A04_SOW.pdf

BUREAU OF INDIAN AFFAIRS

Pine Ridge Agency

Statement of Work Unarmed Security Guard Services

PURPOSE

The purpose of this action is to provide professional Security Guard Services at the main entrance to the Pine Ridge Agency (Agency) at Hwy 18 Main St. Bldg. 159, Pine Ridge, South Dakota.

BACKGROUND

The Pine Ridge Agency is under the administrative jurisdiction of and operated by the Bureau of Indian Affairs, United States Department of the Interior. The Agency operates eight (8) hours per day, five (5) days per week. For staff safety, it is imperative that visitors to Pine Ridge Agency be screened prior to admission.

SCOPE OF WORK

The contractor shall furnish all the necessary personnel, materials, services, and otherwise do all things necessary to perform the work as set forth below. The contractor shall provide management, supervision, training, equipment, licenses, insurance, pre-employment screenings, reports, files, supplies, travel, and any other resources necessary for two (2) appropriately uniformed, equipped, and trained Security Guards to provide the services described below. The Security Guards are not authorized to carry firearms and are not empowered with any arrest authority, however, they can detain suspected individuals for local law enforcement.

The contractor shall provide supervision for all Security Guards and serve as a liaison between the Agency and Security Guards with respect to any and all issues, concerns and relevant information including communicating and enforcing policies and procedures to the Security Guards. Contractor personnel working under this contract shall not be considered BIA employees for any purpose and shall be considered employees of the contractor.

PLACE OF PERFORMANCE

Services shall be performed at the Pine Ridge Agency in Pine Ridge, South Dakota at the following locations:

1. Administration Building No.159

2. Facility Building No.162

3. Fire Management Buildings No. 158 and No.160

4. All adjacent parking areas and handicap spaces for each identified building

PERIOD OF PERFORMANCE

The Period of Performance (PoP) will be twelve (12) months, beginning within 45 days of the award date, with the option to extend services one (1) year. The total duration of the contract shall not exceed two (2) years.

Hours of Operation: The Agency’s operates between the hours of 7:00 am to 5:00 pm, Monday through Friday, except Federal holidays, or when the facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closings.

The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

CONTACTS

Contracting Officer (CO)

Contractor Point of Contact

The contractor shall assign a main point of contact (POC) and alternate POC for communication with government officials and for coordination of Security Guard services. Within seven (7) days of the contract award date, the contractor shall provide the Contracting Officer and COR the POCs name, telephone number, cellular phone number, fax number, email address, and office address.

Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

1. Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the COR with a courtesy copy (Cc) to the Contracting Officer.

2. All other correspondence, including but not limited to waivers, deviations or modifications to the requirements, terms or conditions of this SOW, shall be addressed to the Contracting Officer with Cc to the COR.

Contractor Interfaces

The contractor and/or contractor employees may be required as part of the performance of this effort to work with other contractors working for the Government. Such other contractors shall not direct this contractor and/or their subcontractors in any manner. Also, this contractor and/or their subcontractors shall not direct the work of other contractors in any manner.

No personal services shall be performed under this contract. No contractor employee shall be directly supervised by the Government. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

The contractor shall not perform any inherently governmental actions under this contract. No contractor employee shall hold themselves out to be a Government employee, agent, or representative. No contractor mailto:benjamin.wolters@bia.gov mailto:barbara.linehan@bia.gov mailto:madisen.bourland@bia.gov Vincent Martin Cross-Out

Vincent Martin Cross-Out

Vincent Martin Cross-Out

Vincent Martin Cross-Out

Vincent Martin Cross-Out

Vincent Martin Cross-Out employee shall state orally or in writing at any time that they are acting on behalf of the Government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work.

Disclosure of Information

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

SECURITY GUARD DUTIES

Security Guards shall be responsible for the following duties:

1. Provide security service for government and tribal employees, as well as visitors and vendors.

2. Guard and protect all government property, information, documentation, material, buildings, and equipment from unauthorized access, theft, or sabotage.

3. Respond promptly and appropriately to all security-related emergencies and incidents occurring within the buildings, compounds, and parking lots. The Security Guards will take appropriate action on any breach of security, suspicious activity, or safety hazard, including, when necessary, notifying and cooperating with local law enforcement, Emergency Medical Services, and the Facility Operation Specialist.

4. Respond promptly to situations where individuals within the buildings, compounds, and parking lots threaten or behave belligerently towards BIA personnel, tribal personnel, or members of the visiting general public. When necessary, Security Guards shall: (1) detain individuals for local law enforcement, or (2) physically escort individuals off the premises. However, Security Guards do not have arrest authority.

5. Perform investigations of all security-related incidents and report in writing the findings to appropriate tribal and federal authorities.

6. Control and monitor public access to the above-referenced buildings during specified working hours of Agency operation. This includes ensuring that all visitors entering the administration building sign into a logbook and follow visitor check-in protocol according to post orders and any special orders, which may be issued from time to time. This log shall contain at a minimum the following information:

a. First Name, Middle Initial and Last Name

b. Reason for Visit and destination

c. Time of Arrival

7. Validating identification shall include a picture of the individual and may be any of the following:

a. Valid State Driver’s License

b. Military identification

c. Federal Identification including Tribal ID

d. Passport

8. Perform inspections of packages delivered to building by package delivery vendors (e.g., SPEEDEE, FedEx, UPS). Verify that packages identify valid senders and recipients.

9. Security and Fire Systems: Monitor and operate fire alarms systems, intrusion detection systems, and access control systems for Agency buildings.

10. Monitor the buildings, compounds, parking lots, and security cameras.

11. Perform random roving patrols once every two hours (e.g., 7 am, 9 am, 11 am, 1 pm, 3 pm, 4:30 pm) throughout all Agency buildings listed above, compound grounds and parking lots.

12. Stringently enforce the BIA policy of maintaining an alcohol and drug-free environment throughout the buildings, compounds, parking lots, as well as the prohibition of firearms and weapons.

13. One Security Guard shall be present at the security station at all times between the hours of 7:00 am to 5:00 pm, Monday through Friday. The Security Guard shall answer the landline phone at the security station. All Security Guards shall carry contractor-supplied cellular phones, so Security Guards can be contacted as needed by BIA and tribal employees during working hours.

14. Hazardous Conditions- In accordance with Agency procedures in post orders, immediately report potentially hazardous conditions and items in need of repair to the Facilities Operations Specialist or Maintenance Mechanic Supervisor (e.g., inoperative lights, leaky faucets, toilet stoppage, broken or slippery floor surfaces, etc.).

15. Inspect all main lobby entrance doors, employee entrance doors, and office doors for the proper lock down prior to going off-duty.

16. Follow written instructions that outline specific activities and professional conduct of Security Guards and post orders at security station.

17. Security Guards shall not permit any visible contraband to enter the Agency Building. Additionally, Security Guards shall NOT search any person or vehicle for any reason. However, if Security Guards believes that any contraband has entered the Agency, Guard shall report to the Superintendent via the quickest possible means. Contraband is hereby defined as:

a. Weapons - any firearms, knives with a blade longer than 3”;

b. Alcohol - any form of beer, wine, or liquor;

c. Explosives, to include any fireworks; and

d. Illegal drugs.

Technical Direction The Security Guards shall comply with technical direction set forth in special orders, manuals, and procedures issued by the COR but not specifically mentioned in this Statement of Work. Technical direction shall be within the general scope of this effort. The COR does NOT have the authority to and may NOT issue any technical direction which:

a. Constitutes an assignment of work outside the general scope of this effort;

b. Constitutes a change as defined in the “Changes” clause;

c. In any way causes an increase or decrease in cost or the time required for performance;

d. Changes any of the terms, conditions, or other requirements of this effort; and

e. Suspends or terminates any portion of this effort.

All technical direction shall be issued in writing by the COR or will be confirmed by the COR in writing within 10 calendar days after verbal issuance. A courtesy copy (Cc) of the written direction shall be furnished to the Contracting Officer.

If in the opinion of the contractor, any instruction or direction issued by the COR is outside of their specific authority, the contractor shall not proceed but shall notify the Contracting Officer in writing, with as much detail as possible, within 3 working days after receipt of any instruction or direction.

The Contracting Officer is the only individual with the authority to financially obligate the government and to make changes to original terms and conditions of this contract. The contractor is responsible for notifying the Contracting Officer of any potential issues or concerns - technical, scope or financial -concerning this contract.

See clause 1452.201-70 “Authorities and Delegations.”

Incident Reporting

1. Routine Reporting:

a. Incidents that do not appear to be an immediate threat to personnel or property, e.g., refusal to present ID, shall be reported to the Superintendent via telephone. The Superintendent will make a determination on how to handle the incident. The Security Guard shall not call 911 for these incidents.

2. Emergency Reporting:

a. Incidents that are an immediate threat to personnel or damage to government property shall be initially reported to the Superintendent via telephone. If no contact with the Superintendent, then make the call to 911.

b. In the event of an armed intruder, fire, or medical emergency, the Security Guard is required to call 911.

3. Written reports detailing the Security Guard observations and actions shall be made for both routine and emergency incidents. These reports shall be turned in to the COR within 3 business days of the event. The reports may either be typed or handwritten; a handwritten report shall be in ink and legible.

Monthly Reporting

1. The contractor shall provide a monthly report to the Agency Superintendent and COR by the 5th of each month. Monthly reports shall contain, as a minimum, the following information:

a. Schedule of Guards for the previous month, including the name of the Security Guard that worked each day, and the hours worked by each Security Guard each day.

b. Number of routine and emergency incidents during the previous month.

c. A legible copy of each incident report.

d. A copy of the next month’s Security Guard schedule including the names of the Security Guards proposed to work each day and the hours of their shifts.

MINIMUM CRITERIA PERSONNEL QUALIFICATIONS

The contractor shall maintain a consistent staff to ensure continuity between guards assigned to this contract. The following identifies the minimum criteria for citizenship, experience, medical, physical, and personnel security requirements for a Security Guard. Meeting the eligibility criteria does not guarantee employment with a contractor or a positive suitability determination by the Government. Final hiring decisions are determined by the contractor.

1. Citizenship. Security Guards shall meet one of the following requirements:

a. Be a United States citizen (either by birth or naturalization); or

b. Be a lawful permanent resident of the United States.

2. Experience. Security Guards shall meet one of the following requirements:

a. Two (2) years of service in the United States Armed Services (including Reserves or National

Guard).

b. Any combination of two (2) years of experience in physical security (as a security officer, armed or unarmed) and service with the United States Armed Services (including Reserves or National Guard).

c. Associate Degree or higher in a security-related or law enforcement- related field.

d. Successful completion of a police officer’s basic training academy.

e. Three (3) years of experience in physical security as a security officer, armed or unarmed; or

f. Eligibility based on any long-standing “grandfather” clause that may be in effect.

3. Physical.

a. The contractor shall ensure all Security Guards are in good physical condition and health. All

Security Guards must be able to withstand the physical demands of the job and must be capable of responding to emergency situations by quickly reporting to the scene on foot.

Personnel Security Requirements

All Security Guards must undergo and pass a complete background investigation and clearance as required by the “Contractor Personnel Security and Suitability Requirements” (see Attachment B) and DOI clause entitled, “Security Requirements: Facility Access and Information Technology (August 2016).”

Each Security Guard and Supervisory Security Guard shall annually complete a signed and dated Lautenberg Amendment Statement / Domestic Violence certification that satisfies the legal requirements of the Lautenberg Amendment, 18 United States Code Sec. 922(g) (8) and (9). This certification is valid for one year.

Training

The table below details the training requirements that shall be successfully completed by all contract Security Guards. Training certifications are required for individual contract Security Guards. The contractor shall maintain copies of all training certification and provide copies to the COR and Contracting Officer before Security Guards begin work and immediately upon request. The contractor shall be responsible for conducting refresher training.

The contractor shall use only qualified instructors to accomplish the required training. Instructors shall have attended credible courses giving them the applicable certifications. These certifications shall meet any state requirements. The contractor shall maintain a copy of any instructor’s certifications on file.

The contractor shall be responsible for providing any training required by state or local jurisdictions pertaining to the use of carriage of firearms any or “less-lethal” or “non-lethal” weapons or equipment, or devices required in this contract. Security Guards are only authorized to use non-lethal weapons as specified in the contract.

Security Guards shall complete the following training prior to beginning work:

Training Requirements Human Interaction and Customer Service

Principles of Communications;

Professional Public Relations; and Understanding Human Behavior.

Weapons and Defensive Tactics Defensive Tactics;

Use of Handcuffs;

Use of Non-Lethal Weapons; and

Use of Force.

Inspections Screener Training; and Examining of Identification and Credentials.

Law Enforcement Support The Law, Legal Authorities, Jurisdiction, and Responsibilities;

Crimes and Offenses;

Search and Seizure;

Authority to Detain;

Crime Scene Protection;

Rules of Evidence; and Crime Detection, Assessment, and Response.

Patrol Importance of Patrol Methods and Patrol Hazards.

Communications Records, Reports, and Forms; and Communications Equipment.

Emergency Response Active Shooter;

General Response Procedures;

Safety and Fire Prevention;

Special Situations;

Code Adam;

Terrorism, Antiterrorism, and Weapons of Mass Destruction;

Bomb Threats and Incidents;

Hostage Situations;

Civil Disturbance;

Workplace Violence;

Cardiopulmonary Resuscitation (CPR), Automatic External

Defibrillator (AED), and First Aid;

Emergency Communications.

Refresher Training

The contractor shall be responsible for conducting the refresher training. All training, whether required or as a refresher, shall be performed by a certified trainer and training organization. To sustain training proficiency, Security Guards shall receive annual refresher training on the following:

Non-lethal weapons, Defensive tactics, Screening, Handcuffing, and Use of force.

Use of Force

Security Guards, by virtue of their position and duties, may employ “Use of Force” in accordance with federal, state, and local laws.

Deadly Force: Any use of force that is reasonably likely to cause death or serious bodily injury.

Non-Deadly Force: Any use of force other than which is considered deadly force. It includes any physical effort used to control or restrain another, or to overcome the resistance of another.

Security Guards may use force to repel an attack on their life and/or the safety and lives of another person(s).

Personnel Contingency Plan

The contractor shall maintain a personnel contingency plan for all contract items associated with this contract which includes the number of personnel required to staff this contract, source of personnel, and a staffing plan in the event people strike or walk off the job. It is critical that all posts are properly manned regardless of absences or shortages of contractor personnel.

Contractor Employees

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees by wearing a security identification badge at all times while at the Government site. When contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties, they must identify themselves as a contractor as such to avoid creating the impression that they are Government employees.

SECURITY GUARD ISSUED EQUIPMENT

To support Security Guard duties and responsibilities in a safe and professional manner, Security Guards shall have basic issued equipment items, including communication devices, such as a two-way radio with a dedicated channel, to converse with fellow Security Guards. All equipment shall be provided by the contractor and be kept clean and maintained in workable condition while worn or carried on duty.

Equipment shall include the following:

Item Description Body Armor NIJ Level IIA with carrier (minimum level) Police Baton with Holder Expandable Flashlight No description needed Handcuffs and Keys NIJ 0307.01 Guideline N95 Disposable Particulate Respirator

OSHA-approved, non-oil resistant, 95 percent particulate blocking

OC or Combination OC-CS (orthoclorobenzaimalononitrile) Canister

2.0-ounce non-flammable flip-top safety canister with fog/cone, stream, or foam spray pattern

Communication Device Radio and cellular telephone Whistle No description needed Company Identification Must include, at a minimum; the Company Name, Security

Guard name, and a picture of the Security Guard.

GOVERNMENT-FURNISHED PROPERTY & INFORMATION

1. Security Guard station area within the main lobby of building No. 159, furnished with a desk and two chairs;

2. Security Guard station landline phone;

3. Electronic passcode(s) to access building No. 159;

4. Sign-In sheets for visitors;

5. BIA and Tribal personnel directory;

6. Emergency response numbers for local law enforcement and emergency medical services;

and

7. Access to copiers and faxes as needed to perform job duties.

Security guards shall be responsible for safeguarding all Government property provided for contractor use. At the end of normal duty hours and/or after normal duty hours, all government furnished facilities, equipment and materials must be secured.

Agency Training

Within 10 days of beginning work, the Agency will provide the following training to Security Guards:

Subject Areas Criteria to Meet Critical Tasks General Job- Related Training

Minimum eight (8) hours of training in the following subjects, with 20 percent practical application:

Overview of the administration and/or Agency policy;

Overview of the Roles and Responsibilities of a Security Guard;

Ethics and Professionalism;

Agency administrations; and Post duties.

NON-PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

INSURANCE

In accordance with the contract clause entitled “Insurance—Work on a Government Installation”, FAR

52.228 5, the contractor shall procure and maintain during the entire period of its performance under this contract, as a minimum, the following insurance:

Type Amount

Comprehensive General Liability:

Bodily Injury or Death $500,000 per occurrence

Motor Vehicle Liability (for each vehicle):

Type Amount

Bodily Injury or Death $200,000 per person

$500,000 per occurrence

Property Damage $20,000 per occurrence

Workers’ Compensation & Employer’s Liability $100,000 per person *

*Worker’s Compensation and Employer’s Liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so co-mingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

For other requirements, see clauses 52.228-5, “Insurance—Work on a Government Installation” and 1452.228-70, “Liability Insurance.”

ATTACHMENTS

Attachment A – Definitions

Attachment B - Contractor Personnel Security and Suitability Requirements

ATTACHMENT A

DEFINITIONS

Agency means: Bureau of Indian Affairs, Pine Ridge Agency.

Appropriate tribal and federal authorities means: Local law enforcement and BIA Criminal Investigators.

BIA means: Bureau of Indian Affairs, Pine Ridge Agency

Contractor means: Security Organization or Security Company providing Security Guard service to the Bureau of Indian Affairs, Pine Ridge Agency.

EMS means: Emergency Medical Services.

Facility Operation Specialist means: The Head of the BIA Facility Management Branch, Pine Ridge Agency.

Government means: United States Government

Local Law Enforcement means: Oglala Sioux Tribe Department of Public Safety.

Post orders means: Written operational instructions that clearly outline duties, responsibilities, and expectations of Security Guards.

Professional conduct means: The accepted manner in which a professional will act and perform his or her duties under the contract.

Security Guard means: A person employed by the contractor to guard and protect buildings and people and maintain order according to the terms of this contract.

Superintendent means: Agency management official who is responsible for overall supervision and management of the Pine Ridge Agency.

Weapons means: types of weapons, defensive tactics or equipment utilized by the Security Guards during the course of the contract.

Working hours means: The hours between 7:00 am to 5:00 pm Monday through Friday.

ATTACHMENT B

Contractor Personnel Security and Suitability Requirements

Performance of this contract requires contractor personnel to have a federal government-issued Personal Identity Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR) will be the requesting official and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.

At least two weeks before start of contract performance, the contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to nonpublic areas of a federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 federally-controlled information system. The contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:

● OPM Standard Form 85 or 85P

● OF 306

● National Criminal History Check (NCHC) (local procedures may require the fingerprinting to done at a police station; in this case, any charges are to be borne by the contractor)

● Release to Obtain Credit Information

● PIV card application (web-based)

Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual's suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual.

If the adjudication is unfavorable, the credentials will not be issued, and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the contractor and the government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials.

Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the contractor must ensure they are available for such contact.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual's credentialed status.

Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center. Those contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.

During performance of the contract, the contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the contractor must ensure that all identification cards are returned to the COR/COTR.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a federally-controlled facility for more than 180 calendar days or any unsupervised access to a federally-controlled Level 3 or 4 information system.