HSHQDC-16-R-00147_Attachment_A.pdf

HSHQDC-16-R-00147 Environmental Consulting Services

Attachment A

SUPPLIES OR SERVICES AND PRICE/COSTS

1 Contract Line Item Numbers and Price Base Period – September 23, 2016 – September 22, 2017

CLIN Description Estimated Quantity Unit Unit Price Total Price

0001 Environmental Health and Safety Consultant 350 Hours

0002 Travel NTE 1 LO $20,000.00 $20,000.00 Total Base Period

Option Period One – September 23, 2017 – September 22, 2018

CLIN Description Estimated Quantity Unit Unit Price

Total Price

1001 Environmental Health and Safety Consultant 350 Hours

1002 Travel NTE 1 LO $20,000.00 20,000.00

Total Option Period One

Option Period Two – September 23, 2018 – September 22, 2019

2001 Environmental Health and Safety Consultant 350 Hours

2002 Travel NTE 1 LO $20,000.00 20,000.00

Total Option Period Two

Option Period Three – September 23, 2019 – September 22, 2020

3001 Environmental Health and Safety Consultant 350 Hours

3002 Travel NTE 1 LO $20,000.00 20,000.00

Total Option Period Three

Option Period Four – September 23, 2020 – September 22, 2021

4001 Environmental Health and Safety Consultant 350 Hours

4002 Travel NTE 1 LO $20,000.00 20,000.00

Total Option Period Four

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2 Travel

The Contractor is required to travel to support this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. Time-in-travel costs are not reimbursable. The Contractor shall be responsible for obtaining the Contracting Officer’s Representative (COR) approval (electronic e-mail is acceptable) for all reimbursable travel in advance of each travel event. The Contractor shall also submit by email within 30 days to both the COR and the DHS Invoicing Team an invoice for work and travel performed. The invoice shall include required information outlined in the contract. Failure to submit a timely invoice may result in reimbursement and payment delays.

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STATEMENT OF WORK

1 BACKGROUND

The U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL), is responsible for investigating complaints filed pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1, alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials. CRCL’s Compliance Branch is responsible for investigating these complaints. CRCL is also charged with overseeing compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by DHS programs and activities.

2 SCOPE

2.1 The purpose of this contract is to obtain program support services from an environmental health and safety subject matter expert to assist the Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL). The selected subject matter expert primarily will assist CRCL in conducting investigations into conditions in immigration detention, and will involve preparing documents, providing training, and other related functions. The expert will serve as a consultant on other CRCL matters related to conditions of detention, including reviews initiated by DHS leadership, substantive work groups, and other activities as requested.

2.2 Program support services are required to evaluate complaints received and to oversee compliance with constitutional, statutory, regulatory, policy, and other requirements as authorized under 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1. The expert will provide assistance related to activities within CRCL’s authority, including but not limited to research, analysis, and/or development of system-wide standards, policies, procedures, and training. Services include, but are not limited to, conducting reviews of DHS facilities, providing training related to their areas of expertise, and other activities and projects related to conditions of detention concerns, as tasked by CRCL, such as participating in work groups, developing or presenting briefings, and preparation of documents. In particular, the expert will prepare detailed reports regarding their observations and findings, and provide recommendations based on applicable correctional standards. The subject matter expert will be expected to write detailed, thorough, and effective reports summarizing their findings, conclusions, and recommendations.

3 REQUIREMENTS/TASKS

3.1 The Contractor shall review, evaluate and report on conditions of detention issues and advise CRCL on how Department policies and practices impact various issues involving immigration detention facilities.

3.2 The Contractor personnel shall document their findings and recommendations in well written, comprehensive reports for each investigation or assignment. The Contractor personnel shall collaborate with CRCL as necessary to make edits to the written reports in order to fulfill CRCL’s needs, goals, and requirements.

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3.3 The Contractor personnel shall provide CRCL with guidance on various civil rights or civil liberties issues related to environmental health and safety practices upon request, whether related to a CRCL investigation, or related to a broader CRCL issue or area of work. The Contractor personnel shall provide such guidance, whether planned or ad hoc, by telephone, email, formal report, or in person, as requested by CRCL. The guidance shall include, but not be limited to, discussions and assessments of individual cases, findings from onsite investigations, discussion of policies and practices, and any other relevant information that may arise during the course of an investigation.

4 CONTRACTOR PERSONNEL

Environmental Health and Safety Consultant

4.1 Qualified Personnel

The Contractor shall provide qualified personnel to perform the requirements specified in this Statement of Work.

4.2 MINIMUM REQUIREMENTS FOR AN ENVIRONMENTAL HEALTH AND

SAFETY CONSULTANT.

4.2.1 The Contractor shall have a Bachelor’s Degree in correctional management – or, in lieu of a Bachelor’s degree in correctional management, a Master’s degree or other graduate degree in the related field.

4.2.2 The Contractor shall preferably have at least 10 years hands-on experience, including five years of management experience, in a correctional facility.

4.2.3 The Contractor shall have experience investigating, auditing, or otherwise evaluating correctional and detention facilities for violations of correctional standards.

4.2.4 The Contractor shall be able to research and analyze system-wide correctional policies and practices.

4.2.5 The Contractor shall be experienced in objectively critiquing the treatment provided by other correctional officials within correctional and detention facilities.

4.2.6 The Contractor shall be familiar with and have experience applying the American

Correctional Association Standards and other applicable standards.

4.2.7 The Contractor shall have experience with or exhibit the ability to work with the ICE National Detention Standards, and other related immigration-based detention policies and procedures. Experience with the DHS National Detention Standards are not necessary, but are helpful and will be evaluated accordingly.

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4.2.8 The Contractor shall have demonstrated knowledge and experience with the history, policies and protocol of correctional standards in correctional facilities and be apprised of recent trends and information in the area correctional services.

4.2.9 The Contractor shall have demonstrated experience reviewing and evaluating correctional facilities and exhibit the ability to review and evaluate the federal immigration detention system.

4.2.10 The Contractor personnel shall have experience formulating recommendations or other steps to address violations identified as part of an investigation or other type of inquiry.

4.2.11 The Contractor shall have experience producing written reports that evaluate correctional standards, systems and actions present in detention facilities. This shall include analysis of and application of standards and policy.

4.2.12 The Contractor shall have demonstrated ability to produce comprehensive reports that are well-written, clear, and cite relevant resources. Reports must be written in Microsoft Word and be submitted by email under strict deadlines and in accordance with formatting criteria. The contractor will work with CRCL to edit reports and required documentation.

4.2.13 The Contractor personnel must have demonstrated experience showing they are able to review large amounts of documentary evidence in short timeframes and provide oral briefings, written reports, or training, as needed.

4.2.14 The Contractor personnel must be able to travel to various locations nationwide to perform onsite investigations for several consecutive days, and work efficiently and cooperatively under the direction of CRCL personnel.

4.3 EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

4.4 EMPLOYEE CONDUCT.

Contractor employees shall comply with all applicable government regulations, policies, and procedures (e.g. fire, safety, sanitation, environmental, protection, security, “off limits” areas, and possession of weapons) when visiting or working at government facilities. The Contractor shall ensure a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security.

4.5 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS.

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4.5.1 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 this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to end services.

4.5.2 The Contractor shall not employ any person under this Task Order who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the Contracting Officer and Contracting Officer's Technical Representative by telephone and in writing within 72 hours when a conflict of interest arises during the course of carrying out the duties of this Task Order.

4.6 CONFLICT OF INTEREST

The Contractor shall not employ any person under this Task Order who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the Contracting Officer and Contracting Officer's Representative (COR) by telephone and in writing within 72 hours when a conflict of interest arises during the course of carrying out the duties of this Task Order.

5 PERIOD OF PERFORMANCE

The period of performance for this contract is one year from date of award plus four 12- month option periods.

6 POST AWARD MEETING.

The Contractor shall participate in a Post Award Meeting with the Contracting Officer and the COR no later than five (5) business days after the date of award. The purpose of the Post Award Meeting is to discuss the contracting objectives of this contract. The Post Award Meeting will be held at the Government’s facility or via teleconference or conference call.

7 PROGRESS REPORTS.

The Project Manager (Contractor) shall provide progress reports as needed to the Contracting Officer and COR via electronic mail. This report shall include a summary of all Contractor work performed, including an assessment of technical progress, written and analytical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous reporting period.

8 PROGRESS MEETINGS.

The Contractor shall be available to meet with the COR or CRCL POC upon request to present deliverables, discuss progress, exchange information and resolve emergent problems and issues.

These meetings shall take place at the Government’s facility or via telephone or email.

9 GENERAL REPORT REQUIREMENTS.

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS Microsoft Office applications.

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10 INTELLECTUAL PROPERTY.

All reports generated, documentation produced and research conducted in the performance of this requirement shall be the property of DHS.

11 PROTECTION OF INFORMATION.

Contractor access to information protected under the Privacy Act is required under this contract.

Contractor access to unclassified Security Sensitive Information and Law Enforcement Sensitive information will be required under this contract. This documentation will be provided to the Contractor in person, by mail, or by email. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

12 GOVERNMENT FURNISHED RESOURCES.

The Contractor will be furnished with Security Sensitive information for review and analysis.

This documentation will be provided to the contractor in person, by mail courier, or by email.

The Contractor shall safeguard this information against unauthorized disclosure or dissemination.

13 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in Section 1.20 of this Statement of Work.

14 DELIVERABLES.

The Contractor personnel shall provide CRCL with written reports, oral briefings, guidance, and support for civil rights and civil liberties investigations. Reports shall contain the following elements at a minimum:

1) The contractor’s statement of qualifications;

2) Method of review;

3) Observations/findings;

4) Analysis, including evaluation of relevant standards;

5) Recommendations; and

6) Citations and references to relevant policies, procedures, and guidelines.

The Contractor may be asked to provide less formal documentation or verbal reports.

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ITEM SOW DELIVERABLE / EVENT DUE BY

1 1.14 Post Award Meeting 5 business days of date of award.

2 1.16 Progress Reports 3 business days following request.

3 1.6 Draft Investigative Reports

COR CHECKPOINT

Within 10 business days of receipt of assignment: Contractor will submit draft to COR and assigned CRCL POC for review.

The Contractor and CRCL will discuss the draft report to ensure its accuracy. CRCL will furnish comments and edits to Contractor who will be responsible for making changes to the draft.

The COR must be copied on all assignment correspondence.

4 1.6 Oral Briefings and Ad Hoc Reports or Project-related work

COR CHECKPOINT

Due date to be determined by COR and/or assigned CRCL POC and Contractor.

5 1.6 Edits to Reports and Documents 5 business days after receipt of government comments.

15 PLACE OF PERFORMANCE

The primary place of performance shall be the contractor’s office or place of residence. The Contractor shall also perform work onsite at locations to be determined by CRCL.

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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

Request for Proposal Page 10 of 15 mailto:officeofsecurity@hq.dhs.gov 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.

16 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 Proposal Page 11 of 15 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.

17 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.

18 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

19 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 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

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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.

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

Request for Proposal Page 13 of 15 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”

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

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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.

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