A.02.11 PWS.pdf

PERFORMANCE WORK STATEMENT

FOR

LAW ENFORCEMENT SERVICES

DEWEY DAM AND RESERVOIR

FLOYD COUNTY, KY

1. The Contractor shall perform law enforcement services as described below at Dewey Dam and Reservoir, Van Lear, Kentucky to include the following areas (Shown in Appendix A):

a. Below Dam Recreation Area: Access Roads, Recreation Facilities, Parking, Fishing Areas, etc.

b. Dam Site: Access Roads, Overlooks, Parking Areas, Dam, Intake Structure, Spillway Control Structure, Project Office, Access Gates to Wildlife Management Area

c. Shoreline Area and Campground: Access Roads, Day Use Areas, Campground, Trails, Shoreline, Training Center etc.

d. USACE Boat Dock Area: Access Roads, Parking Areas, Shoreline Area, Boat Dock

e. Picnic Hollow Area: Access Roads, Parking Areas, and Restrooms

2. Services eligible for reimbursement shall be those scheduled patrols or surveillance as set forth in this agreement.

3. Patrol Officers shall have the following training and qualifications:

a. One year’s experience and on-the-job training with the current department.

b. All officers shall have completed law enforcement academy training required by the laws of Kentucky.

c. Contractor shall provide only certified, uniformed officers and marked vehicles.

4. The Contractor’s duties shall include vehicle and foot patrols. In addition to enforcing all civil and criminal laws of the Commonwealth of Kentucky, the contractor shall assist visitors when requested. Officers shall report Title 36 violations to the on-duty Park Ranger or Resource Manager. Officers shall check gates, barricades and doors for security or tampering at frequencies as instructed during the orientation meeting. Officers shall enforce posted restrictions. Officers shall immediately investigate and report to the Resource Manager any vandalism, theft or suspicious and/or uncommon events and note any such activities including nonfunctioning security lights or other maintenance issues on the officer’s daily log (Appendix B). Any significant event which requires a police report shall also be submitted to the Resource Manager/Park Ranger for USACE record keeping and reporting.

5. All patrols will be single man patrols. The Contractor’s patrol officer shall begin each shift by clocking in as instructed during the orientation meeting. The officer shall remain in one of the designated areas or be in direct transit from one area to another for the entire duration of the scheduled shift. The officer shall make at least one vehicle and/or foot patrol through each area noted in Paragraph 1. The officer shall clock out at the end of the shift as instructed during the orientation meeting.

6. Attached are the Monthly Patrol Calendars (Appendix C) for the months of May, June, July, August, September, and October for the duration of the base year and 4 option years of this contract. Starting and ending shift times, and total working hours are shown for each working day on the calendar. Monthly Patrol Summaries are also attached (Appendix D).

7. The Resource Manager, Dewey Dam and Reservoir and the Contractor’s representative, shall be designated to issue and receive requests for reimbursable law enforcement services under this agreement.

8. The Contractor shall submit, no later than the 5th day of the month, an invoice for services provided for the previous calendar month to the Resource Manager at Dewey Dam and Reservoir. The Contractor shall indicate the number of patrol hours worked, the starting and ending dates of the billing period, and the total charges.

9. The Contractor’s patrol officer shall provide a Daily Enforcement Log in accordance with the attached format (See Appendix B). The logs shall be submitted to the Resource Manager, Dewey Dam and Reservoir, at the project office each Monday during the patrol season. All patrol logs shall be detailed and include, at least, the following information: date of patrol, hourly updates of areas patrolled, visitor contacts made during the patrol, incidents occurring during patrol, security verification at the end of all patrols.

10. All Officers who plan to work any part of this contract must attend the orientation meeting (approximately 1 hour). The Contractor will be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting; and the Contractor will be paid the man-hour hourly rate for up to 15 officers who are in attendance for the entire orientation meeting.

11. The Government will monitor the Contractor’s performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan.

In the event the Contractor’s officer is required to deviate from the agreement requirements, such as answering calls not related to the Government agreement, the Contractor’s officer will notify Corps personnel in-person, by radio, or by phone (cellular or land line) prior to departure and again upon resumption of duty. Also, those hours in which the Contractor’s officer is absent from Government property shall be indicated on the daily log. The Contractor will not be paid for any scheduled time that is not worked.

12. Regulations require that the Corps may negotiate for increased law enforcement only for portions of the project that are operated and maintained by the Corps of Engineers. Therefore, reimbursement to the Contractor under this agreement is limited to patrols in those areas specified in paragraph 1 and must be approved in advance by the designated Huntington District Contracting Officer.

SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access in and/or around any Huntington District facilities shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Huntington District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Huntington District Security Management Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL CONTRACTS 1-YEAR AND SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or on District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) Security Information sheet on each employee working on site must be submitted directly to the Huntington District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with option periods. For instance, if the employee was cleared in May of 2018, they shall be cleared again in May of 2019. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Huntington District USACE Security Management Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management Office).

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Huntington District Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Huntington District Security Management Office will make recommendations to the PCO or their Designated Representative. The Huntington District Security Management Office cannot give approval due to unfavorable report(s). The Huntington District Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Huntington District Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

http://www.opm.gov/forms/

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Huntington District Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil Scott E. Grandon, phone (304) 399-5661; email scott.e.grandon@usace.army.mil

AT-OPSEC REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, mailto:stephen.r.curry@usace.army.mil mailto:matthew.d.green@usace.army.mil mailto:scott.e.grandon@usace.army.mil http://jko.jten.mil/courses/atl1/launch.html%3B where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

http://www.uscis.gov/e-verify)