ATTACHMENT_A-_DRAFT_CSO_SOW.pdf

DRAFT STATEMENT OF WORK

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PART I – SCHEDULE – Section C/Statement of Work

COURT SECURITY OFFICER SERVICES

th , 7 th , and 11 th Federal Judicial Circuits

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TABLE OF CONTENTS

C.1 BACKGROUND

C.2 SCOPE OF WORK

Applications and Qualifications Branch (AQB)

C.3 CONTRACTOR PERSONNEL

C.4 CSO 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

Training and Compliance Branch (TCB)

C.11 AUTHORIZATION TO PERFORM

C.12 WEAPONS QUALIFICATIONS

C.13 TRAINING

C.14 COMPLIANCE WITH CSO PERFORMANCE STANDARDS

JSI Field Support Branch (FSB)

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

AQB, TCB, FSB

C.24 REPORTS

C.25 QUALITY ASSURANCE

C.26 PHASE OUT TRANSITION PERIOD

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

COURT SECURITY OFFICERS (CSO) PROGRAM

C.1 BACKGROUND

The Court Security Officer Program is managed by the Judicial Security Division within the United States Marshals Service (USMS). 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 contracted Court Security Officers (CSO), filling over 4,200 authorized full-time and shared positions within all United States Circuits and districts. CSOs safeguard approximately 440 court facilities throughout the nation. The

OCS is comprised of four branches: Applications and Qualifications Branch (AQB), JSI

Field Support Branch (FSB), Training and Compliance Branch (TCB), and Management

Support Branch (MSB). Each branch performs an integral part of the program’s operations, ensuring that individuals performing as CSOs 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. To accomplish the provision of courthouse security, the USMS contracts with private security contractors. The employees of the contractors, known as CSOs, are deputized as Special Deputy U.S. Marshals with firearms and arrest powers while on duty at their given worksites.

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, to include but not be limited to: 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.

The USMS has entered into Interagency Acquisition Agreements (IAA) with other federal entities. Individuals performing Security Officer Services under an IAA are generally designated as Special Security Officers (SSOs). Agencies authorized to acquire services under such agreements are listed in solicitation Section J, Attachment 5(A). The

C-4 services ordered under an IAA shall be in full compliance with the terms and conditions of this statement of work.

During the term of this contract, including any extensions, the security coverage required may change (increase or decrease) as deemed necessary by the Government.

Applications and Qualifications Branch (AQB)

C.3 CONTRACTOR PERSONNEL

C.3.1 Court Security Officers (CSOs)

The Contractor shall ensure that CSO applicants and CSOs working under this contract are in good physical condition and able to stand for long periods of time, and do not have any physical conditions 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 another law enforcement officer. In the event of an emergency, the

Government (USMS) reserves the right to direct the activities of all the CSOs, and may require the Contractor to cover posts and perform duties outside of the court facility.

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. 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 (e.g., 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 dangerous or lethal items shall be immediately turned over to the USMS and documented on a CSO-003, Court

Facility Incident Report, (see Section J.3(B), List of Attachments), by the CSO as soon as possible. Other non-dangerous, yet prohibited items, confiscated during the screening process shall be secured by the CSO in accordance with local rules and documented on the CSO-003 by the CSO. These non-dangerous item shall be 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.

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Equipment Settings - Use of equipment such as Walk-Through metal detectors

(WTMD), 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. 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 (See

C.24.5, Emergency Systems Report) to the COR no later than the 10 th day following the end of the month. (See Section F.3 Deliverables or Performance of this contract.).

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 CCTV, 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 for 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 courthouse; enforce local court rules regarding prohibited items and provide protection to court proceedings as circumstances dictate.

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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-003 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 C.24.3 and 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 perform general administrative duties. 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 employees, but serve as CSOs 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 Standards Violations (PSVs); 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

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The Contractor shall provide an 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 an 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. Note: the contractor cannot double bill the LCSO on another government requirement, e.g., government travel or medicals, the contractor must accommodate the extra expense in their other direct costs. Vacations and holidays are part of the fringe benefit requirements.

C. 3.3 Lead Special Security Officers and Special Security Officers

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 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) and C.3.5 Contract Manager (CM) Role and Responsibilities are defined and distinguished in the following comparative table.

C.3.4 District Supervisor (DS)

Managing the requirements of this contract is considered a critical function. For that reason, 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), Price

Summary Sheets. The DS shall oversee and manage the security operations performed by CSOs/LCSOs, to include as a minimum:

1. 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

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:

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

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

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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.

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

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

4. 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.

5. The DS shall have the ability to carry out all administrative tasks efficiently, e.g., timely, complete, and correct (without reliance on and

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

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

4. 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.

5. The CM shall have the ability to carry out all administrative functions efficiently, effectively and in a timely fashion (without reliance on and further assistance of the

C-9 further assistance of the CSOs).

6. The DS shall conduct prompt and thorough internal investigations of reported allegations, or other evidence, to determine the facts, and report all Performance Service

Violations (PSVs) without hesitation or unnecessary delay, to include those matters handled and resolved internally.

7. The DS personnel are prohibited from performing duties of a CSO or

LCSO and shall not be subject to the uniform, medical or physical requirements stated in this contract.

8. 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.

CSOs).

6. The CM shall conduct prompt and thorough internal investigations of reported allegations, or other evidence, to determine the facts, and report all Performance Service

Violations (PSVs) without hesitation or unnecessary delay, to include those matters handled and resolved internally.

7. The CM is not required to meet the

CSO medical standards, weapons qualifications, and uniform requirements stated in the contract.

8. The CM 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.

C.4 CSO QUALIFICATIONS

The Contractor shall demonstrate a multi-faceted and systematic 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

C-10 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 a Federal, state, county, local or military authority, 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-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 OCS.) 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.

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C.4.2 DS and CM QUALIFICATION STANDARDS

C.4.2.1

The DS shall meet or exceed the following minimum requirements:

Be a 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 a 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); and

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, OCS via CSO-001, 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

C-12 preliminary background checks on CSO applicants and other personnel shall be the responsibility of the Contractor. At a minimum, the Contractor shall employ methods to independently verify and 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-005, Court Security Officer Preliminary Background

Check, which is provided in Section J, List of Attachments, for each CSO applicant.

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

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

possess self-confidence, poise, 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 assure that each applicant meets the qualifications prescribed in

Section C.4, Qualifications. In the event that 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 have in place 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 OCS, for each individual proposed to work in any capacity on the resultant contract. A complete application package consists of the following forms and must be submitted together at the same time:

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C.6.2.1

CSO Package

1.CSO-001, Court Security Officer Staffing Notification

2.CSO-004, Acknowledgement of Conditions of Court Security Officer

Eligibility

3.CSO-005, Court Security Officer Preliminary Background Check Form

4.CSO-007, Certificate of Compliance: The Lautenburg Amendment

5.CSO-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 – Applicant Fingerprint Card

8. DD-214, Military Discharge Certificate (If applicable)

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

Certification

C.6.2.2 DS and CM Package

1. CSO-001, Court Security Officer Staffing Notification

2. DOJ-555, United States Department of Justice, Disclosure and Authorization

Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act

3. FD-258, FBI – Applicant Fingerprint Card

4. DD-214, Military Discharge Certificate (If applicable)

5. Copy of current Resume

6. Copy of College Transcripts (CMs only)

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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, SSO and LSSO) becomes vacant, the

Contractor shall submit a CSO-001 to AQB within two (2) days of the position becoming vacant. The contractor shall submit a new application package to the OCS within thirty

(30) calendar days after the vacancy occurs. 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 OCS 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 CSO-001. 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.

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 OCS 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-12, 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

C-15 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 OCS.

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 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.

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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, OCS.

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 for 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 be licensed by the State Board of Medical

Examiners to practice in their field of expertise.

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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 available to the Government and produced 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-229, Certification of Medical Examination for Court

Security Officers, Section J, List of Attachments, and undergo a medical examination by a designated examining physician. For CSO applicant CSO-229s: The completed CSO-

229, including all supporting medical information, should be included in the Applicant

Package. For CSO incumbent CSO-229s: The completed CSO-229, including all supporting medical information should be sent to the USMS Occupational Health Nurse by FedEx. If significant medical conditions are noted by the examining physician which could preclude the incumbent CSO from performing all the essential job functions, the

CSO-229 can be scanned/emailed or faxed to the USMS Occupational Health Nurse:

FEDEX (Hard Copy)

United States Marshals Service

Judicial Security Division

Office of Court Security

Attention: Barbara Hayes, OHN

2604 Jefferson Davis Highway

Alexandria, VA 22301

EMAIL (Scanned)

Barbara.Hayes@usdoj.gov

FAX

Call Ms. Hayes @ (202) 307-9182 to inform her that Medical Information is being delivered via FAX and ensure her availability to retrieve it on delivery.

FAX to (703) 603-2023 mailto:Barbara.Hayes@usdoj.gov

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In addition to the CSO-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 CSO-004, Acknowledgement of Conditions of Court Security Officer Eligibility. The original version of this form shall be forwarded to the OCS.

C.9.3.2

The Contractor shall require the examining physician to record the CSOs (both applicants and incumbents) medical results on the CSO-229 when the examination is being administered and sign the form after completion of the examination All corrections made by the examining physician or examining facility staff member must be done by drawing a single line through the information which is being corrected and initialing the corrections. The use of white out or correction tape on the CSO-229 is strictly prohibited.

The information stated on the CSO-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. All incumbent CSO-229 examinations shall be submitted by the Contractor to USMS within 60 days of the examination date.

C.9.3.3

Upon receipt of the CSO-229, the FOH will review the form for completeness. If the

CSO-229 is considered complete, the CSO-229 will be evaluated to render a qualification determination. If the CSO-229 is not considered complete or acceptable, due to missing, incomplete, or illegible information, FOH will initially notify the contractor by email. If the missing or incomplete information is not received from the Contractor within 3 days of the FOH email, the Reviewing Medical Officer (RMO) will issue a Medical Review

Form (MRF) stating that the CSO-229 is incomplete and cannot be reviewed until the missing/incomplete information is received. Common reasons why the CSO-229 cannot be reviewed 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-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. All corrections regarding missing, incomplete or illegible information shall be submitted to FOH within 30 days of notification.

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C.9.3.5

After the CSO-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-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, unless otherwise specified by

FOH or USMS, 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 USMS 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 USMS 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 C.9.3 Medical Examination Process shall be followed for the annual medical examination process.

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C.9.4.2

When, at any time, the Contractor observes or suspects that a CSO’s 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 CSO-001, within two (2) 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 and the individual’s treating physician shall complete all applicable areas of the CSO-

012, Request to Reevaluate Court Security Officer’s Medical Qualification, at the time the treating physician determines the CSO capable of returning to full and unrestricted duty. The results of the examination will be submitted on a CSO-012 for review by the

Government no later than fourteen (14) calendar days after the date the treating physician determines the CSO capable of returning to full and unrestricted duty.

C.9.4.5

Once completed, the Contractor shall submit the completed form to FOH through the

USMS Occupational Health Nurse for an official medical clearance. The CSO-012 shall be reviewed for completeness and a final medical qualification determination. If the form submitted is incomplete or the information is deficient, the FOH will consider the form unacceptable and issue a Medical Review Form (MRF) advising the Contractor of the additional medical information required to render a final medical determination. 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-

012, that the individual is clearly medically qualified or disqualified, the USMS will notify the Contractor in writing.

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C.9.5 Medical Standards)

C.9.5.1 Vision

Corrected distant visual acuity required is 20/30, or better, as measured with both eyes viewing (binocular). Complete loss of vision in one eye is disqualifying. Corrected distant visual acuity required is 20/125, or better, in the worst eye. Corrected near vision of 20/40, or better, as measured with both eyes viewing (binocular) is required. 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 shall 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 shall be tested UNAIDED using an audiometer for measurement, testing each ear separately under headphones. The equipment and test setting shall 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.

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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, or the CSO meets the UNAIDED pure tone standard set forth in section

C.9.5.1 but there is a history or evidence of reduced hearing capability, 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, 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 assessment is unacceptable and the individual does not wear hearing aid(s), the following applies:

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 after a minimum 30 day adjustment period, wearing his/her own hearing aid(s) for at least 8 hours each day 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:

o 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.

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

For incumbents deemed not medically qualified who acquire hearing amplification equipment, the results of the subsequent AIDED functional hearing assessments performed after a minimum 30 day adjustment period, wearing his/her own hearing aid(s) for at least 8 hours each day will be evaluated and a…