2.4.1-A00004 RFP Conformed.pdf

Section B: Supplies or Services and Prices/Costs

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General The contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Performance Work Statement (PWS).

B.2 Contract Pricing

Base Period (120-day Transition-In Period followed by 245-day Base Period):

CLIN Description Unit QTY Unit Cost Total

Fixed Monthly Facility Operations Cost (FOC) for 0-120 Migrants MO 8 $ - $ -

Surge Support: Monthly Cost per Surge Custody Officer (up to 50) MO 400 $ - $ -

Guard Services (On-Call/Stationary/Transportation) HR 10,000 $ - $ -

0004 Other Direct Costs (ODCs) Lot 1 $ - $ - 0005 Medical Lot 1 $100,000 $100,000 0006 120-day Transition-In Period MO 4 $ - $ -

Option Period 1 (12 months):

1001 FOC for 0-120 Migrants MO 12 $ - $ -

Surge Support: Monthly Cost per Surge Custody Officer (up to 50) MO 600 $ - $ -

Guard Services (On-Call/Stationary/Transportation) HR 10,000 $ - $ -

1004 Other Direct Costs (ODCs) Lot 1 $ - $ - 1005 Medical Lot 1 $100,000 $100,000

Option Period 2 (12 months):

2001 FOC for 0-120 Migrants MO 12 $ - $ -

Surge Support: Monthly Cost per Surge Custody Officer (up to 50) MO 600 $ - $ -

Guard Services (On-Call/Stationary/Transportation) HR 10,000 $ - $ -

2004 Other Direct Costs (ODCs) Lot 1 $ - $ -

2005 Medical Lot 1 $100,000 $100,000

Option Period 3 (12 months):

3001 FOC for 0-120 Migrants MO 12 $ - $ -

Surge Support: Monthly Cost per Surge Custody Officer (up to 50) MO 600 $ - $ -

Guard Services (On-Call/Stationary/Transportation) HR 10,000 $ - $ -

3004 Other Direct Costs (ODCs) Lot 1 $ - $ - 3005 Medical Lot 1 $100,000 $100,000

Option Period 4 (12 months):

4001 FOC for 0-120 Migrants MO 12 $ - $ -

Surge Support: Monthly Cost per Surge Custody Officer (up to 50) MO 600 $ - $ -

Guard Services (On-Call/Stationary/Transportation) HR 10,000 $ - $ -

4004 Other Direct Costs (ODCs) Lot 1 $ - $ - 4005 Medical Lot 1 $100,000 $100,000

B.3 Minimum and Maximum Quantities

In accordance with FAR 16.504(a)(2), the minimum quantities that the government may order during the period of performance of the contract are as follows:

- Minimum: $500,000 during the period of performance of the contract, including the base and all option periods.

- Maximum: The maximum for the contract will be the calculated total value of the contract for all ordering periods as stated in the contract award.

B.4 Funding

Funds for the services provided will be obligated at the task order level as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the government.

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[END OF SECTION B]

Section C: Performance Work Statement

Section C

RFP ATTACHMENT 1 - PERFORMANCE WORK

STATEMENT

U.S. Department of Homeland Security Immigration and Customs Enforcement

Migrant Operations Center (MOC)

Naval Station Guantanamo Bay (NSGB)

Section D: Packaging and Markings

SECTION D

PACKAGING AND MARKINGS

This section is not applicable.

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[END OF SECTION D]

Section E: Inspection and Acceptance

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://acquisition.gov/far/index.html.

Clause Number Clause Title Date 52.246-4 Inspection of Services – Fixed Price Aug 1996 52.246-6 Inspection of Services – Time and Material and

Labor Hour May 2001

E.2 INSPECTION REQUIREMENTS

Review of Deliverables ---

a. The Contracting Officer or Contracting Officer’s Representative will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days from receipt by the government of the initial deliverable.

b. Upon receipt of the government comments, the contractor shall have fifteen (15) business days to incorporate the government's comments and/or change requests and to resubmit the deliverable in its final form.

c. If written acceptance, comments and/or change requests are not issued by the government within thirty (30) calendar days of submission, the draft deliverable shall be deemed acceptable as written and the contractor may proceed with the submission of the final deliverable product. The contractor shall provide all deliverables to the COR in Microsoft Excel, PowerPoint or Word format.

E.3 DELIVERABLES CHART

# Deliverable Description Whom and Frequency 1 Weekly Report GSA Form 139 – Guard Work

Schedule for prior week; On & Off Island Roster for all individuals off base for any period beyond 24 hours;

Migrant Serviceable Inventory; Weekly Facility Maintenance Report of usability of the facilities.

ICE COR; Weekly - no later than close of business Wednesday of the following week http://acquisition.gov/far/index.html

2 Quality Control Plan (QCP) The contractor shall prepare, submit, and implement the approved QCP that describes the method and procedures for addressing critical, measurable operational performance standards for the services required by the PWS.

Prior to contract start for approval by ICE CO/COR

3 On & Off Island Employee Roster

The contractor shall prepare, submit, and maintain, an ongoing list of all cleared contractor employees to include at a minimum: Last name, First name, last 4 of the Social Security Number, Duty Title, Contract Number, and date Started on Contract.

ICE COR, monthly with the Status Summary Report; as requested

4 Surge Roster The contractor shall prepare and maintain an active Surge Roster of a cleared pool of candidates to be utilized as substitutes, replacements, and/or surge support detailed status and contact information.

ICE COR, monthly with the Status Summary Report; as requested

5 Monthly Status Summary Report

Summarizes the posts inspected and not inspected on the monthly inspection circuit. Identifies any deficiencies found, actions taken, and follow-up actions planned.

ICE COR, on the 5th of each month

6 Monthly Status Summary Report Attachment

Update on contract operations including employee roster, employee training, communications information, upcoming training, and drug screening status.

ICE COR, monthly with the Monthly Status Summary Report

7 Monthly Statistical Report Details any migrant-related incidents for the month, including assaults, injuries, and self-destructive behavior.

ICE COR, on the 5th of each month

8 Employee Manual Manual containing ICE and corporate policies, Provided to employees at contract start as requested by

ICE COR

procedures, and requirements;

updated as necessary

9 Employee Manual Receipt Signed form verifying that each employee has received the Employee Manual.

ICE COR upon request

10 Maintenance Log Record of all maintenance problems, to include dates reported and when repairs were completed.

ICE COR upon request

11 Fire and Emergency Plan Written evacuation and alternate staging plan to be used in the event of a fire or other major emergency.

Within 30 days of contract award submit copy of certified plan by NSGB public safety personnel to ICE COR; review annually and update as necessary

12 Comprehensive Health, Safety, and Sanitation Inspection Reports

Reports findings from the daily, weekly, and monthly inspections of migrant housing areas. A comprehensive inspection will be completed monthly.

Inspections will list all problems or deficiencies, as well as corrective action(s) taken and corresponding dates

ICE COR monthly with the Monthly Status Summary Report

13 Hunger Strike Report Documentation of a hunger striking migrant's behavior, eating/drinking patterns, and general appearance while a hunger strike is occurring.

Daily to ICE Operational staff, the ICE COR and NSGB medical staff during duration of hunger strike

14 Vehicle Maintenance Log Documentation of vehicle inspections and maintenance indicating date, time, type of service, and additional pertinent information.

ICE COR upon request

15 Migrant Custody Files File for each Migrant booked in the facility for more than 24 hours. The file is to include intake information, cash and property receipts, reports of disciplinary actions while in custody, and release information.

ICE Operational staff or the ICE COR upon request

16 Certification of Standards of Employee Conduct

Form signed by all staff members to certify they have read and understand the standards of employee rules & conduct.

To the ICE COR prior to the employees beginning work under the contract

17 SF-88, Report of Medical Examination, or a Form MCSA-5875, Medical Examination Report Form

Evidence of the physical fitness of each Custody and Security Officer.

Available to the ICE COR upon request

18 TB Skin Test Certificate Proof that an employee does not have tuberculosis.

Available to the ICE COR upon request

19 Drug Test Results Results of drug tests administered to all employees prior to starting work on the contract and at random during the duration of the contract.

Provided to the ICE COR within 24 hours of receipt

20 Personnel Files Comprehensive files for each employee working on the contract; includes background checks, payroll information, and applications.

Available to the ICE COR upon request

21 Training Report Record of the training hours, type of training, date and location of training, proficiency results, and the name of the instructor for each employee.

Submitted to the ICE COR monthly and as requested

22 Uniform and Equipment Issuance Report

Documentation of the uniform and equipment items issued to each contractor employee.

Provided to the ICE COR prior to contract performance date

23 Post Work Schedule Comprehensive post orders, approved by the ICE COR.

Available to ICE Operational staff or the ICE COR upon request

24 Shift Employment Report For each employee who’s performing under the contract, employee name; labor position; post assignments, hours worked, for supervisory and non-supervisory employees.

Provided weekly to the ICE COR all shift reports from the prior week

25 ICE Training Request Request for specialized training provided by ICE prior to contract start in order to familiarize contract employees with the program.

Submitted to the ICE CO within 30 days of contract award

26 Control Room Logbooks Control room, Shift Supervisor Information, Housing Unit, Incident Report, Segregation, Daily Migrant Roster, Contraband, Hazardous Check-In/Check- Out, and Facility Maintenance

Available to ICE Operational staff or the ICE COR upon request

27 Migrant Manifest Manifest of all migrants currently in custody at the facility. Includes: "A" File Number, office received from, name, date of birth, gender, nationality, date of arrival, number of days in the facility, and type of release (if applicable).

Available to ICE Operational staff or the ICE COR upon request

28 Monthly Migrant Manifest Status Report

Summary of migrants housed in the facility, incidents experienced, and the key personnel of the facility.

Submitted to ICE COR by the fifth of each month

29 Material Safety Data Sheets

(MSDS)

Maintained for all toxic, caustic, and flammable materials. Lists all characteristics, hazards, and emergency treatment procedures for exposure to the materials.

Maintain and store w/corresponding materials, available to ICE COR upon request

30 Custody Officer Certification Officer's agreement, in writing, that he or she understands and agrees to comply with all post orders, policies and procedures, and instructions.

Available to the ICE COR upon request

31 Physical Force Reports Documentation of incidents requiring an officer to employ force.

To the ICE Operational staff within 24 hours of the incident. ICE COR can request a copy.

32 Use of Restraint Report Detailed documentation of all incidents involving the use of restrains on a migrant who

To the ICE Operational staff within 24 hours of the becomes violent or displays signs of imminent violence. A copy of the report will be placed in the migrant's custody file.

incident. ICE COR can request a copy.

33 Intelligence Report Documentation of information collected on issues affecting safety, security, and the orderly operation of the facility.

To the ICE Operational staff within 24 hours of the incident. ICE COR can request a copy.

34 G-589 Property receipt form inventorying any migrant funds or property safeguarded by officers.

Available to ICE Operational staff or the ICE COR upon request

35 Missing Tool Report Identifies a missing tool and the circumstances of the incident.

To ICE Operational staff by the end of the shift during which the loss was discovered.

ICE COR can request a copy.

36 Incident Report Identifies incidents and unusual occurrences, major rule violations, migrant grievances, contractor employee misconduct, suspicions, and other unusual circumstances.

Written report within 24 hours of incident occurrence; 2-hour telephonic notification to ICE Operational staff. ICE COR can request a copy of summary.

37 Annual Audit Report Summarizes the annual trends and events for the contract.

Includes any deficiencies identified, and actions taken to correct and prevent future non-compliance.

Submitted to ICE CORs within 45 days of audit

38 Facility Floor Plans and Post Map

The contractor shall provide a facility floor plan which clearly identifies all recommended guard posts and corresponding custody shift requirements to be approved by the ICE COR

Prior to contract start to ICE Operational staff and the ICE COR; all changes to be approved by ICE Operational staff and the ICE COR

39 Migrant Handbook Contractor shall develop, maintain, and distribute handbook, approved by ICE and DoS, on Migrants’ rules of conduct and the disciplinary policy and

Within 30 days of contract award; given to each migrant after 24-hour stay procedures. Migrant must acknowledge receipt

40 Staffing Plan The contractor shall develop a Staffing Plan to include relief factors. The number, type, and distribution of staff as described in the contract-staffing plan shall be maintained throughout the term of the contract.

Prior to contract start to the ICE CO and ICE COR.

Changes must be approved by ICE CO; provided as requested

41 Migrant Orientation/MOC Rules, Regulations, and Procedures Handbook

Contractor shall develop and present orientation to non-protected migrants and include written copies of the MOC rules, policies, and procedures which apply to the unprotected migrants while staying at the MOC NSBG

ICE Operational staff, the ICE COR and DOS; Within 30 days of contract award handbook is to be submitted;

updated as necessary

42 Space Usage Plan Contractor shall create a blueprint plan which designate non-protected migrants to quarters that are appropriate to the migrants and in accordance with sound population management practice (e.g family relationships, sex, age, etc.)

Prior to the contract start to ICE Operational staff, the ICE COR and DoS; must be updated as necessary

43 MOC Rules, Regulations, and Procedure Handbook

Contractor shall develop a handbook consisting of MOC rules, regulations, and procedures which apply to the unprotected migrant while staying at the MOC NSGB.

Within 30 days of contract award; given to each migrant after 24-hour stay

44 Key and Lock Policy Contractor shall develop, maintain, and implement a policy and procedures for the maintenance and security of keys and locking mechanisms at the MOC

Within 30 days of contract award. As requested by ICE Operational staff or the ICE

COR

45 Organizational Chart The contractor shall provide an organizational chart that describes the structure of authority, responsibility, and

Upon request by the ICE CO and ICE COR accountability at the MOC;

update as necessary

46 Phase-In/Phase-Out Plan The contractor shall prepare and implement an approved Phase-out Plan and respective milestones IAW the PWS

Upon notification by the government

47 Migrant Serviceable Inventory The contractor shall ensure all migrant inventory to include hygiene kits, linen, and clothing is stocked, maintained in good useable condition to sufficiently provide for a minimum of 120 migrants with the capacity to address 400.

Weekly to ICE COR as requested

48 Government Property Listing The contractor shall maintain a list of all government provided property, to include serial code, the location, condition, and if disposal is required.

Annually to the ICE COR or ICE CO as requested

49 Surge Plan The contractor shall draft and submit a Surge Plan to be approved by the government which discusses the deployment, ramp up, and ramp down activities should a surge (120+ migrants) activation be called by ICE.

Submit to the ICE COR for review in consultation with ICE operational staff; ICE CO for approval and incorporation into the contract within 60 days of contract award.

50 Contract Performance Monitoring Instrument

The contractor shall complete and submit the Contract Performance Monitoring Instrument developed by the government.

Monthly to the COR

E.4 ACCEPTANCE CRITERIA

The government will provide written notification of acceptance or rejection of all final deliverables within 30 calendar days. Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

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[END OF SECTION E]

Section F: Contract Administration Data

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

Clause Number Clause Title Date 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

F.2 Period of Performance

The contract, when awarded, has an anticipated period of performance that will include a base period of one (1) year and four (4) one-year options in accordance with FAR 17.2. Included in the base period will be a 120-day transition period. The option to extend services for up to six (6) months, in accordance with FAR 52.217-8, will be evaluated but will not be listed as a separate CLIN. The associated cost will not be included in the overall price of the contract.

The anticipated period of performance is as follows:

Period of Performance Dates Base Period

(inclusive of Transition Period)

TBD

(a total of one year) In Accordance with FAR 52.217-9

Option 1 TBD (a total of one year)

Option 2 TBD (a total of one year)

Option 3 TBD (a total of one year)

Option 4 TBD (a total of one year) http://acquisition.gov/far/index.html

Section F: Contract Administration Data

F.3 PLACE OF PERFORMANCE:

Migrant Operation Center U.S. Naval Station Guantanamo Bay Guantanamo Bay, Cuba

F.4 CONTRACTOR EVALUATING PROCEDURES:

The government will issue contractor performance ratings for each awarded requirement from this solicitation via the contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.1502. The CPARS website is located: http://www.cpars.gov.

[END OF SECTION F]

http://www.cpars.gov/

Section G: Contract Administration Data

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

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

This contract will be administered by:

Immigration & Customs Enforcement Office of Acquisition Management 500 12th St SW Washington, DC 20024

Written communications shall make reference to the contract number and shall be mailed to the above address.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The following individual is designated and authorized by the CO to perform contract administration functions related to the technical performance of this contract.

*To be updated at award

(a) The Contracting Officer may designate government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The CO cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the CO.

G.3 INVOICE REQUIREMENTS

Invoices shall be submitted as follows:

Service Providers/contractors shall use these procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be submitted monthly in a “.pdf” format in accordance with the contract terms and conditions via email, United States Postal Service (USPS) or facsimile as follows:

a) Email:

• Invoice.Consolidation@ice.dhs.gov

• Contracting Officer Representative (COR) or government Point of Contact (GPOC)

• Contract Specialist/Contracting Officer

Each email shall contain only (1) invoice and the invoice number shall be indicated on the subject line of the email.

b) USPS:

DHS, ICE

Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495-1620

ATTN: ICE-ERO-FOD-MIA

The contractors Data Universal Numbering System (DUNS) Number must be registered and active in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met.

The ICE program office identified in the task order/contract shall also be notated on every invoice.

c) Facsimile:

Alternative Invoices shall be submitted to: (802)-288-7658.

Submissions by facsimile shall include a cover sheet, point of contact and the number of total pages.

Note: The Service Provider’s or contractor’s Dunn and Bradstreet (D&B) DUNS Number must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

2. Content of Invoices: Each invoice shall contain the following information, as applicable:

(i). Name and address of the Service Provider/contractor. Note: the name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and mailto:Invoice.Consolidation@ice.dhs.gov https://www.sam.gov/

DUNS information of that entity must also be provided which will require government verification before payment can be processed;

(ii). Unique Entity Identification (UEI) Number;

(iii). Invoice date and invoice number;

(iv). Agreement/Contract number, contract line-item number and, if applicable, the order number;

(v). Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered;

(vi). If applicable, shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on government bill of lading;

(vii). Terms of any discount for prompt payment offered;

(viii). Remit to Address;

(ix). Name, title, and phone number of person to resolve invoicing issues;

(x). ICE program office designated on order/contract/agreement and

(xi). Mark invoice as “Interim” (Ongoing performance and additional billing expected) and “Final” (performance complete and no additional billing)

(xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232-33 Payment by Electronic Funds Transfer – System for Award Management or 52-232-34, Payment by Electronic Funds Transfer – Other than System for Award Management.

3. Invoice Supporting Documentation. To ensure payment, the vendor must submit supporting documentation which provides substantiation for the invoiced costs to the Contracting Officer Representative (COR) or Point of Contact (POC) identified in the contract. Invoice charges must align with the contract CLINs. Supporting documentation is required when guaranteed minimums are exceeded and when allowable costs are incurred. Details are as follows:

(i). Guaranteed Minimums. If a guaranteed minimum is not exceeded on a CLIN(s) for the invoice period, no supporting documentation is required. When a guaranteed minimum is exceeded on a CLIN (s) for the invoice period, the contractor is required to submit invoice supporting documentation for all Migrant services provided during the invoice period which provides the information described below:

a. Migrant Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

(ii). Allowable Incurred Cost. Fixed Unit Price Items (items for allowable incurred costs, such as transportation services, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and shall be submitted in .pdf format:

a. Migrant Bed Space Services. For Migrant bed space CLINs without a GM, the supporting documentation must include:

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

b. Transportation Services: For transportation CLINs without a GM, the supporting documentation must include:

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

• for reimbursable expenses (e.g. travel expenses, special meals, etc.) copies of all receipts.

c. Stationary Guard Services: The itemized monthly invoice shall state:

• The location where the guard services were provided,

• The employee guard names, and number of hours being billed,

• The employee guard names and duration of the billing (times and dates), and

• for individual or detainee group escort services only, the name of the detainee(s) that was/were escorted.

d. Other Direct Charges (e.g. VTC support, transportation meals/sack lunches, volunteer detainee wages, etc.):

1) The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. For charges for detainee support items (e.g. meals, wages, etc.), the supporting documentation should include the name of the detainee(s) supported and the date(s) and amount(s) of support.

(iii) Firm Fixed-Price CLINs. Supporting documentation is not required for charges for FFP CLINs.

4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience, or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individuals name or other unique identifier and full date of birth, citizenship, or immigration status.

As part of your obligation to safeguard information, the follow precautions are required:

(i) Email supporting documents containing Sensitive PII in an encrypted attachment with password sent separately to the Contracting Officer Representative assigned to the contract.

(ii) Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know.

(iii) Use shredders when discarding paper documents containing Sensitive PII.

(iv) Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable Information (March 2012) found at http://www.dhs.gov/xlibrary/assets/privacy/dhs-privacy-safeguardingsensitivepiihandbook-march2012.pdf for more information on and/or examples of Sensitive PII.

5. Invoice Inquiries. If you have questions regarding payment, please contact ICE Financial Operations at 1-877-491-6521 or by e-mail at OCFO.CustomerService@ice.dhs.gov.

Invoices without the above information may be returned for resubmission.

The preferred method of submittal is email.

[END OF SECTION G]

mailto:OCFO.CustomerService@ice.dhs.gov

Section H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Contractor’s Insurance

The contractor shall maintain insurance in an amount not less than $3,000,000 to protect the contractor from claims under workman’s compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by the contractor itself or by any subcontractor or anyone directly or indirectly employed by either business entity. The contractor shall maintain General Liability insurance: bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence is required.

Additionally, an automobile liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property coverage. Certificates of such insurance shall be subject to the approval of the Contracting Officer for adequacy of protection. All insurance certificates required under this contract shall provide 30 days advance notice to the government of any contemplated cancellation.

The contractor shall provide that all staff having access to detainee monies and valuables are bonded in an amount sufficient to ensure reimbursement to the detainee by the contractor in case of loss.

H.2. ICE INFORMATION GOVERNANCE AND PRIVACY REQUIREMENTS

CLAUSE (JUL 2017)

No section of this clause may be read as self-deleting unless the terms of the contract meet the requirements for self-deletion as specified in this clause.

A. Privacy Training, Safeguarding, and Remediation

If the Safeguarding of Sensitive Information (MAR 2015) and Information Technology Security and Privacy Training (MAR 2015) clauses are included in this contract, section B of this clause is deemed self- deleting.

(1) Required Security and Privacy Training for contractors

Contractor shall provide training for all employees, including Subcontractors and independent contractors who have access to sensitive personally identifiable information (PII) as well as the creation, use, dissemination and/or destruction of sensitive PII at the outset of the employee’s work on the contract and every year thereafter. Training must include procedures on how to properly handle sensitive PII, including security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of sensitive PII. All contractor employees are required to take the Privacy at DHS: Protecting

Personal Information training course. This course, along with more information about DHS security and training requirements for contractors, is available at www.dhs.gov/dhs-security-and-training-requirements-contractors. The Federal Information Security Management Act (FISMA) requires all individuals accessing ICE information to take the annual Information Assurance Awareness Training course. These courses are available through the ICE intranet site or the Agency may also make the training available through hypertext links or CD. The contractor shall maintain copies of employees’ certificates of completion as a record of compliance and must submit an annual e-mail notification to the ICE Contracting Officer’s Representative that the required training has been completed for all the contractor’s employees.

(2) Safeguarding Sensitive PII Requirement

Contractor employees shall comply with the Handbook for Safeguarding sensitive PII at DHS at all times when handling sensitive PII, including the encryption of sensitive PII as required in the Handbook. This requirement will be flowed down to all subcontracts and lower tiered subcontracts as well.

(3) Non-Disclosure Agreement Requirement

All contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (DHS Form 11000-6) prior to commencing work.

The contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

(4) Prohibition on Use of PII in Vendor Billing and Administrative Records

The contractor’s invoicing, billing, and other financial/administrative records/databases may not store or include any sensitive government information, such as PII that is created, obtained, or provided during the performance of the contract. It is acceptable to list the names, titles and contact information for the Contracting Officer, Contracting Officer’s Representative (COR),, or other ICE personnel associated with the administration of the contract in the invoices as needed.

(5) Reporting Suspected Loss of Sensitive PII

Contractors must report the suspected loss or compromise of sensitive PII to ICE in a timely manner and cooperate with ICE’s inquiry into the incident and efforts to remediate any harm to potential victims.

1. The contractor must develop and include in its security plan (which is submitted to ICE) an internal system by which its employees and Subcontractors are trained to identify and report the potential loss or compromise of sensitive PII.

2. The contractor must report the suspected loss or compromise of sensitive PII by its employees or Subcontractors to the ICE Security Operations Center (480-496-6627), the Contracting Officer’s Representative (COR), and the Contracting Officer within one (1) hour of the initial discovery.

3. The contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of sensitive PII by its employees or Subcontractors. The report must contain the following information:

a. Narrative or detailed description of the events surrounding the suspected loss or compromise of information.

b. Date, time, and location of the incident.

c. Type of information lost or compromised.

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

e. Names of person(s) involved, including victim, contractor employee/Subcontractor and any witnesses.

f. Cause of the incident and whether the company’s security plan was followed and, if not, which specific provisions were not followed.

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

h. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required.

4. The contractor shall provide full access and cooperation for all activities determined by the government to be required to ensure an effective incident response, including providing all requested images, log files, and event information to facilitate rapid resolution of sensitive information incidents.

5. At the government’s discretion, contractor employees or Subcontractor employees may be identified as no longer eligible to access sensitive PII or to work on that contract based on their actions related to the loss or compromise of sensitive PII.

(6) Victim Remediation

The contractor is responsible for notifying victims and providing victim remediation services in the event of a loss or compromise of sensitive PII held by the contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the government, call center help desk services for the individuals whose sensitive PII was lost or compromised. The contractor and ICE will collaborate and agree on the method and content of any notification that may be required to be sent to individuals whose sensitive PII was lost or compromised.

C. Government Records Training, Ownership, and Management

(1) Records Management Training and Compliance

(a) The contractor shall provide DHS basic records management training for all employees and Subcontractors that have access to sensitive PII as well as to those involved in the creation, use, dissemination and/or destruction of sensitive PII. This training will be provided at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter.

This training can be obtained via links on the ICE intranet site, or it may be made available through other means (e.g., CD or online). The contractor shall maintain copies of certificates as a record of compliance and must submit an e-mail notification annually to the Contracting Officer’s Representative (COR), verifying that all employees working under this contract have completed the required records management training.

(b) The contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

(2) Records Creation, Ownership, and Disposition

(a) The contractor shall not create or maintain any records not specifically tied to or authorized by the contract using government IT equipment and/or government records or that contain government Agency data. The contractor shall certify in writing the destruction or return of all government data at the conclusion of the contract or at a time otherwise specified in the contract.

(b) Except as stated in the PWS and, where applicable, the contractor’s Commercial License Agreement, the government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and are considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

(c) The contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or deliverables without the express written permission of the Contracting Officer or Contracting Officer’s Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

[END OF SECTION H]

Section I: Contract Clauses

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

Number Titles DATE 52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984 52.203-5 Covenant Against Contingent Fees May 2014 52.203-12 Limitations on Payments to Influence Certain Federal Jun 2020

Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement Jun 2020 to Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Jan 2017 Agreements or Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber May 2011

Content Paper 52.204-6 Unique Entity Identifier Oct 2016 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Dec 2014

Certifications 52.208-9 Contractor Use of Mandatory Sources of Supply or Services May 2014 52.209-6 Protecting the government’s Interest When Subcontracting Jun 2020 with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Oct 2018 Responsibility Matters 52.212-4 Contract Terms and Conditions—Commercial Products Dec 2022 and Commercial Services (Alternate I) 52.215-2 Audit and Records – Negotiations Jun 2020 52.215-8 Order of Precedence – Uniform Contract Format Oct 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data Aug 2011 52.215-12 Subcontractor Cost or Pricing Data Jun 2020 52.215-14 Integrity of Unit Prices Jun 2020 52.215-15 Pension Adjustments and Asset Reversions Oct 2010 52.215-18 Revisions for Adjustment of Plans for Postretirement Benefits Jul 2005

(PRB) Other than Pension 52.215-19 Notification of Ownership Changes Oct 1997 52.222-1 Notice to the government of Labor Disputes Feb 1997 52.223-2 Affirmative Procurement of Bio-based Products Under Sep 2013

Service or Construction Contracts 52.223-5 Pollution Prevention and Right-To-Know Information May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Aug 2018

Service and Construction Contracts 52.223-19 Compliance with Environmental Management Systems May 2011 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.227-1 Authorization and Consent Jun 2020 52.229-3 Federal, State, and Local Taxes Feb 2013 52.229-6 Taxes – Foreign Fixed-Price Contracts Feb 2013 52.230-2 Cost Accounting Standards Jun 2020 52.230-6 Administration of Cost Accounting Standards Jun 2010 52.232-1 Payments Apr 1984 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts Aug 2012 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-9 Limitation on Withholding of Payments Apr 1984 52.232-11 Extras Apr 1984 52.232-17 Interest May 2014 52.232-18 Availability of Funds Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-25 Prompt Payment Jan 2017 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Mar 2023

Subcontractors 52.233-1 Disputes May 2014 52.233-3 Protest after Award (Alternate I) Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.239-1 Privacy or Security Safeguards Aug 1996 52.242-13 Bankruptcy Jul 1995 52.243-1 Changes – Fixed Price, Alternate I (Apr 1984) Aug 1987 52.244-5 Competition in Subcontracting Dec 1996 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 52.249-2 Termination for Convenience of the government –Fixed Price Apr 2012 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms Jan 1991

I.2 CLAUSES INCORPORATED IN FULL TEXT

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the government under a contract to develop or deliver a product or service to the government, but not including information provided by the government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have federal contract information residing in or transiting through its information system.

(End of Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial Services (Nov 2023)

(a) The contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40,…