FINAL_DHS_Solicitation_for_Mental_Health_SME.pdf

Solicitation # 70RDAD18R00000027

U.S. Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)/Departmental

Operations Acquisition Division (DOAD)

Mental Health Subject Matter Expert Services

September 6, 2018

Solicitation 70RDAD18R00000027

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and a written solicitation will not be issued.

The solicitation number is 70RDAD18R00000027. The solicitation is issued as a request for proposal

(RFP). The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2005-99-1. This acquisition is set-aside for small businesses. The associated North American Industry Classification System (NAICS) code is 621112 - Offices of

Physicians, Mental Health Specialists. The small business size standard is $11.0M. Please view Section I for the contract line item number(s) (CLINS). Please view Section II for the statement of work (SOW).

The Contractor shall provide mental health subject matter expert services to assist the U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL) in performing its investigatory and oversight functions. The period of performance is one (1) base year and four (4) option years. The primary place of performance shall be the Contractor’s office or place of business.

FAR provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition. There is no addenda to the provision. FAR provision 52.212-2, Evaluation—Commercial Items, applies to this acquisition. The evaluation factors included in paragraph (a) of the provision are 1) Technical

Capability, 2) Past Performance, and 3) Price. All non-price factors, when combined, are significantly more important than Price.

FAR provision 52.212-3, Offeror Representations and Certifications—Commercial Items: Offerors shall complete only paragraph (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of the provision.

FAR clause 52.212-4, Contract Terms and Conditions—Commercial Items Alternate I, applies to this acquisition. There are no addenda to the clause.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause that are applicable to this acquisition are as follows: 1) 52.204-14, Service Contract Reporting

Requirements; 2) Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment; 3) 52.219-6, Notice of Total Small Business Set-

Aside; 4) 52.219-28, Post Award Small Business Program Representation; 5) 52.222-3, Convict Labor;

6) 52.222-19, Child Labor-Cooperation with Authorities and Remedies; 7) 52.222-21, Prohibition of

Segregated Facilities; 8) 52.222-26, Equal Opportunity; 9) 52.222-35, Equal Opportunity for Veterans

10) 52.222-36, Equal Opportunity for Workers with Disabilities; 11) 52.222-37, Employment Reports https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179124 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179178 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.sam.gov/portal https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/far/html/52_222.html#wp1148123 on Veterans; 12) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act;

13) 52.222-50, Combating Trafficking in Persons; 14) 52.223-18, Encouraging Contractor Policies to

Ban Text Messaging While Driving; 15) 52.224-3, Privacy Training; and 16) 52.232-33, Payment by

Electronic Funds Transfer—System for Award Management.

The additional contract requirement(s) or terms and conditions are as follows: 1) 52.202-1, Definitions;

2) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights; 3) 52.204-7 System for Award Management; 4) 52.204-19, Incorporation by

Reference of Representations and Certifications; 5) 52.217-8, Option to Extend Services; 6) 52.217-9, Option to Extend Term of the Contract; 7) 52.222-17 Non-displacement of Qualified Workers; 8)

52.224-1, Privacy Act Notification; 9) 52.224-2, Privacy Act; 10) 52.227-14 Rights in Data - General;

11) 52.232-39 Unenforceability of Unauthorized Obligations; 12) 52.233-1 Disputes; 13) 52.233-2

Service of Protest; 14) 52.233-3 Protest after Award; and 15) 52.233-4 Applicable Law for Breach of

Contract Claim. The following HSAR clauses are applicable 1) Safeguarding of Sensitive Information;

2) Information Technology Security and Privacy Training; 3) HSAR clauses 3052.204-71, Contractor

Employee Access; 4) 3052.205-70 Advertisements, Publicizing Awards, and Release Alternate I; 5)

3052.209-70, Prohibition on Contracts with Corporate Expatriates; 6) 3052.209-72 Organizational

Conflict of Interest; 7) 3052.215-70, Key personnel or Facilities; and 8) 3052.242-72, Contracting

Officer's Technical Representative.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

All questions shall be submitted no later than (NLT) 4:00 pm EST by Monday, September 10, 2018.

Questions asked over the telephone or on voicemail shall not be accepted. Questions and proposals shall be email to the CO at Evron.Rollins@hq.dhs.gov. Proposals are due NLT 12:00 noon EST by Friday, September 14, 2018.

mailto:Evron.Rollins@hq.dhs.gov

SECTION I. SUPPLIES OR SERVICES AND PRICES/COSTS.

The Government contemplates awarding a single time and material (T&M) Contract. The Contractor shall notify the contracting officer (CO) and contracting officer representatives (COR) in writing upon reaching 75% of the contract line item number (CLIN) value and obligated funds. The Contract will include a ceiling price that the Contractor exceeds at its own risk.

Base Year

Contract Line

Item Number

(CLIN)

Description of Services

Quantity

Unit

Unit Price

Total Amount

Mental Health Expert

Services

Hours $

Travel

Trips

$15,000.00 Not to exceed

(NTE)

(Optional)

Surge: Mental Health

Expert Services

Hours $ $

Surge: Travel

Trips $15,000.00 NTE

Total Price: Base

Year

$ NTE

Option Year One (1)

Contract Line

Item Number

$ $15,000.00 NTE

Total Price:

Option Year One

(1)

Option Year Two (2)

Item Number

Option Year Two

(2)

Option Year Three (3)

Item Number

Option Year

Three (3)

Option Year Four (4)

Item Number

Option Year Four

(4)

Total Prices

Base Year: $_________________________ NTE

Option Years 1: $_________________________ NTE

Option Year 2: $_________________________ NTE

Option Year 3: $_________________________ NTE

Option Year 4: $__________________________NTE

Grand Total for Base & Option Years:

SECTION II. STATEMENT OF WORK (SOW)

1.0 BACKGROUND

The U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL) is responsible for investigating complaints filed pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1 alleging abuse of civil rights, civil liberties, and racial and ethnic profiling by DHS employees, officials, and contractors. CRCL’s Compliance Branch is responsible for investigating these complaints. CRCL is also responsible with overseeing compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by DHS’s programs and activities.

2.0 SCOPE

The purpose of this acquisition is to obtain mental health subject matter expert services to assist CRCL in performing its investigatory and oversight functions. The Contractor shall primarily assist CRCL in conducting its investigations into issues in immigration detentions involving mental health care. The

Contractor shall prepare reports related to the investigations. The Contractor may assist CRCL with other matters related to mental health issues, including reviews initiated by DHS’s leadership, consulting with substantive work groups, providing training, and other activities as requested.

Mental health subject matter expert services are required to evaluate complaints received pursuant to

6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1 and to oversee compliance with constitutional, statutory, regulatory, policy, and other requirements related to civil rights and civil liberties. The experts shall provide assistance related to activities that arise within CRCL’s authority, including but not limited to, research, analysis, and/or development of system-wide standards, policies, procedures, and training.

Services shall include, but are not limited to, conducting reviews of the mental health care provided in

DHS’s facilities, providing training related to the Contractor’s areas of expertise, and other activities and projects related to mental health concerns as tasked by CRCL, such as participating in work groups, developing or presenting briefings, and preparing documents. The Contractor shall prepare detailed reports regarding their observations and findings, as well as provide recommendations based upon applicable medical, mental health, or correctional standards.

3.0 REQUIREMENTS/TASKS

3.1 The Contractor shall review, evaluate, and report on mental health issues and advice CRCL on how

Departmental policies and practices impact various issues involving immigration detention facilities.

3.2 The Contractor shall document their findings and recommendations in well written, comprehensive reports for each investigation or assignment. The Contractor personnel shall collaborate with CRCL as necessary to make edits to the written reports in order to fulfill CRCL’s needs, goals, and requirements.

3.3 The Contractor shall provide CRCL with guidance on various violations of civil rights or civil liberties related to mental health practices upon request, whether related to a CRCL investigation, or related to a broader CRCL issue or area of work. The Contractor shall provide such guidance as requested by CRCL, whether planned or ad hoc, by telephone, email, formal report, or in person.

The guidance shall include, but not be limited to, discussions and assessments of individual cases, findings from onsite investigations, discussion of policies and practices, and any other relevant information that may arise during the course of an investigation or other aspects of CRCL’s oversight work.

4.0 NOTICE REGARDING APPEARANCE OF CONFLICT

The services required include circumstances where the Contractor will investigate allegations and/or complaints pertaining to mental health issues within DHS’s Components. Contract personnel either currently providing work for a DHS Component that is the same or similar in scope to the requirement under this Contract, or who have provided the same or similar work for a DHS Component in the past three (3) years prior to the effective date of this Contract, are not eligible to perform services on this

Contract in order to prevent the existence or appearance of conflicting roles that may affect a

Contractor’s judgement.

The Contractor shall not employ any person under this Contract who is an employee of the United States

Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the CO and COR by telephone and in writing within 72 hours when a conflict of interest arises during the course of carrying out the duties of this Contract.

5.0 QUALIFIED PERSONNEL

The Contractor shall provide qualified mental health consultants to perform the requirements specified in this Contract.

5.1 Minimum Qualifications for Mental Health Consultant

5.1.1 The Contractor shall be a Board certified psychologist or psychiatrist.

5.2.2 The Contractor shall have at least ten (10) years of experience providing mental health care in an adult detention setting.

5.2.3 The Contractor shall have experience investigating, auditing, or evaluating detention facilities for adherence to applicable standards related to mental health programs and systems.

5.2.4 The Contractor shall have experience objectively critiquing the treatment provided by other mental health practitioners within a detention setting.

5.2.5 The Contractor shall have experience serving as a subject matter expert providing advice, guidance, or testimony on the operation of mental health programs or systems in a detention setting.

5.2.6 The Contractor shall have experience formulating recommendations or other steps to address issues, violations, or concerns identified as part of an investigation or other type of inquiries.

5.2.7 The Contractor shall have experience applying the American Correctional Association

(ACA) Standards, National Commission on Correctional Health Care (NCCHC) Standards, and other standards related to mental health care in a detention setting.

5.2.8 The Contractor shall have knowledge and experience with the history, policies, and protocols of mental health care in a detention setting and shall be apprised of recent trends and developments in providing these services.

5.2.9 The Contractor shall have experience producing written reports that evaluate detention standards, systems, and actions present in detention facilities. This shall include analysis of and application of standards and policies.

5.2.10 The Contractor shall demonstrate the ability to produce comprehensive reports that are well-written, clear, and cite relevant resources by providing examples of their publications.

5.2.11 The Contractor shall have demonstrated experience reviewing large amounts of documentary evidence in short timeframes and providing oral briefings, written reports, and training under tight timelines.

5.2.12 The Contract personnel shall be able to travel to various locations nationwide to perform onsite investigations for several consecutive days, and work efficiently and cooperatively under the direction of CRCL’s personnel.

5.2 Enhancing Factors that Exceed the Minimum Qualifications for Mental Health Consultant

5.2.1 The Contractor has more than the minimum requirement of ten (10) years of experience providing mental health care in an adult detention setting.

5.2.2 The Contractor has experience managing a health care program in a detention setting.

5.2.3 The Contractor has demonstrated experience in various types of detention settings and with a variety of populations. The experience may include working with adults and children, in prisons, jails, or another type of facilities or working with other special populations.

5.2.4 The Contractor has provided medical or mental health care in an immigration detention facility.

5.2.5 The Contractor has conducted and published research and analysis regarding system-wide issues related to mental health care in a detention setting.

5.2.6 The Contractor has worked directly with the ICE National Detention Standards (NDS), Performance Based National Detention Standards (PBNDS), or other related policies governing mental health care in immigration detention.

5.2.7 The Contractor has reviewed and evaluated mental health services provided in an immigration detention facility.

5.2.8 The Contractor has multiple key personnel with the minimum requirements stated herein.

5.3 Key Personnel

Before replacing any individual designated as key personnel by the Government, the Contractor shall notify the CO at least 15 business days in advance, submit a written justification for the replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the key personnel being replaced as requested by the CO. The Contractor shall not replace any key personnel without notifying the CO. The mental health consultants are designated as key personnel by the Government for this acquisition.

6.0 GENERAL REPORTING REQUIREMENTS

The Contractor shall provide all written reports in electronic format with read/write capabilities using applications that are compatible with DHS’s Microsoft Office applications.

6.1 Progress Reports

The Contractor shall provide progress reports via email as needed to the CO and COR. This report shall include a summary of all the Contractor’s work performed, including an assessment of the technical, written and analytical progress; schedule status; any travel conducted; and the Contractor’s concerns or recommendations for the previous reporting period.

6.2 Progress Meetings

The Contractor shall be available to meet with the COR or CRCL point of contact (POC) upon request to present deliverables, discuss progress, exchange information and resolve emergent problems and issues. These meetings shall take place at the Government’s facility, via telephone or email.

7.0 INTELLECTUAL PROPERTY

All reports generated, documentation produced, and research conducted in the performance of this

Contract shall be the property of DHS.

SECTION III – DELIVERIES AND PERFORMANCE

1.0 PERIOD OF PERFORMANCE

The period of performance from the Contract effective date is one (1) base and four (4) Option Years and up to six (6) months option period under FAR Clause 52.217-8. The option periods will be exercise at the discretion of the Government. The actual dates will be filled in at the time of award.

Base Year: Effective Date through 12 months

Option Year One (1): 13 through 24 months

Option Year Two (2): 25 through 36 months

Option Year Three (3): 37 through 48 months

Option Year Four (4): 49 through 60 months

2.0 PLACE OF PERFORMANCE

The place of performance for services performed under this Contract will be at the Contractor’s site or remote location.

3.0 GOVERNMENT HOLIDAYS

The following holidays are observed by the federal Government:

New Year's Day 1st January

Martin Luther King's Birthday 3rd Monday in January

President's Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day 4th July

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day 11th November

Thanksgiving Day 4th Thursday in November

Christmas Day 25th December

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by an Executive Order from the

President of the United States of America as a national holiday.

It is understood and agreed between the Government and the Contractor that observance of such days by

Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within this Contract. The Contractor shall notify the CO if the Contractor believes that an unplanned absence has an impact on the price or period of performance.

4.0 GOVERNMENT-FURNISHED RESOURCES

The Government will provide all necessary information, data, and documents to the Contractor. The

Government will provide the Contractor with the following resources: work space, computers/laptops, telephones, access to printers, access to photocopiers, and access to scanners.

The Government furnished, property, equipment and supplies issued to the Contractor shall only be used for work under this Contract. The Contractor shall be responsible for returning all Government furnished facilities, property, and equipment in good working condition, subject to normal wear and tear.

5.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, supplies, materials, equipment, and services necessary to fulfill the requirements of this Contract, except for the Government Furnished Resources specified in

Section 5.0 above.

6.0 DELIVERABLES AND DELIVERY SCHEDULE

The Government will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with Government policies, regulations, laws and directives. Written documents shall be concise and clearly written. Final deliverables shall be provided in hard and soft copy using Microsoft Office applications. Daily, weekly, and interim deliverables and working-copy products may be provided via email or disk, as approved by the COR.

The Government will have ten (10) business days to accept or reject deliverables. If a deliverable is rejected and returned to the Contractor for revisions, the Contractor shall correct the deliverable within five (5) business days of notification of the request for revisions.

All deliverables shall be submitted to the COR and assigned CRCL POC identified in this Contract. A copy of the monthly performance report shall be submitted to the COR and CO.

6.1.1 Deliverables

The Contractor shall provide the deliverables identified in the table below in electronic format.

Electronic copies shall be delivered via email in an attachment or other media as agreed by the COR.

All electronic deliverables shall be prepared using Microsoft applications in formats selected by the

Contractor. All deliverables shall be delivered to the COR, the assigned CRCL POC and the CO. The

Contractor’s deliverables shall not contain any identifiable corporate markings.

file://///hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc%23GFP

ITEM DELIVERABL/EVENT DUE DATE

1 Post Award Meeting Five (5) business days of date of award.

2 Kick Off Meeting Five (5) business days of date of award.

3 Progress Reports Three (3) business days following request.

4 Draft Investigative Reports

COR CHECKPOINT: Within ten (10) business days of receipt of assignment or completion of investigative work: Contractor shall submit drafts to the COR and assigned CRCL POC for review. The

Contractor and CRCL will discuss the draft report to ensure its accuracy. CRCL will furnish comments and edits to Contractor who will be responsible for making changes to the draft.

The COR shall be copied on all assignment correspondence.

Oral Briefings and Ad Hoc Reports or

Project-related work

COR CHECKPOINT: Due date to be determined by the COR and/or assigned CRCL POC.

7 Edits to Reports and Documents Five (5) business days after receipt of Government comments.

6.1.2 GOVERNMENT ACCEPTANCE PERIOD

The COR and assigned CRCL POC will review deliverables prior to acceptance and provide the

Contractor with an e-mail that conveys acceptance or documented reasons for non-acceptance. The

COR or assigned CRCL POC will have ten (10) business days to review deliverables and provide notification of acceptance or rejection.

Services and deliverables shall be inspected in accordance to FAR clause 52.212-4, Contract Terms and

Conditions—Commercial Items Alternate I.

Section IV – CONTRACT ADMINISTRATION

1.0 POST-AWARD CONFERENCE

The Contractor shall attend a post award conference with the CO and COR 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 CO, is to discuss the contractual objectives of this Contract. The post award conference will be held at the Government’s facility, located in Washington, DC or by conference call. The specifics of the meeting will be provided upon Contract award.

2.0 KICK-OFF MEETING

The Contractor shall attend a kick-off meeting with the COR and the program office no later than five

(5) business days after the date of award. The purpose of the kick-off meeting, which will be chaired by the COR, is to discuss the technical objectives of this Contract. The kick-off meeting will be held at the

Government’s facility, located in Washington, DC or by conference call. The specifics of the meeting will be provided upon Contract award.

3.0 CONTRACTING OFFICER

The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds and authorize revisions to the terms and conditions of this Contract. The CO shall authorize any Contract modifications in writing.

The CO is: Evron Rollins

U.S. Department of Homeland Security (DHS)

Office of Procurement Operations (OPO)

Departmental Operations Acquisitions Division (DOAD)

245 Murray Lane, SW, #0115

Washington DC 20528-0115

E-mail: evron.rollins@hq.dhs.gov

4.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The CO will designate one COR to assist in monitoring the work under this Contract. The COR is responsible for the technical administration of the Contract and is the technical liaison with the

Contractor. The COR is not authorized to change the scope of work or specifications as stated in the

Contract, make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, delivery schedule, period of performance, or other terms or conditions. The

Contractor will receive a copy of the COR Appointment Letter outlining the roles and responsibilities of the COR.

Note: The COR’s name and contact information will be provided at Contract award.

mailto:evron.rollins@hq.dhs.gov

5.0 INVOICES

Invoices shall be prepared in accordance with FAR Clause 52.212-4, Contract Terms and Conditions -

Commercial Items. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include, at a minimum, the following information:

a) Name and address of the Contractor;

b) Invoice date and invoice number (Contractor shall date invoices as close as possible to the date of mailing or transmission);

c) Contract number and period of performance or other authorization for services performed;

d) The associated CLIN and dollar amount invoiced per CLIN;

e) The current amount billed along with a cumulative amount billed to date and the remaining balance;

f) Description of services completed;

g) Name, title, phone number, e-mail, and mailing address of person to notify in the event of a defective invoice.

Invoices shall be submitted no more than once per month and shall be received no later than the 5th of each month or as otherwise approved by the COR following completion of services. The Contractor shall submit invoices electronically to MGTInvoice.Consolidation@ice.dhs.gov. The Contractor shall simultaneously provide an electronic copy of the invoice to the designated COR and CO.

mailto:MGTInvoice.Consolidation@ice.dhs.gov

SECTION V. SPECIAL CONTRACT REQUIREMENTS

1.0 CONTRACTOR PERSONNEL SECURITY CLEARANCE REQUIREMENT

All contractor and subcontractor personnel are required to complete a suitability/background investigation with the DHS Office of Security, Personnel Security Division (PSD).

The procedures outlined below shall be followed for the DHS Office of Security, PSD to process suitability/background investigations and suitability determinations, as required, in a timely and efficient manner.

Carefully read the security clauses in the Contract. Compliance with the security clauses in the Contract is not optional.

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the Contract, requiring access to sensitive information, shall undergo a position-sensitivity analysis based on the duties each individual will perform on the Contract. The results of the position sensitivity analysis shall identify the appropriate suitability/background investigation to be conducted. All suitability/background investigations will be processed through the DHS Office of Security Office/PSD.

Prospective Contractor employees shall submit the following completed forms to the DHS Office of

Security Office/PSD. The Standard Form (SF) 85P will be completed electronically, through the Office of Personnel Management’s e-QIP SYSTEM. The completed forms must be given to the DHS Office of

Security Office/PSD no less than thirty (30) days before the start date of the Contract or thirty (30) days prior to entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

a) Standard Form (SF) 85P, “Questionnaire for Public Trust Positions”

b) FD Form 258, “Fingerprint Card” (2 copies)

c) DHS Form 11000-6 “Conditional Access To Sensitive But Unclassified Information Non-

Disclosure Agreement”

d) DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

Only complete packages will be accepted by the DHS Office of Security/PSD. Specific instructions on submission of packages will be provided upon award of the Contract.

The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow. A favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to government facilities or information, at any time during the term of the task order. No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the DHS Office of

Security/PSD.

Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings and nonrecurring meetings in order to begin transition work.

The DHS Office of Security/PSD shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the COR all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to whom it was issued and the last known location and disposition of the pass or card.

When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated suitability/background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to

Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

SECURITY OFFICE CONTACT

Office of Security/PSD

Customer Service Support

Washington, DC 20528

Telephone: (202) 447-5010

E-mailbox: officeofsecurity@hq.dhs.gov

2.0 NON-DISCLOSURE AGREEMENT

The Contractor shall submit an executed Non-Disclosure Agreement, DHS Form 11000-6, for each individual performing under this Contract. The Contractor shall submit copies of the Non-Disclosure

Agreement to the CO and COR prior to an individual beginning services. The Non-Disclosure

Agreement will be provided upon Contract award.

3.0 DISCLOSURE OF INFORMATION

Information furnished under this Contract may be subject to the disclosure under the Freedom of

Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information shall be clearly marked. Marking of items will not necessarily preclude disclosure when DHS or the Government determines disclosure is warranted by FOIA.

However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this Contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the Contract.

mailto:officeofsecurity@hq.dhs.gov

The Contractor shall assume responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors be under the supervision of the Contractor or the Contractor’s responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed to shall be notified in writing by the Contractor that information disclosed to such officer or employee shall be used only for the purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 USC 641.

4.0 NON-PERSONAL SERVICES

The services required under the Contract constitutes professional support services, which are essential to the mission but not otherwise available within. The Government will neither supervise the Contractor’s employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contract employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that have the nature of personal services, or give the perception of personal services. If the

Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the CO immediately.

These services shall not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the

Government. Support services shall not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

5.0 EMPLOYEE IDENTIFICATION

Contract employees visiting Government facilities shall comply with all Government escort rules and requirements. All Contract employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display all identification, Government-issued badges or visitor badges in plain view above the waist at all times.

6.0 EMPLOYEE CONDUCT

Contract employees shall comply with all applicable Government regulations, policies and procedures

(i.e. fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The

Contractor shall ensure Contract employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or DHS. The Contractor shall ensure Contract employees understand and abide by DHS rules, regulations, and policies concerning safety and security.

7.0 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion, direct the Contractor to remove any Contract employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this Contract. The CO will provide the

Contractor with a written explanation to support any requests to remove a Contract employee.

8.0 OTHER APPLICABLE CONDITIONS

8.1 Security

Contractor’s access to information is protected under the Privacy Act. Contractor’s access to unclassified

Security Sensitive Information (SSI), Personally Identifiable Information (PII), and Law Enforcement

Sensitive information may be required under this Contract. The documentation will be provided to the

Contractor in person, by mail, or via email.

The Contractor’s employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (For

Official Use Only) Information.

Contract employees are not required to have a security clearance; however, a background investigation and a suitability determination will be conducted.

8.2 Contractor Access

Sensitive Information, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United

States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

a) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure

Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-

296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal

Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of

Homeland Security (including the PCII Program Manager or his/her designee);

b) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal

c) Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of

SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the

Transportation Security Administration or his/her designee);

d) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and,

e) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

file://///hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc%23Security

“Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

Contractor employees working under this Contract shall complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability.

Completed forms shall be submitted as directed by the CO. Upon the CO’s request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this

Contract unless this requirement is waived under Departmental procedures. The CO may require the

Contractor to prohibit individuals from working under the Contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including but not limited to, carelessness, in-subordination, incompetence, or security concerns.

The Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the CO. For those contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after Contract performance.

The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

a) Before receiving access to IT resources under this Contract, contract personnel must receive a security briefing, which the COR will arrange, and complete any nondisclosure agreement furnished by DHS.

b) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this Contract or approved by the COR in writing as necessary for performance of the work under this Contract. Any attempts by contract personnel to gain access to any information technology resources not expressly authorized by the terms and conditions in this

Contract, or as approved in writing by the COR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the Contract and the individual(s) involved.

c) Contractor’s access to DHS networks from a remote location is a temporal privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the Contract, or Government Furnished Equipment (GFE).

d) Contractor’s access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the Contract for any delays resulting from unauthorized use or access.

Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the Contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief

Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

The individual must be a legal permanent resident of the U.S. or a citizen of Ireland, Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by the Department of State;

There must be a compelling reason for using this individual as opposed to a U.S. citizen;

and

The waiver must be in the best interest of the Government.

e) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the Contract. Any additions or deletions of non-U.S. citizens after

Contract award shall also be reported to the CO.

8.3 Personal Identification Verification (PIV) Credential Compliance

Authorities:

HSPD-12 “Policies for a Common Identification Standard for Federal Employees and Contractors”

OMB M-11-11 "Continued Implementation of Homeland Security Presidential Directive (HSPD) 12

– Policy for a Common Identification Standard for Federal Employees and Contractors"

OMB M-06-16 “Acquisition of Products and Services for Implementation of HSPD-12”

NIST FIPS 201 “Personal Identity Verification (PIV) of Federal Employees and Contractors”

NIST SP 800-63 “Electronic Authentication Guideline”

OMB M-10-15 “FY 2010 Reporting Instructions for the Federal Information Security Management

Act and Agency Privacy Management”

Procurements for products, systems, services, hardware, or software involving controlled facility or information system shall be PIV-enabled by accepting HSPD-12 PIV credentials as a method of identity verification and authentication.

SECTION VI – CONTRACT CLAUSES

1.0 FEDERAL ACQUISITION REGULATION (FAR) 52.252-2 Clauses Incorporated by

Reference (FEB 1998)

This Contract incorporates one or more additional clauses by reference, with the same force and effect as if it were given in full text. Upon request, the CO will provide the full text. The full text FAR clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

FAR CLAUSES INCORPORATED BY REFERENCE

CLAUSES TITLE DATE

52.202-1 Definitions NOV 2013

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management OCT 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.212-1 Instructions to Offerors—Commercial Items AUG 2018

52.212-4 Contract Terms and Conditions—Commercial Items

Alternate I

JAN 2017

JAN 2017

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders

-Commercial Items

JAN 2018

52.222-17 Non-displacement of Qualified Workers MAY 2014

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-14 Rights in Data—General MAY 2014

52.232-9 Limitation on Withholding of Payments APR 1984

52.233-1 Disputes MAY 2014

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 http://acquisition.gov/comp/far/index.html

2.0 HOMELAND SECURITY ACQUISITION (HSAR) CLAUSES INCORPORATED BY

REFERENCE

The Homeland Security Acquisition Regulation (HSAR) clauses may be accessed electronically at https://www.dhs.gov/sites/default/files/publications/CPO_HSAR_1_0.pdf.

HSAR CLAUSES INCORPORATED BY REFERENCE

CLAUSES TITLE DATE

3052.205-70 Advertisements, Publicizing Awards, and Release

Alternate I

SEP 2012

SEP 2012

3052.215-70 Key personnel or Facilities DEC 2003

3052.242-72 Contracting Officer's Technical Representative DEC 2003

3.0 FAR CLAUSES INCORPORATED BY FULL TEXT

52.212-2 Evaluation—Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors, in descending order of importance, shall be used to evaluate offers:

Factor 1: Technical Capability

Factor 2: Past Performance

Factor 3: Price

Technical Capability is more important than the Past Performance. Past Performance is more important that Price. All non-price factors, when combined, are significantly more important than Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) https://www.dhs.gov/sites/default/files/publications/CPO_HSAR_1_0.pdf

52.212-3 Offeror Representations and Certifications—Commercial Items (Aug 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

https://www.sam.gov/portal http://uscode.house.gov/

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw…