Section_B-M_Amendment_1.pdf

HSCEDM-14-R-00002

A-1

SECTION A:

SOLICITATION FORM

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SECTION B:

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The Contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Statement of Objectives on a Firm Fixed Price basis.

B.2 CONTRACT PRICING

B.2.1 CLIN DESCRIPTION

Offerors are instructed to fill in the Contract Line Item Number (CLIN) table below. This table may be edited prior to award but is anticipated to be the CLIN structure that will be utilized for this contract. All Base and Option Period pricing shall be incorporated into this contract upon award. The Base Period and all Optional CLINs and Option Periods if exercised will be fully funded.

B.2.2 PRICING

The Government reserves the right to incorporate CLIN 0001 (Transition Period, Two Month Option) or CLINS 0001a- CLINS 0001g (Base Period, 2 Month Option) into any resultant contract.

Transition Period

CLIN Description Unit QTY Unit Price Total 0001 Transition Period MO 2

Base Period In Lieu of Transition Period:

0001a Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 21,350

0001b Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 21,350

0001c Detainee Volunteer Hours HR 42,583 0001d Transportation - Monthly MO 2 0001e Transportation - Overtime Hours HR 125 0001f Transportation - Miles EA 42,667 0001g On-Call Guard Post Hours HR 2,000

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Base Period:

0002 Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 106,400

0003 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 106,400

0004 Detainee Volunteer Hours HR 212,917 0005 Transportation - Monthly MO 10 0006 Transportation - Overtime Hours HR 625 0007 Transportation - Miles EA 213,333 0008 On-Call Guard Post Hours HR 10,000

Option Period I (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

1001 Detention Bed Days (Guaranteed

Minimum)

EA 127,750

1002 Detention Bed Days (Above Guaranteed Minimum)

EA 127,750

1003 Detainee Volunteer Hours HR 255,500 1004 Transportation - Monthly MO 12 1005 Transportation - Overtime Hours HR 750 1006 Transportation - Miles EA 256,000 1007 On-Call Guard Post Hours HR 12,000

Option Period II(In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

2001 Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 127,750

2002 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 127,750

2003 Detainee Volunteer Hours HR 255,500 2004 Transportation - Monthly MO 12 2005 Transportation - Overtime Hours HR 750 2006 Transportation - Miles EA 256,000 2007 On-Call Guard Post Hours HR 12,000

Option Period III (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

3001 Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 127,750

3002 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 127,750

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3003 Detainee Volunteer Hours HR 255,500 3004 Transportation - Monthly MO 12 3005 Transportation - Overtime Hours HR 750 3006 Transportation - Miles EA 256,000 3007 On-Call Guard Post Hours HR 12,000

Option Period IV (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

4001 Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 127,750

4002 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 127,750

4003 Detainee Volunteer Hours HR 255,500 4004 Transportation - Monthly MO 12 4005 Transportation - Overtime Hours HR 750 4006 Transportation - Miles EA 256,000 4007 On-Call Guard Post Hours HR 12,000

Option Period V (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

5001 Detention Bed Days (Guaranteed

Minimum, Beds, 350 Beds/Day)

EA 127,750

5002 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 127,750

5003 Detainee Volunteer Hours HR 255,500 5005 Transportation - Monthly MO 12 5005 Transportation - Overtime Hours HR 750 5006 Transportation - Miles EA 256,000 5007 On-Call Guard Post Hours HR 12,000

Option Period VI (In accordance with FAR 52.217-8, Option to Extend Services. Not-To-Exceed 6 Months)

CLIN

Description Unit QTY Unit Price Total

6001 Detention Bed Days (Guaranteed Minimum, Beds, 350 Beds/Day)

EA 63,875

6002 Detention Bed Days (Above Guaranteed Minimum, Beds 351 - 700)

EA 63,875

6003 Detainee Volunteer Hours HR 127,750 6005 Transportation - Monthly MO 6

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CLIN

Description Unit QTY Unit Price Total

6005 Transportation - Overtime Hours HR 375 6006 Transportation - Miles EA 128,000 6007 On-Call Guard Post Hours HR 6,000

B.3 MINIMUM AND MAXIMUM QUANTITIES

The Government’s minimum quantity obligation for bed day CLINS is 350 beds per day.

The maximum quantity of beds per day is 700.

B.4 FUNDING

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the Government.

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SECTION C:

STATEMENT OF OBJECTIVES

Contract Performance Work Statement to be incorporated at time of award

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SECTION D:

PACKAGING & MARKINGS

This Section is left intentionally blank.

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SECTION E:

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html.

Clause Number Clause Title Date 52.246-4 Inspection of Services – Fixed Price Aug 1996

E.2 INSPECTION REQUIREMENTS

Review of Deliverables ---

(a) The COR will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days from receipt by the Government of the initial deliverable.

(b) Upon receipt of the Government comments, the Contractor shall have fifteen (15) business days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

(c) If written acceptance, comments and/or change requests are not issued by the Government within thirty (30) calendar days of submission, the draft deliverable shall be deemed acceptable as written and the Contractor may proceed with the submission of the final deliverable product.

The Contractor shall provide all deliverables to the COR in Microsoft Excel, PowerPoint or Word format.

E.3 ACCEPTANCE CRITERIA

The Government will provide written notification of acceptance or rejection of all final deliverables within thirty (30) calendar days. Absent written notification, final deliverables may be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

http://acquisition.gov/far/index.html

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SECTION F:

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html.

Clause Number Clause Title Date 52.242-14 Suspension of Work Jan 1997 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1985

F.2 PERIOD OF PERFORMANCE

The term of this Contract will be for a (two) month transition period, an 10 month base period and 5 one-year option periods and 1 six-month option period, if so exercised.

Period of Performance Dates Transition Period or Base Period In Lieu of Transition Period

September 1, 2014 – October 31, 2014

Base Period November 1, 2014 – August 31, 2015

In Accordance with FAR 52.217-9 Option 1 September 1, 2015 – August 31, 2016 Option 2 September 1, 2016 – August 31, 2017 Option 3 September 1, 2017 – August 31, 2018 Option 4 September 1, 2018 – August 31, 2019 Option 5 September 1, 2019 – August 31, 2020

In Accordance with FAR 52.217-8 Option 6 September 1, 2020 – February 28, 2021

F.3 PLACE OF PERFORMANCE:

To Be Provided At Time of Award.

Within a 50 mile radius of the DHS/ICE Miami Field Office, currently located at 865 SW 78th Avenue, Plantation, Florida. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc.) and access to airport services for transportation requirements.

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SECTION G:

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the ICE and the Contractor.

The individuals outlined in Section G will be the Government points of contact during the performance of this contract for their respective roles as identified herein:

Robbi Gregg, Senior Contract Specialist Phone: 202-732-2560

Email: robbi.gregg@ice.dhs.gov

Allan Castro, Contracting Officer Phone: 202-732-2534

Email: allan.castro@ice.dhs.gov

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The following individual is designated and authorized by the CO to perform contract administration functions related to the technical performance of this contract.

To Be Designated At Time of Award

(a) The Contracting Officer (CO) may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The CO will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The CO cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the CO.

G.3 INVOICE REQUIREMENTS

In accordance with Section G, Contract Administration Data, invoices shall now be submitted via one of the following three methods:

a. By mail:

mailto:robbi.gregg@ice.dhs.gov mailto:allan.castro@ice.dhs.gov

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DHS, ICE

Debt Management Center PO Box 1620 Williston, Vt. 05595-1279 Attn: ICE-ERO-FOD-FMI

b. By facsimile (fax) at: 802-288-7658 (include a cover sheet with point of contact & # of pages)

c. By e-mail at: Invoice.Consolidation@dhs.gov

Invoices submitted by other than these three methods will be returned. Contractor Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice submitted to ICE/OAQ. The ICE program office identified in the delivery order/contract shall also be notated on every invoice.

In accordance with Section I, Contract Clauses, FAR 52.232-25 (a)(3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

An invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.)

(x) Electronic funds transfer (EFT) banking information.

• The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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• If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer; System for Award Managment, or 52.232-34, Payment by Electronic Funds Transfer; Other Than System for Award Managment), or applicable agency procedures.

• EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices without the above information may be returned for resubmission.

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SECTION H:

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR’S INSURANCE

The Contractor shall maintain insurance in an amount not less than $3,000,000 to protect the Contractor from claims under workman’s compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by the Contractor itself or by any subcontractor or anyone directly or indirectly employed by either business entity. The Contractor shall maintain General Liability insurance: bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence is required.

Additionally, an automobile liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property coverage. Certificates of such insurance shall be subject to the approval of the CO for adequacy of protection. All insurance certificates required under this contract shall provide 30 days advance notice to the Government of any contemplated cancellation.

The Contractor shall provide that all staff having access to detainee monies and valuables are bonded in an amount sufficient to ensure reimbursement to the detainee by the Contractor in case of loss.

H.2 SECURITY REQUIREMENTS

H.2.1 GENERAL

ICE has determined that performance of the tasks as described in Contract TBD requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive ICE information, and that the Contractor shall adhere to the following.

H.2.2 SUITABILITY 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 entry on duty (EOD) decision based on preliminary security checks. The expedited EOD decision will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a favorable full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability 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 EOD and / or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional

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Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU.

H.2.3. 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 COR, no less than 5 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:

• Standard Form 85P, “Questionnaire for Public Trust Positions” will be submitted via e- QIP (electronic Questionnaires for Investigation Processing)

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

• Foreign National Relatives or Associates Statement

• DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

• Optional Form 306 “Declaration for Federal Employment” (applies to contractors as well)

• Authorization for Release of Medical Information

Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Defense Industrial Security Clearance Office (DISCO) 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, ICE retains the right to deem an applicant as ineligible due to insufficient background information.

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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 ICE IT systems and the information contained therein, to include, the development and / or maintenance of ICE IT systems; or access to information contained in and / or derived from any ICE IT system.

H.2.4 TRANSFERS FROM OTHER ICE CONTRACTS

Personnel may transfer from other ICE 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 shall be submitted to the Intake Team to initiate a new investigation.

Transfers shall be submitted on the COR Transfer Form which shall be provided by the Dallas PSU Office along with other forms and instructions.

H.2.5 CONTINUED ELIGIBILITY

If a prospective employee is found to be ineligible for access to Government facilities or information, the COR shall 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 may require reinvestigations when derogatory information is received and / or every 5 years.

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.

The Contractor shall report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR. 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 OPR-PSU shall be notified of all terminations / resignations within five days of occurrence.

The Contractor shall 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 shall return the identification cards and building passes to the responsible ID Unit.

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H.2.6 EMPLOYMENT ELIGIBILITY

The contractor shall 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.2.7 SECURITY MANAGEMENT

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall 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 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 shall be informed in writing by the CO 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) operations and to Immigration and Customs Enforcement (ICE).

H.2.8 INFORMATION TECHNOLOGY SECURITY CLEARANCE

When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 5300 Pub. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

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Contractors who fail to comply with ICE security policy are subject to having their access to ICE 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.2.9 INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT

All contractor employees using ICE automated systems or processing ICE sensitive data shall be required to receive Security Awareness Training. This training shall 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 ICE, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. ICE 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 ICE information systems shall be continually evaluated while performing these duties. Supervisors shall 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.3 E-VERIFY

The Contractor shall use the E-Verify Program online at: https://e-verify.uscis.gov/enroll/. This site provides instructions for completing the Memorandum of Understanding (MOU) for official registration in the Program. Contractors may also obtain additional information about E-Verify by visiting the U.S. Citizen and Immigration Services (USCIS) website at:

http://www.DHS.GOV/E-VERIFY or calling USCIS at (888)464-4218.

H.4 USE OF GOVERNMENT OWNED VEHICLES: HOLD HARMLESS AND

INDEMNITY AGREEMENT

ICE will provide the Contractor with Government Owned Vehicles (GOV) (described in Attachment 15) for the transportation of ICE detainees in accordance with the terms and conditions of this contract if government vehicles are used. The Contractor shall contact the designated ICE official to schedule maintenance of the GOV in accordance with the following maintenance requirements:

• DRO Vehicle Management Handbook (Attachment 13)

• ICE Personal Property Handbook – Dated January 2009 (Attachment 14) http://www.dhs.gov/E-VERIFY

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The Contractor shall provide the COR with proof that its guards are licensed with Commercial Driver’s License (CDL) in the State of Florida and insured in accordance with the state law to operate the Government vehicles provided. The Contractor shall adhere to all provisions contained within this contract and the above referenced documents. The Government vehicles shall be used to transport ICE detainees only to and from locations as directed by the COR or designated ICE official. Under the terms of this only to and from locations as directed by the COR or designated ICE official. Under the terms of this contract transportation services of detainees will be at the negotiated transportation rates in Section B. The Contractor will be reimbursed for meals and lodging with GSA published rates during overnight transportation routes. The Contractor shall not tamper with any vehicle equipment without the express written authorization of the COR. The Government will provide fleet cards for purchasing fuel for GOVs. *Procedures and training for use of Government Issued fleet cards are found in the DRO Vehicle Management Handbook.

The repair and maintenance of the vehicle shall be coordinated and handled through the field Office.

The Contractor shall be responsible for any damage incurred to the vehicle as a result of any act or omission on the part of the Contractor, its employees and or persons acting on behalf of the Contractor. In addition, the Contractor assumes financial responsibility for any related property damage to said vehicle caused by the negligent act or omission of its employees or persons acting on behalf of the Contractor. The Contractor accepts responsibility for the negligent acts or omissions on the part of its employees, and or persons acting on behalf of the Contractor in the operation of said vehicles.

The referenced vehicles remain the property of the Department of Homeland Security, Immigration and Customs Enforcement (DHS-ICE) and will be made available to the Contractor for the express purpose of transporting detainees.

Hold Harmless Statement

This is an Agreement between Contractor and the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (“ICE”).

1. Driver of Vehicle: The ICE Vehicle(s) may be driven only by designated employees of the Contractor. The Contractor shall ensure, and assumes the duty, that all its drivers of ICE Vehicles will meet all medical and legal requirements for driving, including that the driver shall:

(a) be over 21 years of age, unless a state law prohibits setting an age requirement;

(b) be a CDL qualified and licensed driver;

(c) be a driver whose driver’s license, in any state, has not been revoked or suspended within the previous three (3) years, even if he or she now possesses a valid driver’s license;

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(d) not operate the vehicle under the influence of alcohol or other intoxicants, such as drugs or narcotics, or under any other physical or mental impairment which adversely affects the driver’s ability to operate the ICE Vehicle; and

(e) not carry more passengers than available seatbelts.

2. Return of Vehicle: The ICE Vehicle shall be returned to ICE, in the same condition as when received, ordinary wear and tear are expected. The Contractor shall perform any cleaning or repairs necessary to return the ICE Vehicle to the required condition. The determination as to the condition of the vehicle will be made solely by ICE. The amount of time the Contractor can use ICE Vehicles will be determined by ICE.

3. Insurance: The Contractor shall obtain liability insurance not less than $1,000,000. The Contractor shall cover any damages to the ICE Vehicle or to other parties for the negligence of its employees driving ICE Vehicles. The Contractor shall cooperate with ICE if any claim is made, and to cooperate with ICE in any investigation involving an ICE Vehicle which was driven by a Contractor employee or Subcontractor.

4. Other Liability: The Contractor shall assume all risks from the use of the ICE Vehicle. The Contractor shall be responsible for damages to the Contractor’s property or goods left or stored in the ICE Vehicle. The Contractor shall not hold ICE liable for damage from downtime, materials, or other consequential damages resulting from the use of the ICE Vehicle. The Contractor shall release and hold ICE, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs, and expenses arising out of the Contractor’s use or possession of the vehicle, including, but not limited to, any and all fines, penalties, and forfeitures imposed by any governmental entity and, to the extent not covered by insurance. The Contractor shall additionally hold ICE harmless for all loss, liability, and expense in excess of the limits of liability provided for herein as a result of injury, death, or property damage arising out of the Contractor’s use of the vehicle. Neither the Contractor nor any other driver of the ICE Vehicles shall be deemed the agent, servant, or employee of ICE for any reason or any purpose.

5. Accidents: The Contractor shall immediately report any accidents or damage to the vehicle and shall deliver to ICE any document received by the Contractor relating to any claim, suit, or proceeding connected with any accident or event involving the vehicle.

6. Warranty Disclaimer: ICE disclaims any and all warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing, or usage of trade.

Furthermore and specifically, ICE does not warrant and specifically disclaims any warranty that ICE Vehicles will always be available for the Contractor use and that ICE Vehicles will be without need of repair or in good working order. ICE does not warrant the actions or omissions of a manufacturer or repairer of the ICE vehicles. Any claims for injury by an employee of the Contractor while operating an ICE vehicle shall be considered a workplace accident with worker’s compensation being an exclusive remedy against the Contractor. ICE shall be considered an insured under the Contractor’s worker’s compensation insurance.

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7. Indemnification of ICE: The Contractor shall indemnify, defend and hold harmless ICE, and its officers, agents, employees, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred or to be incurred, arising out of or resulting from, the Contractor’s operation of the ICE Vehicle.

I-1

SECTION I:

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html.

Number Titles DATE 52.202-1 Definitions Nov 2013 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees Apr 1984 52.203-6 Restrictions on Subcontractor Sales to the Government Sep2006 52.203-7 Anti-Kickback Procedures Oct 2010 52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or

Improper Activity Jan 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity Jan 1997 52.203-12 Limitations on Payments to Influence Certain Federal

Transactions Oct 2010

52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Sep 2013

52.204-2 Security Requirements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper May 2011

52.204-12 Data Universal Numbering System Number Maintenance Dec 2012 52.204-13 System for Award Management Maintenance Jan 2014 52.204-15 Service Contract Reporting Requirements for Indefinate-

Delivery Contracts Jan 2014

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Aug 2012

52.208-9 Contractor Use of Mandatory Sources of Supply Or Services Oct 2006

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

May 2012

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Aug 2013

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Number Titles DATE 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters Jul 2013

52.210-1 Market Research Apr 2011 52.215-2 Audit and Records – Negotiations 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 52.215-12 Subcontractor Cost or Pricing Data Oct 2010 52.215-14 Integrity of Unit Prices Oct 2010 52.215-15 Pension Adjustments and Asset Reverions Oct 2010 52.215-16 Facilities Capital Cost of Money Jun 2003 52.215-18 Revisions for Adjustment of Plans for Postretirement

Benefits (PRB) Other than Pension Jul 2005

52.215-19 Notification fo Ownership Changes Oct 1997 52.216-19 Ordering Limitations Oct 1995 52.219-8 Utilization of Small Business Concerns Jan 2011 52.219-9 Small Business Subcontracting Plan Jan 2011 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation Jul 2005

52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 52.222-35 Equal Opportunity for Veterans Sep 2010 52.222-36 Affirmative Action for Workers with Disabilities Oct 2010 52.222-37 Employment Reports on Veterans Sep 2010 52.222-41 Service Contract Act of 1965 Nov 2007 52.222-42 Statement of Equivalent Rates for Federal Hires May 1989 52.222-43 Fair Labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option Contracts) Sep 2009

52.222-50 Combating Trafficking in Persons Feb 2009 52.223-2 Affirmative Procurement of Bio-based Products Under

Service or Construction Contracts Jul 2012

52.223-5 Pollution Prevention and Right-To-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-12 Refrigeration Equipment and Air Conditioners May 1995 52.223-15 Energy Efficiency in Energy-Consuming Products May 2007

52.223-17 Affirmative Procurement of EPA-Designated Items In Service and Construction Contracts

May 2008

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Number Titles DATE 52.223-18 Contractor Policies to Ban Text Messaging While Driving Aug 2011 52.223-19 Compliance with Environmental Management Systems May 2011 52.224-1 Privacy Act Notification Apr 1985 52.224-2 Privacy Act Apr 1985 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.227-1 Authorization and Consent Dec 2007 52.230-2 Cost Accounting Standards May 2012 52.230-6 Administration of Cost Accounting Standards Jun 2010 52.232-1 Payments Apr 1985 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-9 Limitation on Withholding of Payments Apr 1984 52.232-11 Extras Apr 1985 52.232-17 Interest Oct 2010 52.232-18 Availability of Funds Apr 1985 52.232-23 Assignment of Claims Jan 1986 52.232-25 Prompt Payment Jul 2013 53.232-33 Payment by Electronic Funds - System for Award

Management Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

52.233-1 Disputes Jul 2002 52.233-3 Protest after Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.242-3 Penalties for Unallowable Costs May 2001 52.242-13 Bankruptcy Jul 1995 52.242-17 Government Delay of Work Apr 1984 52.243-1 Changes – Fixed Price Alternate I Apr 1984 52.244-5 Competition in Subcontracting Dec 1996 52.245-2 Government Property, Alternate 1 Apr 2012 52.249-2 Termination for Convenience of the Government –Fixed

Price Apr 2012

52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

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I.2. CLAUSES INCORPORATED IN FULL TEXT

52.204-1 Approval of Contract (Dec 1989)

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

(a) Definitions. As used in this clause—

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7875.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

52.216-18 Ordering Limitations (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits

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52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contact after .

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 Years and 6 Months.

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52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 5), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5351 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1985)

Funds are not presently available for performance under this contract beyond September 30, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

3052.204-70 Security Requirements For Unclassified Information Technology Resources (Jun 2006)

(a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency’s mission.

(b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract.

(1) Within 30 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror’s proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contract as a compliance document.

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(2) The Contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (50 U.S.C. 1551 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130.

(3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor’s site (including any information stored, processed, or transmitted using the Contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) Examples of tasks that require security provisions include—

(1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor’s copy be corrupted; and

(2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall).

d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced.

(e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 5300A (Version 2.1, July 26, 2005) or any replacement publication, which the Contracting Officer will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation.

3052.204-71 Contractor Employee Access (Sep 2012)

(a) "Sensitive Information," as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security

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Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his / her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his / her designee);

(3)…