SOW

October 2011

STATEMENT OF WORK

Protective Security Force Service Requirements

Federal Protective Service

U.S. Department of Homeland Security

OCTOBER 2011

Protective Security Force Service Requirements Table of Contents

1 Introduction

5.4.6 Issued Clearances

1.1 General Information

1.2 Federal Protective Service

1.3 Acronyms

1.4 Federal Management Regulations and Other Applicable Documents

1.5 Security Guard Information Manual (SGIM)

2 Contract Transition

2.1 Phase-In

2.2 Phase-Out of Contract and Continuity of Services

2.3 Conferences and Meetings

3 Plans

3.1 General

3.2 Transition Plan

3.3 Training Plan

3.4 Quality Control Plan

3.5 Contingency and Continuity of Operations (COOP) Plan

4 Authority and Jurisdiction, Permits, Licenses, and Adherence to Laws

4.1 General Information

4.2 State and Local Requirements

4.3 Carriage of Licenses and Permits

4.4 Licensing Fees

5 Qualifications of Personnel

5.1 General Information

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.2 Medical Standards

5.2.3 Physical Demands

5.2.4 Initial and Recurring Screening for Illegal Drugs

5.2.5 Government-Requested Screening

5.3 Suitability

5.3.1 Suitability Requirements

5.3.2 Suitability Determination

5.3.3 Entry on Duty Decision

5.3.4 Unfavorable Determination

5.3.5 Favorable Determination

5.4 Security Clearances

5.4.1 General Information

5.4.2 Security Clearance Requirements

5.4.3 Determinations of Clearance for Individuals

5.4.4 Interim Personnel Clearance Level

5.4.5 Denied Clearances

6 Training

6.1 General Information

6.2 Training Schedule

6.3 Training Certifications

6.4 Training Requirements by Position

6.4.1 Protective Security Officers

6.4.2 Supervisory PSOs

6.5 Written Examination

6.6 Weapons Training and Qualification

6.6.1 General Information

6.6.2 Initial Firearms Training

6.6.3 Initial and Semi-Annual Firearms Qualification

6.6.4 Transitional Weapon/Weapon Platform Change

6.6.5 Non-Qualification Requirements

6.6.6 Initial and Refresher Less-Than-Lethal Weapons Training

6.7 Government-Provided Training

6.7.1 Scheduling of Government-Provided Training and Testing

6.7.2 Orientation Training

6.7.3 Screener Training

6.8 First Aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED) Training

6.9 Other Special Training

7 Documentation Requirements

7.1 File Creation

7.2 Electronic Certifications

7.3 Personnel Filing System

7.3.1 Organization of Files

7.3.2 Audit of Personnel Files

8 Waivers and Deferments

8.1 General Information

8.2 Medical Standards

8.3 Testing Procedures

8.4 Adjudication and Clearance Requirements

8.5 Permanent Waivers

9 Required Services

9.1 Order of Precedence

9.2 Post Orders

9.3 Typical Duties

9.4 Access Control Posts

9.5 Visitor Processing Posts

9.6 Screening Posts

9.7 Patrol & Response Posts

9.8 Control Center Operations

9.9 Traffic Control

9.10 Receipt, Use and Safeguarding of Keys

9.11 Security and Safety Systems

9.12 Rules and Regulations Governing Conduct on Federal Property

9.13 Physical Security, Law, and Order

9.14 Hazardous Conditions

9.15 Response to Injury or Illness

9.16 Additional Duties

9.17 Reports, Records, and Testimony

9.18 Civil Disturbances

9.19 Emergencies

9.20 Primary Security Responses

9.21 Protective Security Officer Post Arrival & Departure

9.22 Use of DHS Form 139

10 Conduct of Contractor Personnel

10.1 General Information

10.2 Reporting Adverse Information

10.2.1 General Information

10.2.2 Notification of Arrest

10.3 Government Directed Removal of Contractor Employees

10.4 Contract Employee Reinstatements

11. Key Personnel

11.1 General Information

11.2 Contract Manager

11.3 Supervisor

11.4 Training Instructor

11.5 Other Than Key Personnel

11.5.1 Corporate Security Officer

12 Operations

12.1 Work Site

12.1.1 Schedule

12.1.2 Breaks

12.2 Compliance

12.3 Labor Category

12.4 Contract Effort Required

12.4.1 Productive Hours

12.4.2 Reserve Security Force

12.4.3 Emergency Security Services

13 Government-Provided Property

13.1 General Information

13.2 Use of Government Property

13.3 Accountability of Government Property

13.4 Safeguarding Government Property

13.5 HSPD-12 Personal Identity Verification (PIV) Cards

14 Contractor-Provided Property

14.1 General Information

14.2 Communications Equipment

14.3 Vehicles

14.4 Firearms, Ammunition, and Less-Than-Lethal Weapons

14.5 Personal Protective Equipment (PPE)

14.6 Uniforms and Grooming

14.7 Supplementary Equipment

15 Quality Control, Quality Assurance, and Performance Evaluations

15.1 Quality Control

15.2 Quality Assurance

15.3 Performance Evaluations

16 Deliverables

1 Introduction

1.1 General Information

1.1.1 This is a Statement of Work (SOW) for Department of Homeland Security (DHS), Federal Protective Service (FPS) to provide Protective Security Officer (PSO) services throughout area of operations, as described in Post Exhibit 1. FPS considers

PSO positions equivalent to Department of Labor (DOL) labor category Guard II. Occupational Safety and Health Administration (OSHA) considers PSO positions as First Responders Awareness Level (CFR 1910.120(q)(6)(i)).

1.1.2 Contractor shall provide and maintain all management, supervision, manpower, training, equipment, supplies, licenses, permits, certificates, insurance, pre-employment screenings, reports, files and any other resources necessary to accomplish PSO services as described and required within this SOW and any revisions to SOW as specified in contract modifications.

1.1.3 Contractor shall work in coordination with FPS to execute requirements and meet standards identified within this contract.

1.1.4 Where Government identifies and references specific Solicitation/Contract Section numbers, that reference refers to that Section in its entirety, including every subsection having same number prefix. For example, a reference to requirements of this SOW under Section 6 includes all of Section 6 through last subsection identified with a prefix of “6”.

1.1.5 References to United States citizenship and locations include those areas designated as territories and/or commonwealths.

1.2 Federal Protective Service

1.2.1 FPS is the law enforcement and security element for National Protection and Programs Directorate (NPPD). FPS is responsible for safeguarding federally owned and/or leased assets, while providing a secure environment for visitors and Federal agencies to conduct business.

1.2.2 PSOs perform an exceptionally crucial role in support of FPS missions and are typically the first contact for visitors within a Federal facility. In this exceedingly visible role, PSOs serve as a vital defense-in-depth measure. Security Force Contractors and their employees must realize the magnitude of their responsibility and continuously perform their duties in a courteous and professional manner, in full compliance with this SOW.

http://www.dhs.gov/ http://www.dhs.gov/xabout/structure/gc_1253889058003.shtm http://www.dhs.gov/xabout/structure/gc_1253889058003.shtm http://www.dol.gov/ http://www.osha.gov/ http://www.osha.gov/ http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=standards&p_id=9765 http://www.dhs.gov/xabout/structure/editorial_0794.shtm

1.3 Acronyms

This Solicitation/Contract contains numerous acronyms. Upon introduction of a new term, an acronym will appear in parentheses. Below is a list of acronyms that appear in this Solicitation/Contract:

AED Automatic External Defibrillator CFR Code of Federal Regulations CM Contract Manager CO Contracting Officer COOP Continuity of Operations COTR Contracting Officer’s Technical Representative CPR Cardiopulmonary Resuscitation DHS Department of Homeland Security DOD Department of Defense DOE Department of Energy DOL Department of Labor DSS Defense Security Service EOD Entry on Duty e-QIP electronic Questionnaires for Investigation Processing e-Verify employment eligibility Verification System ESS Emergency Security Services FAR Federal Acquisition Regulation FMR Federal Management Regulation FOUO For Official Use Only FPS Federal Protective Service GED General Equivalency Diploma HSAR Homeland Security Acquisition Regulation ICE Immigration and Customs Enforcement LES Law Enforcement Sensitive OPM Office of Personnel Management OSHA Occupational Safety and Health Administration NIOSH National Institute for Occupational Safety and Health NISPOM National Industrial Security Program Operating Manual NPPD National Protection and Programs Directorate NRC Nuclear Regulatory Commission PIV Personal Identity Verification PSO Protective Security Officer PTS Post Tracking System SAMHSA Substance Abuse and Mental Health Services Administration SBU Sensitive But Unclassified SGIM Security Guard Information Manual SOW Statement of Work SSBI Single Scope Background Investigation SUPV Supervisor

1.4 Federal Management Regulations and Other Applicable Documents

1.4.1 Government regulations and FPS policies contain basic procedures for operation, maintenance, and protection of property. Contractor will use regulations and procedures outlined within this contract.

1.4.2 Contracting Officer (CO) will notify Contractor of new or revised regulations, directives, and/or requirements, when applicable, via contract modifications.

1.4.3 Contracting Officer’s Technical Representative (COTR) shall furnish Post Desk Book, containing complete duty instructions for each post. Post Desk Book shall remain on Government property. Contractor and contract employees shall not reproduce, in any manner, any content of a Post Desk Book, unless specifically authorized in writing by COTR.

1.4.4 Contractor shall furnish a separate loose-leaf binder for each post, to maintain Contractor-related information/policies/directives.

1.4.5 Post Desk Book, Post Orders, Operational memorandums, directives, or other supplemental information may be identified and marked as; For Official Use Only (FOUO), Sensitive But Unclassified (SBU), and/or Law Enforcement Sensitive (LES), information.

Contractor and contract employees shall safeguard this type of information appropriately and shall not disclose to individuals outside of PSO community.

1.4.6 Federal Management Regulation (FMR) 41 Code of Federal Regulations (CFR) 102-74 regulates allowable conduct of persons entering in or on property under charge and control of General Services Administration. Placards citing FMR 41 CFR 102-74 are posted at applicable locations.

1.5 Security Guard Information Manual (SGIM)

1.5.1 SGIM handbook contains information PSOs must read and be familiar with prior to assuming duties under this contract.

1.5.2 COTR shall provide Contractor one electronic copy of SGIM at post award meeting, held shortly after contract award.

1.5.3 Contractor shall be responsible for photocopying SGIM Handbook for PSOs, at no cost to Government.

http://www.gsa.gov/portal/content/104792 http://www.gpoaccess.gov/cfr http://www.gsa.gov/ http://www.gsa.gov/portal/ext/public/site/FMR/file/FMRTOC102-_74.html/category/21859/#wp436256

2 Contract Transition

2.1 Phase-In

2.1.1 A smooth and orderly transition between Contractors is necessary to assure minimum disruption to vital Contractor services and Government activities. Government will consider no less than a minimum of 90 days and no more than 180 days maximum for start up, from contract award date to performance start date.

2.1.2 If Contractor intends to recruit existing workforce, they shall not disrupt official Government business or interfere with assigned duties of current contract employees.

2.1.3 Contractor may announce assumption of services date, distribute business cards, employment applications, brochures, and other company information to current contract employees, if done so without interfering with assigned duties; (e.g., during “off hours” or during breaks or meal periods),

2.1.4 Contractor shall not interview, recruit, schedule interviews, or conduct extensive discussions with current contract employees while they are on duty.

2.1.5 Contractor shall provide weekly transition status report during transition period to address items specified in Section 3.2.

2.2 Phase-Out of Contract and Continuity of Services

2.2.1 Contractor shall provide a list of current contract employees with suitability and certification expiration dates, and employee seniority list, when requested by COTR.

2.2.2 Contractor shall provide personnel records, including but not limited to, training, medical, suitability, and security records to incoming-Contractor, at least 60 days prior to expiration of current contract.

2.2.3 Contractor noncompliance of Section 2.2.2, may negatively impact exit performance evaluation and FPS may withhold final payment until resolved.

2.3 Conferences and Meetings

2.3.1 Contractor will be required to attend a government-scheduled post award meeting after contract award, but prior to start of performance.

2.3.2 Contractor will participate in a post award meeting; this meeting will encompass an in-depth review of contract requirements and Contractor’s Transition Plan.

2.3.3 During performance of contract, CO, COTR, and Contractor will meet, at a minimum, annually to discuss and resolve relevant contract issues.

2.3.4 Contractor will prepare written minutes for all meetings, to include signature blocks for Contractor and CO and provide written minutes within seven calendar days after meeting date.

CO will maintain a copy of minutes in contract file.

2.3.5 Should Government not concur with minutes as prepared, Government will provide a written memorandum identifying areas for clarification and/or disagreement within seven calendar days after receipt of minutes. These memorandums will be attached to corresponding meeting minutes.

3 Plans

3.1 General

3.1.1 Each plan submitted in accordance with Section 3, is subject to Government review, approval, and acceptance. Government reserves right to request revision(s) to submitted plan(s) if they do not adequately address and/or are not effective in meeting minimum contract requirements.

3.2 Transition Plan

3.2.1 Contractor shall provide a transition plan to CO and COTR within seven calendar days after contract award, and weekly status and progress reports detailing transition. At a minimum, Plan shall address:

3.2.1.1 Staffing

Staffing Levels Process for transitioning predecessor employees (if applicable) Recruitment of new employees Strategy for providing post coverage during breaks and meal periods Reserve Force implementation Emergency Security Service (ESS) implementation Supervisory Plan implementation Key Personnel to include resumes and contact information Roles of management and administrative personnel Organizational chart

3.2.1.2 Communications

Methods Protocols Equipment

3.2.1.3 Inventory & Equipment

Maintenance Accountability Weapons Ammunition

3.2.1.4 Detailed Calendar

Daily and weekly transition events throughout transition period Procurement timeline for equipment and uniforms

3.2.1.5 Status & Progress Reports

Applications Staffing Permits, Licenses, and Registrations Personnel clearances Transition events Equipment and uniform purchases

3.3 Training Plan

3.3.1 Contractor shall be responsible for providing CO and COTR a Training Plan and proposed Training and Qualifications Schedule within 10 calendar days after contract award.

3.3.2 Plan shall address:

Strategy for meeting training requirements, to include any assumptions made by Contractor for timely scheduling of Government-provided training

Proposed Training and Qualifications Schedules Weapons transition training (if applicable) Locations Coordination with FPS Class staffing levels Sources of Third Party training Sources of training equipment

3.4 Quality Control Plan

3.4.1 Contractor shall provide CO and COTR a detailed Quality Control Plan within 15 calendar days after contract award.

3.4.2 Contractor’s Quality Control Plan shall address:

Type, level, and frequency of Contractor’s Quality Control actions Inspection checklists Reward and incentive programs Discipline procedures Deficiencies reported to COTR Reports

3.5 Contingency and Continuity of Operations (COOP) Plan

3.5.1 Contractor shall provide CO and COTR a detailed COOP Plan within 15 calendar days after contract award.

3.5.2 COOP Plan shall identify provisions made for acquisition of personnel, resources, and/or supplies, if necessary, for continuity of Government-contracted operations, until resumption of normal operations.

3.5.3 COOP Plan must, at a minimum, address and identify:

Identifying and tracking emergencies and pandemics Tracking impact of emergencies and pandemics on workforce Compliance with applicable OSHA regulations Realignment and augmentation of resources to ensure meeting of Contractual

Requirements to Include:

o Challenges associated with maintaining PSO services during an extended emergency event, such as a pandemic that may occur in repetitious waves o Any time lapse associated with initiation of acquisition of necessary personnel, resources, and/or supplies and their actual availability on site o Components, processes, and requirements for identification, training, and preparedness of contractor personnel who are capable of relocating to alternative facilities o Prioritization and deployment of a limited or dwindling workforce o Educating and protecting of workforce to minimize operational impacts o Acquisition, storage, and distribution of personal protective equipment Communication with workforce and Government, to include:

o Any established alert and notification procedures for mobilizing identified “critical Contractor service personnel” o Approach for communicating expectations to employees regarding their roles and responsibilities during an emergency o Any associated changes needed to Contractor’s information technology infrastructure to support contract in an emergency

4 Authority and Jurisdiction, Permits, Licenses, and Adherence to Laws

4.1 General Information

4.1.1 Contractor must obtain, renew, and possess required licenses and permits as specified under this contract and applicable federal, state, and/or local regulating agencies.

4.1.2 Contractor shall NOT seek Government assistance or interference in receipt of legally required licenses and permits.

4.1.3 Contractor shall furnish a legible copy of required licenses and permits and provide any revised licenses or permits, (excluding permits and licenses issued to individual contract employees) to COTR, prior to any PSO standing post and provide any revised licenses or permits during contract term.

4.1.4 Contractor shall NOT impede or impose on outgoing-Contractor, in place, licenses and permits. FPS will not recognize transition of existing licenses and permits to Contractor until commencement of post staffing.

4.1.5 Contractor must obtain required licenses and permits for company and/or contract employees prior to PSOs standing post; not completing these actions could result in adverse actions, to include Termination for Default or default as applicable.

4.1.6 Contractor must maintain valid licenses and permits throughout contract period; not completing these actions could result in adverse actions, including but not limited to, Termination for Default or default as applicable. FPS will consider PSOs standing post without valid licenses and permits as an “open” post.

4.1.7 CO, COTR, and other authorized Government personnel shall have express authority to examine, upon request, all licenses and permits at any time during contract period.

4.1.8 Contractor shall complete, certify, and maintain records (electronic/scanned or paper) that show names and issue dates for each contract employee having required licenses, permits, training, and certifications.

4.1.9 False statements, certification, or falsification of any documents required in this contract by Contractor, Contract Manager, or any contract employee shall be punishable under U.S. Code Title 18, Chapter 47, Section 1001, Fraud and False Statements. Government may initiate investigations by its Office of Inspector General or regional FPS Criminal Investigations Branch, may initiate debarment proceedings, and/or may take contractual remedies, up to and including Termination for Default. Under no circumstances, whatsoever, will Government tolerate falsification of required documents.

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=1925859&SIZE=10370&TYPE=TEXT http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=1925859&SIZE=10370&TYPE=TEXT

4.2 State and Local Requirements

4.2.1 Contractor shall obtain, possess and maintain state and/or local requirements, except where precluded by local law or ordinance, prior to commencement of work under this contract, to include:

4.2.1.1 Business and corporate licenses to operate as a commercial security service.

4.2.1.2 Official bond(s) and insurance, and pay any fees or costs involved or related to authorization for arming employees engaged in armed security officer services.

4.2.1.3 Licenses and permits for employees to be armed and have authority to detain person(s) suspected of committing crimes.

4.2.2 Contractor shall adhere to minimum age requirements set forth by Federal, state and/or local laws. If minimum age exceeds contract minimum age requirement of 21 years of age, Federal, state and/or local law shall take precedence over contract requirement.

4.3 Carriage of Licenses and Permits

4.3.1 PSOs shall carry original or photocopy of firearm licenses/permits on their person while traveling to/from duty station and on duty, when required by local or state law.

4.3.2 PSOs who do not have valid firearm license/permit in their possession or cannot produce one, when requested, shall be removed from post immediately. Contractor will be notified immediately and a request for remedy will be initiated. PSO may return to post once valid firearm licenses/permits are produced. Post will be considered “open” during period of non-compliance.

4.3.3 PSOs are authorized to travel to and from duty stations armed, with assigned duty weapon(s), unless prohibited by law.

4.4 Licensing Fees

4.4.1 Contractor must pay all costs and fees associated with applying for, receiving and maintaining permits and licenses throughout the contract, including payment of all costs and fees for contractor employees who are required by federal, state or local regulating agencies to individually apply for licenses/permits.

4.4.2 Where federal, state, or local regulating agencies require contract employees to individually apply and pay for licenses/permits, Contractor shall reimburse employees for all costs and fees associated with obtaining required licenses/permits.

5 Qualifications of Personnel

5.1 General Information

5.1.1 Contractor shall ensure that no person who is an illegal or an undocumented alien is employed as a PSO under this contract.

5.1.2 To be eligible to perform under this contract, PSOs must meet following requirements:

5.1.2.1 Be a citizen of the United States of America, including U.S. territories and/or commonwealths. COTR may approve Lawful Permanent Residents who are currently members of U.S. armed services (Reserves or National Guard) or who possess an Honorable Discharge from a U.S. Military component.

5.1.2.2 Have been issued an approved Social Security Card by Social Security Administration.

5.1.2.3 Received, at minimum, either a high school diploma or General Equivalency Diploma from an accredited institution recognized by U.S. Department of Education.

5.1.2.4 Meet at least one experience/education levels listed below:

5.1.2.4.1 Three years of security experience within past five years

5.1.2.4.2 Three years of military or National Guard (active duty or reserve)

5.1.2.4.3 Successful completion of a state certified Law Enforcement Education and Training or Police Officer’s Standard Training course

5.1.2.5 PSOs shall fluently speak, read, comprehend, and compose coherent written reports in English. Government may require PSOs to possess proficiency in a specific language for certain posts and will indicate this requirement in Post Exhibit (Exhibit 1).

5.1.2.6 PSOs must complete (sign/date) a Lautenberg Amendment Statement/Domestic Violence certification annually. Lautenberg Amendment, 18 U.S.C. § 922(g) (8) and (9).

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.1.1 Contractor shall ensure PSOs working under this contract meet medical and physical requirements described in sections below.

http://www.ssa.gov/ http://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-accreditation.html http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=1498909&SIZE=106824&TYPE=TEXT

5.2.1.2 Contractor is responsible for ensuring PSOs are able to perform essential functions described in this SOW, with any reasonable accommodation. If PSO alleges he/she has a disability and requires reasonable accommodation to perform essential job functions, it is sole responsibility of Contractor to discuss reasonable accommodations with PSO and to decide what accommodation, if any, to provide at its own expense. COTR shall review all reasonable accommodation documentation to ensure completeness and compliance with contract.

5.2.1.3 Contractor, not Government, is responsible for complying with provisions of Americans with Disabilities Act of 1990 (42 USC 12101-12213), Rehabilitation Act of 1973 (29 USC 790- 794), and applicable OSHA Occupational Safety and Health Standards (29 CFR 1910).

5.2.2 Medical Standards

5.2.2.1 Contractor shall require PSOs to undergo a pre-employment medical/physical examination and every three years thereafter. A licensed physician shall administer examinations and document results on Medical Questionnaire (Exhibit 7).

5.2.2.2 Contractor shall ensure a licensed physician fully and accurately completes Sections 2 and 3 of PSO Medical Questionnaire, as based on medical standards and essential job functions set forth under this contract. PSOs must meet health certification requirements listed in PSO Medical Questionnaire.

5.2.2.3 PSOs must meet following medical standards:

5.2.2.3.1 Vision: Applicant must have binocular vision and must not test less than 20/30 (Snellen). An applicant who has undergone a Radial Keratotomy or laser correction procedure to correct his or her vision to an acceptable level is medically qualified for this position. Near vision, corrected or uncorrected, must be sufficient to read Jaeger Number 2 or equivalent type and size letter at a distance of no less than 12 inches on a standard Jaeger chart. Applicant must have normal color vision.

5.2.2.3.2 Hearing: Applicant average hearing at 500, 1000, 2000, and 3000 Hertz (Hz) must be less than or equal to 25 decibels. Applicant hearing at 4000 and 5000 Hz must be less than or equal to 45 decibels. If there is a difference in hearing between applicant’s ears (in excess of 15 decibels at 500-3000 Hz range or in excess of 30 decibels at 4000-5000 Hz range), Applicant must receive a test for sound localization. Applicant shall not have ear disorders affecting equilibrium. Applicant may use a hearing aid.

5.2.2.3.3 Speech: Individual must be able to speak clearly and distinctly. Any disease or condition that significantly interferes with an individual’s ability to speak is a disqualifying factor.

5.2.2.3.4 Cardiovascular System: Any disease or condition that interferes with cardiovascular function and an individual’s safe and efficient job performance is a disqualifying factor.

Applicant aerobic capacity is a minimum 9 MET or 31.5 ml/kg min VO2 Max.

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=42USCC126&PDFS=YES http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=29USCC16&PDFS=YES http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=BROWSE&TITLE=29USCC16&PDFS=YES http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1910

5.2.2.3.5 Chest and Respiratory System: Individual must have a healthy respiratory system and receive an evaluation and clearance for use of disposable particulate respirators meeting N95 standards as established by National Institute for Occupational Safety and Health (NIOSH). Any disease or condition that interferes with respiratory function and an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.3.6 Gastrointestinal System: Individual must have a healthy gastrointestinal tract. Any disease or condition that interferes with gastrointestinal function and an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.3.7 Genitourinary System: Individual must have a healthy genitourinary system. Any disease or condition that interferes with an individual’s safe and efficient job performance is disqualifying.

5.2.2.3.8 Endocrine and Metabolic Systems: Any condition affecting normal hormonal or metabolic functioning and response that is likely to adversely affect an individual’s safe and efficient job performance is a disqualifying factor.

5.2.2.3.9 Musculoskeletal System: Any condition that adversely impacts on an individual’s movement, agility, flexibility, strength, dexterity, coordination, or ability to accelerate, decelerate, or change directions, and that is likely to adversely affect an individual’s safe and efficient performance of duties, is a disqualifying factor.

5.2.2.3.10 Hematology System: Any hematological condition characterized as chronic, caused a hematological crisis, or adversely impacts an individual’s safe and efficient performance of duties is a disqualifying factor. Such conditions may include anemia or thrombocytopenia.

5.2.2.3.11 Neurological Systems: Any disease or condition that interferes with an individual’s central or peripheral nervous system function and that is likely to adversely affect safe and efficient performance of duties is a disqualifying factor. Any condition with loss of motor skills, muscle strength, cognitive function, coordination, or gait; sensory loss (limb, hearing, or vision);

tremor; pain; or effect on speech is a disqualifying factor.

5.2.2.3.12 Psychiatric Disorders: Any disorder that affects an individual’s judgment, cognitive function, or safe and efficient performance of essential job functions, is a disqualifying factor.

5.2.2.3.13 Dermatology: Any disease or condition that may cause an individual to be unduly susceptible to injury or disease as a consequence of environmental exposures or which results in restricted functioning or movement and thereby impairs safe and efficient performance of essential job functions is a disqualifying factor.

5.2.2.3.14 Medication: Individual’s use of medications such as narcotics, sedative hypnotics, barbiturates, amphetamines, or any drug with potential for addiction, that is taken for extended periods of time (e.g., beyond 10 days), or is prescribed for a persistent or recurring underlying condition, is a disqualifying factor.

http://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/n95list1.html http://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/n95list1.html

5.2.2.3.15 Organ transplantation and prosthetic devices: Any transplantation or prosthetic device that adversely affects an individual’s ability to safely and efficiently perform essential job functions is a disqualifying factor.

5.2.3 Physical Demands

5.2.3.1 PSOs must be physically able to perform tasks and/or functions listed below, in performance of assigned duties:

5.2.3.1.1 Frequent and prolonged walking, standing, sitting, and stooping, up to 12 hours per day, either indoors or outdoors, during daytime or nighttime. Outdoor posts may require an individual to withstand extreme heat, humidity, cold, and/or severe weather (e.g., snow, sleet, rain, hail, wind).

5.2.3.1.2 Frequent contact with general public, law enforcement, and dispatch center, requiring an ability to speak clearly and distinctly and remain calm in stressful situations (e.g., confrontations with angry, distraught, disturbed, or violent persons).

5.2.3.1.3 Ability to remain on post up to four consecutive hours without sitting, eating, or relieving bladder/bowels.

5.2.3.1.4 Ability to remain alert for up to 12 hours, with ability to mentally and physically react quickly to a variety of unexpected and dangerous situations. Use of senses (sight, hearing, smell, touch) is necessary to discern unusual or dangerous situations.

5.2.3.1.5 Ability to use post security equipment (metal detectors, X-rays, CCTV); ability to use handcuffs, baton, and firearm at any time while on duty.

5.2.3.1.6 Ability to read post assignments, write reports, and respond to both routine and emergency dispatches/orders.

5.2.3.1.7 Ability to subdue violent or potentially violent or disturbed individuals, or intervene in a crisis (e.g., provide emergency First Aid or/resuscitation while waiting for arrival of paramedics or other emergency personnel).

5.2.3.1.8 Occasional running, sprinting, lifting heavy weights, moving heavy objects, climbing stairs (e.g., in responding to emergencies, ensuring timely and complete facility evacuations, giving pursuit, etc.).

5.2.3.2 Contractor shall remove individuals deemed incapable of performing above tasks or functions from contract.

5.2.3.3 Contractor shall be responsible for encouraging and promoting employees assigned to this contract to maintain an ongoing and regular program of physical fitness, at no cost to Government.

5.2.4 Initial and Recurring Screening for Illegal Drugs

5.2.4.1 PSOs must submit to urine drug screening as part of initial pre-employment process and during recurring medical examination, every three years.

5.2.4.2 Drug screenings shall conform to current U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Mandatory Guidelines for Federal Workplace Drug Testing Programs”.

5.2.4.3 Contractor must use laboratories listed on SAMHSA’s “Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies”.

5.2.4.4 Contractor shall not permit an applicant/employee to take multiple tests in order to receive an acceptable reading.

5.2.4.5 Contractor shall perform random drug screenings of 10% of all PSOs assigned to this contract over a 12-month period.

5.2.4.6 Contractor shall immediately remove contract employee(s) from contract and immediately inform COTR and CO of results when a verified positive reading is received.

5.2.4.7 Contractor shall provide quarterly reports detailing frequency and results of random drug screenings to COTR on 10th day of January, April, July, and October.

5.2.4.8 Government will permanently disqualify any contract employee who undergoes either a random or Government-requested urine drug screening and receives a verified positive (meets or exceeds cutoff levels) for any substance(s) from working under this or any other FPS security force services contract.

5.2.5 Government-Requested Screening

5.2.5.1 CO and/or COTR may request urine drug screenings, in writing, to Contract Manager at any time. Drug screenings shall follow guidelines described in Section 5.2.4.

5.2.5.2 Contract Manager shall arrange for test as soon as possible, but no later than three working days.

5.2.5.3 Contract employee(s) identified for Government-requested urine drug screenings may continue working under contract until Contractor receives test results.

5.2.5.4 Contractor shall pay contract employee normal hourly rate/salary for time associated with screening.

5.2.5.5 Contractor will be required to submit a Request for Equitable Adjustment for reimbursement, if results of urine drug screening are negative.

http://www.samhsa.gov/ http://www.drugfreeworkplace.gov/DrugTesting/Level_1_Pages/mandatory_guidelines5_1_10.html http://www.drugfreeworkplace.gov/DrugTesting/pdf/CLabList_Mar2011.pdf http://www.drugfreeworkplace.gov/DrugTesting/pdf/CLabList_Mar2011.pdf

5.2.5.6 Contractor shall bear all expenses relating to test for employee(s) when a verified positive reading is received.

5.3 Suitability

5.3.1 Suitability Requirements

5.3.1.1 Personnel performing directly or indirectly on this contract may have a requirement to obtain a suitability determination conducted by Government.

5.3.1.2 Contractor is responsible for ensuring PSOs, Key Personnel, and any other company officers that visit work sites, receive formal suitability adjudication by FPS.

5.3.1.3 Contractor shall have PSOs and Key Personnel provide required information and documents to COTR within 10 calendar days after contract award and shall have all other personnel provide the required documentation as soon as practical.

5.3.1.4 Contractor personnel will not be able to perform under this contract until receiving a favorable suitability determination.

5.3.1.5 Contractor should plan paperwork submissions accordingly; standard processing time is generally 30 calendar days.

5.3.1.6 Government shall make all Contractor suitability determinations in accordance with criteria outlined in 5 CFR 731.202.

5.3.1.7 Contractor is responsible for renewing employees’ suitability clearance prior to expiration.

5.3.1.8 Contractor must remove contract employee(s) upon expiration of suitability clearance, until such time an updated favorable suitability determination can be made by FPS.

5.3.1.9 Contractor shall submit suitability packages 45 to 60 days prior to current suitability expiration date.

5.3.1.10 Contractor must ensure forms submitted to FPS are complete, legible, and accurate.

FPS will return illegible or incomplete forms submitted, which may result in delays of adjudication process.

5.3.1.11 FPS shall not be responsible for any delays which occur due to Contractor’s inability to submit complete, accurate, and legible forms.

http://edocket.access.gpo.gov/cfr_2010/janqtr/5cfr731.202.htm

5.3.1.12 Contractor shall use an electronic employment eligibility verification system (e-Verify) to verify employment eligibility of:

Persons hired during contract term by Contractor, to perform employment duties within United States

Persons assigned by Contractor, to perform work within United States on Federal contracts

5.3.1.13 Contractors shall use local, state, or Federal law enforcement sources to obtain readable fingerprints on appropriate fingerprint cards. Government encourages Contractor to use locations which use electronic fingerprint scanning machines.

5.3.1.14 CO shall have express authority to prohibit any employee from performing under contract until employee comes into full compliance with suitability criteria.

5.3.1.15 Contractor is responsible for all costs associated with obtaining and renewing suitability clearances for employee associated with this contract.

5.3.2 Suitability Determination

5.3.2.1 Once a prospective contract employee applies for a position and receives a favorable evaluation by Contractor (i.e., meets the minimum qualification requirements cited in this SOW and otherwise meets Contractor’s hiring criteria), Contractor shall submit Government furnished forms for each contract employee to COTR:

Contractor Information Worksheet Two completed original Forms FD-258, Fingerprint Chart Following forms via e-QIP:

o DHS Form 11000-9, Disclosure and Authorization Pertaining to Consumer Reports pursuant to Fair Credit Reporting Act o Foreign National Relatives or Associates Statement o Lautenberg Amendment Statement o Standard Form (SF) 85P, Questionnaire for Public Trust o Standard Form 85P-S, Supplemental Questionnaire for Selected Positions o Signed e-Verify Confirmation Notice

5.3.2.2 Any investigation conducted by or for another federal agency on an individual that is of same or higher type and scope as one required for position is sufficient to meet investigation requirements if investigation occurred within past five years.

5.3.2.3 Any investigation conducted by or for another federal agency on an individual whose scope is less than that required for position and meets investigation requirements of position is eligible for upgrade if investigation occurred within past five years.

5.3.2.4 Contract employees cleared through this process while employed under a predecessor contract, suitability determination made under previous contract will carry over to new contract.

http://www.fbi.gov/about-us/cjis/background-checks/standard-fingerprint-form-fd-258 http://www.opm.gov/e-qip/ http://www.opm.gov/forms/pdf_fill/SF85P.pdf http://www.opm.gov/forms/pdf_fill/SF85PS.pdf

5.3.2.5 Government may not be able to complete a satisfactory background investigation on individuals not residing in the United States for three of the past five years. In such cases, FPS retains right to deem individual(s) as ineligible due to insufficient background information.

5.3.2.6 FPS shall have and exercise full and complete control over granting, denying, withholding, or terminating suitability decisions for employees.

5.3.2.7 FPS may, as deems appropriate, authorize and grant a temporary suitability decision to contract employees.

5.3.2.8 Issuance of a temporary decision to any contract employee shall not be an assurance that FPS will grant full suitability.

5.3.2.9 Granting of either temporary or full suitability shall in no way prevent, preclude, or bar later withdrawal or termination of any such suitability by Government.

5.3.3 Entry on Duty Decision

5.3.3.1 FPS shall have and exercise full control over granting, denying, withholding, or terminating unescorted access to a Government facility and or sensitive Government information access for Contractor employees, based upon results of a background investigation.

5.3.3.2 FPS may, as deems appropriate, authorize and make favorable entry on duty (EOD) decision based on preliminary security checks. Favorable EOD decision would allow employees to commence work temporarily prior to completion of the full investigation.

5.3.3.3 Contractor shall not consider a granting of a favorable EOD decision as assurance that full employment suitability authorization will follow as a result thereof.

5.3.3.4 Granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by FPS, at any time during contract period.

5.3.3.5 Contractor shall not allow any contract employee unescorted access to a Government facility without a favorable EOD decision or suitability determination by FPS.

5.3.3.6 Contract employees not needing access to sensitive information or recurring access to Government facilities will not be subject to security suitability screening.

5.3.3.7 Contract employees awaiting an EOD decision may begin training for work, provided they do not access sensitive Government information.

5.3.3.8 Limited access to Government facilities is allowable prior to EOD decision, if a Government employee escorts contract employee. Limited access allows contractor employees to attend briefings, non-recurring meetings and begin transition work.

5.3.4 Unfavorable Determination

5.3.4.1 FPS shall immediately advise Contractor that an employee cannot work under contract if found to be unsuitable. Contractor shall in turn immediately remove employee from contract.

5.3.4.2 Contract employee or Contractor may appeal suitability determination through CO. In such cases where Contractor proceeds with hiring process, Contractor assumes risk until Government issues a final suitability determination.

5.3.4.3 Contract employee who receives adverse determination notice shall not work under this or any FPS security force service contract; also applies to contract employees whose adverse adjudication is pending appeal.

5.3.4.4 Disqualifying information includes but is not limited to:

Conviction of a felony, a crime of violence, or a serious misdemeanor Possessing a record of arrests for continuing offenses Falsification of information entered on suitability background investigation forms

5.3.4.5 FPS will provide Contractor an opportunity to refute, explain, clarify, or mitigate adverse or derogatory information uncovered during the suitability process.

5.3.4.6 Individuals receiving an unfavorable determination will receive formal notification that details the reason(s) for the determination.

5.3.5 Favorable Determination

5.3.5.1 Contract employee is suitable to work security force service contracts for five years upon favorable determination; if nothing occurs within five-year period that would render employee unsuitable for continuing performance under contract.

5.4 Security Clearances

5.4.1 General Information

5.4.1.1 Government shall notify Contractor of required security classification of this contract and elements thereof, and of any subsequent revisions in such security classifications, by use of Contract Security Classification Specification (DD Form 254), or other written notification.

5.4.1.2 DHS determined that performance of this contract requires Contractor, subcontractor(s), vendor(s), etc., (herein known as Contractor) to access sensitive DHS information and may require access to classified National Security Information (herein known as classified information) up to and including classification level and Special Access Programs (SAP).

http://www.dtic.mil/dtic/pdf/formsNguides/dd0254.pdf

5.4.1.3 Contractor and/or contract employees, in addition to meeting FPS background suitability requirements, may require security clearance eligibility for this contract and task order(s).

5.4.1.4 Contract employees shall be subject to a background investigation prior to working on site, where requirements for such clearances exist. This requirement may also pertain to other employees, who for any reason may visit a work site(s) during contract period.

5.4.1.4.1 Any investigation conducted by or for another federal agency on a Contractor or individual that is of same or higher type and scope as one required for position is sufficient to meet investigation requirements prescribed in National Industrial Security Program Operating Manual (NISPOM).

5.4.1.4.2 Any investigation conducted by or for another federal agency on a Contractor or individual whose scope is less than that required for position and meets investigation requirements of position is eligible for upgrade in accordance with investigation requirements prescribed in NISPOM.

5.4.1.5 In all areas requiring a Department of Defense (DOD), Department of Energy (DOE), Nuclear Regulatory Commission (NRC), or other agency security clearance, Contractor shall comply with provisions of most currently available NISPOM and Security Agreement (DD Form 441).

5.4.1.5.1 NISPOM is available from Defense Security Service (DSS) or mail in a request for publication to Superintendent of Documents, U.S. Government Printing Office, Mail Stop SSOP, Washington, DC 20402-9238 (ISBN: 0-16-045560-X).

5.4.1.6 Personnel security clearances applications (forms) required for DoD security clearances are available through DSS; for DOE and for NRC.

5.4.2 Security Clearance Requirements

5.4.2.1 Contractor will abide by requirements set forth in DD Form 254, NISPOM and/or as directed by DSS for protection of classified information, if contract requires access to classified information. If Contractor fails to follow requirements above, this may result in revocation of clearance and Termination for Default.

5.4.2.2 Contractor and all applicable personnel shall receive clearances pursuant to Defense Industrial Security Regulations, or other applicable regulations.

5.4.2.3 Contract employees may not work at a classified post until a Visit Authorization Letter(s) or a final clearance from DOE, NRC, or other agency is received.

5.4.2.4 Contractor shall comply with applicable subsection as identified by CO .

5.4.2.4(a) Contractor must posses a facility clearance that is equal to level for work on this contract as specified in Section 5.4.1.2 prior to submission of proposal or quote.

http://www.dss.mil/isp/fac_clear/download_nispom.html http://www.defense.gov/ http://www.energy.gov/ http://www.nrc.gov/ http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0441.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0441.pdf http://www.dss.mil/

5.4.2.4(b) DHS may sponsor Contractor for a facility clearance, if contract performance requires access to classified information and Contractor selected for award does not possess a facility security clearance that is equal to level for work on this contract as specified in Section 5.4.1.2.

5.4.2.5 If Contractor does not maintain or receive a facility clearance prior to date by which PSOs are to stand post, Government may initiate proceedings for Termination for Default.

5.4.2.6 Contractor is responsible for all costs associated with obtaining and renewing applicable security clearances for each contract employee.

5.4.3 Determinations of Clearance for Individuals

5.4.3.1 Security clearance determination is a process separate and distinct from suitability determination. Employee must complete applicable forms in Section 5.3.2.1; exception Standard Form (SF) 86, Questionnaire for National Security Positions must be completed in lieu of SF 85P or SF 85P-S.

5.4.3.2 Investigative standards for access to Secret classified information will be a National Agency Check with Local and Credit Checks (NACLC).

5.4.3.3 Minimum investigative standard for access to Top Secret classified information will be a Single Scope Background Investigation (SSBI).

5.4.3.4 Contractor shall only submit security packages on prospective employees whose integrity, credit, and character will meet security suitability requirements of DHS.

5.4.3.5 Government may not be able to complete a satisfactory background investigation on applicants/employees not residing in United States for three of the past five years. In such cases, DHS retains right to deem an applicant/employee as ineligible due to insufficient background information.

5.4.4 Interim Personnel Clearance Level

5.4.4.1 Government may grant interim SECRET clearance eligibility as appropriate, provided there is no evidence of adverse information of material significance.

5.4.4.2 Non-United States citizens are not eligible for access to classified information on an interim basis.

5.4.4.3 DHS will not accept interim TOP SECRET clearances.

5.4.5 Denied Clearances

5.4.5.1…