DJM-17-A32-R-0001.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DJM-17-A32-R-0001

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

03/30/2017

6. REQUISITION/PURCHASE

NUMBER

M-17-A32-R-000654

CODE MHQ004

UNITED STATES MARSHALS SERVICE

OFFICE OF SECURITY CONTRACTS

3601 Pennsy Drive Landover, MD 20785

Office of Security Contracts

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

See Section L 10:00:00 05/01/2017 (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Office of Security Contracts AREA CODE NUMBER EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%) 20 CALENDAR DAYS(%) 30 CALENDAR DAYS(%) 0 CALENDAR DAYS(%)

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE MMOC

Office of Court Security 3601 Pennsy Drive Landover, MD 20735

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Cheata Sieng

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

DJM-17-A32-R-0001 Page 1 of 32

DJM-17-A32-R-0001

8(a) Small Business Set Aside Federal Judicial Districts D17 N/FL and D26 C/IL

B-1

PART I – SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 DESCRIPTION OF SERVICES

The United States Marshals Service (USMS) requires a Contractor to furnish non-commercial armed security guard services defined in the design/detail Statement of Work (SOW) and contract exhibits, as Court Security Officer (CSO) and related services for two (2) Federal Judicial Districts (District). In furnishing these services the Contractor shall provide all necessary management, supervision, manpower, materials, supplies, and equipment (except as otherwise provided). The Contractor shall also plan, schedule, coordinate, and assure effective performance of the CSO Services SOW and compliance with the terms and conditions stated herein.

B.2 PLACE OF PERFORMANCE

• 7th Circuit – Central District of Illinois D26

• 11th Circuit – Northern District of Florida D17

B.3 PERIOD OF PERFORMANCE

The period of performance is five years, which includes a base period and four one year option periods as follows:

Base Period October 1, 2017 through September 30, 2018

Option Period 1 October 1, 2018 through September 30, 2019 Option Period 2 October 1, 2019 through September 30, 2020 Option Period 3 October 1, 2020 through September 30, 2021 Option Period 4 October 1, 2021 through September 30, 2022

B.4 CONTRACT TYPE

This is an indefinite-delivery indefinite-quantity (ID/IQ) time-and-materials/labor hour contract for the services specified. Incidental commercial supplies are firm-fixed priced.

CSO reimbursable travel is subject to the Federal Travel Regulations (FTR).

The Contractor shall furnish supplies and services as ordered through Government issuance of delivery or task orders. Each task order issued under this contract will be issued for the actual known service requirements at that time of issuance and will set forth an estimated total price, a ceiling price, in the task order Schedule.

See Section I Contract Clauses, Federal Acquisition Regulation FAR clause 52.216-18 Ordering.

B-2

B.5 SCHEDULE B PRICING SCHEDULES

The Schedule B Pricing Schedules for the Circuit including each facility located in the Districts requiring support are attached in the Price Summary Sheets Attachment J.1(D).

The positions are estimates for planning purposes only. The requirements (for CSOs, LCSOs and DS) to be furnished under the incorporated Pricing Schedules are determined by task orders issued against this contract. The task order’s requirements may be higher or lower than the estimates for positions cited in the Price Summary Sheets Attachment J.1(D).

B.6 ESTIMATED QUANTITIES

The Government has the right to unilaterally add, decrease, cancel, or modify services stated in each task order issued at the established prices, provided the change is within scope of the contract and the associated task order; and the change does not cause the Government to fail to order the guaranteed minimum number of hours under the contract.

B.7 CONTRACT LINE ITEM NUMBERS (CLINs)

The pricing for services required under this contract have been divided into six Contract Line Item Numbers (CLINs) as defined below and will be invoiced in accordance with Section G.7 Invoice Requirements.

CLIN # 1 - Basic Rate (Labor Hour) – The Basic Hourly rate is subject to the Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) and is paid at the prevailing rate and fringe benefits. The basic rate, as defined under a time-and-materials labor-hour contract is defined as a fixed hourly rate that includes wages, other direct costs, indirect costs, and profit. Other direct costs, indirect costs, and profit are not subject to a price adjustment.

All court security services performed by the LCSOs and CSOs, including shift differential but excluding overtime, is billable at the Basic Rate. Medical examinations, periodic background reinvestigations, and weapons training and qualifications are dallowed two (2) Basic Rate hours each and are billable at the basic rates. These allowable hours are part of the 1903 total estimated number of hours.

All training hours (see Statement of Work C.12 Training and Qualification Requirements) are allowed and covered as part of the 1903 total estimated number of hours and as such are billable at the Basic Rate. Training hours include, but are not limited to:

• 8 hour In-District Phase I Orientation

• 32 hours Phase I OJT

• 40 hour Phase II Orientation

B-3

• 40 hours Phase II OJT

• 16 hour Annual Training

The Government will not reimburse the Contractor for overtime hours associated with medical examinations, reinvestigations, or training and qualifications.

CLIN # 2 - Start-up Cost (Firm Fixed-Price) – Start-up cost(s) includes all yearly Contractor expenditures for CSO and LCSO uniforms, weapon qualifications and training, and the medical examinations (the Government does not reimburse the vendor for supplemental visits) required to demonstrate that the individual meets the minimum medical standards required under the contract (see Section H.13 Liability for Start-up Costs).

Under this contract start-up costs are considered to be incidental commercial services and supplies and as such are priced as firm fixed-priced items and are not subject to an annual price adjustment under Fair Labor Standards Act and Service Contract Act. The Government will only pay start-up cost for each CSO and LCSO after the supply/service shown on the invoice has been received and accepted by the Government (see Section G.7(f) Invoice Requirements). These start-up costs are applicable when:

(a) The CO enhances (i.e., increases) the number of positions;

(b) The Contractor is required to hire a replacement pursuant to one of the conditions stated in the Statement of Work C.7 Turnover; or

(c) Annually for all incumbent LCSOs and CSOs with the following exception. At the beginning of a new contract, for CSOs or LCSOs who have started work less than four (4) months prior to the start of the new contract performance, these requirements are waived and the new Contractor is not entitled to the start-up cost.

CLIN # 3 - Overtime Rate (Labor Hour) – Overtime rates are subject to an annual price adjustment under the Fair Labor Standards Act and Service Contract Act and is defined as a fixed rate (see CLIN # 1). The Government will pay overtime for the LCSO or the CSO when directed by the Contracting Officer’s Representative (COR) and with the approval of the Contracting Officer to work more than a 40-hour work week or in accordance with the terms of the Contractor’s Collective Bargaining Agreement (see Section C.23 Overtime and Holiday Performance.) The Government is only liable to pay for these services when the Government requests a variation in the schedule and the request results in overtime usage. For the purposes of defining a work week for performance under this contract, a work week is from Sunday through Saturday. See Section G.7(c) Invoice Requirements.

CLIN # 4 – CSO Reimbursable Travel – All CSO travel, including travel for training, shall be submitted in accordance with Federal Travel Regulations (FTR) and the terms

B-4 and conditions of the contract. Refer to www.gsa.gov for updated travel regulation information and Section G.7(d) Invoice Requirements.

CLIN # 5 – CSO Soft Body Armor Kit (Firm Fixed-Price) – See CSO Soft Body Armor Requirements Attachment J.4(D). Soft Body Armor shall be provided by the Contractor in accordance with the Section C, SOW. The Soft Body Armor Kit shall be invoiced under a separate CLIN # 5 in accordance with Section G.7(e) Invoice Requirements.

Under this contract the Soft Body Armor Kit is considered to be an incidental commercial supply and as such is a firm fixed-priced and is not subject to an annual price adjustment under Fair Labor Standards Act and Service Contract Act.

This CLIN is billable when:

stated in the Statement of Work Section C.7 Turnover; or

(c) The warranty period has expired for all incumbent LCSOs and CSOs body armor.

(d) Upon request to order by the Government

CLIN # 6 – SSO Uniform Standard (Firm Fixed-Price) – See SSO Uniform Standard Attachment J.4(E). The SSO Uniform Standard shall be provided by the Contractor in accordance with Attachment J.4(E) and only as authorized and procured under a task order. CSOs and the CM and DS are not authorized to wear such uniforms.

The SSO Uniform Standard shall be invoiced under a separate CLIN # 6(a) and CLIN # 6(b) in accordance with Section G.7(e) Invoice Requirements.

Under this contract the SSO Uniform Standard is considered to be an incidental commercial supply and as such is firm fixed-priced and is not subject to an annual price adjustment under Fair Labor Standards Act and Service Contract Act.

This CLIN is billable when:

stated in the Statement of Work Section C.7 Turnover; or

(c) Annually for all incumbent SSOs.

http://www.gsa.gov/

B-5

B.8 DESIGNATED ORDERING INDIVIDUALS AND ACTIVITIES

All orders placed under this contract will be made by Government appointed Contracting Officer(s) (CO) authorized by the USMS or under reimbursable or interagency agreements. These include, but not are limited to:

• USMS CO appointed to the Judicial Security Division/Office of Security Contracts;

• USMS CO appointed to the Financial Services Division/Office of Procurement;

• Interagency Acquisition Agreements as authorized under agreements identified in

Attachment J.5(A).

The appointed CO will ensure that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met.

COs appointed under reimbursable or interagency agreements will ensure all services ordered fully comply with the terms and conditions of this contract and the reimbursable or interagency agreement. When a dispute with the Contractor arises from or is related to this contract, the matter shall be referred to the USMS CO for resolution.

Multiple awards have been made at the Circuit level under full and open competition and no further competition of orders is required. Each task order issued shall as a minimum include:

• Date of order;

• Contract number and order number;

• Contract Line Item Number (CLIN), description, quantity, and unit price;

• Delivery or performance schedule;

• Place of delivery or performance;

• Any packaging, packing, and shipping instructions;

• Accounting and appropriation data; and

• Method of payment.

C-1

SECTION C – STATEMENT OF WORK

COURT SECURITY OFFICER SERVICES

Federal Judicial Districts D17 N/FL and D26 C/IL

C-2

TABLE OF CONTENTS

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 THE HIRING OF TEMPORARY CSOs

C.11 AUTHORIZATION TO PERFORM

C.12 TRAINING AND QUALIFICATION REQUIREMENTS

C.13 TRAINING ADMINISTRATION

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 PHASE IN AND PHASE OUT TRANSITION PERIOD

C-3

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 5,200 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 three branches: Applications and Qualifications Branch (AQB);

Judicial Security Inspector Field Support Branch (JFSB); and Training and Compliance Branch (TCB). 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 mission 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 authorized to carry firearms and detain individuals 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 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 weapons proficiency requirements.

The USMS has entered into Interagency Acquisition Agreements (IAA) with other federal entities. Individuals performing Security Officer Services under an IAA are

C-4 generally designated as Special Security Officers (SSOs). Agencies authorized to acquire services under such agreements are listed in solicitation Attachment J.5(A). The 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.

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 performing 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. Any use of force shall comply with USMS Policy Directive 14.15 Use of Force Attachment J.4(A), USMS Policy Directive 14.16 Less-Than-Lethal Devices Attachment J.4(B), and the Department of Justice (DOJ) Policy Statement Use of Deadly Force Attachment J.4(C). 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 confiscated items shall be immediately turned over to the USMS, reported to the COR, and documented on a CSO-003 Court Facility Incident Report Attachment

C-5

J.3(B), by the CSO as soon as possible and no later than within 24 hours of the occurrence. The documentation shall provide a thorough account of the confiscation.

• 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 calendar 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 10th calendar day of each 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.

• Exterior Forward Watch – The CSO shall provide focused surveillance on incoming traffic to entrances from inside or outside the facility in order to detect oncoming threats before reaching the screening area. While this position is to be utilized at the front entrance the CSO does not engage in screening, rather this position provides security for the CSOs who are screening.

• Escort Duties - Escort Duties are authorized for official purposes and when deemed necessary and approved by the COR. The CSO may 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, or from one floor to another.

• Off-Site/Remote Judicial Proceedings - CSOs are authorized to provide security services for off-site and remote judicial functions where access to the site can be controlled and public screening conducted.

• 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.

C-6

• 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.

• 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 Government in accordance with the requirements stipulated in the contract, see Section C.24 Reports, C.25.4 Records, and Section F Deliverables or Performance.

C.3.2 Lead Court Security Officers (LCSO)

C.3.2.1 Lead Court Security Officers (LCSOs) do not have full formal supervisory authority and do not directly supervise other employees. An LCSO functions simultaneously as a full time working CSO and in a lead capacity for an assigned shift. As a lead, the CSO performs additional 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.

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.

C-7

• Ensure 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).

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

• LCSOs do not perform as Quality Control Inspectors or QCI duties. See Section C.25.1

C.3.2.3 The Contractor shall provide an LCSO at each court facility stated in Section B.2 Place of Performance and detailed on the Price Summary Sheets Attachment J.1(D). For facilities designated to operate on a “24-hour” basis, at Government expense the Contractor shall provide no more than three (3) LCSOs in accordance with the hours allocated on task order.

C.3.2.4 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

C.3.5 Contract Manager (CM) Managing the requirements of this contract is considered a critical

C-8 function. For that reason, the Contractor shall provide a DS as specified in the Order Clause of the contract for each District listed on the Price Summary Sheets Attachment J.1(D). 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 contract requirements.

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 function. For that reason, the Contractor shall provide and solely dedicate a highly skilled and experienced CM for each Circuit specified under this contract. In addition to providing contract administration and ensuring the Contractor is conforming to the contract requirements, the CM shall oversee and manage all 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 Contractor employees perform all duties and requirements of the contract from the CSO duties through all administrative requirements, ensuring:

• quality of services and supplies,

• timeliness of all deliverables,

• control costs,

• ensure compliance with all

Government reporting requirements,

• ensure a business-like concern for the interests of the Government,

• ensure quality control, and

• management of key personnel.

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

C-9 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 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 Standard 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 requirements, weapons qualifications, and medical or physical requirements stated in this contract. See Section C.19.4

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.

under this contract. The CM shall provide for DS services during a vacancy.

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

7. The CM personnel are prohibited from performing duties of a CSO or LCSO and shall not be subject to the uniform requirements, weapons qualifications, and medical or physical requirements stated in this contract. See Section C.19.4

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 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

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Standard Operating Procedure (SOP) 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, unrestricted (except eyeglass wear) 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 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

C-11 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 United States Code Title 18 U.S.C. § 922 (g)(9) Unlawful acts. 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 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 involving the direct oversight of employees and evaluating employee performance.

• Pass a background investigation at a level deemed necessary (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 course work and/or professional certifications relevant to contract management such as: (Note: this requirement is waived at the discretion of the Contracting Officer for CMs currently serving in the capacity of CMs for the USMS or under the preceding CSO contract.).

Degree concentration or advanced degrees in business related disciplines; or, Certified Professional Contract Manager (CPCM) and/or Certified Federal

Contract Manager (CFCM) from the National Contract Management Association (NCMA); or, U.S. Government Certification and/or position classification as Contracting Officer, Contracting Officer’s Representative (or Technical Representative)

• Pass a background investigation at a level deemed necessary (see Section C.8 Government’s Background Investigation Procedures).

• Have five (5) years of contract management experience supporting contracts for:

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Armed Security Services, Military Security Services, or

Law Enforcement Services;

OR:

• Have five (5) years of contract management experience with contracts that are reasonably similar in size and complexity;

OR:

• Have five (5) years of experience as a Senior Level Manager in Law Enforcement (a senior Level Manager is defined as supervising at least two (2) management level subordinates.)

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 according to Section H.12 Key Personnel, should there be any change in the supervisory personnel, DS or CM position. A copy of this notification shall be provided to the Chief, OCS via CSO-001 Court Security Officer Staffing Notification Attachment J.2(A).

C.5 CONTRACTORS VETTING REQUIREMENTS

C.5.1 Contractor’s Responsibility C.5.1.1

The Contractor shall take all necessary steps to ensure 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 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 Attachment J.2(C) 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

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• 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

• 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. The complete package should be uploaded to the Contractor’s respective folder in the Justice Enterprise File Sharing (JEFS) Network. In addition to submitting a copy of the FD-285 FBI- Applicant Fingerprint Card with the package in JEFS, the Contractor shall mail the applicant’s original FD-258 to the address below for arrival within two weeks of the applicant package submission.

United States Marshals Service Judicial Security Division Office of Court Security 3601 Pennsy Drive Landover, MD 20785

A complete application package consists of the following forms and must be submitted together at the same time:

C.6.2.1 CSO Package

• CSO-001 Court Security Officer Staffing Notification (Must be typed fillable form)

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• CSO-004 Acknowledgement of Conditions of Court Security Officer Eligibility

• CSO-005 Court Security Officer Preliminary Background Check Form (Must be typed fillable form)

• CSO-007 Certificate of Compliance: The Lautenberg Amendment

• CSO-229 Certificate of Medical Examination for Court Security Officers

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

• FD-258 FBI – Applicant Fingerprint Card

• DD-214 Military Discharge Certificate, to include character of discharge (if applicable)

• Photocopy of the applicant’s official law enforcement training certification (see C.4.1: 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.)

C.6.2.2 DS and CM Package

• CSO-001 Court Security Officer Staffing Notification (Must be typed fillable form)

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

• FD-258 FBI – Applicant Fingerprint Card

• DD-214 Military Discharge Certificate, to include character of discharge (if applicable)

• Copy of current resume

• Copy of college transcripts (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.

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C.7.3 When an authorized position (CSO, LCSO, SSO or LSSO) becomes vacant, the Contractor shall submit a CSO-001 to OCS within two (2) business days of the position becoming vacant. The contractor shall submit a new application package to the OCS within 30 calendar days after the vacancy occurs. The Contractor may fill the position by transferring an individual from an existing CSO position. In the event of the Contractor elects to transfer an individual, the Contractor shall submit a complete new CSO application package within the 30 calendar days of the original vacancy. The Contractor shall convey all vacancy and transfer notifications on CSO-001.

C.8 GOVERNMENT’S BACKGROUND INVESTIGATION PROCEDURES

C.8.1

The USMS will initiate a Government background investigation upon receipt of complete application package(s) per Section C.6 Application Package Requirements on all CSO, LCSO, DS, and CM applicants. The Government will conduct the investigation at the level deemed necessary on all CSO, LCSO, DS, and CM applicants. 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 the Code of Federal Regulation, Title 5 C.F.R. § 731, Suitability and the Homeland Security Presidential Directive-12 (HSPD-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 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.

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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 a biennial examination during the life of the contract for qualification purposes. The Contractor shall ensure that each CSO undergo and pass a subsequent biennial 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…