Attachment A (Schedule of CLINS and Statement of Work).pdf

Attachment A - 70VT1520R00005

Schedule of CLINS and Statement of Work

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

Base Year

CLIN Labor Category Estimated Hours Hourly Rate Total 0001 Project Director - Consultant 22 0002 Medical Doctor 130 0002a Surge – Medical Doctor 80 0003 Nurse 200 0003a Surge - Nurse 80 0004 Other Direct Costs - Travel TBD N/A $5,000.00 NTE Total

Option Year One

1001 Project Director - Consultant 12 1002 Medical Doctor 60 1002a Surge – Medical Doctor 80 1003 Nurse 840 1003a Surge - Nurse 80 1004 Other Direct Costs - Travel TBD N/A $20,000.00 NTE

Option Year Two

2001 Project Director - Consultant 12 2002 Medical Doctor 60 2002a Surge – Medical Doctor 80 2003 Nurse 840 2003a Surge - Nurse 80 2004 Other Direct Costs - Travel TBD N/A $20,000.00 NTE

SECTION C

MEDICAL SUBJECT MATTER EXPERT SUPPORT SERVICES

FOR

U.S. DEPARTMENT OF HOMELAND SECURITY

OFFICE OF INSPECTOR GENERAL

OFFICE OF SPECIAL REVIEWS AND EVALUATIONS

STATEMENT OF WORK

1 BACKGROUND

The U.S. Department of Homeland Security (DHS), Office of Inspector General (OIG), Office of Special Reviews and Evaluations (SRE) is responsible for inspecting U.S. Immigration and Customs Enforcement (ICE) detention centers. Consistent with Congress’ direction, we make unannounced visits to approximately six detention facilities a year. Historically, DHS, OIG review of medical care during these inspections has been limited to detainee access to care. We are considering expanding our inspections to include an evaluation of the quality of healthcare provided to detainees at ICE facilities.

2 SCOPE

2.1 The scope of this work is to review the quality of medical care provided to ICE detainees held in detention centers. The Contactor (medical professional subject matter experts (SMEs) to include medical doctor and a physician assistant, registered nurse, or nurse practitioner) shall develop a protocol and/or methodology to evaluate detainee health care in detention facilities. The Contractor shall implement the protocol during inspections of detention facilities. The purpose of this contract is to obtain the selected subject matter experts who will primarily assist DHS, OIG in evaluating the quality of medical care provided to ICE detainees. The Contractor shall prepare detailed reports regarding their observations and findings, as well as provide recommendations based upon applicable medical or correctional standards.

2.2 In addition to performing inspections of detention facilities, the Contractor may also be asked (but not required) to provide assistance with other medical-related DHS, OIG activities, including, but not limited to a specific medical case review, research, analysis, and/or review of system-wide standards, policies, procedures, and training. Services include, but are not limited to, conducting reviews of the medical care provided in DHS facilities, providing training related to their areas of expertise, and other activities and projects related to medical concerns, as tasked by DHS, OIG, such as participating in work groups, developing or presenting briefings, and preparation of documents. In particular, the Contractor shall prepare detailed reports regarding their observations and findings, as well as provide recommendations based upon applicable medical or correctional standards.

3 REQUIREMENTS/TASKS

3.1 The Contractor shall work collaboratively with DHS, OIG to develop protocols and identify or develop appropriate data collection instruments for the inspections of detention facilities.

3.2 The Contractor shall travel with the DHS, OIG inspection teams to ICE detention facilities and evaluate the quality of medical care being provided at the facility, ensure that the applicable medical-related detention standards are being followed, and review specific medical complaints received by the DHS, OIG Hotline and medical grievances filed at each individual facility visited.

3.3 The Contractor shall review, evaluate, and report on medical issues and will document its findings and recommendations in well-written, comprehensive reports for each facility visited. The Contractor shall collaborate with DHS, OIG as necessary to make edits to the written reports in order to fulfill DHS, OIG’s needs, goals, and requirements.

3.4 Contractor shall provide DHS, OIG with guidance on various deficiencies related to medical care practices discovered during reviews or related to a broader DHS, OIG issue or area of work. The Contractor shall provide such guidance, whether planned or ad hoc, by telephone, email, formal report, or in person, as requested by DHS, OIG. The guidance shall include, but not be limited to, discussions and assessments of individual cases, findings from onsite reviews, discussion of policies and practices, and any other relevant information that may arise during the course of a review or other aspects of DHS, OIG’s oversight work.

NOTICE REGARDING APPEARANCE OF CONFLICT

The nature of the work under this contract includes circumstances where the Contractor shall review medical files and potentially investigate allegations and/or complaints pertaining to medical care issues within ICE. Contractors either currently providing work for ICE that is the same or similar in scope to the requirement under this contract, or who have provided medical or consultant services in an ICE adult detention facility in the three years prior to the start of this contract, are not eligible to perform services on this contract in order to prevent the existence or appearance of conflicting roles that might affect a contractor’s judgment.

The Contractor shall not employ any person under this contract who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the Contracting Officer and Contracting Officer’s Representative by telephone and in writing within 72 hours if a conflict of interest arises during the course of carrying out the duties of this contract.

3.5 QUALIFIED PERSONNEL

The Contractor shall provide qualified medical professionals to perform the requirements specified in this Statement of Work.

3.6 MINIMUM REQUIREMENTS FOR A MEDICAL DOCTOR CONSULTANT

3.6.1 The medical doctor shall maintain an active medical license in at least one state and be board certified in family medicine or internal medicine.

3.6.2 The medical doctor shall have at least 10 years of experience providing or evaluating provisions of medical care.

3.6.3 The medical doctor shall have experience investigating, auditing, or otherwise evaluating adherence to applicable standards related to health care programs and systems.

3.6.4 The medical doctor shall have experience objectively critiquing the treatment provided by other medical practitioners.

3.6.5 The medical doctor shall have experience serving as a subject matter expert providing advice, guidance, or testimony on the operation of medical care programs or systems.

3.6.6 The medical doctor shall have experience formulating recommendations or other steps to address issues, violations, or concerns identified as part of an investigation or other type of inquiry.

3.6.7 The medical doctor shall have experience producing written reports that evaluate applicable standards, systems, and actions in facilities of care. This will include analysis of and application of standards and policy.

3.6.8 The medical doctor shall demonstrate the ability to produce comprehensive reports that are well written, clear, and adequately supported, with citations to relevant resources.

3.6.9 The medical doctor shall demonstrate the ability to review large amounts of documentary evidence in short timeframes and provide oral briefings and written reports on tight deadlines.

3.6.10 The medical doctor shall be able to travel to various locations nationwide to perform onsite inspections for several consecutive days, and work efficiently and cooperatively under the direction of DHS, OIG personnel.

3.7 MINIMUM REQUIREMENTS FOR A PHYSICIAN ASSISTANT OR REGISTERED

NURSE OR NURSE PRACTICIONER CONSULTANT

3.7.1 The physician assistant or nurse shall be licensed and registered in the U.S.

3.7.2 The physician assistant or nurse shall have at least 5 years of experience providing or evaluating provisions of medical care.

3.7.3 The physician assistant or nurse shall have certifications or special training related to providing medical care in a correctional setting, such as Certified Correctional Health Professional.

3.7.4 The physician assistant or nurse shall have experience investigating, auditing, or otherwise evaluating facilities for adherence to applicable standards related to health care programs and systems.

3.7.5 The physician assistant or nurse shall have experience objectively critiquing the treatment provided by other medical practitioners.

3.7.6 The physician assistant or nurse shall have experience serving as a subject matter expert providing advice, guidance, or testimony on the operation of medical care programs or systems.

3.7.7 The physician assistant or nurse shall have experience formulating recommendations or other steps to address issues, violations, or concerns identified as part of an investigation or other type of inquiry.

3.7.8 The physician assistant or nurse shall have experience producing written reports that evaluate applicable standards, systems, and actions present in facilities of care. This shall include analysis of and application of standards and policy.

3.7.9 The physician assistant or nurse shall be able to travel to various locations nationwide to perform onsite inspections for several consecutive days, and work efficiently and cooperatively under the direction of DHS, OIG personnel.

3.8 ENHANCING FACTORS

3.8.1 The Contractor has at least 5 years of experience providing medical care in an adult detention setting.

3.8.2 The Contractor has experience managing a health care program in a detention or correctional setting.

3.8.3 The Contractor has demonstrated experience in a variety of types of detention or correctional settings.

3.8.4 The Contractor has certifications or special training related to providing medical care in a correctional setting, such as Certified Correctional Health Professional.

3.8.5 The Contractor will have knowledge and experience with the history, policies, and protocols of medical care in a detention setting and will be apprised of recent trends and developments in providing these services.

3.8.6 The medical doctor will have experience applying the American Correctional Association

(ACA) Standards, National Commission on Correctional Health Care (NCCHC) Standards, and other standards related to provision of correctional health services.

3.8.7 The Contractor has conducted and published research and analysis regarding system-wide issues related to medical health care in a detention setting.

3.8.8 The Contractor has evaluated compliance with the ICE National Detention Standards

(NDS), Performance Based National Detention Standards (PBNDS), or other related policies governing medical care in immigration detention.

3.8.9 The Contractor has reviewed and evaluated medical health services provided in an immigration detention facility.

3.8.10 The Contractor has multiple key personnel who meet the minimum requirements in the statement of work.

3.9 KEY PERSONNEL

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes will possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the Contracting Officer. The Medical Doctor Consultant is designated as Key for this requirement.

4 GENERAL REPORTING REQUIREMENTS

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS Microsoft Office applications.

4.1 PROGRESS REPORTS

The Contractor shall provide progress reports as needed to the Contracting Officer and COR via electronic mail. This report shall include a summary of all Contractor work performed, including an assessment of technical progress, written and analytical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous reporting period.

4.2 PROGRESS MEETINGS

The Contractor shall be available to meet with the COR or DHS, OIG POC upon request to present deliverables, discuss progress, exchange information and resolve emergent problems and issues. These meetings will take place at the Government’s facility or via telephone or email.

5 INTELLECTUAL PROPERTY

All reports generated, documentation produced and research conducted in the performance of this requirement will be the property of DHS, OIG.

6 PROTECTION OF INFORMATION

Contractor access to information protected under the Privacy Act is required under this contract.

Contractor access to unclassified Sensitive Security Information (SSI) and Law Enforcement Sensitive information may be required under this contract. This documentation will be provided to the Contractor in person, by mail, or by email. Contractor employees will safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

The Contractor will be required to submit a signed Non-Disclosure Agreement hereby incorporated as “Non-Disclosure Agreement.”

7 GOVERNMENT FURNISHED EQUIPMENT, INFORMATION, AND

INFORMATION SYSTEMS

All work performed will be on Government Furnished Equipment (GFE). The Contractor will be furnished with SSI for review and analysis. This documentation will be provided to the contractor in person, by mail courier, or by email. The Contractor shall safeguard this information against unauthorized disclosure or dissemination.

SECTION D

PACKAGING AND MARKING

1.0 MARKING AND DELIVERY

The Contracting Officer’s Representative (COR) must approve the method in which report deliverables are to be submitted and marked for delivery. Deliverable submissions may be required in electronic or hard copy versions.

2.0 BRANDING

The Contractor shall comply with the requirements of any DHS Branding and Marking policies. As a matter of law, Federal criminal statutes prohibit unauthorized use of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements. The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in any way an endorsement of a product, company, or technology.

Requests to use the DHS Seal must be submitted using the DHS Official Seal Usage Approval form, DHS Form No. 0030-01. A copy of this form may be requested from the Contracting Officer. The comments section should be used to describe why use of the seal is being requested, and how it will be used.

SECTION E

INSPECTION AND ACCEPTANCE

1.0 DELIVERABLE STANDARDS AND QUALITY

The COR, or other persons designated by the COR and approved by the Contracting Officer, will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with contract requirements. The Contractor shall ensure the accuracy and completeness of all deliverables. The DHS, OIG will consider errors, misleading statements, incomplete, irrelevant information, or repetition as deficiencies and the Contractor shall make corrections at no additional cost.

2.1 GOVERNMENT INSPECTION / ACCEPTANCE

The COR will review deliverables prior to acceptance and provide the contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

The COR will have 10 business days to review deliverables and make comments. The Contractor shall have 10 business days to make corrections and redeliver.

SECTION F

DELIVERIES AND PERFORMANCE

1 PERIOD OF PERFORMANCE

The period of performance for work performed under this contract consists of one twelve-month base, and two twelve month option periods.

2 PLACE OF PERFORMANCE

The place of performance for work performed under this contract will be at the contractor’s site, contractor’s remote location, or ICE detention facility chosen by DHS, OIG.

3 TRAVEL

Contractor travel shall be required to support this requirement. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulation (FTR). The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

Local travel will not be paid. Local travel as defined for this contract as travel within a 50-mile radius of the primary work site, which will be the contractor’s site or the contractor’s remove location.

4 GOVERNMENT FACILITIES / GOVERNMENT FURNISHED EQUIPMENT

(GFE) / GOVERNMENT FURNISHED INFORMATION (GFI)

The Government will provide Contractor personnel access to ICE detention facilities.

All work performed will be on Government Furnished Equipment (GFE). The Government will provide Contractor personnel with the following GFE: computers/laptops, DHS PIV cards, and iPhones. The Contractor shall sign property receipts for all equipment provided and ensure that asset management records properly reflect the possession. The Contractor shall ensure that all GFE is reasonably protected from loss, theft, or unauthorized use.

DHS, OIG will provide Contractor personnel access to DHS, OIG information systems and equipment, including electronic mail, and use of network printers and scanners if DHS, OIG provides Contractor with workspace at a DHS, OIG office. The Contractor shall comply with all applicable laws and policies on use of DHS information systems, laptops, and mobile devices.

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract. All GFI provided to the Contractor shall be considered Sensitive but Unclassified (SBU) and shall be protected consistent with applicable laws and DHS file://hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc#GFP file://hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc#GFP policies. All information created by the Contractor shall become property of DHS, OIG.

The Government facilities, equipment, information, and supplies issued to the Contractor shall be used exclusively for the purpose of this contract. The Contractor will be responsible for returning all GFE in good working condition, subject to normal wear and tear.

5 CONTRACTOR FURNISHED PROPERTY

The Contractor will be responsible for performing written work at a Contractor site or remote location and providing all supplies, materials, equipment, and services necessary to fulfill the requirements of this task order, except for the Government Furnished Resources specified in paragraph 4 above.

6 DELIVERABLES AND DELIVERY SCHEDULE

The Contractor will provide the DHS, OIG an opportunity to review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws and directives. Written documents prepared by the Contractor will be concise and clearly written.

Final documentation deliverables will be provided using Microsoft Office applications. Daily, weekly and interim information deliverables and working-copy products may be provided by email or other means, as arranged with the COR.

The government will have ten (10) business days to accept or reject contract deliverables. If a deliverable is rejected and returned to the Contractor for revision, the Contractor will provide the corrected deliverable within five (5) business days of notification of the request for revision.

All deliverables will be submitted to the COR and assigned DHS, OIG POC identified in this contract.

Deliverables

The Contractor shall provide the deliverables identified in the table below in electronic format.

Electronic copies will be delivered via email attachment or other media by mutual agreement of the parties. All electronic deliverables will be prepared using Microsoft applications in formats selected by the Contractor. All deliverables will be delivered via email to the COR, the Assigned DHS, OIG POC and to the Contracting Officer, as indicated below. The Contractor’s deliverables will not contain any identifiable corporate markings.

ITEM DELIVERABLE / EVENT DUE BY

1 Post Award Meeting 5 business days of date of award.

2 Progress Reports 3 business days following request.

ITEM DELIVERABLE / EVENT DUE BY

3 Development of Protocol 30 business days following Post Award Meeting

4 Draft Facility Review Reports

Within 15 business days of completion of site visit:

Contractor shall submit a draft to COR and assigned DHS, OIG POC for review. The Contractor and DHS, OIG will discuss the draft report to ensure its accuracy.

DHS, OIG will furnish comments and edits to the Contractor. The Contractor shall be responsible for making changes to the draft. The COR must be copied on all assignment correspondence.

5 Oral Briefings and Ad Hoc Reports or Project-related work

Due date to be determined by COR and/or assigned DHS, OIG POC and Contractor.

6 Edits to Reports and Documents 5 business days after receipt of DHS, OIG comments.

SECTION G

CONTRACT ADMINISTRATION DATA

1 POST-AWARD CONFERENCE

The Contractor will attend a Post Award Conference with the CO and COR no later than 5 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss contracting objectives of the contract. The Post Award Conference will be held at the DHS, OIG’s facility in Washington, DC or by conference call.

The specifics of the meeting will be provided upon contract award.

2 KICK-OFF MEETING

The Contractor will attend a Kick-Off meeting with the COR and members of the Program Office no later than 5 business days after the date of award. The purpose of the Kick-Off meeting, which will be chaired by the COR, is to discuss the technical objectives of this contract.

The Kick-Off meeting will be held at the DHS, OIG’s facility in Washington, DC or by conference call. The specifics of the meeting will be provided upon contract award.

3 CONTRACTING OFFICER’S AUTHORITY

A warranted Contracting Officer is the only person authorized to issue modifications to the task order. If the Contractor makes any task order changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the task order to cover any increases in charges that may result.

The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the proposed task order in accordance with its terms and conditions.

The Contracting Officer will authorize revisions of the terms and conditions of this contract in writing.

3.1 CONTRACT ADMINISTRATION

This contract will be administered by:

Contracting Officer:

Sheri Brooks Office of Management, Acquisitions Division DHS, Office of Inspector General 245 Murray Lane, SW Mailstop 0305 Washington, DC 20528-0305

(202) 604-1084 Sheri.brooks@oig.dhs.gov

4.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate a Representative (COR) to assist in monitoring the work under this task order. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms or conditions. The Contractor shall not perform any work that results in a change in the scope, price, terms or conditions of this contract without written approval from the CO. The Contractor will receive a copy of the COR Appointment Letter outlining the roles and responsibilities of the COR.

The COR for this contract is:

TBD

Office of Special Reviews and Evaluations DHS, Office of Inspector General 245 Murray Lane, SW Mailstop 0305 Washington, DC 20528-0305

5.0 INVOICE AND PAYMENT PROVISIONS

Invoices shall be prepared in accordance with FAR Clauses 52.232-25 Prompt Payment and 52.212-4 Contract Terms and Conditions---Commercial Items Alt I.

Payment will be based on receipt of a proper invoice and satisfactory contract performance.

5.1 Submission of Invoices and Designated Billing Office

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers by the U.S. Treasury's Bureau of the Fiscal Service (BFS). IPP allows Federal agencies and their suppliers to exchange electronic purchase orders (POs), blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers, including services and support.

a) Definitions. As used in this clause-(1)"Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), mailto:Sheri.brooks@oig.dhs.gov

"Payment documentation and process" and the applicable Payment clause included in this contract.

b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using IPP. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

c) The Contractor may submit payment requests using other than IPP only when the

Contracting Officer authorizes alternate procedures in writing

d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

5.2 Payment and Invoice Questions

For payment and invoice questions concerning use of IPP, contact BFS’ Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

All billing issues shall be handled and resolved between the Contractor and DHS, OIG. The Contractor shall direct all questions concerning invoices to the COR. The CO will resolve all unresolved disputes.

5.3 Required Invoice Information

In order to be considered a "proper invoice," the following information must be included:

1) Name and address of the contractor.

2) Invoice date and invoice number. The contractor should date invoices as close as possible to the date of the mailing or transmission.

3) Description of services and dates upon which services were rendered/timeframe covered by the invoice.

4) DHS/OIG Contract Title and number.

5) DHS/OIG Contracting Officer's name.

6) DHS/OIG COR's name.

7) Total charges/amounts for the billing period.

8) Itemization of costs to include:

or

i. Labor Category Title;

ii. Number of hours worked for each Labor Category billed;

iii. Associated Labor Rate for each Labor Category billed;

iv. Identification of Other Direct Costs, including travel, with supporting documentation;

mailto:AccountsPayable@fiscal.treasury.gov

v. Total reimbursement requested for that specific invoice;

vi. Cumulative Total of reimbursements to date;

vii. Total amount of funding remaining on the contract.

9) Itemization Labor charges are to be substantiated by individual daily job time cards or a record of time worked showing personnel used, hours worked, and amounts charged. Other Direct Costs are to be substantiated by individual receipts. Both types of documentation shall be retained by the contractor and made available for the Government's inspection on an "as-required" basis.

10) Name and address of contractor official to whom questions regarding payment should be referred.

11) Taxpayer Identification Number (TIN)

12) The contractor shall certify that the hours worked and individuals being charged to the Government are correct, and that the dollar amounts invoiced were incurred for the work billed.

5.4 Monthly Invoices

Invoices shall be submitted on a monthly basis. Each individual's labor and travel costs shall be identified per billing

5.5 Supporting Documentation

At the COR's request, supporting documentation, such as time sheets, must be available for review.

5.6 Payment of Invoices

The COR reviews and approves all invoices. Invoices without proper support or with errors will be returned to the Contractor and will not be paid until corrections are made. The Contractor must have a review process in place that ensures accurate and supported invoices.

If services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor will not be paid, or will be paid an amount negotiated by the CO.

6.0 Requirements for Travel Costs

6.1 Travel Costs

The Contractor will be reimbursed for travel and per diem expenses as specifically authorized in the task order and within not to exceed amounts identified for the term of the Contract. No indirect costs, profit or fee will be paid on travel.

The Contractor shall make every effort to obtain travel in a manner that would be consistent with that of a Federal Employee adhering to the FTR with specific reference to the most economical travel (e.g. use of coach air versus first class accommodations, etc.). To the extent possible, the Contractor shall request the Government Rate for hotel expenses when making travel arrangements; however, at no time is the Contractor authorized to represent him/herself as a Federal Government employee. The Contractor may represent him/herself as a Contractor for the Federal Government when making such requests for the Government Rate for hotel rooms and/or airline fares and similar expenses.

Local travel will not be paid. Local travel as defined for this contract is travel within a 50-mile radius of the primary work site, which will be 395 E Street SW, Washington, DC and any of the Contractor’s sites located outside of the Washington metro area.

6.2 Separate Invoices for Travel Costs

Travel costs shall be invoiced monthly and separately from the summary invoice for services.

The Contractor shall submit invoices for travel expenses using the format of the Federal Travel Voucher, Optional Form 1012 and in accordance with the FTR and FAR 31.205-46 Travel Costs.

If multiple travel vouchers are submitted for reimbursement at one time, the Contractor shall appropriately summarize the individual vouchers with a summary chart listing the principal categories from the Federal Travel Voucher across the top of the summary chart and the costs for each individual traveler in a column down the side.

6.3 Reimbursement of Travel Costs

The Government will reimburse actual travel expenses incurred. All travel expenses shall be approved in writing by the COR prior to expenditure. A receipt shall be required for all lodging and transportation costs and any expenditure of $75.00 or more. Documentation shall be provided to justify any expenditures above the per diem rates.

While the Contractor's expenses for hotel and airfare will not be restricted to amounts allowed for Government employees traveling to similar destinations, the Government does reserve the right to deny extravagant expenses. Therefore, the Contractor should contact the COR prior to incurring any unusual travel expenses.

The CO will notify the Contractor of amounts disapproved for travel vouchers, if any, at the time the travel voucher is reviewed for payment by the COR.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

1.0 IMPLEMENTATION OF EXECUTIVE ORDER 13224 ON TERRORIST

FINANCING

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with these Executive Orders and laws.

2.0 DISCLOSURE OF INFORMATION

Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. However, marking of items will not necessarily preclude disclosure. All FOIA requests for procurement material will be handled according to agency procedures at 6 C.F.R. Part 5, Subpart B.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641, Public Money, Property or Records. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, “shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000 he shall be fined under this title or imprisoned not more than one year, or both.”

3.0 SECURITY PROTECTIONS AND DISCLOSURE OF SENSITIVE BUT

UNCLASSIFIED INFORMATION

Work under this contract may involve access to sensitive but unclassified (SBU) information.

Therefore, the Contractor shall not disclose, orally or in writing, any SBU to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to SBU, the contractor shall ensure that these persons receive training concerning the protection and disclosure of SBU both during and after contract performance.

SBU is any information or proprietary data which if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs, or the privacy to which individuals are entitled under 5 U.S.C.552a (The Privacy Act), but that has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Contractor employees assigned to this contract must undergo an appropriate fitness screening determination. The minimum investigative standard for contractor employees assigned to this contract will be a Minimum Background Investigation (MBI)/Tier 2. If contractors assigned to this contract do not have the requisite investigation, conducted by or for another Federal Agency then a new appropriate investigation will be initiated. Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons to determine fitness. Completed forms shall be submitted as directed by the OIG/ Security Management Division. Upon the DHS, OIG Facilities and Security Services Division’s request, the contractor's employees shall be fingerprinted, or subject to other investigations as required.

Contractors may not commence work prior to notification of a favorable decision for entrance on duty (EOD). The EOD determination does not substitute for the required background investigation and it does not represent a final fitness determination.

Each employee of the Contractor assigned to performing on this contract shall be a citizen of the United States of America.

4.0 NON-PERSONAL SERVICES

The services required under the contract constitute professional support services, which are essential to the mission but not otherwise available. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances will the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It will be the responsibility of the Contractor to manage their employees and to guard against any actions that have the nature of personal services, or give the perception of providing personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it will be the Contractor’s further responsibility to notify the Contracting Officer immediately.

These services will not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

5.0. EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities will comply with all Government escort rules and requirements. All Contractor employees will identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages) and display the Government-issued badge in plain view above the waist at all times.

6.0 EMPLOYEE CONDUCT

Contractor employees will 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 uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor will ensure Contractor employees present a professional appearance at all times and that their conduct will not reflect discredit on the United States or the DHS. The Contractor’s Project Director will ensure Contractor employees understand and abide by DHS established rules, regulations, and policies concerning safety and security.

7.0 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the task order.

The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

SECTION I

CLAUSES

1.0 FAR AND DHS CLAUSES INCORPORATED BY REFERENCE

FAR 52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acquisition.gov/comp/far/index.html or for DHS specific clauses at http://farsite.hill.af.mil/VFHSAR1.htm

FAR Clauses/Provisions Clause Title Date 52.202-1 Definitions Nov 2013 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-16 Preventing Personal Conflicts of Interest Dec 2011 52.203-17 Contractor Employee Whistleblower Rights and

Requirements To Inform Employees of Whistleblower Rights

Apr 2014

52.203-18 Prohibitions on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-7 System for Award Management Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Nov 2015

52.212-1 Instructions to Offerors-Commercial Items Mar 2020 52.212-3 Offeror Representations and Certifications-

Commercial Items Mar 2020

52.212-4 Contract Terms and Conditions-Commercial Items

Oct 2018

52.216-31 Time-and-Material/Labor-Hour Proposal Requirement – Commercial Item Acquisition

Feb 2007

52.224-2 Privacy Act Apr 1984 52.232-1 Payments Apr 1984 52.232-7 Payments under Time-and-Materials and Labor-

Hour Contracts Aug 2012

52.233-1 Disputes May 2014 http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil/VFHSAR1.htm

52.243-3 Changes-Time-and-Materials or Labor-Hours Sept 2000 52.246-6 Inspection – Time-and-Materials and Labor-Hours May 2001

Additional DHS Clauses / Provisions Clause Title Date 3052.205-70 Advertising, Publicizing Awards and Releases Sept 2012 3052.242-71 Dissemination of Contract Information Dec 2003 3052.242-72 Contracting Officer’s Technical Representative Dec 2003

2.1 FAR AND DHS CLAUSES INCORPORATED IN FULL-TEXT

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

https://acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

X (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

(i) Alternate I (Mar 2020).

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15

U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

https://acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8…