Attachment 1- Performance Work Statement.pdf

DEPARTMENT OF HOMELAND SECURITY (DHS)

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OFFICE OF THE PRINCIPAL LEGAL ADVISOR (OPLA)

Prepared By The Mission Support Division, Dallas, Texas Regarding The Chief Counsel Office In Newark, New Jersey

Nov 2021 Performance Work Statement (PWS)

Background:

The Office of the Principal Legal Advisor (OPLA) provides the legal advice, training, and services required to support the ICE mission while defending the immigration laws of the United States in administrative and Federal courts. Pursuant to section 442 (c) of the Homeland Security Act, OPLA is the exclusive legal representative for ICE and is the DHS legal component authorized to represent the Federal government in all exclusion, deportation, and removal proceedings before the Executive Office of Immigration Review (EOIR).

OPLA attorneys are primarily assigned to litigate cases in immigration court. One such court is co-located with OPLA’s Office of the Chief Counsel (OCC) located in the Peter W. Rodino Federal Building at 970 Broad Street, Newark, NJ, 07102. Court is frequently in session late into the day or early evening. Additionally, attorney workloads often require attorneys who are not in court to work late during the day. During a significant portion of the year, attorneys frequently leave the office after sunset.

Objective:

To address safety and security concerns pertaining to the area surrounding the OPLA OCC in Newark, NJ, OPLA wishes to procure late afternoon/early evening ground transportation service to transport attorneys from the office to Penn Station, Broad Street Station, the Newark Liberty International Airport, and three parking lots located in close proximity to the OCC (see item 2 below). The government’s intent is to issue a firm, fixed price contract.

Scope of Work:

Due to existing and ongoing safety and security issues concerning the area in proximity to the OCC, OPLA requires ground transportation service to transport its attorneys from 970 Broad Street and 20 Washington Place to Penn Station, Broad Street Station, Newark Liberty International Airport and parking lots in the vicinity of the OCC. Specifically, the contractor will:

1. Provide a driver, who will always conduct himself/herself in a courteous and professional manner, and an 8–10 passenger capacity van or vehicle for ground transportation service.

2. The driver shall:

a. Pickup OPLA employees at 970 Broad Street and 20 Washington Place beginning at 4:30pm.

b. The driver will then transport the employees, on as needed/directed basis, to the locations listed below as required by each employee:

• Penn Station located at Raymond Plaza

• Broad Street Station located at 25 University Avenue

• The parking lot at 10 Hill Street

• The parking lot at 1023 Broad Street

• The parking lot at 1042 Broad Street

• Newark Liberty International Airport

The government anticipates daily drop offs at Penn Station and Broad Street Station.

The other listed locations may or may not be on a less frequent “as needed” basis.

c. After the last passenger is dropped off, the driver will return to 970 Broad Street and 20 Washington Place to pick up additional riders and transport them to Penn Station, Broad Street Station, and/or to the listed parking lots, based on the needs of the employees.

d. This process will be repeated as many times as time allows with the last scheduled pick up of the evening at 970 Broad Street and 20 Washington Place to take place no earlier than 7:15pm. This will mark the start of the final transport of each day.

e. The driver and the OPLA employees will exchange names and cell phone numbers so that communication can be made in the event the driver is running late or for any other unforeseen circumstances or conditions that may require the driver and OPLA employees to communicate prior to pick up.

It is unknown exactly how many complete circuits will be made by the driver on any given day. Variables such as the number of passenger pickups and drop offs, traffic conditions, weather, red lights, etc., may have an impact on when the driver will begin the final circuit each evening. If the driver returns for the final evening run before 7:15pm, the driver will wait until 7:15pm to begin the final circuit.

3. Service will be Monday through Friday with the exception of the following 11 Federal holidays.

New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Juneteenth, Veterans Day, Thanksgiving Day, Christmas Day.

4. Ground transportation service provided to OPLA under this contract will be limited exclusively to OPLA employees and/or OPLA authorized visitors. The driver will not pick up and/or drop off any other customers not directly or indirectly related to OPLA during the hours of 4:45pm and the final drop off of each day.

Contractor Requirements:

The contractor shall be in, and maintain, compliance with all Federal, State of New Jersey, and City of Newark laws, rules, and regulations pertaining to public ground transportation services.

The Contractor shall provide evidence of adequate insurance as required by the State of New Jersey. The contractor shall also provide evidence that the driver(s) has/have the proper driver’s licenses as required by state and/or city regulations.

The vehicle driver is expected to wear a company uniform that will be recognizable to the OPLA employees. The driver should dress the same each day of shuttle service.

The shuttle vehicle shall be clearly marked with its company sign and/or logo, so as to be readily recognizable by the OPLA employees who are waiting for pick up. The vehicle shall be “non-smoking,” and the seats and flooring shall be clean and free of clutter and any loose thrash prior to the start of the pickup period. No foul or offensive odors shall be present at any time in the vehicle during service hours. The vehicle’s seat belts must be functional and in good working condition at all times. The vehicle must be well maintained to prevent potential mechanical break-downs. The contractor shall be responsible for providing a back-up vehicle, on an as needed basis, in the event the regular vehicle malfunctions on any particular day. The contractor shall be responsible for providing, on an as needed basis, a back-up driver in the event the regular driver in unable to perform his/her duties on any particular day.

Should the winning contractor utilize paid employees for this service, the Service Contract Act of 1965 will apply. Wage Determination #WD 2015-4211 (Rev 16) posted on www.wdol.gov on 07/21/2021 labor category 31290 “Shuttle Bus Driver,” must be used when determining the Drivers’ minimum hourly wage and other benefits. Potential contractors must review and understand the requirements of WD 2015-4211 (Rev 16) prior to submitting bids.

All drivers authorized to perform the stated services for the Federal government are required to pass a background check. Appropriate forms and instructions will be provided to the winning contractor at a later date.

All drivers working on this contract must be a citizen of the United States of America, either by birth or naturalization, or possess a valid United States Citizenship and Immigration Services (USCIS) Permanent Residence form or work authorization permit. Drivers must not be in violation of any Immigration laws.

The selected contractor will be required to register with the System for Award Management (SAM) prior to contract award at http://www.sam.gov/

Security Requirements:

http://www.wdol.gov/ http://www.sam.gov/

General

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

Preliminary Determination

ICE will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement – Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

Background Investigations

Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit.

Prospective Contractor employees, whether a replacement, addition, subcontractor employee, or vendor employee, shall submit the following security vetting documentation to OPR-PSU, in coordination with the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by applicant in their OPM e-QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of Questionnaire (e-signature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by applicant in their OPM e-QIP account.

3. Two (2) SF 87 (Rev. March 2013) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU)

4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and

6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and

7. Two additional documents may be applicable if applicant was born abroad and/or if work is in a Detention Environment. If applicable, additional form(s) and instructions will be provided to applicant.

Prospective Contractor employees who currently have an adequate, current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit a complete security packet.

Information on record will be reviewed and considered for use under Contractor Fitness Reciprocity if applicable.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years.

Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU as notified via the COR.

Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information.

The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system.

Transfers From Other DHS Contracts

Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation.

Transfers will be submitted on the COR Transfer Form which will be provided by OPR-PSU along with other forms and instructions.

Continued Eligibility

If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract.

The OPR-PSU may require drug screening for probable cause at any time and/or when the contractor independently identifies, circumstances where probable cause exists.

The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

ICE reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract.

Required Reports

The Contractor will notify OPR-PSU, via the COR, of terminations/resignations of contract employees under the contract within five days of occurrence. The Contractor will return any ICE issued identification cards and building passes, of terminated/ resigned employees to the COR.

If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU, via the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, via the COR, a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation) . The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

Employment Eligibility

The contractor will agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization.

The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility Verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees.

The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees.

Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

Security Management

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor.

The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

The following computer security requirements apply to both Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department.

Period of Performance:

The period of performance will consist of a base year period beginning at the time the order is awarded and continuing for 12 months with up to four (4) one-year option periods. Period of performance will not exceed five years without these services being recompeted.

Billing/Invoicing:

The vendor will invoice monthly in arrears. Invoices will be submitted to the ICE Burlington Finance Center for payment. Billing instructions will be included on the award document.

Point of Contact:

Mark Gonzales, Program POC Contracting Officer’s Representative (COR) Mission Support Specialist OPLA Mission Support Division Immigration and Customs Enforcement 8222 N. Belt Line Road Irving, TX 75063 Telephone: (678) 943-0270 Mark.r.gonzales@ice.dhs.gov