DRAFT 70RDAD20R00000018 - Medical Doctor SME.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

X

621111

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORDHS/OPO/DEPT.OPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/07/2020 1000 ES202-447-5664William Curto (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RDAD20R00000018

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20528-0115 245 Murray Lane, SW, #0115 Dept. Operations Acquisition Div.

Office of Procurement Operations

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

U.S. Dept. of Homeland Security

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a Request for Proposal for Medical Doctor Subject Matter Expert in support of the Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL).

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

DRAFT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

70RDAD20R00000018

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Government intends to award a Time and Materials contract under Simplified Acquisition Procedures (SAP) using FAR Part 13 to the responsible Offeror whose proposal conforming to this synopsis/solicitation will offer the best value to the Government, price and other factors considered.

(ii) The Request for Proposal (RFP) or Reference Number is: 70RDAD20R00000018.

(iii) This RFP and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07.

(iv) This acquisition is set aside for 100% Total Small Businesses. The associated North American Industry Classification System (NAICS) code for this acquisition is 621111

– Offices of Physicians – Except Mental Health Specialists and the small business size is $11,000,000.00.

(v) The Contract Line Item Numbers (CLINS), Description, Quantities, and Units of Measure are:

See Schedule B Attachment (Schedule of CLINS and Statement of Work.) The anticipated date for contract award is on or about September 14, 2020.

(vi) The Contract shall provide for Medical Doctor Subject Matter Expert for the Department of Homeland Security (DHS) Office of Civil Rights and Civil Liberties

(CRCL).

(vii) The period of performance for this requirement is a base period of twelve months, and includes four, twelve-month option periods. The primary place of performance shall be at Contractor’s site or Contractor’s remote location.

(viii) The provision at Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors – Commercial applies to this acquisition. The following addendum has been attached to this provision: Offeror’s submissions shall include the following information: Dun & Bradstreet Number (DUNS); North American Industrial Classification System (NAICS) Code; Contact Name; Contact Email Address;

Contact Telephone and Fax Number; Complete Business Mailing Address. Offerors must submit the name and contact information of at least three relevant past performance references wherein they provided the same type and scope of service as required by this RFP. References shall be for services provided within the last three years. Each Offeror shall submit their Technical Proposal and associated documents as a separate electronic attachment from the Pricing Proposal. The Pricing Proposal attachment shall include the completed Pricing Table in the Schedule B Attachment

III.

(ix) The provision at 52.212-2, Evaluation-Commercial Items applies to this acquisition.

The following factors shall be used to evaluate offers: 1) Technical Capability 2) Past Performance, and 3) Price. Technical Capability and Past Performance are of descending order of importance. However, when combined, they are significantly more important than price. Price may become the determining factor for award as proposals become more equal based on other factors. The Government will determine whether the price, inclusive of all options (including the options available under FAR 52.217-8), is fair and reasonable, and whether the price of the base period and all option periods (including the option(s) represented by FAR 52.217-8), in combination with the other evaluation criteria specified in the solicitation, represents the best value to the Government. The technical proposal shall include details describing the contractor’s ability to provide the service requirements outlined in Schedule B Attachment and the Statement of Work. Technical proposal shall not exceed ten (10) pages not including cover pages and statements of qualifications and other documentation. There are no page limitations to the price proposal.

(x) FAR 52.212-3 Quoter Representations and Certifications—Commercial Items.

The Quoter shall complete only paragraph (b) of this provision if the Quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Items applies to this acquisition. The following addenda have been attached to this clause: None.

(xii) The provision at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.

Additional FAR clauses applicable to this requirement are: The clause at 52.222- 3 Convict Labor, 52.222-21, Prohibition of Segregated Facilities, 52.222-22, Previous Contracts and Compliance Reports, 52.222-25 Affirmative Action Compliance, 52.222-26 Equal Opportunity; 52.225-13 Restrictions on Certain Foreign Purchases;

52.232-33 Payment by Electronic Funds Transfer System for Award Management.

(xiii) The following additional clauses are cited: FAR 52.202-1 Definitions, 52.203-3 Gratuities, 52.203-5 Covenant Against Contingent Fees, 52.203-7 Anti-Kickback Procedures, 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, 52.204-7 System for Award Management, 52.204-19 Incorporation by Reference of Representations and Certifications, 52.222-17 Non-Displacement of Qualified Workers, 52.222-50 Combat Trafficking in Persons, 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving, 52.227-14 Rights in Data – General, 52.232-39 Unenforceability of Unauthorized Obligations, 52.233-1 Disputes, 52.233-3 Protest after Award, 52.233-4 Applicable Law for Breach of Contract Claim, 52.243-3 Changes – Time and Materials and Labor Hour, 52.246-6 Inspection – Time and Materials and Labor Hour, 52.217-8 Option to Extend Services, 52.217-9 Option to http://www.acquisition.gov/

Extend Term of the Contract; HSAR 3052.204-70 Security Requirements for Unclassified Information Technology Resources, 3052.204-71 Contractor Employee Access – Alt I, Alt II, 3052.209-70 Prohibition on contracts with corporate expatriates, 3052.215-70 Key Personnel or Facilities, 3052.242-72 Contracting Officer’s Technical Representative. Full text of FAR clauses and provisions incorporated by reference can be found at www.acquisition.gov and HSAR Clauses at http://farsite.hill.af.mil/VFHSARA.HTM

(xiv) Rating under the Defense Priorities and Allocations System (DPAS) – N/A.

(xv) Questions concerning this RFP must be received via email to the point of contact noted below no later than 10:00 a.m. EST on Wednesday, July 29, 2020. In order to receive responses to questions, Offerors must cite the section, paragraph number, and page number. Proposals are due no later than Friday, August 07, 2020 – 10:00 a.m. EST and must be submitted electronically (via email) to the individuals noted in section “xvi”. A separate solicitation document is not available.

(xvi) For more information regarding this RFP please contact Janice Brinkley, Contracting Officer, (202) 447-0884 / Janice.Brinkley@hq.dhs.gov, AND William Curto, Contract Specialist, (202) 447-5664/ William.Curto@hq.dhs.gov.

DRAFT

http://www.acquisition.gov/ http://farsite.hill.af.mil/VFHSARA.HTM mailto:Janice.Brinkley@hq.dhs.gov mailto:William.Curto@hq.dhs.gov

Schedule B Attachment III

Base Period of Performance CLIN Description Estimated

Quantity Unit Unit

Price Cost

0001 Medical Expert Services

300 Hours

0002 Travel 4 Trips $15,000

0003 SURGE Medical Expert Services (optional line item)

160 Hours

0004 SURGE Travel (optional line item)

4 Trips $15,000

Total Base Period

1001 Medical Expert Services

300 Hours

1002 Travel 4 Trips $15,000

1003 SURGE Medical Expert Services (optional line item)

160 Hours

1004 SURGE Travel (optional line item)

4 Trips $15,000

Total Option Period 1

2001 Medical Expert Services

300 Hours

2002 Travel 4 Trips $15,000

2003 SURGE Medical Expert Services (optional line item)

160 Hours

2004 SURGE Travel (optional line item)

4 Trips $15,000

Total Option Period 2

3001 Medical Expert Services

300 Hours

3002 Travel 4 Trips $15,000

3003 SURGE Medical Expert Services (optional line item)

160 Hours

3004 SURGE Travel (optional line item)

4 Trips $15,000

Total Option Period 3

4001 Medical Expert Services

300 Hours

4002 Travel 4 Trips $15,000

4003 SURGE Medical Expert Services (optional line item)

160 Hours

4004 SURGE Travel (optional line item)

4 Trips $15,000

Total Option Period 4

Grand Total: _____________

Period Price

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

Grand Total

SECTION I – SUPPLIES OR SERVICE/PRICES

1 CONTRACT TYPE

The Government anticipates awarding a single, Time and Materials (T&M) Contract.

2 PRICING

See Schedule B Attachment.

SECTION II – STATEMENT OF WORK

1 BACKGROUND

The U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL), is responsible for investigating complaints filed pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1, alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials, as well as contractors used by DHS Components. CRCL’s Compliance Branch is responsible for investigating these complaints. CRCL is also charged with overseeing compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by DHS programs and activities.

2 SCOPE

2.1 The purpose of this contract is to obtain one Medical Doctor Subject Matter Expert (SME) to assist CRCL in performing its investigatory and oversight functions. The selected subject matter expert shall primarily assist CRCL in conducting investigations involving medical issues in immigration detention facilities used by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), which shall include preparing reports related to the investigations. CRCL cannot accurately predict the locations nor the number of facilities that may require onsite reviews because it depends on the complaints received. The expert may also be asked to assist CRCL with other CRCL matters related to medical care, including reviews initiated by DHS leadership, consulting with substantive work groups, providing training, and other activities as requested.

2.2 Medical Doctor SME services are required to evaluate complaints received pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1 and also to oversee compliance with constitutional, statutory, regulatory, policy, and other requirements related to civil rights and civil liberties.

In addition to evaluating complaints, the contractor shall provide assistance related to activities that arise within CRCL’s authority, including, but not limited to research, analysis, and/or development of system-wide standards, policies, procedures, and training. Services include, but are not limited to, conducting reviews of DHS facilities, providing training related to their areas of expertise, and other activities and projects related to medical care concerns, as tasked by CRCL, such as participating in work groups, developing or presenting briefings, and preparation of documents. In particular, the experts shall also be required to prepare detailed reports regarding their observations and findings, as well as to provide recommendations based upon applicable correctional standards. CRCL cannot accurately predict the extent of the related activities required because it depends on the complaints received.

3 REQUIREMENTS/TASKS

3.1 The Contractor shall review, evaluate and report on medical issues and advise CRCL on how Department policies and practices impact various issues involving immigration detention facilities.

3.2 The Contractor personnel shall document their findings and recommendations in well written, comprehensive reports for each investigation or assignment. The Contractor personnel shall collaborate with CRCL as necessary to make edits to the written reports in order to fulfill CRCL’s needs, goals, and requirements.

3.3 The Contractor personnel shall provide CRCL with guidance on various violations of civil rights or civil liberties related to medical practices upon request, whether related to a CRCL investigation, or related to a broader CRCL issue or area of work. The Contractor personnel shall provide such guidance, whether planned or ad hoc, by telephone, email, formal report, or in person, as requested by CRCL. The guidance shall include, but not be limited to, discussions and assessments of individual cases, findings from onsite investigations, discussion of policies and practices, and any other relevant information that may arise during the course of an investigation or other aspects of CRCL’s oversight work.

4 CONTRACTOR PERSONNEL

4.1 QUALIFIED PERSONNEL

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

4.2 MINIMUM REQUIREMENTS FOR A MEDICAL DOCTOR CONSULTANT

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

4.2.2 The Contractor shall have at least 10 years of experience providing medical care in an adult detention setting.

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

4.2.4 The Contractor shall have experience investigating, auditing, or otherwise evaluating detention facilities for adherence to applicable standards related to health care programs and systems.

4.2.5 The Contractor shall have experience objectively critiquing the treatment provided by other medical practitioners in a detention setting.

4.2.6 The Contractor shall have experience serving as a subject matter expert providing advice, guidance, or testimony on the operation of medical care programs or systems in a detention setting.

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

4.2.8 The Contractor shall have experience applying the American Correctional Association (ACA) Standards, National Commission on Correctional Health Care (NCCHC) Standards, and other standards related to medical care in a detention setting.

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

4.2.10 The Contractor shall have experience producing written reports that evaluate detention standards, systems, and actions present in detention facilities. This will include analysis of and application of standards and policy.

4.2.11 The Contractor shall demonstrate the ability to produce comprehensive reports that are well-written, clear, and cite relevant resources.

4.2.12 The Contractor shall demonstrate the ability to review large amounts of documentary evidence in short timeframes and provide oral briefings, written reports, and training under tight timelines.

4.2.13 The Contractor personnel must be able to travel to various locations nationwide to perform onsite investigations for several consecutive days, and work efficiently and cooperatively under the direction of CRCL personnel.

4.3 ENHANCING FACTORS

4.3.1 The Contractor has more than the minimum requirement of 10 years of experience providing medical care in an adult detention setting.

4.3.2 The Contractor has experience managing a health care program in a detention or other setting.

4.3.3 The Contractor has demonstrated experience in a variety of types of detention settings and with a variety of populations. The variety could include working with adults and children, working in prisons, jails, or another type of facility, or working with other special populations.

4.3.4 The Contractor has provided medical care in an immigration detention facilities.

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

4.3.6 The Contractor has worked directly with the ICE National Detention Standards (NDS), Performance Based National Detention Standards (PBNDS), or other related policies governing medical care in immigration detention.

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

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

4.4 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

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

The Contracting Officer will provide the Contractor with a written explanation to support any request to end services.

4.5 KEY PERSONNEL

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

4.6 NOTICE REGARDING APPEARANCE OF CONFLICT

The nature of the work under this contract includes circumstances where Contractor personnel will likely investigate allegations and/or complaints pertaining to medical care issues within DHS Components. Contractor personnel either currently providing work for a DHS Component that is the same or similar in scope to the requirement under this contract, or who have provided the same or similar work for a DHS Component in the three years prior to the start of this contract, are not eligible to perform services on this contract in order to prevent the existence or appearance of conflicting roles that might affect a contractor’s judgement.

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

5. POST AWARD MEETING.

The Contractor shall participate in a Post Award Meeting with the Contracting Officer and the COR no later than five (5) business days after the date of award. The purpose of the Post Award Meeting is to discuss the contracting objectives of this contract. The Post Award Meeting will be held at the Government’s facility or via teleconference or conference call.

6. GENERAL REPORTING REQUIREMENTS

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

6.1 PROGRESS REPORTS.

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

6.2 PROGRESS MEETINGS.

The Contractor shall be available to meet with the COR or CRCL POC upon request to present deliverables, discuss progress, exchange information and resolve emergent problems and issues.

These meetings shall take place at the Government’s facility or via telephone or email.

7 INTELLECTUAL PROPERTY.

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

8 PROTECTION OF INFORMATION.

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

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

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

9 GOVERNMENT FURNISHED RESOURCES.

The Contractor will be furnished with Security Sensitive information for review and analysis.

This documentation will be provided to the contractor in person, by mail courier, or by email.

The Contractor shall safeguard this information against unauthorized disclosure or dissemination. Further, the Contractor will be furnished with DHS Laptops.

10 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in this Statement of Work.

SECTION III – DELIVERIES AND PERFORMANCE

1 PERIOD OF PERFORMANCE

The period of performance for work performed under this contract consists of a one-year base period of performance, and four (4) one-year optional periods of performance.

4.0 PLACE OF PERFORMANCE

The primary place of performance shall be the contractor’s office or Contractors remote location.

The Contractor shall also perform work onsite at locations to be determined by CRCL.

5.0 DELIVERABLES AND DELIVERY SCHEDULE

The Contractor shall ensure, and that Government will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws and directives. Written documents shall be concise and clearly written.

Final documentation deliverables shall be provided in hard and soft copy using MS Office applications. Daily, weekly and interim information deliverables and working-copy products may be provided by email or disk, as arranged with the COR.

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

All deliverables shall be submitted to the COR and assigned CRCL POC identified in this contract. A copy of the Monthly Performance Report shall be submitted to the COR and the Contracting Officer.

5.1 Deliverables

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

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

ITEM DELIVERABLE / EVENT DUE BY

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

2 Progress Reports 3 business days following request.

3 Draft Investigative Reports

COR CHECKPOINT Within 10 business days of receipt of assignment or completion of investigative work: Contractor shall submit draft to COR and assigned CRCL POC for review. The Contractor and CRCL will discuss the draft report to ensure its accuracy. CRCL will furnish comments and edits to Contractor who shall be responsible for making changes to the draft.

The COR must be copied on all assignment correspondence.

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

COR CHECKPOINT Due date to be determined by COR and/or assigned CRCL POC and Contractor.

5 Edits to Reports and Documents 5 business days after receipt of government comments.

6.0 GOVERNMENT ACCEPTANCE PERIOD

The COR and assigned CRCL POC will review deliverables prior to acceptance and provide the contractor with an e-mail that conveys acceptance or documented reasons for non-acceptance.

The COR or assigned CRCL POC will have ten (10) business days to review deliverables and provide notification of acceptance or rejection. DRAFT

SECTION IV – CONTRACT ADMINISTRATION DATA

1 KICK-OFF MEETING

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

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

2 CONTRACTING OFFICER

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds and authorize revisions of the terms and conditions of this contract. The Contracting Officer shall authorize any such revision in writing.

The Contracting Officer is: Ms. Janice Brinkley Department of Homeland Security Office of Procurement Operations Telephone: (202) 447-5574 E-Mail: Janice.Brinkley@hq.dhs.gov

The Contract Specialist is: Mr. William Curto Department of Homeland Security Office of Procurement Operations Phone: (202) 447-5664 E-mail: William.Curto@hq.dhs.gov

3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer will designate in writing a Contracting Officer’s Representative (COR) to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms or conditions. The Contractor will receive a copy of the COR Appointment Letter outlining the roles and responsibilities of the COR.

The COR for this contract is: TBD

Note: The COR’s contact information will be provided at contract award.

DRAFT

mailto:janice mailto:William.Curto@hq.dhs.gov

SECTION V - INVOICE AND PAYMENT PROVISIONS

1 INVOICES

Invoices shall be prepared in accordance with FAR Clauses 52.232-7 Payments under Time-and- Materials and Labor-Hour Contracts. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

a) Cover sheet identifying DHS;

b) Contract Number;

c) Modification Number, if any;

d) DUNS Number;

e) Month services provided

f) CLIN and Accounting Classifications

The Contractor shall submit one invoice by the 5th day of each month.

Contract Line Item Number (CLIN) for each billed item:

a) Time and Materials and Labor Hour – Invoices shall be submitted no more than once per month and shall be received no later than the 5th of each month (or as otherwise approved by the COR) following the services provided. The Contractor shall indicate the associated CLIN, dollar amount invoiced, and service completed. All invoices shall include the current amount billed along with a cumulative amount billed and remaining balance.

The Contractor shall submit the invoice electronically to the address below:

E-mail: MGTInvoice.Consolidation@ice.dhs.gov

The Contractor shall simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

a) ATTN: Office of Procurement Operations/Nolan Brown (Contract Specialist)

E-mail: William.Curto@hq.dhs.gov

b) ATTN: Office of Procurement Operations/Janice Brinkley (Contracting Officer)

E-mail: Janice.Brinkley@hq.dhs.gov

c) ATTN: Office of Civil Rights and Civil Liberties /TBD (COR)

E-mail: TBD

DRAFT

mailto:MGTInvoice.Consolidation@ice.dhs.gov mailto:William.Curto@hq.dhs.gov mailto:Janice.Brinkley@hq.dhs.gov mailto:Tanya.Hill@hq.dhs.gov

SECTION VI – SPECIAL CONTRACT REQUIREMENTS

1 CONTRACTOR PERSONNEL SECURITY CLEARANCE REQUIREMENT

All contractor and subcontractor personnel are required to complete a suitability/background investigation with the DHS Office of Security, Personnel Security Division.

The procedures outlined below shall be followed for the DHS Office of Security, Personnel Security Division (PSD) to process suitability/background investigations and suitability determinations, as required, in a timely and efficient manner.

Carefully read the security clauses in the contract. Compliance with the security clauses in the contract is not optional.

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, requiring access to sensitive information, shall undergo a position-sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate suitability/background investigation to be conducted. All suitability/background investigations will be processed through the DHS Office of Security Office/PSD. Prospective Contractor employees shall submit the following completed forms to the DHS Office of Security Office/PSD. The Standard Form (SF) 85P will be completed electronically, through the Office of Personnel Management’s e-QIP SYSTEM.

The completed forms must be given to the DHS Office of Security Office/PSD no less than thirty

(30) days before the start date of the contract or thirty (30) days prior to entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

a) Standard Form (SF) 85P, “Questionnaire for Public Trust Positions”

b) FD Form 258, “Fingerprint Card” (2 copies)

c) DHS Form 11000-6 “Conditional Access To Sensitive But Unclassified Information

Non-Disclosure Agreement”

d) DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act” Only complete packages will be accepted by the DHS Office of Security/PSD. Specific instructions on submission of packages will be provided upon award of the contract.

DHS may, as it deems appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow. A favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to government facilities or information, at any time during the term of the contract. No employee of the Contractor shall be allowed unescorted access to a

Government facility without a favorable EOD decision or suitability determination by the DHS Office of Security/PSD.

Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings and nonrecurring meetings in order to begin transition work.

The DHS Office of Security/PSD shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (COR) all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to whom it was issued and the last known location and disposition of the pass or card.

When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated suitability/background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

2.0 SECURITY OFFICE CONTACT

Office of Security/PSD Customer Service Support Washington, DC 20528 Telephone: (202) 447-5010 E-mailbox: officeofsecurity@hq.dhs.gov

3.0 NON-DISCLOSURE AGREEMENT

The Contractor shall submit an executed Non-Disclosure Agreement (Attachment 1) for each individual performing under this contract. The Contractor shall submit copies of the Non- Disclosure Agreement to the Contracting Officer and COR prior to an individual beginning performance under this contract.

4.0 DISCLOSURE OF INFORMATION

mailto:officeofsecurity@hq.dhs.gov

Information furnished under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when DHS or the Government determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

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

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

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 USC 641.

5.0 NON-PERSONAL SERVICES

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

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

5.1 Employee Identification

Contractor employees visiting Government facilities shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

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

5.2 Employee Conduct

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the DHS. The Project Manager shall ensure Contractor employees understand and abide by DHS established rules, regulations, and policies concerning safety and security.

5.3 Removing Employees for Misconduct or Security Reasons

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

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

6.0 OTHER APPLICABLE CONDITIONS

6.1 Security

Contractor access to unclassified, but Sensitive Security Information (SSI) or Personally Identifiable Information (PII), may be required under this contract. Contractor staff members shall safeguard this information against unauthorized disclosure or dissemination. Contractor staff members are not required to have a security clearance; however, a background investigation and a suitability determination will be conducted on contractor personnel assigned to this contract.

6.1.1 Protection of Information

Contractor access to sensitive but unclassified information is required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified file://hqnas/SHARED/G-A/G-ACS/CAAT%20Team/TOOLBOX/TASK%20ORDER%20TOOLS/MASTER%20CATALOG%20Task%20Order.doc%23Security

(For Official Use Only) Information. The Contractor shall ensure that all Contractor personnel having access to business or procurement-sensitive information sign a non-disclosure agreement (DHS Form 11000-6).

6.1.2 Contractor Employee Access

See Clause: HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS. (SEPT 2012)

6.1.3 Personal Identification Verification (PIV) Credential Compliance Authorities:

HSPD-12 “Policies for a Common Identification Standard for Federal Employees and Contractors”

OMB M-11-11 "Continued Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors"

OMB M-06-16 “Acquisition of Products and Services for Implementation of HSPD-12” NIST FIPS 201 “Personal Identity Verification (PIV) of Federal Employees and Contractors” NIST SP 800-63 “Electronic Authentication Guideline” OMB M-10-15 “FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management”

Procurements for products, systems, services, hardware, or software involving controlled facility or information system shall be PIV-enabled by accepting HSPD-12 PIV credentials as a method of identity verification and authentication.

INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change.

The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor http://www.dhs.gov/dhs-security-and-training-requirements-contractors employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually and the COR will provide notification when a review is required.

(c) Privacy Training Requirements. All Contractor and subcontractor employees that will have access to Personally Identifiable Information (PII) and/or Sensitive PII (SPII) are required to take Privacy at DHS: Protecting Personal Information before accessing PII and/or SPII. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors.

Training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall also complete the training before accessing PII and/or SPII. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Initial training certificates for each Contractor and subcontractor employee shall be provided to the COR not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

DRAFT

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information.