DRAFT HSTS07-11-R-00011 Critical Incident Solicitation.pdf

HSTS07-11-R-00011/Critical Incident Solicitation

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See Attachment 1, Price Evaluation Sheet, for a complete Line Item descriptions, quantities, and additional information.

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The following minimum and maximum ordering obligations are anticipated for contract award under this solicitation/contract:

Minimum Ordering Obligation: $120,000.00 Maximum Ordering Obligation: $2,500,000.00

The government has no obligation to issue delivery orders (DO) to the contractor beyond the minimum ordering obligation specified above. The minimum ordering obligation may be met through any combination of Delivery Orders during the base year of this contract.

The terms, conditions, clauses and provisions contained in this solicitation/contract shall be applicable to the contract and DOs issued under this contract, unless otherwise specified by an individual DO. The terms and conditions provided within this document are intended to cover the various situations, which may occur during performance. Other terms and conditions may be specified in a DO that is applicable only to that particular DO, depending on the circumstances.

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This is a five-year, firm fixed price, indefinite delivery/indefinite quantity (IDIQ) type contract.

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SECTION I: Objective & Scope

Services Needed: The purpose of this contract is to provide Critical Incident debriefing and training services to the employees of the Department of Homeland Security (DHS), Transportation Security Administration (TSA) Office of Law Enforcement (OLE) / Federal Air Marshal Service (FAMS) and their families. The Contractor shall provide service delivery for all FAMS employees and their families located throughout the United States.

Scope: The Contractor shall develop and provide critical incident debriefing, training and response services including, but not limited to, the following:

A. Critical Incident Response and Debriefing Services B. Field Office Training C. Critical Incident Stress Management (CISM) Training and Suicide Prevention/

Intervention/Postvention Training D. Emergency Call Center

SECTION II: Background

The Critical Incident Response Program (CIRP) coordinates and provides employee support services and deploys CIRP teams to respond to traumatic critical incidents. The CIRP is compromised of trained and certified OLE/FAMS employees (i.e., peer supporters) who provide support services and information/direction to employees to help them cope with stressors and traumatic incidents. A certified peer supporter is not a licensed clinician or therapist. The program also uses CIRP teams, which are comprised of trained and certified collateral duty OLE/FAMS employees who are deployed to respond to traumatic critical incidents according to the unique circumstances of the situation. The CIRP interfaces with other TSA and DHS assets through participation in high-level task forces and advisory councils to help employees, managers, and organizations meet life challenges and remain healthy, engaged, and productive. OLE/FAMS seeks to expand its employee support services by acquiring contractor-provided professional critical incident response and debriefing services, training courses and an emergency call center.

SECTION III: Basic Requirements

The Contractor shall identify and/or hire personnel possessing the professional expertise to operate, administer, and manage the contract, meeting all requirements set forth in this Statement of Objectives (SOO).

A. Critical Incident Response and Debriefing Services:

The Contractor shall provide on-site qualified professional mental health critical incident services, which will include debriefings, consultations and/or management briefings with affected personnel, management and/or families. The services shall be tailored to law enforcement officers and will be provided using a network of qualified mental health professionals with specialized experience in a law enforcement environment.

The mental health professionals shall have extensive experience with law enforcement officer critical incident response and debriefing, as demonstrated by an advanced degree in a mental health discipline and a minimum of 5 years of critical incident and debriefing experience with law enforcement personnel. The mental health professionals shall adhere to professional standards and best practices in law enforcement critical incident response identified by organizations such as the International Association of Chiefs of Police (IACP), American Psychological Association (APA) and/or International Critical Incident Stress Foundation (ICISF).

At least one mental health professional shall be located within 100 miles of the following major cities; Atlanta, Boston, Charlotte, Chicago, Cincinnati, Cleveland, Dallas, Denver, Detroit, Houston, Las Vegas, Los Angeles, Miami, Minneapolis, New York, Newark, Orlando, Philadelphia, Phoenix, Pittsburg, San Francisco, Seattle, and shall be available 24 hours a day, 7 days a week for immediate intervention for OLE/FAMS staff who have been identified as being in crisis by the SAC of the CIRP and/or the SAC of the Medical Programs Division. The Contractor shall ensure that a mental health professional is on-site within 48 hours of request from the Contracting Officer, CIRP SAC, COTR, or other individual designated by the Contracting Officer.

OLE/FAMS estimates the annual number of critical incidents requiring a response to be at least six. Since it is impossible to predict the exact number of potential incidents, the Contractor shall have the ability/flexibility to provide services for additional critical incidents. The duration of each debriefing and consultation is expected to vary according to the requirements of each critical incident.

B. Field Office Training:

At the request of the FAM Service, the Contractor shall provide up to 16 hours annually of training at Government facilities, to be delivered by mental health professionals with specialized experience in a law enforcement environment to OLE/FAMS staff located at the following major cities; Atlanta, Boston, Charlotte, Chicago, Cincinnati, Cleveland, Dallas, Denver, Detroit, Houston, Las Vegas, Los Angeles, Miami, Minneapolis, New York, Newark, Orlando, Philadelphia, Phoenix, Pittsburg, San Francisco, Seattle. This training will be provided in blocks or modules of one hour to four hours duration throughout the year and at the request of and with coordination through the CIRP SAC, COTR or Field Office CIRP. This training can be “off-the-shelf” training not specifically designed for FAMs, and the purpose of the training is to 1) educate field office and training facility staff on critical incident and resiliency related topics such as stress management, coping strategies, etc. and 2) provide a forum for the Contractor’s network of law enforcement mental health professionals to become acquainted with OLE/FAMS personnel and develop relationships in the event of a future critical incident in the field offices/training facilities. NOTE: The numbers of training days/sessions provided in this section are estimates to be used for planning purposes and shall not be considered contractual guarantees nor limits.

C. CISM Training and Suicide Prevention/Intervention/Postvention Training:

The Contractor shall develop the following training courses and must be able to deliver any or all of them during the contract period as determined by the government. It is anticipated that the Contractor will be required to provide a minimum of 5 not to exceed 10 training days annually to approximately 100 to 130 law enforcement officers and/or supervisors of the Critical Incident Response Program, per class. The Government anticipates a minimum of one training session per year, not to exceed three, which will be conducted in the Washington, DC area. These training sessions should be designed to be delivered in 2-5 day blocks, and the topics listed below should be designed to be delivered in whole or blended together. The SAC of the CIRP will inform the Contractor of projected training opportunities so that multiple training sessions can be scheduled consecutively and within the same week, if feasible. The Government will provide the facilities for the training; however, the contractor shall be responsible for providing all required training materials (e.g., textbooks). All of the following training courses shall be tailored to meet the specific needs of OLE/FAMS and the training platforms should meet the best practices identified by organizations such as the International Association of Chiefs of Police (IACP), American Psychological Association (APA) and International Critical Incident Stress Foundation (ICISF).

NOTE: The numbers of training days/sessions provided in this section are estimate to be used for planning purposes and shall not be considered contractual guarantees nor limits.

1. Peer Support Training – The Contractor shall develop and provide a “train-the-trainer” course that will prepare OLE/FAMS employees to train and certify other personnel as collateral duty Peer Support personnel who will, upon completion, be able to demonstrate strong interpersonal communication and listening skills and be able to identify the need for appropriate referrals.

2. CISM Basic Training – The Contractor shall develop and provide a course in

Critical Incident Stress Management (CISM) that will train and certify personnel in the entry-level of the Critical Incident Response Program. The course shall be based on an established methodology for utilizing peer support, mental health and chaplaincy in the response to critical incidents and include training modules such as basic group intervention and suicide awareness/prevention. Upon completion of the course, participants will have the knowledge and tools needed to provide group crisis interventions such as demobilizations, defusing’s and the Critical Incident Stress Debriefing (CISD) and be able to identify the need for appropriate follow-up services and referrals when needed.

3. CISM Advanced Training – The Contractor shall develop and provide a course in advanced Critical Incident Stress Management (CISM) that will train and certify personnel with advanced experienced in the Critical Incident Response Program. The course shall be based on an established model of peer support that includes mental health and chaplain response to critical incidents, psychodrama, and includes training modules such as advanced group intervention, line of duty deaths and notifications, etc. Upon completion participants will have the understanding of the concepts of enhanced group processes and be able to conduct CISDs and other CISM-related duties.

4. CISM Trainer Refresher Course – The Contractor shall develop and provide a refresher course for Critical Incident Response Program personnel who have previously completed CISM Advanced Training. The refresher course shall include a streamlined overview of topics addressed in CISM Advanced Training and significant changes and updates in the field of CISM.

5. Suicide Prevention/Intervention/Postvention Training – The Contractor shall develop and provide a “train-the-trainer” course that will prepare OLE/FAMS employees to train other personnel on suicide prevention, intervention, and postvention techniques. The course shall include training modules such as recognizing the warning signs of suicide, the “do’s” and “do not’s” of suicide intervention, how to offer hope, how to get help, and strategies for dealing with suicide survivors.

D. Emergency Call Center:

The contractor shall staff and operate an Emergency Call Center that will provide OLE/FAMS employees access 24 hours a day, 7 days a week. It should have a dedicated number for OLE/FAMS employees and should include an option for staff to utilize Short Message Service (SMS) and web chat as an alternative means of communication with call center staff. The call center shall be staffed to keep waiting time to less than one minute. The contractor shall have licensed mental health clinicians, with experience working with law enforcement personnel, available at all times to respond to all emergency and traumatic incident calls (i.e., those calls where it has been determined that an OLE/FAMS staff member is in crisis). While the licensed mental health clinician is not required to answer the phones at the call center, they must be able to respond within 15 minutes of the emergency or traumatic incident call.

Additionally, the contractor shall be knowledgeable, or become knowledgeable, of the FOH Employee Assistance Program (EAP), OLE/FAMS Medical Programs Division and the services they provide. The contractor shall direct callers to contact EAP for issues that are not in an immediate crisis (e.g., traumatic, life threatening, etc.).

During the period of performance of the contract there may be events or workforce/workplace changes that necessitate other critical incident related services.

Therefore, the contractor must be flexible to accommodate change orders that implement these ad hoc services.

SECTION IV: Deliverables

1. The Contractor shall submit a comprehensive monthly status report detailing the activities performed under this contract. This report shall include a summary of services provided during the reporting period to include, at minimum but not be limited to:

A. Number of phone calls received by the Emergency Call Center B. Nature of phone calls received by the Emergency Call Center C. Number of employees trained and type of training conducted D. Summary of travel during the reporting period E. Detailed report of significant critical events occurring during the reporting period to include, at minimum, a description of the critical events, or other issues, the services provided to employees, future recommendation, etc.

F. Monthly Funding Summary, which details the obligation amounts for each task/Contract Line Item Number (CLIN), amount expended during reporting period, and outstanding balance of funds.

Deliverable Due Date: the 10th of each month for activity conducted during the previous month

2. The contractor shall prepare an operations manual that documents the processes and procedures for performing Critical Incident Response and Debriefing services and Emergency Call Center services. The manual shall detail the standard practices to be followed to ensure that the network of mental health professionals and call center staff are performing tasks in a consistent and reliable manner throughout the period of performance.

Deliverable Due Date: The contractor shall submit a draft manual within 1 month after contract award. The Government will review and return comments within 15 days of submission of draft manual. The contractor shall not perform any Emergency Call Center or Critical Incident Response and Debriefing Services, unless specifically authorized by OLE/FAMS, while the manual is in draft form.

3. The Contractors shall conduct training evaluations following each training session to obtain feedback from students on the training. Results will be compiled by the Contractor and submitted to OLE/FAMS.

Deliverable Due Date: Within 10 days of the completion of each training course

Performance Period: The resultant contract will be a five year Indefinite Delivery Indefinite Quantity (IDIQ) contract. Each task order will define the period of performance for each task.

Location of Performance: Performance may be required throughout the Continental United States (CONUS) and Alaska, Hawaii and Puerto Rico.

Travel Requirements: Travel frequency and location will be specific to each task order.

All travel shall be in accordance with the Federal Travel Regulations (FTR). A summary of all travel shall be provided in the monthly report. The summary shall include: names of individuals that travel, location of travel, duration of trip, and reason for travel.

SECTION V: Requirements for Handling Sensitive, Classified, and/or Proprietary Information

1. Confidentiality – The contractor is bound by statute and professional ethics to prevent the disclosure of information shared between employees/clients and contract and/or subcontract counselor(s) or other program officials without the express written consent of the employee/client, or as otherwise permitted by law. Confidentiality will not be maintained in those instances when the employee/client has been clinically judged to be a danger to himself/herself or to others; where child, elder, or spouse abuse has occurred, or in other instances where the reporting of information is required by a State.

Non consensual disclosure is authorized to the extent necessary to prevent an imminent crime, which directly threatens loss of life or serious bodily injury, or other criminal activity which is felonious in nature, involving an employee.

2. Sensitive Security Information (SSI) – The requirements of this contract may require the contractor to possess or generate SSI. The contractor shall abide to all contract clauses pertaining to SSI.

3. Personally Identifiable Information (PII) – The requirements of this contract will require the contractor to possess or generate PII. The contractor shall abide to all contract clauses pertaining to PII.

Storage of Information - The contractor shall retain all records generated during the performance of this contract in electronic Portable Data File (PDF) formats consistent with TSA’s requirements. The contractor must organize all records in a manner that enables the records to be easily and quickly located and accessed. Total data shall be provided to the Government at the end of the contract’s Period of Performance (PoP). Periodic requests for records may be initiated by the Government throughout the PoP. The contractor shall provide the requested records within one business day of the request.

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Delivery shall be in accordance with FAR 52.247-34, FOB Destination.

In the event the Government requires delivery of any item besides the deliverables identified within the Statement of Objectives (SOO) specific shipping directions will be provided by the Contracting Officer.

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The contractor is subject to the Inspection and Acceptance provisions within FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2003) (February 2007) paragraph (a) Inspection/Acceptance. See Section I-52.212-4 Contract Terms and Conditions – Commercial Items.

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Period of Performance: The contract will be a five year IDIQ. Delivery/Task Orders may be placed between day of award through 1825 days.

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The contractor shall perform the work under this contract at locations specified in the Statement of Work, and at such other locations as approved in writing by the Contracting Officer.

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Unless otherwise specified, all reports shall be Emailed to the following addresses:

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(a) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract unless otherwise authorized in a modification to the base contract and/or Delivery Orders issued under the base contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) The Contractor shall submit requests for modification of this contract to:

Robert P. Kirzow Contracts & Procurement Division 200 West Parkway Drive - Suite 300 Egg Harbor Township, NJ 08234

(c) Contractual problems of any nature should be handled as soon as possible, and according to applicable public laws and regulations (e.g., Federal Acquisition Regulation). The problem resolution escalation sequence for this contract should be as follows: 1) initial point of contact for problem resolution should be the individual requesting or receiving the service, 2) then the Contracting Officer that placed the order, ultimately, the Contracting Officer for the Contract its self is authorized to formally resolve the problem.

(d) Requests for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the Contracting Officer.

(e) The Contracting Officer at each authorized using activity has the following authority and responsibility under this contract:

(1) Issue Delivery Orders.

(2) Complete any and all administrative contractual actions with the Contractor concerning those Delivery Orders issued by their office.

(3) Terminate Delivery Orders, issued by their office, for convenience with no additional cost to the Government.

(4) The authority to issue Cure/Show Cause Notices and Terminate for Default is specifically retained by the Contracting Officer.

(f) A Contracting Officer’s Technical Representative (COTR) monitors all technical aspects of the contract and assists in contract administration. The COTR is authorized to perform the following functions: assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including Government drawings, designs, specifications;

monitors Contractor’s performance and notifies both the Contracting Officer and the Contractor of any deficiencies; coordinates the availability of government-furnished property, and provides site entry of Contractor personnel. A letter of delegation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates.

(1) The COTR is not authorized to change any of the terms and conditions of the contract.

Changes in the scope of the work shall be authorized only by the Contracting Officer in a properly executed written modification to the contract.

(2) The COTR is NOT authorized to re-delegate his or her authority.

(3) The COTR is NOT authorized to initiate acquisition actions by use of Delivery orders on this contract.

(g) The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract.

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Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

Communications pertaining to the contract administration will be addressed to the Contracting Officer. No changes to the statement of work are authorized without a written modification to the contract executed by the Contracting Officer.

The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action, which obligates the Government. Then, such action must be set forth in a formal written modification to the contract.

Contractors who reply on direction from other than the Contracting Officer do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer, or Contract Specialist.

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(a) The address and e-mail of the Contracting Officer is:

Robert P. Kirzow Contracts & Procurement 200 West Parkway Drive - Suite 300

E-mail: robert.kirzow@dhs.gov

(a) The address and e-mail of the Contracts Specialist is:

TBD

Contracts & Procurement 200 West Parkway Drive - Suite 300

E-mail: TBD mailto:robert.kirzow@dhs.gov�

(b) The Contractor shall provide to the Contracting Officer a copy of any correspondence received from any Government activity involved with this contract that is related, or might be related, to a contractual matter.

(c) The address and telephone number of the Contracting Officer’s Technical Representative (COTR) is:

TBD-The COTR shall be provided to the successful offeror at time of award.

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(a) All OLE-FAMS Contracts and Procurement Division Contracting Officers are authorized to order against this contract.

(b) This contract is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract based on fixed unit prices against which individual orders will be placed on a Firm Fixed Price basis. Delivery Orders will be issued in accordance with the terms and conditions of Section G.6 titled “Delivery Orders” below.

(c) All orders shall incorporate and be written in accordance with the terms and conditions of the basic contract. The total price for each order will be established at the time the Delivery Order is placed and based on the IDIQ contract prices in effect at the time such order is placed. The unit price for each Delivery Order shall be in accordance with the pricing schedule of the basic contract.

(d) The estimated quantity range shown in the schedule is an estimate of how the FAMS plan to order in accordance with this contract. The contractor shall not accept this range as an indication that a steady flow of work can be expected. The estimates or quantity ranges stated in the schedule are based upon the Government estimates.

(e) Accounting and Classification Funds are obligated by each Delivery Order, on a DD Form 1449, not by the Contract itself.

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(a) Delivery Orders issued under this contact will contain the following information:

(1) Date of order;

(2) Contract number and Delivery Order number;

(3) CLIN and contract price;

(4) Delivery statements of work;

(5) Required Delivery Schedule;

(6) “Ship to” location;

(7) Accounting and appropriation data; and

(8) Any other pertinent information;

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(a) The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).

(b) Invoices may be submitted via U.S. Mail, electronic mail, or facsimile. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the three methods is as follows:

(1) U.S. Mail:

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

(2) Electronic Mail:

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(3) Facsimile:

757-413-7314. Facsimile submissions should be addressed to TSA Invoices.

(c) The electronic mail address and facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If either electronic mail or facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used.

Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (e) of this clause.

(d) Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Technical Representative and/or Contracting Officer for review and approval. Upon approval, the TSA Contracting Officer will electronically route the invoices back to FinCen. Upon receipt of approved invoices from a TSA Contracting Officer, and the subsequent certification by an Authorized Certifying Official, FinCen will initiate payment of the invoices.

(e) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

(1) Via the internet: https://www.fincen.uscg.mil/secure/PH_menu.htm

(2) Contacting the FinCen Customer Service Section via telephone at (757) 523-6940 (Voice

Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

(3) Via the Payment Inquiry Form https://www.fincen.uscg.mil/secure/payment.htm mailto:FIN-SMB-TSAINVOICES@USCG.MIL� https://www.fincen.uscg.mil/secure/PH_menu.htm� https://www.fincen.uscg.mil/secure/payment.htm�

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(a) Invoices shall include the information required in clause 52.212-4 Contract Terms And Conditions (g)(1), including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number.

(b) Invoices that fail to provide the information required by the clause 52.212-4 Contract Terms And Conditions (g)(1) may be rejected by the Government and returned to the Contractor. Such rejection by the Government does not entitle the Contractor to interest payments from the date of submission of a rejected invoice. Interest payments apply only to proper invoices that are received by the Government.

(c) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Clause 52.212-4 in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Technical Representative.

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In addition to the invoice requirements contained in other clauses of this Contract, the Contractor shall prepare invoices in accordance with the following:

(a) The Contractor shall clearly identify the period of performance for services performed for each invoice.

(b) The Contractor shall submit separate invoices for services performed under Fixed Price-type CLINs and services performed under Cost Reimbursement-type CLINs.

(c) The Contractor agrees to work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

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SECTION H – SPECIAL CONTRACTING REQUIREMENTS

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Contractor shall attend a Post-Award Conference. The Contractor will be notified of the exact time and location of the conference not later than seven calendar days prior to the scheduled date of the conference.

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(a) The Contractor shall not use or allow to be used any aspect of this contract for publicity, unless authorized to do so in writing by the Contracting Officer.

(b) “Publicity” means, but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television etc.), communications with the media, or marketing. It is further understood that this obligation shall not expire upon completion or termination of this contract, but will continue indefinitely.

(c) The Contractor shall obtain prior written approval from the Contracting Officer for any and all publicity or press releases made in connection with this contract and the Contractor’s performance thereof.

(d) The Contractor shall include the substance of this clause in each subcontract issued under this contract.

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(a) The effort to be performed by this contract may require access and protection of sensitive information and data. The contractor shall ensure that all appropriate security and protection actions are taken, including providing cleared personnel and procedures, consistent with the TSA security requirements.

(b) The contractor shall comply with the following TSA Management Directives and any updates, as applicable:

1. TSA Management Directive No. 2800.3, “Control of Secure Terminal Equipment (STE) Telephones.”

2. TSA Management Directive No. 2800.31, “Control of Integrated Services Telephone (IST) Telephones.”

3. TSA Management Directive No. 2800.5, “Foreign Travel Briefing and Contact Reporting Requirements.

4. TSA Management Directive No. 2800.8, “Information Security (INFOSEC) Program”.

5. TSA Management Directive No. 3700.2, “Safeguarding Sensitive Personally Identifiable Information Outside of TSA Facilities.”

6. TSA Management Directive No. 3700.3,”Destruction of Sensitive PII.”

(c) The Government may update this list during contract performance.

(d) In the event of a conflict of interest between the requirements of these documents and terms of this contract, the terms of the Contract shall control.

(e) All referenced documents are provided as attachments to this contract.

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Competition for this requirement shall be limited to qualified small business vendors under the North American Industry Classification System (NAICS) code 621330, Counseling Services. The applicable size standard with this NAICS code is $5M. By submission of a quote/proposal for this requirement, the contractor shall be deemed to have certified itself as a qualified small business under this NAICS code.

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

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat.

2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

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

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

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

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

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

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

(End of clause)

HH..66 SECURITY OF SYSTEMS HANDLING PERSONALLY IDENTIFIABLE INFORMATION

AND PRIVACY INCIDENT REPONSE

(a) 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 social security numbers (SSN), 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) Driver’s license number, passport number, or truncated SSN (such as last 4 digits)

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

(3) Citizenship or immigration status

(4) Financial information such as account numbers or Electronic Funds

Transfer Information

(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.

Sensitive PII have higher impact ratings for purposes of privacy incident handling.

(b) Systems Access. Work to be performed under this contract requires the handling of Sensitive PII. The contractor shall provide the Government access to, and information regarding its systems, when requested by the Government, as part of its responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent validation testing of controls, system penetration testing by the Government, Federal

Information Security Management Act (FISMA) data reviews, and access by agency Inspectors General for its reviews.

(c) Systems Security. In performing its duties related to management, operation, and/or access of systems containing Sensitive PII under this contract, the contractor, its employees and subcontractors shall comply with applicable security requirements described in DHS Sensitive System Publication 4300A or any replacement publication and rules of conduct as described in TSA MD 3700.4

In addition, use of contractor-owned laptops or other media storage devices to process or store PII is prohibited under this contract until the contractor provides, and the contracting officer in coordination with CISO approves, written certification by the contractor that the following requirements are met:

(1) Laptops employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 or successor approved product;

(2) The contractor has developed and implemented a process to ensure that security and other applications software are kept current;

(3) Mobile computing devices utilize anti-viral software and a host-based firewall mechanism;

(4) When no longer needed, all removable media and laptop hard drives shall be processed (i.e., sanitized, degaussed, or destroyed) in accordance with DHS security requirements.

(5) The contractor shall maintain an accurate inventory of devices used in the performance of this contract;

(6) Contractor employee annual training and rules of conduct/behavior shall be developed, conducted/issued, and acknowledged by employees in writing. Training and rules of conduct shall address at minimum:

(i) Authorized and official use;

(ii) Prohibition against use of personally-owned equipment to process, access, or store Sensitive PII;

(iii) Prohibition against access by unauthorized users and unauthorized use by authorized users; and

(iv) Protection of Sensitive PII;

(7) All Sensitive PII obtained under this contract shall be removed from contractor-owned information technology assets upon termination or expiration of contractor work. Removal must be accomplished in accordance with DHS Sensitive System Publication 4300A, which the contracting officer will provide upon request. Certification of data removal will be performed by the contractor’s Project Manager and written notification confirming certification will be delivered to the contracting officer within 15 days of termination/expiration of contractor work.

(d) Data Security. Contractor shall limit access to the data covered by this clause to those employees and subcontractors who require the information in order to perform their official duties under this contract. The contractor, contractor employees, and subcontractors must physically secure Sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

When Sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed through means that will make the Sensitive PII irretrievable.

The contractor shall only use Sensitive PII obtained under this contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the contracting officer. At expiration or termination of this contract, the contractor shall turn over all Sensitive PII obtained under the contract that is in its possession to the Government.

(e) Breach Response. The contractor agrees that in the event of any actual or suspected breach of PII (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), it shall immediately, and in no event later than one hour of discovery, report the breach to the contracting officer, the Contracting Officer’s Technical Representative (COTR), and the TSA Director of Privacy Policy & Compliance (TSAprivacy@dhs.gov). The contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government parties.

(f) Personally Identifiable Information Notification Requirement. The contractor has in place procedures and the capability to promptly notify any individual whose Sensitive PII was, or is reasonably believed to have been, breached, as determined appropriate. The method and content of any notification by the contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk-based analysis conducted by the Government in accordance with DHS Privacy incident Handling Guidance. Notification shall not proceed unless the Government has determined that: (1) notification is appropriate; and (2) would not impede a law enforcement investigation or jeopardize national security.

Subject to Government analysis of the breach and the terms of its instructions to the contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. At minimum, a notification should include: (1) a brief description of how the breach occurred; (2) a description of the types of personal information involved in the breach; (3) a statement as to whether the information was encrypted or protected by other means; (4) steps an individual may take to protect themselves; (5) what the agency is doing, if anything, to investigate the breach, to mitigate losses, and to protect against any further breaches; and (6) point of contact information identifying who affected individuals may contact for further information.

In the event that a PII 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 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.

(g) Pass-Through of Security Requirements to Subcontractors. The contractor agrees to incorporate the substance of this clause, its terms and requirements, in all subcontracts under this contract, and to require written subcontractor acknowledgement of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

HH..77 PPRROOCCEEDDUURREESS AAPPPPLLIICCAABBLLEE TTOO CCOOMMPPEETTIITTIIVVEE NNEEGGOOTTIIAATTEEDD CCOONNTTRRAACCTTSS AANNDD OORRDDEERRSS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition.

However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit their Certified cost of Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

HH..88 NON-PERSONAL SERVICES

“Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee.