Janitorial PWS FEMA Region 1 FRC 2025-2026.pdf

PERFORMANCE WORK STATEMENT

Janitorial Services for the

Federal Regional Center

October 12, 2025

TABLE OF CONTENTS

Paragraph Description Page

1.0 3

1.1 3

1.2 4

1.3 4

1.4 4

1.5 5

1.6 6

1.7 7

1.8 9

1.9 9

1.10 9

1.11 9

1.12 10

1.13 10

1.14 10

1.15 11

1.16 17

1.17 18

1.18 19

1.19 19

1.20 19

1.21

1.22 20

1.23 20

1.24 21

1.25 21

2.1 22

2.2 22

2.3 23

2.4

Scope of Work

General

Location

Worksite Description

Personnel

Qualifications of Contract Employees

Roles of Government Personnel

Quality Control

Quality Control Plan Acceptability

Performance Evaluation Meetings

Hours of Operation & Federal Holidays

Security

Conservation of Utilities

Environmental Program

Interface

Safety/Security Requirements &Reporting

Insurance Requirements

Government Quality Assurance

Subcontracting

Service & Maintenance Management

Start-up Deficiency Report

Contractor Contact with Government

Personnel, Caution to Contractor

Vehicle Registration & Access Pass

Reporting Requirement

Coordination with Other Contractors

Transition Period

General

Facility Information

Parking

Telephone Services 23

2.5 23

2.6 23

2.7 23

2.8 23

3.0 23

4.0

4.1 25

4.2 25

5.0 26

6.0 28

6.1 28

6.2 30

6.3 35

6.4 37

6.5 39 6.6

6.7

Fuels

Forms

Standard Operating Procedures

Copier Access

Contractor Furnished Property

Documents, Directives, Regulations

& Publications

Applicable Documents

Contractor Furnished Documents

Definitions/Acronyms

Janitorial Services Work Elements

General

Cleaning Area and Schedule Bldg. A

Operational Requirements

Disinfection facility/portions of a facility

Emergency Call-Back Service

Contractor Records

Reports

Deliverables

1.0 SCOPE OF WORK

1.1 GENERAL

a. The work described in this Performance Work Statement (PWS) provides for management, supervision, labor, transportation, supplies, material and equipment required to effectively, economically and satisfactorily perform the Janitorial Services and miscellaneous utility work at the Federal Regional Center (FRC) located at 63 Old Marlboro Road, Maynard, MA, respectively. The Period of Performance for this contract will be from January 12, 2026 to December 12, 2026 (11 months).

b. The work shall be conducted in strict accordance with the contract and all applicable

Federal, State, and local laws, regulations and codes. Contractor shall ensure that all work provided meets or exceeds performance standards specified. Contractor shall perform all related contractor administrative services necessary to perform the work.

c. The Contractor or his representative having authority to bind the Contractor, shall be required to visit the site quarterly and meet with representatives of the Contracting

Officer (CO) to discuss and develop mutual understanding relative to safety precautions, labor provisions, and other contractual requirements. The quarterly site visit requirement can be cancelled only at the discretion of the CO. The Government also reserves the right to schedule special meetings to discuss or resolve issues/problems it deems to be critical.

1.2 LOCATION: Federal Regional Center (FRC)

63 Old Marlboro Road-Building A

Maynard, MA 01754

1.3 WORKSITE DESCRIPTION: Federal Regional Center, Maynard, is located approximately 20 miles west of Boston in Maynard, MA. The facility houses the Federal

Regional Center, Building A. Building A is a two level, 33,462 square foot (approximate), underground building, consisting of office space. The closest major route is State Highway 27.

The compound and facility have security access requirements that must be observed by all workers and guests.

The FRC is currently staffed with approximately 70 to 90 employees. The Federal Regional Center serves as the Regional Response Coordination Center (RRCC) which is minimally staffed during

“steady state operations”. During the time of disaster, the RRCC becomes fully operational with increased staffing levels with 24-hour operations (approximately 100 to 200 employees). The FRC is staffed one weekend per month with 20 military reservists.

1.4 PERSONNEL

a. The contractor shall ensure that Janitorial Services personnel are present at Building A during the hours of 7:00 AM through 3:30 PM or 6:30 AM through 3:00 PM, Monday through Friday, except Federal holidays. The Contractor or designated representative shall conduct overall management coordination and shall be the central point of contact at the FRC with the Contracting Officer’s Representative (COR) for performance of all work under the contract. The contractor shall designate, in advance, another individual or individuals, who are available on short notice, authorized and approved as an alternate with regard to providing Janitorial Services. The individual(s) must have the same abilities and familiarity with Janitorial Services maintenance services, as the primary

Janitorial Services personnel. Advance notice of any change or availability of primary or alternate janitorial services personnel shall be provided to and reviewed by the CO and

COR. The CO/COR may elect to review resumes and initiate background check prior to approving new employees for work or as alternates. The Contractor and any individual designated to act for them, shall have full authority to contractually commit the contractor for prompt action on matters pertaining to contractor administration of the contract. The

Contractor and any individual designated to act for him/her, and the Janitorial Services personnel or alternate(s) shall be able to fluently understand, speak, read and correspond in the English language.

b. Contractors shall provide all necessary personnel to accomplish all contract work or service within specified time frames. When the number and skill level of employees do not meet the approved staffing plan incorporated upon contract award, the daily rate will be deducted for every day the contractor does not meet the approved staffing plan in accordance with “Criteria for Deductions” (Figure 1).

c. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees are the responsibility of the Contractor that is in all respects the employer of employees.

d. The Contractor shall conform and require Contractor personnel to conform to similar standards of conduct as government personnel (5 CFR 731). Personnel conditions

(such as being under the influence of intoxicating beverages, drugs, etc.), which may interfere with the performance of contract services, will not be permitted. Misconduct of the kind set forth in this paragraph shall cause the Contractor to take disciplinary action against Contractor employee(s), which could result in removal of Contractor employee(s) from government property and work under the contract. When it is necessary to remove personnel, Contractor shall be responsible for fulfilling levels designated in the staffing plan.

e. The CO may require dismissal from work any employee who is deemed incompetent or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population. Each employee of the

Contractor shall be a citizen of the United States or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-51.

f. In accordance with Executive Order 12989, Economy and Efficiency in Government through Compliance with Certain Immigration and Naturalization Act Provisions, Federal

Contractors have the responsibility to comply with all immigration laws. In addition, Federal Agencies are required to report suspected infractions to the Immigration and

Naturalization Service (INS). A determination by INS that the contractor is in violation may result in termination for default, suspension and debarment.

g. Also, in connection with the performance of work under this contract, the

Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 USC 4082) (c) (2) and

Executive Order 11755, December 29, 1973.

h. Labor strikes shall not constitute an excuse for nonperformance under the contract.

1.5 QUALIFICATIONS of CONTRACT EMPLOYEES: The Contractor, in the performance of all work specified herein, shall utilize only employees meeting at least the minimum requirements as stated below. Employees whose resumes have not been approved in writing by the

Contracting Officer or COR shall not perform work under this prime contract

a. Supervisor/Manager is a person designated in writing by the Contractor who has authority to act for the Contractor on a day-to-day basis at the work site. The

Supervisor/Manager must possess at least three (3) years of recent (within the past five years) experience as a first-line supervisor of employees engaged in janitorial services in buildings of the approximate size and characteristics of those named in this contract. The supervisor/manager shall have the authority to expend Contractor funds for supplies and materials deemed necessary in the performance of this contract.

i. The Contractor shall ensure that all contract work is satisfactorily supervised, and carried out, either by his/her personal presence, or by remote means. During the course of duty hours for the Janitorial

Services Supervisor/Manager, the contractor or his/her representative, shall be available on short notice, for questions relating to contract services.

ii. The absence of an On-Site Supervisor does not relieve the Contractor from the responsibility of this contract.

b. Space for storage of supplies, materials and equipment will be provided. It is the

Contractor’s responsibility to maintain his/her assigned area and own materials to professional standards. Personal items shall not be brought into the FRC without prior permission of COR. Items belonging to the government will not be removed from the facility without prior permission from the COR.

1.6 ROLES of GOVERNMENT PERSONNEL

a. Contracting Officer (CO): Contract Specialist

Anhur Maklef

63 Old Marlboro Rd.

Maynard, MA 01754

202-718-7118

b. The Contracting Officer has the overall responsibility for administration of this contract. That official alone, without delegation, is authorized to take actions on behalf of the Government to:

(1) amend, modify or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules;

(2) make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance;

(3) terminate the contract for convenience or cause;

(4) issue final decisions regarding contract questions or matters under dispute.

c. Contracting Officer’s Representative (COR)

The individual named above is designated as the COR to assist the CO in the discharge of that official’s responsibilities. The responsibilities of the COR include, but are not limited to:

(1) determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract;

(2) acting as the Government’s representative in charge of work at the site;

ensuring compliance with contract requirements insofar as the work is concerned;

(3) advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance;

(4) advising the CO of any factors which may cause delay in performance of the work.

1.7 Quality Control: The Contractor shall establish a complete Quality Control Program (QCP) to assure that the requirements of the contract are provided as specified. Within seven (7) calendar days prior to the start date of the contract, the Contractor shall submit a copy of the QC program to the COR for approval. The QCP shall be a system for identifying and correcting deficiencies before services or performance become unacceptable and/or the Government inspectors point out the deficiencies. The program shall include, but not be limited to the following:

a. The Contractor shall devise a checklist for use during the regularly scheduled and unscheduled QCP inspections tailored to the specific building. The checklist used must be signed and dated by the inspector at the time that the inspection is completed.

b. The Contractor shall identify all personnel who will be performing QCP inspections by name, title, and type of inspection each is authorized to perform. Quality Control (QC) inspections shall be performed by a qualified individual who is not directly performing the work to be inspected.

c. A checklist system to ensure that the Contractor’s employees are notified of deficiencies found in their areas of responsibility; that the noted deficiencies are corrected (if possible);

and that these employees are counseled/retrained as necessary to ensure that deficiencies do not recur.

d. A local file of all inspections conducted by the Contractor, including the corrective actions taken, will be maintained by the Contractor. This documentation shall be made available to the Government during the term of the contract. A copy of all QC inspection reports shall be submitted to the COR on a monthly basis by COB of the first Monday (or first official workday) of the following month.

e. The COR may compare inspections performed by the Contractor’s inspectors against the actual conditions that exist at that point in time. Failure to submit a QCP to the COR for approval in accordance with the terms of these specifications will result in the withholding of all payments due the Contractor until the Plan is received, reviewed and approved.

f. Quality Assurance Surveillance Plan (QASP) (See Section 1.18). The performance of

Quality Control Inspections in accordance with the approved QCP is an essential part of this contract. All aspects of the approved Plan will be actively enforced by the Government.

The minimum number of QC inspections of janitorial services are:

(1) Monthly by qualified Corporate/Regional (Contractor) personnel not performing on-site services at any of the facilities covered under this contract. This function may be substituted by a qualified subcontractor, approved by the CO.

*Qualified is defined as being sufficiently knowledgeable of all technical aspects covered under this contract which would allow identification/discovery of improperly performed services and authorized to ensure performance of any corrective measures that may be required.

Failure to accomplish and/or document QC inspections at the frequencies reflected above, or failure to identify deficiencies before the level of performance becomes unacceptable to the COR, will result in a deduction being assessed in the amounts specified in Figure 1.

This deduction will be in addition to any deficiency deductions identified by the government.

Figure 1: Criteria for Deductions

Cause of Deduction Calculation of Deduction

1. Failure of the Contractor to have the required personnel on the premises during the specified hours on official workdays.

The daily amount due the contractor. The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by twenty-one (21) days per month.

2. Failure to use employees with required qualifications

The daily amount due the contractor. The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by twenty-one (21) days per month.

3. Failure to provide prescribed environmental conditions in the building(s), or portion thereof, at all times.

All costs incurred by the Government as a result of

Contractor’s failure to provide prescribed environmental conditions.

4. Failure to satisfactorily perform program of work as required by the contract.

The daily amount due the contractor. The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by twenty-one (21) days per month.

5. Failure to complete daily schedule of services as outlined in Contractor’s

Program of work and as required by the contract.

The daily amount due the contractor. The deduction rate in dollars per day will be equal to the per month contract price for basic contract services divided by twenty-one (21) days per month.

6. Failure to respond, (via telephone), within one (1) hour or (ten (10) minutes for beeper/page call) to a request for

Emergency Call-Back Service, and/or failure to provide the required service in a timely manner.

Contractor to be held liable for all costs incurred by the Government as a result of the Contractor’s failure to respond in accordance with contract including but not limited to: (a) all costs associated with responding to the emergency, and (b) all costs to repair damage to government owned property.

7. Failure to respond to request for overtime services, and/or failure to provide the required services.

Contractor to be held liable for all costs incurred by the Government as a result of the Contractor’s failure to respond in accordance with contract.

1.8 QCP ACCEPTIBILITY: The QCP and any services performed shall be accepted only when in full compliance with FAR 52.246-4 Inspection of Services – Fixed Price contained in this contract. The Contractor shall notify the CO in writing of any proposed change to the

Contractor quality control program; no such change shall be implemented prior to approval in writing by the CO.

1.9 Performance Evaluation Meetings: The Contractor (contractor representative that has authority to bind/sign contractual documents) shall meet with the COR and Government Program

Manager. Meeting shall be held one (1) prior to start of contract. A meeting shall be held 90 days after the start of the contract to assess performance. Meeting shall be held thereafter monthly or as determined necessary by the CO. However, a meeting shall be held within one working day when a Contract Discrepancy Report (CDR) is issued. Mutual effort will be made to resolve any and all problems identified. Written minutes of these meetings shall be prepared by the Contractor and signed by the Contractor and the CO. Should the Contractor not concur with any minutes, he/she shall so state, in writing, and request a final decision from the CO.

1.10 HOURS of OPERATION and FEDERAL HOLIDAYS

a. FRC Operating Hours: Normal duty hours at FEMA FRC, Building A, are 7:00 AM

3:30 PM or 6:30 AM to 3:00 PM, Monday through Friday, except Federal holidays.

Contractor staff will perform at FEMA FRC, Building A, daily during normal duty hours. However, if required to meet the Government’s needs, these hours may be modified by the CO or the COR by giving a minimum of 24-hour notice to the contractor. This notice will be in writing.

Federal Holidays:

A. New Year’s Day- First Day of January

B. Martin Luther King, Jr. Day- Third Monday of January

C. President’s Day- Third Monday of February

D. Memorial Day- Last Monday of May

E. Juneteenth National Independence Day - June 19th

F. Independence Day- Fourth Day of July

G. Labor Day- First Monday of September

H. Columbus Day- Second Monday of October

I. Veteran’s Day- Eleventh Day of November

J. Thanksgiving Day- Fourth Thursday of November

K. Christmas Day- Twenty Fifth Day of December

Any other day designated by Federal Statute, Executive Order, or Presidential

Proclamation.

When a Holidays falls on a Saturday, the preceding Friday is observed. When a holiday falls on a Sunday, the following Monday is observed. Observance of such days by

Government personnel shall not by itself be cause for an additional period of performance or for entitlement of compensation, except as set forth within this contract.

The Government reserves the right to close its facilities due to weather conditions or medical emergencies as necessary. If the building is closed, the COR will notify the contractor as soon as the closure is known.

b. Physical Security: The Contractor shall comply with FEMA security requirements; see section 1.16-part b. (2) for specifics. The purpose of these requirements is to achieve adequate protection of employees and government property. A FEMA Contractor identification badge will be provided to all contract employees. The badge shall be prominently displayed whenever employees are on FEMA Region I premises.

1.12 Conservation of Utilities: The Contractor shall instruct his/her employees in conservation practices and make suggestions to the CO or their designated representatives during performance evaluation meetings on activities and improvements to promote efficient use of all energy. The contractor shall operate under conditions, which preclude utility waste, that shall include as a minimum:

a. Use of lights only in areas where work is actually being performed.

Turn off water faucets, valves and equipment after required usage has been performed.

b. Only authorized contractor employees approved by the COR or CO shall operate mechanical equipment controls for heating, ventilation and air conditioning systems.

1.13 ENVIRONMENTAL PROGRAM:

a. Regulations/Laws: Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental pollution. All environmental protection matters shall be coordinated with the CO and/or COR. See paragraph 3.0 for further clarification on bio preferred products.

b. Compliance Requirements: Any of the areas maintained by the Contractor may be inspected by the CO or COR. Access for inspection shall be granted during normal working hours, upon notice from the CO or COR.

c. Citations: Citations against Government facilities maintained by the

Contractor for noncompliance with environmental standards are a matter for resolution between the CO and the issuing office. Payment of fines or penalty charges associated with citations issued by Federal, State or local officials shall be paid by the Government. If the citations are issued due to faulty Contractor practices, the CO shall deduct the fine from any monies due the contractor.

d. Equipment and Manpower: Contractor shall provide all necessary manpower, equipment, and material to implement all spill response, containment, and clean-up when a spill occurs as a direct result of their actions. Reporting shall be done as specified by Federal, State and local laws, regulations, standards and plans.

1.14 INTERFACE

a. Administrative Office Areas: Government personnel will be working in office areas during working hours. Contractor shall cooperate with the personnel in the immediate area where any janitorial service work is being performed. In event such government office personnel so requests, contractor shall temporarily cease work in these areas and notify the COR.

b. Restricted Areas: Contractor shall comply with all restricted areas’

1.11 SECURITY

procedures and instructions. Contractor personnel working in restricted areas may be required to sign in and out and state the nature of business at the entrance desk. An escort may be required while working in restricted areas.

1.15 SAFETY/SECURITY REQUIREMENTS AND REPORTING:

a. Safety: All work shall be conducted in a safe manner and shall comply with OSHA requirements. If the Contractor fails or refuses to promptly comply with safety requirements, the CO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of claim for extension of time or for excess costs or damages to the contractor. The contracted work area is Federal property, and rules and regulations issued by the Regional Administrator or his appointed representatives exercising authority covering fire, safety, sanitation, severe weather requirements, admission to the FRC, conduct of operations, etc. shall be observed by the Contractor and his/her employees. The regulations include:

(1) Fire Prevention: Contractor and his/her employees shall be cognizant of and observe all requirements for handling and storage of combustible supplies and materials, daily disposal of combustible waste, trash, etc., in accordance with

National Fire Code and National Board of Fire Underwriters. The contractor shall familiarize him/herself and his/her employees with methods of turning on a fire alarm and operating the fire alarm system.

(2) Safety: All rules of safety which are or may be imposed upon the contractor by

Federal, State or local code shall be effectively carried out in the performance of the services set forth herein. Contractor shall take proper safety and health precautions to protect the work, the employees, the public and the property of others. Prior to start of work, Contractor shall be required to discuss and develop a mutual understanding relative to administration of the safety program

(3) O&M Safety: The Contractor shall formulate and furnish to the CO ten (10) days prior to contract start date, in writing, a comprehensive program to implement the general policies and procedures for safe janitorial services operations at the

FRC. The program shall include provisions for employee responsibility for working safely, indoctrination and training of employees, public safety activities and responsibilities for implementation of regulations pertaining to fire prevention, and maintenance of an adequate fire protection plan. The Contractor safety program shall ensure that hazards to the public are not permitted within Contractor work areas. The Contractor shall coordinate with the CO in making periodic inspections of the Contractor activities to ensure that hazards to the public do not exist.

(4) Clothing and Personnel Safety Equipment: Contractor personnel shall wear clothing suitable for the weather and working conditions. The minimum shall be short sleeve shirt, long trousers, and safety toe shoes. Hard hats shall be provided by the contractor as needed when engaged in work, which requires such protection. All personal protective equipment must be provided by the

Contractor. Contractor and employees shall be identified by a standardized, distinctive emblem or patch with Contractor’s name/logo attached in a prominent place to an outer garment.

(5) Personal Safety Training: The Contractor shall provide training for each employee covering safe work practices, proper housekeeping, and fire protection.

(6) Damage Reports: In all instances where Government property and/or equipment are damaged by Contractor employees, a full written report of the fact and extent of such damage shall be submitted to the CO within twenty-four (24) hours of the occurrence.

(7) Accident Reports: The Contractor shall comply with OSHA and other regulatory requirements for record keeping and reporting of all accidents resulting in death, trauma, occupational disease or environmental damage. The Contractor shall provide a verbal report to the CO within four (4) hours of occurrence and a written follow-up report within three (3) working days of occurrence (in the matter and on the forms prescribed by the CO) whenever an accident involving personal injury occurs.

(8) Employee Awareness: Contractor shall inform his/her employees of hazards that may be encountered in their working environment and those connected with the performance of particular tasks.

b. Security

(1) Employee Identification/Building Passes: The Contractor shall ensure that every new employee has a FEMA Contractor Identification Badge before the employee enters on duty. The Contractor shall see that all badges are returned to the COR as his employees are dismissed and upon contract expiration. The

Contractor shall see that all employees including subcontractor employees wear their badges at all times while on official duty in the facility covered under this contract. The COR or other FEMA personnel shall periodically verify badges of Contractor employees with their personnel identification.

The Contractor shall notify the COR and FEMA Security immediately when any badge is lost or stolen.

(2) Security Clearance Requirements: Non-classified contract shall be conducted in accordance with Homeland Security Presidential Directive

(HSPD 12). The Contractor shall submit to the COR as soon as possible after contract award, but not later than twenty-one (21) calendar days before contract start date: two (2) complete FEMA Contractor packet which consists of: eQuip Questionnaire, Declaration of Federal Employment, Non-disclosure statement, Fair Credit Reporting Act, Two forms of Approved ID, Proof of

Citizenship, Fingerprint Capturing, Contract fitness screening request, or any other required documentation set forth by DHS/FEMA personnel security, within any timeline established by DHS/FEMA personnel security at time of contract. Necessary forms will be furnished by the Government.

(3) Unacceptable Employee: If the CO receives an unsuitable report on any employee after processing of these forms, or if the COR finds a prospective employee to be unacceptable or unfit for his/her assigned duties, the contractor shall be advised that such employee cannot continue to work or be assigned to work under this contract. The contractor shall immediately relive that employee of all duties and responsibilities related to this contract.

(4) Administrative Inspections: At any point in time, any visitor, employee, or contractor may be asked to undergo an administrative inspection. This could consist of inspecting a vehicle, an individual’s belongings, or the individual themselves. Failure to comply will result in denial to access the facility.

(5) Personally Identifiable Information: Although the location of the services rendered has PII in the environment, the Contractor and/or its employees or agents will NOT access any PII and/or SPII.

All personnel require access to unclassified information only. Contractor must ensure contractor employees receive a favorably background investigation prior to entry on duty (EOD). All individuals will be U.S. citizens.

The contractor shall follow the standards established within DHS and FEMA policy.

Background Investigations:

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or

FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable

Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access:

Contractor personnel occupying positions or performing functions with a Low Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

(also reference Facility Access).

Low Risk with Information System Access:

Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk:

Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk:

Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a

Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA

PSD prior to performing work under this contract.

Background Investigation Process:

To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting

Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA

COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

▪ the investigation was completed within the last five years,

▪ it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract,

▪ the contractor personnel have not had a break in employment since the prior favorable adjudication, and,

▪ FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the National Background Investigation Services (NBIS) e-Application (eAPP) online system and instructions for submitting the necessary information:

▪ Standard Form 85P, “Questionnaire for Public Trust Positions”

▪ Optional Form 306, “Declaration for Federal Employment”

▪ SF 87, “Fingerprint Card” (2 copies)

▪ DHS Form 11000-6, “Non-Disclosure Agreement”

▪ DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair

Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form

85P, which must be completed electronically through the National Background Investigation Services (NBIS) e-

Application (eAPP) online system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the

Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation:

Eligibility determinations based on a Low Risk T1, Moderate Risk T2S or High Risk T4 are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer:

The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

OPSEC Training:

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at OPSEC Awareness for Military Members, DOD Employees and

Contractors (usalearning.gov)

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

https://securityawareness.usalearning.gov/opsec/index.htm https://securityawareness.usalearning.gov/opsec/index.htm

Insider Threat Training:

Insider Threat training for Contractors can be found at: Insider Threat Awareness (usalearning.gov)

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer

Representative, before the Contractor or Subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. All cleared contractor personnel are required to recertify Insider Threat training annually thereafter. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Facility Access:

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA

Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and an OF306, Declaration for Federal Employment, and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

Separation of Contract:

The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence.

The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

• When no longer needed for contract performance.

• Upon completion of a contractor employee’s employment.

• Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the

FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

The Contractor or contractor personnel’s failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or

FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

Security Training

SECURITY: All personnel require access to information up to the sensitive but unclassified, for official use only (FOUO) levels. Contractor must ensure contractor employees receive a favorably adjudicated public trust suitability prior to entry on duty (EOD). All individuals will be U.S. citizens. The contractor shall follow the standards established within DHS and FEMA policy.

https://securityawareness.usalearning.gov/itawareness/index.htm

Certificate of training is required for all cleared contractor employees who are working with classified or unclassified information. All certificates must be sent to the assigned FEMA Contracting Officer

Representative (COR), before the contractor or subcontractor is granted access to classified or unclassified information but no later than 30 calendar days after awarded contract. Send certificates of completion for

Unauthorized Disclosure, OPSEC, and Insider Threat to the FEMA COR no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

Unauthorized Disclosure of Classified or Unclassified Information

Contractors and subcontractors who are working on this contract shall receive Unauthorized Disclosure of

Classified or Unclassified Information training.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/disclosure/index.html

OPSEC Training

Contractors and subcontractors who are working on this contract shall receive the OPSEC Awareness

Brief.

Access to the briefing can be obtained at https://securityawareness.usalearning.gov/opsec/

Insider Threat Training

Insider Threat training for contractors can be found at:

https://securityawareness.usalearning.gov/itawareness/index.htm#

For Official Use Only (FOUO) Information

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor shall:

1. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

2. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

3. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information

Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager. Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

1.16 Insurance Requirements/Worker’s Compensation and Employer’s Liability

a. Worker’s Compensation: The Contractor is required to comply with applicable Federal and State worker’s compensation and occupational disease statutes;

however, notwithstanding the permissibility of deductibles under those statutes, worker’s compensation shall be obtained. If occupational diseases are not compensable under https://securityawareness.usalearning.gov/disclosure/index.html https://securityawareness.usalearning.gov/opsec/ https://securityawareness.usalearning.gov/itawareness/index.htm those statutes, they shall be covered under the employer’s liability section of the insurance policy. Employer’s liability coverage of at least the following limits shall be provided:

Bodily Injury by Accident - $100,000 each accident

Bodily Injury by Disease - $500,000 policy limit

Bodily Injury by Diseases - $100,000 each employee except in states with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

Even though the laws of the State of Massachusetts might allow a contractor to be a non-subscriber to worker’s compensation, Contractor is required to carry and maintain worker’s compensation insurance and employer’s liability insurance. If occupational diseases are not covered under the worker’s compensation policy, it shall be covered under the employer’s liability section of the insurance policy.

c. General Liability Insurance: General liability insurance coverage written on the comprehensive form of policy, is required in the amount of $500,000 per occurrence for bodily injury, and $50,000 per occurrence for property damage. The deductibles under such policy shall not be greater than (a) $10,000 per person or $25,000 per occurrence for bodily injury or (b) $10,000 for property damage.

d. Automobile Liability Insurance: A minimum of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage provided for automobile liability insurance coverage written on the comprehensive form of policy, covering the operation of all automobiles used in connection with performing the contract is required. The deductibles under such policy shall not be greater than (a)

$10,000 per person or $25,000 per occurrence for bodily injury or (b) $2,000 for property damage.

Note: The Contractor agrees to insert the substance of this language in all subcontracts hereunder, if any evidence of insurance is to be provided to the address below before notice to proceed on contract can be issued:

FEMA, Region I

Attn: Anhur Maklef

63 Old Marlboro Rd. Building

A, Maynard, MA 01754

Employer’s liability insurance coverage shall be as specified in (1.17) above

1.17 Government Quality Assurance: The Government will evaluate the Contractor performance under the contract using the quality assurance procedures specified below.

All surveillance observations will be recorded by the government. When an observation indicates defective performance, the government COR will require the Contractor to initial the observation.

PERFORMANCE EVALUATION

During performance of this contract, the Contractor shall be evaluated by the COR, or other designated personnel, in accordance with the overall level of compliance with the contract and the demonstrated quality and timeliness of the services provided. The Quality Assurance Surveillance

Plan (QASP) lists the performance requirements by Selected Service Performance Areas (SSPA) for which contractor performance will be measured when performing under this contract. This does not replace the performance requirements stated in FAR 52.246-4 Inspection of Services –

Fixed-Price. The Contractor’s approved QASP will be incorporated into the contract upon award.

The Government and the Contractor may mutually adjust the standards and/or identify additional performance elements as may be necessary to ensure that the performance standards for work specified in the contract reflect the requirements.

GOVERNMENT QUALITY ASSURANCE PLAN AND SURVEILLANCE

The Government will perform those quality assurance procedures that may be necessary to verify that performance is in accordance with the terms of the contract. Government quality assurance will be performed routinely by the COR; however, other activities may be called upon to support this effort as required. A Quality Assurance Surveillance Plan (QASP) will be provided by the

Contractor and incorporated into the contract. The QASP is subject to approval of the COR and shall be submitted seven (7) calendar days prior to start of the contract, along with the Quality

Control Program. The QASP will be used by the Government to evaluate the contractor’s performance over the life of the contract. Through this evaluation, the COR will identify both positive and negative aspects of the contractor’s performance. This will allow the COR to communicate to the contractor those aspects that are strengths of their performance, and those aspects considered to be deficiencies/weaknesses in their performance, and which need to be addressed and corrected. For those tasks listed in the QASP, the COR or designated quality assurance evaluators will follow the methods of surveillance specified in this contract. The COR or designated quality assurance evaluators will record all surveillance observations and will maintain a file of all inspections results. Government surveillance of tasks not listed in the

QASP may occur during the performance of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions.