HSHQDC-16-R-00127_Amendment_1.pdf

HSHQDC-16-R-00127 Investigative Support Services

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Attachment A

SUPPLIES OR SERVICES AND PRICE/COSTS

CLIN Description Estimated Quantity Unit Unit

Price Total Price

0001 Compliance Support Investigator 1880 Hours 0002 Program Manager 6 Hours 0003 Surge Support (optional task)

Compliance Support Investigator 5640 Hours

0004 Travel (optional line item) 2 Trips

Total Base Period

1001 Compliance Support Investigator 1880 Hours 1002 Program Manager 6 Hours 1003 Surge Support (optional task)

Compliance Support Investigator 5640 Hours

1004 Travel (optional line item) 2 Trips

Total Option Period 1

2001 Compliance Support Investigator 1880 Hours 2002 Program Manager 6 Hours 2003 Surge Support (optional task)

Compliance Support Investigator 5640 Hours

2004 Travel (optional line item) 2 Trips

Total Option Period 2

Travel The Contractor may be required to travel within the Washington, DC Metropolitan area or to other DHS Component locations within a fifty mile radius. The Government will not reimburse local travel.

Travel outside the local commuting area is not anticipated; however, should travel outside the local commuting area become required, it must be authorized in advance by written approval of the COR prior to travel. The Contractor shall be reimbursed for travel in accordance with the Federal Travel Regulations (FTR).

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STATEMENT OF WORK

1 BACKGROUND

The Department of Homeland Security (DHS), Office of the Secretary, Office for Civil Rights and Civil Liberties (CRCL) supports the Department's mission to secure the nation while preserving individual liberty, fairness, and equality under the law. CRCL integrates civil rights and civil liberties into all of the Department activities by promoting respect for civil rights and civil liberties in policy creation and implementation by advising Department leadership and personnel, and state and local partners; communicating with individuals and communities whose civil rights and civil liberties may be affected by Department activities, informing them about policies and avenues of redress, and promoting appropriate attention within the Department to their experiences and concerns; investigating and resolving civil rights and civil liberties complaints filed by the public, regarding Department policies or activities, or actions taken by Department personnel; and leading the Department's equal employment opportunity programs and promoting workforce diversity and merit system principles.

The Compliance Branch, within the Programs and Compliance Section of CRCL, reports directly to the Deputy Officer for Programs and Compliance. The Branch, pursuant to CRCL’s statutory authority under 6 U.S.C. § 345 and 42 U.S.C. § 2000ee-1, the Office for Civil Rights and Civil Liberties (CRCL) reviews and assesses information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department of Homeland Security.

Contract Compliance Support Investigators are responsible for assisting in the review and investigation of allegations of civil rights or civil liberties related to a DHS program or activity.

These complaints are non-Employment related and EEO investigators will not have the necessary skills to fulfill the job duties. Examples include allegations from the public involving discrimination based on race, ethnicity, national origin, religion, gender, or disability by DHS or a DHS program. Subject matter covered in the investigations involves the areas of immigration detention and immigration enforcement; security screening; law enforcement or intelligence operations; racial profiling and/or discrimination; inappropriate questioning related to entry to the United States; inappropriate use of force, due process violations, such as the right to timely notice of charges or access to legal representation; violations of the Violence Against Women Act (VAWA) confidentiality requirements; and other allegations of civil rights or civil liberties related to a DHS program or activity. Important experience to have includes one or more of the following; Constitutional application of civil rights law and policy, such as 1st Amendment civil right applications,;4th Amendment civil rights applications; experience with pre-trial or post-conviction detention or immigration detention; and/or, knowledge of immigration law at the border.

CRCL’s Compliance Branch experienced a 72% increase in civil rights complaints opened from FY 14 to FY15 as well as a 170% increase in correspondence processed during this period. The significant increase in the volume of complaint related correspondence has placed an increased burden on administrative staff, resulting in the need for contractors to assist in the timely processing of the resulting complaints.

http://www.dhs.gov/xabout/structure/editorial_0481.shtm http://uscode.house.gov/download/pls/42C21E.txt

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Additionally, the Compliance Branch has been asked to participate in additional work at the behest of DHS leadership. This additional work requires assistance from contractors in order to free policy advisors to perform the requested tasks. For example, CRCL has been tasked with preforming family detention reviews as well as working on other detention-related matters that require investigations and results on a quick timeline. The proposed contractors would provide the support needed to ensure these projects occur timely and thoroughly by CRCL.

2 SCOPE

The purpose of this requirement is to obtain Contractor Investigative Support Services for Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL).

Services will be utilized within CRCL’s Compliance Branch, contractors will work under the direction of senior staff members.

3 REQUIREMENTS/TASKS

3.1 Civil Rights and Civil Liberties Investigations

3.1.1 The contractor shall analyze non-employment related complaints, develop investigative plans, assist in the conducting of investigations, and provide written and oral briefings to CRCL staff concerning allegations of abuse of civil rights, inappropriate use of force, violations of rights involving immigration detention or immigration enforcement, civil liberties and profiling on the basis of race, ethnicity, or religion by employees and officials of the Department of Homeland Security (DHS).

3.1.2 The contractor shall assist the Branch Director, Branch Deputy Directors, and Policy Advisors, with aspects of handling non employment based complaints concerning abuse of civil rights, civil liberties, excessive use of force and profiling on the basis of race, ethnicity, or religion by employees and officials of DHS.

3.1.3 The contractor shall process complaints and present them for review by senior staff members. When assigned a matter, the contractor shall manage, and investigate, assigned complaints under the guidance of Compliance federal employees.

3.1.4 The contractor shall apply investigative skills to active investigations, including, but not limited to, interviewing techniques, interpersonal skills, document reviews, and report preparation.

3.1.5 The contractor shall analyze and apply relevant civil rights laws and regulations to identify the relevance and weight of facts to complete investigations.

3.1.6 The contractor shall analyze and apply relevant DHS laws, policies, procedures, and regulations to identify the relevance and weight of facts to complete investigations.

3.1.7 As directed by Compliance Branch staff, the contractors shall provide written and oral briefings to Compliance Branch management and staff, write detailed draft letters and memoranda for leadership review, approval and signature, and assist Compliance Branch staff in writing final reports and recommendations.

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3.1.8 The contractor shall assist the CRCL, Compliance Branch leadership and staff in compiling necessary information on complaint activity to meet quarterly and annual reporting requirements.

3.1.9 The contractors must be able to work perform work as requested by the Compliance Branch leadership in a timely and through manner, and will be monitored throughout this work by Compliance Branch staff members or leadership.

3.2 Surge Support (Optional Task)

The Contractor shall have the capability to fulfill short-term (surge) DHS organizational requests for support to assist in the task areas above. These tasks are optional and will only be initiated if required post award. In order to meet this need, the Contractor shall maintain a pool of appropriately DHS vetted qualified resources. These resources shall be provided on a level-of-effort basis, where time charged against these activities is provided on a labor-hour basis.

4 CONTRACTOR PERSONNEL

4.1 Qualified Personnel

The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this SOW. The contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the government’s specifications and requirements. The work history of each contractor employee must contain experience directly related to work he/she is required to perform under this contract.

The Government reserves the right, during the life of this order, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements;

additionally, the government reserves the right to review and approve resumes of contractor personnel designated as Key Personnel on this contract.

4.2 Key Personnel

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The following Contractor personnel are designated as Key for this requirement:

4.2.1 Project Manager

The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this SOW. The Project Manager shall be a single point of contact for the Contracting Officer and the Contracting Officer’s Representative (COR). It is anticipated that the Project Manager shall be one of the senior level employees provided by the Contractor for this work effort. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to

Request for Quotation Page 5 of 14 work performed under this contract. The Contractor shall not replace the Project Manager without prior written acceptance from the COR.

4.2.2 Compliance Support Investigator

The Contractor shall provide Compliance Support Investigators who possess a practical knowledge of the American legal system and justice issues, including Federal and state civil rights and civil liberties laws, regulations, policies, and precedents as they apply to homeland security, information sharing, the intelligence community, and law enforcement programs and initiatives.

Compliance Support Investigators shall also have a practical knowledge of Federal government structure and processes, and an understanding, of relevant constitutional, statutory, and regulatory provisions. Important experience to have includes one or more of the following;

Constitutional application of civil rights law and policy, such as 1st Amendment civil right applications; 4th Amendment civil rights applications; experience with pre-trial or post-conviction detention or immigration detention; and/or, knowledge of immigration law at the border.

Minimum Experience:

• At least three years of related investigation and/or legal experience.

• Demonstrated experience with civil rights, criminal and/ or immigration law, policies, and or procedures.

• Experience with or exhibit the ability to work with the Department of Homeland

Security, Immigration and Customs Enforcement (ICE) Performance Based National Detention Standards, other related immigration detention policies and procedures, fourth amendment protections, and complaints related to the inappropriate use of force.

• Business writing and analytical experience

The Contractor shall not replace the Compliance Support Investigator without prior written acceptance from the COR.

5 REPORTING REQUIREMENTS

5.1 CRCL Complaint Support Investigator Reports

The Contractor shall provide draft complaint initiation documents which include draft complaint short form information requests and draft complaint referred and retained documents via electronic media (Microsoft Word format), within ten (10) days the standards set by the office.

Following receipt of information needed to adequately investigate the factual allegations found in the complaint, the contractor shall provide the required analysis, including a summary of investigation or an analysis of a Report of Investigation, draft complaint close memorandum or draft complaint close letters, to the designated official within the timelines applicable to the Compliance Branch policy advisors, unless an extension is granted by the Compliance Branch Director, or designee. This includes, draft letters, reports and memoranda unless an extension is granted by the Compliance Branch Director, or designee. All reports will comport with provided templates and will be clear, accurate, concise, and address all necessary issues.

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All information shall be submitted to the designee via email, in electronic media (Microsoft Word format), for draft/editable documents; and pdf format for other documents, except in the case of video files, which shall be submitted in the file format most convenient for the government.

5.2 Supporting Documentation

The Contractor shall provide the DHS HQ Compliance Branch with all documents created as part of this contract.

5.3 Project Plan

The Contractor shall provide a draft Project Plan at the Kick-Off Meeting. The final Project Plan shall be provided to the COR within 5 days of the draft Project Plan approval. The Project Plan shall include

5.4 Progress Reports

The Contractor shall provide a weekly progress report to the COR via electronic mail. The Progress Report shall include a summary of all Contractor work performed, including an assessment of technical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the reported period.

6 PERIOD OF PERFORMANCE

The period of performance for this contract is a base period of twelve (12) months, and includes two, 12-month option periods.

7 DELIVERABLES

The Contractor shall ensure and the Government will review all draft and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws, and directives. Written documents shall be concise and clearly written.

Final documentation deliverables shall be provided in electronic 508 accessible format, hard and soft copy using MS Office products as specified below. Daily, weekly, interim, informal deliverables and working-copy products may be provided by e-mail or disk, as arranged.

The Government will have ten (10) business days to accept or reject contract deliverables. If a deliverable is rejected and returned to the Contractor for revision, the Contractor shall provide the corrected deliverable within (5) five to (10) ten business days of notification of the request for revision, depending on the timeframe specified by the COR. An e-mail will be sent to the Contractor when a deliverable has been rejected or the reasons for non-acceptances. The COR may reject or require correction of any deliverable unless directed otherwise by the CO.

All Deliverables shall be submitted to the COR identified in this contract. A copy of the Monthly Status Report shall be submitted to the COR, PM, and CO.

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ITEM SOW DELIVERABLE / EVENT DUE BY

1 • Draft Complaint Close Memorandum

• Draft Complaint Close Letters

Within 15 days of receipt of closing information and documentation

2 • Draft Complaint Short Form Information Requests Within 10 days of receipt of investigation information

3 • Draft Complaint Referred and Retained Documents Within 10 days of receipt of investigation information

4 Weekly Progress Reports Weekly. NLT 5pm EST on Mondays.

5 Project Plan Concurrent with the Kick-Off Meeting

8 PLACE OF PERFORMANCE

The primary place of performance will be the DHS HQ Compliance Branch office located in Washington DC. In addition, the Contractor may be directed by the HQ Compliance Branch to visit other DHS Offices within the metro DC area.

9 HOURS OF OPERATION

Contractor employees shall generally perform all work between the hours of 8:00 AM and 5:00 PM EST, Monday through Friday (except Federal Holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours to fulfill requirements under this SOW.

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SPECIAL CONTRACT REQUIREMENTS

1 CONTRACTOR PERSONNEL SECURITY CLEARANCE REQUIREMENT

All contractor and subcontractor personnel are required to complete a suitability/background investigation with the DHS Office of Security, Personnel Security Division.

The procedures outlined below shall be followed for the DHS Office of Security, Personnel Security Division (PSD) to process suitability/background investigations and suitability determinations, as required, in a timely and efficient manner.

Carefully read the security clauses in the contract. Compliance with the security clauses in the contract is not optional.

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, requiring 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 suitability/background investigation to be conducted. All suitability/background investigations will be processed through the DHS Office of Security Office/PSD. Prospective Contractor employees shall submit the following completed forms to the DHS Office of Security Office/PSD. The Standard Form (SF) 85P will be completed electronically, through the Office of Personnel Management’s e-QIP SYSTEM.

The completed forms must be given to the DHS Office of Security Office/PSD no less than thirty

(30) days before the start date of the contract or thirty (30) days prior to entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

a) Standard Form (SF) 85P, “Questionnaire for Public Trust Positions”

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

c) DHS Form 11000-6 “Conditional Access To Sensitive But Unclassified Information

Non-Disclosure Agreement”

d) DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act”

Only complete packages will be accepted by the DHS Office of Security/PSD. Specific instructions on submission of packages will be provided upon award of the contract.

DHS may, as it deems appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow. A favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to government facilities or information, at any time during the term of the contract. No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the DHS Office of Security/PSD.

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Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings and nonrecurring meetings in order to begin transition work.

The DHS Office of Security/PSD shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (COR) all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to whom it was issued and the last known location and disposition of the pass or card.

When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated suitability/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).

2 SECURITY OFFICE CONTACT

Office of Security/PSD Customer Service Support Washington, DC 20528 Telephone: (202) 447-5010 E-mailbox: officeofsecurity@hq.dhs.gov

3 NON-DISCLOSURE AGREEMENT

The Contractor shall submit an executed Non-Disclosure Agreement (Attachment A) for each individual performing under this contract. The Contractor shall submit copies of the Non- Disclosure Agreement to the Contracting Officer and COR prior to an individual beginning performance under this contract.

4 GOVERNMENT FURNISHED RESOURCES

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract.

Work will be performed at the Government’s site. The Government will provide Contractor personnel with the following resources: work space, computers/laptops, telephones, access to printers, access to photocopiers, and access to scanners.

The Government furnished facilities, property, equipment and supplies issued to the Contractor shall only be used for work under this contract. The Contractor shall be responsible for returning mailto:officeofsecurity@hq.dhs.gov

Request for Quotation Page 10 of 14 all Government furnished facilities, property, and equipment in good working condition, subject to normal wear and tear.

5 DISCLOSURE OF INFORMATION

Information furnished under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when DHS or the Government determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 USC 641.

6 NON-PERSONAL SERVICES

The services required under the contract constitute professional support services, which are essential to the mission but not otherwise available within. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that have the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the Contracting Officer immediately.

These services shall not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

6.1 Employee Identification

Contractor employees visiting Government facilities shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as contractors when

Request for Quotation Page 11 of 14 their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

All Contractor employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages.) and display the Government-issued badge in plain view above the waist at all times.

6.2 Employee Conduct

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the DHS. The Project Manager shall ensure Contractor employees understand and abide by DHS established rules, regulations, and policies concerning safety and security.

6.3 Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

7 OTHER APPLICABLE CONDITIONS

7.1 Security

1.1.1 Protection of Information

Contractor access to sensitive but unclassified information is required under this SOW.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information. The Contractor shall ensure that all Contractor personnel having access to business or procurement-sensitive information sign a non-disclosure agreement (DHS Form 11000-6).

1.1.2 Contractor Employee Access

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

a) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure

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Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

b) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal

c) Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and

Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

d) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and,

e) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

“Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

a) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Representative (COR) will arrange, and complete any nondisclosure agreement furnished by DHS.

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b) The contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

c) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

d) Contractor access will be terminated for unauthorized use. The contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

• Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

• The individual must be a legal permanent resident of the U.S. or a citizen of Ireland, Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by the Department of State;

• There must be a compelling reason for using this individual as opposed to a U.S.

citizen; and

• The waiver must be in the best interest of the Government.

e) Contractors shall identify in their proposals the names and citizenship of all non-U.S.

citizens proposed to work under the contract. Any additions or deletions of non-U.S.

citizens after contract award shall also be reported to the contracting officer.

1.1.3 Personal Identification Verification (PIV) Credential Compliance

Authorities:

• HSPD-12 “Policies for a Common Identification Standard for Federal Employees and Contractors”

• OMB M-11-11 "Continued Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors"

• OMB M-06-16 “Acquisition of Products and Services for Implementation of HSPD-12”

• NIST FIPS 201 “Personal Identity Verification (PIV) of Federal Employees and Contractors”

• NIST SP 800-63 “Electronic Authentication Guideline”

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OMB M-10-15 “FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management”

Procurements for products, systems, services, hardware, or software involving controlled facility or information system shall be PIV-enabled by accepting HSPD-12 PIV credentials as a method of identity verification and authentication.