Draft_PWS_revised_1-20-17.pdf

DEPARTMENT OF HOMELAND SECURITY

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

HOMELAND SECURITY INVESTIGATIONS

Title III Investigative Programs Section

Requirements Statement

Title III Monitor and General Translation, Transcription and Interpretation Services

Revised January 20, 2017

1.0 Introduction

The objective of this solicitation is to establish an Indefinite Delivery, Indefinite Quantity (ID/IQ) contract for Title III Monitor and General Translation, Transcription and Interpretation Services. The resultant ID/IQ contract shall provide a streamlined acquisition approach to obtain the services of qualified and experienced language professionals. U.S. Immigration and Customs Enforcement (ICE) shall issue task orders under the awarded ID/IQ contract for any service described herein, and shall outline specific requirements in accordance with applicable statutes and regulations.

The contractor shall furnish all personnel and all necessary equipment, materials and supplies, transportation, security clearance, background investigation verification necessary to perform Title III Monitor and General Translation, Transcription and Interpretation Services well as all other work described in this requirements statement.

2.0 Background for Title III Monitor and General Translation, Transcription and Interpretation Services

Homeland Security Investigations (HSI) is a critical investigative arm of ICE and the Department of Homeland Security. HSI is a vital U.S. asset in combating criminal organizations illegally exploiting America's travel, trade, financial and immigration systems.

ICE HSI has broad legal authority to enforce a diverse array of federal statutes. It uses this authority to investigate all types of cross-border criminal activity, including:

Financial crimes, money laundering and bulk cash smuggling;

Commercial fraud and intellectual property theft;

Cybercrimes;

Human rights violations;

Human smuggling and trafficking;

Immigration, document and benefit fraud;

Narcotics and weapons smuggling/trafficking;

Transnational gang activity;

Export enforcement; and, International art and antiquity theft.

The threats presented by criminals in these areas have far-reaching consequences. In response, HSI uses a versatile approach to conducting its operations so that it can achieve the best results for the nation and its people.

In pursuit of this mission, a variety of tools and techniques are utilized to further criminal investigations; specifically the lawful interception of private communications. Title III of the Omnibus Crime Control and Safe Street Act of 1968 (Wiretap Act) as amended provides the statutory framework that governs real-time electronic surveillance of the contents of communications. The Title III act establishes procedures agencies must follow to obtain a federal court order to authorize the interception of oral, wire and electronic communications

(known as a Title III or wiretap). This act regulates how law enforcement agents can use and further disclose information obtained under a Title III order.

Transcriptions for Title III monitoring include the translation of written, electronic and multi-media material to and from English and native Foreign languages, as required in furtherance of court authorized communication intercepts related to criminal investigations. Additionally, these services can also be applied to pre-recorded audio, video media, consensual recording; as well as written and hard-copy media stemming from criminal investigations.

The surreptitious interception of private communication (both verbal and electronic) involves several challenges, such as the multitude of different languages and dialects which must be translated and transcribed for legal proceedings. Therefore, transcriptions for Title III Monitoring, including the translation of written, electronic and multi-media material to and from English and native foreign languages, are required in furtherance of criminal investigations.

ICE may also require services, such as, data analysis, interview support, monitoring and interception to be performed overseas in a Government furnished facility. These services would be in direct support of domestic and foreign law enforcement efforts.

Additionally, a variety of language barriers are typically encountered during routine law enforcement duties. In an effort to mitigate these language barriers, general translation, transcription and interpretation services are required.

ICE may require translation, transcription and/or interpretation services for English to English, English to native foreign language, and native foreign language to English.

Translation, transcription and interpretation services can be applied to any entity of evidentiary matter, such as pre-recorded audio and video media; as well as written and hard-copy media.

This media also includes the translation of common documents such as a note or letter that might be encountered during seizures and search warrants.

Additionally, interpretation needs that include pre-planned law enforcement activities; such as enforcement operations where language and communication gaps are expected to be encountered. Examples also include scheduled witness interviews and interrogations.

In pursuit of these activities, ICE is required to obtain the services of qualified contractors to provide both on-site (Government facilities) and off-site (Government approved secure contractor facilities) translation, transcription and interpretation services.

Interpretation services may be required on short notice to support real time law enforcement operations in various locations around the country.

3.0 Description of Services Required

The requirement described below refers to the Title III Wiretap Intercept Program and General Translation, Transcription and Interpretation Services. The Title III Program deals with the interception of a wire, oral, or electronic communication. All Title III wiretap intercepts take place in a Government controlled facility and are for a specified period of time. The General Translation, Transcription and Interpretation Services cover all services that fall outside the scope of the Title III realm. These services include the translation and transcription of undercover meetings, audio/video recordings, inmate telephone calls, and documents, and the temporary duty assignment of linguists to assist with enforcement operations. The services may be performed on-site at a government facility and/or at a contractor offsite government approved facility.

The services required of the contractor shall facilitate the elimination of language barriers to improve the performance, quality and efficiency of operations. The contractor shall provide a full range of language services as defined below:

a. Translation Services

Services include the translation of written, electronic and multi-media material to and from English and native foreign languages. Materials include but are not limited to:

Business, Legal, Medical, Technical, Documents, Braille, Software, Website localization for Internet and Intranet, Video subtitling, captioning, and Transcriptions for Title III Monitoring. Client consultation and Project management services include translation formatting, proofreading, text adaptation, editing, graphic design, and desktop publishing.

b. Interpretation Services

Services include the interpretation of oral communication to and from English and native Foreign Languages. Interpretation includes but is not limited to: Simultaneous, Consecutive, Escort, Community, Telephonic and Voiceovers. Interpreter forums may include meetings, conferences, seminars, litigation, briefings, and training. Client consultation and project management services provided for scheduling, assignment and logistical coordination of linguist support Comprehensive Linguistics Analytical Support.

c. Services (CLASS)

Comprehensive Language Services are needed in support of local, national, or global requirements that support the missions of military, law enforcement, homeland and national security organizations amongst others. Services include but are not limited to:

Collecting, translating/interpreting and delivering mission related data; performing data analysis; assisting in identifying pertinent data; Title III monitoring and intercepts;

interview support, preparing related reports and assessments; forensic processing;

screening; related project/program management and control for linguist screening and, recruitment of linguists; logistical coordination; site supervision and quality control of all related services. Linguists with security clearances are included in the above mentioned services. Services provided must include communication from a source language to a target language.

d. Sign Language

Sign Language Services include ASL/English, Manually Coded English, Pigeon Signed English (PSE), Contact Sign; International Sign Other services include Closed Captioning, Voice-overs, Textbook or Audio Script Translation, Website (HTML) and Online Document Translation with typesetting services, Telephone Services (TDD and TTY), Close-Captioning, Deaf Interpreting, Tactile, and Cued English Transliteration.

Braille, Text Adaptation, and Section 508 Compliant Language Services shall be provided.

4.0 Definition of Services

a. Monitor-To listen to or read foreign language communications lawfully intercepted, and perform immediate verbal summaries, then subsequent written or typed summaries, into the English language.

b. Transcribe- To render the spoken word of a language into the written form of the same language, then save the result on a government approved computer storage device and/or in printed format.

c. Translate-To render the spoken or written word of one language into the written form of another language, then save the results on a government approved computer storage device and/or in printed format.

d. Interpret- To translate orally either consecutively or simultaneously from one language to another.

e. Summarize- To provide a typed, concise and accurate synopsis of oral or written communications that contain the identity of the speakers or correspondents, and all locations and events mentioned that pertain to the subject of the communication.

f. Validate- A review conducted by someone other than the individual performing the original translation, transcription, or the quality control review of the specified original work in order to attest to the accuracy of the final work

g. Standard English- Most widely accepted use of the English language in grammar, spelling, and vocabulary.

h. Voice Library - Library consisting of voice exemplar references where persons have identified themselves or been identified during a phone conversation. The exemplar is used for future voice comparisons.

i. Source Data - The class of data requiring linguist services. Classes of data are verbal or written. Verbal source data typically is derived from audio or video recordings. Written source data is typically derived from official documents, transcripts, emails, maps, etc.

j. Minimization – Title-III legal instruction given by the Prosecutor to a Linguist which identifies the types of “privileged” communications that the Linguist may not listen to and/or capture electronically. Minimization must occur before any work can be initiated.

4.1 Monitoring

In order to monitor oral intercepts, Linguists shall:

a. Listen to oral intercepts in English and foreign languages and provide a verbal summary, immediately followed by a typed summary. Subsequently, all pertinent calls identified by the supervising law enforcement officer will be transcribed verbatim in the required federal or state format. The verbatim transcripts shall be completed during the shift;

otherwise, it shall be transferred to the next Linguist on duty, and so on until completion.

Linguists are responsible for the accuracy of their own summaries/transcripts.

b. Operate HSI’s recording equipment, JSI Voice Box Software, Pen-Link or other type of communication collection equipment.

c. Prepare complete log sheets on each intercepted call, including but not limited to, a short narrative synopsis in Standard English.

d. Complete a log sheet detailing dates, times of recordings and other relevant information.

e. Sign all line sheets, summaries, logs or documents they have prepared and initial all video or audio recordings they have witnessed or heard.

f. Assume responsibility for varying numbers of intercepts as required during any given shift.

g. Maintain a voice library for the duration of the intercept.

h. Maintain a list of slang words and codes (used by the criminal organization or individuals) for the duration of the intercept.

i. During an intercept, provide pertinent information about the content of the call to the HSI case agent so HSI authorities can determine whether the conversation is important, is privileged communication, should be minimized, or if enforcement action should be taken.

j. During inactive periods, transcribe and translate pertinent calls for the investigation.

4.2 Transcription

In order to transcribe data, Linguist shall:

a. Type (or if directed, write) verbatim, the words spoken on the source recording or contained in the written media.

b. When transcribing a foreign language document (such as a map), use the original source document format as a guideline for the English-transcribed document.

c. Prepare all transcriptions in a format dictated by ICE.

d. Use accepted grammar and punctuation in all transcriptions.

e. When performing translation and transcription work, all work must be performed using

ICE/Government-approved word processing applications, such as Microsoft Word.

f. Transcriptions will be saved on Microsoft Windows-compatible storage media and/or devices in an encrypted folder.

g. Hand-written transcriptions, when directed.

h. Provide the final product in an ICE-approved word processing application on a Windows-compatible storage device to the case agent for inspection and acceptance within the time frame stated in the task order. The file title will be a combination of wire ID number and the call number, or other unique identifier provided by the case agent. All data is the property of the Government and no data should be retained by the vendor upon completion and government acceptance of the work.

4.3 Translation

In order to translate, Linguists shall:

a. Prepare a written English translation from a variety of foreign language source exhibits, including but not limited to video and audio recorded conversations, facsimile documents, and written and typed materials, such as legal documents, diaries, computerized files, personal papers, maps, charts, ledgers and notes.

b. Provide accurate and complete translations free of typographical errors and without the omission of a word or words from the texts.

c. Use accepted grammar and punctuation in all English translations. Type the translation from the original source in the following formats:

(1) All translations shall be prepared in an HSI approved format.

(2) All translations shall have a cover page with the case number, phone number or source, case number and footer direction of call date and time of recording if appropriate, and all participants. If abbreviations are used, provide a “Guide to Abbreviations” inside the cover page.

4.4 Interpretation

In order to interpret data, Linguists shall:

a. Provide an oral translation of a foreign language into the English language and English into the foreign language.

b. Linguists shall be required to make notes concerning the content of the conversation;

such notes shall then be given to the Case Agent.

4.5 Validation

In order to validate data, Linguists shall validate original translation work, on an as needed basis, at the Government’s request. The person performing validation duties may be called upon to testify in court. The linguist shall review and quality checks the work for correctness.

4.6 Minimization

In order to minimize, Linguists shall:

a. Upon receiving confirmation from a case agent regarding new minimization requirements the contractor will provide at least a twenty-four hour notice of the time and location of the minimization meeting.

b. The contractor shall ensure all linguists are present for minimization briefing prior to the start of a new intercept.

c. Linguists shall comply with all minimization requirements and regulations.

d. Failure of a Linguist to adhere to these requirements is grounds for immediate removal from that intercept and any future intercepts.

e. A Linguist who has personal knowledge of a target (i.e., the target is a neighbor, acquaintance, relative, etc.), and recognizes any target by name, or becomes aware that the intercepted parties are known to them either during or after minimization shall notify the supervising ICE agent and their own management immediately.

f. A minimization briefing is conducted by the prosecutor and is a meeting that must be attended by the ICE special agents and Monitor/Linguist personnel assigned to a particular case. The prosecutor provides an overview of the case, explains the minimization procedures, describes the types of conversations that the government is authorized to listen to and record, the types of conversations that are “privileged” and cannot be listened to. The prosecutor also explains the difference between pertinent information and non-pertinent information. Linguists must attend the minimization briefing for each new case they are assigned to, regardless of how many cases those Linguists have worked on in the past.

4.7 Source Data

Source data shall be translated from various foreign languages to English. Foreign language fluency and an excellent command of the English language are required.

NOTE: The source data may be poor quality and cannot be enhanced, thereby making it difficult to hear what is being said. There may be loud background noises such as, but not limited to, television, radio or motor traffic.

5.0 Intercept Systems

The following are systems utilized by ICE and Linguists are expected to be familiar with the systems to perform the work requirements:

a. Jatom Systems Incorporated (JSI) VoiceBox Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts.

b. Pen-Link Lincoln Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts.

6.0 Program Management Information Systems (PMIS)

The Contractor shall keep an automated task order entry and tracking system. This system shall have the capability to capture and track the status of a purchase request and subsequent task orders. System access and database content will be made available to the Contracting Officer, the Task Monitor, and other designated officials, upon request. This system shall facilitate the entry, tracking, updating, and status checking of task orders, including invoices and payment information.

7.0 Languages

The Contractor shall provide Linguists fluent in the languages ordered. All Linguists shall be fluent in American Standard English. Under this contract, the government will require, at a minimum, Linguists be fluent in languages specified in the Attachment A entitled “ICE Required Languages.” This list set forth a comprehensive, though not exhaustive list of language, therefore during the life of this contract the Government may also require Linguists to be fluent in languages not specified in Attachment A.

8.0 Language Proficiency

Language proficiency testing in the source language(s) and English is required for all levels of linguists in the four basic communications skills (listening, reading, writing, and speaking).

Evidence of language proficiency testing with acceptable results is required for all linguists prior to assignment. Evidence of language proficiency testing, for all Linguists, with acceptable results from an organization listed herein (below) is required to be submitted to the Contracting Officer and Contracting Officer Representative prior to assignment to an ICE contract. The Contractor is responsible for verifying the language proficiency level of Linguists whose acceptable proficiency testing results are more than five years old. In-house testing by companies that provide linguistics services shall not be accepted. ICE shall not reimburse fees charged for language proficiency testing and/or costs associated with state certification; e.g., training and travel.

The minimum acceptable language proficiency results include:

By the U.S. Government: Members of the Interagency Language Roundtable (Department of State/Foreign Service Institute; Department of Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps; United Nations). A proficiency rating of 3 or above in speaking, listening, reading, writing, and congruity judgment in the source language and a proficiency rating of 3 or above in speaking, listening, reading, writing, and congruity judgment in English is required.

By the Federal Court Interpreters Certification Program: Certification as a Court Interpreter by the Administrative Office of the U.S. Courts is acceptable, but this certification is provided only for Spanish to/from English, Navajo to/from English, and Haitian Creole to/from English.

By the State Courts: Several states have a certification program for court interpreters, while some states have a Registry of Tested Interpreters based on Qualifications Examinations. Persons who pass the Qualifications Examination are eligible to be included in the Registry of Tested Interpreters. Certification or inclusion on the Registry of Tested Interpreters by any of the following members of the Consortium for State Court Interpreter Certification is acceptable proof of language proficiency:

AL -

Alabama

CT -

Connecticut

IA - Iowa

MA –

Massachusetts

MS -

Mississippi

OH - Ohio

AR -

Arkansas

DC –

District of Columbia

ID - Idaho

MD -

Maryland

NC – North Carolina

OK -

Oklahoma

AK - Alaska

DE -

Delaware

IL -

Illinois

ME - Maine NE - Nebraska OR - Oregon

AZ -

Arizona

FL - Florida

IN -

Indiana

MI -

Michigan

NJ – New Jersey

PA -

Pennsylvania

CA -

California

GA -

Georgia

KY -

Kentucky

MN –

Minnesota

NM – New Mexico

RI – Rhode Island

CO -

Colorado

HI - Hawaii

LA -

Louisiana

MO –

Missouri

NV – Nevada SC – South Carolina

TN -

Tennessee

TX - Texas UT - Utah VA - Virginia

WA -

Washington

WI -

Wisconsin

The list above is from the Consortium for State Court Interpreter Certification http://consortium.ncsconline.org/Consort_index.asp

The languages that are certified or tested shall vary depending on each state's requirement.

Certification as a Court Interpreter by the Administrative Office of the U.S. Courts or by the State Courts is acceptable. Any Certified Court Interpreters that are assigned to other linguistic duties under the task order shall be paid at the rate for the labor category to which assigned.

Other acceptable providers of language proficiency testing include the following professional interpreter associations (the list is provided for informational purposes only and does not constitute ICE's endorsement of any of the associations):

ALTA Language Services (ALTA) American Translators Association (ATA) American Council of Teachers of Foreign Languages (ACTFL) Bay Area Court Interpreters California Court Interpreters Association California Federation of Interpreters, Inc.

Central Intelligence Agency (CIA) Defense Language Proficiency Test (DLPT) Defense Language Institute (DLI) Educational Testing Services (ETS) Foreign Service Institute (FSI) National Association of Judiciary Interpreters & Translators Northern California Translators Association Peace Corps Southern California Translators Association Translators and Interpreters Guild

The linguist achieving the maximum proficiency level shall possess the skills of a highly articulate well-educated native speaker, whose translation/interpretation reflects the cultural standard of the country where the language is natively spoken.

9.0 Language Proficiency Waivers

The Government reserves the right to waive the above language proficiency certification requirement if it is determined to be in the best interest of the Government. In each case, the Contractor shall submit a waiver request, along with a justification for the proposed waiver. The waiver request shall be reviewed and approved by the CO and COR. If the waiver is granted, the individual is authorized to perform under that contract call until a fully qualified individual is available or the individual obtains written proof of proficiency at an acceptable level. A waiver shall be valid for a maximum period of 12 months.

10.0 Removal and/or Bar from the Worksite

The government reserves and maintains the absolute right to remove and/or bar any Contractor employee(s) from the project worksite. Issues that could lead to a removal or bar include, but are not limited to:

Unauthorized removal of source documents, source files, or other sensitive information from the worksite

Unauthorized disclosure of sensitive information Unauthorized use of cameras, cell phone cameras in the workplace Unauthorized use of personal storage devices, such as USB drives Excessive transcription errors Poor work habits Failure to follow procedures Loss of ICE clearance

The contractor shall be responsible for all costs related to the replacement of the employee(s) identified for removal. Adequate replacement personnel must be identified within 48 hours.

11.0 Transition Plan

The Contractor shall provide a transition plan to provide the continuity of operations on active intercepts and transcription work that will transition to the new contract. The plan shall take into consideration steps to ensure there is minimal to no disruption to ongoing investigations or wireroom operations.

12.0 Security Requirements

General

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

A. Preliminary Determination

ICE shall 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 shall 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 shall follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the DHS Management Directive 6-8.0.

The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement - Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204- 70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

B. 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 shall perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations shall 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:

a. Standard Form 85P "Questionnaire for Public Trust Positions" Form shall be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (Original and One Copy)

b. Three signed eQip Signature forms: Signature Page, Release of Information and Release of Medical Information (Originals and One Copy)

c. Two FD Form 258, "Fingerprint Card"

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

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

f. 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 Defense Industrial Security Clearance Office (DISCO) or by another Federal Agency may not be required to submit complete security packages, and the investigation shall 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 shall be provided by ICE at the time of award of the contract. Only complete packages shall be accepted by the OPR-PSU. Specific instructions on submission of packages shall be provided upon award of the contract.

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

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

C. 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 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.

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.

D. Required Reports:

The Contractor shall notify OPR-PSU 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.

The Contractor shall report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR, as soon as possible.

Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees' name and social security number, along with the adverse information being reported.

The Contractor shall 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

E. Employment Eligibility

The contractor shall agree that each employee working on this contract shall 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 shall 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 shall not be employed by the Contractor, or with this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract.

F. 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 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 shall be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements

The following computer security requirements apply to both Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) operations. These entities are hereafter referred to as the Department.

G. 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. Technology Security Training and Oversight

All contractor employees using Department automated systems or processing Department 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 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 shall 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).

I. Physical and Environmental Security Controls (PE)

PE-2 Physical Access Authorization

The contractor:

a) Develops and keeps current a list of personnel with authorized access to the facility where the information system resides (except for those areas within the facility officially designated as publicly accessible);

b) Issues authorization credentials;

c) Reviews and approves the access list and authorization credentials [annually], removing from the access list personnel no longer requiring access.

PE-3 Physical Access Control

a) The contractor:

1. Enforces physical access authorizations for all physical access points (including designated as publicly accessible);

2. Verifies individual access authorizations before granting access to the facility;

3. Controls entry to the facility containing the information system using physical access devices and/or guards;

b) Controls access to areas officially designated as publicly accessible in accordance with the contractor’s assessment of risk;

c) Secures keys, combinations, and other physical access devices;

d) Inventories physical access devices [daily]; and

e) Changes combinations and keys [combinations are changed annually, keys are changed when someone is terminated or leaves voluntarily] and when keys are lost, combinations are compromised, or individuals are transferred or terminated

PE-4 Access Control for Transmission Medium

The contractor controls physical access to information system distribution and transmission lines within the contractor’s facilities.

PE-5 Access Control for Output Medium

The contractor controls physical access to information system output devices to prevent unauthorized individuals from obtaining the output.

PE-6 Monitoring Physical Access

The contractor:

a) Monitors physical access to the information system to detect and respond to physical security incidents;

b) Reviews physical access logs [Quarterly]; and

c) Coordinates results of reviews and investigations with the contractor’s incident response capability.

PE-7 Visitor Control

The contractor controls physical access to the information system by authenticating visitors before authorizing access to the facility where the information system resides other than areas designated as publicly accessible.

PE-8 Access Records

The contractor:

Maintains visitor access records to the facility where the information system resides (except for those areas within the facility officially designated as publicly accessible); and reviews visitor access records [daily].

PE-18 – Location of Information System Tenants

The contractor positions information system components within the facility to minimize potential damage from physical and environmental hazards and to minimize the opportunity for unauthorized access.

PE-18 Control Enhancement

The contractor plans the location or site of the facility where the information system resides with regard to physical and environmental hazards and for existing facilities, considers the physical and environmental hazards in its risk mitigation strategy.

13.0 Work Hours

The contractor will be required to provide services in accordance with the delivery schedule set forth in each requirement. If the service is to be provided in a contractor facility, the contractor will establish its own work schedule in order to meet the Government’s delivery requirements. If the service is to be provided in a Government facility, the contractor will comply with the work hours of the facility in preparing its schedule. In some instances, Title III Intercepts require around-the-clock monitoring for indefinite periods. In those instances, the contractor may be required to provide personnel to perform services for various periods up to and including 24 hours per day, 7 days per week.

Overtime may be required. If overtime is required, the contractor will be notified as soon as possible and as determined by the ICE field office designee. Except for emergencies, prior authorization shall be obtained from the COR before performance. In the case of an emergency, the COR will be notified within 24 hours of the requested overtime. Overtime will be charged in accordance with Department of Labor rules and regulations. The Contractor shall perform under this contract so far as practicable without using overtime except when lower overall costs to the

Government shall result or when it is necessary to meet urgent program needs. Overtime premiums at Government expense will not be approved when the Contractor is already obligated, without the right to additional compensation, to meet the required delivery or performance schedule. The Government will not pay overtime premiums for exempt Contractor personnel.

13.0 Government Holidays

Federal Holidays.

Holidays in each calendar year are identified as follows:

New Year’s Day, January 1;

Martin Luther King’s Birthday, the third Monday in January;

Washington’s Birthday, the third Monday in February;

Memorial Day, the last Monday in May;

Independence Day, July 4, Labor Day, the first Monday in September Columbus Day, the second Monday in October Veteran’s Day, November 11;

Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25.

In addition to federal holidays, the Government facility may be closed for other reasons, to include:

EXECUTIVE ORDER CLOSURE: Federal Government offices excusing Federal employees from reporting for duty.

BAD WEATHER DAYS: Federal employees instructed not to report to work due to inclement weather conditions.

BUILDING CLOSURES: Federal Government employees instructed to vacate the building due to emergency repairs, inhabitable conditions or threat of possible security.

Based on the needs of the specific requirement, the Government may require the contractor linguist to work even though the Government facility is closed. The linguist must contact the requirement’s point of contact to determine if the employee should report to work. The Government is only obligated to pay for hours actually worked under the requirement; therefore, it is the contractor’s responsibility to determine if its employee will be compensated for days when the employee is not required to work due to a Government facility closure or Federal holiday.

14.0 Travel

Travel may be required in connection with the activities of this contract. Prior to traveling, the contractor shall provide to the Project Supervisor the travel dates, itinerary, and purpose for COR approval. Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. Contractors will submit proof of travel documentations along with the invoices for reimbursement. All travel will be reimbursed in accordance with the provisions and rates contained in the Federal Travel Regulations (FTR). General and administrative fees shall not be reimbursed.

The contractor shall not be reimbursed for transportation expenses of assigned personnel for local commuting and parking between their place of residence and their place of work.

The Contractor shall not be reimbursed for administrative fees for processing travel claims.

15.0 Post Award Orientation Meeting

The Contractor shall plan, schedule and attend a post award orientation meeting at a location specified by the COR within 5 days after award. The purpose of the meeting shall be to become familiar with the work requirements, deliverables, and other information applicable to performance of the PWS.

16.0 Organizational Conflict of Interest and Non-Disclosure.

The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in Federal Acquisition Regulation (FAR) Subpart 9.5, or that the Contractor has disclosed all such relevant information in writing to the Contracting Officer.

The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the COR and Contracting Officer no later than three working days after discovery of the conflict. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate or neutralize the actual or potential conflict.

ICE may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware or should have been aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

The contractor further agrees to insert provisions, which shall conform substantially to the language of this section, in any subcontract or consultant contract hereunder.

Any information made available to the contractor or its employees by the Government shall be used only for the purpose of carrying out the provisions of this contract. The contractor and its employees shall not divulge or release data or information developed or obtained in performance of this effort, except to authorize Government personnel or upon written approval of the Contracting Officer. The contractor and its employees shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort.

All contractors, to include linguists, shall be required to sign a DHS Non-Disclosure statement.

17.0 Unauthorized Commitments

If designated in writing, the COR is authorized by the Contracting Officer to perform as a technical liaison between the Contractor and the Contracting Officer for routine technical matters and general program direction within the scope of the contract. Under no circumstances is the COR authorized to effect any changes in the work required under this contract whatsoever or enter into any agreement that has the effect of changing the terms and conditions of this contract or that causes the Contractor to incur any cost. The COR will not supervise, direct or control Contractor employees.

Notwithstanding this provision, to the extent the Contractor accepts any direction that constitutes a change of this contract without prior written authorization of the Contracting Officer; costs incurred in connection therewith are incurred at the sole risk of the Contractor and if invoiced under this contract may be disallowed.

Whenever, in the opinion of the Contractor, the COR requests efforts beyond the terms of the contract, the Contractor shall so advise the Contracting Officer. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately in writing. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim.

18.0 Data Rights

Under the provisions of the Rights in Data General Clause (52.227-14), the Government reserves all rights, including copyrights, distribution rights, and other rights for all documents, data or software developed in the performance of this contract.

END OF PERFORMANCE WORK…