DSO MFQ 15M10225QA4700209.pdf

15M10225QA4700209 Page 1 of 37

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

PAGE OF PAGES

1 37

1. REQUEST NO.

15M10225QA4700209

2. DATE ISSUED

08/01/2025

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

U.S MARSHALS SERVICE

PROCUREMENT APC

Austin Processing Center 903 San Jacinto Blvd, Suite 1210 Austin, TX 78701

5a. ISSUED BY 6. DELIVER BY (Date)

7. DELIVERY

OTHER

(See Schedule)

FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS) a. NAME OF CONSIGNEE

NAME

Kate Oravitz Weeks kathryn.oravitz-weeks@usdoj.gov

TELEPHONE NUMBER

AREA CODE NUMBER

Ext.:

8. TO: POD, CG-3 3rd Floor

USMS Landover Operations Center 3601 Pennsy Drive

b. STREET ADDRESS

c. CITY

a. NAME b. COMPANY

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

07/01/2030 10:00 ET

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

District Security Office fill in block 13 a-f.

Return within three (3) days to USMS at (e-mail):

DSO E-

MAIL:_________________________________

DSO USMS Vendor Code:________________

MISSION CRITICAL: Transporting and producing prisoners for court proceedings Labor Hours

See Continuation Sheet(s)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

0.00 %

b. 20 CALENDAR DAYS (%)

0.00 %

c. 30 CALENDAR DAYS (%)

0.00 %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

0.00 NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Kate Oravitz Weeks

Assistant Chief, Austin Processing Center, Procurement Division

1 August 2025

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 40-hour work week Not to exceed 1920 hours per year

PSC: S206

Line Period of Performance: 10/01/2025 - 09/30/2026

Base Period

Delivery Schedule:

Quantity: 1,920.000000

Place of Performance Address: Prisoner Operations Division POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

1,920 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Above 40-hour work week Not to exceed 200 hours on a yearly basis

PSC: S206

Line Period of Performance: 10/01/2025 - 09/30/2026

Base Period

Quantity: 200.000000

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

200 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 40-hour work week Not to exceed 1920 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2026 - 09/30/2027

Unexercised Option

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

1,920 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

15M10225QA4700209 Page 3 of 37

1002 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2026 - 09/30/2027

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

200 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 40-hour work week Not to exceed 1920 hours per year

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year

PSC: S206

Line Period of Performance: 10/01/2027 - 09/30/2028

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

1,920 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2027 - 09/30/2028

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

200 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

200 HR $________ $_________________

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PSC: S206

Line Period of Performance: 10/01/2028 - 09/30/2029

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2028 - 09/30/2029

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

200 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2029 - 09/30/2030

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

200 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Above 40-hour work week Not to exceed 200 hours on a yearly basis

Cost of living adjustment is at the discretion of the USMS and will be negotiated at time of Option Year.

PSC: S206

Line Period of Performance: 10/01/2029 - 09/30/2030

Unexercised Option

200 HR $________ $_________________

15M10225QA4700209 Page 5 of 37

POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Program Manager

Team Beacon CCFM - DSO-FY25-000004 Team Hope CCFM - DSO-FY25-000005 Team Nick CCFM - DSO-FY25-000006

Statement of Work District Security Officer (DSO)

Statement of Work District Security Officer (DSO)

1. Introduction

This Statement of Work (SOW) sets forth the District Security Officers (DSO) requirements to provide detention service in various contexts in support of the Department of Justice (DOJ), United States Marshals Service (USMS) districts.

This is a personal services contract where the Government will exercise supervision over the DSOs performing the services herein.

2. Period of Performance

Option Year Start Date End Date Base Year 1 OCTOBER 2025 30 SEPTEMBER 2026 Option Year 1 1 OCTOBER 2026 30 SEPTEMBER 2027 Option Year 2 1 OCTOBER 2027 30 SEPTEMBER 2028 Option Year 3 1 OCTOBER 2028 30 SEPTEMBER 2029 Option Year 4 1 OCTOBER 2029 30 SEPTEMBER 2030

1. Place of Performance

All districts of the USMS.

4. Background/Current Environment DSOs engaged under personal services contracts are not employees of the United States Government, the DOJ, or the USMS. The authority and jurisdiction extended to, or provided by, the personal services contract is strictly limited to the period of time the services are directly provided by the DSO to the USMS.

Services performed pursuant to this contract do not entitle the DSO to pensions, health benefits, injury compensation, or other related federal employee benefits and services.

DSOs engaged under personal service contracts are considered employees for the purposes of the Federal Tort Claims Act and personal liability suits, and for the purposes of workers’ compensation under the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq.

District USM/designee may authorize qualified DSOs to carry and use firearms and Less-than-Lethal (LTL) devices.

The authority to carry a concealed weapon is extended to the DSOs to the extent necessary to meet the objectives of this written SOW. No authority is extended to carry a concealed weapon beyond duty assignments.

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When handling prisoners in the courtroom, DSOs will comply with applicable Judicial and Court Security policy directives and district SOPs.

DSOs will not be teamed with other types of contract guards.

5. Scope The DSO shall augment the USMS district staff in the:

Safe and secure custody of USMS prisoners while transporting, guarding, intake processing, and handling USMS prisoners within and between detention facilities, medical facilities(to include 24-hour guarding in hospitals), Justice Prisoner and Alien Transportation System (JPATS) airlift sites, courthouses, federal buildings, and other USMS secured spaces; and

Securing seized, or forfeited property (including entry control, roving patrol, fixed posts, and emergency response).

When transporting prisoners by aircraft:

DSOs must fly unarmed and be accompanied by an operational employee(s) on a commercial aircraft;

whereas

The district USM/designee may approve DSOs to fly armed on a chartered/medevac aircraft.

Professional Conduct. DSOs will adhere to USMS Policy Directive 1.7, Code of Professional Responsibility while on duty.

6. Key Personnel Qualifications Each DSO is identified as key personnel for the USMS. As such, these are the minimum qualifications and shall be provided on Form USM-234, Contract Guard Personal Qualifications Statement, and for active Law Enforcement Officers (LEO), Form USM-601, Contract Guard Affirmation of Work Qualifications:

Experience:

DSO candidates must meet the following experience requirements:

Must be actively employed state, local, or reserve law enforcement officers with arrest authority and a minimum of one (1) year experience; or

Actively employed state, local, or reserve corrections or detention officers with a minimum of one (1) year experience in prisoner handling or detention; or

Former or retired law enforcement, corrections, detention, or military police officers who have not been separated or retired for more than five years prior to contracting with the USMS.

Qualifications:

U.S. Citizenship

21 years of age or older

Hold high school diploma or General Equivalency Development (GED) credential Speak, read, and write the English language Possess a valid U.S. driver’s license

No felony criminal convictions, disqualifying misdemeanor convictions, or derogatory civil records (Lautenberg Amendment). Disqualifying events will be determined by the COR.

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Not currently subject to any court restraining order

Able to clear a Tier 2 background investigation (BI)

Able to demonstrate firearms proficiency that meets USMS standards if position requires the use of firearms Veterans must have an honorable or general discharge

Medical:

Must meet medical standards and physical requirements and classified as medically qualified by a medical professional using Form USM-602, Contract Guard Physical Examination Report. This shall be submitted to the district Contracting Officer’s Representative (COR) every year.

Vaccinations:

Hepatitis B- Must provide medical certification/documentation of a current Hepatitis immunization or a signed waiver indicating the DSO assumes the risks and releases, holds harmless, and indemnifies the USMS employees and agents. This shall be submitted to the district COR.

Tuberculin (TB) skin test or a signed waiver indicating the DSO assumes the risks and releases, holds harmless, and indemnifies the USMS employees and agents. This shall be completed and submitted annually to the district COR.

DSO contract shall be modified should any federal mandate with respect to requiring vaccinations as it could impose obligations with safety measures in the contractor’s workplace. The Government reserves the right to terminate the contract if the contractor does not comply.

7. Security Pre-screening – Key Personnel Qualifications:

Review of USM-234, and USM-602 if applicable.

Interview:

Conducted at the district level.

Background Investigation:

Complete Form OF-306

Complete eApp through NBIS and fingerprinting once prompted by the Office of Security Programs

A DSO may not start work until the BI is favorably adjudicated or a BI waiver is provided by the Operational Support Division (OSD).

Identification

The district shall provide DSOs with Form USM-230A, Contract Guard Identification Card and/or a physical access card in accordance with (IAW) local SOPs.

DSOs will be escorted while in USMS-controlled space unless they have a current background investigation or a waiver that has been favorably adjudicated by the OSD. After the district receives a favorable determination through either a completed investigation or waiver, the district may issue a physical access card to the DSO based on their internal policies.

DSOs must be cleared by OSD and have a Homeland Security Presidential Directive 12 (HSPD-12) Government Identification Card (Smart Card/PIV Card) before they can have access to federally controlled information systems (e.g., JDIS, JABS).

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8. Personal Security All DSO personnel performing under this contract are designated as moderate risk and shall be subject to a Tier 2 BI. The DSO shall submit a completed USM-234, OF-306 (Declaration for Federal Employment), and an active email address to the district COR to initiate a Tier 2 BI. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat or unacceptable risk to the USMS due to past unlawful/inappropriate behavior or any issues which negatively affect his/her fitness to work for, or on behalf of, the USMS.

The district COR is responsible for personnel requirements for DSOs who have access to USMS equipment and information as outlined in Appendix A - Personnel and Property Contractor Compliance Requirements.

After completion of the BI, the Government will review the results and determine if the individual is fit to perform work for, or on behalf of, the USMS. A DSO may not start work until the BI is favorably adjudicated or a OSD waiver is provided.

When an individual has been the subject of a prior background investigation conducted by another Federal Agency and meets the standards prescribed by the current position designation and other reciprocity guidance, approval may be granted based on reciprocity.

The Government reserves the right to reject any individual proposed to work under this contract if any derogatory information is discovered during or after the BI. The Government also reserves the right to reinvestigate any individual working under this contract, as deemed necessary.

The DSO shall immediately notify the district COR of plans to resign or retire. In addition, the DSO is required to self-report to the USMS all criminal activities and/or law enforcement actions involving any employees previously cleared to perform service under this contract within 48 hours of preliminary disclosure.

1. Tasks needed to Accomplish the Objectives

1. Training

DSOs will complete respective district orientation and training prior to providing services. At a minimum, this training includes:

Applicable USMS policies and Standard Operating Procedures (SOP) LearnUSMS training courses Any other annual refresher training for certification

9.2. Firearms

The district USM/designee may authorize DSOs to carry and use firearms. All firearms used by DSOs must meet the authorized weapons requirements listed in USMS Policy Directive 14.11, Firearms.

If the DSO is using a LEA-issued firearm(s), then the LEA must provide a qualification record pursuant to their parent agency standards and record the qualification on Form USM-601 annually. The form must be certified by the district’s firearms instructor prior to employment.

If the DSO is using a USMS-issued or personally owned firearm(s), then a USMS firearms instructor must qualify the DSO in accordance with USMS Policy Directive 14.11, Firearms and record the qualification on Form USM-333X, Weapon Qualification and Proficiency Record for Non-DUSM annually.

DSO will properly secure firearms in a safe place to prevent theft, tampering, or misuse when not being carried.

DSO will return all USMS-issued firearms to the USMS at the end of each tour of duty unless authorized (in writing) by the district USM/designee.

9.3. Less-than-Lethal (LTL)

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If armed, DSOs must carry at least one LTL device. All LTL devices used by DSOs must meet the authorized devices requirements listed in USMS Policy Directive 14.16, Less-than-Lethal Devices.

If the DSO is using a LEA-issued LTL device(s), then the LEA must provide a qualification record pursuant to their parent agency standards and record the qualification on Form USM-601 annually. The form must be certified by the district’s LTL instructor prior to employment.

If the DSO is using a USMS-issued or personally owned LTL device(s), then a USMS LTL instructor must qualify the DSO in accordance with USMS Policy Directive 14.16, Less-than-Lethal Devices and record the qualification on Form USM-333L, Less-Than-Lethal Devices Record-Authorization to Carry annually.

DSOs will properly secure LTL devices in a safe place to prevent theft, tampering, or misuse when not be carried.

DSOs will return all USMS-issued LTL devices to the USMS at the end of each tour of duty unless authorized (in writing) by the district USM/designee.

9.4. Prisoner Handling

DSOs with a HSPD-12 PIV card may be tasked to process prisoners using USMS booking and tracking systems.

DSOs will handle prisoners IAW applicable USMS Policy Directives, SOPs, Post Orders, and training to include:

Verifying prisoner identities and special handling conditions using the following forms or other district equivalent documentation:

USM-129: Individual Custody/Detention Report USM-130: Prisoner Custody Alert Notification

Ensuring prisoners under their charge do not have visitors or outside contacts, to include but not limited make/receive telephone calls, use any other electronic means of communication, unless approved by USMS.

Ensuring prisoners under their charge do not receive money and/or commodities, parcels, packages, mail, and/or correspondence. The DSO will immediately notify USMS of such items and provide these items to USMS at the earliest opportunity.

Maintaining continuous observation of prisoners. In the event of an escape or attempted escape, the DSO must notify the district USM/designee IMMEDIATELY.

Conducting vehicle inspections before and after trips.

Applying and removing restraints and maintaining daily inventory of restraints.

Screening and distributing prisoner meals.

Securing of prisoners while boarding, transporting, and disembarking from vehicles and aircraft. Securing and processing of prisoners in the cellblock, courtroom, and during judicial proceedings.

Securing and transporting of prisoners to and from medical facilities/appointments or while hospitalized for medical treatment.

Inspecting emergency and evacuation equipment.

Observing and monitoring prisoners in-person and via CCTV. Handling of prisoner property.

Searching prisoners.

Searching and securing cellblocks.

Securing seized assets as specified by the USMS.

9.5. Reporting

DSOs may be asked to prepare written reports when there is an incident on-duty. The DSO will forward these reports to the district COR.

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DSO will self-report to the district COR any off-duty incidents to include, but not limited to, arrests, convictions, adverse civil judgments, administrative disciplinary actions, official written reprimands and/or suspension.

9.6. Quality Assurance

The district COR shall evaluate the DSO performance using Form USM-603, Contract Guard Evaluation, at a minimum of least once at the end of every contract year.

Areas of performance shall include, but not be limited to

Reviews will be done on a more frequent basis if performance is found to be unacceptable. The review will document any significant and relevant problems or areas needing improvement.

Evaluations that cannot be completed due to a lack of cooperation from the DSO will result in an Unacceptable rating, which can result in contract termination.

DSOs must return all USMS-issued equipment/property to include any badging to the district COR prior to termination of the contract. Any/all expense(s) incurred in returning the equipment shall be paid by the terminated DSO.

Termination shall be IAW the terms and conditions shall be the convenience of the Government and IAW the Federal Acquisition Regulation (FAR).

9.7. Government Furnished Equipment/

Information (GFE/GFI)

The Government will provide equipment, supplies, facilities, transportation vehicles, and in some instances firearms and LTL devices necessary to perform duties as defined in this SOW.

The Government shall provide the DSO with applicable documents (e.g., Policies, SOPs, Post Orders), forms, and training materials upon contract award.

DSOs will maintain proper care, custody, and accountability of issued government property pursuant to applicable USMS Policy Directive 7.1, Management of Personal Property and USMS Policy Directive 14.11, Firearms.

With the exception of firearms, LTL devices, and ballistic resistance protection materials, accountable USMS property will be issued IAW USMS Policy Directive 7.1, Management of Personal Property and will be returned to USMS custody at the end or termination of the DSO contract unless otherwise authorized by the district USM/designee.

All Government issued firearms, LTL devices, and ballistic resistance protection materials will be issued IAW USMS Policy Directive 7.1, Management of Personal Property but will be returned to USMS custody at the end of the shift unless otherwise authorized by the district USM/designee.

Lost, stolen, or damage USMS and/or government property or identification will be immediately reported to the COR pursuant to applicable USMS Policy Directive 7.1, Management of Personal Property.

9.8. Contractor Furnished Equipment/

Information (GFE/GFI)

The Government shall identify the appropriate uniform for the DSO. The DSO shall comply with the duty uniform.

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9.9. Other Pertinent Information/Special

Considerations

Travel

DSOs may be required to travel to include, but not limited to overnight stays and offsite missions. Travel is IAW the Federal Travel Regulation.

Type of Contract

This is a labor hours contract and IAW FAR 12.207, the ceiling price for the labor hours are:

40-hour work week – not to exceed 1920 hours on a yearly basis (exceeding the ceiling is at the DSO’s own risk).

Above 40-hour work week – not to exceed 200 hours of overtime on a yearly basis (exceeding the ceiling is at the DSO’s own risk). The DSO must obtain written pre-approval for any hours worked above a 40-hour work week.

The Service Contract Act (SCA) does not apply to personal service contracts (PSC), and the DSOs shall not receive benefits required by the SCA.

Under the Department of Labor (DOL), Fair Labor Standards Action (FLSA), there is no payment for time not worked, such as vacations, sick leave, or holidays (Federal or others). The benefits agreed upon are ONLY the 40-hour work week, above 40-hour week pay, and any items identified by this SOW.

Timekeeping and Payment The official timekeeping system is webTA for payment purposes. ONLY official webTA timekeepers will enter DSO hours into webTA. DSOs shall not enter their own time or have access to webTA. DSOs shall use Form USM-606, Contract Guard Bi-Weekly Time Report, to report their hours worked to official webTA timekeeper/designee. Services provided will be rounded to the nearest quarter hour.

DSOs will be reimbursed for actual hours worked (from the time the DSO reports for duty until the time the DSO is released from duty). Travel time to for reporting to the duty location is not reimbursed.

DSOs will be reimbursed at the hourly negotiated rate for this labor hours contract, subject only to withholding of federal and state taxes as required by 26 U.S. Code § 3402(a).

Services provided will be rounded to the nearest quarter hour.

Duty Location DSOs can support more than one district. The primary district is the district the DSO has the first contract with. The secondary district is the district that wants to share the DSO.

The primary district must agree that DSOs can support the secondary district through COR approval. The only authorized person to enter the shared DSO’s hours in webTA is the primary district.

A new contract shall be issued to the DSO supporting the secondary district with the primary district’s hourly rate.

The hourly rate of the DSO is the primary district.

Appendix D: DSO District Sharing Agreement in this SOW is the formal approval of the primary and secondary district agreement to share the DSO.

Duty Hours Contracted hours are be scheduled on an "on call/as needed" basis.

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DSO shall not leave an assignment without notifying the district USM designee, including for meals or rest breaks.

DSO will not visit the duty site during non-duty hours unless authorized to do so by the district USM/designee.

District management will determine if a DSO is able to safely perform duties for the USMS on those occasions when the DSO has also worked a shift or specified hours with a local agency (e.g., working a double-shift).

9.10. Appendix A: Personnel and Property

Contractor Compliance Requirement Appendix A - Personnel and Property Contractor Compliance Requirements shall apply to all Contractors and sub- contractors providing services for performance delivery. Sites maintained by the TO Contractor where work is performed for the Government must meet the minimum federal compliance standards. The Government reserves the right to request an inspection of compliance.

Protection of Property Contractor’s Responsibility - If due to the default, negligence (whether of action or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor’s performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government at its option, may, in lieu of payment, therefore, require the Contractor to replace at its own expense, all property lost or damaged. Protection - The Contractor shall protect materials in his/her custody against the transportation, fire, theft, weather, and other hazards avoidance in the exercise of the “highest degree of care.”

Indemnification Responsibility for Government-owned or -leased Property and Equipment during contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government owned or -leased property caused by such negligent acts or omissions.

Responsibility for Contractor or Third Party-owned or -leased Property and Equipment.

The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government. Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

Safeguarding Sensitive Data and Information Technology IAW FAR 39.105, this section applies to all users of sensitive data and IT resources, including awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

The following USMS policies must be followed. These policies can be found at http://www.usmarshals.gov/foia/ directives/information_technology.pdf

DOJ 2421.1E, Use of Government Telecommunications Systems DOJ Order 0904, Information Technology Security, Sep 15, 2016 DOJ 2880.1B, Information Resources Management Program DOJ Order 2740.1A, Use and Monitoring of DOJ Computers and Computer Systems DOJ Order 2420.2, Telecommunications Policy and Guidelines USMS Directive 1.1 Delegation of Authority, Organization and Functions Personal Information on DOJ Web Sites, May 2, 2006 DOJ Web Content Guidelines and Suggested Practices, May 10, 1999 DOJ Information Technology, Security Staff (ITSS) Standards, as amended DOJ Order 2600.2C, Security Programs and Responsibilities DOJ Security Program Operating Manual (SPOM)

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DOJ Order 2610.2A, Employment Security Regulations

DOJ Security and Privacy Assessment and Authorization Handbook v9 (2018), as amended

Department of Justice Information Technology (IT) Security Rules of Behavior (ROB) for General Users (2018), as amended

Department of Justice Information Technology (IT) Security Rules of Behavior (ROB) for Privileged Users (2018), as amended

In addition to the above, a DOJ USMS Non-Disclosure and Confidentiality Agreement (Appendix B) is inclusive of this SOW. As directed by the Government, annual rules of behavior shall be signed, account recertification, asset inventory, and Cyber training shall be required and completed by all contract support staff providing services on this contract.

Confidential Information All information received by the Contractor as a result of performance of this contract is confidential and subject to the Privacy Act. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall not disclose this information, or any information obtained as the result of its performance of this contract, to any person or entity, other than employees or bona fide Contractors of the USMS, without the prior written approval of the USMS.

The Contractor and Contractor personnel shall not disclose this information to any person or entity or otherwise make any improper use of this information during or after the performance period of this contract. The Contractor and Contractor personnel shall maintain this information in strict confidence and shall make no changes to the information except as necessary in the performance of the contract. The Contractor and Contractor personnel and their successors are prohibited forever from using this information for their personal or business gain, personally or for any other reason, directly or indirectly, without prior written approval from GPO. This provision, or a provision with an identical effect, shall also be placed in any subcontracts.

OSHA

The Contractor is solely responsible for compliance with all federal, state and local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable, and the protection of their employees. Additionally, the Contractor is responsible for the safety and health of all subcontractor employees.

Department Policy on Domestic Violence, Sexual Assault, and Stalking It is the Department’s policy to enhance workplace awareness of and safety for victims of domestic violence, sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Policy Statement), available in full for public viewing at http://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplace-responses-to-domesticviolence-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor’s employees and employees of subcontractors who will be assigned to work on Department premises.

Point of Contact for victims of Domestic Violence, Sexual Assault, and Stalking. Upon contract award, the Department will notify contractor of the name and contact information for the Point of Contact for Victims of domestic violence, sexual assault, and stalking for the component or components where Contractor will be performing.

Contractor agrees to inform its employees and employees of subcontractors who will be assigned to work on Department premises of the name and contact information for the Victim Point of Contact.

Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) (IAW sections 543 and 544 of Title V, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, 15M10225QA4700209 Page 14 of 37 or cooperative agreement with a corporation convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

With an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

By accepting this award or order, in writing or by performance, the offeror/contractor represents that the offeror/ contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and the offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Liability Includes, but is not limited to: services necessary to the installation systems (from design through start-up), maintain the system (including maintenance agreements), training, and travel.

The prime contractor shall be responsible, accountable and liable for all work performed, including work performed by subcontractors (at all tiers), and for ensuring the work performed is completed IAW the statement of work.

The prime contractor and subcontractors shall be licensed and bonded.

The prime contractor shall be responsible for insuring that the scope of work is completed and all warranties are honored. The prime contractor shall insure compliance with all local laws, regulations, and ordinances.

The Government reserves the right to apply liquidated damages whenever the required delivery date is not met.

Publicity Contractor shall not make publicity releases, including media interviews, in connection with this contract unless prior written approval has been received from the CO.

Freedom of Information Act (FOIA) Requests With respect to a Freedom of Information Act (FOIA) request for any part of the contractor’s proposal that is either set forth or incorporated by reference in this task order, before responding to the FOIA requests the Government will afford the contractor an opportunity to explain why it believes some or all of the relevant parts of the proposal may be exempt from release under the FOIA.

Contract Personnel Security Requirements The contractor and all subcontractors must maintain the required background investigations and site clearance levels required throughout the life of the contract. The contractor shall comply with all security requirements. Security clearance levels may range from Public Trust to Top Secret (TS) with Sensitive Compartmented Information (SCI) levels.

The Government requires that contract personnel obtain and maintain a DOJ security clearance to perform work where access to data or systems is involved. It is the expectation of the Government that the contractor has performed the requisite background checks to ensure that the individuals submitted by the contractor can be successfully adjudicated by the Department.

Security paperwork for proposed personnel shall be submitted upon award to initiate the clearance process. The following issues will require extended security processing time and shall be avoided by the contractor so that contract personnel onboarding will not be delayed: Past due/unpaid loans (student debt, mortgages, credit cards); unpaid IRS taxes/back taxes; arrests; bankruptcies; fired from a job; reporting drug use; and a previously revoked clearance.

Contractor personnel must present two original forms of identification prior to badge issuance. Acceptable documents are listed in Form I-9, OMB No. 1615-0047, “Employment Eligibility Verification.” At least one document must be a valid State of Federal issued photo identification.

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Contractor personnel must appear in person at least once before a USMS official who is responsible for verifying the identification documents. This verification must be completed prior to issuance of a badge.

Contractor personnel must possess a current, favorably adjudicated Background Investigation (BI) commensurate with the designated risk level associated with the duties of each position. The BI requirements for each risk level are outlined below:

National Security Positions: Single Scope Background Investigation (SSBI); 5-year scope High Risk: Background Investigation (BI); 5-year scope Moderate Risk: Limited background Investigation (LBI) and/or Minimum Background Investigation (MBI). Low Risk: National Agency Check with Inquiries (NACI) The risk associated with this contract is categorized Low Risk; therefore, all contractors must possess either a NACI or higher-level BI prior to commencing duties at USMS.

Pre-appointment BI waiver requirements for all positions, regardless of sensitivity are: Favorable review of the security questionnaire Favorable fingerprint results

Favorable credit report Waiver request memorandum including both the Office of Personnel Management interview schedule date and position risk level Favorable review of the National Agency Check portion of the BI Badge re-validation will occur once the BI has been completed and favorably adjudicated. If the BI results justify, the badge issued under waiver request will be suspended or revoked.

9.11. Appendix B: Information Technology

Division Non-Disclosure Agreement

This Non-Disclosure/Confidentiality Agreement is a standard agreement designed for use its employees and subcontractors assigned to work as DSO for the DOJ, USMS. The use of this agreement is designed to protect non- public information from disclosure and to prevent violations of federal statutes and regulations.

The contract and the employees working on the contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4705, 41 U.S.C. 4712, and FAR 3.908. During your assignment, you agree to:

Use only for Government purposes any and all confidential business, procurement, and/or other sensitive information to which you are given direct or indirect access.

Not to disclose non-public information by any means (in whole or in part, alone or in combination with other information, directly or indirectly or derivatively) to any person except to a COR, CO, or other U.S. Government official with a need to know. All distribution of information will be controlled by the CO.

The signatory will not disclose any classified information received in the course of such intelligence or intelligence-related activity unless specifically authorized to do so by the United States Government; and

This NDA does not bar disclosures to Congress. Or to an authorized office of an executive agency or the Department of Justice, which are essential to report a substantial violation of law.

Except as necessary in the performance of your work assignment, you will not, without the written approval of the COR, CO or USMS Manager:

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Disseminate any oral, written or electronic information which constitutes non-public information covered under this Agreement, and that is obtained as a result of the accomplishment of work performed under the aforementioned contract/ task order; or, Remove any documents or electronic media containing non-public information under this Agreement from the place of your work assignment.

Non-public information, as used herein, includes trade secrets, confidential or proprietary business information as defined under the Freedom of Information Act, 5 U.S.C. 552, procurement and any other proprietary information in any form, whether drawings, designs, schedules, plans, studies, software, prototypes, samples, or formulas, whether by verbal, electronic or written communication.

Not to use no-public information for any non-governmental purpose including but not limited to: the preparation of bids and proposals, or the development or execution of other business or commercial venture.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights or liabilities created by existing statues or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into the agreement and are controlling.

9.12. Appendix C: Department of Justice (DOJ)

Cybersecurity and Privacy Rules of Behavior (ROB) for General Users Version 12 January 1, Introduction

These Rules of Behavior (ROB) for General Users pertain to the use, security, and acceptable level of risk for Department of Justice (DOJ) systems and applications. Each DOJ user is responsible for helping to ensure the security and privacy of DOJ information systems and data. As a user of the DOJ information systems and data, each user serves as the first line of defense in support of DOJ’s cyber security protections and enforcement of appropriate privacy protections of Personally Identifiable Information (PII).

The intent of this ROB is to acknowledge receipt and understanding by DOJ users of applicable cybersecurity requirements and responsibilities (as detailed in Federal and DOJ policies and procedures). These requirements include, but are not limited to, the Office of Management and Budget (OMB) Circular A-130, OMB M-17-12, OMB M-16-24, the Privacy Act of 1974, DOJ Order 0904 Cybersecurity Program, DOJ Order 0601 Privacy and Civil Liberties, DOJ Order 2740.1 (series), and the DOJ Cybersecurity Standard.

Who is covered by these rules?

These rules apply to all personnel (government employees, interns, and contractors) who have logical access to DOJ information on DOJ information systems or provide information services to DOJ — hereafter referred to as users. All users are required to review and provide signature or electronic verification acknowledging compliance with these rules to their respective Component cybersecurity representative.

When authorized, users may obtain limited exemptions from particular terms of these ROB for specific occurrences when necessary for performance of official duties. These individual exemption requests must document why a particular rule prevents or hinders mission operations. The information system Authorizing Official (AO) has the ability to issue an exemption if the accepted risk(s) and justification are appropriate, substantiated and documented.1

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In addition to this ROB, users with escalated privileges on an information system (e.g., administrator) must also agree to and provide signature or electronic verification acknowledging compliance for the Privileged User ROB.

Users will be held responsible for compromising Government information through negligence or willful acts. Users must use caution and follow all statutory and regulatory access, use, maintenance, and disclosure restrictions, as well as adhere to Department and Component level policies regarding the exchange of access-restricted information such as taxpayer, personally identifiable, controlled unclassified, and grand jury information. Failure to comply with the rules and responsibilities listed in this ROB may result in appropriate sanctions, including but not limited to:

remedial training; loss of access to information; loss of a security clearance; verbal or written warning; termination of employment; or civil or criminal prosecution.

User Responsibilities - General Comply with all Federal laws and Department and Component policies and requirements, including DOJ Orders, Policy Statements, and Standards. Use DOJ information and information systems for lawful, official use, and authorized purposes only.

Ensure individuals have the proper clearance, authorization, and need-to-know before providing access to any DOJ information.

Read and accept the DOJ security warning banner that appears prior to logging onto the system or mobile device.

Acknowledgment of this ROB also indicates consent to monitoring, recording, and collection of data on all DOJ devices for law enforcement purposes.

Consent to the monitoring and search of any IT equipment brought into, networked to, or removed from DOJ owned, controlled, or leased facilities consistent with employee and contractor consent obtained through logon banners and DOJ policies.

Screen-lock or log off and remove the personal identity verification (PIV) card from your computer when leaving the work area.

Always keep your PIV card secure. When not in use for authentication and when away from the work area, keep your PIV card on your person and out of sight.

Do not generate, view, download, store, copy, or transmit offensive or inappropriate information in any DOJ medium, to include email messages, documents, images, videos, and sound files (e.g., graphic violence, pornography, hateful language, etc.), unless authorized for official purposes.

Do not access continuous data streams such as viewing streaming video or listening to streaming audio/radio on a website (e.g., YouTube, Netflix, Spotify) on Department computers and computer systems during working or nonworking hours, unless authorized for official purposes.

Adhere to Separation of Duties principles. Avoid conflict of interest in responsibilities, roles, and functions within a system or application (e.g., duties of the System Administrator and Database Administrator should not be combined).

Do not use anonymizer sites on the internet and bypass the Department security mechanisms designed to protect systems from malicious internet sites unless authorized for official purposes.

Do not use Peer-to-Peer (P2P) technology (e.g., BitTorrent) on the internet unless the Department’s Chief Information Officer (CIO)/designee approves a waiver from the Department policy.

Do not post Department information on cloud-based services unless approved by the Component CIO/designee.

Do not use cloud-based services that have not been approved for use by the Department (e.g., Dropbox, iCloud, Google Drive/Docs); use the Department's approved file sharing solutions ( e.g., Justice Enterprise File Sharing)

Do not post Department official business information on public websites or social media unless IAW applicable Departmental and Component level policies and explicitly authorized for your official duties (e.g., Public Affairs Office).

Do not post information on social media or public websites which allows unauthorized users to infer or obtain non-public information (e.g., system account information, sensitive personally identifiable information (PII), project status, etc.).

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Upload only the user’s picture as a profile picture in Outlook. User’s picture must be in a professional pose from the shoulders up with the U.S. flag or a neutral background.

Protect and safeguard all DOJ information commensurate with the sensitivity and value of the data at risk, including encrypting all sensitive PII (as defined below) before sending to third parties outside of DOJ.

Protect and safeguard all DOJ information and information systems from unauthorized access; unauthorized or inadvertent modification, disclosure, damage, destruction, loss, theft, denial of service; and improper sanitization or use.

Ensure that all DOJ data on…