SynSol.pdf

70RDAD19Q00000047

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 Government intends to award a Time and

Materials contract under Simplified Acquisition Procedures (SAP) using FAR Part 13 to the responsible Quoter whose proposal conforming to this synopsis/solicitation will offer the best value to the Government, price and other factors considered.

(ii) The Request for Quotation (RFQ) or Reference Number is: 70RDAD19Q00000047.

(iii) This RFQ and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2019-02.

(iv) This acquisition is set aside for 100% Total Small Businesses. The associated North

American Industry Classification System (NAICS) code for this acquisition is 621111

– Offices of Physicians – Except Mental Health Specialists and the small business size is $11,000,000.00.

(v) The Contract Line Item Numbers (CLINS), Description, Quantities, and Units of

Measure are:

See Attachment A (Schedule of CLINS and Statement of Work.) The anticipated date for contract award is on or about September 2019.

(vi) The Contract shall provide for Medical Compliance Subject Matter Experts for the

Department of Homeland Security (DHS) Office of Civil Rights and Civil Liberties

(CRCL).

(vii) The period of performance for this requirement is a base period of twelve months, and includes four, twelve-month option periods. The primary place of performance shall be the contractor’s office or place of residence. The Contractor shall also perform work onsite at locations to be determined by CRCL.

(viii) The provision at Federal Acquisition Regulation (FAR) 52.212-1, Instructions to

Quoters – Commercial applies to this acquisition. The following addendum has been attached to this provision: Quoters’ submissions shall include the following information: Dun & Bradstreet Number (DUNS); North American Industrial

Classification System (NAICS) Code; Contact Name; Contact Email Address;

Contact Telephone and Fax Number; Complete Business Mailing Address. Quoters must submit the name and contact information of at least three relevant past performance references wherein they provided the same type and scope of service as required by this RFQ. References shall be for services provided within the last three years. Each Quoter shall submit their Technical Quotation and associated documents as a separate electronic attachment from the Pricing Quotation. The Pricing

Quotation attachment shall include the completed Pricing Table in Attachment A.

(ix) The provision at 52.212-2, Evaluation-Commercial Items applies to this acquisition.

The following factors shall be used to evaluate offers: 1) Technical Capability and

Understanding, 2) Management Approach, 3) Past Performance, and 4) Price.

Technical Capability and Understanding, Management Approach and Past

Performance are of descending order of importance. However, when combined, they are significantly more important than price. Price may become the determining factor for award as quotations become more equal based on other factors. The Government will determine whether the price, inclusive of all options (including the options available under FAR 52.217-8), is fair and reasonable, and whether the price of the base period and all option periods (including the option(s) represented by FAR

52.217-8), in combination with the other evaluation criteria specified in the solicitation, represents the best value to the Government. The technical quotation shall include details describing the contractor’s ability to provide the service requirements outlined in Attachment A and the Statement of Work. Technical quotation shall not exceed twenty (20) pages not including cover pages and statements of qualifications and other documentation. There are no page limitations to the price quotation.

(x) FAR 52.212-3 Quoter Representations and Certifications—Commercial Items. The

Quoter shall complete only paragraph (b) of this provision if the Quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items applies to this acquisition. The following addenda have been attached to this clause: None.

(xii) The provision at 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items, applies to this acquisition.

Additional FAR clauses applicable to this requirement are: The clause at 52.222-

3 Convict Labor, 52.222-21, Prohibition of Segregated Facilities, 52.222-22, Previous

Contracts and Compliance Reports, 52.222-25 Affirmative Action Compliance, 52.222-26 Equal Opportunity; 52.225-13 Restrictions on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer System for Award Management.

(xiii) The following additional clauses are cited: FAR 52.202-1 Definitions, 52.203-3

Gratuities, 52.203-5 Covenant Against Contingent Fees, 52.203-7 Anti-Kickback

Procedures, 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, 52.204-7 System for Award

Management, 52.204-19 Incorporation by Reference of Representations and

Certifications, 52.222-17 Non-Displacement of Qualified Workers, 52.222-50

Combat Trafficking in Persons, 52.223-18 Encouraging Contractor Policies to Ban

Text Messaging While Driving, 52.227-14 Rights in Data – General, 52.232-39

Unenforceability of Unauthorized Obligations, 52.233-1 Disputes, 52.233-3 Protest after Award, 52.233-4 Applicable Law for Breach of Contract Claim, 52.243-3 http://www.acquisition.gov/

Changes – Time and Materials and Labor Hour, 52.246-6 Inspection – Time and

Materials and Labor Hour, 52.217-8 Option to Extend Services, 52.217-9 Option to

Extend Term of the Contract; HSAR 3052.204-70 Security Requirements for

Unclassified Information Technology Resources, 3052.204-71 Contractor Employee

Access – Alt I, 3052.209-70 Prohibition on contracts with corporate expatriates, 3052.215-70 Key Personnel or Facilities, 3052.242-72 Contracting Officer’s

Technical Representative. Full text of FAR clauses and provisions incorporated by reference can be found at www.acquisition.gov and HSAR Clauses at http://farsite.hill.af.mil/VFHSARA.HTM

(xiv) Rating under the Defense Priorities and Allocations System (DPAS) – N/A.

(xv) Questions concerning this RFQ must be received via email to the point of contact noted below no later than 10:00 a.m. EST on Thursday, July 18, 2019. In order to receive responses to questions, Quoters must cite the section, paragraph number, and page number. Quotations are due no later than Wednesday, July 31, 2019–

10:00 a.m. EST and must be submitted electronically (via email) to the individuals noted in section “xvi”. A separate solicitation document is not available.

(xvi) For more information regarding this RFQ please contact Janice Brinkley, Contracting

Officer, (202) 447-0884 / Janice.Brinkley@hq.dhs.gov, AND Reva Brown, Contract

Specialist, (202) 447-5330/ Reva.Brown@hq.dhs.gov.

http://www.acquisition.gov/ http://farsite.hill.af.mil/VFHSARA.HTM mailto:Janice.Brinkley@hq.dhs.gov mailto:Reva.Brown@hq.dhs.gov

Schedule B Attachment

Base Period of Performance

CLIN 0001: Medical Expert Services

Description Estimated

Quantity Unit

Unit

Price Total Price

Medical Expert Services 160 Hours

Medical Expert Services 160 Hours

Total Estimated Ceiling

CLIN 0002: Travel

Description Estimated

Quantity Unit Unit Price Total Price

Travel 5 Trips TBD $10,000

Travel 5 Trips TBD $10,000

CLIN 0003: SURGE Support

Estimated

Quantity Unit

Unit

Price Total Price

SURGE Medical Expert Services

(Optional Line Item)

160 Hours

SURGE Medical Expert Services

CLIN 0004: SURGE Travel

Estimated

Quantity Unit Unit Price Total Price

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

Total Base Period Price: _________________________

Option Period 1

CLIN 1001: Medical Expert Services

Description Estimated

Quantity Unit

Unit

Price Total Price

Medical Expert Services 160 Hours

CLIN 1002: Travel

Estimated

Quantity Unit Unit Price Total Price

Travel 5 Trips TBD $10,000

CLIN 1003: SURGE Support

Estimated

Quantity Unit

Unit

Price Total Price

SURGE Medical Expert Services

CLIN 1004: SURGE Travel

Estimated

Quantity Unit Unit Price Total Price

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

Total Option Period 1 Price: _________________________

Option Period 2

CLIN 2001: Medical Expert Services

Description Estimated

Quantity Unit

Unit

Price Total Price

Medical Expert Services 160 Hours

CLIN 2002: Travel

Quantity Unit Unit Price Total Price

Travel 5 Trips TBD $10,000

CLIN 2003: SURGE Support

Estimated

Quantity Unit

Unit

Price Total Price

SURGE Medical Expert Services

CLIN 2004: SURGE Travel

Estimated

Quantity Unit Unit Price Total Price

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

Total Option Period 2 Price: _________________________

Option Period 3

CLIN 3001: Medical Expert Services

Description Estimated

Quantity Unit

Unit

Price Total Price

Medical Expert Services 160 Hours

CLIN 3002: Travel

Estimated

Quantity Unit Unit Price Total Price

Travel 5 Trips TBD $10,000

CLIN 3003: SURGE Support

Estimated

Quantity Unit

Unit

Price Total Price

SURGE Medical Expert Services

CLIN 3004: SURGE Travel

Quantity Unit Unit Price Total Price

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

Total Option Period 3 Price: _________________________

Option Period 4

CLIN 4001: Medical Expert Services

Description Estimated

Quantity Unit

Unit

Price Total Price

Medical Expert Services 160 Hours

CLIN 4002: Travel

Estimated

Quantity Unit Unit Price Total Price

Travel 5 Trips TBD $10,000

CLIN 4003: SURGE Support

Estimated

Quantity Unit

Unit

Price Total Price

CLIN 4004: SURGE Travel

Estimated

Quantity Unit Unit Price Total Price

SURGE Travel (Optional Line Item) 5 Trips TBD $10,000

Total Option Period 4 Price: _________________________

Total Price:

Period Price

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

Grand Total

SECTION I – SUPPLIES OR SERVICE/PRICES

1 CONTRACT TYPE

The Government anticipates awarding a multiple, Time and Materials (T&M) Contracts.

2 PRICING

See Schedule B Attachment.

SECTION II – STATEMENT OF WORK

1 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 abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials, as well as contractors used by DHS Components. CRCL’s

Compliance Branch is responsible for investigating these complaints. CRCL is also charged with overseeing compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by DHS programs and activities.

2 SCOPE

2.1 The purpose of this contract is to obtain Medical Subject Matter Experts (SME) to assist

CRCL in performing its investigatory and oversight functions. The selected subject matter experts shall primarily assist CRCL in conducting investigations involving medical issues in immigration detention facilities used by Immigration and Customs Enforcement (ICE) and

Customs and Border Protection (CBP), which shall include preparing reports related to the investigations. CRCL cannot accurately predict the locations nor the number of facilities that may require onsite reviews as it depends on the complaints received. The experts may also be asked to assist CRCL with other CRCL matters related to medical care, including reviews initiated by DHS leadership, consulting with substantive work groups, providing training, and other activities as requested.

2.2 Medical Compliance SME services are required to evaluate complaints received pursuant to

6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1 and also to oversee compliance with constitutional, statutory, regulatory, policy, and other requirements related to civil rights and civil liberties. In addition to evaluating complaints, the contractor 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 include, but are not limited to, conducting reviews of DHS facilities, providing training related to their areas of expertise, and other activities and projects related to medical care concerns, as tasked by CRCL, such as participating in work groups, developing or presenting briefings, and preparation of documents. In particular, the experts shall also be required to prepare detailed reports regarding their observations and findings, as well as to provide recommendations based upon applicable correctional standards. CRCL cannot accurately predict the extent of the related activities required as it depends on the complaints received.

3 REQUIREMENTS/TASKS

3.1 The Contractor shall review, evaluate and report on medical issues and advise CRCL on how

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

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

The nature of the work under this contract includes circumstances where Contractor personnel will likely investigate allegations and/or complaints pertaining to medical care associated with conditions of detention issues within DHS Components. Contractor 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 three years prior to the start of this contract, are not eligible to perform services on this contract in order to prevent the existence or appearance of conflicting roles that might affect a contractor’s judgement.

4.1 QUALIFIED PERSONNEL.

The Contractor shall provide qualified medical consultants to perform the requirements specified in this Statement of Work.

4.2 MINIMUM REQUIREMENTS FOR A MEDICAL CONSULTANT

4.2.1 The Contractor shall maintain an active medical license in at least one state and be board certified in family medicine or internal medicine.

4.2.2 The Contractor shall have at least 10 years of experience providing medical care in an adult detention setting.

4.2.3 The Contractor has certifications or special training related to providing medical care in a correctional setting, such as Certified Correctional Health Professional.

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

4.2.5 The Contractor shall have experience objectively critiquing the treatment provided by other medical practitioners in a detention setting.

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

4.2.7 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 inquiry.

4.2.8 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 medical care in a detention setting.

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

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

4.2.11 The Contractor shall demonstrate the ability to produce comprehensive reports that are well-written, clear, and cite relevant resources.

4.2.12 The Contractor shall demonstrate the ability to review large amounts of documentary evidence in short timeframes and provide oral briefings, written reports, and training under tight timelines.

4.2.13 The Contractor personnel must 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 personnel.

4.3 ENHANCING FACTORS

4.3.1 The Contractor has more than the minimum requirement of 10 years of experience providing medical care in an adult detention setting.

4.3.2 The Contractor has experience managing a health care program in a detention or other setting.

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

4.3.4 The Contractor has provided medical care in an immigration detention facilities.

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

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

4.3.7 The Contractor has reviewed and evaluated medical health services provided in an immigration detention facility.

4.3.8 The Contractor has multiple key personnel who meet the minimum requirements in the statement of work.

4.5 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS.

The Government may, at its sole discretion, direct the Contractor to remove any Contractor 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 Contracting Officer will provide the Contractor with a written explanation to support any request to end services.

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 Contracting Officer and Contracting Officer's Technical

Representative 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.

4.6 KEY PERSONNEL.

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for 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 person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the Contracting Officer. The Medical Consultant is designated as

Key by the Government for this requirement.

4.7 NOTICE REGARDING APPEARANCE OF CONFLICT

The nature of the work under this contract includes circumstances where Contractor personnel will likely investigate allegations and/or complaints pertaining to medical care issues within

DHS Components. Contractor 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 three years prior to the start of this contract, are not eligible to perform services on this contract in order to prevent the existence or appearance of conflicting roles that might 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 Contracting Officer and Contracting Officer's Technical

Representative 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 POST AWARD MEETING.

The Contractor shall participate in a Post Award Meeting with the Contracting Officer and the

COR no later than five (5) business days after the date of award. The purpose of the Post Award

Meeting is to discuss the contracting objectives of this contract. The Post Award Meeting will be held at the Government’s facility or via teleconference or conference call.

6 GENERAL REPORTING REQUIREMENTS

The contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS Microsoft Office applications.

6.1 PROGRESS REPORTS.

The Project Manager (Contractor) shall provide progress reports as needed to the Contracting

Officer and COR via electronic mail. This report shall include a summary of all Contractor work performed, including an assessment of technical progress, written and analytical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous reporting period.

6.2 PROGRESS MEETINGS.

The Contractor shall be available to meet with the COR or CRCL 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 or via telephone or email.

7 INTELLECTUAL PROPERTY.

All reports generated, documentation produced and research conducted in the performance of this requirement shall be the property of DHS.

8 PROTECTION OF INFORMATION.

Contractor access to information protected under the Privacy Act is required under this contract.

Contractor access to unclassified Security Sensitive Information and Law Enforcement Sensitive information will be required under this contract. This documentation will be provided to the

Contractor in person, by mail, or by email. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and

Government policy and regulation.

The Contractor shall be required to submit a signed Non-Disclosure Agreement hereby incorporated as “Non-Disclosure Agreement.”

9 GOVERNMENT FURNISHED RESOURCES.

The Contractor will be furnished with Security Sensitive information for review and analysis.

This documentation will be provided to the contractor in person, by mail courier, or by email.

The Contractor shall safeguard this information against unauthorized disclosure or dissemination. Further, the Contractor maybe furnished with DHS Laptops.

10 CONTRACTOR FURNISHED PROPERTY

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

SECTION III – DELIVERIES AND PERFORMANCE

1 PERIOD OF PERFORMANCE

The period of performance for work performed under this contract consists of a one year base period of performance, and four (4) one-year optional periods of performance.

2 PLACE OF PERFORMANCE

The place of performance for work performed under this contract shall be at the Contractor’s site or Contractor’s remote location.

2.1 Travel

The Contractor is required to travel to support this contract. All travel required by the

Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. Time n travel costs are not reimbursable. The

Contractor shall be responsible for obtaining the Contracting Officer’s Representative (COR) approval for all reimbursable travel in advance of each travel event. The Contractor shall also submit by email within 30 days to both the COR and the DHS Invoicing Team an invoice for work and travel performed. The invoice shall include required information outlined in the contract. Failure to submit a timely invoice may result in reimbursement and delays.

3 DELIVERABLES AND DELIVERY SCHEDULE

The Contractor shall ensure and that 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 documentation deliverables shall be provided in hard and soft copy using MS Office applications. Daily, weekly and interim information deliverables and working-copy products may be provided by email or disk, as arranged with the COR.

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

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 the

Contracting Officer.

3.1 Deliverables

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

Electronic copies shall be delivered via email attachment or other media by mutual agreement of the parties. All electronic deliverables shall be prepared using Microsoft applications in formats selected by the Contractor. All deliverables shall be delivered via email to the COR, the

Assigned CRCL POC and to the Contracting Officer, as indicated below. The Contractor’s deliverables shall not contain any identifiable corporate markings.

ITEM

DELIVERABLE / EVENT DUE BY

1 Post Award Meeting 5 business days of date of award.

2 Progress Reports 3 business days following request.

3 Draft Investigative Reports

COR CHECKPOINT Within 10 business days of receipt of assignment or completion of investigative work: Contractor shall submit draft to 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 shall be responsible for making changes to the draft.

The COR must be copied on all assignment correspondence.

Oral Briefings and Ad Hoc

Reports or Project-related work

COR CHECKPOINT Due date to be determined by

COR and/or assigned CRCL POC and Contractor.

5 Edits to Reports and Documents 5 business days after receipt of government comments.

4 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.

SECTION IV – CONTRACT ADMINISTRATION DATA

1 KICK-OFF MEETING

The Contractor shall attend a Kick-Off meeting with the COR and members of the Program

Office no later than 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.

2 CONTRACTING OFFICER

The Contracting Officer is the only individual who can legally commit or obligate the

Government for the expenditure of public funds and authorize revisions of the terms and conditions of this contract. The Contracting Officer shall authorize any such revision in writing.

The Contracting Officer is: Ms. Janice Brinkley

Department of Homeland Security

Office of Procurement Operations

Telephone: (202) 447-5574

E-Mail: Janice Brinkley@hq.dhs.gov

The Contract Specialist is: Ms. Reva Brown

Department of Homeland Security

Office of Procurement Operations

Phone: (202) 447-5330

E-mail: reva.brown@hq.dhs.gov

3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate in writing a Contracting Officer’s Representative (COR) to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to 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.

The COR for this contract is: TBD

Note: The COR’s contact information will be provided at contract award.

mailto:Janice mailto:reva.brown@hq.dhs.gov

SECTION V - INVOICE AND PAYMENT PROVISIONS

1 INVOICES

Invoices shall be prepared in accordance with FAR Clauses 52.232-7 Payments under Time-and-

Materials and Labor-Hour Contracts. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

a) Cover sheet identifying DHS;

b) Contract Number;

c) Modification Number, if any;

d) DUNS Number;

e) Month services provided

f) CLIN and Accounting Classifications

The Contractor shall submit one invoice by the 5th day of each month.

Contract Line Item Number (CLIN) for each billed item:

a) Time and Materials and Labor Hour – 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 the services provided. The Contractor shall indicate the associated CLIN, dollar amount invoiced, and service completed. All invoices shall include the current amount billed along with a cumulative amount billed and remaining balance.

The Contractor shall submit the invoice electronically to the address below:

E-mail: MGTInvoice.Consolidation@ice.dhs.gov

The Contractor shall simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

a) ATTN: Office of Procurement Operations/Reva Brown (Contract Specialist)

E-mail: reva.brown@hq.dhs.gov

b) ATTN: Office of Procurement Operations/Janice Brinkley (Contracting Officer)

E-mail: Janice.Brinkley@hq.dhs.gov

c) ATTN: Office of Civil Rights and Civil Liberties /TBD (COR)

E-mail: TBD mailto:MGTInvoice.Consolidation@ice.dhs.gov mailto:reva.brown@hq.dhs.gov mailto:Janice.Brinkley@hq.dhs.gov mailto:Tanya.Hill@hq.dhs.gov

SECTION VI – SPECIAL CONTRACT REQUIREMENTS

1 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.

The procedures outlined below shall be followed for the DHS Office of Security, Personnel

Security Division (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.

DHS may, as it deems appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. 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 contract. 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 Contracting Officer’s Representative

(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).

2 SECURITY OFFICE CONTACT

Office of Security/PSD

Customer Service Support

Washington, DC 20528

Telephone: (202) 447-5010

E-mailbox: officeofsecurity@hq.dhs.gov

3 NON-DISCLOSURE AGREEMENT

The Contractor shall submit an executed Non-Disclosure Agreement (Attachment A) for each individual performing under this contract. The Contractor shall submit copies of the Non-

Disclosure Agreement to the Contracting Officer and COR prior to an individual beginning performance under this contract.

mailto:officeofsecurity@hq.dhs.gov

4 DISCLOSURE OF INFORMATION

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

Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must 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 must 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.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall 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 must be notified in writing by the

Contractor that information disclosed to such officer or employee can be used only for a 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.

5 NON-PERSONAL SERVICES

The services required under the contract constitute professional support services, which are essential to the mission but not otherwise available within. The Government will neither supervise Contractor 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 Contractor employees. It shall be the responsibility of the Contractor to manage their 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 further responsibility to notify the Contracting Officer 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 will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

5.1 Employee Identification

Contractor employees visiting Government facilities shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

All Contractor employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages.) and display the Government-issued badge in plain view above the waist at all times.

5.2 Employee Conduct

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at

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

5.3 Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor 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 the contract.

The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

6 OTHER APPLICABLE CONDITIONS

6.1 Security

Contractor access to unclassified, but Sensitive Security Information (SSI) or Personally Identifiable

Information (PII), may be required under this contract. Contractor staff members shall safeguard this information against unauthorized disclosure or dissemination. Contractor staff members are not required to have a security clearance; however, a background investigation and a suitability determination will be conducted on contractor personnel assigned to this contract.

6.1.1 Protection of Information

Contractor access to sensitive but unclassified information is required under this SOW.

Contractor 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. The Contractor shall ensure that all Contractor personnel file://///hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc%23Security having access to business or procurement-sensitive information sign a non-disclosure agreement

(DHS Form 11000-6).

6.1.2 Contractor Employee 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.

“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 on this contract must 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 Contracting Officer. Upon the

Contracting Officer'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 Contracting Officer may require the contractor to prohibit individuals from working on 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, insubordination, incompetence, or security concerns.

Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. 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 the individual must receive a security briefing, which the Contracting Officer’s Representative (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 contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other 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 access to DHS networks from a remote location is a temporary 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 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 contracting officer.

6.1.3 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,…