RFP - 1449.pdf

RFP 70RFP124RE2000003, PSO Services throughout Queens, NY

TABLE OF CONTENTS

Standard Form 1449 (all pages, including Pricing Schedule, are to be completed in their entirety)

Contract Clauses (Paperclipped to 1449)

Contract Documents, Exhibits and Attachments (Paperclipped to 1449)

• Statement of Work (Attachment 1)

• PSO Smart Book (Attachment 1a)

• PSO Master Cert List (Attachment 2)

• PSO Personnel Folder Outline (Attachment 2a)

• SOW Exhibits 1-16 (Attachment 2b)

• Past Project Form (Attachment 3)

• Past Performance Questionnaire (Attachment 4)

• Department of Labor Wage Determination(s) (Attachment 5)

• Price Element Breakdown (Attachment 6)

• Instructions for the Price Element Breakdown Template (Attachment 6a)

• Award Approval Request (Attachment 7)

• Field Level Supervision Exhibit (Attachment 8)

• Proposal Submission Checklist (Attachment 9)

• PSO Seniority List (Attachment 10)

Provisions (Paperclipped to 1449)

February 2024 Version

4 09

5/ 0 6

FOR OFFICIAL USE ONLY (FOUO)

DEPARTMENT OF HOMELAND SECURITY

FEDERAL PROTECTIVE SERVICE

STATEMENT OF WORK

FOR

PROTECTIVE SECURITY OFFICER SERVICES (PSO)

JULY 2019 VERSION – 1

Updated July 2019

TABLE OF CONTENTS

1 INTRODUCTION

1.1 GENERAL INFORMATION

1.2 FEDERAL PROTECTIVE SERVICE

1.3 ACRONYMS

1.4 FEDERAL MANAGEMENT REGULATIONS (FMR) AND OTHER APPLICABLE DOCUMENTS

1.5 SECURITY MANUAL AND RESOURCE TOOL (SMART) BOOK

1.6 Contractor Cooperation in Litigation and Other Related Matters……………………………………………………………9

2 CONTRACT TRANSITION

2.1 PHASE – IN

2.2 PHASE – OUT OF CONTRACT AND CONTINUITY OF SERVICES

2.3 CONFERENCES AND MEETINGS

3 PLANS

3.1 GENERAL

3.2 TRANSITION PLAN

3.3 TRAINING PLAN

3.4 QUALITY CONTROL PLAN

3.5 CONTINUITY OF OPERATIONS(COOP) PLAN

3.6 PRIVACY ACT, RECORD MANAGEMENT, AND IT SECURITY REQUIREMENTS

4 AUTHORITY AND JURISDICTION; LICENSES AND PERMITS; AND ADHERENCE TO LAWS

4.1 GENERAL INFORMATION

4.2 STATE AND LOCAL REQUIREMENTS

4.3 CARRIAGE OF LICENSES AND PERMITS

4.4 LICENSES FEES

5 QUALIFICATION OF PSO AND PSO SUPERVISOR

5.1 GENERAL INFORMATION

5.2 MEDICAL AND PHYSICAL QUALIFICATIONS

5.3 FITNESS DETERMINATIONS

5.4 ENTRY ON DUTY (EOD) DECISIONS

5.5 FAVORABLE DETERMINATIONS

5.6 UNFAVORABLE DETERMINATIONS

5.7 SECURITY CLEARANCES

5.8 SECURITY CLEARANCE REQUIREMENTS

5.9 SECURITY CLEARANCE DETERMINATIONS

6 TRAINING

6.1 GENERAL INFORMATION

6.2 TRAINING SCHEDULE

6.3 TRAINING CERTIFICATIONS

6.4 TRAINING REQUIREMENTS

6.5 AUTOMATED EXTERNAL DEFIBRILLATOR (AED), CARDIOPULMONARY RESUSCITATION (CPR), FIRST AID, OR EMERGENCY

MEDICAL TECHNICIAL (EMT)………………………………………………………………………………………………………………………..33

6.6 WEAPONS TRAINING AND QUALIFICATION

6.6.1 General Information

6.6.2 Firearms Training

6.6.3 Firearms Qualification

6.6.4 Transitional Weapon Training and Qualification

6.6.5 Weapon Platform Training and Qualification

6.6.6 Intermediate Weapons Training

6.7 NATIONAL WEAPONS DETECTION TRAINING PROGRAM (NWDTP) USING TRAIN‐THE‐TRAINER METHOD

6.7.1 Definitions

6.7.2 NWDTP Instructors

6.7.3 NWDTP Instructor Training and Certification Requirements

6.7.4 PSO Training and Certification Requirements

6.7.5 Reporting Requirements and Deliverables

6.8 GOVERNMENT‐PROVIDED TRAINING

6.8.1 Scheduling of Government‐Provided Training and Testing

6.8.2 PSO Orientation Briefing

6.9 OTHER SPECIAL TRAINING

6.10 ANNUAL IRS SECURITY AWARENESS TRAINING (DELEGATED FACILITIES)

7 CONTRACTOR AND PSO FILES

7.1 MASTER CERTIFICATION LIST

7.2 PERSONNEL FILES

7.3 AUDIT OF PERSONNEL FILES

7.4 TRAINING AND ACADEMY MANAGEMENT SYSTEM (TAMS)

8 WAIVERS AND DEFERMENTS

9 REQUIRED SERVICES

9.1 ORDER OF PRECEDENCE

9.2 POST ORDERS

9.3 TIME AND ATTENDANCE

9.4 FPS 139, RECORD OF TIME OF ARRIVAL AND DEPARTURE FROM BUILDINGS (DURING SECURITY HOURS)

9.5 POST TRACKING SYSTEM (PTS)

9.6 REPORTS, RECORDS, AND TESTIMONY

9.7 POST TYPES

9.8 TYPICAL POST DUTIES

9.8.11 Traffic Control

9.8.12 Receipt, Use and Safeguarding of Keys

9.8.13 Security and Safety Systems

9.8.14 Rules and Regulations Governing Conduct on Federal Property

9.8.15 Physical Security, Law, and Order

9.8.16 Hazardous Conditions

9.8.17 Response to Injury or Illness

9.8.18 Civil Disturbances

9.8.19 Emergencies

9.8.20 Primary Security Responses

9.8.21 Additional Duties

10 CONDUCT OF CONTRACTOR PERSONNEL

10.1 GENERAL INFORMATION

10.2 REPORTING ADVERSE INFORMATION

10.3 GOVERNMENT DIRECTED REMOVAL OF CONTRACTOR EMPLOYEES

10.4 CONTRACT EMPLOYEE REINSTATEMENTS

11 KEY PERSONNEL

11.1 GENERAL INFORMATION

11.2 CONTRACT MANAGER

11.3 TRAINING INSTRUCTORS

11.4 NWDTP INSTRUCTOR QUALIFICATIONS

11.5 QUALITY CONTROL MONITORS

12 OPERATIONS

12.1 WORK SITE

12.1.1 Schedule

12.1.2 Breaks

12.1.3 Compliance

12.2 CONTRACT EFFORT REQUIRED

12.2.1 Productive Hours

12.2.2 Reserve Forces

12.2.3 Emergency Security Services (ESS)

12.2.4 Temporary Additional Service (TAS)

12.2.5 Supervision

12.2.6 Incident Reporting

12.2.7 Open Post

13 GOVERNMENT‐PROVIDED EQUIPMENT

13.1 GENERAL INFORMATION

13.2 USE OF GOVERNMENT–PROVIDED EQUIPMENT

13.3 ACCOUNTABILITY OF GOVERNMENT EQUIPMENT

13.4 SAFEGUARDING GOVERNMENT EQUIPMENT

13.5 DHS HSPD‐12 PERSONAL IDENTITY VERIFICATION (PIV) CARDS

13.6 NWDTP EQUIPMENT

14 CONTRACTOR‐PROVIDED EQUIPMENT

14.1 GENERAL INFORMATION

14.2 COMMUNICATIONS EQUIPMENT

14.3 VEHICLES

14.4 FIREARMS, AMMUNITION, ANDINTERMEDIATE WEAPONS

14.5 PERSONAL PROTECTIVE EQUIPMENT (PPE)

14.6 UNIFORMS AND GROOMING

14.7 SUPPLEMENTARY EQUIPMENT

14.8 PTS COMPUTER/TABLET/KIOSK DEVICES

15 QUALITY CONTROL, QUALITY ASSURANCE, AND PERFORMANCE EVALUATIONS

15.1 QUALITY CONTROL

15.2 QUALITY ASSURANCE

16 EXHIBITS AND ATTACHMENTS LIST

17 DELIVERABLES

1 Introduction

1.1 General Information

1.1.1 This is a Statement of Work (SOW) for the Department of Homeland Security (DHS), Federal Protective Service (FPS) to provide Protective Security Officer (PSO) services to:

Provide armed Protective Security Officers, as defined in the statement of work and contract exhibits, at federally owned, leased, or occupied facilities protected by the Federal Protective Service at various locations located in (Queens, New York); In furnishing these services, provide all necessary management, supervision, personnel, materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate, and ensure effective performance of, and conformance to all aspects of the statement of work.

1.1.2 FPS considers PSO positions equivalent to the Department of Labor, Service Contract Act Directory of Occupations, 27102 Guard II.

1.1.3 FPS considers PSO positions equivalent to the Occupational Safety and Health Administration (OSHA) First Responder, Awareness Level, 29 CFR 1910. 120(q)(6)(i).

1.1.4 The Contractor shall provide and maintain all oversight, management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre‐ employment screenings, reports, files, and any other resources necessary to accomplish PSO services as described and required within this SOW. This shall include any revisions to the SOW and associated attachments and exhibits, as specified in contract modifications.

1.1.5 The Contractor may be financially liable for accepting or implementing changes by anyone other than the Contracting Officer (CO); therefore, the Contractor shall be responsible for verifying with the CO whether the Contractor should provide any requested changes pending issuance of a contract or task order modification.

1.1.6 Where the Government identifies and references Solicitation/Contract Section numbers, that reference refers to that Section in its entirety, to include all subsections having the same number prefix. References to United States citizenship and locations include those areas designated as U.S. territories or commonwealths.

1.2 Federal Protective Service

1.2.1 The Federal Protective Service protects Federal facilities and those who occupy them by conducting law enforcement and protective security services and leveraging access to the intelligence and information resources of our network of Federal, state, local, tribal, territorial, and private sector partners. From our protective security and law enforcement personnel, to those who support the operations of the Federal Protective Service, we approach our mission as one team.

Every day we protect the homeland by managing risk and ensuring continuity for one of the most crucial elements of our national critical infrastructure, our Nation's Federal facilities.

1.2.2 PSOs perform an exceptionally crucial role in support of the FPS mission and are typically the first contact for visitors within a Federal facility. In this exceedingly visible role, PSOs serve as a vital defense‐in‐depth countermeasure. Contractors and their employees shall be vigilant in performing their duties in a courteous and professional manner.

1.3 Acronyms

1.3.1 This SOW contains numerous acronyms. Upon introduction of a new term, an acronym shall appear in parentheses; below is a list of acronyms, not all‐inclusive, that appear in this document multiple times.

American Heart Association (AHA) American Red Cross (ARC)

Automated External Defibrillator (AED)

Cardiopulmonary Resuscitation (CPR)

Be on the Look Out (BOLO)

Code of Federal Regulations (CFR)

Continuity of Operations (COOP) Contracting Officer (CO)

Contracting Officer’s Representative (COR) Cybersecurity Infrastructure Security Agency (CISA

Defense Security Service (DSS) Department of Homeland Security (DHS)

Department of Labor (DOL) Entry on Duty (EOD)

Fair Labor Standards Act (FSLA) Federal Bureau of Investigation (FBI)

Federal Management Regulation (FMR)

General Services Administrative (GSA)

Federal Protective Service (FPS)

Homeland Security Presidential Directive (HSPD)

Information Technology (IT)

Minimum Background Investigation (MBI)

National Protective Security Officer Lesson Plan

(NPSOLP)

National Weapons Detection Training Program

(NWDTP)

Master Certification List (MCL)

National Industrial Security Program Operating Manual (NISPOM)

National Statement of Work (NSOW)

National Weapons Detection Training Program

(NWDTP)

On the Job Training (OJT)

On the Job Training (OJT)

Personal Identification Verification (PIV) Card

Program Manager (PM)

Occupational Health and Safety Administration

(OSHA)

Post Tracking System (PTS)

Protective Security Officer (PSO)

Protective Security Operations Officer

(PSOO)

Service Contract Act (SCA)

PSO Security Manual and Resource Tool (SMART) Book

Training Academy Management System (TAMS)

Training and Development (TPD)

Visitor Authorization Report (VAR)

Train-the-Trainer (TTT)

United States Code (USC)

1.4 Federal Management Regulations (FMR) and Other

Applicable Documents

1.4.1 The Federal Management Regulation (FMR), Title 41 CFR 102‐74, regulates allowable conduct of persons entering in facilities or on Equipment under the charge and control of the General Services Administration (GSA).

1.4.2 The basic procedures for operation, maintenance, and protection of federal facilities and government equipment are contained within government regulations and FPS policies. The requirements contained in this contract are derived from such regulation and policy.

1.4.3 The Contracting Officer’s Representative (COR) will furnish Post Desk Books, containing complete duty instructions for each post. Post Desk Books are the property of the government for use by the contractor. The Contractor and Contractor Employees shall not remove, or allow the removal of, the Post Desk Book from post or reproduce, in any manner, any content of a Post Desk Book unless specifically authorized in writing by the Protective Security Operations Officer (PSOO).

At no time shall the vendor place company information in the Post Desk Book.

1.4.4 Post Desk Books, Post Orders, Operational memorandums, directives, or other supplemental information may be identified and marked according to a specific sensitivity, such as;

For Official Use Only (FOUO), Sensitive But Unclassified (SBU), or Law Enforcement Sensitive (LES).

The Contractor and Contractor Employees shall safeguard this type of information or material appropriately and shall not disclose any such information or material to individuals outside the FPS and PSO communities.

1.5 FPS PSO Security Manual and Resource Tool (SMART) Book

1.5.1 The Contractor shall ensure all PSOs read and understand the content of the FPS PSO SMART Book [Attachment 1] prior to providing security services under this contract.

1.5.2 The Government will maintain a copy of the PSO SMART Book at each post. With the exception of the requirement at 1.5.2, the Contractor shall not remove or provide a copy of the PSO SMART Book to anyone.

1.6 Contractor Cooperation in Litigation and Other Related Matters

1.6.1 In the event the Federal Protective Service or the Department of Homeland Security is named as or later becomes a party to any lawsuit, claim, or compliant, grievance or administrative action which involves an allegation of discrimination or retaliation under the Americans with Disability Act of 1990 (42 U.S.C. §§ 12101-12213), the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C.

621 et seq.). Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Equal Pay Act (29 U.S.C. 206(d)), or the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C 200ff et seq.), brought by one or more of Contractor’s employees, Contractor agrees:

a. To provide to the Federal Protective Service and/or the Department of Homeland Security, upon request, copies of all nonprivileged documents (to include electronic communications such as email), which relate to or are otherwise relevant to the action, conduct, or matter at issue in the lawsuit, claim, complaint, grievance or administrative action.

b. To allow Federal Protective Service and/or the Department of Homeland Security, upon request, to interview and Contractor employees, regarding nonprivileged matters which relate to or are otherwise relevant to the action, conduct, or matter at issue in the lawsuit, claim, complaint, grievance, or administrative action.

c. To make its employees appear for testimony, in a paid status, st the request of the Federal Protective Service or Department of Homeland Security, regarding any relevant nonprivileged matters, including at disposition and hearings in any lawsuit, claim, complaint, grievance or administrative action; and to require its employees to cooperate with Federal Protective Service and/or Department of Homeland Security counsel in responding to any discovery requests.

Contractor and its employees shall comply with orders from and administrative law judge, administrative judge, the Equal Employment Opportunity Commission, including its Office of Federal Operations, the U.S. Merit Systems Protection Board, or any other individual, office or body overseeing and/or adjudicating any lawsuit, claim, complainant, grievance or administrative action alleging a violation of any of the laws referenced above in paragraph 1.6.1.

d. To not withhold or destroy any nonprivileged information or documents (including emails and other electronic communication) from the Federal Protective Service and/or the Department of Homeland Security, once the Contractor is made aware that the Federal Protective Service or the Department of Homeland Security has been named as a party to any lawsuit, claim, complaint, grievance or administrative action alleging a violation of any of the laws referenced above in paragraph 1.6.1.

1.6.2 In the event a Contractor employee is accused (1) by a fellow Contractor employee, (2) a Federal employee, or (3) a member of the public, or harassment based on race, color, sex (to include sexual orientation), religion, or national origin, age, disability, genetic information or other protected status, the Contractor shall take the following actions:

(a) Take all necessary and appropriate actions to immediately stop the alleged harassment. Any actions take to stop the allege harassment shall be within the sole and exclusive authority of the Contractor. Any nonprivileged documents implementing these actions are to be provided to the Federal Protective Service and/or the Department of Homeland Security, if necessary, pursuant to paragraph 1.6.1.(a) above.

(b) Promptly begin performing an administrative investigation into the allegation(s). This investigation should, at a minimum, include obtaining, when possible, written statements from the alleged victim, alleged offending party, and any eyewitnesses to the conduct at issue. All nonprivileged portions of the investigation (e.g., witness statements, physical/documentary/electronic evidence, and factual summaries) are to be provided to the Federal Protective Service and/or Department of Homeland Security in accordance with paragraph 1.6.1.(a) above.

c. Take appropriate disciplinary action, if warranted, against the offending Contractor employee. The decision to discipline or not discipline a Contractor employee based on a claim of harassment is within the sole and exclusive authority of the Contractor. If disciplinary action is taken against a Contractor employee, the Contractor shall provide a copy of said discipline to the Federal Protective Service and/or Department of Homeland Security in accordance with paragraph 1.6.1(a) above.

d. Perform anti-harassment training, if warranted. The decision to perform or not perform such training with its workforce is within the sole and exclusive authority of the Contractor. If the Contractor chooses to perform any anti-harassment training in response to any claim of harassment, a copy of said training and a list of attendees shall be provided to the Federal Protective Service and/or the Department of Homeland Security in accordance with paragraph 1.6.1(a) above.

2 Contract Transition

2.1 Phase – In

2.1.1 A smooth and orderly transition between incoming and outgoing Contractors is necessary to assure minimum disruption to vital contract services and government activities. It is estimated that transition will be a maximum of from the contract award date to the performance start date. Any variance from the timeframe specified above will be mutually agreed upon by both parties to this contract.

2.1.2 The Contractor awardee may announce an assumption of services date immediately after contract award within five (5) days. The Contractor may distribute business cards, employment applications, brochures, and other company information to any incumbent PSOs; if done so without interfering with assigned duties; (e.g., during non‐peak hours or during breaks or meal periods).

2.1.3 If Contractor intends to recruit existing workforce, they shall not disrupt official Government business or interfere with assigned duties of current contract employees while physically working on post.

2.1.4 Contractor shall provide weekly transition status report to the COR during transition period to address items specified in Section 3.2.

2.2 Phase – Out of Contract and Continuity of Services

2.2.1. The Contractor shall provide the incoming Contractor all current PSO personnel records as outlined in Section 7.2.5, excluding those documents that would violate (Personally Identifiable Information) PII, (Health Insurance Portability and Accountability Act) HIPAA, or other proprietary laws or regulations, within thirty (30) days of notification of the incoming Contractor.

2.2.2. Contractor noncompliance of Section 2.2.1 may negatively impact final performance evaluation, and FPS may withhold final payment until resolved.

2.3 Conferences and Meetings

2.3.1 The Contractor shall attend a Government‐scheduled post award meeting after the contract award, but prior to the start of the contract performance. This meeting will encompass an in‐depth review of the contract requirements and the Contractor’s Transition Plan.

2.3.2 The Contractor shall prepare written minutes for all meetings, to include signature blocks for Contractor and CO and provide written minutes within seven (7) calendar days after meeting date. The CO and COR will maintain a copy of the minutes in the contract file.

2.3.3 If the Government does not concur with minutes as prepared, the Government may provide a written memorandum identifying areas for clarification and/or disagreement. These memorandums will be attached to corresponding meeting minutes.

2.3.4 During performance of contract, CO, COR, and Contractor will meet, at a minimum, monthly to discuss and resolve relevant contract issues.

3 Plans

3.1 General

3.1.1 Each plan submitted in accordance with Section 3 is subject to review. The Government reserves the right to request revision(s) to the submitted plans if they do not adequately address and/or are not meeting minimum contract requirements.

3.2 Transition Plan

3.2.1 The Contractor shall provide a Transition Plan to the CO, COR, and PSOO within seven (7) calendar days after the contract award conference and weekly status and progress reports detailing transition.

3.2.2 The Transition Plan shall address, at minimum, the following areas:

3.2.2.1 Staffing

• Organizational Chart

• Key Personnel Roster, to include resumes and contact information

• Roles and responsibilities of Management personnel

• Staffing Levels

• Process for transitioning predecessor Contractor Employees, if applicable

• Recruitment of new employees

• Implementation strategies o Reserve Force o Emergency Security Services (ESS) o Supervisory Plan o National Weapons Detection Training Program (NWDTP) OJT o Overt Testing and Training

3.2.2.2 Communications

• Equipment

• Methods

• Protocols

3.2.2.3 Inventory and Equipment

• Accountability

• Maintenance

• Post Tracking System (PTS) equipment

3.2.2.4 Calendar (Detailed)

• Daily and Weekly transition events throughout the transition period

• Procurement timeline for equipment and uniforms

3.2.2.5 Status and Progress Reports

• Applications

• Equipment and uniform purchases and current supply

• Permits, Licenses, and Registrations

• Personnel fitness determinations/security clearance eligibilities

• Staffing

• Transition events

3.2.3 The Contractor shall provide weekly (Monday by 10 am) transition status and progress reports to the COR during the transition period, addressing items specified in Section 3.2.2.5.

3.3 Training Plan

3.3.1 The Contractor shall be responsible for providing the CO, COR, and PSOO a Training Plan, to include a proposed Training and Qualification schedule, within ten (10) calendar days after the contract award conference.

3.3.2 The Training Plan shall address the following areas:

• Class staffing levels

• Coordination with FPS (COR/PSOO)

• Proposed schedules

• Sources of Third‐Party training

• Strategy for meeting training requirements, to include any assumptions for timely scheduling of Government‐Provided training

• Training locations

• Weapons transition training (if applicable)

• Intermediate Weapons (if applicable)

• NWDTP On-the-Job Training (OJT)

3.3.3 The contractor shall notify the Government of any changes to the Training Plan within 24 hours to the COR.

3.4 Quality Control Plan

3.4.1 The Contractor shall provide the CO, COR, and PSOO a detailed Quality Control Plan within fifteen (15) calendar days after the contract award conference.

3.4.2 The Quality Control Plan shall address the following areas:

• Deficiency reporting

• Discipline procedures

• Inspection checklists

• Type, level, frequency, and reporting of Quality Control activities

• Duties, responsibilities, and authorities of Quality Control personnel

3.5 Continuity of Operations (COOP) Plan

3.5.1 The Contractor shall provide the CO, COR, and PSOO a detailed COOP Plan within fifteen (15) calendar days after the contract award conference.

3.5.2 The COOP shall identify provisions for the acquisition of resources (personnel and materials) for the continuity of operations, for all federal facilities under this contract, during other than normal operations until the resumption of normal operations.

3.5.3 The COOP Plan shall address, at minimum, the following areas:

• Communication with employees and the Government o Any associated changes needed to Contractor’s information technology infrastructure to support contract in an emergency o Any established alert and notification procedures for mobilizing identified “critical Contractor service personnel” o Approach for communicating expectations to employees regarding their roles and responsibilities during an emergency

• Compliance with applicable Occupational Safety and Health Administration (OSHA) regulations (29 CPR 1910.38(a)

• Tracking impact of emergencies and pandemics on workforce

• Identification and tracking of emergencies and pandemics, to include the impact on personnel

• Realignment and augmentation of Resources o Challenges associated with maintaining PSO services during an extended emergency event, such as a pandemic that may occur in repetitious waves o Any time lapse associated with initiation of acquisition of necessary personnel, resources, and/or supplies and their actual availability on site o Components, processes, and requirements for identification, training, and preparedness of contractor personnel who are capable of relocating to alternative facilities o Prioritization and deployment of limited workforce o Educating and protecting of workforce to minimize operational impacts o Acquisition, storage, and distribution of personnel protective equipment o Logistic capabilities (storage, distribution, inventory)

3.6 Privacy Act, Records Management and IT Security Requirements

3.6.1 Required DHS Privacy Act, Records Management, and IT Security, Records Management Training for Contractors.

All contractor employees shall complete initial and annual DHS Privacy Act, Records Management, and Information Technology (IT) Security Awareness training courses.

Contractor employees shall satisfy these training requirements by completing Privacy at DHS: Protecting Personal Information. This training is will be sent via email by the COR to the PSO Contractor. Initial training shall be completed within 30 days of contract award. These training requirements shall be completed annually and no later than October 31th of each year. If a contractor employee is hired during the course of contract performance, the contractor employee shall complete the initial training prior to standing post and then complete on an annual basis thereafter not later than October 31st of each year. The above training will be documented on Exhibit 16 and placed in the PSO’s File.

The Federal Information Security Management Act (FISMA) requires all individuals accessing FPS information, regardless of their employment status, be they Federal or Contractor employees, to take both Information Technology Security and Records Management training annually. Both courses (Information Technology Security and Records Management) can be obtained via government provided CD. The Contractor shall maintain copies of certificates as a record of compliance. The Contractor must use Exhibit 7 and upload the form to the Training Academy and Monitoring System (TAMS) when the required information Security, Records Management, and Privacy Act training has been completed for all contractor’s employees. The Contractor must report:

• Suspected loss or compromise of Sensitive Personally Identifiable Information (SPII) by its employees or subcontractors to the DHS Help Desk at 1-800-250- 7911 within one hour of the initial discovery.

• The Contractor must develop and include in its internal procedures (which are submitted to FPS via vendors training plan) how its employees and subcontractors are trained to identify and report potential loss or compromise of SPII.

• Contractors must provide a written report to the COR and Cybersecurity and Infrastructure Security Agency (CISA) Office of Privacy at NPPDPrivacy@hq.dhs.gov within 24 hours of suspected loss or compromise of mailto:NPPDPrivacy@hq.dhs.gov

SPII containing the following information:

o Narrative, detailed description of events surrounding the suspected loss/compromise o Location, date, and time of the incident o Type of information lost or compromised o Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment o Names of person(s) involved, including victim, Contractor employee/subcontractor and any witnesses o Cause of the incident and whether the company’s internal procedures were followed or not, and which specific provisions were not followed o Actions that have been or will be taken to minimize damage and/or mitigate further compromise o Recommendations to prevent similar situations in the future, including whether the internal procedures need to be modified in any way and whether additional training may be required.

• Notwithstanding any other remedies available to CISA, the contractor will indemnify the CISA against all liability (including costs and fees) for any damages arising out of violations of this clause.

• The Contractor must cooperate with CISA or other government agency inquiries into the suspected loss or compromise of SPII to facilitate activities outlined in the DHS Privacy Incident Handling Guide (PIHG) and Office of Management and Budget M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information,” May 22, 2007. The DHS PIHG is an 88-page public document on the DHS Privacy Office website. Link:

http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf.

• At the government’s discretion, Contractor employees or subcontractor employees may be identified as no longer eligible to access SPII or to work on that contract based on their actions related to the loss or compromise of SPII.

• If a SPII breach occurs because of the violation of a term of this contract by the Contractor or its employees, the Contractor shall, as directed by the contracting officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed twelve (12) months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor will be responsible for reimbursing the Government for those expenses.

http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf

Definitions:

“Breach” (may be used interchangeably with “Privacy Incident”) as used in this clause means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic.

“Personally Identifiable Information (PII)” as used in this clause means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States.

Examples of PII include: name, date of birth, mailing address, telephone number, Social Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Personally Identifiable Information (Sensitive PII)” as used in this clause is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Complete SSNs, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered Sensitive PII even if they are not coupled with additional PII. Additional examples include any groupings of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Criminal history

(5) Medical information

(6) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other Personally Identifiable Information may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information, but it is not sensitive.

4 Authority and Jurisdiction; Licenses and Permits; and Adherence to Laws

4.1 General Information

4.1.1 PSO authority to detain is derived from state law (private person/citizen arrest), that in most cases authorizes certain arrest powers.

4.1.2 PSO authority to conduct inspections and seize dangerous items is derived from the FMR regulatory scheme for administrative inspections, 41 CFR 102‐74.370.

4.1.3 The Contractor shall obtain, renew, and possess the required licenses and permits as specified under this contract and applicable federal, state, or local regulating agencies.

4.1.4 The CO, COR, and other authorized Government personnel supporting this contract will have express authority to examine, upon request, all licenses and permits at any time during the contract period.

4.1.5 Contractor shall NOT seek Government assistance or interference in receipt of legally required licenses and permits.

4.1.6 The Contractor must obtain required licenses and permits for company and/or contract employees prior to PSOs standing post; not completing these actions could result in adverse actions, to include Termination for Default or cause, as applicable.

4.1.7 Contractor must maintain valid licenses and permits throughout contract period; not completing these actions could result in adverse actions, including but not limited to, Termination for Default or Cause, as applicable. FPS will consider PSOs standing post without valid licenses and permits as an “open” post.

4.1.8 Contractor shall complete, certify, and maintain PSO records (electronic/scanned or paper) that show names and issue dates for each contract employee having required licenses, permits, training, and certifications.

4.1.9 False statements, certification, or falsification of any documents required in this contract by the Contractor, Contract Manager, or any contract employee shall be punishable under U.S. Code Title 18 United States Code (USC), Section 1001, False, Fictitious, Fraudulent Statement/Representation. The Government may initiate investigations by its Office of Inspector General or Regional Criminal Investigations Branch, may initiate debarment proceedings, and/or may take contractual remedies, up to and including Termination for Default or cause. Under no circumstances, whatsoever, will the Government tolerate falsification of required documents.

4.1.10 The Contractor shall adhere to all federal, state, and local government laws, regulations, and statutes, to include but are not limited to areas concerning health, safety, security, and privacy.

4.2 State and Local Requirements

4.2.1 Contractor shall obtain, possess, and maintain state and/or local requirements, except where precluded by local law or ordinance, prior to commencement of work under this contract, to include:

• Business and corporate licenses to operate as a commercial security service.

• Official bond(s) and insurance, and pay any fees or costs involved or related to authorization for arming employees engaged in armed security officer services.

• Licenses and permits for employees to be armed and have the authority to detain person(s) suspected of committing crimes.

4.3 Carriage of Licenses and Permits

4.3.1 PSOs shall carry original firearms license/permits in their possession at all times, unless they have applied for a new license/permit. The firearm license/permit shall be in the possession when traveling with a firearm to/from their post and while they are physically working on post.

4.3.1 PSOs who do not have a valid firearm license/permit in their possession or cannot produce one, when requested, shall be removed from post immediately. Contractor will be notified immediately and a request for a remedy will be initiated. PSO may return to post once a valid firearm/permit is produced. Post will be considered “open” during the period of non-compliance.

4.3.2 PSOs are authorized to travel to and from duty stations armed, with assigned duty weapon(s) unless prohibited by state and local law. It is the contractor’s responsibility for getting the weapons to the PSO’s work site if the transporting of weapons is prohibited by state and/or local law.

4.4 Licenses Fees

4.4.1 Contractor must pay all costs and fees associated with applying for, receiving, and maintaining permits and licenses throughout the contract, including paying all costs and fees for contractor employees who are required by federal, state, or local regulating agencies to individually apply for licenses/permits.

4.4.2 Where federal, state, or local regulating agencies require contract employees to individually apply and pay for licenses/permits, Contractor shall reimburse employees for all costs and fees associated with obtaining required licenses/permits.

5 Qualification of PSOs and PSO Supervisors

5.1 General Information

5.1.1 To be eligible to perform duties under this contract, a PSO shall meet the following general qualifications:

• Be a United States citizen; or a o Lawful Permanent Resident who is currently a member of, or who possesses a verifiable honorable discharge from, any component of the United States Armed Forces (Army, Air Force, Navy, Marines, Coast Guard)

• Been issued a Social Security Card by the Social Security Administration, which bears the individuals name and social security number

• Have verifiable documentation of one experience and one education level listed below:

o Experience A minimum of two (2) years of security (armed) or one (1) year of law enforcement experience in a full-duty status with a full-service police department in a municipality, state, or federal law enforcement department within the US, and have resigned or retired in good standing; or

A minimum of two (2) years of honorable service as a member of any US Armed Forces (Army, Air Force, Navy, Marines, Coast Guard) component; or o Education Received, at minimum, either a high school diploma or General

Equivalency Diploma (GED) from an accredited institution of higher learning, or as identified on DD Form 214. (Note: High School Diplomas from countries outside of the United States must be translated in English and certified by a Notary or an individual who is authorized to notarize documents. The document must be an original copy)

• Shall fluently speak, read, comprehend English, and be able to compose written reports in English.

• Must be 21 years of age

5.1.2 The Contractor shall adhere to the minimum age requirements set forth by federal, state, or local laws. If a minimum age requirement is less than the contract minimum age, the PSO must be 21 years of age.

5.1.3 The Contractor shall ensure that no person who is an illegal or an undocumented alien is employed under this contract.

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.1.1 The Contractor shall be solely responsible for complying with the provisions of the Americans Disabilities Act of 1990, (42 U.S.C. §§ 12101-12218), Rehabilitation Act of 1973, (29 U.S.C. §§ 791- 794), and applicable Occupational Safety and Health Administration Standards (OSHA) (29 C.F.R. §§ 1910).

5.2.1.2 The Contractor is solely responsible for ensuring PSOs are able to meet the medical and physical standards prescribed in this contract. In the event the Contractor determines that a PSO cannot meet one or more of the medical or physical standards, the Contractor shall engage the PSO in the interactive process to determine (1) if the PSO poses a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) and any successor regulatory provision), such that the PSO is not qualified for the position; and (2) whether the PSO can perform the essential functions of the position with or without a reasonable accommodation. The Contractor will then make the final determination whether the PSO poses a direct threat and/or whether to grant or deny reasonable accommodation.

5.2.1.3 The Contractor shall be solely responsible for ensuring PSOs are able to perform the essential functions described within this SOW, with reasonable accommodation, if applicable. The Contractor shall be solely responsible for engaging the PSOs in the interactive process and for making individualized assessments to determine whether a PSO: (1) poses a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) and any successor regulatory provision), such that the PSO is not qualified for the position; and (2) can perform the essential functions of the position, including safely carrying, controlling and using a firearm, with or without reasonable accommodations.

If the PSO alleges he/she has a disability and requires reasonable accommodation to perform the essential job functions, it is sole responsibility of Contractor to discuss reasonable accommodations with the PSO and to decide what accommodation(s), if any, to provide at its own expense.

5.2.1.4 The Contractor shall be solely responsible for removing from or not otherwise placing on this contract, any Contractor Employees who pose a “direct threat” (as defined in 29 C.F.R. § 1630.2(r) any successor regulatory provision, are deemed incapable of performing the essential functions.

5.2.2 Pre‐Employment and Recurring Physical/Medical Examinations

5.2.2.1 The Contractor shall ensure PSOs undergo an initial pre‐employment (new hire) medical and physical examinations prior to working on any FPS PSO contract. Incumbent PSOs shall undergo a medical and physical examination every five (5) years to continue working on any FPS PSO contract. The Contractor shall ensure a licensed physician fully and accurately completes all sections of Exhibit 12, Physician’s Certification – PSO Medical Examination and Physical Abilities Test. Section 1 (Physician’s Certification Signature Page) shall be part of the PSO personnel file.

5.2.2.2 The PSO shall meet the following medical standards:

5.2.2.2.1 Vision: Applicant must have binocular vision and must not test less than 20/30 (Snellen).

An applicant who has undergone a Radial Keratotomy or laser correction procedure to correct his or her vision to an acceptable level is medically qualified for the position. Near vision, corrected, or uncorrected, must be sufficient to read Jaeger Number 2 or equivalent type and size letter at a distance of no less than 12 inches on a standard Jaeger chart. Applicant must have normal color vision.

5.2.2.2.2 Hearing: Applicant average hearing at 500, 1000, 2000, and 3000 Hertz (Hz) must be less than or equal to 25 decibels. Applicant hearing at 4000 or 5000 Hz must be less than or equal to 45 decibels. If there is a difference in hearing between applicant’s ears (in excess of 15 decibels at 500‐ 3000 Hz range or in excess of 30 decibels at 4000‐5000 Hz range), Applicant must receive a test for sound localization. Applicant shall not have ear disorders affecting equilibrium. Applicant may use a hearing aid.

5.2.2.2.3 Speech: Individual must be able to speak clearly and distinctly. Any disease or condition that significantly interferes with an individual’s ability to speak is a disqualifying factor.

5.2.2.2.4 Cardiovascular System: Any disease or condition that interferes with cardiovascular function and an individual’s safe and efficient job performance is a disqualifying factor. Applicant aerobic capacity is a minimum 9 MET or 31.5 ml/kg min VO2 Max.

5.2.2.2.5 Chest and Respiratory System: Individual must have a healthy respiratory system and receive an evaluation and clearance for use of disposable particulate respirators meet N95 standards as established by National Institute for Occupational Safety and Health (NIOSH). Any disease or condition that interferes with respiratory function and an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.2.6 Gastrointestinal System: Individual must have a healthy gastrointestinal tract. Any disease or condition that interferes with gastrointestinal function and an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.2.7 Genitourinary System: Individual must have a healthy genitourinary system. Any disease or condition that interferes with an individual’s safe and efficient job performance is disqualifying.

5.2.2.2.8 Endocrine and Metabolic Systems: Any condition that affecting normal hormonal or metabolic functioning and response that interferes with an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.2.9 Musculoskeletal System: Any condition that adversely impacts on an individual’s movement, agility, flexibility, strength, dexterity, coordination, or ability to accelerate, decelerate, or change directions, and this interferes with an individual’s safe and efficient performance of duties, is a disqualifying factor.

5.2.2.2.10 Hematology System: Any hematological condition that interferes with an individual’s safe and efficient performance of duties is a disqualifying factor. Such conditions may include, but not limited to: any hematological condition characterized as chronic, any hematological condition that causes a hematological crisis, anemia, or thrombocytopenia.

5.2.2.2.11 Neurological Systems: Any disease or condition that interferes with an individual’s central or peripheral nervous system function and that interferes with an individual’s safe and efficient performance of duties is a disqualifying factor. Any condition with loss of motor skills, muscle strength, cognitive function, coordination, or gait; sensory loss (limb, hearing, or vision);

tremor; pain; or effect on speech and that interferes with an individual’s safe and efficient performance of duties is a disqualifying factor.

5.2.2.2.12 Psychiatric Disorders: Any disorder that affects an individual’s judgement, cognitive function and interferes with the individual’s safe and efficient performance of the essential job functions, is a disqualifying factor.

5.2.2.2.13 Dermatology: Any disease or condition that may cause an individual to be unduly susceptible to injury or disease as a consequence of environmental exposures or which results in restricted function or movement and thereby impairs safe and efficient performance of essential job functions is a disqualifying factor.

5.2.2.2.14 Medication: Individual shall not take any medication which impair their judgment or otherwise impair their ability to safely carry, control or use a firearm. In the event an individual takes any medication that impairs judgment to ability to safely carry, control or use a firearm, the Contractor shall work with the individual to perform an individualized assessment of the individual’s ability to safely perform the essential functions of the job with or without reasonable accommodation.

5.2.2.2.15 Organ transplantation and prosthetic devices: Any transplantation or prosthetic device that adversely affects an individual’s ability to safely and efficiently perform essential job functions is a disqualifying factor.

5.2.3 Physical Demands

5.2.3.1 PSOs shall be physically able to perform tasks and/or functions listed below, in performance of assigned duties:

5.2.3.2 Frequent and prolonged walking, standing, sitting, and stooping, up to 12 hours per day, either indoors or outdoors, during daytime or nighttime. Outdoor posts may require an individual to withstand extreme heat, humidity, cold, and/or severe weather (e.g., snow, sleet, rain, hail, wind).

5.2.3.3 Frequent contact with general public, law enforcement, and dispatch center, requiring an ability to speak clearly and distinctly and remain calm in stressful situations (e.g., confrontations with angry, distraught, disturbed, or violent persons).

5.2.3.4 Ability to remain on post up to four (4) consecutive hours without sitting, eating or relieving bladders/bowels.

5.2.3.5 Ability to remain alert for up to 12 hours, with ability to mentally and physically react quickly to a variety of unexpected and dangerous situations. Use of senses (sight, hearing, smell, touch) is necessary to discern unusual or dangerous situations.

5.2.3.6 Ability to use post security equipment (handheld and walk‐thru metal detectors, X‐ray machine, CCTV); ability to use handcuffs, OC Spray, baton, and firearm at any time while on duty.

5.2.3.7 Ability to read Post Orders, assignments, Be‐on‐the Lookout (BOLO), write reports, and respond to both routine and emergency dispatches/orders.

5.2.3.8 Ability to subdue violent or potentially violent or disturbed individuals, or intervene in a crisis (e.g., provide emergency First Aid or resuscitation while waiting for arrival of paramedics or other emergency personnel).

5.2.3.9 Occasional running, sprinting, lifting heavy weights, moving heavy objects, climbing stairs (e.g., in responding to emergencies, ensuring timely and complete facility evacuations, giving pursuit, etc.).

5.2.3.10 Only after engaging in any required interactive process, as discussed in paragraphs

5.2.1.2 and 5.2.1.3 above shall the Contractor remove individuals deemed incapable of performing the above tasks or functions from the contract.

5.2.3.11 Contractor shall be responsible for encouraging and promoting employees assigned to this contract to maintain an ongoing and regular program of physical fitness, at no cost to the Government.

5.2.4 Initial, Random, and Recurring Screening for Illegal Drugs