Attachment 1 PWS 20251208.pdf

caDepartment of Homeland Security Federal Emergency Management Agency

Federal Emergency Management Agency

Performance Work Statement

Level II Armed Protective Security Officers

North Carolina

Table of Contents

1.0. GENERAL

1.1. BACKGROUND

1.2 SCOPE

1.3 OBJECTIVE

1.4 APPLICABLE DOCUMENTS

1.5 PERFORMANCE REQUIREMENTS SUMMARY

2.0 SPECIFIC REQUIREMENTS/TASK

2.1 GUARD POST ORDERS

2.2 POST ASSIGNMENT

2.3 ACCESS/EGRESS CONTROL

2.4 SECURITY SCREENING

2.5. VISITOR PROCESSING

2.6 PATROL AND RESPONSE

2.7 TRAFFIC CONTROL

2.8 BUILDING RULES AND REGULATIONS

2.9 EMERGENCIES

2.10 ASSIGNMENT AND SIGN-IN

2.11 CONTRACT MODIFICATIONS

3.0 CONTRACTOR PERSONNEL

3.1 MINIMUM QUALIFICATIONS

3.2 ESSENTIAL JOB FUNCTIONS

3.3 SUITABILITY

3.4 FITNESS REQUIREMENTS

3.5 CONTINUITY OF SUPPORT

3.6 PROJECT MANAGER

3.7 EMPLOYEE CONDUCT

3.8 REMOVAL

4.0 OTHER APPLICABLE CONDITIONS

4.1 SECURITY REQUIREMENTS

4.2 PERIOD OF PERFORMANCE

4.3 PLACE OF PERFORMANCE

4.4. HOURS OF OPERATION

4.5. TRAVEL

4.6. POST AWARD CONFERENCE

4.7 PROJECT PLAN

4.8 BUSINESS CONTINUITY PLAN

4.9 PROGRESS REPORTS

4.10 PROGRESS MEETINGS

4.11 GENERAL REPORT REQUIREMENTS

4.12 CONTRACT TRANSITIONS

5.0 GOVERNMENT TERMS & DEFINITIONS

6.0 GOVERNMENT FURNISHED RESOURCES

7.0 CONTRACTOR FURNISHED PROPERTY

7.1. UNIFORM AND EQUIPMENT

7.2. FIREARMS AND AMMUNITION

7.3. SUPPLEMENTAL EQUIPMENT

8.0. GOVERNMENT ACCEPTANCE PERIOD

8.1. REJECTION OF DELIVERABLES

9.0 DELIVERABLES

10.0 CONTRACTING OFFICER REPRESENTATIVE (COR)

10.1 COR RESPONSIBILITIES

10.2. APPOINTMENT LETTER

10.3. INSPECTIONS

10.4 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

11.0 CONTRACTOR OBLIGATION TO OBTAIN ALL REQ. LICENSES, PERMITS, AND BONDS

12.0 CONTRACTOR’S PERSONNEL FILING SYSTEM

13.0 RECORDS MANAGEMENT OBLIGATIONS

14.0 508 INFORMATION TECHNOLOGY CLAUSE

15.0 DHS ENTERPRISE ARCHITECTURE COMPLIANCE

16.0 SAFEGUARDING OF CONTROLLED UNSLASSIFIED INFORMATION

17.0 INFORMATION TECHNOLOGY SECURITY AWARENESS TRAINING

Performance Work Statement (PWS)

Federal Emergency Management Agency (FEMA)

Level II Armed Protective Security Officers

1.0 GENERAL

1.1 BACKGROUND

The Federal Emergency Management Agency (FEMA), Office of Chief Security Officer, in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, often called the Stafford Act, uses contracted Level II Armed Protective Security Officers to safeguard federal employees, visitors, and property at both temporary and fixed facilities during disaster and emergency declarations. Congress enacted the Homeland Security Act of 2002, Public Law 107-296, 116 Stat 2135 (Nov. 25, 2002) (the Act) to better protect the assets and critical infrastructure of the United States. The Act expressly transfers the authority for law enforcement and related security functions for Federal properties from the GSA to the Secretary of DHS

Level II Armed Protective Security Officers have a crucial and highly visible role in the FEMA mission.

The Act requires the Secretary to “protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property.” 40 U.S.C. 1315(a).

The Act further authorizes the Secretary to designate officers and agents “for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.” 40 U.S.C. 1315(b)(1). Thus, in addition to moving the protective mission into DHS, the statute further expanded DHS's protective coverage to include duties in areas outside federal property to the extent necessary to protect federal property and persons thereon, as well as authorizing off-property investigations related to the protection of federal property and the individuals on that property. 40 U.S.C. 1315(b)(2)(E). To ensure a fast response to disasters an established Contract for Level II Armed Protective Security Officers will minimize the repetitive procurement process and ensure management and mitigation of any procurement, fraud, waste and abuse FEMA mission. They are usually the first line of defense, so it is crucial that the Contractor ensure that their employees realize the importance of their role, know their duties, and always perform their duties courteously and professionally.

a. On Jan. 24, 2025, President Trump issued Executive Order 14180 establishing the Federal Emergency

Management Agency Review Council (FEMA Review Council), noting “the need to drastically improve [FEMA’s] efficacy, priorities, and competence, including evaluating whether FEMA’s bureaucracy in disaster response ultimately harms the agency’s ability to successfully respond.”

b. The Current Presidential Administration’s goal is to hold States accountability to the states on

Mitigation, Response, and Recovery. The COUNCIL TO ASSESS THE FEDERAL EMERGENCY

MANAGEMENT AGENCY was established January 24, 2025. The Council shall advise the President, through the Assistant to the President for National Security Affairs, the Assistant to the President for

Homeland Security, and the Director of the Office of Management and Budget, on the existing ability of FEMA to capably and impartially address disasters occurring within the United States and shall advise the President on all recommended changes related to FEMA to best serve the national interest.

i. Reference: https://www.whitehouse.gov/presidential-actions/2025/01/council-to-assess-the-federal-emergency-management-agency/

1.2 SCOPE

This requirement is for Contract Level II Armed Protective Security Officers to provide security services throughout North Carolina that is issued a major disaster declaration, primarily at disaster related https://www.whitehouse.gov/presidential-actions/2025/01/council-to-assess-the-federal-emergency-management-agency/ https://www.whitehouse.gov/presidential-actions/2025/01/council-to-assess-the-federal-emergency-management-agency/ sites and facilities within the declared disaster. The requirement could occur in any county, throughout

North Carolina.

The immediate requirement will be for armed guard services to be provided within 24 hours of the execution of Attachment 01 - Guard Task Order Form against the Contract. The vendor shall have (25)

Level II Armed Protective Security Officers available at the start of the contract. The Program Office will then issue Attachment 01 - Guard Task Order Form for location, dates, and times to have the Level

II Armed Protective Security Officers performance.

Other FEMA facilities could be open in other areas of the declared state which would require Level II

Armed Protective Security Officers in facilities located in any or all counties throughout North

Carolina.

The Contractor may only utilize Department of Labor (DOL) category 27102 Guard II security personnel to perform services under this contract. All category Guard II security personnel must also meet all local and state qualification requirements necessary to fulfill the responsibilities of the position.

1.3 OBJECTIVE

As an integral part of the FEMA security team, the Contractor shall provide and maintain all management, supervision, manpower, material, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, and files, and shall plan, schedule, coordinate and ensure effective performance necessary to accomplish security services as described and required in this Performance

Work Statement (PWS). The Contractor is entirely responsible for timely obtaining and adhering to the individual state and city / municipality licensing and permits requirements without assistance from the

Federal Government. The Contractor shall perform to the standards required in this PWS and will be expected to work closely with FEMA contracting and security representatives throughout the duration of services.

1.4 APPLICABLE DOCUMENTS

1.4.1 Compliance and Reference Documents

The following documents provide specifications, standards, or guidelines that must be complied with to meet the requirements of this contract:

1.4.1.1 Attachment 02 - Federal Management Regulations (41 C.F.R. PART 102-74)

1.4.1.2 Attachment 03 - American with Disabilities Act (ADA) of 1990 (Pub L. 101-336)

1.4.1.3 Attachment 04 - FEMA Directive 121-1, FEMA Personal Identity Verification Guidelines

1.4.1.4 Attachment 05 - FEMA Directive 121-3, Facility Access

1.4.1.5 Attachment 06 - FEMA Manual 121-3-1, FEMA Credentialing Access

1.4.1.6 Attachment 07 - Homeland Security Presidential Directive – 12

1.4.1.7 Attachment 08 - DHS Management Directive 11042.1

1.5 PERFORMANCE REQUIREMENTS SUMMARY

This Contract includes a Performance Requirements Summary (PRS) at PWS 10.0. The PRS plays an integral role in the administration of the contract. In addition to any applicable inspection clauses or other related terms and conditions contained in the agreement, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the Contracting Officer’s Representative (COR).

Evaluation of the Contractor’s overall performance shall be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR. The PRS constitutes a material aspect of the contract and will not be changed or otherwise modified without prior written approval of the Contracting

Officer.

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Section J.

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2.0. SPECIFIC REQUIREMENTS/TASK

2.1. GUARD POST ORDERS

The Contractor’s employees shall perform the services as prescribed by the contract, to include

Attachment 01 - Guard Task Order Form, and Attachment 09 - Security Guard Post Assignment

Record (Post Orders) and security processes that are contained within the existing disaster Occupant

Emergency Plan associated with the assignment.

In the event of an inconsistency or conflict between documents, the terms in this PWS take precedence over other documents.

2.1.1. Level II Armed Protective Security Officers shall perform their duties in accordance with the duties outlined on the Post Orders which are prepared by FEMA for all shifts on each post. Except for emergencies, the responsibilities of the Level II Armed Protective Security Officers may not deviate from the duties prescribed in the Post Order the COR may modify, amend, and/or revise Post

Assignment Records to change shift duties, start and stop times, and post locations, provided the change has no increased impact on the Contract cost.

2.1.2. The duties of some guard posts require that an Level II Armed Protective Security Officers not leave his or her post until properly relieved. Where this is required, it will be specifically stated in the Post Orders.

2.1.3. Changes to the post orders that increase or decrease the number of hours specified, the amount of equipment and/or supplies required, or otherwise affect the Contractor’s cost or the Contract price, must be made by the Contracting Officer (CO).

2.1.4. Level II Armed Protective Security Officers must be thoroughly familiar with the post orders at all posts where they are assigned to work. Whenever possible, Level II Armed Protective Security

Officers should be familiar with the Post Orders prior to working on the posts. When this is not feasible (i.e. when there are emergency nonrecurring services and the Contractor is given limited advance notice regarding the Government’s requirements), the Contractor should allow, to the maximum extent practicable, Level II Armed Protective Security Officers mount time. Mount time is the period allowed for guards to prepare for the assumptions of their official duties, such as reading materials like post orders, the loading and holstering the firearm, etc.

2.2. POST ASSIGNMENT

Post assignments may include, but are not limited to, the following duties and responsibilities:

2.2.1. Level II Armed Protective Security Officers will be required to perform a variety of security-related duties, depending on the type of posts to which they are assigned. Each post will have a Level

II Armed Protective Security Officers Post Assignment Record (Post Orders). Specific duties and responsibilities associated with each post will be described in the Post Orders.

2.2.2. Level II Armed Protective Security Officers must be thoroughly familiar with the Post Orders at all posts where they are assigned to work. Under no circumstance should any Level II Armed

Protective Security Officers neglect his/her assigned duties to familiarize him/herself with Post

Orders. Level II Armed Protective Security Officers shall be knowledgeable of the location and use of the nearest first aid kit, fire extinguisher, fire alarm, emergency exit, and duress alarm (if any), and shall be ready, willing, and able to use them as necessary and as required by the Post Orders.

2.2.3. Level II Armed Protective Security Officers will be responsible for keeping logs and writing reports of incidents and occurrences encountered during the tour of duty.

2.3. ACCESS/EGRESS CONTROL

2.3.1. Mount time is the period allowed for guards to prepare for the assumptions of their official duties, such as Level II Armed Protective Security Officers will control access to the post area by observing, detecting, and reporting violations of post regulations as directed by the Post

Orders.

2.3.2. Level II Armed Protective Security Officers shall prevent, discover, delay, and/or detain/persons attempting to gain unauthorized access to the property and/or personnel at the facility being protected. Level II Armed Protective Security Officers shall report all such incidents in accordance with established procedures as detailed in the Post Orders.

2.3.3. Level II Armed Protective Security Officers may be required to lock or unlock specific entrances/exits and turn on/off lights in their duty area at specific times as prescribed in the Post

Orders.

2.4. SECURITY SCREENING

2.4.1. Level II Armed Protective Security Officers shall screen personnel, packages, and vehicles for prohibited or unlawful items using manual, automated, or integrated screening techniques.

2.4.2. Level II Armed Protective Security Officers shall prevent, discover, delay, and/or detain/person’s attempting to bring prohibited or unlawful items into the property and/or personnel at the facility being protected. Level II Armed Protective Security Officers shall report all such incidents in accordance with established procedures as detailed in the Post Orders.

2.4.3. Level II Armed Protective Security Officers shall be on alert for unattended and suspicious packages. If the item is determined to be unattended or suspicious, Level II Armed Protective

Security Officers will notify the FEMA Security Manager assigned. Level II Armed Protective

Security Officers will notify in accordance with Attachment 09 - Security Guard Post Assignment

Record (Post Orders), FEMA Contracting Officer Representative, designated person identified on site and their “Business Chain of Command.”

2.5. VISITOR PROCESSING

2.5.1. Level II Armed Protective Security Officers shall process visitors as directed in their Attachment 09

- Security Guard Post Assignment Record (Post Orders).

2.5.2. Level II Armed Protective Security Officers are required to answer questions and provide directions to visitors and facility tenants. Prior to arriving on duty, each Level II Armed Protective

Security Officers shall be familiar with the name, address, and location of his/her post, as well as the

Post Orders of the assigned post. Each Level II Armed Protective Security Officers shall be familiar with each tenant Agency’s name and the locations within the facility of the most commonly sought-after offices or locations, such as service offices, restrooms, elevators, entrances and exits, retail spaces, and parking areas, and shall provide that information to any visitor upon request.

2.6. PATROL AND RESPONSE

2.6.1. Level II Armed Protective Security Officers will conduct patrols in accordance with routes and schedules established in the Post Orders. They will observe, detect, report, and respond to all suspected or apparent security violations.

2.6.2. Patrol duties will be performed in a professional manner, with the Level II Armed

Protective Security Officers responsible for observing the environment, and, when necessary, questioning those persons whose activities arouse suspicion. Patrol Level II Armed Protective

Security Officers will serve as the first responder to all security alarms and emergencies occurring within the area of assignment. Level II Armed Protective Security Officers must provide and maintain complete and effective surveillance, inspection, and protection of all internal and perimeter areas within the designated parameters and limits of the assigned post.

When applicable Level II Armed Protective Security Officers shall call 911 and report to law enforcement when observing criminal activity in progress.

2.6.3. Some posts may require the Level II Armed Protective Security Officer a combination of duties at the assigned post. These are fixed/static at a facility post and roving patrols. Level II Armed

Protective Security Officers should adhere to the patrol schedule as outlined in the Post Orders or as directed by the COR.

2.6.4. Post hours are subjected to change with minimal notice at the beginning of the disaster.

2.7. TRAFFIC CONTROL

When required by the Post Orders, Level II Armed Protective Security Officers will direct traffic on government leased or owned property (vehicular and pedestrian) to include control parking and observe the environment for suspicious vehicles or persons. Level II Armed Protective Security Officers may operate traffic control points and identify, delay, and detain all-suspicious vehicles and personnel as necessary to maintain a level of security sufficient to ensure the safety and protection of all personnel, property, and resources within the FEMA or Federal facility. Suspicious vehicles and persons outside the facility shall be reported to law enforcement by calling 911.

2.8. BUILDING RULES AND REGULATIONS

Level II Armed Protective Security Officers will monitor and observe building occupants and visitors for compliance with the Attachment 02 - Federal Management Regulations (41 C.F.R. part 102-74) and the facility’s posted rules and regulations. Level II Armed Protective Security Officers shall also identify, report, delay, or detain those persons/personnel who violate the rules and regulations as appropriate and in accordance with and as directed by the Post Orders.

2.9. EMERGENCIES

2.9.1 In case of an emergency condition requiring immediate attention, Level II Armed Protective

Security Officers shall act in accordance with procedures in the Post Orders and at the direction of the

COR. This may include diverting Level II Armed Protective Security Officers from their posts to meet the condition and summoning appropriate assistance as may be required. Level II Armed Protective

Security Officers shall immediately make notifications as directed in the Post Orders.

2.9.2 Level II Armed Protective Security Officers shall immediately report all potentially hazardous conditions and items in need of repair, including inoperative lights, locks, security hardware, leaky faucets, toilet stoppages, broken or slippery floor surfaces, blocked emergency routes or exits, etc.

2.9.3 Level II Armed Protective Security Officers shall summon professional assistance in accordance with procedures in the Post Orders in the event of injury or illness to Government employees or others while in the facility or on the grounds.

2.9.4 Level II Armed Protective Security Officers shall prepare and maintain required reports in accordance with the Post Orders regarding security-related issues, such as accidents, fires, bomb threats, unusual incidents and unlawful acts, and provide these reports to those officials specified by the COR.

2.9.5 While on duty, Level II Armed Protective Security Officers shall verbally report threatening circumstances and potentially threatening activities they observe to the COR, or the onsite FEMA

Security Manages. Whenever possible, Level II Armed Protective Security Officers will report a serious or potentially serious problem before responding so that they may receive all necessary backup and support to lessen or eliminate the potential threat.

2.9.6 Level II Armed Protective Security Officers will be required to perform other such functions as may be necessary in the event of situations or occurrences such as civil disturbances, attempts to commit espionage, sabotage, or other criminal acts adversely affecting the security and/or safety of the

Government, its employees, property, and the public lawfully in facilities or on the grounds under the control of the Government.

2.10. ASSIGNMENT AND SIGN-IN

2.10.1. The Prime Contractor shall be responsible for scheduling all work and notifying Level II

Armed Protective Security Officers of their work schedules in a manner consistent with effective

Attachment 01 - Guard Task Order Form.

2.10.2. When requested by the CO or COR, the Contractor shall furnish a copy of the most current schedule of times, and Level II Armed Protective Security Officers by name that will be on post to the Government and provide a weekly schedule.

2.10.3 All Level II Armed Protective Security Officers must be in Prime Contractor company uniform and ready to begin work promptly at the start of their shift and shall remain on the job and in full company uniform until the end of their full tour of duty. No mix matching uniforms or Prime/Subcontractors.

2.10.3.1 If a Subcontractor is utilized to perform Level II Armed Protective Services. The Subcontractor must have an agreement with the Prime Contractor. The Subcontractor is held to the same standards within the PWS and Agreement.

2.10.4 The Prime Contractor and subcontractor's employees shall sign in when reporting for work, and shall sign out when leaving, on Attachment 10 - GSA Form 139, Level II Armed Protective

Security Officers Duty Register. Guards working overnight will sign out at 2400 and sign in at 0001 for billing purposes at the change of the calendar day. A copy of the 139’s will be maintained by the contractor and submitted attached to the invoice.

2.10.4.1 Each successively lower line on Attachment 10 - GSA Form 139 must be completed in chronological order, without exception. Lines may not be left blank among signatures in any period. Each calendar day shall be a new Attachment 10 - GSA Form 139.

2.10.4.2 Erasures, obliterations, superimposed or double entries of any type on any one line are unacceptable and will not be acceptable for payment purposes.

• If errors in signatures, times, post numbers, or duty status are made on the GSA Form

139, the next line, immediately below or following on subsequent sheet's lines containing such errors, will be used to record all information for every column in the correct manner.

• Level II Armed Protective Security Officer shall draw a single line through the entire line on which such mistakes appear.

• The Contractor must attach a detailed memorandum of explanation to each GSA Form

139 containing erroneous entries for the purpose of correlating all mistakes made with the applicable valid lines of information, and for describing the reasons behind those mistakes.

• Payment of invoices is based on the above procedures.

2.10.4.3 The Contractor shall not remove the GSA Form 139s from the job site unless specifically authorized or instructed to do so by the CO or COR. The COR representative will collect all such forms. If the Contractor removes the GSA Form 139s from the post, payment may not be made until the original forms are received by the COR.

2.10.5. Level II Armed Protective Service Officer who patrol between buildings will sign in and out at each facility visited. The Level II Armed Protective Service Officer will sign in and out at each post visited. Attachment 09 - Security Guard Post Assignment Record (Post Orders), specifically

FEMA Security PSO Activity Log.

2.11. CONTRACT MODIFICATIONS:

The Contractor may be financially liable for accepting or implementing changes that affect the Contract

(Attachment 01 Guard Task Order, Attachment 09 Post Orders) price that have not been directed / approved by the CO. Therefore, the Contractor shall be responsible for verifying with the CO whether any requested changes should be provided pending issuance of a modification.

3.0. CONTRACTOR PERSONNEL

The Contractor shall provide qualified and approved personnel to perform all requirements specified in this

PWS. The contactor will be tasked with specific sites and location, hours required, and duty responsibilities. The sites, hours and locations could change on a daily basis at the direction of FEMA

OCSO Security personnel through the Contracting Officer and COR.

Contractor will have the capability of providing 25 Level II Armed Protective Security Officers as employees at the time of signing of the Contract.

• Armed - Guard Level II (ESS) - To be invoiced against CLIN 0001

3.1. MINIMUM QUALIFICATIONS.

3.1.1. All Level II Armed Protective Security Officers and Armed Protective Security Supervisors performing under the resulting contract/orders must meet the following minimum qualifications:

• U.S. Citizenship

• Proficiency in English (written and spoken)

• High school diploma, GED certificate, college transcripts military records or POST training completion

• Current or prior military and/or security experience

• Active Federal, State and Local Firearms permit(s) as applicable

• Have all state/local licenses, permits, registrations, or certifications as required to perform the duties and responsibilities of the position.

• State Security Officer Certification (as required)

• Local permits and renewals (as required)

• CPR, First Aid, and AED certification card.

• Firearm licenses and certifications required by state and local requirements.

• Current firearms training and qualification

• Current baton or OC certification

• Must be at least 21 years of age.

• Grooming Standards

• Level II Armed Protective Security Officers are expected to be clean and properly groomed at all times. Your uniform must be clean, unwrinkled and properly fitting when you report for duty. Uniforms, insignia, accessories and equipment clean and in good repair. The uniforms are to be maintained and worn.

• Level II Armed Protective Security Officers fingernails will be clean, trimmed

(manicured), and not hinder the deployment of your assigned firearm. Nail polish must be worn if it is basic, or natural looking.

• Level II Armed Protective Security Officers hair must be clean, neat and not interfere with the proper wearing of official headgear. Hair must be kept above shoulder length, maintained/secured in ponytail and not extend past the collar. Hair must not interfere with vision or be worn loose.

• Level II Armed Protective Security Officers facial hair must be clean and manicured.

• Level II Armed Protective Security Officers makeup may be worn, provided it is subdued and natural looking. While you are on duty, you may wear jewelry such as earrings (posts/studs), and must not wear dangling earrings, bracelets, body piercings, chains, buttons, or pendants.

• Level II Armed Protective Security Officers tattoos must not have any lewd or offensive indelible marks.

3.1.2. Records of firearms qualifications. Prime Contractor must maintain records of their employees’ successful completion of local and state firearms or other training requirements and possession of a current weapons permit, and upon request (Contracting Officer or Contracting

Officer’s Representative) produce the weapons/permits/certification(s) for immediate inspection at the work location/job site.

3.1.2.1 Use of Force Guideline or Policy. Contractor must provide a copy of their company

Use of Force Guideline or Policy updated within 24 hours of the Contract.

3.1.3. Work experience requirement. Each Level II Armed Protective Security Officer shall have at least two years of security / police experience, or two years of military experience on active duty or in the National Guard or reserve military forces.

3.2. ESSENTIAL JOB FUNCTIONS

3.2.1. The Contractor shall ensure that all uniformed employees assigned to work under the Contract are in good general health without physical and/or psychological impairments that would interfere with the safe and efficient performance of their duties.

3.2.2. The Contractor is responsible for ensuring that all uniformed employees, both current and prospective, can perform the essential functions described below, with or without reasonable accommodation. If one of the Contractor’s employees alleges that he/she has a disability and requires a reasonable accommodation to perform the essential functions of the job, it is the Contractor’s sole responsibility to discuss reasonable accommodation, if any, to provide, at the Contractor’s own expense.

3.2.3. The Contractor, not FEMA, is responsible for complying with the provisions of the American with Disabilities Act (ADA) of 1990 (Pub L. 101-336) and/or the Rehabilitation Act, as applicable, with respect to its employees.

3.2.4. All Level II Armed Protective Security Officers must be able to withstand the physical demands of the job and must be capable of responding to emergency situations without special accommodations by the Government. The following are the essential job functions for uniformed employees working under the Contract:

• Physically detaining and escorting an individual with assistance.

• Work greater than 12-hour days and can work additional hours due to unexpected activity. (Disclaimer may be approved by the COR in writing if requested.)

• Work under occasional tension or pressure.

• Work alone while armed.

• Frequent and prolonged walking, standing, sitting, and stooping.

• Apply handcuffs.

• Use of handgun, make shoot/no-shoot decision with handgun, fire handgun.

• Occasional running or sprinting.

• Respond to life threatening or emergency.

• Climb while in pursuit or in an emergency situation (stairs, etc.).

• Pull oneself over an obstacle.

• Lift/carry/drag/pull/push heavy objects.

• Physically control crowds or by-standers.

• Pursue suspects on foot and subdue combative person after running in pursuit.

• Any other related duties within the PWS & attachments.

3.3. SUITABILITY

3.3.1. All Level II Armed Protective Security Officers may begin working Post when the following documents (Suitability Package Documents) are received by the COR:

• Attachment 11 - Contractor DHS Fitness Form 11000-25

• Attachment 12 - Optional Form 306, Declaration for Federal Employment (OF306)

• Attachment 13 - Lautenberg

• Attachment 14 -DHS Form 11000-6, Sensitive but Unclassified Non-Disclosure Agreement

Amendment Statement

• Attachment 15 - DHS Form 11000-9

3.3.2. All Level II Armed Protective Security Officers will have their Suitability Package reviewed within 72 hours by FEMA Security Specialist and Security Managers. All errors will be returned to the

Contractor for corrections. The Contractor has 72 hours to have it resolved/updated and returned to the identified FEMA COR. Failure to update/resolve and returned. The COR will notify the Contractor to remove the Level II Armed Protective Security Officer from Post.

3.3.3. All Level II Armed Protective Security Officer(s) will have their first and last name, Serial

Number last four digits checked against Integrated Security Management System (ISMS).

3.3.3.1. If the name/Serial Number last four digits is returned as Entrance of Duty Date (EOD)

Denied. They do not stand Post and not to be reran for suitability/fitness.

3.3.3.2. If the name/Serial Number last four digits is returned as non-compliant. The Level II Armed

Protective Security Officers failed to answer two prior emails from a Personal Security Case Worker

(Level II Armed Protective Security Officers shall check SPAM/JUNK FOLDER). The Level II

Armed Protective Security Officers will not be allowed to stand Post. The Level II Armed Protective

Security Officers is allowed to resubmit the Suitability Package Documents. But will not stand post until EOD Approved.

3.3.4. All Level II Armed Protective Security Officer(s) who have been EOD approved, worked for a prior company, or on another Contract, must submit Attachment 11 - Contractor DHS Fitness Form

11000-25 to be switched to the current Contract.

• Personal Security (PER SEC) may approve/disapprove submit Attachment 11 - Contractor DHS

Fitness Form 11000-25 or request resubmittal of Suitability Package Documents (See 3.3.1).

3.4. FITNESS REQUIREMENTS

3.4.1. All contractor personnel who require access to DHS or FEMA information systems, access to

DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally

Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel

Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

3.4.2. The nature of the work performed by Level Armed Protective Security Officers, whether armed or unarmed, rises to the level of Public Trust Moderate Risk.

3.4.3. Contractor personnel occupying positions or performing functions with a Moderate-

Risk designation shall undergo a Tier 2 (T2) background investigation and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

3.4.3.1 A waiver is in place for up to 120 days due to the declared disaster, that supersedes 3.4.3., as long as the conditions of 3.3 Suitability are met.

3.4.4. Facility Access

3.4.4.1 The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity

Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual

121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain the necessary identity badges for contractor personnel in accordance with Homeland

Security Presidential Directive-12.

3.4.4.2 FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the

Chief Security Officer has determined to be a potential security threat.

3.4.4.3 The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a Contract (i.e., the PIV cards or other similar badges) and must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for performance.

• Upon completion of a contractor employee’s employment.

• Upon Contract completion or termination.

3.4.4.4 If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

3.4.4.5 The Contractor or contractor personnel’s failure to return all DHS or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability. FEMA reserves the right to withhold the last invoice until DHS FEMA-issued identifications cards, building passes, and/or Report (See

3.4.4.3.) are received.

3.4.4.6 The Contractor shall maintain record of the fitness approval paperwork in the individual’s local personnel folder or file.

3.4.4.7 The Contractor shall be solely responsible for any delay in the performance of this contract due to any failure by the Contractor’s employees and subcontractors, if applicable, to provide accurate information on the background investigation forms submitted to FEMA for processing. If the background investigation package is incomplete, FEMA Personnel Security will return the incomplete package to the individual for correction. An incomplete background investigation package will not excuse the Contractor from meeting the contract requirements in a timely manner.

3.4.4.8 The Government will exercise full and complete control over granting, denying, withholding, or terminating fitness for contracted employees at any time. The granting of either a preliminary or final fitness determination shall not prevent, preclude, or bar the withdrawal or termination of any such fitness determination by the Government. If an individual has been arrested at any time after the initial fitness determination was granted, then it is incumbent upon the individual to immediately notify his or her supervisor of such an occurrence. If the supervisor or Contractor management becomes aware that an employee or subcontractor has been arrested at any time after the initial suitability was granted, the Contractor must notify the COR in writing within 12 hours of receiving that information.

3.4.4.9 If there is any disqualifying information that renders an individual unfit to perform his or her required duties as determined by the COR, then the individual shall be removed from duty.

3.4.4.10 The Contractor shall be able to provide up to 25-Level II Armed Protective Security

Officers, within 24 hours of the effective date of this Contract. The Contractor shall provide armed guard services for additional sites identified after the initial effective date within 24 to 48 hours after an LUA/Lease/MOU is signed.

3.4.4.11 The Contractor shall submit a minimum of 25 vetted Guard packets at the start of the

Contract at no cost to the Government.

3.5. CONTINUITY OF SUPPORT

The Contractor shall ensure that the contractually required level of support for this requirement is always maintained. The Contractor shall ensure that all Contract support personnel are present for all hours of the workday. If for any reason the Contractor staffing levels are not maintained due to vacation, leave, appointments, etc., and replacement personnel will not be provided, the Contractor shall provide e- mail notification to the Contracting Officer’s Representative (COR) prior to employee absence.

Otherwise, the Contractor shall provide a fully qualified replacement.

3.6. PROJECT MANAGER

The Contractor shall identify a Project Manager who shall be responsible for all Contractor work performed under this PWS. The Project Manager shall be a single point of contact for the Contracting

Officer and the COR. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The

Project Manager and all designated alternates shall be able to read, write, speak, and understand English.

Additionally, the Contractor shall not replace the Project Manager without prior approval from the

Contracting Officer and COR.

3.7. EMPLOYEE CONDUCT

3.7.1. Contractor’s employees shall comply with all applicable Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS or FEMA uniforms, and possession of weapons) when visiting or working at

Government facilities. The Contractor shall ensure Contractor employees always present a professional appearance and that their conduct shall not reflect discredit on the United States or the

Department of Homeland Security. The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.7.2. Level II Armed Protective Security Officers are expected to always conduct themselves in an acceptable manner. While on post, Level II Armed Protective Security

Officers will not engage in the following:

3.7.2.1. Engaging in any disallowed activities while standing post

3.7.2.2. Non-official fraternization with building occupants or visitors

3.7.2.3. Violating 41 C.F.R. part 102-74 subpart C or other Federal, state, or local law

3.7.2.4. Eating or using any tobacco product on post

3.7.2.5. Reading newspapers, books, magazines, etc. on post

3.7.2.6. Using, watching, or listening to non-official audio or video devices on post

3.7.2.7. Sleeping, dozing, or napping on post

3.7.2.8. Playing cards or other games on post

3.7.2.9. The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, hygiene, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to include removal of an

Level II Armed Protective Security Officers from a at its own discretion or at the direction of the CO.

3.7.3. DHS and FEMA reserve the right and prerogative to deny and/or restrict the facility and information access, or to direct the removal from the Contract, of any Contractor employee who:

3.7.3.1. DHS or FEMA determines to present a risk of compromising sensitive Government

Information to which he or she would have access to under this contract

3.7.3.2. Solicits or receives gifts based upon their position

3.7.3.3. Engages in personal use of government property

3.7.3.4. Uses government property or non-public information for private gain

3.7.3.5. Engages in political or private fundraising while on duty

3.7.3.6. Promotes or endorses political candidate or agenda while on duty

3.7.3.7. Engages in any generally inappropriate behavior while on duty

3.8. REMOVAL

The Government may, at its sole discretion (via the Contracting Officer), direct the Contractor to remove any Contractor employee from DHS or FEMA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

3.8.1. The COR may recommend to the CO that the CO direct the Contractor to remove any employee from any or all locations where the Contractor has contracts with the FEMA if the employee is not maintaining satisfactory performance in accordance with the contract.

3.8.2. The CO may direct the removal of employee for a disqualification for employment suitability, performance suitability, or security reasons, or found unfit for performing security duties during his/her tour of duty.

3.8.3. The CO may direct the removal of Contract employees from the Contract for misuse, willful damage, or willful destruction of Government property. The Contractor employee may face further penalties as deemed necessary by the Government.

3.8.4. In the event of a dispute by the Contractor of the directed removal, the CO will make the final determination.

3.8.5. The CO will provide specific reasons for removal of an employee to the Contractor in writing.

3.8.6. The Government shall not be responsible for any additional costs borne by the Contractor in connection with removed personnel.

4.0. OTHER APPLICABLE CONDITIONS

4.1. SECURITY REQUIREMENTS

4.1.1. FOR OFFICIAL USE ONLY (FOUO) INFORMATION:

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor will:

4.1.1.1. Be aware of and comply with the safeguarding requirements for “For Official Use Only”

(FOUO) information as outlined in this directive.

4.1.1.2. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information such as: Sensitive Security Information (SSI).

SSI is a category of sensitive but unclassified information under the United States government's information sharing and control rules. SSI is governed by Title 49 of the

Code of Federal Regulations (CFR), parts 15 and 1520. SSI is information that, if publicly released, would be detrimental to transportation security, as defined by

Federal regulation 49 C.F.R. Part 1520.

4.1.1.3. Understand that divulging information without proper authority could result in administrative or disciplinary action.

4.1.1.4. Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but

Unclassified Information Non – Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS or FEMA, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon publication of this directive and not applied retroactively.

4.1.2. OPERATIONS SECURITY (OPSEC):

Contractors and Subcontractors who are working on this Contract shall receive an OPSEC

Awareness Brief. Access to the briefing can be obtained at https://securityawareness.usalearning.gov/opsec/index.htm

Send the certificate of completion to the FEMA COR no later than 30 calendar days after Contract.

New employees entering the Contract must receive the briefing within ten (10) business days of joining the contract.

4.1.3. UNAUTHORIZED DISCLOSURE OF CLASSIFIED OR UNCLASSIFIED INFORMATION:

The following language shall be incorporated in its entirety in the “Security” section of all requirement documents (Performance Work Statement, Statement of Objectives, or Performance

Work Statement) establishing unauthorized disclosure of classified or unclassified information by contractors to perform duties established by the Government during the performance period of an executed contract:

4.1.3.1. Contractors and Subcontractors who are working on this Contract shall receive the

Unauthorized Disclosure of Classified or Unclassified Information training when the Contract is issued. Access to the training can be obtained at:

https://securityawareness.usalearning.gov/opsec/index.htm https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

4.1.3.2. Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after Contract. New employees entering of a Contract must receive the briefing within ten (10) business

4.1.4. Contractor access to classified information is not currently required under this PWS.

4.2. PERIOD OF PERFORMANCE

The period of performance for this Contract is a Base of three month with three, three-month options.

4.3. PLACE OF PERFORMANCE

Although the specific site locations will vary, they will be within the State/Territory designated in the disaster declaration. Locations will be specified in contract or verbally until followed up with a written contract modification. The types of locations for which Level II Armed Protective

Security Officers will be required include:

• Joint Field Offices and Annex

• Branch Offices

• Initial Operating Facilities

• Disaster Relief Centers

• Mobile Disaster Relief Centers

• Logistical Staging Areas

• Communications Centers

• Responder Base Camps

• Temporary Military Bases

• Urban Search and Rescue Staging and operational sites

• Temporary Group Sites

• Temporary Housing Centers

• Commercial Parks

• Group Sites

• Private Sites

• Ships

• Annex offices

• Other facilities as identified by the on-scene FEMA Manager, as coordinated through the

FEMA CO

4.4. HOURS OF OPERATION

Hours of operation will be specified in contract or verbally until followed up with a written contract modification. Limitation on hours to be provided by individual employees of the Contractor:

4.4.1. No employee of the Contractor or subcontracted employee shall provide more than twelve (12) hours of combined service on any one or multiple contracts administered by FEMA in any twenty-four (24) hour period unless the work periods are separated by an eight (8) hour non-duty period.

4.4.2. The limitation on hours may be orally waived by the COR in emergencies that are beyond the control of the Contractor (i.e., weather conditions that prevent the next shift from getting to the facility, civil disturbances, natural disasters, emergencies, etc.). The Contractor shall provide the COR the written waiver request within 1 hour of identification of pending need. The COR will sign and https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm return the wavier to the Contractor.

4.4.3. In no case shall any employee provide services under a Contract that exceed maximum allowed hours of service as set by applicable federal, state, or local law.

4.5. TRAVEL: Travel will not be paid and is a part of the FFP Hourly Rate.

In the event lodging is limited and FEMA has FEMA Responder Lodging, the Company may utilize lodging in Responder Lodging to house PSO’s. Approval must be obtained from the Contracting Officer prior to the use of this lodging. If approval is made the Contracting Officer may adjust Lodging, Lodging Tax, and M&IE. The Contracting Officer will may adjust based on type of lodging and if meals are provided by the Responder Lodging program. See Attachment 19 - Security Equities in Standing Up

Responder Lodging Locations During Disaster Operations.

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