70RDAD22Q00000232 - Law Enforcement and Policing SME.pdf

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.106, 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 purchase order under Simplified Acquisition Procedures (SAP) using FAR Part 13.

(ii) The Request for Quote (RFQ) or Reference Number is: 70RDAD22Q00000232

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

Federal Acquisition Circular (FAC) 2022-07.

(iv) This acquisition is set aside for 100% for Small Businesses. The associated North American Industry Classification System (NAICS) code for this acquisition is 561611: Investigative Services.

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

See Schedule B Attachment (Schedule of CLINS and Statement of Work.).

(vi) The Contract shall provide for Policing and Law Enforcement Subject Matter Expert

(SME) Services for the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL). See SECTION II – STATEMENT OF

WORK

(vii) The period of performance for this requirement is a base period of twelve months, and four, twelve-month option periods. The primary place of performance shall be the contractor’s designated facility. 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 Offerors – Commercial applies to this acquisition. The following Addendum has been attached to this provision: See SECTION IX –

INSTRUCTIONS, CONDITIONS AND NOTICES.

(ix) The provision at 52.212-2, Evaluation-Commercial Items applies to this acquisition. The following factors shall be used to evaluate offers: See

SECTION X – EVALUATION CRITERIA FOR AWARD

(x) FAR 52.212-3 Offeror Representations and Certifications—Commercial Items

(FEB 2021). 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 accessed through http://www.acquisition.gov.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) 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 (JUL 2021), applies to this acquisition. Additional FAR clauses applicable to this requirement are: See SECTION VII – CONTRACT CLAUSES.

The following additional clauses are cited: See SECTION VII – CONTRACT

CLAUSES.

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

(xiv) Questions concerning this RFQ must be received via email to the point of contact noted under in paragraph “xv”. SECTION IX – INSTRUCTIONS, CONDITIONS AND NOTICES for additional info.. A separate solicitation document is not available.

(xv) For more information regarding this RFQ please contact Amy Driver, Contracting Officer, (202) 843-0131 / Amy.Driver@hq.dhs.gov, and Akilah Bullock, Contract Specialist, Akilah.Bullock@hq.dhs.gov.

SECTION I – SUPPLIES OR SERVICE/PRICES

1 CONTRACT TYPE

The Government contemplates awarding a Time and Materials (T&M) Contract to provide Policing and Law Enforcement Subject Matter Expert (SME) Services to the U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL).

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 program support services from a law enforcement and policing practices expert to assist CRCL in carrying out its mission. The Subject Matter Expert will assist CRCL in: (1) the review and assessment of civil rights or civil liberties allegations involving DHS law enforcement or policing practices issues that result from or are related to a DHS program or activity; and (2) the development of policy recommendations designed to address any identified problems. The expert will also serve as a consultant on other CRCL matters related to law enforcement or policing practices, including reviews initiated by DHS leadership, substantive work groups, and other activities

2.2 Policing and Law Enforcement 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 DHS law enforcement or policing practices 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 standards. CRCL cannot accurately predict the extent of the related activities required because it depends on the complaints received.

3 REQUIREMENTS/TASKS

3.1 The Contractor personnel shall review, evaluate, and report on alleged violations of civil rights or civil liberties related to DHS law enforcement or policing practices and advise CRCL on the impact of their findings on Department policies and practices.

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 law enforcement or policing 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.

4 CONTRACTOR PERSONNEL

4.1 QUALIFIED PERSONNEL

The Contractor shall provide qualified policing and law enforcement personnel to perform the requirements specified in this Statement of Work.

4.2 MINIMUM REQUIREMENTS FOR A POLICING AND LAW ENFORCEMENT

CONSULTANT

4.2.1 The Contractor shall have a bachelor’s degree in criminal justice or a related field.

4.2.2 The Contractor personnel shall have at least 10 years of experience working in law enforcement or the law enforcement oversight field, including 5 years supervisory and administrative experience.

4.2.3 The Contractor personnel, as a group, shall have experience with some of the law enforcement or policing practices issues relevant to DHS. These include urban and rural policing (preferably including experience at or near the U.S. border), patrol, supervision, reporting and documentation, custody, use of force, joint state and local federal taskforces, and tactical operations. They also include policy development, training, internal affairs or other internal accountability systems, and data collection and analysis

4.2.4 The Contractor personnel shall be knowledgeable about the constitutional and legal requirements governing different aspects of law enforcement and policing practices.

4.2.5 The Contractor personnel shall have experience investigating, auditing, or otherwise evaluating allegations of civil rights or civil liberties violations related to law enforcement or policing practices.

4.2.6 The Contractor personnel shall have experience producing well written reports that evaluate allegations of civil rights or civil liberties violations related to law enforcement or policing practices.

This shall include analysis and application of standards and policy.

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

4.2.8 The Contractor personnel shall be able to review large amounts of documentary evidence in short timeframes and provide oral briefings, written reports, or training, as needed.

4.2.9 The Contractor 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 personnel.

4.3 Preferred Contractor Qualifications

4.3.1 The Contractor has a master’s degree or other graduate degree in criminal justice or a related field.

4.3.2 The Contractor has at least 20 years of experience working in law enforcement or the law enforcement oversight field.

4.3.3 The Contractor personnel, as a group, have experience with all or most of the law enforcement or policing practices issues relevant to DHS. These include urban and rural policing (preferably including experience at or near the U.S. border), patrol, supervision, reporting and documentation, custody, use of force, joint state and local federal taskforces, and tactical operations. The experience also includes policy development, training, internal affairs or other internal accountability systems, and data collection and analysis.

4.3.4 The Contractor has prior experience working with the Federal law enforcement and is familiar with the Department, its authority, and its work.

4.3.5 The Contractor has multiple key personnel who meet the minimum requirements in the 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, and four (4) one-year optional periods.

2 PLACE OF PERFORMANCE

The place of performance shall be the contractor’s approved facilities. The Contractor shall also perform work onsite at locations to be determined by CRCL.

3 HOURS OF OPERATION

Services will generally not be required on the following Federal holidays (or any other holidays declared by the Government); however, the Contractor may be required to provide services on these days in support of mission critical situations.

• New Year’s Day

• Martin Luther King’s Birthday

• Inauguration Day (Metropolitan DC only)

• President’s Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

No work shall be performed by Contractor personnel on Government facilities on Federal holidays or other non-work says without prior written approval of the COR.

4 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 documentation deliverables shall be provided in 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.

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.

Draft Investigative Reports

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

Due date to be determined by COR and/or assigned CRCL POC and Contractor.

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

4.1.1 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.

4.1.2 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.

4.1.3 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.

4.1.4 Progress Reports

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

SECTION IV – CONTRACT ADMINISTRATION DATA

1 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 Amy Driver, Amy.Driver@hq.dhs.gov

The Contract Specialist is Akilah Bullock, Akilah.Bullock@hq.dhs.gov

2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR for this contract is: TBD

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

SECTION V - INVOICE AND PAYMENT PROVISIONS

1 INVOICES

Invoices shall be prepared in accordance with FAR Clauses 52.232-25 Prompt Payment. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

1. Name and address of the contractor.

2. Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

3. Purchase Order number and period of performance or other authorization for supplies delivered or services performed (including order number and contract line-item number).

4. Description

5. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Any other information or documentation required by the IDIQ or order (e.g., evidence of shipment)

6. Name and address of contractor official to whom payment is to be sent (must be the same as that in www.sam.gov).

7. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8. Electronic funds transfer (EFT) banking information.

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

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/Amy Driver Email: Amy.Driver@hq.dhs.gov

b) ATTN: Office of Procurement Operations/Akilah Bullock E-mail: Akilah.Bullock@hq.dhs.gov

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

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) 85-P ― Questionnaire for Public Trust Positions

b) SF-85P Certification

c) SF-85P Authorization for Release of Information

d) FD Form 258 ― Fingerprint Card (2 copies)

e) DHS Form 11000-6 ― Conditional Access to Sensitive but Unclassified Information Non-

Disclosure Agreement

f) 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 DHS OCSO/PSD may, as it deems appropriate, authorize and grant a favorable Entry on Duty (EOD) decision based on preliminary checks. A favorable EOD decision allows a contractor employee to commence work temporarily prior to the completion of the full background investigation. The granting of a favorable EOD decision shall not be considered as assurance that a favorable fitness determination will follow. In addition, a favorable EOD or fitness 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 or fitness determination by the DHS OCSO/PSD. Limited access to Government buildings is allowable without an EOD decision if the Contractor is escorted by a Government employee and the purpose of the visit is to attend a limited number of required briefings or nonrecurring meetings in order to facilitate the transition of a contract The intent of this statement is to allow a minimum amount of meetings/transition attendances to prepare for a new contract.

The DHS OCSO/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 a favorable Entry on Duty or fitness determination by the DHS Office of the Chief Security Officer (OCSO), Personnel Security Division (PSD), to access this information.

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 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.

Notification of consulting teaching, speaking, and writing activities: Contractor employees shall notify the Contracting Officer’s Representative before engaging in consulting, teaching, speaking, or writing activities if:

The information conveyed through the activity draws substantially on knowledge or official data that are nonpublic information as defined in 5 C.F.R. § 2635.703(b);

The subject of the activity deals in significant part with work performed under the contract;

or

The subject of the activity deals in significant part with any ongoing or announced policy, program, or operation of the agency.

Notice shall be provided at least seven days prior to engaging in the activity. The scope of the notification is not intended to include work in the expert’s area of expertise that does not derive from work done for DHS.

Disclosures of Information in Litigation: Contractor employees shall comply with 6 C.F.R. Part 5, Subpart C, including 6 C.F.R. §§ 5.44 and 5.49. Those regulations generally prohibit contractor employees from testifying in connection with litigation based upon information acquired in the scope and performance of their official Department duties, except as authorized by the Department.

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 law enforcement 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 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 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 OTHER APPLICABLE CONDITIONS

5.1 Security

5.1.1 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 VII – CONTRACT CLAUSES

1 CLAUSES INCORPORATED BY REFERENCE

Federal Acquisition Regulation (FAR) Clauses / Provisions Clause Title Date 52.203-16 Preventing Personal Conflicts of Interests Dec 2011 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-14 Service Contract Reporting Requirement Jan 2014 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment Aug 2019

52.212-4 Contract Terms and Conditions-Commercial Items Oct 2018 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—

Commercial Item Acquisition Feb 2007

52.217-5 Evaluation of Options Jul 1990 52.222-50 Combating Trafficking in Persons Mar 2015 52.224-3 Privacy Training Alternate 1 Jan 2017 52.232-1 Payments Apr 1984 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts Aug 2012 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management Jul 2013

52.243-3 Changes—Time-and-Materials or Labor-Hours Sept 2000 52.246-6 Inspection — Time-and-Material and Labor-Hour May 2001 Homeland Security Acquisition Regulation (HSAR) Clauses / Provisions Clause Title Date 3052.205-70 Advertising, Publicizing Awards and Releases Sep 2012 3052.203-70 Instructions for Contractor Disclosure of Violations Sep 2012

3052.228.70 Insurance Dec 2003

3052.242-72 Contracting Officer’s Technical Representative Dec 2003

2 PROVISIONS INCORPORATED BY FULL TEXT

FAR 52.204–24, REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

3 CLAUSES INCORPORATED BY FULL TEXT

FAR 52.203-17: Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L.

112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

FAR 32.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020)

(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(1) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(d) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause—

“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).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration date.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 12 months; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

HSAR 3052.204-71 Contractor Employee Access (SEP 2012) Alternate I

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, 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:

(1) 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, Pub. L. 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);

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

(3) 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

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

(b) “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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer's Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR 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 COTR, 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.

(i) 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).

(j) 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.

(k) 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:

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

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship…