Attachment_A_Draft_CSO_SOW_for_RFI.pdf

DJMS-13-R-

PART I – SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

COURT SECURITY OFFICER SERVICES

2nd Judicial Circuit 9th Judicial Circuit 10th Judicial Circuit

SOLICITATION DJMS-13-R-

TABLE OF CONTENTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 SCOPE OF WORK

C.3 CONTRACTOR PERSONNEL

C.4 QUALIFICATIONS

C.5 CONTRACTORS VETTING REQUIREMENTS

C.6 APPLICATION PACKAGE REQUIREMENTS

C.7 TURNOVER

C.8 GOVERNMENT’S BACKGROUND INVESTIGATION PROCEDURES

C.9 PHYSICAL AND MEDICAL STANDARDS

C.10 PROVISIONS REGARDING CSOs CALLED TO ACTIVE MILITARY DUTY

C.11 AUTHORIZATION TO PERFORM

C.12 WEAPONS QUALIFICATIONS

C.13 TRAINING

C.14 COMPLIANCE WITH CSO PERFORMANCE STANDARDS

C.15 AUTHORITY

C.16 POSITION AND STAFFING POST REQUIREMENTS

C.17 ALTERNATE LOCATIONS, SPECIAL SECURITY, AND TEMPORARY POST

ASSIGNMENTS

C.18 APPEARANCE AND UNIFORM STANDARDS

C.19 GOVERNMENT FURNISHED PROPERTY

C.20 CONTRACTOR’S PERSONNEL IDENTIFICATION CARDS

C.21 UNFORESEEN GOVERNMENT CLOSURES

C.22 EMERGENCIES

C.23 OVERTIME AND HOLIDAY PERFORMANCE

C.24 REPORTS

C.25 QUALITY ASSURANCE

C.26 TRANSITION PERIOD

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

COURT SECURITY OFFICERS PROGRAM (CO)

C.1 BACKGROUND

Court Security Officer Program is managed by the Office of Judicial Security within the United States Marshals Service and is assigned to the Office of Court Security. The Office of Court Security (OCS) is responsible for managing and developing an effective nationwide physical security program for federal judiciary court facilities. OCS oversees security services performed by more than 5,000 contract Court Security Officers (CSO) filling over 4,200 authorized full-time and shared positions within all United States judicial circuits and districts. CSOs safeguard 445 court facilities throughout the nation (data as of August 2011). The Office of Court Security is comprised of five branches: Applications and Qualifications Branch, Operations Support Branch, Training and Compliance Branch, Management Support Branch, and Judicial Security Inspector (JSI) Coordination Branch. Each branch performs an integral part of the program’s operations, ensuring that individuals performing as CSO are suitable and fit to protect the nation’s courts.

One of the major responsibilities of the United States Marshals Service (USMS) is to ensure the safety of all federal courts and court employees against unauthorized, illegal, and potentially life-threatening activities. For more than two decades, the USMS has sought the services of the private sector to provide highly qualified and skilled individuals to assist in this effort. These individuals are traditionally known as Court Security Officers (CSOs), and their duties are classified as court security services. It is the express intention of the USMS to maintain consistency in CSO duties in order to provide the maximum amount of security possible. All CSOs are required to perform in accordance with a detailed and descriptive statement of work (SOW). CSOs and CSO applicants must meet certain qualification requirements and undergo individual background investigations. The Contractor provides all necessary personnel, management, supervision, administrative support, supplies and clothing not provided by the Government, to perform CSO duties providing: entrance control; roving patrol, stationary post assignments; escort duties; securing courtrooms; law and order; preserve order; and, enforce federal law while performing their duties. Administratively, the Contractor is required to prepare and maintain a variety of reports; manage Government provided equipment; test security equipment; provide training and weapons qualifications; assure each CSO applicant meets and maintains all suitability requirements of the contract to include, but not limited to, performance standards, medical standards, training, and weapon’s requirements.

Individuals hired to perform as a result of an Interagency Acquisition Agreement (IAA) are generally designated as Special Security Officers (SSOs). Agencies authorized to acquire services under such agreement are listed in Attachment 5(A) under Section J.

The orders placed under an IAA agreement shall comply with the terms of the IAA agreement. The services ordered under an IAA shall be furnished in full compliance with the terms and conditions of this statement of work.

C.2 SCOPE OF WORK

The Contractor shall provide all necessary personnel, management, supervision, administrative support, office facilities, transportation, materials, supplies, office equipment, and clothing not provided by the Government (See Section C-19, Government Furnished Property), to perform court security services for the USMS. During the term of this contract, including any extensions, the security coverage required may change (increase or decrease) as deemed necessary by the Government.

C.3 CONTRACTOR PERSONNEL

C.3.1 Court Security Officers (CSOs):

The Contractor shall ensure that CSO applicants and CSOs working under this contract be in good physical condition and able to stand for long periods of time, and cannot have any physical disabilities that would prevent completing job duties. The CSO shall carry a fully loaded weapon in accordance with the Statement of Work. When performing in an official capacity, a CSO may detain an individual until relief is provided by a USMS official or a law enforcement officer. In the event of an emergency, the Government (USMS) reserves the right to direct the activities of all the CSOs.

C.3.1.1 The Contractor shall provide qualified CSOs at each District facility designated by the Government. The Contracting Officer (CO) shall appoint a Contracting Officer’s Representative (COR) in each District The COR will provide the Contractor with post orders for each post assignment. In the event of an emergency, the Government may require the Contractor to cover posts and perform duties outside of the court facility. The Contractor shall also ensure that all duties required of the CSO shall be performed within the scope of this contract.

C.3.1.1.1 At a minimum, CSOs shall be required to perform the following:

Entrance Control - The CSO shall enforce the District’s entry and identification system.

This includes operating security screening equipment for prohibited items, e.g., cameras, cell phones, weapons, and explosives. CSOs shall ensure all carriage items are properly screened to include handbags, backpacks, briefcases, computers, baby carriages, strollers, wheelchairs, and all other packages entering the building. Detected prohibited items shall be immediately brought to the visitor’s attention, and are to be confiscated (illegal weapons) or given back to the individual for removal from the premises before entry is allowed. Depending on the local governing rules of the facility, the visitor may be permitted to store non-dangerous items on site and will be directed to the assigned designated area (only if that is the current practice for that facility) and retrieved by the visitor upon their departure. Any weapons, explosives or other such prohibited items confiscated during the screening process shall be documented on a CSO Form 003, Court Facility Incident Report, (See Section J3(B), List of Attachments) by the CSO and turned over to the COR, within 24 hours or as soon as possible, after the incident occurred. The documentation shall provide a thorough account of the confiscation.

Equipment - Use of equipment such as walk-through (WTMD) and hand-held metal detectors (HHMD), x-ray machines, closed-circuit television (CCTV) monitoring equipment, explosive trace detectors (ETD), and other equipment, is mandatory under this contract and is subject to Government change at any time. The Contractor shall ensure all screening equipment is set to the required USMS Standard Settings. Failure to ensure screening equipment is set to USMS standards shall be considered a performance issue. The Government may change the USMS Standard Setting at its discretion, and the Government shall not be charged for any setting changes. All setting changes shall occur within 5 working days of notification.

Test and Report Emergency Equipment – The Contractor shall ensure that the condition, and the status of all duress alarms, control panels, and battery-operated emergency lighting, as required by this contract is tested on a monthly basis. The Contractor shall detail these tests and submit the Emergency Systems Report to the COR no later than the 10th day following the end of the month.

Roving Patrol - The CSO shall patrol court facilities and grounds of the facility in accordance with applicable post orders.

Stationary Post Assignments - The CSO shall man USMS authorized stationary posts.

Assignments include, but are not limited to monitoring closed circuit television, duress alarm systems and other security equipment, courtrooms, judge chambers, and jury rooms. However, CSOs shall not monitor cellblocks or handle and escort prisoners.

Escort Duties - For official purposes and when deemed necessary and approved by the COR, the CSO shall provide armed escort services for judges, court personnel, jurors, and other designated individuals. Generally, this may include escorting an individual(s) to a garage or parking area, from one room to another, one floor to another, or from one facility to another facility. Escort services for the purpose of movement and protection of evidence, prisoners or money is strictly prohibited. Escort duties off-site are prohibited unless it is an official court hearing with public screening in a secure facility.

Garage Parking and Pedestrian Control - Where applicable, the CSO shall direct traffic, control lights on court facility properties, and monitor vehicles and pedestrians as described in the post orders.

Courtroom Performance Requirements - The U.S. Marshal of each respective District shall classify the proceedings and determine when or if CSOs shall be utilized. CSOs may occasionally be assigned to provide courtroom security during hearings. This assignment would be to provide crowd control and to maintain the integrity of the judicial process. Additionally, the CSO shall ensure that all closed courtrooms are secure; inspect courtrooms prior to proceedings; test security devices and report the findings to the COR;

and perform other duties concerning security of the court area.

Preserve Order - The CSO shall provide security presence in the courtroom; enforce federal law and judicial orders within the courtroom; enforce local court rules regarding prohibited items and provide protection to court proceedings as circumstances dictate.

Telephone Usage - The CSO shall utilize Government furnished telephones located at an official post only for the purposes of conducting the services required under this contract.

Lost and Found - The CSO shall turn over any articles found in a court facility or designated facility to the COR and complete a CSO Form 003, Court Facility Incident Report, within 24 hours after the incident occurs.

Reports and Records - The CSO shall prepare daily reports and records regarding contract performance issues, such as labor hours worked (both regular and overtime hours), accidents, fire, bomb threats, unusual incidents or unlawful acts that occurred within the court facility area. All reports and records prepared under this contract are law enforcement sensitive in nature and considered Government property. The Contractor shall ensure that all reports are prepared in a complete and accurate manner and submit them to the COR in accordance with the requirements stipulated in Section F, Deliverables or Performance of this contract.

C.3.2 Lead Court Security Officers (LCSO)

C.3.2.1 Lead Court Security Officer(s) (LCSOs) serves as a lead officer for an assigned shift and performing general administrative. This position can be distinguished from those of the District Supervisor (DS), as the DS is a first-line supervisor for both LCSOs and CSOs. LCSOs do not directly supervise other full time employees, but serve as lead workers with additional administrative tasks. The LCSO coordinates with the DS on non-routine assignments and seeks direction from the DS when necessary to ensure the correct procedures are followed.

C.3.2.2 The LCSO shall coordinate daily activities at their respective facility in accordance with all contract requirements and directly with the COR to include but not be limited to:

Act as liaison between the COR and DS and/or the Contract Manager (CM) when the DS is not available;

Assure all posts are covered as scheduled or as directed by the Government and assure that all CSOs are in proper uniform;

Provide daily oversight of post requirements;

Determine any changes that may be required in the District’s daily routine;

Report Performance Service Violations (PSVs);

Collect, compile, report time and attendance, and other personnel documents to the DS;

and, Keep the COR informed about post coverage, potential problems, and the actions that shall be taken to correct the problem(s).

C.3.2.3 The Contractor shall provide a LCSO at each court facility stated in Section B of this contract. For facilities designated to operate on a “24-hour” basis, the Contractor shall provide at least three (3) LCSOs, one per shift.

C.3.2.4 The LCSO is also required to function simultaneously as a full-time working CSO.

When a LCSO is absent, the Contractor shall designate an individual to act as and assume the responsibilities of the LCSO. The acting LCSO shall be reimbursed in accordance with the LCSO rate during the time period they were acting and when the LCSO is still not billing their LCSO rate, i.e., when the LCSO is on vacation or medical leave. Double billing is prohibited.

C. 3.3 Lead Special Security Officers and Special Security Officers:

When authorized by the Chief, Office of Court Security, the Contractor shall provide qualified Lead Special Security Officers (LSSO) and Special Security Officers (SSO) to perform the services required by this contract. These positions generally serve the security needs of special operations of the U.S. Marshals Service and other Federal agencies. Their titles are synonymous with LCSO and CSO. All contract requirements (except as noted), contract rates, and the benefits established for the LCSO and CSO positions apply to the LSSO and SSO, respectively.

In addition, contract oversight of LSSO and SSO positions shall lie with the respective Federal agency paying for those services.

C.3.4 District Supervisor (DS):

Managing the requirements of this contract is considered a critical function. For supervisory purposes, the Contractor shall provide a DS as specified in the Order Clause of the contract for each District listed in Section J – Attachment 1 (C) of this contract. The DS shall oversee and manage the security operations performed by CSOs/LCSOs, to include as a minimum:

The DS shall serve as the primary point of contact for the Government to discuss technical and security related requirements through regular site visits to primary and sub-offices. The Contractor shall provide adequate DS site visits necessary to successfully manage contract requirements.

The DS shall have the ability and authority to make decisions on behalf of the company, particularly on personnel related issues.

The DS shall have the authority to supervise all CSOs and LCSOs working under this contract.

The DS shall be available to the Government on a 24-hour basis, to ensure Contractor response in the event of an emergency or other exigent circumstance.

The DS shall maintain daily contact with the COR to ensure adherence to the needs of the client/contract, with regards to manpower and hour usage.

The DS shall receive and execute daily technical direction from the COR.

The DS shall maintain and monitor all post performance required by this contract and correct any and all issues or problems brought to his/her attention.

The DS shall keep the COR informed about post coverage, potential problems, and the actions taken to correct any and all issues or problem(s) brought to his/her attention.

The DS shall act on and report all Performance Service Violations (PSVs) without hesitation or unnecessary delay;

The DS shall assure all Government-issued equipment and property is tracked and accounted for, and otherwise safeguarded until the time it is returned to the Government, in accordance with an approved property controlled system.

The DS shall have the ability to carry out all administrative tasks efficiently, e.g., timely, complete, and correct (without reliance and further assistance of the CSOs).

The DS personnel are prohibited from performing duties as that of a CSO or LCSO and shall not be subject to the uniform, medical or physical requirements stated in this contract.

C.3.5 Contract Manager (CM)

Managing the requirements of this contract is considered a critical function. For that reason, the Contractor shall provide and solely dedicate a highly skilled and experienced CM for each Circuit specified under this contract. The CM shall oversee and manage the security operations performed by the CSOs/LCSOs/DS, to include as a minimum:

The CM shall have the ability and authority to make decisions on behalf of the company, particularly on personnel related issues.

The CM shall have authority to supervise all individuals working under this contract.

The CM shall be available to the Government on a 24-hour basis, to ensure Contractor response in the event of an emergency or other exigent circumstance.

The CM shall have the ability to carry out all administrative functions efficiently, effectively and in a timely fashion without the use of CSOs.

The CM shall ensure all Contractor employees perform all duties and requirements of the contract.

The CM shall serve as the primary point of contact for the Government to discuss contract-related and invoicing requirements.

C.3.5.2 CM is not required to meet the CSO medical standards, weapons qualifications, and uniform requirements stated in the contract.

C.4 CSO QUALIFICATIONS

The Contractor shall demonstrate a multi-faceted selection process that filters potential applicants. At a minimum, the process shall be detailed in a written Standard Operating Procedure that describes methods used to verify all minimum qualifications. The procedure must demonstrate how the Contractor intends to provide comprehensive oversight and quality control throughout recruiting, vetting, and selecting of qualified applicants from a pool of candidates.

C.4.1 CSO/LCSO Qualification Standards. The Contractor shall provide security personnel who meet the following minimum qualifications. In addition, each applicant must undergo and pass suitability and background investigation requirements as determined by the USMS. Each candidate shall:

Be a citizen of the United States of America.

Be at least 21 years of age. While there is no maximum age limit for CSO positions, all applicants shall be able to withstand the physical demands of the job and be capable of responding to emergency situations.

Be a high school graduate or have a General Educational Development (GED), or equivalency.

Be able to read, write, and speak the English language fluently. Possess a valid state driver’s license.

Ensure each individual designated to perform as a CSO has successfully completed or graduated from a certified Federal, state, county, local or military law enforcement training academy or program that provided instruction on the use of police powers in an armed capacity while dealing with the public. The certificate shall be recognized by Federal, state, county, local or military authorities, and provide evidence that an individual is eligible for employment as a law enforcement officer. In cases where a CSO applicant did not receive a certificate, the Contractor shall provide a signed statement from a supervisory official of the department or agency indicating that an applicant was employed as a law enforcement officer and that no certificate or diploma was issued. The statement shall include all dates of employment the individual served in a law enforcement capacity. The Contractor shall also include a copy of the signed statement with the CSO application.

Have at least three (3) calendar years of verifiable experience as a certified law enforcement officer or its military equivalency. Military equivalency can be verified through the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty. The experience will have included general arrest authority (this experience does not have to be consecutive). All three (3) years shall have occurred within the last seven

(7) years. (Note: this requirement is not applicable to CSOs currently serving in the capacity of a CSO for the USMS or under the preceding USMS contract, and may be waived in very remote geographic locations following a case-by-case review by the office of Court Security.) This requirement is waived for separated or returning CSOs provided they have served under this or a prior CSO contract within the previous three (3) years.

General arrest authority is defined as the authority conveyed upon a person to make felony arrests of persons not under a custodial arrangement (prisoner, probation or parole violator) throughout a valid jurisdiction. The state or federal codes specific to the person’s qualifying experience shall be used to determine the CSO applicant’s arrest authority. The Contractor shall verify the CSO applicant’s arrest authority prior to submitting the application for approval

Be free from conviction of any felony.

Be free from conviction of any misdemeanor crime of domestic violence in accordance with Title 18, Section 922(g)(9) of the United States Code. The term “convicted” is generally defined in the statute as excluding any person whose conviction has been expunged, set aside, or pardoned.

C.4.2 DS and CM QUALIFICATION STANDARDS

C.4.2.1 The DS shall meet or exceed the following minimum requirements:

Be citizen of the United States of America;

Fluently read, speak, comprehend, and compose coherent written reports in English.

Possess three years law enforcement experience and have five (5) years of supervisory and/or management experience with projects similar in size and scope to this contract;

Pass the background investigation mandated for CSO applicants (See Section C.8 Government’s Background Investigation Procedures).

C.4.2.2 The CM shall meet or exceed the following minimum requirements:

Be citizen of the United States of America;

Fluently read, speak, comprehend, and compose coherent written reports in English.

Possess a Bachelor's degree and have five (5) years of contract management experience with projects similar in size and scope to this contract, prior USMS CSO Contract Managers, who do not meet the current educational requirements, are eligible for consideration, Pass the background investigation mandated for CSO applicants (See Section C.8 Government’s Background Investigation Procedures).

C.4.2.3 The Government will review and approve the Contractor’s recommendation for all DS and CM positions. The Contractor shall notify the Government, in writing and in advance, should there be any change in the DS or CM position. A copy of this notification shall be provided to the Chief, Office of Court Security via CSO-001 Contractor’s Court Security Officer Staffing Notification.

C.5 CONTRACTORS VETTING REQUIREMENTS

C.5.1 Contractor’s Responsibility

C.5.1.1 The Contractor shall take all necessary steps to assure that all individuals serving under the contract are reliable, reputable, and have satisfied all training and experience requirements in accordance with the Contract.

C.5.1.2 The Contractor shall conduct a preliminary background check on all CSO applicants and other Contractor personnel working on this contract. The costs for conducting the preliminary background checks on CSO applicants and other personnel shall be the responsibility of the Contractor. At a minimum, the Contractor shall ensure prospective applicants meet or exceed the minimum requirements set forth in Section C.4 Qualifications. In addition the Contractor shall complete, certify and submit a CSO Form 005, Court Security Officer Contractor’s Preliminary Background Check form, which is provided in Section J, List of Attachments, for each CSO applicant.

C.5.1.3 The Contractor shall have in place a selection process that can evaluate potential applicants’ character as it relates to their ability to:

understand, explain, interpret, and apply rules, regulations, directives, and procedures;

possess poise, self-confidence, and the ability to make sound decisions and react quickly under stressful conditions;

possess the ability to prepare clear and concise reports;

possess the ability to learn and adapt to changing situations; and, possess the ability to accept and respond to instruction and direction.

C.5.1.4 While the Government performs individual background investigations, doing so shall not, in any manner, relieve the Contractor of its responsibility to complete the preliminary background checks and assuring that each applicant meets the qualifications prescribed in Section C.4 Qualifications. In the event a strike or an emergency impedes continuation of the services provided under the resultant contract, the Government may expedite background investigative procedures, as deemed necessary. The Government will not waive the minimum CSO qualification requirements stipulated in Section C.4 Qualifications.

C.6 APPLICATION PACKAGE REQUIREMENTS

C.6.1 The Contractor shall provide a detailed written Standard Operating Procedure to ensure that all applicable forms identified in the Statement of Work are complete, accurate, and have been reviewed in accordance with the Contractor’s Quality Assurance/Quality Control Plan.

C.6.2 The Contractor shall submit a complete and accurate application package to the Office of Court Security, for each individual proposed to work in any capacity on the resultant contract. A complete application package consists of the following forms:

C.6.2.1 CSO Package:

1. CSO Form 001 - Contractor’s Court Security Officer Staffing Notification

2. CSO Form 004 - Acknowledgement of Conditions of CSO Eligibility Form

3. CSO Form 005 - Court Security Officer Contractor’s Preliminary Background Check Form

4. CSO Form 007 - Certificate of Compliance, The Lautenburg Amendment, Title 18, Section 922(G)(9) of the United States Code

5. CSO Form 229, “Certificate of Medical Examination for Court Security Officers”

6. DOJ-555, United States Department of Justice, Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act

7. FD 258, FBI Fingerprint Card

8. Military Discharge Certificate(s), Department of Defense DD-214 (If applicable)

9. OF-306, Declaration for Federal Employment

9. Photocopy of the Applicant’s Official Law Enforcement Training Certification

C.6.2.2 DS and CM Package:

1. FD 258, FBI Fingerprint Card

2. Military Discharge Certificate(s), Department of Defense DD-214 (If applicable)

3. Contractor’s Court Security Officer Staffing Notification, CSO Form 001

4. Questionnaire for Public Trust Positions, Form SF 85P

5. Copy of current Resume

6. Copy of College Transcripts (if applicable for CMs only)

C.7 TURNOVER

C.7.1 The Contractor shall take necessary measures to minimize CSO turnover and ensure that all required CSO positions are filled in a timely manner.

C.7.2 The Contractor is responsible for start-up costs to fill a vacant CSO position. The Contractor will be reimbursed by the Government only if the departing CSO had been employed by the current Contractor continuously for a minimum of 18 months.

C.7.3 When an authorized position (CSO, LCSO, DS and CM) becomes vacant, the Contractor shall, within thirty (30) calendar days after the vacancy occurs, submit a new CSO application package to the Office of Court Security. The Contractor may fill the position by transferring an individual from an existing CSO position. If the Contractor opts to transfer an individual, the Contractor shall do so and notify the Office of Court Security in writing within the first seven (7) business days of the 30-day calendar day requirement. The Contractor shall convey all vacancy and transfer notifications on a CSO Form 001, Contractor’s Court Security Officer Staffing Notification. After the 7 business day period, the Contractor shall only be allowed to submit a complete new CSO application package within the next twenty-three (23) calendar days.

Liquidated damages (See Section F.2) may be assessed if the Contractor fails to meet the 30-day requirement.

C.8 GOVERNMENT’S BACKGROUND INVESTIGATION PROCEDURES

C.8.1 The Government will conduct an initial background investigation upon receipt of a complete application package per Section C.6 Application Package Requirements. The Government will perform a full background investigation on all CSO, LCSO, DS, and CM applicants at the level deemed necessary. All investigations will be initiated via the e-QIP portal and completed by the Office of Personnel Management.

C.8.2 Upon completion of the initial background investigation, the Office of Court Security will review the findings to determine if the individual is suitable to perform under this contract in accordance with criteria outlined in 5 CFR 731 Suitability and the Homeland Security Presidential Directive-1, Policy for a Common Identification Standard for Federal Employees and Contractors. The Government’s primary concern is to determine whether the individual’s presence or performance under this contract could pose a potential threat or risk to the U.S.

Courts, the Government, or the public. Derogatory information discovered during the investigation process may render the individual unsuitable to perform under this contract.

C.8.3 The Government reserves the right to conduct periodic re-investigations, at a level deemed necessary, on all Contractor personnel working on this contract at any time for any reason.

Derogatory information discovered during the re-investigation process may render the individual unsuitable to perform under this contract.

C.8.4. If a CSO is temporarily removed or resigns from performing services under this contract, the Government, at its discretion, may require the individual to undergo another background investigation before resuming a CSO position. At the discretion of the Government, the Contractor shall complete and submit the necessary forms for a background investigation to the Office of Court Security.

C.9 PHYSICAL AND MEDICAL STANDARDS

C.9.1 When recruiting or considering applicants to perform under this contract, the Contractor shall ensure that the individual can withstand the physical demands of the position. All individuals performing in a CSO position shall be physically fit and be able to meet all of the physical and performance requirements of this contract.

C.9.1.1 Physical Demands - The duties and responsibilities of a CSO require frequent and prolonged walking, standing, running, sitting, and stooping without assistance. In addition, a CSO is required to subdue violent or potentially violent people. Physical stamina in all of its forms (e.g., mental, climatic) is a basic requirement of this position. Therefore, “light duty” post assignments are not available under this contract.

C.9.1.2 Physical Fitness - The Contractor shall encourage its employees working as CSOs to maintain a fitness program. Staying physically fit shall help the individuals performing as CSOs to endure the stress generally associated with the performance demands of this contract and prepare them to respond to emergencies.

C.9.1.3 The medical condition of the CSO workforce is critical to the overall safety of the Judiciary. As such, the medical examination process is part of the overall clearance process. To ensure that each CSO is medically qualified to perform all CSO duties, each prospective CSO shall undergo a medical examination and meet all of the medical standards stated in this contract.

Thereafter, each CSO shall undergo and pass an annual examination during the life of the contract for qualification purposes. The Contractor shall ensure that each CSO undergo and pass a subsequent annual examination to occur during their birth month.

C.9.1.4 The Government reserves the right to require a CSO to undergo a medical examination whenever such actions are necessary to ensure the safety and security of the Judiciary. The medical clearance shall be determined based upon the results of each required medical examination. Therefore, a CSO can be determined unsuitable to perform under this contract at any time for medical reasons.

C.9.1.5 Each CSO, including CSO applicants, shall meet the medical standards outlined below.

Failure to meet any one of the required medical and/or physical qualifications shall disqualify an individual from performing as a CSO under this contract. The Contractor shall not allow any individual to perform under this contract until the individual’s qualification status has been determined by the Federal Occupational Health (FOH) and a written approval has been granted by the Chief, Office of Court Security.

C.9.1.6 Contractor entitlement of costs incurred in the conduct of individual CSO medical examinations shall be expressly limited to basic examination costs, as detailed in the Start-up Cost authorizations and shall not apply to any follow-up consultation resulting from the Government’s review.

C.9.1.7 The Government will not reimburse nor shall the Contractor bill for any overtime hours associated with medical examinations.

C.9.2 Selecting and Qualifying Physicians

C.9.2.1 The Contractor shall establish and maintain designated licensed physicians to perform and document medical examinations on all CSOs on behalf of their company. At a minimum, the Contractor shall designate two (2) licensed physicians for each city in a given District where CSOs are assigned.

C.9.2.2 Designated examining physicians shall possess a current medical license and a State board certification to practice in their field of expertise in the United States or a United States territory. The designated examining physician shall possess and use medical equipment and supplies that are essential for conducting a complete and comprehensive examination.

C.9.2.3 To qualify a physician as a designated CSO medical examination physician, the Contractor shall maintain on file a detailed resume of the physician’s credentials and employment history and written certification that the credentials of the respective physician have been verified for accuracy and authenticated by accrediting agencies, medical schools, residency training programs, licensing boards, and other data sources. In addition, the Contractor shall maintain on file, an annual written certification that each designated examining physician continues to possess current licenses and state board certifications to practice in their field of expertise.

C.9.2.4 All required physicians records shall remain on file with the Contractor during the entire contract period, or as otherwise directed by the Government. These records shall be centrally maintained by the Contractor and be made available to the Government for the purpose of periodic compliance reviews or upon the request of the Government.

C.9.2.5 The USMS reserves the right to disqualify physicians from providing services under this contract, at any time, if: (1) their license has been suspended or revoked by a licensing board;

(2) they have been convicted of a Federal crime; or (3) their performance is considered unsatisfactory by the Government.

C.9.3 Medical Examination Process

C.9.3.1 The Contractor shall require all CSOs and each CSO applicant to complete a comprehensive medical form, CSO Form 229, Certification of Medical Examination for Court Security Officers, Section J, List of Attachments, and undergo a medical examination by a designated examining physician. The completed CSO Form 229, including all other supporting medical information, shall be sent directly to the USMS Occupational Health Nurse for evaluation and qualification. In addition to the CSO Form 229, the Contractor shall require all CSOs, as well as applicants, to read and sign that they have received and understand the provisions of the Acknowledgement of Conditions of CSO Eligibility, CSO Form 004. The original version of this form shall be forwarded to the Office of Court Security.

C.9.3.2 The Contractor shall require the examining physician to record the CSOs (both applicants and incumbents) medical results on the CSO Form 229 when the examination is being administered and sign the form after completion of the examination. Corrections, including the use of white-out or correction tape on the CSO Form 229 are strictly prohibited. The information stated on the CSO Form 229, including any required additional information, e.g., print-outs or reports of lab data, EKG, vision and hearing test records, a summary of the applicant’s treatment plan, etc., shall be legible, truthful, complete and precise, in order for FOH to render a sound medical determination. In addition, to ensure the integrity and privacy of the medical examination, the Contractor shall require the examining physician/clinic to return the results of the medical examination directly to the Contractor in a sealed envelope.

C.9.3.3 Upon receipt of the CSO Form 229, the FOH will review the form for completeness. If the CSO Form 229 is considered complete, the CSO Form 229 will be evaluated to render a qualification determination. If the CSO Form 229 is not considered complete or acceptable, the form will be returned to the Contractor for correction or completion. The reasons FOH shall return the CSO Form 229 include but are not limited to:

The medical findings are illegible;

Requested and necessary information was not provided;

The medical findings or documentation are incomplete, conflicting or questionable; or

Necessary and complete additional information was not included with the submission.

C.9.3.4 Incomplete CSO Form 229s will delay the process of qualifying an individual and thus impact the Contractor’s performance and ability to supply the required security coverage. For that reason, the Contractor shall establish and enforce quality assurance procedures to minimize such delays. The Contractor shall also submit the CSO Form 229 to the FOH within 30 days of the examination date.

C.9.3.5 After the CSO Form 229 passes the initial review by FOH, the form is reviewed for a medical qualification determination. The USMS will receive a medical review record directly from FOH documenting their findings. If the FOH initial review can determine, based on the information contained in the CSO Form 229, that the individual is clearly medically qualified or disqualified, the USMS will inform the Contractor in writing.

C.9.3.6 If, for any reason, the FOH is unable to make a final medical determination or it is necessary to clarify or prove that a disqualifying condition has been corrected or eliminated, the FOH will issue a “deferred” determination and request additional information from the Contractor. In such cases, the Contractor shall require the CSO to submit specific supplemental information within 60 days or as required, for completion of a specific test, in order to medically qualify.

C.9.3.7 In the event all of the requested information is not received by the FOH within the 60-day time frame, or as required for the completion of a specific test, the individual shall be disqualified to perform under this contract. If the Contractor submits the required information to the FOH within the 60-day time frame, FOH will review the necessary information for an evaluation and medical qualification determination. After reviewing all of the medical documentation, FOH will determine whether the individual meets the medical standards as outlined in this contract. FOH will notify the Government of their findings and the USMS will then notify the Contractor in writing of the final determination.

C.9.3.8 The Government will reimburse the Contractor the medical amount identified in the start-up cost only one time for the initial examination. The Government will not reimburse the Contractor or pay for any additional medical exams, follow-ups, specific tests, and re-examinations required to qualify an applicant to begin work.

C.9.4 Annual Medical Examinations and Other Medical Examination Requirements

C.9.4.1 After the CSO successfully completes the initial examination and qualification process, the Contractor shall require the CSO to complete and pass an annual medical examination to occur during their birth month. If the CSO fails to complete and pass the annual examination, the CSO shall be rendered disqualified and the Contractor shall prohibit the individual from performing under this contract. The requirements and procedures outlined in Section 9.3 Medical Examination Process shall be followed for the annual medical examination process.

C.9.4.2 When, at any time, the Contractor observes or suspects that a CSOs medical or physical condition impedes the security of the Judiciary or the duties required of a CSO, the Contractor shall immediately, on a temporary or permanent basis, remove the individual from performing under this contract. In addition, the Contractor shall require the CSO to undergo a medical examination separate from and outside of the annual medical requirement. Failure of the Contractor to take action shall be considered poor performance and may result in Government action. Additionally, the Government reserves the right to direct the CSO to undergo a medical examination outside of the annual medical requirement. Medical examinations other than the annual medical requirement shall be administered at no additional cost to the Government.

C.9.4.3 When the Contractor is notified that a CSO is unable to perform under this contract due to an injury, illness, inpatient or outpatient surgery/procedure, hospitalization or emergency room visits, or extended medical reasons, the Contractor shall complete and submit a CSO Form 001, Contractor’s Court Security Officer Staffing Notification, to the Office of Court Security, within three (3) business days after being informed of the situation.

C.9.4.4. The Contractor shall prohibit a CSO from performing under this contract until a re-examination of the individual’s medical condition has been administered. The Contractor shall require the individual to undergo a medical re-examination within thirty (30) calendar days from the treating physician’s release date. The results of the examination will be submitted on a CSO Form 012, Court Security Officer Contractor’s Request to Reevaluate an Individual’s Medical Qualification. The Contractor and the individual’s treating physician shall complete all applicable areas of the CSO Form 012, Court Security Officer Contractor’s Request to Reevaluate an Individual’s Medical Qualification.

C.9.4.5 Once completed, the Contractor shall submit the form to FOH through the USMS Occupational Health Nurse for an official medical clearance. The CSO Form 012 shall be reviewed for completeness and a final medical qualification determination. If the form submitted is incomplete, the FOH will consider the form unacceptable and return it for correction. The individual shall not resume CSO duties until the FOH makes a final medical determination that the individual is medically qualified.

C.9.4.6 When the FOH review can determine, based on the information contained in the CSO Form 012, that the individual is clearly medically qualified or disqualified, the USMS will notify the Contractor in writing.

C.9.5 Medical Standards

C.9.5.1 Vision. Corrected distant visual acuity must be 20/30, or better, as measured with both eyes viewing (binocular). Complete loss of vision in one eye is disqualifying. Corrected distant visual acuity must be 20/125, or better, in the worst eye. Ability to distinguish basic colors, as well as shades of color, is required. Normal peripheral vision is required.

C.9.5.2 Hearing. The applicant or incumbent CSO must be able to hear well enough to safely and efficiently carry out the essential requirements of the CSO position. This includes the ability to adequately comprehend speech during face-to face conversations; comprehend speech during telephone conversations; comprehend speech during radio transmissions; comprehend speech when the individual cannot see another CSO; hear sounds that require investigation; and determine the source and location of sounds. In order to measure an individual’s ability to perform these essential job functions, the following test procedures are administered.

C.9.5.2.1 Initially, all individuals must be tested UNAIDED using an audiometer for measurement, testing each ear separately under headphones. The equipment and test setting must meet the standards of the American National Standards Institute (see 29 CFR 1910.95). Auditory acuity in each ear may be demonstrated by documentation of pure tone air conduction hearing thresholds, as specified below:

In the frequency range from 500 - 2000 hertz (Hz), the pure tone audiometric deficit shall not exceed 30 decibels (dB) in either ear, without the use of hearing aids.

At 3000 Hz, the pure tone audiometric deficit shall not exceed 40 dB in either ear, without the use of hearing aids.

At 4000 Hz, the pure tone audiometric deficit shall not exceed 50 dB in either ear, without the use of hearing aids.

C.9.5.2.2 Evaluation of Test Results.

C.9.5.2.2.1 If the performance on the above UNAIDED pure tone audiogram meets the standards set forth above in section C.9.5.2.1 and the individual does not wear a hearing aid in either ear, no further assessment is needed and the individual is deemed medically qualified under the hearing standard.

C.9.5.2.2.2 If the performance on the above UNAIDED pure tone audiogram does not meet the standards set forth above in section C.9.5.2.1 and the individual does not wear a hearing aid in either ear, the individual must undergo UNAIDED functional hearing assessments, as described below in section C.9.5.2.3. Based on the results of those functional hearing assessments and the recommendations of the reviewing physician and consulting audiologist, a determination of whether the individual is medically qualified with regard to hearing will be made as follows:

If the performance on the UNAIDED functional hearing assessments is acceptable, no further assessment is needed and the individual is deemed medically qualified under the hearing standard.

If the performance on the UNAIDED functional hearing assessments is not acceptable, the individual is deemed not medically qualified.

o Applicants in this circumstance may acquire hearing amplification equipment or undergo medical and/or surgical treatment for hearing loss and reapply in the future.

o Incumbents in this circumstance will be removed from duty, allowed an opportunity to acquire hearing amplification equipment or pursue medical and/or surgical evaluation and treatment for hearing loss, and then allowed to undergo subsequent functional hearing assessments as described below in section C.9.5.2.3.

For incumbents deemed not medically qualified who undergo medical and/or surgical treatment for hearing loss:

If the performance on the subsequent UNAIDED functional hearing assessments is acceptable, the incumbent will be deemed qualified with regard to hearing performance and may be returned to duty.

If the performance on the subsequent UNAIDED functional hearing assessments is unacceptable, the individual remains not medically qualified and may not be returned to duty.

For incumbents deemed not medically qualified who acquire hearing amplification equipment, the results of the subsequent functional hearing assessments will be evaluated and a decision made on whether to allow reinstatement pursuant to section C.9.5.2.3 below.

If the performance on the above UNAIDED pure tone audiogram does not meet the standards set forth above in section C.9.5.2.1 and the individual wears a hearing aid in one or both ears, the individual must undergo UNAIDED and AIDED functional hearing assessments, as described below in section C.9.5.2.3. Based on the results of those functional hearing assessments and the recommendations of the reviewing physician and consulting audiologist, a determination of whether the individual is medically qualified with regard to hearing will be made as follows.

If the performance on the UNAIDED and AIDED functional hearing assessments is acceptable, no further evaluation is needed and the individual is deemed medically qualified with or without the use of hearing amplification while on duty.

If the performance on the UNAIDED functional hearing assessments is unacceptable but the performance on the AIDED functional hearing assessments is acceptable, the individual is deemed medically qualified with the stipulation that the amplification equipment used during the aided functional assessments must be used at all times while on duty.

If the performance on the UNAIDED pure tone audiogram meets the standards set forth above in section C.9.5.2.1 and the individual wears a hearing aid in one or both ears, the individual must undergo UNAIDED and AIDED functional hearing assessments, as described below in section C.9.5.2.3.

If the performance on both the UNAIDED and AIDED functional hearing assessments is acceptable, the individual is deemed medically qualified with or without the use of hearing amplification while on duty.

If the performance on the UNAIDED functional hearing assessments is unacceptable but the performance on the AIDED functional hearing assessments is acceptable, the individual is deemed medically qualified with the stipulation that the amplification equipment used during the aided functional assessments must be used at all times while on duty.

Any incumbent who acquires or changes…