RFP_-_Statement_of_Work.pdf

LIST OF CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Statement of Work (Attachment 1) Exhibits (Attachment 2) Past Project Form (Attachment 3) Past Performance Questionnaire (Attachment 4) Department of Labor Wage Determination(s) (Attachment 5) Price Element Breakdown (Suggested Format) (Attachment 6) Instruction for the Price Element Breakdown Template (Attachment 6A) Award Approval Request (Attachment 7) Field Level Supervision Exhibit (Attachment 8) Proposal Submission Checklist (Attachment 9) PSO Seniority List (Attachment 10)

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DEPARTMENT OF HOMELAND SECURITY

FEDERAL PROTECTIVE SERVICE

STATEMENT OF WORK

FOR

PROTECTIVE SECURITY OFFICER SERVICES (PSO)

OCTOBER 2016 VERSION – 1.3

TABLE OF CONTENTS

1 INTRODUCTION

1.1 GENERAL INFORMATION

1.2 FEDERAL PROTECTIVE SERVICE

1.3 ACRONYMS

1.4 FEDERAL MANAGEMENT REGULATIONS (FMR) AND OTHER APPLICABLE DOCUMENTS

1.5 SECURITY MANUAL AND RESOURCE TOOL (SMART) BOOK (FORMERLY THE 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 CONTINUITY OF OPERATIONS (COOP) PLAN

4 AUTHORITY AND JURISDICTION; LICENSES AND PERMITS; AND ADHERENCE TO LAWS

4.1 GENERAL INFORMATION

4.2 PRIVACY REQUIREMENTS

5 PSO QUALIFICATIONS

5.1 GENERAL INFORMATION

5.2 MEDICAL AND PHYSICAL QUALIFICATIONS

5.2.1 General Information

5.2.2 Pre-Employment Examinations

5.2.3 Drug Screening

5.3 FITNESS DETERMINATIONS

5.4 ENTRY ON DUTY (EOD) DECISIONS

5.5 FAVORABLE DETERMINATIONS

5.6 UNFAVORABLE DETERMINATIONS

5.7 SECURITY CLEARANCES

5.8 SECURITY CLEARANCE REQUIREMENTS

5.9 SECURITY CLEARANCE DETERMINATIONS

6 TRAINING

6.1 GENERAL INFORMATION

6.2 TRAINING SCHEDULE

6.3 TRAINING CERTIFICATIONS

6.4 TRAINING REQUIREMENTS

6.5 AUTOMATED EXTERNAL DEFIBRILLATOR (AED), CARDIOPULMONARY RESUSCITATION (CPR), FIRST AID, OR EMERGENCY

MEDICAL TECHNICIAN (EMT)

6.6 WEAPONS TRAINING AND QUALIFICATION

6.6.1 General Information

6.6.2 Firearms Training

6.6.3 Firearms Qualification

6.6.4 Transitional Weapon Training and Qualification

6.6.5 Weapon Platform Training and Qualification

6.6.6 Intermediate Weapons Training

6.7 NATIONAL WEAPONS DETECTION TRAINING PROGRAM (NWDTP) USING TRAIN-THE-TRAINER METHOD

6.7.1 Definitions

6.7.2 NWDTP Instructors

6.7.3 NWDTP Instructor Training and Certification Requirements

6.7.4 PSO Training and Certification Requirements

6.7.5 Reporting Requirements and Deliverables

6.8 GOVERNMENT-PROVIDED TRAINING

6.8.1 Scheduling of Government-Provided Training and Testing

6.8.2 Orientation Training

6.9 OTHER SPECIAL TRAINING

7 CONTRACTOR AND PSO FILES

7.1 MASTER CERTIFICATION LIST

7.2 PERSONNEL FILES

7.3 AUDIT OF PERSONNEL FILES

8 WAIVERS AND DEFERMENTS

9 REQUIRED SERVICES

9.1 ORDER OF PRECEDENCE

9.2 POST ORDERS

9.3 TIME AND ATTENDANCE

9.4 FPS 139, RECORD OF TIME OF ARRIVAL AND DEPARTURE FROM BUILDINGS (DURING SECURITY HOURS)

9.5 POST TRACKING SYSTEM (PTS)

9.6 REPORTS, RECORDS, AND TESTIMONY

9.7 POST TYPES

9.8 TYPICAL POST DUTIES

9.8.11 Traffic Control

9.8.12 Receipt, Use and Safeguarding of Keys

9.8.13 Security and Safety Systems

9.8.14 Rules and Regulations Governing Conduct on Federal Property

9.8.15 Physical Security, Law, and Order

9.8.16 Hazardous Conditions

9.8.17 Response to Injury or Illness

9.8.18 Civil Disturbances

9.8.19 Emergencies

9.8.20 Primary Security Responses

9.8.21 Additional Duties

10 CONDUCT OF CONTRACTOR PERSONNEL

10.1 GENERAL INFORMATION

10.2 REPORTING ADVERSE INFORMATION

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 TRAINING INSTRUCTORS

11.4 NWDTP INSTRUCTOR QUALIFICATIONS

12 OPERATIONS

12.1 WORK SITE

12.1.1 Schedule

12.1.2 Breaks

12.1.3 Compliance

12.2 CONTRACT EFFORT REQUIRED

12.2.1 Productive Hours

12.2.2 Reserve Forces

12.2.3 Not Applicable - Emergency Security Services (ESS)

12.2.4 Temporary Additional Service (TAS)

12.2.5 Supervision

12.2.6 Incident Reporting

12.2.7 Open Post

13 GOVERNMENT-PROVIDED EQUIPMENT

13.1 GENERAL INFORMATION

13.2 USE OF GOVERNMENT–PROVIDED EQUIPMENT

13.3 ACCOUNTABILITY OF GOVERNMENT EQUIPMENT

13.4 SAFEGUARDING GOVERNMENT EQUIPMENT

13.5 DHS HSPD-12 PERSONAL IDENTITY VERIFICATION (PIV) CARDS

13.6 NWDTP EQUIPMENT

14 CONTRACTOR-PROVIDED EQUIPMENT

14.1 GENERAL INFORMATION

14.2 COMMUNICATIONS EQUIPMENT

14.3 VEHICLES

14.4 FIREARMS, AMMUNITION, AND INTERMEDIATE 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

16 EXHIBITS AND ATTACHMENTS LIST

17 DELIVERABLES

1 Introduction

1.1 General Information

1.1.1 This is a Statement of Work (SOW) for the Department of Homeland Security (DHS), Federal Protective Service (FPS) to provide Protective Security Officer (PSO) services for:

Building #DC0365, 409 3rd St. SW Building #DC0467, 2041 MLK JR. Ave. SE Building #DC0719, 1015 Half St. SE Building #DC0001, 13th & C St. SW

1.1.2 FPS considers PSO positions equivalent to the Department of Labor, Service Contract Act Directory of Occupations, 27102 Guard II.

1.1.3 FPS considers PSO positions equivalent to the Occupational Safety and Health Administration (OSHA) First Responder, Awareness Level, 29 CFR 1910. 120(q)(6)(i).

1.1.4 The 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 the SOW, as specified in contract modifications.

1.1.5 The Contractor may be financially liable for accepting or implementing changes by anyone other than the Contracting Officer (CO); therefore, the Contractor shall be responsible for verifying with the CO whether the Contractor should provide any requested changes pending issuance of a contract or task order modification.

1.1.6 Where the Government identifies and references Solicitation/Contract Section numbers, that reference refers to that Section in its entirety, to include all subsections having the same number prefix.

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

1.2 Federal Protective Service

1.2.1 The Federal Protective Service protects Federal facilities and those who occupy them by conducting law enforcement and protective security services, and leveraging access to the intelligence and information resources of our network of Federal, state, local, tribal, territorial, and private sector partners. From our protective security and law enforcement personnel, to those who support the operations of the Service, we approach our mission as one team. Every day we protect the homeland by managing risk and ensuring continuity for one of the most crucial elements of our national critical infrastructure, our Nation's Federal facilities.

1.2.2 PSOs perform an exceptionally crucial role in support of the FPS mission 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 countermeasure. Contractors and their employees shall be vigilant in performing their duties in a courteous and professional manner.

1.3 Acronyms

1.3.1 This SOW contains numerous acronyms. Upon introduction of a new term, an acronym shall appear in parentheses; below is a list of acronyms, not all-inclusive, that appear in this document multiple times.

American Heart Association (AHA) American Red Cross (ARC)

Automated External Defibrillator (AED) Cardiopulmonary Resuscitation (CPR)

Continuity of Operations (COOP) Contracting Officer (CO)

Contracting Officer’s Representative (COR) Defense Security Service (DSS)

Department of Homeland Security (DHS) Department of Labor (DOL)

Entry on Duty (EOD) Fair Labor Standards Act (FSLA)

Federal Management Regulation (FMR) Federal Protective Service (FPS)

General Services Administration (GSA) Homeland Security Presidential Directive (HSPD)

National Industrial Security Program National Weapons Detection Training Program Operating Manual (NISPOM) (NWDTP)

Occupational Health and Safety Personal Identification Verification (PIV) Administration (OSHA)

Protective Security Officer (PSO) PSO Security Manual and Resource Tool (SMART) Book

Statement of Work (SOW) United States Code (USC)

1.4 Federal Management Regulations (FMR) and Other Applicable Documents

1.4.1 The Federal Management Regulation (FMR) 41, Code of Federal Regulations (CFR) 102-74, regulates allowable conduct of persons entering in facilities or on Equipment under the charge and control of the General Services Administration (GSA).

1.4.2 The basic procedures for operation, maintenance, and protection of federal facilities and government equipment are contained within government regulations and FPS policies. The requirements contained in this contract are derived from such regulation and policy.

1.4.3 The Contracting Officer’s Representative (COR) shall furnish Post Desk Books, containing complete duty instructions for each post. Post Desk Books shall remain on government Equipment. The Contractor and Contractor Employees shall not reproduce, in any manner, any content of a Post Desk Book unless specifically authorized in writing by the COR.

1.4.4 Post Desk Books, Post Orders, Operational memorandums, directives, or other supplemental information may be identified and marked according to a specific sensitivity, such as; For Official Use Only (FOUO), Sensitive But Unclassified (SBU), or Law Enforcement Sensitive (LES). The Contractor and Contractor Employees shall safeguard this type of information or material appropriately and shall not disclose any such information or material to individuals outside the FPS and PSO communities.

1.5 Security Manual and Resource Tool (SMART) Book (Formerly the Security Guard Information Manual (SGIM)

1.5.1 The Contractor shall ensure all PSOs have read and understand the content of the SMART Book [Attachment 1] prior to providing security services under this contract.

1.5.2 The Contractor shall provide each PSO a legible and securely bound copy of the SMART Book.

1.5.3 The Government shall maintain a copy of the SMART Book at each post.

2 Contract Transition

2.1 Phase – In

2.1.1 A smooth and orderly transition between incoming and outgoing Contractors is necessary to assure minimum disruption to vital contract services and government activities. The Phase-In period shall be a maximum of ninety (90) days for startup, from the contract award date to the performance start date.

2.1.2 The Contractor awardee may announce an assumption of services date, distribute business cards, employment applications, brochures, and other company information to any current Federal Tenants; if done so without interfering with assigned duties; (e.g., during non-peak hours or during breaks or meal periods).

2.2 Phase – Out of Contract and Continuity of Services

2.2.1. The Contractor shall provide the incoming-Contractor all current PSO personnel records as outlined in Section 7.2.5, excluding those documents that would violate PII, HIPAA, or other proprietary laws or regulations, within ninety (90) days prior to the expiration of the current contract, to the incoming-Contractor.

2.2.2. Contractor noncompliance of Section 2.2.1, may negatively impact final performance evaluation and FPS may withhold final payment until resolved.

2.3 Conferences and Meetings

2.3.1 The Contractor shall be required to attend a Government-scheduled post award meeting after the contract award, but prior to the start of the contract performance. This meeting shall encompass an in-depth review of the contract requirements and the Contractor’s Transition Plan.

2.3.2 Contractor will prepare written minutes for all meetings, to include signature blocks for Contractor and CO and provide written minutes within seven (7) calendar days after meeting date. The CO will maintain a copy of the minutes in the contract file.

2.3.3 Should the Government not concur with minutes as prepared; the Government will provide a written memorandum identifying areas for clarification and/or disagreement within seven (7) 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 a Government review, approval, and acceptance. The Government reserves the right to request revision(s) to the submitted plans.

3.2 Transition Plan

3.2.1 The Contractor shall provide a Transition Plan to the CO, COR, and PSOPM within seven (7) calendar days after the contract award.

3.2.2 The Transition Plan shall address, at minimum, the following areas:

3.2.2.1 Staffing

• Organizational Chart

• Key Personnel Roster, to include resumes and contact information

• Roles and responsibilities of Management and Administrative personnel

• Staffing Levels

• Process for transitioning predecessor Contractor Employees, if applicable

• Recruitment of new employees

• Implementation strategies o Post coverage during breaks and meal periods o Reserve Force o Supervisory Plan

3.2.2.2 Communications

• Equipment

• Methods

• Protocols

3.2.2.3 Inventory and Equipment

• Accountability

• Maintenance

3.2.2.4 Calendar (Detailed)

• Daily and Weekly transition events throughout the transition period

• Procurement timeline for equipment and uniforms

3.2.2.5 Status and Progress Reports

• Applications

• Equipment and uniform purchases and current supply

• Permits, Licenses, and Registrations

• Personnel fitness determinations/security clearance eligibilities

• Staffing

• Transition events

3.2.3 The Contractor shall provide weekly (Monday by 10 am) transition status and progress reports during the transition period, addressing items specified in Section 3.2.2.5.

3.3 Training Plan

3.3.1 The Contractor shall be responsible for providing the CO, COR, and PSOPM a Training Plan, to include a proposed Training and Qualification schedule, within ten (10) calendar days after the contract award.

3.3.2 The Training Plan shall address, at minimum, the following areas:

• Class staffing levels

• Coordination with FPS (COR)

• Proposed schedules

• Sources of Third-Party training

• Strategy for meeting training requirements, to include any assumptions for timely scheduling of

Government-Provided training

• Training locations

3.4 Quality Control Plan

3.4.1 The Contractor shall provide the CO, COR, and PSOPM a detailed Quality Control Plan within fifteen (15) calendar days after the contract award.

3.4.2 The Quality Control Plan shall address, at minimum, the following areas:

• Deficiency reporting

• Discipline procedures

• Inspection checklists

• Type, level, frequency, and reporting of Quality Control activities

• Duties, responsibilities, and authorities of Quality Control personnel

3.5 Continuity of Operations (COOP) Plan

3.5.1 The Contractor shall provide the CO, COR, and PSOPM a detailed COOP Plan within fifteen (15) calendar days after the contract award.

3.5.2 The COOP shall identify provisions for the acquisition of resources (personnel and materials) for the continuity of operations, for all federal facilities under this contract, during other than normal operations, when and where applicable, until the resumption of normal operations.

3.5.3 The COOP Plan shall address, at minimum, the following areas:

• Communication with employees and the Government o Any changes required to the Contractor’s information technology infrastructure to maintain serviceability and support o Any established alert and notification procedures for mobilizing personnel o Approach for communicating expectations to employees, regarding their roles and responsibilities

• Compliance with applicable Occupational Safety and Health Administration (OSHA)

• Identification and tracking of emergencies and pandemics, to include the impact on personnel

• Realignment and augmentation of Resources o Acquisition timelines for Personnel and Materials (Initiation to Availability) o Challenges associated with relocating Personnel and Materials to other locations o Challenges associated with maintaining services during extended periods o Logistic capabilities (storage, distribution, inventory) o Prioritization and deployment of a limited workforce

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

4.1 General Information

4.1.1 A PSO’s authority to detain is derived from state law (private person/citizen arrest), that in most cases authorizes certain arrest powers.

4.1.2 A PSO’s authority to conduct inspections and seize dangerous items is derived from the FMR regulatory scheme for administrative searches, 41 CFR 102-74.370.

4.1.3 The Contractor shall obtain, renew, and possess the required licenses and permits as specified under this contract and applicable federal, state, or local regulating agencies.

4.1.4 The CO, COR, and other authorized Government personnel supporting this contract shall have express authority to examine, upon request, all licenses and permits at any time during the contract period.

4.1.5 The Falsification of any documents required in this contract by the Contractor, or any Contractor Employee, shall be punishable under U.S. Code, Title 18, Chapter 47, Section 1001, Fraud and False Statements.

4.1.6 The Contractor shall adhere to all federal, state, and local government laws, regulations, and statutes, to include but are not limited to areas concerning health, safety, security, and privacy.

4.2 Privacy Requirements

4.2.1 Required Security and Privacy Training for Contractors.

Contractor shall provide training for all employees and subcontractors that have access to Sensitive Personally Identifiable Information (SPII) as well as the creation, use, dissemination and / or destruction of SPII, at the outset of the subcontractor’s /employee’s work on the contract and every year thereafter.

The training would include procedures on how to properly handle SPII, include security requirements for transporting or transmitting SPII information, requirements for reporting a suspected breach or loss of SPII within one hour, and supporting privacy compliance and breach management activities. The Contractor must submit an e-mail notification to the COR that all the contractor’s employees have received privacy training prior to the beginning of the contract.

The Federal Information Security Management Act (FISMA) requires all individuals accessing FPS information, regardless of their employment status, be they Federal or Contractor employees, to take Information Security and Records Management Training annually. Both courses (Information Security and Records Management) can be obtained via government provided CD. The Contractor shall maintain copies of certificates as a record of compliance. The Contractor must submit an annual e-mail notification to the FPS COR that the required Information Security, Records Management, and Privacy training has been completed for all the contractor’s employees.

The privacy training can be obtained via government-provided CD or through the Homeland Security Information Network at https://share.dhs.gov/nppdprivacy101training/. DHS has also published a guidebook defining SPII and setting standards for SPII handling and protection. The DHS Handbook for Safeguarding SPII is a 30-page public document on the DHS Privacy Office website.

Link: http://www.dhs.gov/sites/default/files/publications/privacy/Guidance/handbookforsafeguardings ensitivePII_march_2012_webversion.pdf

4.2.2 Suspected loss or compromise of SPII.

• Contractor must report the suspected loss or compromise of SPII by its employees or subcontractors to the DHS Help Desk at 1-800-250-7911 within one (1) hour of the initial discovery.

• The Contractor must develop and include in its internal procedures (which are submitted to FPS via the vendors training plan) how its employees and subcontractors are trained to identify and report potential loss or compromise of SPII.

• The Contractor must provide a written report to the COR and NPPD Office of Privacy at NPPDPrivacy@hq.dhs.gov within twenty-four (24) hours of the suspected loss or compromise of SPII containing the following information:

o Narrative, detailed description of the events surrounding the suspected loss/compromise.

o Location, date, and time of the incident.

o Type of information lost or compromised.

o Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.

o Names of person(s) involved, including victim, Contractor employee/subcontractor and any witnesses.

o Cause of the incident and whether the company’s internal procedures were followed or not, and which specific provisions were not followed.

o Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

o Recommendations to prevent similar situations in the future, including whether the internal procedures need to be modified in any way and whether additional training may be required.

• Notwithstanding any other remedies available to NPPD, the contractor will indemnify the NPPD against all liability (including costs and fees) for any damages arising out of violations of this clause.

• The Contractor must cooperate with NPPD or other government agency inquiries into the suspected loss or compromise of SPII to facilitate activities outlined in the DHS Privacy Incident Handling Guide (PIHG) and Office of Management and Budget M-07-16, “Safeguarding Against https://share.dhs.gov/nppdprivacy101training/ http://www.dhs.gov/sites/default/files/publications/privacy/Guidance/handbookforsafeguardingsensitivePII_march_2012_webversion.pdf http://www.dhs.gov/sites/default/files/publications/privacy/Guidance/handbookforsafeguardingsensitivePII_march_2012_webversion.pdf mailto:NPPDPrivacy@hq.dhs.gov and Responding to the Breach of Personally Identifiable Information,” May 22, 2007. The DHS PIHG is an 88-page public document on the DHS Privacy Office website.

Link: http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf.

• At the government’s discretion, Contractor employees or subcontractor employees may be identified as no longer eligible to access SPII or to work on that contract based on their actions related to the loss or compromise of SPII.

• In the event that a SPII breach occurs as a result of the violation of a term of this contract by the Contractor or its employees, the Contractor shall, as directed by the contracting officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed twelve (12) months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor will be responsible for reimbursing the Government for those expenses.

Definitions.

“Breach” (may be used interchangeably with “Privacy Incident”) as used in this clause means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic.

“Personally Identifiable Information (PII)” as used in this clause means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States.

Examples of PII include: name, date of birth, mailing address, telephone number, Social Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Personally Identifiable Information (Sensitive PII)” as used in this clause is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Complete SSNs, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered Sensitive PII even if they are not coupled with additional PII. Additional examples include any groupings of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(1) Truncated SSN (such as last 4 digits) http://www.dhs.gov/xlibrary/assets/privacy/privacy_guide_pihg.pdf

(2) Date of birth (month, day, and year)

(3) Citizenship or immigration status

(4) Criminal history

(5) Medical information

(6) System authentication information such as mother’s maiden name, account passwords or personal identification numbers (PIN)

Other Personally Identifiable Information may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information but it is not sensitive.

5 PSO Qualifications

5.1 General Information

5.1.1 To be eligible to perform duties under this contract, a PSO shall meet the following general qualifications:

• Be a United States citizen; or a o Lawful Permanent Resident who is currently a member of, or who possesses a verifiable honorable discharge from, any component the United States Armed Forces

• Been issued a Social Security Card by the Social Security Administration, which bears the individuals name and social security number

• Have verifiable documentation of at least one experience level and at least one educational level or any reasonable combination listed below:

o Experience

A minimum of two (2) years of security (armed) or law enforcement experience;

or

A minimum of two (2) years of honorable service as a member of any U.S.

Armed Forces component o Education Received a High School Diploma from an accredited learning institution recognized by the U.S. Department of Education or as identified on a DD 214; or Received a General Equivalency Diploma from an accredited learning institution recognized by the U.S. Department of Education or as identified on a DD 214; or A minimum of 60 credit hours, in a related field, from an accredited learning institution recognized by the U.S. Department of Education; or Successful completion of a federal/state certified law enforcement education and training or police officer’s standard training course that may result in a law enforcement appointment or commission

• Shall fluently speak, read, comprehend, and compose coherent written reports in English

• Be a minimum of 21 years of age

5.1.2 The Contractor shall adhere to the minimum age requirements set forth by federal, state, or local laws. If a minimum age requirement exceeds the contract minimum age requirement of 21 years of age, the applicable law shall take precedence.

5.1.3 The Contractor shall ensure that no person who is an illegal or an undocumented alien is employed under this contract.

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.1.1 The Contractor is solely responsible for complying with the provisions of the Americans with Disabilities Act of 1990, (42 USC 12101-12213), Rehabilitation Act of 1973, (29 USC 790-794), and applicable Occupational Safety and Health Standards (OSHA) (29 CFR 1910).

5.2.1.2 The Contractor is solely responsible for ensuring PSOs are able to perform essential functions described within this SOW, with reasonable accommodation, if applicable. If reasonable accommodations are requested, the Contractor shall provide the information, in full detail, to the COR for review.

5.2.1.3 The COR shall review all reasonable accommodation documentation to ensure a PSO is capable of performing essential functions without creating a safety or security hazard/risk to self or others.

5.2.1.4 The PSO shall meet all medical and physical standards as prescribed in this contract.

5.2.1.5 The Contractor shall be responsible for removing Contractor Employees that do not meet all medical and physical standards and that are deemed incapable of performing essential duties and functions, as prescribed in this contract.

5.2.2 Pre-Employment Examinations

5.2.2.1 The Contractor shall ensure PSOs undergo a pre-employment medical and physical examination.

The Contractor shall ensure a licensed physician fully and accurately completes all sections of Exhibit 12, Physician’s Certification – PSO Medical Examination and Physical Abilities Test.

5.2.3 Drug Screening

5.2.3.1 PSOs shall submit to a urine drug screening as part of initial pre-employment process regardless of PSO’s past employment with a different vendor, random and Government-requested urine drug screenings throughout the contract period and at least every three (3) years.

5.2.3.2 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.”

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

5.2.3.4 The Contractor shall not permit an applicant/employee to take multiple urine drug screenings in order to receive an acceptable reading.

5.2.3.5 The Contractor shall perform random drug screenings of 1% of all PSOs assigned to this contract monthly.

http://www.samhsa.gov/

5.2.3.6 The Contractor shall immediately remove a Contractor Employee(s) from the contract and immediately inform the COR and CO of the results when a verified positive reading is received.

5.2.3.7 The Contractor shall provide monthly reports, detailing frequency and results of random drug screenings, to the COR on the 10th day of each month.

5.2.3.8 The Government may request a urine drug screening, in writing from the CO or COR, to the Contract Manager, at any time.

5.2.3.8.1 The Contract Manager shall arrange for the urine drug screening as soon as possible, but no later than three (3) working days upon receipt of written notification.

5.2.3.8.2 The Contractor Employee identified for a Government-requested urine drug screening shall not work under this contract until the test results have been received and a negative result have been verified by the CO or COR.

5.2.3.9 The Government shall permanently disqualify any Contractor Employee who undergoes either a pre-employment, random, or Government-requested drug screening and receives a verified positive (meets or exceeds cutoff levels) for any substance(s) from working under this or any other FPS PSO services contract.

5.3 Fitness Determinations

5.3.1 Personnel performing on this contract shall have a requirement to obtain a fitness determination conducted by the Government.

5.3.2 The Contractor shall have PSOs and Key Personnel submit Contractor Information Worksheets (CIW) to COR within ten (10) calendar days after contract award and shall have all other personnel working under or supporting this contract that will require frequent, unescorted access to government facilities provide the CIW as soon as practical.

5.3.3 Contractor personnel shall not be able to perform under this contract until receiving a favorable Enter on Duty (EOD) or fitness determination.

5.3.4 Once a prospective Contractor Employee applies for a position and receives a favorable evaluation by Contractor (i.e., meets the minimum qualification requirements cited in this contract and otherwise meets Contractor’s hiring criteria), the Contractor shall submit the following forms for each Contractor Employee to the COR:

• Contractor Information Worksheet (Exhibit 2)

• Two completed original Forms FD-258, Fingerprint Chart

• DHS Form 11000-9, Disclosure and Authorization Pertaining to Consumer Reports pursuant to

Fair Credit Reporting Act (Exhibit 4)

• Optional Form (OF) 306, Declaration for Federal Employment

• Following forms via e-QIP:

o Standard Form (SF) 85P, Questionnaire for Public Trust o Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

5.3.5 Once a completed personnel security package has been received, the standard processing time is generally fourteen (14) calendar days, so long as there are no derogatory issues. The Contractor should plan their security form submissions accordingly.

5.3.6 The Government shall make all fitness determinations for Contractors in accordance with criteria equivalent to 5 CFR 731.202.

5.3.7 Incumbent PSOs that are undergoing their periodic reinvestigation are eligible to continue supporting FPS contracts, as long as they are complying with their e-QIP requirement to submit updated security forms and associated personnel security intake processes. If the PSO is not compliant with the intake processes, their company representative may be directed by FPS to remove the PSO from the contract.

5.3.8 The Contractor shall submit updated personnel security paperwork 120 days prior to the previous investigation’s expiration date.

5.3.9 The Contractor shall ensure that all personnel security forms submitted to FPS are complete, legible, and accurate. FPS shall return illegible or incomplete forms.

5.3.10 The Contractors may use local, state, or federal law enforcement sources to obtain readable fingerprints on form FD-258 fingerprint cards. Two cards are required.

5.3.11 The CO shall have express authority to prohibit any Contractor Employee from performing under this contract until the Contractor Employee comes into full compliance with fitness criteria.

5.3.12 Investigations conducted by or for another federal agency on an individual that is of same or higher type and scope, as the one required for a position identified in this contract, is sufficient to meet investigation requirements, if the investigation occurred within the past five (5) years. The investigation will be obtained and reviewed in conjunction with new forms and pre-employment checks to make a fitness determination.

5.3.13 The Government shall grant reciprocal recognition to a prior favorable fitness or suitability determination when the following requirements have been fulfilled:

• The prior determination is based on criteria equivalent to suitability standards established by the OPM;

• The prior determination is based upon an investigation that is the same or higher level and that investigation was completed within the past five (5) years;

• The individual has had no break in employment and no break in service under a federal contract since that prior determination;

• New security forms as annotated in Section 5.3.4 are obtained; and

• New pre-employment automated records checks are completed.

5.3.14 The Government shall not grant reciprocal recognition of a prior favorable fitness or suitability determination when:

• The new investigation is a higher level of investigation than previously conducted;

• The Government obtains new information that calls into question the individual’s fitness based on character or conduct; or

• The prior investigative record shows conduct that is incompatible with the core duties of the new position or with the core mission of the agency.

5.3.15 For a Contractor Employee cleared through this process, while employed under a predecessor contract, the fitness determination made under that contract shall carry over to the new contract.

5.3.16 The 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 (5) years. In such cases, Government retains right to deem individual(s) as ineligible due to insufficient background information.

5.3.17 The Government shall have and exercise full and complete control over granting, denying, withholding, or terminating fitness determinations for Contractor Employees.

5.3.18 The Government may, as it deems appropriate, authorize and grant a preliminary fitness determination to Contractor Employees.

5.3.19 The issuance of a preliminary fitness determination to any Contractor Employee shall not be an assurance that FPS shall grant a final fitness determination at a later time.

5.4 Entry on Duty (EOD) Decisions

5.4.1 The Government 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.

5.4.2 The Government may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. A favorable EOD decision would allow Contractor Employees to commence work prior to completion of the full investigation.

5.4.3 The granting of a favorable EOD decision or a final fitness 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.

5.4.4 The Contractor shall not allow any Contractor Employee unescorted access to a Government facility without a favorable EOD decision or fitness determination by FPS.

5.4.5 A Contractor Employee awaiting an EOD decision may begin training for work, provided they do not access sensitive Government information or have access to Government facilities.

5.5 Favorable Determinations

5.5.1 A Contractor Employee is fit to work on an FPS PSO Services Contract for five years from the date the last investigation was completed; if nothing occurs within that five (5) year period that would render employee unfit for continuing performance under that contract.

5.6 Unfavorable Determinations

5.6.1 FPS shall immediately advise the Contractor if a Contractor Employee receives an unfavorable determination. The Contractor shall, in turn, immediately remove the Contractor Employee from the contract.

5.6.2 A Contractor Employee receiving an unfavorable determination shall receive formal notification that details the reason(s) for the determination.

5.6.3 The Contractor or Contractor Employee may appeal a fitness determination through the FPS Personnel Security Division (PSD). In such cases where the Contractor proceeds with the appeal process, the Contractor assumes risk until Government issues a final appeal determination.

5.6.4 The FPS shall provide the Contractor an opportunity to refute, explain, clarify, or mitigate adverse or derogatory information uncovered during the fitness determination process.

5.6.5 A Contractor Employee who receives an unfavorable determination notice shall not work under this or any FPS PSO Services Contract. This also applies to a Contractor Employee whose unfavorable adjudication is pending appeal.

5.6.6 Potentially disqualifying information includes, but is not limited to1;

• Conviction of a felony, a crime of violence, or a serious misdemeanor;

• Possessing a record of arrests for continuing offenses; or

• Falsification of information entered on background investigation forms.

5.7 Security Clearances

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

1 Refer to Title 5 Code of Federal Regulations, section 731.202(b) for criteria deemed equivalent by DHS for use of fitness adjudications.

5.7.2 The Government has determined that performance of this contract requires Contractor, subcontractor(s), vendor(s), etc., (herein known as Contractor) to access sensitive Government information and will not require access to classified National Security Information (herein known as classified information) up to and including N/A classification level or Special Access Programs (SAPs). Those unique descriptions shall be itemized in the Post Exhibit. Refer to specific security addendums attached to DD Form 254 for any unique agencies requirements.

5.7.3 The Contractor and Contractor Employees, in addition to meeting FPS background fitness requirements, shall require security clearance eligibility for this contract and task order(s).

5.7.4 A Contractor Employee shall be subject to a background investigation prior to working on site, where requirements for such security clearances exist. This requirement may also pertain to other Contractor Employees, who for any reason may visit a work site during the contract period.

5.7.4.1 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).

5.7.4.2 The Government, in partnership with Defense Industrial Security Clearance Office (DISCO), shall grant reciprocal recognition of clearance eligibility when the following requirements have been fulfilled:

• The prior determination is based on Executive Order 12968 standards;

• The prior determination is based on an investigation of the same or higher level , and that investigation was completed within the last five years;

• The prior clearance eligibility is the same or higher level; and

• There is not previously unknown or non-adjudicated derogatory information.

5.7.5 The Contractor shall comply with provisions of FAR 52.204-2 Security Requirements.

5.7.5.1 The 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).

5.8 Security Clearance Requirements

5.8.1 The Contractor shall abide by requirements set forth in the DD Form 254, NISPOM, and as directed by DSS, for the protection of classified information, if the contract requires access to classified information.

5.8.2 The Contractor and all applicable Contractor Employees shall receive clearances pursuant to Defense Industrial Security Regulations or other applicable regulations.

5.8.3 A Contractor Employee may not work at a classified post until a Visit Authorization Request Letter(s) or a final clearance is received.

http://www.dss.mil/isp/fac_clear/download_nispom.html http://www.dss.mil/

5.8.4 The Contractor shall comply with applicable subsection below as identified by CO;

5.8.4(a) The Contractor shall possess a facility clearance that is equal to level for work on this contract as specified in Section 5.7.2 prior to submission of proposal or quote.

5.8.4(b) The Government may sponsor the 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 5.7.2.

5.9 Security Clearance Determinations

5.9.1 A security clearance determination is a process, separate and distinct from a fitness determination. Personnel security clearances applications, SF Form 86, Questionnaire for National Security Positions, are available through the OPM e-QIP system.

5.9.2 The minimum investigative standards for access to Secret classified information shall be a National Agency Check with Law and Credit (NACLC).2

5.9.3 The minimum investigative standard for access to Top Secret classified information shall be a Single Scope Background Investigation (SSBI).

5.9.4 The Contractor shall only submit security packages on prospective employees whose integrity, credit, and character shall meet fitness and security requirements of this contract.

5.9.5 The Government may not be able to complete a satisfactory background investigation on Contractor Employees not residing in United States for three of the past five years. In such cases, DHS retains right to deem a Contractor Employee as ineligible due to insufficient background information.

5.9.6 The Government may grant interim CONFIDENTIAL or SECRET clearance eligibility as appropriate, provided there is no evidence of adverse information of material significance; exceptions— those agencies with specific security requirements that do not accept interim Secret clearance eligibility, as identified within DD 254.

5.9.6.1 DHS shall not accept interim TOP SECRET clearances.

5.9.7 The Contractor shall notify the COR in writing, via a Visit Authorization Request Letter within five

(5) calendar days of receipt of DSS authorization for employees eligible for assignment to classified areas.

5.9.8 The Contractor shall immediately remove a Contractor Employee from this contract who receives a notice of denied clearance eligibility.

2 While DISCO facilitates adjudication of the NACLC, the FPS personnel security office will concurrently schedule and adjudicate a MBI to make a Moderate Risk Position fitness determination.

5.9.8.1 The COR shall advise the Contractor that a Contractor Employee shall not work under this contract at those locations which require a security clearance.

5.9.8.2 The Contractor Employee may appeal the denied clearance determination to DSS.

5.9.8.3 If the Contractor proceeds with the hiring process, the Contractor assumes all risks until the Government issues a final determination of the Contractor Employee’s security clearance eligibility.

6 Training

6.1 General Information

6.1.1 The COR has discretion to accept or deny proposed exemptions for previous training and/or certifications obtained under another FPS contract. Previous training and certification documentation and/or credentials shall be valid and meet requirements of this contract to be considered.

6.1.2 For pay purposes, the Government considers time spent by certified PSOs in training as equivalent of time spent standing post.

6.1.3 The Contractor shall apply payment requirements of Fair Labor Standards Act (FLSA) for pre-certification training provided by the Contractor.

6.1.4 Required training syllabi are provided in the SOW Exhibits.

6.2 Training Schedule

6.2.1 The Contractor shall provide a one-month-in-advance monthly training schedule to the PSOPM by the 10th day of each month and shall include, at a minimum,

• Location (Complete address)

• Date

• Time

• Course Outline (to include but not limited to, block of instruction topic and time)

6.2.2 The Contractor shall notify the PSOPM of any changes to previously scheduled training and qualifications sessions at least then (10) calendar days before the date of training.

6.2.3 The Contractor is responsible for scheduling and coordinating all training, examinations, and/or weapons qualifications with the PSOPM. Training should be scheduled to the maximum extent possible during normal business hours; however there will be occasions where training may be required during non-business hours.

6.2.4 The Contractor shall ensure the PSOs attend all scheduled training, examination, and qualification sessions.

6.3 Training Certifications

6.3.1 The Contractor shall certify the completion of training and certification requirements in accordance with this SOW.

http://www.dol.gov/compliance/laws/comp-flsa.htm

6.4 Training Requirements

6.4.1 Training requirements outlined within this contract may include initial, one-time only, refresher or any other type of training course, as outlined in this SOW and Exhibit 6. Exhibit 8, Contractor – Provided Training and Exhibit 9- Government Provided Training, contains training information and outlines specific training requirements. The Government reserves the right to monitor any training session.

6.4.2 The Contractor shall schedule Contractor Employees for the PSO Basic Training Examination after completing the Contractor-Provided Basic Training course, receiving a favorable pre-employment fitness determination, and the validation of documents outlined in Section 7.2.5.

6.4.2.1 The PSO Basic Training Examination has fifty (50) multiple-choice questions, developed from the SMART Book.

6.4.2.2 The Contractor Employee shall obtain a minimum score of 70%.

6.4.2.3 If the Contractor Employee does not obtain a minimum score of 70% on the first attempt, they may have one (1) additional attempt within ninety (90) days from initial test date.

6.4.2.4 If the Contractor Employee does not obtain a minimum score of 70% on the second attempt, they shall wait a minimum of ninety (90) days and then complete all pre-employment training and certification requirements.

6.4.2.5 The Contractor Employee shall not work on any FPS PSO Services Contract until a minimum of 70% is obtained.

6.4.3 The Contractor shall ensure all PSOs complete the 40-hour block of Contractor-Provided Refresher Training every three (3) years;

• Initially, within three (3) years from the date of a PSO completing the basic training written examination.

• Subsequently, within three (3) years from the PSOs most current Contractor-Provided Refresher Training date.

6.5 Automated External Defibrillator (AED), Cardiopulmonary

Resuscitation (CPR), First Aid, or Emergency Medical Technician (EMT)

6.5.1 The PSO shall maintain a valid and current certification for First Aid/CPR/AED, from the American Red Cross (ARC) or American Heart Association (AHA).

http://www.redcross.org/ http://www.heart.org/HEARTORG/

6.5.1.1 PSOs that possess a valid and current Emergency Medical…