Section_D-M.pdf

D-1

HSECDM-15-R-00004

SECTION D:

PACKAGING & MARKINGS

This Section is left intentionally blank.

HSCEDM-15-R-00004

E-1

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.

Deliverables Chart –Houston Contract Detention Facility

# Deliverable Due Date

1.

Final Version of the Quality Control Plan No later than the post award conference

2.

Plans, Policy and

Procedures Manual To COR prior to NTP

3.

Standard Operating

Procedures Within 30 calendar days of award of contract http://acquisition.gov/far/index.html

E-2

4. Post Orders Within 30 calendar days of award of contract, annually and as requested by the

COR.

5. Communication Plan Within 30 calendar days of award of contract

6.

Resumes of Key

Personnel Prior to Entry on Duty (EOD)

7. Organizational Chart Within 30 calendar days of award of contract and after that anytime as requested by the COR.

8. Staffing Plan Within 30 calendar days of award of contract and after that anytime as requested by the COR.

9.

Documentation of employee receipt of ICE

Operations Policy/Procedure Manual

As requested by COR

10.

Contractor employee certification for standards of conduct

As requested by COR

11.

Contractor employee violation of standards of conduct and disciplinary action

Immediate to COR

12.

Notification of change in employee’s health status

Immediately(immediate verbal report, with written follow-up)

13.

Employee termination, transfer, suspension, personnel action relating to disqualifying information or incidents of delinquency

Immediately (immediate verbal report, with written follow-up)

14.

Report of any on contract employee misconduct Immediately (immediate verbal report, with written follow-up)

E-3

15. e-Qip Security Process Prior to Entry on Duty (EOD)

16.

Physical Force Incident

Reports

Immediately (immediate verbal report, with written report within two (2) hours of incident)

17. Written Report of escapes Immediately (immediate verbal report, with written report within two (2) hours of incident)

18.

Physical harm or threat to safety, health or welfare

Immediately (immediate verbal report, with written report within 24 hours of incident)

19. Drug Test Results Upon EOD and as requested by COR, or immediately upon found violation

20.

Emergency Call Back

Roster Quarterly or as needed

21.

Finalized Training Plan, with Curriculum Within 30 calendar days of award of contract

22.

Quarterly Training

Forecast Quarterly

23.

Training certification and reports for formal and on the job training (including

Supervisors and refresher)

As requested by COR

24. Daily Time Sheet As requested by COR

25.

Emergency Action Plan to include Auxiliary Power procedures

No later than the post award conference

26.

Sexual Assault & Suicide

Prevention Program No later than the post award conference

27.

Firearms Training

Certificates Annually

28. Employee Weapon Permit To COR 3 days prior to EOD, and then after as requested by COR

E-4

29.

Notification of employee criminal activity Immediate to COR and appropriate law enforcement agency.

30.

Officer Testing Questions and Results Post award, as needed by the COR

31.

Key, Tool Cabinet

Inventory Class A and Class B Log

At the beginning of day and end of each shift

32. Equipment Inventory Within 30 calendar days after award of contract, then annually or as requested by

COR

33.

Intervention Equipment

Inventory

Within 30 calendar days after award of contract, then annually or as requested by

COR

34. Regular Tool Control Log Monthly

35.

Detainee Volunteer Work Screening Form (Request

Form) As required

36.

Detainee Volunteer Work Program Training Form As required

37. ACA Accreditation Within 18 months of contract award

38.

Proposed daily transportation routes Within 30 calendar days of contract award

39.

Safety Devices/Equipment

Training Plan Quarterly

40.

Chemical Perpetual

Inventory Sheet As requested by COR

41.

Compliance and

Independent Audit Report Annually

42. Key Indicators Report Monthly, by 5th of each month for previous month’s data

43. General Supply/Inventory Within 30 calendar days after award of

E-5

Plan contract, then annually or as requested by

COR

44. Commissary Inventory List As requested by COR

45.

Statement of Detainee

Funds Accounts As requested by COR

46. IT Security Plan Within 30 calendar days after award of contract

47.

Finalized List of Approved

Food Vendors Within 30 calendar days after award of contract and upon any changes thereafter

48.

Prime Vendor/Food

Service Expenditures As requested by COR

49.

Employee Meal Ticket

Sales Report As requested by COR

50.

Number of Meals

Served/Daily Meal Count Quarterly or as requested by COR

51. Detainee Records Continuous

52. Detainee Death Immediately (immediate verbal report, with written report within two (2) hours of incident)

53.

Detainee Departure

Documents Continuous, prior to detainee departing.

54.

Detainee Volunteer Food

Service Worker Contingency Plan

Within 30 calendar days of award of contract and after that anytime as requested by the COR.

55. 35 Day Regular Menu Monthly

56.

Physical damage to the facility documentation

Immediate verbal to COR, with written report within five days.

57.

Detainee Special Needs

Menu As requested by COR

E-6

58.

Daily Diet List (Medical &

Religious) As requested by COR

59. Holiday Menus Annually

60.

Emergency Food

Preparation and Service Schedule

Within 30 calendar days of award of contract

61.

ACA Temperature Log Report (refrigerators, freezers, dishwasher temperatures and water)

As requested by COR

62.

Food Service Weekly

Inspection Log Weekly or as requested by COR

63. Food Handler Certification Maintained for all food service employees at all times, as requested by COR

64.

Food and Non-Food

Inventory Monthly or as requested by COR

65.

Maintenance Service

Work Orders As requested by COR

66.

Common Fare Cost for

Detainees Quarterly, or as requested by COR

67.

Authorized Detainee Worker List Weekly

Schedule Weekly, or as requested by COR

68.

Detainee Volunteer Food Service Work Detail Pay

List Monthly

69. Monthly Medical Inspection Corrective Actions Monthly

70.

Certified Dietician In-

Service Staff Training and Department Inspection

Quarterly, or as requested by the COR

71. Medical Clearance For all new employees and after

E-7 including TB test diagnosed with illness or communicable disease. Employees must be re-examined and medically cleared before returning to work. TB test certification annually.

72.

Vehicle inventory log and interior specification for each vehicle type

Within 30 calendar days of award of contract, annually and as requested by

COR

73.

Menu Cycle (Revisions and Registered Dietician

Recertification of all menus)

Annually

74.

End of Month Food Service Cost Report, including Cost Per Meal Data

Annually

75. Firearms Control Register As requested by COR

76. Surveillance Video As requested by COR

77.

Detainee or Contractor Employee Contraband

Found Report

Immediately (immediate verbal report, with written follow-up)

78. Staff Vacancy Report To COR by 5th of each month for previous month’s data

79.

Additional Reports as requested by the COR As needed

68. Notice of facility readiness 14 days prior to start of Transition Period

69.

Records related to performance by contractor

As requested by CO or COR at any time during the term of the contract or at termination/expiration.

70. Litigation As requested by CO or COR at any time during the term of the contract or at/after termination/expiration.

71. Congressional Inquiry Immediately(immediate verbal report, with written follow-up) to FOD, DFOD & COR

E-8

72.

Press statements and/or releases To FOD, DFOD & COR prior to release

73.

Correctional Officer assignment, Names of

Supervisory Correctional Officers, and Shift Rosters

As requested by COR

74.

Overnight lodging requests Advance of commencement of overnight trip

75.

Non-returned ID

Badges/Credentials Immediately to COR

76. Intelligence Information Immediately to COR

77. Serious Incidents Immediately to COR

78.

Contractor Employee

Manual

Within 30 calendar days of award of contract and after that anytime as requested by the COR.

79.

Any requested Detainee medical documentation Immediately to COR

80.

Medical and Personnel Records of Contractor

Employees As requested by COR

81.

Contractor Business

Permits and Licenses Within 30 calendar days of award of contract and after that anytime as

82.

Contractor Employee Registrations, Commissions, Permits, and Licenses

Prior to EOD and then after, as requested by COR

83.

Correctional Officer Post

Assignment Record As requested by COR

84. Count Records As requested by COR

85.

GSA Form 139 or ICE equivalent As requested by COR

E-9

86.

Authorization to exceed a change in duty To COR for approval prior to commencement of change of duty

87. Lost and Found As requested by COR

88.

Security incidents – computers To COR within four hours of incident

89. Daily Detainee Manifest As requested by COR

90.

Contract Discrepancy Report, Corrective Action

Plan, or outcome measures required by any inspection or accreditation review , QASP or PBNDS requirements

As outlined within the requiring document

91. Spill Report Immediately to COR

92. Conceptual Design Plan Due with Proposal

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.

F-1

SECTION F:

DELIVERIES OR

PERFORMANCE

F.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

Clause Number Clause Title Date 52.211-11 Liquidated Damages – Supplies, Services, or Research Sep 2000 And Development 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1985

F.2 PERIOD OF PERFORMANCE

Schedule Option A

The term of this Contract will be for a two-month transition period, a ten month base period, and 9 one-year option periods. The option to extend services for up to 6 months, in accordance with FAR 52.217-8, is being evaluated but will not be listed as a separate CLIN.

The associated cost will not be included in the overall price of the contract.

Period of Performance Dates Transition Period March 1, 2017 – April 30, 2017

Base Period May 1, 2017 – February 28, 2018

In Accordance with FAR 52.217-9 Option 1 March 1, 2018 - February 28, 2019 Option 2 March 1, 2019 - February 29, 2020 Option 3 March 1, 2020 – February 28, 2021 Option 4 March 1, 2021 - February 28, 2022 Option 5 March 1, 2022 - February 28, 2023 Option 6 March 1, 2023 – February 29, 2024 Option 7 March 1, 2024 – February 28, 2025 Option 8 March 1, 2025 – February 28, 2026 Option 9 March 1, 2026 – February 28, 2027

In Accordance with FAR 52.217-8

FAR 52.217-8 Option March 1, 2027 – August 31, 2027

F-2

Schedule Option B

The pricing structure consists of a 60 day transition period, a three (3) year eleven (11) month base period and six (6) one (1) year option periods. The base period contains a CLIN covering a cancellation payment funded with a multi-year appropriation. The purpose of this is to cover for contract cancellation anytime throughout first forty-eight (48) months of the contract (transition period plus base period) in accordance with the following schedule:

Cancellation Payment (Applies to Pricing Schedule Option B Only)

In accordance with FAR Subpart 17.1, Multi-year Contracting, the estimated cancellation ceiling established for this contract must not exceed $45,000,000.

Period of Performance Dates Transition Period March 1, 2017 – April 30, 2017

Base Period May 1, 2017 – February 28, 2021

In Accordance with FAR 52.217-9 Option 1 March 1, 2021 - February 28, 2022 Option 2 March 1, 2022 - February 28, 2023 Option 3 March 1, 2023 - February 28, 2024 Option 4 March 1, 2024 - February 28, 2025 Option 5 March 1, 2025 - February 28, 2026 Option 6 March 1, 2026 - February 28, 2027

In Accordance with FAR 52.217-8

FAR 52.217-8 Option March 1, 2027 – August 31, 2027

F.3 PLACE OF PERFORMANCE:

The facility must be located within a 50 mile radius of the ICE Houston Field Office located at 126 Northpoint Drive, Houston Texas, 77060. The facility must also be within an approximate 30 minute surface commute from a general acute care hospital that has an emergency room, surgery, medical, and mental health services. The facility must also be within an approximate 60 minute surface commute from Bush Intercontinental Airport.

G-1

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:

Arnold Casterline, Contract Specialist Phone: 202-732-2394 Email: Arnold.P.Casterline@ice.dhs.gov

James D. Adams, Contracting Officer Phone: 202-732-2541 Email: james.d.adams@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:Arnold.P.Casterline@ice.dhs.gov mailto:james.d.adams@ice.dhs.gov

G-2

DHS, ICE

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

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.

mailto:Invoice.Consolidation@dhs.gov

G-3

• 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 Management, or 52.232-34, Payment by Electronic Funds Transfer; Other Than System for Award Management), 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.

The preferred method of submittal is via email.

H-1

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

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract HSCEDM-16-D-000# 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.2.2 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).

H-2

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 ICE 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.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 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.

H-3

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.2.4 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.2.5 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.2.6 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

H-4 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.2.7 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.2.8 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.

H-5

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.2.9 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.2.10 INFORMATION TECHNOLOGY SECURITY TRAINING AND 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.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.

http://www.dhs.gov/E-VERIFY

I-1

SECTION I:

CONTRACT CLAUSES

I.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 CO will make their full text available. Also, the full text can be accessed electronically at this internet

Number Titles DATE

52.202-1 Definitions Nov 2013 52.203-2 Certificate of Independent Price Determination Apr 1985 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 Sep2006 52.203-7 Anti-Kickback Procedures May 2014 52.203-8 Cancellation, Recession, and Recovery of Funds for Illegal or May 2014

Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014 52.203-12 Limitations on Payments to Influence Certain Federal Oct 2010

Transactions 52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement Apr 2014 to Inform Employees of Whistleblower Rights 52.204-2 Security Requirements Aug 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber May 2011

Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Jul 2013 Subcontract Awards

52.204-12 Data Universal Numbering System Number Maintenance Dec 2012 52.204-13 System for Award Management Maintenance Jul 2013 52.204-15 Service Contract Reporting Requirements for Indefinite - Jan 2014

Delivery Contracts 52.209-6 Protecting the Government’s Interest When Subcontracting Aug 2013 with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Jul 2013 Responsibility Matters

I-2

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 Reversions Oct 2010 52.215-18 Revisions for Adjustment of Plans for Postretirement Jul 2005

Benefits (PRB) Other than Pension 52.215-19 Notification of Ownership Changes Oct 1997 52.216-18 Ordering Oct 1995 52.216-19 Ordering Limitations Oct 1995 52.217-2 Cancellations under Multiyear Contracts Oct 1997 52.217-8 Option to Extend Services Nov 1999 52.219-8 Utilization of Small Business Concerns Oct 2014 52.219-9 Small Business Subcontracting Plan Oct 2014 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime May 2014

Compensation 52.222-17 Non-displacement of Qualified Workers May 2014 52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 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 Labor Standards May 2014 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards May 2014

- Price Adjustment (Multiple Year and Option Contracts) 52.222-50 Combating Trafficking in Persons Feb 2009 52.223-2 Affirmative Procurement of Bio-based Products Under Sep 2013

Service or Construction Contracts 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 Dec 2007

52.223-17 Affirmative Procurement of EPA-Designated Items In May 2008 Service and Construction Contracts

I-3

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 1984 52.224-2 Privacy Act Apr 1984 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 2014 52.230-6 Administration of Cost Accounting Standards Jun 2010 52.232-1 Payments Apr 1984 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-9 Limitation on Withholding of Payments Apr 1984 52.232-11 Extras Apr 1984 52.232-17 Interest May 2014 52.232-18 Availability of Funds Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-25 Prompt Payment Jul 2013 53.232-33 Payment by Electronic Funds - System for Award Jul 2013

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

Subcontractors 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 52.242-3 Penalties for Unallowable Costs May 2014 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) Aug 1987 52.244-5 Competition in Subcontracting Dec 1996 52.244-6 Subcontracts for Commercial Items Oct 2014 52.245-1 Government Property Apr 2012 52.249-2 Termination for Convenience of the Government –Fixed Apr 2012

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

I-4

3052.219-70 Small Business Subcontracting Plan Reporting Jun 2006 3052.222-70 Strikes or Picketing Affecting Timely Completion Dec 2003 Of the Contract Work 3052.242-72 Contracting Officer’s Technical Representative Dec 2003

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.

52.216-22 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 the period of performance end date of the IDIQ.

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.

I-5

(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 10 Years and 6 Months.

3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation means a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded

I-6 affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) other similar interests.

I-7

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of clause)

3052.215-70 Key Personnel or Facilities (Dec 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract: see Section L (Facility Staffing Plan and Key Personnel) of the Performance Work Statement (Section C).

3052.225-70 Requirement for Use of Certain Domestic Commodities (Aug 2009)

(a) Definitions. As used in this clause--

(1) "Commercial," as applied to an item described in subsection (b) of this clause, means an item of supply, whether an end product or component, that meets the definition of "commercial item" set forth in (FAR) 48 CFR 2.101.

I-8

(2) "Component" means any item supplied to the Government as part of an end product or of another component.

(3) "End product" means supplies delivered under a line item of this contract.

(4) "Non-commercial," as applied to an item described in subsections (b) or (c) of this clause, means an item of supply, whether an end product or component, that does not meet the definition of "commercial item" set forth in (FAR) 48 CFR 2.101.

(5) "Qualifying country" means a country with a memorandum of understanding or international agreement with the United States under which DHS procurement is covered.

(6) "United States" includes the possessions of the United States.

(b) The Contractor shall deliver under this contract only such of the following commercial or non- commercial items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof; or

(2) Tents, tarpaulins, covers, textile belts, bags, protective equipment (such as body armor), sleep systems, load carrying equipment (such as field packs), textile marine equipment, parachutes or bandages.

(c) The Contractor shall deliver under this contract only such of the following non-commercial items, either as end products or components that have been grown, reprocessed, reused, or produced in the United States:

(1) Cotton and other natural fiber products. (2) Woven silk or woven silk blends.

(3) Spun silk yarn for cartridge cloth.

(4) Synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics).

(5) Canvas products.

(6) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(7) Any item of individual equipment manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (c).

I-9

(d) This clause does not apply--

(1) To items listed in (FAR) 48 CFR 25.104, or other items for which the Government…