DTS_RFP_HSCECR-15-R-00001_Amendment_1.pdf

(x)

HSCECR-15-R-00001

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20536

ICE/DCR

801 I Street NW, suite 930 Office of Acquisition Management Immigration and Customs Enforcement ICE/Detention Compliance & Removals

WASHINGTON DC 20536

ICE/DCR

801 I Street, NW Suite 930 Office of Acquisition Management Immigration and Customs Enforcement ICE/Detention Compliance & Removals

05/22/2015000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/06/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purposes of Amendment 1 are as follows:

1. Revise the due date for proposals submittals to June 16, 2015 by 1pm EST. The second round of questions due by May 27, 2015 by 3pm EST.

2. Provide Questions and Answers

3. Revise the following documents:

a. RFP HSCECR-15-R-00001

b. Attachment A - Pricing Spreadsheet

c. Attachment B - List of Facilities

d. Attachment C - SOO

e. Attachment F - Electronic Deposit and Transaction Fees

All revisions to the above documents are in Red font. Any document not listed above remain

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Shannon M. Ely

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 72

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSCECR-15-R-00001/000001

applicable.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

HSCECR-15-R-00001

Amendment 1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The offeror shall propose fixed-price rates using the Rate Spreadsheet provided as Attachment A under Section J. The rates proposed will become part of the contract awarded, and the provider will be required to charge those rates (or lower rates) for the entire term of this contract.

Amendment 1

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Offerors shall perform in accordance with the contractor’s proposed Performance Work Statement

(PWS) that complies with the services outlined in Attachment C, Statement of Objectives, under

Section J, and the contractor's proposal submitted in response to this Request for Proposal (RFP).

SECTION D - PACKAGING AND MARKING

D.1 Packaging and Marking

All information and/or correspondence submitted to the Contracting Officer (CO) or the

Contracting Officer’s Representative (COR) shall be clearly marked and indicate the contract number.

D.2 Report Cover Sheet

Each report submitted by the Contractor shall have a cover sheet containing the following information:

1. Name and Address of the COR

2. Contract Number

3. Name and Address of the Contractor

4. Title of Report

5. Report Number and Type

6. Period Covered by the Report

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if it were given in full text. Upon request, the Contracting Officer shall make its full text available.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil .

Clause No. Title Date

52.246-2 Inspection of Supplies - Fixed Price Aug 1996

52.246-4 Inspection of Services - Fixed Price Aug 1996 http://farsite.hill.af.mil/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Term of Contract

The initial term of this contract shall be for a 12-month base period with four (4) one-year option periods. The entire contract term including options shall not exceed 60 months (five years) in duration.

F.2 Period of Performance

The estimated period of performance of this contract is as follows:

Base Period - July 13, 2015 through July 12, 2016

Option Year 1 - July 13, 2016 through July 12, 2017

Option Year 2 - July 13, 2017 through July 12, 2018

Option Year 3 - July 13, 2018 through July 12, 2019

Option Year 4 - July 13, 2019 through July 12, 2020

F.3 Place of Performance

Work shall be performed (service shall be provided) at the sites listed in the Authorized List of

Facilities, provided as Attachment B under Section J, dated August 7, 2014. This list is subject to change at any time.

F.4 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the

Contractor, or within any extension of that period to which the parties shall have agreed, the

Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer's Authority

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

In the event the Contractor effects any change at the direction of any person other than the

Contracting Officer, including any change beyond the scope of authority given to the duly authorized Contracting Officer's Representative identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract cost to cover any increase in charges incurred as a result thereof. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

The Contracting Officer may execute contract modifications de-obligating unexpended DHS/ICE dollar balances considered excess to known contracting requirements.

G.2 Contracting Officer's Representative (COR) Designation and Authority:

The COR will act as the Contracting Officer's representative for technical matters, providing technical direction and discussion, as necessary, with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not an

Administrative Contracting Officer and does not have authority to direct the accomplishment of effort which is beyond the scope of the contract.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract, or until the issue has been otherwise resolved.

G.3 Payment Terms

The Government will not be responsible for any payments or costs incurred by the offeror under this contract. Revenue generated from collect calling, debit and pre-paid debit at Primary

Facilities, and Tertiary Facilities will be the sole source of revenue to the awardee. The

Government shall not be responsible for any costs or payments incurred by the offeror.

G.4 Notification of Post Award Conference

Within 10 days of the contract award, a Post Award Conference will be held by the Contracting

Officer at a designated location to be determined. Attendees from the Government will include the

Contracting Officer, the Contract Administrator, the COR, and any supporting staff considered necessary for effective contract performance. A representative(s) of the Contractor familiar with and responsible for both technical and contractual requirements will be required. The Contractor will be notified, by phone, regarding the exact time and location of the meeting

G.5 Organizational Conflicts of Interest

The Contractor warrants that, to the best of his knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in Federal

Acquisition Regulation 9.5, or that the offeror has disclosed all such relevant information.

The Contractor agrees that if an actual or potential conflict of interest is discovered after award, the offeror will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflicts.

G.6 Advertisements, Publicizing Awards, and News Releases

All press releases or announcements about agency programs, projects, and contract awards need to be cleared by the Program Office and the Contracting Officer. Under no circumstances shall the

Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program

Office and the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

Remedies: The Government may terminate the contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it, or misrepresented relevant information to the

Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue other such remedies as may be permitted by law or this contract.

G.7 Reports

The contractor shall prepare and submit the required reports as listed in the SOO.

Management reports shall be submitted via the on-line database in a Microsoft Office (Word or

Excel) format on a monthly basis to the COR and the Contracting Officer. Management reports include the following reports as discussed in the SOO: Revenue Report; Data Report; Refund

Report; and Maintenance Report. The reports shall cover the information required by the SOO.

The following Deliverable Investigative Reports required by the SOO in Section C.4.9 shall be provided via the on-line database and be available in real-time: Authorized Users Report;

Comprehensive Outgoing Call Report; Duplicate Number Report; International Call Report; and

Alert Level Report. The two Deliverable Investigative Reports, Trouble Ticket/Repair Time

Report and Ad Hoc Reports, shall be submitted via an electronic copy or "hard copy" (as determined by the COR) in accordance with the requirements stated in the SOO.

Other reports discussed in the SOO shall be available via the on-line database and be available in real-time.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type

This is a firm fixed price contract.

H.2 Notifications of Award

Notifications and/or press releases of this contract award shall not be made by the Contractor or representative without the written approval of the contracting officer.

H.3 Supervision of Contractor's Employees

Personnel assigned to renders services under this contract shall at all times be employees of the

Contractor and under the direction and control of the Contractor. Notwithstanding any other provisions of this contract, the Contractor shall be responsible for the supervision of its employees in the performance of the services required hereunder. During all times on Government premises, the Contractor's personnel shall comply with rules and regulations governing conduct of personnel and operation of the facility.

H.4 Audits

The Contractor is also notified that activities, functions, and reports either directly or indirectly in support of this contract are subject to both scheduled and unscheduled audits by both officials of the DHS and representatives of the Government Accountability Office.

H.5 ICE Security Requirements

H.5.1 General

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in the solicitation, requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the

Contractor will adhere to the following.

H.5.2 Preliminary Determination

ICE will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract.

No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU).

No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU.

Contract employees are processed under the DHS Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security

Requirement – Contractor Pre-Screening paragraph located in this contract, if HSAR clauses

3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources;

and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

H.5.3 Background Investigations

Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing 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 background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit.

Prospective Contractor employees shall submit the following completed forms to the Personnel

Security Unit through the Contracting Offices Representative (COR), no less than 35 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form 85P “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (Original and One Copy)

2. Three signed eQip Signature forms: Signature Page, Release of Information and Release of

Medical Information (Originals and One Copy)

3. Two FD Form 258, “Fingerprint Card”

4. Foreign National Relatives or Associates Statement (Original and One Copy)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (Original and One Copy)

6. Optional Form 306 Declaration for Federal Employment (applies to contractors as well)

Original and One Copy)

Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity.

An adequate and current investigation is one where the investigation is not more than five years old and the subject has not had a break in service of more than two years.

Required forms will be provided by ICE at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract.

Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information.

The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system.

H.5.4 Transfers from Other DHS Contracts

Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation.

Transfers will be submitted on the COR Transfer Form which will be provided by the Dallas PSU

Office along with other forms and instructions.

H.5.5 Continued Eligibility

If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract.

The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists.

The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

ICE reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract.

H.5.6 Required Reports

The Contractor will notify OPR-PSU of all terminations/ resignations within five days of occurrence. The Contractor will return any expired ICE issued identification cards and building passes, or those of terminated employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation) . The list shall include the Name, Position and SSN (Last

Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

Submit reports to the email address psu-industrial-security@ice.dhs.gov

H.5.7 Employment Eligibility

The contractor will agree that each employee working on this contract will successfully pass the

DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization.

The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification

Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social

Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees.

The Contractor must agree that each employee working on this contract will have a Social Security

Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any

Subcontractor(s) and their employees.

Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

H.5.8 Security Management

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the

Contractor.

The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements.

The following computer security requirements apply to both Department of Homeland Security

(DHS) U.S. Immigration and Customs Enforcement (ICE) operations and to the former

Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department.

H.5.9 Information Technology

When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in

DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated 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).

H.5.10 Information Technology Security Training Oversight

All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS.

Contractors who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security.

All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information

System Security Officer (ISSO).

H.6 PRIVACY REQUIREMENTS

H.6.1 Definitions

“Breach,” as used in this clause, means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to

Personally Identifiable Information, in usable form whether physical or electronic. “Breach” may be used interchangeably with “Privacy Incident’.

“Personally Identifiable Information (PII),” as used in this clause, means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States.

Examples of PII include: name, date of birth, mailing address, telephone number, Social Security

Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Personally Identifiable Information (Sensitive PII),” as used in this clause, is a subset of

Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

Complete social security numbers (SSN), alien registration numbers (A-number) and biometric identifiers (e.g., fingerprint, voiceprint, iris scan) are considered Sensitive PII even if they are not coupled with additional PII. Additional examples include any groupings of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(1) Driver’s license number, passport number, or truncated SSN (such as last 4 digits)

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Financial information such as account numbers or Electronic Funds Transfer Information

(5) Medical Information

(6) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other Personally Identifiable Information may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information but it is not sensitive.

“Real Data,” as used in this clause, means data from a production system, contractor, or public records, or any other dataset which otherwise contains operational data.

Examples of real data include a dataset that is a ten-year old backup of an existing system and contains data about real individuals, matters, or cases, would be real data. A set of public records that was purchased from a contractor for use in testing would also be real data.

H 6.2 Required Security and Privacy Training for Contractors: Contractor shall provide training for all employees and sub-Contractors that have access to Sensitive PII as well as the creation, use, dissemination and / or destruction of Sensitive PII, at the outset of the sub-

Contractor’s / employee’s work on the contract and every year thereafter. Said training would include procedures on how to properly handle Sensitive PII, to include security requirements for transporting of transmitting Sensitive PII information, reporting requirements for a suspected breach or loss of Sensitive PII information, etc. All Contractor employees are required to take

Privacy at DHS: Protecting Personal Information training course. The Federal Information Security

Management Act (FISMA) requires all individuals accessing ICE information, regardless of their employment status, be they Federal or contract type employees, to take the annual Information

Assurance Awareness Training course.

These courses can be obtained via links on the ICE intranet site or the Agency will make the training available through other means (e.g., CD or online). The Contractor shall maintain copies of certificates as a record of compliance. The Contractor must submit an annual e-mail notification to the ICE COR that the required training has been completed for all the Contractor’s employees.

(End of clause)

H 6.3 Reporting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise of Sensitive PII to ICE in a timely manner and cooperate with ICE’s inquiry into the incident and efforts to remediate any harm to potential victims.

1. The Contractor must develop and include in its security plan (which is submitted to ICE) an internal system by which its employees and sub-Contractors are trained to identify and report potential loss or compromise of Sensitive PII.

2. Contractor must report the suspected loss or compromise of Sensitive PII by its employees or sub-Contractors to the ICE Contracting Officer’s Representative (COR) or Contracting Officer within one (1) hour of the initial discovery.

3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensitive PII by its employees or sub-Contractors. The report must contain the following information:

a. Narrative, detailed description of the events surrounding the suspected loss/compromise.

b. Date, time, and location of the incident.

c. Type of information lost or compromised.

d. Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.

e. Names of person(s) involved, including victim, Contractor employee/sub-Contractor and any witnesses.

f. Cause of the incident and whether the company’s security plan was followed or not, and which specific provisions were not followed.

g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

h. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

4. The Contractor must cooperate with ICE or other government agency inquiries into the suspected loss or compromise of Sensitive PII.

5. At the government’s discretion, Contractor employees or sub-Contractor employees may be identified as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromise of Sensitive PII.

H 6.4 Victim Remediation Provision: The Contractor is responsible for notification of victims and provision of victim remediation services in the event of a loss or compromise of Sensitive PII held by the Contractor, its agents, and Subcontractors, under this contract. The victim remediation services shall include at least 18-months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive PII was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose Sensitive PII was lost or compromised.

H 6.5 Separation Checklist for Contractor Employees: Contractors shall enact a protocol to use a separation checklist before its employees, sub-Contractor employees, or independent Contractors terminate working on the contract. The separation check list must cover areas such as: (1) return of any government-furnished equipment; (2) return or proper disposal of Sensitive PII (paper or electronic) in the custody of the Contractor/sub-Contractor employee or independent Contractor, including the wiping of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor’s facilities or systems that would permit the terminated employee’s access Sensitive PII.

In the event of adverse job actions resulting in the dismissal of an employee, sub-Contractor employee, or independent Contractor, the Contractor shall notify the COR within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of the employment or work on the contract.

H 6.6 Prohibition on Use of PII in Vendor Billing and Administrative Records: The

Contractor’s invoicing, billing, and other financial/administrative records/databases may not store or include any sensitive government information, such as personally identifiable information (PII), created, obtained, or provided during the performance of the contract. It is acceptable to list the names, titles and contact information for the COR, COTR, or other ICE personnel associated with the administration of the contract in the invoices as needed.

H 6.7 Safeguarding Sensitive PII Requirement: Contractor employees shall comply with the

Handbook for Safeguarding Sensitive PII at DHS at all times when handling Sensitive PII, including encryption of SPII as required in the Handbook. This requirement will be passed down in all sub-contracts as well.

H 6.8 Non-Disclosure Agreement Requirement: All Contractor personnel that may have access to PII or other sensitive information shall be required to sign a non-disclosure agreement (DHS

Form 11000-6) prior to commencing work.

(End of clause)

H 6.9 Restriction on Testing Using Real Data Containing PII: The use of real data containing

Sensitive PII, from any source, for testing purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for testing whenever feasible. ICE policy requires that any proposal to use real data or de-identified data for IT system testing be approved by the ICE Privacy

Officer and Chief Information Security Officer in advance. In the event performance of the contract requires or necessitates the use of real data for system testing purposes, the Contractor in coordination with the CO or COR and government program manager shall obtain approval from

OCIO and the ICE Privacy Office and complete any required documentation.

H 6.10 Restriction on Training Using Real Data Containing PII: The use of real data containing

Sensitive PII, from any source, for training purposes is generally prohibited. The Contractor shall use synthetic or de-identified real data for training whenever feasible. ICE policy requires that any proposal to use real data or de-identified data for IT system training be approved by the ICE

Privacy Officer and Chief Information Security Officer in advance. In the event performance of the contract requires or necessitates the use of real data for training purposes, the Contractor in coordination with the CO or COR and government program manager shall obtain approval from

OCIO and the ICE Privacy Office and complete any required documentation.

H 6.11 Requirements for Contractor IT Systems Hosting Government Data: The Contractor is required to obtain a Certification and Accreditation for any IT environment owned or controlled by the Contractor, or any subcontractor, on which Government data shall reside for purposes of IT system development, design, data migration, testing, training, or disposal.

H 6.12 Requirements to Support Completion of Privacy Compliance Documents: The

Contractor shall support the completion of the Privacy Threshold Analysis (PTA) document when it is required. PTAs are triggered by the creation, modification, upgrade, or disposition of an IT system, and must be renewed at least every three years. Upon review of the PTA, the DHS Privacy

Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of

Records Notice (SORN), or modifications thereto, are required. The Contractor shall provide adequate support to complete the PIA in a timely manner, and shall ensure that project management plans and schedules include the PTA, PIA, and SORN (to the extent required) as milestones.

Additional information on the privacy compliance process at DHS, including PTAs, PIAs, and

SORNs, is located on the DHS Privacy Office website (www.dhs.gov/privacy) under “Privacy

Compliance Process & Templates.” DHS Privacy Policy Guidance Memorandum 2008-02 sets forth when a PIA will be required at DHS, and the Privacy Impact Assessment Guidance and

Template outline the requirements and format for the PIA.

H.7 Section 508 Requirements

a. All Electronic and Information Technology (E&IT) services provided, all E&IT products purchased, developed or customized through this contract, and all reports and deliverables provided in electronic media shall be accessible to people with disabilities in accordance with the relevant accessibility standards (see below) referenced in Section 508 of the Rehabilitation Act 29 U.S.C.

794d, as amended by the Workforce Investment Act of 1998 August 7, 1998, P.L. 105-220.

1194. Software Applications and Operating Systems

1194.22 Web-based Intranet and Internet Information and Applications

1194.23 Telecommunications Products

1194.24 Video and Multimedia Products

1194.25 Self-Contained, Closed Products

1194.26 Desktop and Portable Computers

1194.31 Functional Performance Criteria

1194.41 Information, Documentation, and Support

b. If any such E&IT product or service proposed is not fully compliant with all of the standards, the contractor shall specify each standard that is not met; provide a detailed description as to how the

E&IT product does not comply with the identified standard(s); and shall indicate the degree of compliance. Use of Voluntary Product Accessibility Templates (or VPATs, see www.itic.org) and www.buyaccessible.gov is encouraged.

c. Offerors shall demonstrate compliance with Section 508 requirements prior to award.

Submission of the list identified in paragraph (a) above is a prerequisite imposed by 36 CFR 1194 for making or entering into any contract with the Federal Government.

d. Proposals that fail to include the required Section 508-compliance information shall be deemed ineligible for award.

H.8 Performance Incentive

The contractor agrees to set aside at a minimum _25 % of the revenue earned at Primary and

Tertiary Facilities in an escrow account and keep the monies in escrow until a semi-annual performance review has been conducted.

Semi-annual performance reviews will be conducted by ICE to determine if the contractor is performing in accordance with the contractor’s Performance Work Statement, Transition Plan, and

Quality Assurance Surveillance Plan. If the Government determines that the contractor is http://www.dhs.gov/privacy noncompliant in the following areas, the contractor will send a check for the percentage listed below of the total revenue set-aside to the US Treasury.

Performance

Measurements

1st performance failure

2nd performance failure

3rd performance failure

4th performance failure

Primary Facilities 10 % 15% 30% 50%

Secondary Facilities 10 % 15% 30% 50%

Pro Bono Service 10 % 15% 30% 50%

Trouble ticket monitoring

10 % 15% 30% 50%

Refunds and

Rebates

10 % 15% 30% 50%

SECTION I - CONTRACT CLAUSES

The full text of any FAR, DHS and GSA clauses which are incorporated by reference may be obtained at the following URLs:

FAR: http://www.acqnet.gov/FAR/

DHS: http://farsite.hill.af.mil/VFHSAR1.htm

GSAM: http://www.acquisition.gov/GSAM/gsam.html

HSAR: http://farsite.hill.af.mil/VFHSARA.HTM

I.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if it were given in full text. Upon request, the Contracting Officer shall make its full text available.

FAR Clause Title Date

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006

52.203-7 Anti Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12 Limitation on Payments to influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-sided on Postconsumer Fiber Content

Paper

MAY 2011

52.204-6 Data Universal Numbering System (DUNS) Number JUL 2013

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.207-1 Notice of Standard Competition MAY 2006

52.209-6 Protecting the Government’s Interests when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.215-2 Audit and Records – Negotiation OCT 2010

52.215-8 Order of Precedence – Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Cost or Pricing Data-

Modification

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 http://www.acqnet.gov/FAR/ http://farsite.hill.af.mil/VFHSAR1.htm http://www.acquisition.gov/GSAM/gsam.html http://farsite.hill.af.mil/VFHSARA.HTM

52.215-13 Subcontractor Certified Cost or Pricing Data- Modifications OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other Than Pensions

JUL 2005

52.219-6 Notice of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns Oct 2014

52.219-14 Limitations on Subcontracting NOV 2011

52.222-1 Notice to the Government of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

FAR Clause

Title

Date

52.222-4 Contract Work Hours and Safety Standards—Overtime

Compensation

MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-29 Notification of Visa Denial JUN 2003

52.222-35 Equal Opportunity for Veterans JUL 2014

52.222-36 Affirmative Action for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-41 Service Contract Act of 1965 MAY 2014

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards

-- Price Adjustment (Multiple Year and Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-5 Insurance—Work on a Government Installation JAN 1997

52.229-3 Federal, States, and Local Taxes FEB 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.237-3 Continuity of Services JAN 1991

52.232-11 Extras APR 1984

52.239-1 Privacy or Security Safeguards AUG 1996

52.242-2 Production Progress Reports APR 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price AUG 1987

52.243-7 Notification of Changes APR 1984

52.244-6 Subcontracts for Commercial Items APR 2015

52.245-1 Government Property APR 2012

52.246-20 Warranty of Services MAY 2001

52.246-25 Limitation of Liability - Services FEB 1997

52.249-2 Termination for Convenience of the Government APR 2012

52.249-8 Default (Fixed Price Supply and Service) APR 1984

52.249-14 Excusable Delays APR 1984

52.253-1 Computer Generated Forms JAN 1991

I.2 Clauses Incorporated by Full Text

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the ICE Office of Acquisition Contracting Officer and shall not be binding until so approved.

52.215-19 Notification of Ownership Changes (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall—

(1…