Attachment 1- PWS PT Track Cleaning Striping and Relabeling DSS Name as of 16 April 2024.pdf
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- Attached to
- PT TRACK CLEANING, STRIPPING AND RELABELING
- Solicitation number
- W9124C24Q0003
About this file
This document is a Performance Work Statement (PWS) for a firm-fixed price contract to provide cleaning, repair, and striping services for an 8-lane physical fitness running track at the United States Army Drill Sergeant Academy (USADSA) in Fort Jackson, South Carolina. The contractor shall thoroughly clean the 4,635 square yard track, replace 28 square yards of delaminated surface, remark the 8 running lanes per NFHS standards, and relabel the "USADSA" lettering. The period of performance is 30 May 2024 through 30 August 2024. The government will provide water, electricity, and trash disposal services. Proposals are due by 09 May 2024 and questions must be submitted by 01 May 2024. The contract will be awarded to the contractor that provides the best value to the government.
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PERFORMANCE WORK STATEMENT (PWS)
United States Army Drill Sergeant Academy (USADSA)
PT Track Cleaning,Striping & Relabeling DSS Name
Part 1
General Information
1. GENERAL: This is a non-personal services contract to provide the United States Army Drill SGT Academy Physical fitness running track service for 3 months on 4,635 square yards. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 Background: The U.S. Army Drill Sergeant Academy (USADSA) trains, educates, certifies, and validates a non-commissioned officer’s abilities to execute and teach the core tenants of the Enhanced Basic Combat Training Program of Instruction; Physical Readiness Training, Drill and Ceremonies, Basic Rifle Marksmanship, and Warrior Tasks and Battle Drills.
1.3 Objectives: The purpose of this contract is to obtain the necessary contractor to perform quality service for the physical fitness track cleaning, repairs and striping of the eight running lines utilized for the Army Combat Physical Fitness Test.
1.3.1. Perform a onetime service for the physical fitness running track on compound of the Drill SGT Academy.
1.3.2.1.1 Thoroughly clean approximately 4,635 square yards of track surface with pressure washing to remove mold, mildew, or potential bond breakers. Use the Cyclone 5000Y vehicle mounted and the Cyclone CY210 walk-behind units for pressure washing. These units produce hot water and are equipped with a rotating high-pressure washing head capable of producing 4,000 PSI while controlling water run-off). Facility owner is responsible for providing a water source.
1.3.2.1.2 Remove and replace approximately 28 square yards of delaminated track surface with new surface.
1.3.2.1.3 Remark track striping for 8 running lanes per NFHS standards.
1.3.2.1.4 Relabel track lettering “USADSA” in white with black shadowing.
1.3.2.1.5 Clean up and dispose of debris into dumpsters.
1.4 Scope: The general scope of services will include track striping of 8 running lanes, track repair 28 square yards delaminated track surface and relabeling lettering of USADSS to USADSA at building 9574 Lightening Street Columbia SC 29207.
1.5 The contractor shall meet the duties and tasks listed in part 5 of the PWS.
1.5 Period of Performance: 30 May 2024 - 30 Aug 2024 One-Time. Period of performance will be included in contract.
1.6 General Information
1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s Quality Control Program (QCP) is the means that assures work complies with the requirement of the contract.
As a minimum, the Contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”.
Within 30 days after contract is awarded or upon submission of the contractor’s proposal, if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the KO, COR, and Alt COR within five working days when changes are made thereafter. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.
1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.3 Recognized Holidays: Contractor is not required to perform services on holidays.
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Jubilee Day Independence Day Christmas Day
1.6.4 Hours of Operation: The Contractor is responsible for conducting business functions, between the hours of 7:30AM- 4:30PM, Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.
For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.
When hiring ep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The Contractor shall perform the tasks of this contract at Government- furnished facilities at the USADSA, Fort Jackson, South Carolina.
1.6.6 Type of Contract: The government anticipates award of a firm-fixed price contract.
Security Requirements:
1. AT Level I training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mi
2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
2b. For contractors that do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and http://jko.jten.mi/ procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
7. For contracts that require OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. OPSEC Awareness for Military Members, DoD Employees and Contractors is available at the following website:
http://cdsetrain.dtic.mil/opsec/index.htm
Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government-furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially about changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
Key Personnel: The following personnel are considered key personnel by the Government: Contractor program manager/team lead. The Contractor shall provide a contract manager who shall be responsible for the performance of the work, communicates daily with the COR, and is the point of contact for matters relating to the work required. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 AM to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.
In-Progress Reviews (IPRs): The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and to discuss contract status/issues.
At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. In the event there are issues, these should be placed in the monthly status reports prior to the IPR so that they are identified and fixed, if possible, before meeting face to face. Appropriate action shall be taken to http://cdsetrain.dtic.mil/opsec/index.htm resolve outstanding issues. These meetings shall be at no additional cost to the Government.
Reporting Requirements: All documents and deliverables described in this PWS, and amendments or modifications thereto, shall be submitted in a professional manner to the COR.
Problem Notification: The Contractor shall bring problems or potential problems affecting performance to the attention of the COR as soon as possible verbally. Verbal reports shall be followed up with written reports directed to the COR and the Contracting Officer.
Conflict of Interest: The Contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest as established in DoD 5500.7-R, Joint Ethics Regulation. Additionally, the Contractor shall not employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with DoD 5500.7-R. The Contractor shall not employ any person who is an employee of the Department of the Army if such employment would be contrary to policy set forth in AR 215-1.
Treatment of Students: Contractor employees must adhere to TRADOC Reg 350-6 (Initial Entry Training (IET) Policies & Administration), AR 350-1 (Army Training) and FJ 600-3 (Prohibited Practices and Illegal Associations). The Contractor must treat all students in a professional manner and shall not accept personal remuneration for services rendered in the performance of duty. The Contractor shall not engage in social activities with student personnel unless specifically invited by the COR or COTR.
The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative).
The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
See Technical Exhibit 4 for the Fort Jackson Vetting Policy/Documents.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.
This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.
2.1.11. SUB-CONTRACTOR. One that enters a contract with a prime Contractor. The Government does not have privity of contract with the sub-contractor.
2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.13. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AIT Army Initial Training AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation ATSC Army Training Support Center CAC Combined Arms Center CAC Common Access Card CBT Computer-Based Training CCE Contracting Center of Excellence CFR Code of Federal Regulations CHCS Chaplain Center and School COE Contemporary Operational Environment CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off-the-Shelf CRXXI Classroom XXI DA Department of the Army DCO Defense Connect Online DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DISA Defense Information Systems Agency DMDC Defense Manpower Data Center DOD Department of Defense ECP Enterprise Classroom Program (formally CRXXI) FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 IPR In-Progress Review IA Information Assurance
IAT Information Assurance Technician IT Information Technology KO Contracting Officer MCTS Microsoft Certified Technology Specialist NACI National Agency Check with Written Inquiries OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OJT On-the-Job Training PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SA System Administrator SSCP Systems Security Certified Practitioner SSI Soldier Support Institute TE Technical Exhibit TRADOC Training and Doctrine Command
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1 Services: The Government will furnish heat, electrical power, sewer service, and water at no cost to the Contractor during performance of work.
3.1.1 Telephone Service: The Government will furnish telephone service with local and calling capability. Additionally, the Government will provide access to long distance telephone service for the contractor to conduct official business related to the requirements of this contract.
3.1.2 Trash Disposal: The Government will furnish trash pickup and disposal. The Contractor will be responsible for the placement of trash in the nearest garbage can or dumpster. At no time will any computer hardware, peripherals or hardware identified as “IT in nature” will be disposed of without prior approval.
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.
PART 5
SPECIFIC TASKS
5. SPECIFIC TASKS:
5.1 Thoroughly clean approximately 4,635 square yards of track surface with pressure washing to remove mold, mildew, or potential bond breakers. Use the Cyclone 5000Y vehicle mounted and the Cyclone CY210 walk-behind units for pressure washing.
These units produce hot water and are equipped with a rotating high-pressure washing head capable of producing 4,000 PSI while controlling water run-off). Facility owner is responsible for providing a water source.
5.2 Remove and replace approximately 28 square yards of delaminated track surface with new surface.
5.3 A Remark track striping for 8 running lanes per NFHS standards.
5.4 Relabel track lettering “USADSA” in white with black shadowing.
5.5 Clean up and dispose of debris into dumpsters.
PART 6
APPLICABLE PUBLICATIONS
6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)
6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Following is a list of regulations, though not all-inclusive:
• DOD Instruction 8500.2, Information Assurance (IA) Implementation, 6 Feb 03
• DOD 8570.01-M Information Assurance Workforce Improvement Program with
Change 2 – dated 20 April 2010
• AR 25-1 Army Knowledge Management and Information Technology
• AR-25-2 Information Assurance
PART 7
ATTACHMENTS/TECHNICAL EXHIBIT LISTINGS
7. Technical Exhibit List:
Technical Exhibit 1 – Performance Requirements Summary Technical Exhibit 2 -- Fort Jackson Contractor Vetting Policy
TECHNICAL EXHIBIT 1
Performance Requirements Summary
The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective Standard Performance Threshold
Incentives/ Disincentives
PRS # 1. The contractor shall provide all equipment and personnel to complete the specific task outlined in part 5
Standard: The contractor Thoroughly clean approximately 4,635 square yards of track surface with pressure washing to remove mold, mildew, or potential bond breakers. Use the Cyclone 5000Y vehicle mounted and the Cyclone CY210 walk-behind units for pressure washing. These units produce hot water and are equipped with a rotating high-pressure washing head capable of producing 4,000 PSI while controlling water run-off).
Facility owner is responsible for providing a water source.
Remove and replace approximately 28 square yards of delaminated track surface with new material.
No more than two customer complaints per quarter
Documentation of the Offerors past performance/ exercise of option period(s)/ issuance of Contract Discrepancy reports (CDR)s
PRS # 2
The contractor shall Standard: The contractor
Remark track striping for 8 running lanes per NFHS standards.
Relabel track lettering “USADSA” in white with black shadowing.
Clean up and dispose of debris into dumpsters
No more than two customer complaints per quarter
Documentation of the Offerors past performance/ exercise of option period(s)/ issuance of Contract Discrepancy reports (CDR)s
Fort Jackson Contractor Vetting Policy
1. References:
a. DoDI 2000.16 Standard 18. DoD Antiterrorism (AT) Standards.
b. AR 535-13 Antiterrorism, 11 September 2008.
c. Directive-Type Memorandum (DTM) 09-012, “Interim Policy Guidance for DoD
Physical Access Control.
d. Immigration and Nationality Act. SEC 274A – Unlawful Employment of Aliens.
2. Purpose: this policy establishes procedures and responsibilities for the standardization vetting program for contractor employees who work on Fort Jackson and who are authorize a DoD Common Access Card (CAC). In accordance with reference 1.a. and 1.b., this policy implements measures to maintain positive control of contractors within the installation. This policy also ensures contractors are in compliance with reference 1.c. and employ only authorized.
workers whose identity can be validated.
3. Policy:
a. All contractors on Fort Jackson will be badge under the Contractor Verification
System (CVS) program (using a CAC badge) or under the DES Standardized Contractor ID vetting program. Contractors performing work on Fort Jackson for a period 30 days or less, or contractors who have forgotten their badge at home can receive a temporary badge under the DES Standardized Contractor ID vetting program.
b. All garrison, mission, and tenant government organizations on Fort Jackson.
(1) Provide contract data of prime and subcontractors for any contracts you have to the DES contactor Vetting Office supervisor using the Excel Spreadsheet sample format (enclosure 1) by e-mail.
(2) All primary and subcontractors should be aware of the Immigration Customs enforcement (ICE) Mutual Agreement between government and employers (IMAGE) Program (enclosure 2).
c. Fort Jackson Directorate of Emergency Services (DES).
(1) Establish a program to vet contract personnel on Fort Jackson who are not authorized a DoD common access card under the CVS program.
(2) Establish a process to verify contractor employee vital information required to confirm their identity (enclosure 4).
(3) The DES Vetting Office will contact the prime contractor POC as listed on the contract data by e-mail when verification process has been completed to schedule a date and time for badges to be issued. If no e-mail address is listed for the prime contractor, the COR will be notified.
(4) Maintain a current list of all prime and subcontractors currently performing work on Fort Jackson.
(5) Provide a fixed site vetting processing capability located in Bldg 4394.
d. Contractors.
(1) All prime contractors must provide a letter requesting contactor badges (enclosure 3 & 4) signed by a designated representative from the company listing all employees who require access to Fort Jackson. A separate letter will be submitted for each sub-contractor. The letters will be provided to the Government Contracting Officer (COR) of their contract that is responsible for providing this information to the DES Vetting Office. Requested contract data is to be e-mailed to_Regina.l.norris.civ@army.mil or faxed to _______with a cover sheet indicating it was sent from the COR. The letter will list the last name, first name, middle initial, social security number of the employee, and have as attachments the E-Verify status and criminal check. Badge request will be kept on file for 90 days from the date the request is received. A new request will be required for any individual that has not received their badge within ninety days.
(2) The contractor is responsible for collecting badges from employees and returning those to the DES Vetting Office once the employee ceases to work on the contract. The contractor will notify the DES Vetting Office when a badge is lost or cannot be recovered from the employee. In the event a badge is lost, the prime contractor will provide a request for replacement badge (enclosure 5) to the DES Vetting Office by e-mail or fax. It is understood this is difficult, but the contractor will make a best effort to obtain the badge and provide a document of his efforts to the COR and the Vetting Office.
(3) It is the contractor’s responsibility to provide arm bands or other special means to display ID badge so that the badge would not interfere with safety or the mailto:to_Regina.l.norris.civ@army.mil performance of duty.
(4) Contractors are required to verify all social security numbers for their employees prior to submitting the letter to the government COR. One recommended system for social security number verification is the Social Security Administration web based system at: http://www.ssa.gov/employer/ssnv/htm. Refer to the step-by-step instructions for registering.
e. Badges.
(1) Can serve as a form of ID while on Fort Jackson for accessing the installation.
(2) Will be issued for the length of the contract, plus any additional time requested by the COR (not to exceed four years). If a contract is extended, the COR will notify the DES Vetting Office of the new contract end date. The prime contractor will be responsible for providing a list of names for all employees both prime and subcontractors whose badges need to be extended to the COR who will forward the information to the DES Vetting Office. The badges will be reissued one week prior to the original expiration date.
(3) Badges will be always displayed and may be attached or worn in any manner on the front torso, the right or left arm, or around the neck on the outer most garment so they are easily visible for inspection.
f. Legal Hiring by Individuals. Section 274A of the Immigration and Nationality Act (enclosure 6) provides detailed procedural requirements employers must follow before hiring any individual. All employers, regardless of the size of their respective business, must verify the identity and work authorization of every new hire, citizen, or alien. This includes reviewing documents which establish the employee’s legal identity and his/her eligibility to be employed in the United States. If the employee is being hired for three or fewer days, verification must be done immediately when employment commences.
g. Non-compliance. Contractor employees found without badges can be escorted to post boundaries, and referred to the COR. Violations could form the basis for adverse contract action under the rights and remedies of the contract term and conditions.
4. Proponent: Directorate of Emergency Services, Physical Security, at (803) 751- 2005.
http://www.ssa.gov/employer/ssnv/htm
Immigration Customs Enforcement (ICE) Mutual Agreement between Government and
Employer (IMAGE) Program
1. It is highly desired all prime and subcontractors working on Fort Jackson join the Department of Homeland Security (DHS) ICE Mutual Agreement between Government and Employers (IMAGE) Program and become IMAGE certified. A known vulnerability on Fort Jackson has been the presence of unauthorized aliens (undocumented workers) who have secured jobs by fraudulent means, including presentation of false documents, completion of fraudulent benefit applications, and theft of identities. To combat unlawful employment and reduce vulnerabilities that help illegal aliens gain employment, the Department of Homeland security (DHS) recently introduced the ICE Mutual Agreement between the Government and Employers (IMAGE) program. The goal is to assist employers in targeted sectors to develop a more secure and stable workforce and enhance fraudulent documentation awareness through education and training. The website for IMAGE is http:/www.ice.gov/partners/opaimage/
2. Upon enrollment and implementation of the DHS’s best hiring practices program participants will be deemed “IMAGE Certified”—a distinction DHS believes will become an industry standard.
3. All IMAGE participants gain membership to DHS’s Basic Pilot Employment Verification Program administrated by USCIS. Though this employee authorization verification program, employers can verify newly hired employees are eligible to work in the United States. The internet-based system is available in all 50 states and is currently free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records. To sign up for participation in the Basic Pilot Employment Verification Program, visit the registration website http://www.is-dhs.com/EmployerRegistration/
4. For more information on the IMAGE Program, please visit the IMAGE FAQ page.
You may request an information packet via the IMAGE Information Packet Request form.
http://www.is-dhs.com/EmployerRegistration/
ENCLOSURE 1
Fort Jackson Contractor Vetting Policy
Sample Contractor Identification Data Elements for Spreadsheet
1. Contract Number
2. Contract Title
3. Contract Description
4. Contractor (company Name)
5. Period of Work – Start
6. Period of work – End
7. Prime or Subcontractor
8. Sub to Which Company
9. Name of Company Point of Contact
10. Company Phone Number w/ Area Code
11. Company Street address
12. City
13. State
14. ZIP
15. Company POC Email
16. Government ORG/Unit (Sponsor)
17. Contracting Officer Representative (COR) Name
18. COR Phone Number w/Area Code
19 COR Email
20. Administrating Contractor Office (ACA DOC of COE)
ENCLOSURE 2
Sample Letter Requesting Contractor Badge
Company Name
Company Address
Company Phone Number
Or can be printed on company letterhead.
REQUEST THROUGH (Address to the COR)
DATE
FOR Directorate of Emergency Services, Contract Vetting Office, Fort Jackson, South Carolina
SUBJECT: Request for Contractor Badge
Request contractor employee badges for the following personnel for access to Fort Jackson in support of ACA/DOC/COE contract number (enter the contract number), enter contract name), Fort Jackson, South Carolina. Start Date: mmddyy. End Date:
mmddyy.
Last Name First Name MI SSN
I hereby certify all social security numbers have been validated, and where appropriate, immigration information validated through the Immigration and Customs Enforcement Agency (ICE). The employees understand failure to have a DES standard contractor badge are grounds for removal from Fort Jackson, referral to the contracting officer, and possible issuance of a bar-letter prohibiting re-entry.
I certify none of the individuals listed above are employed by this company as a part of any prison or jail work release program or if they are, I am providing in a separate letter, attached hereto, the details concerning such individual’s participation in such program, including the nature of the crime or crimes for which the individual was convicted, the jurisdiction in which the conviction took place, the date of the conviction, the sentence imposed, the date the individual entered the work release program and the name of the correctional facility from which the individual was released to participate in the program. I understand the Government will make a separate determination on whether or not to issue a badge to such individuals.
SIGNATURE OF COMPANY REPRESENTATIVE
(Attachments must include the E-Verify and Enclosure 4 –NCIC Request)
ENCLOSURE 4
REQUEST FOR NCIC CHECK
FULL NAME:
AKA: ____________________________________________________________
DOB: ____________________________________________________________
DL # & STATE OF ISSUE:
SSN: ____________________________________________________________
REQUESTOR NAME & TITLE:
REQUESTOR ORGANIZATION & TEL# :
SIGNATURE OF REQUESTOR:
DATE OF REQUEST:
REASON FOR REQUEST:
ENCLOSURE 3
Sample Request for Replacement Contractor Badge Date
Company Name
Company Address
Company Phone Number
Or can be printed on company letterhead.
TO: Directorate of Emergency Services, Contractor Vetting Office, Fort Jackson, South Carolina
SUBJECT: Request for Replacement Contractor Badge
I, (Bob T. Builder SSN 000-00-000, attest my contractor Security Badge has been lost or destroyed and I am not in possession of the badge. I understand if the lost badge is recovered, I will immediately surrender it to (enter prime contractor name) who will return it to the DES Contractor Badge Office.
(SIGNATURE)
Bob T. Builder
Yes We Can Construction
(SIGNATURE)
Janet Jackhammer
Office Manager
Yes We Can Construction
ENCLOSURE
INA: Act 274A – Unlawful Employment of Aliens
Sec. 274A. [8 U.S.C. 1324a]
(a) Making Employment of Unauthorized Aliens Unlawful. -
(1) In general. -It is unlawful for a person or other entity-
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or
(B) (i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).
(2) Continuing employment. -It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
(3) Defense. -A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) Use of labor through contract.-For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).
(5) Use of state employment agency documentation.-For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.
(6) Treatment of documentation for certain employees. -
(A) In general. - For purposes of this section, if-
(i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and
(ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).
(B) Period. -The period described in this subparagraph is 3 years, or, if less, the period that the individual is authorized to be employed in the United States.
(C) Liability. -
(i) In general.-If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States.
(ii) Rebuttal of presumption. -The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States.
(iii) Exception. -Clause (i) shall not apply in any prosecution under subsection (f)(1).
(7) Application to Federal Government. _ For purposes of this section, the term "entity" includes an entity in any branch of the Federal Government.
(b) Employment Verification System. -The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
(1) Attestation after examination of documentation. -
(A) In general. -The person or entity must attest, under penalty of perjury and on a form designated or(A) In general.-The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining-
(i) a document described in subparagraph (B), or
(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
Such attestation may be manifested by either a hand-written or an electronic signature. 2a/ A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.
(B) Documents establishing both employment authorization and identity. -A document described in this subparagraph is an individual's-
(i) United States passport.
(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document-
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, (II) is evidence of authorization of employment in the United States, and
(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization. -A document described in this subparagraph is an individual's-
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or
(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual. -A document described in this subparagraph is an individual's-
(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E) 4/ Authority to prohibit use of certain documents - If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.
(2) Individual attestation of employment authorization.-The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
Such attestation may be manifested by either a hand-written or an electronic signature.
(3) Retention of verification form.-After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the
Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending-
(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
(B) in the case of the hiring of an individual-
(i) three years after the date of such hiring, or
(ii) one year after the date the individual's employment is terminated, whichever is later.
(4) Copying of documentation permitted. - Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
(5) Limitation on use of attestation form. -A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
(6) 5/ Good faith compliance. -
(A) In general. -Except as provided in subparagraphs (B) and (C), a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement.
(B) Exception if failure to correct after notice. - Subparagraph (A) shall not apply if-
(i) the Service (or another enforcement agency) has explained to the person or entity the basis for the failure,
(ii) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure, and
(iii) the person or entity has not corrected the failure voluntarily within such period.
(C) Exception for pattern or practice violators. - Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1) (A) or (a)(2).
(c) No Authorization of National Identification Cards. -Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
(d) Evaluation and Changes in Employment Verification System. -
(1) Presidential monitoring and improvements in system. -
(A) Monitoring. -The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection
(b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
(B) Improvements to establish secure system.-To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
(2) Restrictions on changes in system. -Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
(A) Reliable determination of identity. -The system must be capable of reliably determining whether-
(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
(ii) the employee or prospective employee is claiming the identity of another individual.
(B) Using of counterfeit-resistant documents. -If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
(C) Limited use of system. -Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.
(D) Privacy of information. -The system must protect the privacy and security of personal information and identifiers utilized in the system.
(E) Limited denial of verification. -A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
(F) Limited use for law enforcement purposes. -The system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code.
(G) Restriction on use of new documents.-If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person.
(3) Notice to congress before implementing changes. -
(A) In general. -The President may not implement any change under paragraph
(1) unless at least-
(i) 60 days,
(ii) one year, in the case of a major change described in subparagraph (D)(iii), or
(iii) two years, in the case of a major change…
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