor shall ensure every PSO, prior to performing in this contract, receives an orientation and understands of the following:

4.1.10.1. Contract Security Guards’ Duties and Responsibilities

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

4.1.10.3. Regulations Governing Conduct on Federal Property

4.1.10.4. FEMA points of contact

4.1.10.5. Sign-in procedures

4.1.10.6. Jurisdiction and Authority

4.1.10.7. Weapons safety requirements

4.1.10.8. Other issues that may impact the Contract Security Guards performance supporting FEMA operations

4.1.11. The Contractor shall ensure PSOs 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 PSO to carry a valid firearm certificate or permit while on duty shall result in the PSO being removed from the post until the certificate or permit is obtained.

4.1.12. Contractor must provide a copy of their company Use of Force Policy.

4.1.13. The Contractor shall plan, schedule, coordinate and ensure effective performance necessary to accomplish security services as described and required in this Statement of Work (SOW).

4.1.13. 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.

4.1.15. The Contractor will provide a written certification for each PSO and PSO Supervisors that has received this company orientation and maintain such certification in the Contract Security Guards’ profile.

4.1.16. Failure by the Contractor to obtain all required licenses prior to the execution of 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 personnel performing in this contract or immediately remove and replace any individual who for any reason does not have the required licenses may be grounds for termination for cause.

4.1.17. The Contractor shall assign a points of contacts (POC) for communication with government officials and for coordination of PSO services. The POC shall be available 24/7 to the government.

4.1.18. False statements, certification, or falsification of any documents required in this Contract by the Contractor, contract manager, or any contract employee are punishable under U.S. Code Title 18, Chapter 47, Section 1001, Fraud and False Statements. The Government may initiate investigations by its Office of Inspector General, FEMA Fraud Investigative Internal Division (FIID), or FPS Criminal Investigations Branch, may initiate debarment proceedings, and/or may take Contractual remedies, up to and including termination for default. Under no circumstances whatsoever will the Government tolerate falsification of required documents.

4.1.19. The Contractor and FEMA will meet weekly or as determined necessary by FEMA to discuss performance, training and certification issues.

4.1.20. The Contractor shall ensure that PSOs 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.

4.1.21. The Contractor shall provide the COR with a “Contingency/Surge Plan” describing all measures to be taken when an expected or unannounced disaster occurs.

4.1.22. The Contractor is responsible for ensuring that PSOs, both current and prospective, are able to perform the essential functions described below, with or without reasonable accommodation. If a PSO alleges that he/she has a disability requiring 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. The 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.

4.1.23. The Contractor shall provide the CO and COR the POC names, telephone numbers, mobile phone numbers, facsimile numbers, email addresses, and office address of the POC immediately upon notification of issuance/award of the Contract.

4.1.24. Changes to the amount of equipment and/or supplies required, or otherwise affect the Contractor’s cost or the Contract price, must be made by the CO.

4.1.25. The Contractor shall be financially liable for accepting or implementing changes that affect the Contract price that have not been directed/approved by the CO. Therefore, the Contractor shall be responsible for verifying with the CO whether any requested changes should be provided pending issuance of a modification.

4.2. The Protective Services Officer (PSO)

PSOs have a crucial and highly visible role in the FEMA mission. They are usually the first line of defense, so it is crucial that the Contractor ensures that PSOs realize the importance of their role, know their duties, and perform their duties courteously and professionally at all times.

4.2.1. The PSO 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 (OEP) associated with the assignment.

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

4.2.3. PSOs shall perform their duties in accordance with the duties outlined in the Post Orders, which are prepared by FEMA for all shifts on each post. Except for emergencies, the responsibilities of the PSO may not deviate from the duties prescribed in the Post Orders. The COR 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.

4.2.4. PSO shall not leave their post until properly relieved.

4.2.5. PSOs will be required to perform a variety of security-related duties, depending on the type of posts to which they are assigned. Each post will have a PSO Post Assignment Record (Post Orders).

Specific duties and responsibilities associated with each post will be described in the Post Orders.

4.2.6. PSO shall not neglect their assigned duties in order to familiarize themselves with Post Orders.

4.2.7. PSOs shall be knowledgeable of the location and use of the nearest first aid kit, fire extinguisher, fire alarm, emergency exit, and duress alarm (if any), and shall be ready, willing, and able to use them as necessary and as required by the Post Orders.

4.2.8. PSOs shall be responsible for keeping logs and writing reports of incidents and occurrences encountered during the tour.

4.2.9. PSO post assignments shall include, but are not limited to the following duties and responsibilities:

4.2.9.1. ACCESS/EGRESS CONTROL

4.2.9.1.1. Prevent, discover, delay, and/or detain persons attempting to gain unauthorized access to the property and/or personnel at the facility being protected. PSOs shall report all such incidents in accordance with established procedures as detailed in the Post Orders

4.2.9.1.2. Contract Security Guards may be required to lock or unlock specific entrances/exits and turn on/off lights in their duty area at specific times as prescribed in the Post Orders

4.2.9.2. SECURITY SCREENING OR RANDOM-ACCESS MEASURES

4.2.9.2.1. PSOs shall screen personnel, packages, and vehicles for prohibited or unlawful items using manual, automated, or integrated screening techniques as prescribe in the Post-Orders. PSOs shall prevent, discover, delay, and/or detain persons attempting to bring prohibited or unlawful items into the property and/or personnel at the facility being protected. PSOs shall report all such incidents in accordance with established procedures as directed by the COR or as detailed in the Post Orders.

4.2.9.2.2. PSOs shall be alert for unattended and suspicious packages. If the item is determined to be unattended or suspicious, PSOs will notify the onsite FEMA Security Manager and initiate a 911 call, if applicable.

4.2.9.3. VISITOR PROCESSING

4.2.9.3.1. Contract Security Guards will process visitors as directed in their Post Orders

4.2.9.3.2. PSOs are required to answer questions and provide directions to visitors and facility tenants. Prior to arriving on duty, each PSO shall be familiar with the name, address, and location of his/her post, as well as the Post Orders of the assigned post. PSOs shall be familiar with each tenant Agency’s name and the locations within the facility of the most commonly sought-after offices or locations, such as service offices, restrooms, elevators, entrances and exits, retail spaces, and parking areas, and shall provide that information to any visitor upon request.

4.2.9.4. PATROL AND RESPONSE

4.2.9.4.1. PSOs will conduct patrols in accordance with routes and schedules established in the Post Orders. They will observe, detect, report, and respond to all suspected or apparent security violations.

4.2.9.4.2. Patrol duties will be performed in a professional manner, with the PSOs responsible for observing the environment, and, when necessary, questioning those individuals whose activities arouse suspicion.

4.2.9.4.3. Patrol PSOs will serve as the first responder to all security alarms and emergencies occurring within the area of assignment.

4.2.9.4.4. PSOs shall provide and maintain complete and effective surveillance, inspection, and protection of all internal and perimeter areas within the designated parameters and limits of the assigned post.

4.2.9.4.5. Some posts may require a combination of fixed hours at a PSO’s booth facility and roving patrols. PSOs shall adhere to the patrol schedule as outlined in the Post Orders or as directed by the COR.

4.2.9.4.6. PSO Post hours are subjected to change with minimal notice.

4.2.9.5. TRAFFIC CONTROL

4.2.9.5.1. When required by the Post Orders, PSOs shall direct traffic (vehicular and pedestrian), control parking, and observe the environment for suspicious vehicles or persons.

4.2.9.5.2. PSOs shall operate traffic control points and identify, delay, and detain all suspicious vehicles and personnel as necessary to maintain an acceptable level of security ensuring the safety and protection of all personnel, property, and FEMA assets within the facility.

4.2.9.6. BUILDING RULES AND REGULATIONS

4.2.9.6.1. PSOs shall monitor and observe building occupants and visitors for compliance with the Federal Management Regulations (41 C.F.R. part 102-74) and the facility’s posted rules and regulations.

4.2.9.6.2. PSOs shall identify, report, delay, or detain those persons/personnel who violate the rules and regulations as appropriate and in accordance with and as directed by the Post Orders.

4.2.9.7. EMERGENCIES

4.2.9.7.1. In case of an emergency condition requiring immediate attention, PSOs shall act/perform in accordance with procedures in the Post Orders and at the direction of the COR. This may include diverting PSOs from their posts to meet the condition and summoning appropriate assistance as it may be required.

4.2.9.7.2. PSOs shall immediately report all potentially hazardous conditions and/or identified security vulnerabilities/risks; security equipment in need of repair including inoperative lights, locks, security hardware, fences, leaky faucets, toilet stoppages, broken or slippery floor surfaces, blocked emergency routes/exits, and any other issue regarding the security of all FEMA assets and personnel.

4.2.9.7.3. PSOs shall summon professional assistance in accordance with procedures in the Post Orders in the event of injury or illness to Government employees or others while in the facility or on the grounds.

4.2.9.7.4. PSOs shall prepare and maintain required reports in accordance with the Post Orders regarding security-related issues, such as accidents, fires, bomb threats, unusual incidents and unlawful acts, and provide these reports to those officials specified by the COR.

4.2.9.7.5. PSOs shall verbally report threatening circumstances and potentially threatening activities they observe to the COR or the onsite FEMA Security Managers. Whenever possible, PSOs are encouraged to report a serious or potentially serious problem before responding so that they may receive all necessary backup and support to lessen or eliminate the potential threat.

4.2.9.7.6. PSOs will be required to perform other such functions as may be necessary in the event of situations or occurrences such as civil disturbances, attempts to commit espionage, sabotage, or other criminal acts adversely affecting the security and/or safety of the Government, its employees, property, and the general public lawfully in facilities or on the grounds under the control of the Government.

4.2.9.8. ASSIGNMENTS AND SIGN-IN PROCEDURES

4.2.9.8.1. The Contractor shall be responsible for scheduling all work and notifying PSOs of their work schedules in a manner consistent with effective contract management.

4.2.9.8.2. The Contractor shall furnish a copy of the most current schedule to the Government when requested by the CO or COR.

4.2.9.8.3. PSOs shall be in company uniform (see section 8.2) and ready to work at the start of their shift and shall remain on the job and in full company uniform until the end of their full tour of duty.

4.2.9.8.4. PSOs shall sign in/out when reporting/leaving their scheduled post on DHS Form 139, PSO’s Duty Register. PSO who patrol between buildings will sign in and out at each facility visited.

Relief PSOs shall sign in and out at each post visited.

4.2.9.8.5. Each successively lower line on DHS Form 139 must be completed in chronological order, without exception. Lines may not be left blank among signatures in any period. A single line entry shall be used when separating a calendar date.

4.2.9.8.6. Erasures, obliterations, superimposed or double entries of any type on any one line are unacceptable and will not be acceptable for payment purposes. When errors in signatures, times, post numbers, or duty status are made on the DHS Form 139, the next immediate line below or following on subsequent sheet's lines containing such errors, will be used to record all information for every column in the correct manner. The contract employee should cross a single line through the entire line of information on which such mistakes appear. The Contractor shall attach a detailed memorandum of explanation to each Form 139 containing erroneous entries for the purpose of correlating all mistakes made with the applicable valid lines of information, and for describing the reasons behind those mistakes.

Payment of invoices is based on the above procedures.

4.2.9.8.7. The Contractor shall not remove the DHS Form 139s from the job site unless specifically authorized or instructed to do so by the CO or COR. The COR representative will collect all such forms.

If the Contractor removes the DHS Form 139s from the post, payment may not be made until the original forms are received by the COR.

4.2.9.8.8. All Contract Security Guards 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.

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

4.2.9.8.9.1. Physically detaining and escorting an individual with assistance;

4.2.9.8.9.2. Work greater than 10-hour shifts and have the capability to work additional hours due to unexpected activity;

4.2.9.8.9.3. Work under occasional tension or pressure;

4.2.9.8.9.4. Work alone while armed;

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

4.2.9.8.9.6. Apply handcuffs;

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

4.2.9.8.9.8. Occasional running or sprinting;

4.2.9.8.9.9. Respond to life threatening or emergency situation;

4.2.9.8.9.10. Climb while in pursuit or in an emergency situation (stairs);

4.2.9.8.9.11. Pull oneself over an obstacle;

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

4.2.9.8.9.13. Physically control crowds or by-standers;

4.2.9.8.9.13. Pursue suspects on foot and subdue combative person after running in pursuit.

4.2.9.8.9.15. Any other related duties as determined by FEMA.

5. CONTRACTOR STAFF QUALIFICATIONS

5.1. PSOs and PSO Supervisors performing under this contract/orders must meet the following minimum qualifications:

5.1.1. U.S. Citizenship

5.1.2. Proficiency in English (written and spoken)

5.1.3. Current or prior security experience, in accordance with Section 9 of the SOW

5.1.4. Active Federal, State and Local Firearms permit(s), in accordance with Section 9 of the SOW

5.1.5. Have all state/local licenses, permits, registrations, or certifications as required to perform the duties and responsibilities of the position

5.1.6. Must be at least 21 years of age

5.1.7. PSOs and PSO Supervisors must receive a favorable suitability adjudication from FEMA (in accordance with Section 3 of the SOW) prior to beginning work under the contract.

5.2. PSOs must meet the following minimum “Professional Qualifications”:

5.2.1. PSO shall have a 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.

5.2.2. PSOs 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.

6. CONDUCT

6.1. PSOs shall behave and perform professionally at all times. While on post PSOs shall refrain from:

6.1.1. Engaging in any disallowed activities while standing post

6.1.2. Non-official fraternization with building occupants or visitors

6.1.3. Violating 41 C.F.R. part 102-74 subpart C or other Federal, state, or local law

6.1.4. Eating or using any tobacco product

6.1.5. Reading newspapers, books, magazines, etc

6.1.6. Using, watching, or listening to non-official audio or video devices

6.1.7. Sleeping, dozing, or napping

6.1.8. Playing cards or other games

6.2. 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 PSO from this contract at its own discretion or at the direction of the CO.

6.3. 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:

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

6.3.2. Solicits or receives gifts based upon their contract position

6.3.3. Engages in personal use of government property

6.3.4. Uses government property or non-public information for private gain

6.3.5. Engages in political or private fundraising while on duty

6.3.6. Promotes or endorses political candidate or agenda while on duty

6.3.7. Engages in any generally inappropriate behavior while on duty

6.4. The COR may recommend to the CO that the CO direct the Contractor to remove any employee from any or all locations where the Contractor performs with 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.

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

7. FITNESS REQUIREMENTS

7.1. BACKGROUND INVESTIGATIONS

All contractor personnel who require access to DHS or FEMA information systems, routine 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. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access Contractor personnel occupying positions or performing functions with a low risk designation and who do not require access to DHS or FEMA information systems shall undergo a Tier 1 (T1) background investigation which is equivalent to the previously identified National Agency Check with Inquiries (NACI). Either of these investigations must be supported by a separate credit check and must receive a favorable adjudication thereof from FEMA PSD prior to holder performing work under this contract. A favorably adjudicated NACI & C will remain acceptable for the purpose of reciprocity where a T1 investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Low Risk with Information System Access Contractor personnel occupying positions or performing functions with a moderate risk designation shall undergo a Tier 2 Suitability (T2S) background investigation which is equivalent to the previously identified Moderate Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated MBI will remain acceptable for the purpose of reciprocity where a T2S investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Moderate Risk

Contractor personnel occupying positions or performing functions with a moderate risk designation shall undergo a Tier 2 Suitability (T2S) background investigation which is equivalent to the previously identified Moderate Risk Background Investigation (MBI) and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated MBI will remain acceptable for the purpose of reciprocity where a T2S investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

High Risk

Contractor personnel occupying positions or performing functions with a high risk designation shall undergo a Tier 4 (T4) background investigation which is equivalent to the previously identified Background Investigation (BI), and must receive a favorable adjudication thereof from FEMA PSD prior to the holder performing work under this contract. A favorably adjudicated BI will remain acceptable for the purpose of reciprocity where a T4 investigation is required for a period of 5 years from the date of completion and favorable adjudication provided that all other requirements for the application of reciprocity are met.

Background Investigation Process

Contractors performing on this contract must be United States Citizens. Contractor applicants must also be 18 years of age or older to allow for the conduct of certain security related queries.

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 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. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

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:

• the investigation was completed within the last five years;

• it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract;

• the contractor personnel have not had a break in employment since the prior favorable adjudication; and,

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

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR 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.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email to the contractor 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 Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

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

• Optional Form 306, “Declaration for Federal Employment”

• SF 87, “Fingerprint Card” (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”

Applicants born outside the United States will be required to provide proof of citizenship in the form of a Certificate of Naturalization (Form N550 or N570), an unexpired U.S. Passport, or State Department issued Consular Report of Birth Abroad (CRBA) (FS-240)

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the Office of Personnel Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information. Residency requirements apply to the background investigation process. Persons subject to investigation and final adjudication for fitness or suitability must have lived within the United States for no less than 3 of the last 5 years as defined in the DHS Instruction 121-01-007-01, The Department of Homeland Security, Personnel Security, Suitability and Fitness Program (June 13, 2016). DHS has determined this to be the amount of time required to be the sufficient minimum investigative period for the purpose of performing a suitability or fitness adjudication. Both, OPM and OMB require a final adjudicative decision to support the issuance of the HSPD-12 compliant PIV Card that contractors are issued by FEMA Physical Security.

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 who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime 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 completion of and final adjudication of the full background investigation.

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 with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR 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.

Continued Eligibility and Reinvestigation Eligibility determinations based on a T1, T2S, or T4 (or the equivalent OPM investigation) 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.

Exclusion by Contracting Officer The Contracting Officer, independent of FEMA’s Personnel Security…