Guard SOW 2011

STATEMENT OF WORK GUARD SERVICES

1.

BACKGROUND

(a) The United States Marshals Service (USMS) assumes custody of individuals arrested by federal agencies and is responsible for housing, transporting prisoners from the time they are brought into federal custody until they are either acquitted or sentenced. On any given day, the USMS has in its custody roughly 62,000 detainees housed in federal, state, local, and private jails throughout the nation.

(b) The USMS has the authority to employ the use of contracts for Guard Services to assist USMS Deputy Marshals in day-to-day operations throughout its 94 districts.

(c) The objective of the contract is to provide qualified Armed Guards as required by the United States Marshals Service (USMS). This Statement of Work (SOW) sets forth the performance requirements of the contract.

2.

SCOPE OF WORK

The contractor shall provide qualified Armed Guards to assist transporting prisoners to/from medical facilities as required by the United States Marshals Service (USMS) as may be necessary to house or provide treatment to prisoners in the custody of the District of Delaware.

The Tasks to be performed shall include, but are not be limited to:

(a) The contractor shall furnish the necessary security personnel to provide for the protection and safekeeping of persons held under the authority of any United States statute, including the guarding of persons who are non-resident or non citizens of the United States.

(b) Guarding Federal prisoners confined to a medical facility for treatment.

(c) Transporting/escorting Federal prisoners to and from local medical facilities for evaluation and treatment by physicians.

(d) Transporting/escorting Federal prisoners to and from physician’s office or for treatment, tests, etc.

(e) Transporting/escorting Federal prisoners to other areas of the medical facility or hospital for treatment, tests, etc.

(f) Transporting/escorting Federal prisoners between Federal and non-Federal detention facilities (hereinafter referred to as detention facilities) and the Federal Courthouse for appearance or meetings before the Grand Jury, the Court or US Attorney, etc.

(g) Transporting/escorting Federal prisoners between detention facilities.

(h) Providing guard services within Federal Courthouse, Federal buildings, and the USMS cellblock areas.

3.

GENERAL REQUIREMENTS

(a) The contractor shall be responsible for the secure custody of all Federal prisoners from the time the prisoners are accepted into custody by the Guard until they are properly removed from custody by an authorized Federal official. Adequate secure custody of prisoners requires physical control of the prisoner at all times. The physical control of the prisoners shall be sufficient to prevent escape, especially when the prisoners are not contained within the confines of a holding facility (cell) and/or restrained through the use of restraining devices. The contract Guard is responsible for maintaining constant guard, physical control and observation of the prisoner(s) at all times.

(b) The contractor shall accept all Federal prisoners offered for custody, confinement, transport, escort, or protection, at any time, day or night, and any day of the week as directed by the Contracting Officer’s Technical Representative (COTR).

(c) Contractor personnel shall be armed unless otherwise directed by the United States Marshal or COTR. A minimum of two (2) Armed Guards will be required when transporting a prisoner unless otherwise authorized by the COTR.

(d) In the event of an escape or attempted escape, the United States Marshal, Duty Supervisor, or COTR must be notified IMMEDIATELY.

(e) Contractor personnel are not employees of the United States Government and shall not represent themselves to be employees of the Federal Government. The Guard Services performed pursuant to this contract do not entitle the contractor’s employees to pension, health benefits, injury compensation, or other related Federal employee benefits and services.

(f) The authority to perform services while armed, carry a concealed firearm, cross jurisdictional boundaries, and enforce Federal laws is extended to Armed Guards pursuant to this contract.

(g) Contractor personnel are not authorized to use any Government facilities, i.e., fitness center, parking facilities, etc.

(h) The contractor shall provide conspicuous identification and identical looking uniforms for all personnel utilized in the security, guarding, transporting or escorting of Federal prisoners. The contractor must provide Guards with identification cards or badges which do not contain any markings that depict the USMS badge or any wording associated with the USMS.

(i) The contractor shall be responsible for the training and orientation of all contract employees. The training and orientation must be sufficient to ensure all employees understand and are capable of performing the duties outlined in the terms and conditions of this contract.

(j) Any information provided to the contractor regarding prisoners being guarded, transported, or escorted shall be treated as confidential and shall not be divulged to anyone except the COTR, except as otherwise provided for by state or federal law.

(k) The contractor shall provide the COTR with the point of contact information to use in contacting the Project Manager and Contract Guard Supervisors twenty-four hours a day, seven days a week. The contractor shall also provide the COTR a telephone number for contacting the contractor’s operational desk at any time of the day or night.

(l) The contractor shall provide a duty roster for all employees assigned to a specific detail. Any and all activities that occur during that employee’s shift relative to a specific prisoner or detail are to be recorded in the Activity Log. The duty rosters and activity logs shall be provided to the COTR by the contractor upon request, and must be maintained for a minimum period of one (1) year. Note: The COTR will provide to the contractor a sample copy of the Activity Log upon contract award.

4.

SPECIFIC REQUIREMENTS

(a) The contractor shall assign the contract Guards to receive Federal prisoners as specified within a maximum of two (2) hours of notification from the Contracting Officer’s Technical Representative (COTR). Any verbal requests from the COTR will be confirmed in writing within 24 hours. Requests may be initiated at any time of the day or night. However, as much advance notice as possible shall be given. If a contract Guard is not available either immediately or within two (2) hours, the contractor shall assign a contract Guard Supervisor until such time that he/she may be relieved by the assigned Guard. Services shall be limited in length of duration as determined by the COTR. Whenever the COTR requests services, it will be for a minimum of (4) hours.

Pay will be rounded off to the nearest hour after half past the hour. Services which are for 30 minutes or more past the hour will be rounded off to next hour. Services for less than 30 minutes past the hour will be paid at no additional cost.

Note: The USMS will only pay the contractor for productive man hours that each employee actually works. However, it will be the responsibility of the contractor to ensure that each employee is paid in accordance with Federal and State laws.

Note: The contractor must notify the COTR if overtime (i.e. any time in excess of over eight (8) hours per day or forty (40) hours per week per person) will be required, which must be pre-approved in advance by the Contracting Officer Technical Representatives and will be paid in accordance with the Fair Labor Standards Act.

(b) The contractor may assume under normal circumstances that two (2) contract Guards per prisoner detail shall be sufficient for purposes of maintaining security. However, under unusual circumstances, the COTR may determine if more or less than two (2) contract Guards are necessary, and the Contractor shall comply with that determination. At least one (1) contract Guard will be of the same gender as the prisoner in custody.

(c) Contract Guards shall refrain from the intake of alcoholic beverages a minimum of eight (8) hours prior to reporting for duty. No alcoholic beverages or other intoxicants shall be consumed while on duty.

(d) The contractor shall be notified by the COTR of any special instructions concerning the handling or transporting of prisoners. Under no circumstances shall any prisoner, including patient prisoners, be allowed to have visitors or outside contacts, make/receive telephone calls, or use any other electronic means of communication not approved by the United States Marshal and/or COTR. Patient prisoners are not allowed to receive money and/or commodities, parcels, packages, mail, and/or correspondence. Any such items received at the hospital will be delivered immediately to the USMS.

(e) Hospital visitation by family and friends of patient prisoners is strictly prohibited. The United States Marshal may authorize visits by family members under certain exigent circumstances such as terminal or major illness. If the contractor is notified by the United States Marshal that such a visit has been approved, all security procedures will still apply.

(f) The contractor shall provide other guard services as may be necessitated by operational circumstances, or as directed by the United States Marshal or COTR.

(g) The contractor shall be responsible for the purchase of handguns and related equipment at no cost to the Federal Government.

All handguns and holsters must meet the following minimum criteria:

(1) Revolvers:

(i) Double-action, containing an internal hammer drop safety feature that is overcome only when the trigger is pulled in such a manner as to fire the firearm.

(ii) Six shot minimum capacity.

(iii) .38 caliber or larger (.357 is only magnum authorized).

(2) Semi-automatic Pistols:

(i) An internal or external mechanism, other than the trigger, that allows the weapon to return to the double-action mode or manufacturer’s intended carry mode without allowing contact of the firing pin with the cartridge primer. The method of keeping the firing pin from striking the cartridge primer will be at least a fixed firing pin block/safety that blocks the firing pin and remains in the forward path of the firing pin until the trigger is pulled in such a manner as to fire the weapon.

(ii) Cartridge capacity of at least six rounds.

(iii) 9mm x 19mm or larger (not .380 ACP).

(3) Holsters:

(i) Designed to be worn on the strong-side hip.

(ii) Cover the trigger guard.

(iii) Be weapon specific (i.e., be designed specifically for the weapon or family of weapons, so as to insure a proper fit).

(iv) Allow one-handed drawing and re-holstering of the weapon by the user.

(v) The holster must not allow upward pressure on any exposed portion of the muzzle to result in ejection of the weapon (i.e., belt slide, yaqui slide, or skeletonized holsters must have a thumb-break or strap).

(vi) Secure the handgun with a minimum of one retention device in the form of a strap, thumb-break, finger-break, tension screw, or other method that retains the weapon via either a physical block or through pressure on the weapon. The retention device cannot require that the user insert his or her finger into the trigger guard to release the weapon.

(h) The contractor shall test each contract Guard annually to determine his/her weapons handling proficiency. The course of fire is 210 out of a possible 300 (70%) points for primary duty handguns as per USMS Directive 2.3: Handgun Qualifications. Note: The COTR shall provide the contractor with a copy of these guidelines upon contract award. Retesting should occur annually within sixty (60) days prior to the anniversary of the original test date. An individual shall be deemed ineligible to serve as an armed guard unless he/she successfully passes the weapons proficiency certifications to the COTR. The USMS will not reimburse, nor shall the contractor bill, for any hours or related costs associated with the weapons proficiency testing.

(i) The contractor shall be responsible for purchasing restraining devices to be placed on all Federal prisoners while in the contractor’s custody. The restraining devices must be Hiatt, Smith & Wesson, Peerless or American brand. Prisoners being transported and/or escorted shall be restrained using waist chain, handcuffs, and leg irons. For security purposes, a black box or blue box is used in conjunction with the waist chain and handcuff. Specialty restraints (i.e., tether & control straps, thumb cuffs, flex cuffs, restraint chairs, etc.) will not be used unless specifically authorized by the United States Marshal. Leg irons will be used on prisoners confined to a hospital that does not have a jail ward. If leg irons must be removed for medical or other compelling purposes, handcuffs will be applied prior to removal of the leg irons. Leg irons and/or handcuffs will not be removed from a prisoner undergoing medical care or when he/she bathes or showers. When compelling medical reasons dictate and upon approval of the United States Marshal, restraining devices will not be used. Leg irons will not be placed over boots.

(j) The contractor shall be responsible for ensuring that all security personnel have been properly immunized for TB and Hepatitis, and received a tuberculin skin test at no cost to the Federal Government.

(k) All contract Guards should handle prisoners in accordance with the written guidelines set forth by the USMS (USMS Policy Directive 9.1 Prisoner Custody: Body Searches, Restraining Devices, and In-District Prisoner Movements). Note: The COTR shall provide the contractor with a copy of these guidelines upon contract award.

(l) The contractor shall comply with applicable State requirements. The contract Guard Supervisor and Guards must have current guard registration cards. All Armed Guards must have a current permit authorizing them to carry a firearm.

(m) Contract Guard Qualifications (1) Armed Contract Guard: Have a minimum of three (3) years of full time security, law enforcement, corrections officer, or military police experience monitoring detainees and dealing with security matters related to prisoner handling and detention of prisoners on a regular basis. Must have successfully completed a weapons proficiency course, and be authorized to carry a firearm. If the Armed Contract Guard is retired from the Military, Police Department or Detention Facility, the experience must have been acquired within five (5) years of contract award.

(2) All contract Guards must meet the following requirements:

- Be 21 years or older.

- Speak, read, and write the English language.

- Posses a valid U.S. driver’s license.

- Be emotionally stable with no past history of emotional or mental illness.

- Present a respectable appearance and adhere to reasonable grooming standards as determined by the USMS.

- Be free of a misdemeanor or greater conviction for crimes of domestic violence (Lautenberg Statute).

- Currently not under any court restraining orders.

- Free from alcohol and drug dependency.

- Free of illegal drug use, controlled substance abuse, and psychological disorders.

- Trained and qualified in the use of an approved handgun.

- Have no medical problems (e.g., amputations, deformities, disabilities, etc.) that would restrict strenuous exertion or prevent satisfactory performance.

- Have no history of medical problems (e.g., high blood pressure, heart or respiratory disease, etc.) that would restrict strenuous exertion.

- Physically able to perform the full range of duties without limitations as described in the Statement of Work.

(n) All contract Guards must be physically fit and medically able to perform efficiently and safely the full range of guard duties. Their general physical condition must in no way involve any defect, which might become a hazard to themselves or others.

(o) During details, the contract Guard Supervisors shall perform an unannounced personal contact with the assigned Guards at least once per shift, and record this inspection in the Activity Log. The contract Guard Supervisors shall make on-the-spot corrections for minor deficiencies, and must report major discrepancies to both the Project Manager and the COTR.

(p) Key Personnel, including the Guard Supervisors and Project Manager must meet the same requirements specified for the Guards, as well as the minimum qualifications listed below:

(1) Contract Guard Supervisors:

General Experience Three (3) years of continuous security or law enforcement experience, of which at least two years must be supervisory in nature and at least two years experience as an armed security officer. Specialized or supervisory experience includes: project development, management and control of funds and resources, demonstrated capability in managing multi-tasks and supervising one or more subordinate units consisting of a squad or multiple squads of security or law enforcement personnel. Must successfully complete a background investigation, including criminal and employment checks. Must have good interpersonal skills and present a neat and professional appearance. Additionally, must have detailed knowledge of federal contract security operations. Required to demonstrate continuing physical fitness and proficiency with firearms or other special weapons.

Training/Education High school diploma or GED certificate and completion of a certified security training program or local state or federal law enforcement training academy. Must successfully complete a firearms qualification program annually.

(2) Project Manager:

General Experience Five (5) years of security or law enforcement related experience, of which at least four (4) years must be specialized or supervisory in nature. Specialized or supervisory experience includes: project development, management and control of funds and resources, demonstrated capability in managing multi-tasks and supervising one or more subordinate units consisting of a squad or multiple squads of security or law enforcement personnel. General experience includes increasing responsibilities within the security/law enforcement discipline.

Training/Education Requires bachelor’s degree or equivalent experience. Certificate of graduation from local, state or federal law enforcement academy, including satisfactory completion of certified firearms and defensive tactics courses.

5.

CONTRACTOR PRE-SCREENING REQUIREMENTS

(a) The contractor is responsible for pre-screening all perspective employees for suitability to work on this contract. Pre-screening employees shall be performed at the contractor’s expense.

(b) The contractor shall provide to the COTR a listing of individual Guards to be utilized in the performance of the contract thirty (30) days after the contract is awarded. The list will provide names, social security numbers, and qualifications of each contract Guard. The COTR shall return the list as approved with any comments necessary, including the removal of individuals from the list who are not suitable for use under the contract due to lack of qualifications. Requests for new contract Guards will be submitted in writing to the COTR for subsequent approval. The contractor shall be ready to start performance within three (3) months after the contract is awarded.

(c) The contractor must ensure that the following requirements are met and forms are completed by each employee or submitted in person to the COTR, as applicable:

(1) USM-234 Form (Personal Qualifications Statement)

(2) USM-394 Form Personal Identity Verification (PIV)/Building Access Card Request Form (for those employees who need unescorted access to USMS office space, Federal Courthouses, or IT systems)

(3) Form I-9, Employment Eligibility Verification (4) SF-85 (Questionnaire for Nonsensitive Positions) paper version or electronic version using the OPM e-QIP system. The electronic version of the SF-85 is only required for those employees needing unescorted access as mention in (2) above.

(5) Provide a military discharge certificate (if applicable)

(6) Medical Certification (fit for duty) or a physical (7) Submit two (2) FD-258s (Applicant Fingerprint Cards)

(8) Present two (2) Forms of Identification to the COTR

(9) Submit proof of prior Government Background Investigations (d) The contractor shall, at no cost to the Government, perform a credit check for each employee to ascertain whether the employee has significant recent debt problems. The credit checks shall be at the expense of the contractor.

(e) The contractor is also responsible for submitting, at no cost to the Government the required security forms (see above) for all individuals proposed for hire during the life of the contract. All security forms shall be submitted a minimum of sixty (60) days before the contractor plans to assign a new employee to begin working under this contract.

(f) During the life of the contract, the contractor shall report to the COTR significant incidents involving employees previously cleared and assigned to this contract. Significant incidents include, but are not limited to arrests, convictions, adverse civil judgments, and administrative disciplinary actions. Based on the information provided, the COTR will make a determination as to whether an employee may continue to work on this contract. Persons convicted of felonies will be considered unsuitable for employment under this contract. If the contractor fails to report current significant incidents, and the COTR subsequently uncovers such information, the contractor may be terminated for default.

6.

SEQ CHAPTER \h \r 1BACKGROUND INVESTIGATIONS

(a) The Government reserves the right to reject any personnel proposed to work on this contract if any derogatory information is discovered during or after the commencement of work by the employee. The Government also reserves the right to investigate any individual working on this contract, as deemed necessary.

(b) SEQ CHAPTER \h \r 1The contractor shall ensure that the employees to be utilized in the performance of this contract have completed a background investigation. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unlawful or inappropriate behavior.

(c) The contractor shall pay for the cost of the background investigations for each employee working on this contract.

7.

HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 12

If a contract employee working on this contract requires unescorted access to USMS facilities and/or information systems they must be approved by the USMS security office in accordance with Homeland Security Presidential Directive 12 as required by USMS Security Program Manager. The contract employee must be approved in writing by the USMS Personnel Security Branch (PSB) before such access can be granted. PSB may require an additional background investigation on the contactor employee be conducted by the Office of Personnel Management (OPM) at the minimum level of a NACI.

8.

GOVERNMENT SUITABILITY AND SECURITY REQUIREMENTS

The Government anticipates that the work to be performed under this contract will involve access to sensitive but unclassified materials (otherwise known as “Limited Official Use”) and non-sensitive materials. Duplication or disclosure of the data and other information to which the contract employee may have access as a result of this contract is prohibited by Public Law and may be subject to criminal penalties. The type of background investigation required is based upon the Public Trust Risk Level for each type of contract position. Based upon the duties specified in this solicitation, the contractor’s employees will occupy Low Risk Public Trust positions.

In addition to the background investigation requirements identified above, certain services performed under a resulting contract may be subject to the following security requirements, as defined on a delivery order basis:

(a) Acceptability of Previous Investigation/Clearances:

Whenever a contractor’s employee has been the subject of a prior background investigation which meets the standards prescribed below, and was conducted by an investigative unit of another Federal Agency, clearance may be granted upon review of the prior investigation, provided that there has been no break in service longer than one (1) year and the required investigation was conducted no more than 36 months prior to the date of any resulting contract, and an inquiry is made of the agency of prior employment which discloses no reason why clearance should not be granted. If the prior clearance does not meet such standards, a supplemental or additional investigation will be conducted. Even though a previous investigation is accepted as meeting the standard, a current FBI name and fingerprint check must be completed. Acceptance of a previous background investigation does not mean automatic approval for access to sensitive USMS facilities or information. The USMS Security Programs Manager (SPM) will be the final authority of the adequacy of previous investigations.

If a change in classification occurs and the contractor’s personnel will require access to classified information originated by or in the custody of the USMS, then such access shall be processed through the National Industrial Security Program (NISP).

(b) Background Investigations:

The contractor shall ensure that the person(s) to be utilized in the performance of any resulting contract have completed the Government background investigation required. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat to the Government or successful contract completion due to past unsuitable conduct. The contractor shall ensure that each prospective contractor or subcontractor employee furnishes all required data in the form and format determined by the SPM or his duly authorized representative.

(c) Standards:

Certain components within the USMS may have more stringent security requirements than those identified in this section. The SPM reserves the right to expand the scope of the background investigation, if deemed appropriate.

(d) USMS Personnel Security Branch (PSB) Responsibilities:

Upon receiving the FD-258 fingerprint cards from the COTR the designated USMS Personnel Security Branch (PSB) Contractor Team staff member will scan the fingerprint cards into the Civil Applicant System to obtain data stored with the Federal Bureau of Investigation.

If the civil applicant response results return with an error, the COTR are allowed to resubmit a new FD-258 fingerprint card for rescanning. The fingerprint cards can only be scanned twice.

The designated PSB Contractor Team staff member will email the civil applicant response results back to the COTR.

(e) COTR Responsibilities:

Prior to issuing the conditional approval, the COTR shall complete the following steps:

(1) Run NCIC/NLETS for all states of residence as reflected on the SF- 85.

(2) Supply the contractor with FD-258 fingerprint cards bearing the Originating Agency Identifier (ORI) number of the COTR’s office.

(3) The completed FD-258 fingerprint cards will be mailed to the designated USMS PSB Contractor Team at:

United States Marshals Service

Tactical Operations Division, Personnel Security Branch

Attn: (Contractor Team Specialist)

2604 Jefferson Davis Hwy

Crystal Square # 3 – Suite # 800 Alexandria, VA 22301

(4) The COTR will review the final FD-258 fingerprint results upon receipt by the designated USMS TOD/PSB Contractor Team Specialist.

(5) Upon favorable results of fingerprints and NCIC/NLETS results; the COTR shall grant a conditional approval. The conditional approval shall include the following: full name, date of birth, social security number and position applied for.

(6) If the fingerprint results or NCIC/NLETS contain derogatory information the conditional may be issued based on the Guidelines for Acceptability. If the COTR desires additional information to resolve the issue, the Contracting Company should be contacted to obtain additional information from the applicant.

(7) The COTR will keep a roster or spreadsheet that lists each employee at the contract facility, their title, their EOD date, date of conditional approval, the date their background investigation was received, the date their background was adjudicated and the date they were separated from employment.

(8) Once the NCIC/NLETS results are no longer needed, they will be destroyed. They will not be kept in the personnel files.

(f) Contractor Responsibilities Post Appointment:

(1) Within one year of each on-site employee’s EOD, the contractor shall obtain, review, identify and resolve derogatory information contained on the background investigation results using the Guidelines of Acceptability.

(2) The contractor shall make a determination regarding the employee’s suitability for employment under this contract based upon the results of the background investigation.

(3) Investigations with little or no derogatory information will be reviewed and forwarded to the USMS COTR within 90 days of the investigation completion date.

(4) Investigations requiring resolution of derogatory information will be forwarded within 180 days of the investigation completion date. Extended adjudication time frames, on a case-by-case basis, may be requested from the USMS COTR.

(5) Upon receipt, review and resolution of any derogatory information contained in the reinvestigation report, the contractor shall forward to the USMS COTR a written final determination regarding the employee’s continued employment under this contract. A copy of the background investigation report results shall be attached if requested by the COTR.

(6) The contractor shall ensure all employees and full-time subcontractors are reinvestigated every five years of the contract.

(7) The contractor shall maintain all personnel records, on-site, for the duration of the contract and make these records available to the USMS and/or COTR upon request.

(8) If the contractor wishes to employee the applicant after finding that the applicant does not meet U. S. Marshals Service Guidelines of Acceptability, the contractor shall submit a written request for a waiver.

(9) The request will contain the following:

(a.) details and circumstances of the applicant’s behaviour that is outside the guidelines;

(b.) reason(s) why the applicant should receive further consideration and;

(c.) availability of other suitable applicants.