RFP - 70CDCR23R00000006.pdf

70CDCR23R00000006

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 96

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 3304 (a) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

07/25/2023 X

70CDCR

DETENTION COMPLIANCE AND REMOVALS

U.S. Immigration and Customs Enforcement Office of Acquisition Management 500 12th St SW

WASHINGTON DC 20024

1200 ES 08/11/2023

JOHN CAPPELLO 202

John.Cappello@ice.dhs.gov

923-1301

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PAGE(S)

IAN SOMPPI

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

70CDCR23R00000006

(A) (B) (C) (D) (E) (F)

The purpose of this request for proposal (RFP) is to solicit industry for proposals to provide transportation services for Unaccompanied

Children

(UC) and Family Units (FAMU) 24 Hours a day, seven (7) days per week, and 365 calendar days per year

(24/7/365) (including all holidays).

The government intends on awarded multiple

Indefinite Delivery Indefinite Quantity (IDIQ) contracts from this solicitation.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

SECTION B – SERVICES AND PRICES/COSTS

B.1 PURPOSE

The primary purpose of this indefinite delivery indefinite quantity (IDIQ) contract is to provide unarmed escort staff, including management, supervision, manpower, training, certifications, licenses, drug testing, equipment, and supplies necessary to provide on-demand escort services for unaccompanied children (UC), ranging from infants to 17 years of age, and family units (FAMUs), seven (7) days a week, 365 days a year.

B.2 CONTRACT TYPE

The government intends to issue a single award IDIQ contract from this solicitation in accordance with FAR 16.504. The contract type shall be established at the task order (TO) level.

The resultant TOs shall be Firm Fixed Price, Labor Hour, or a hybrid of both contract types pursuant to FAR 16.505.

B.3 PRICING

The IDIQ will establish a ceiling rate for all positions which cannot be exceeded at the TO level.

TOs may include discounts from rates established in Attachment 06 – Pricing Template.

All TOs awarded under this contract shall be billed in accordance with the prices/rates established within the IDIQ.

For any position that falls within the scope of FAR 52.222-41 – Service Contract Labor Standards (formerly Service Contract Act), the TO pricing for each position shall include, and separate out, direct pay, all fringe benefits, all health and welfare benefits, and all allowable taxes per FAR 52.222-43. Any elements not included will not be allowed unless otherwise determined by the contracting officer (CO).

B.4 CONTRACT ESTIMATED QUANTITIES, MINIMUM, AND MAXIMUM

In accordance with FAR 16.504(a)(4)(ii), the minimum and maximum quantity of the government will acquire under this contract is as follows:

a) Minimum: $25,000.00 during the period of performance of the IDIQ Contract

b) Maximum: $1,805,318,915.35 during the period of performance of the IDIQ Contract

B.5 FUNDING

Funds for the services provided will be obligated at the TO level as the requirement arises.

B.6 USE BY OTHER DEPARTMENT OF HOMELAND SECURITY (DHS)

COMPONENTS

Ordering under this contract(s) is authorized to meet the needs of all DHS, and its components.

• Fair opportunity procedures as defined by FAR 16.505(b)(1) will be followed for all TO’s.

• COs within DHS are authorized to place TO within the terms of the IDIQ after they have been given permission by the ICE CO.

• Task Order COs may use any contract numbering system, consistent with the individual agency procedures, when assigning order numbers.

• There is no coordination imposed by the ICE CO, other than receiving permission by the ICE CO (bullet 2). TO COs are empowered to place orders in accordance with the terms and conditions of the contract(s) guidelines, the FAR, and their own component procedures.

• The ICE CO will not make judgments or determinations regarding non-ICE TOs.

• All issues must be resolved consistently with individual agency procedures and/or oversight.

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Attachment 01

[END OF SECTION C]

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

SECTION D – PACKAGING AND MARKING

There are no clauses incorporated with this section for this contract.

[END OF SECTION D]

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:

https://www.acquisition.gov/browse/index/far

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 AND ACCEPTANCE

Inspection and acceptance of contractor performance will be made by the contracting officer representative (COR). This delegation of authority does not authorize any actions that may result in changes in the provisions, specifications, or pricing of this contract.

E.3 ACCEPTANCE OF SERVICES

Acceptance of services and/or deliverables occurs when services and deliverables have been reviewed and approved, in writing, by the CO or his/her authorized representative(s). Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract or any issued delivery order.

E.4 ACCEPTANCE CRITERIA

The items specified for delivery are subject to the review and approval of the COR before final acceptance. The COR will review all deliverables submitted to ensure accuracy, functionality, completeness, professional quality, and overall compliance within the guidelines/requirements specified. The contractor shall ensure the accuracy and completeness of all deliverables.

While occasional typos and calculation errors may be permitted, persistent recurrent errors, misleading or unclear statements, incomplete or irrelevant information, excessive rhetoric, repetition, and ‘padding’ may be considered deficiencies and cause for rejection and may lead to documentation in the Contractor Performance Assessment Reporting System (CPARS). Unless otherwise indicated, the government will review and comment on all deliverables within ten (10) calendar days. If the government does not respond within the ten (10) calendar days period, the contractor shall assume acceptance by the government.

E.5 REJECTION OF SERVICES AND PROCEDURES

The government reserves the right to reject services and to require replacement or correction within five (5) calendar days of notification of such problems. The contractor, after notice of defect or non-conforming deliverables or services, shall be responsible any administrative costs that may be incurred. The contractor shall correct the deficiency and re-submit to the government for consideration under the same acceptance criteria. If the deliverable does not meet the acceptance criteria a second time, the government will require re-performance and may consider the contractor as having deficient performance with respect to the subject task/subtask.

E.6 OTHER REVIEW TIMES

All other review times and schedules for deliverables shall be agreed upon by the parties based on the final deliverables table in Section F.5. The contractor shall be responsible for timely delivery to government personnel in the agreed upon review chain, at each stage of the review. The contractor shall work with personnel reviewing the deliverables to assure that the established schedule is maintained.

E.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the QASP (Attachment 03 -

QASP)

E.8 ADDITIONAL (NON-ICE) QASP

Additional QASP metrics may be added for orders made in accordance with B.6 and shall be provided within the associated TO. The contracting officer will make a determination as to whether the additional metrics constitute a substantive change and if so, the contractor may be allowed to provide input.

[END OF SECTION E]

SECTION F – DELIVERABLES AND 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 CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

Clause Number Clause Title Date 52.242-15 Stop Work Order Aug 1989 52.246-6 F.O.B. Destination May 2001

F.2 PERIOD OF PERFORMANCE

The period of performance of this IDIQ is comprised of 1 five-year base ordering period inclusive of a 90-day transition period.

Period of Performance Dates

Base Period TBD (a total of five years)

F.3 TASK ORDER PERIOD OF PERFORMANCE

TOs may be issued at any time during the contract performance. The period of performance of any resultant TO issued under the contract is anticipated to be for 12 months, however they may be shorter.

F.4 PLACE OF PERFORMANCE

The following table lists the required hubs/site office locations. However, transportation may take place anywhere within United States.

Hubs/Site Office Locations McAllen, Texas San Antonio, Texas El Paso, Texas Phoenix, Arizona

F.5 DELIVERABLES

a. For purposes of delivery, all deliverables shall be made by in accordance with the below deliverable table. All times listed are understood to be Eastern Standard Time.

b. The contractor shall regularly report status of all deliverables both verbally and in writing. The contractor shall be required to provide updates as determined by the government to ensure all deliverables are being met.

c. All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus.

d. Each deliverable shall be from the contractor on company letterhead. Multiple deliverables via email may be submitted but must include a description of the contents of the complete package.

e. In the event the contractor anticipates difficulty in complying with any delivery schedule, the contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the contractor expects to make delivery; provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

f. The table below lists deliverables and their corresponding due dates. The format and content of all deliverables are subject to government approval.

NO. PWS REF Deliverable/Event Due Distribution 1 PWS 10.5 Contractor's Written

Standards of Conduct

15 Days After Award of the Contract and 10 Days After any Update.

CO, COR

2 PWS 9.2

PWS 9.24

Contractor's Plans, Policies and Procedures (including UAC/Family Transport Policies, Records Retention, etc.)

10 Days After Award of the Contract and 10 Days After any Update.

CO, COR

3 PWS 11.0 Quality Control Plan 30 Days After Award of the Contract and 5 Days After any Update.

CO, COR

4 PWS 9.17 Emergency Plan 10 Days After Award of the Contract and 10 Days After any Update.

CO, COR

6 PWS 10.8.1 Training Curriculum 10 Days After Award of the Contract and 10 Days After any Update.

CO, COR

7 PWS 9.4.3 Signed Transfer Requests and tracking Forms

3 Days After Transfer COR

8 PWS 9.1.2 Vehicle Inspection Checklists and Repairs

2 Days After Request by the COR

COR

9 PWS 9.1.2 Vehicle Logs 2 Days After Request by the COR

COR

10 PWS 19.0 Insurance Policies 30 Days After Award of the Contract and 10 Days After any Update.

COR

11 PWS 9.1.2 Copies of CDLs and Driver's Licenses of Contractor Employees Transporting UAC and Families

Prior to Any Employee Transporting UAC and Families and After License or CDL Renewal but Prior to Transporting UAC and Families

COR

12 PWS 9.22 Daily Reports 8:00am the following Calendar/Business Day

CO, COR

13 PWS 9.22 Weekly Reports 8:00am the Monday Following the Reporting Period

CO, COR

14 PWS 9.22 Monthly Reports 10:00am of the fifth (5th) Calendar Day Following the Reporting Period

CO, COR

15 PWS 9.22 Quarterly Reports 10:00am of the Seventh (7th) Calendar Day Following the Reporting Period

CO, COR

16 PWS 9.22 Annual Reports 10:00am of the tenth (10th) Calendar Day Following the Reporting Period

CO, COR

17 PWS 9.22.5.1 Notification of Confirmed Pregnancy

Immediately After being Made Aware

COR

18 PWS 9.22.5.1 Notification of Confirmed Birth

Immediately After being Made Aware

COR

19 PWS 9.22.5.3 Emergency Reports One Business Day After Event

CO, COR

20 PWS 10.8.6 Copies of Satisfactory Completion of Training Curriculum

Prior to Any Employee Transporting UAC and Families

COR

21 FAR 52.219-9 Subcontracting Plan (if applicable)

With Proposal Submission and Revised When Changes Made

CO

22 FAR 52.222-

E-Verify Data 15 Days After Award and Revised When Changes Made

CO

23 FAR 52.237-7 Insurance 30 Days After Award and Revised When Changes Made

CO, COR,

Credentialing Unit

24 PWS 13 Transition In Plan With Proposal and Revised Within 10 Days of Award

CO, COR

25 PWS 13 Transition Out Plan Within 15 Days of Transition-Out Notification

CO, COR

26 PWS 22 Contract Management Plan

With Proposal and any time it is Revised

CO, COR

27 PWS 14 IT Security Plan (if applicable)

60 Days after Award CO, COR

28 PWS 9.18 Behavior Management Plan

10 Days After Award of the Contract and 10 Days After any Update.

CO, COR

29 PWS 9.22.5.2 Transport Report 10 Days After Transport

COR

30 PWS 13.2.1 Incumbent Staff List Within 15 Days of Transition-Out Notification

CO, COR

* The word “immediately” or “immediate,” as used in this solicitation is defined as “as soon as reasonably possible”. The contractor should use prudent and reasonable judgement to determine the timeframe necessary to notify the government as defined above based on the situation, but it should not exceed a reasonable timeframe to notify the government. For example, a reasonable timeframe for a physical force incident is as soon as the incident that required a physical force response has been contained. A reasonable timeframe to notify the government of an attempted escape is after the detainee is safely within the confines of the building. A reasonable timeframe to report an actual escape in which the contractor does not know the location of the detainee is as soon as the contractor realizes there has been an escape. In the case of a conflict between the Program Office and the contractor on a reasonable timeframe, the contracting officer will determine the appropriate reasonable timeframe.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION

G.1 CONTRACT AMDINISTRATION

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 the ICE and the contractor.

The individuals outlined in Section G will be the government points of contact during the performance of this contract for their respective roles as identified herein:

Contract Specialist:

TBD

Office of Acquisition Management Detention Compliance and Removals 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

Contract Officer:

TBD

Office of Acquisition Management Detention Compliance and Removals 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

Contracting Officer Representative:

TBD

Enforcement Removal Operations (ERO) 500 12th St., SW Washington, D.C. 20536 Phone: TBD Email: TBD

The CO has the sole authority to award, modify or terminate contracts and obligate government funds. The CO is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interest of the United States in its contractual relationships.

G.2 APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

The CO shall designate and authorize, in writing and in accordance with agency procedures, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed-price contracts and orders as appropriate. The CO shall designate and authorize a COR as early as practicable after the nomination.

A COR—

a. Shall be a government employee, unless otherwise authorized in agency regulations;

b. Shall be certified and maintain certification in accordance with the current Office of

Management and Budget memorandum on the Federal Acquisition Certification for Contracting Officer Representatives (FAC-COR) guidance, or for DoD, in accordance with the current applicable DoD policy guidance;

c. Shall be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with agency procedures;

d. May not be delegated responsibility to perform functions that have been delegated under

42.202 to a contract administration office, but may be assigned some duties at 42.302 by the contracting officer;

e. Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

f. Shall be nominated either by the requiring activity or in accordance with agency procedures;

and

g. Shall be designated in writing, with copies furnished to the contractor and the contract administration office—

1. Specifying the extent of the COR’s authority to act on behalf of the contracting officer;

2. Identifying the limitations on the COR’s authority;

3. Specifying the period covered by the designation;

4. Stating the authority is not redelegable; and

5. Stating that the COR may be personally liable for unauthorized acts.

G.3 GOVERNMENT PERSONNEL: ROLES AND RESPONSIBILITIES

a. Contracting Officer: The contracting officer (CO) has the overall and primary responsibility for the administration of this contract. Only the CO has the authority to enter into, administer, modify, or terminate this contract on behalf of the government. This authority includes modifying and deviating from the contract terms, conditions, requirements, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and terminating the contract for convenience or default. The CO has authority to delegate certain responsibilities to an authorized contracting officer’s Representative who will ensure appropriate clinical expertise is provided to address clinical issues. At the CO’s discretion a performance requirement or performance deficiency or any other performance variation by the contractor may be waived. The contractor may submit a waiver request to the CO in writing on case-by-case basis.

b. Contracting Officer’s Representative: The CO shall appoint a contracting officer representative (COR) with the primary duty to monitor contractor performance to ensure that all technical requirements under the contract are met within the period of performance. The authorization is not delegable. The COR has the responsibility to inspect all services and is authorized to approve/reject invoices for payment.

1. The COR’s responsibilities and duties include:

a. Conduct surveillance in accordance with the QASP. Document surveillance activities and provide a copy of documentation to the CO. Review technical proficiency and compliance against the technical provisions of the contract, and verify the performance of work by the contractor;

b. Perform surveillance of the performance under the contract and conduct inspections necessary to assure performance and compliance with the terms and conditions of the contract;

c. Assure prompt review of draft reports and approval of final reports to contractor to assist with meeting the specified completion date of the contract, and assuring prompt inspection and acceptance, or rejection of deliverable;

d. Notify the contractor of deficiencies observed during surveillance. Record and report to the CO all incidents of faulty or nonconforming work, delays, or problems which may disrupt or hinder future performance;

e. Immediately bring to the contractor’s attention any potentially hazardous conditions.

The contractor is always required to comply with federal Occupational Safety and Health Administration (OSHA) guidelines, applicable labor and environmental laws, as well as any state or local requirements for workplace safety, whether in federal facility or other location; and

2. The COR shall notify the CO in writing of the following:

a. Any requests for changes from a contractor;

b. Potential labor disputes or workforce problems;

c. Lack of performance which may jeopardize the cost or required schedule;

d. Possible changes in contractor management and/or key personnel;

e. Disagreements with the contractor regarding performance of PWS requirements or other potential disputes with the contractor about technical or other business matters;

f. Any possible contractor deficiencies or questionable practices so that corrections can be made before the problems become significant;

g. Procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the CO and agency office, such as the OIG; and

h. All problems, potential disagreements or controversy, both oral and in writing regarding the status of the contract and performance of its requirements.

G.4 INVOICE/PAYMENTS

a. The contractor shall be active in the System for Award Management (www.SAM.gov) for invoice processing. Besides the information identified below, a proper invoice shall also include; contractor’s Unique Entity Identification Number (UEID); the ICE Program Office;

and state whether the invoice is “INTERIM” or “FINAL”.

b. In accordance with Contract Clauses, FAR 52.212-4 (g) (1), Contract Terms and Conditions -

Commercial Items, or FAR 52.232-25 (a) (3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

"...An invoice must include-

i. Name and address of the contractor. The name, address and UEID number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;

ii. UEID;

iii. Invoice date and number;

iv. Contract number, line items and, if applicable, the order number;

v. Description, quantity, unit of measure, unit price and extended price of the items delivered;

vi. 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 notify in event of defective invoice;

x. ICE Program Office designated on the order/contract/agreement; and

xi. Whether the invoice is “Interim” or “Final”

c. Invoice submission: shall be submitted via one of the following two methods. Improper invoices or those submitted by means other than these two methods will be returned. Email is the preferred method.

1. Primary method of submission is email. The contractor shall submit one (1) invoice in PDF format per e-mail and the subject line of the e-mail will reference the invoice number of the attached invoice to:

Invoice.Consolidation@ice.dhs.gov

Attn: ICE-ERO/DRO-FHQ-DMD Invoice mailto:Invoice.Consolidation@ice.dhs.gov

2. Mail:

DHS, ICE

Financial Service Center Burlington Attn: ICE-ERO/DRO-FHQ-DMD Invoice P.O. Box 1620 Williston, VT 05495-1620

c. Payment Inquiries: Questions regarding invoice submission or payment, please contact

Financial Service Center Burlington at 1-877-491-6521, Option # 3 or by e-mail at OCFO.CustomerService@ice.dhs.gov

Invoices without the above information may be returned for resubmission.

G.5 TECHNICAL DIRECTION

1. Technical Direction is defined to include:

a. Written directions to the contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

b. Provision of written information to the contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement; and

c. Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

2. The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the contracting officer, except any action specifically prohibited by the terms of this Contract:

a. Assure that the contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications;

b. Perform or cause to be performed, inspections necessary in connection with (a) above and require the contractor to correct all deficiencies; perform acceptance for the government;

c. Maintain all liaison and direct communications with the contractor. Written communications with the contractor and documents shall be signed as "contracting officer’s representative" with a copy furnished to the contracting officer;

d. Issue written interpretations of technical requirements of government drawings, designs, and specifications;

e. Monitor the contractor's production or performance progress and notify the contractor in writing of deficiencies observed during surveillance, and direct appropriate action to mailto:OCFO.CustomerService@ice.dhs.gov effect correction. Record and report to the contracting officer incidents of faulty or nonconforming work, delays or problems; and

f. Obtain necessary security clearance and appropriate identification if access to government facilities is required. If to be provided, ensure that government furnished property is available when required.

3. LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract

(including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the government. The COR may not take any action which may have an impact on the contract schedule, funds, scope or rate of utilization of estimated levels of effort.

All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the contracting officer.

4. In the separately issued COR designation letter, the CO designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

5. Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e.

Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The contractor and the COR shall bring all contracting problems to the immediate attention of the contracting officer. Only the contracting officer is authorized to formally resolve such problems. The contracting officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The contracting officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the contracting officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the contractor effects any changes at the direction of any other person other than the contracting officer, the change will be considered to have been made without authority.

6. Failure by the contractor to report to the Administrative Contracting Office, any action by the government considered to be a change, within 30 days, waives the contractor's right to any claims for equitable adjustments.

[END OF SECTION G]

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT-CONTRACTOR RELATIONSHIP

a. The services to be delivered under this contract are determined to be non-personal services and the parties recognize and agree that no employer-employee exists or will exist under the contract between the government and the contractor and/or its employees.

b. Contractor personnel under this contract shall not be placed in a position where they are appointed or employed by a Federal Officer.

H.2 SUBCONTRACTING PLAN & USE OF SUBCONTRACTORS AND

INDEPENDENT CONTRACTORS

The contractor is permitted to use independent contractors for services rendered under this contract. If the contractor deems it necessary to obtain the services of a subcontractor to fulfill its obligations under this contract, contractor will notify the CO in writing of its intent to use subcontractor for particular positions. No approval is necessary for use of a subcontractor that is a subsidiary of contractor or a subcontractor identified in the contractor’s original proposal.

Responsibility remains with the contractor for all subcontractor and independent contractors. Any subcontractor utilized by the contractor shall be responsible for the same requirements as the prime contractor. The IDIQ/TO contractor will remain the sole point of contact for the government in all matters related to the delivery of services under this contract.

The remainder of this section applies to any contractor required to have a subcontracting plan per FAR 52.219-9(a)

The contractor's subcontracting plan dated TBD is determined to be acceptable and is hereby incorporated by reference as a material part of this contract. In accordance with FAR 19.704(a)(10)(iii) and (iv), submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov, following the instructions in the eSRS.

Note: Also see H.9 - Prior Approval Required to Hire Subcontractors

The following list constitutes the approved subcontractors under this contract:

1. TBD

H.3 CONTRACTOR EMPLOYEE IDENTIFICATION

The contractor, contractor employees, or subcontractors, shall not represent or permit itself or its employees to be represented as agents or employees of the United States government, and shall not use the names or acronyms of DHS, ICE, or DCR on advertising material. The contractor shall not represent, expressly or by implication, that the services provided under this contract are endorsed by any element of the government.

http://www.esrs.gov/

All contractor personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.4 EMERGENCY, NATURAL DISASTERS, AND OTHER OCCURRENCES

In the event of an emergency, natural disaster, or other occurrence that prevents contractor personnel from reporting to their assigned workplace, the government may require the contractor to report to a different facility. Direction shall be coordinated by the COR.

H.5 DEDUCTIONS

In accordance with Attachment 03 – QASP, the government may apply financial deductions to monthly invoices as defined in the QASP. Deductions shall come into effect immediately following the transition phase. Deductions may be implemented and calculated for each category as defined in the QASP.

If the surveillance factors are below the thresholds defined in the QASP, the COR will calculate the deductions in accordance with the QASP. The deduction calculations may not be rounded. The government will notify the program manager of the total amount being deducted and provide a copy of the of the deductions calculation via email.

H.6 PUBLIC DISCLOSURE OF WORK UNDER THIS CONTRACT

a. Public disclosure of information derived from or knowledge gained as a result of work under this contract whether by press release, word of mouth, written correspondence, or any other means is prohibited without the advance written consent of the contracting officer. Any request for authority to release such information will be made in writing and submitted by the contractor to the contracting officer with a copy to the COR. Each request will be documented with sufficient evidence to justify the requested release as being in the best interest of the public. Final determination with regard to the necessity of public disclosure of such information remains solely with the contracting officer.

b. As used in this clause, the prohibition against "public disclosure" is defined to include a prohibition against disclosure to any governmental agency, as well as any individual or group of individuals outside of the government.

c. Contractor shall insert the clause in paragraphs (a) and (b) above, in any, and all, subcontracts hereunder relating to performance of work under this contract.

H.7 SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

(a) Applicability. This clause applies to the contractor, its subcontractors, and contractor employees (hereafter referred to collectively as “contractor”). The contractor shall insert the substance of this clause in all subcontracts.

(b) Definitions. As used in this clause—

“Personally Identifiable Information (PII)” means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother’s maiden name. The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identifiable information can become personally identifiable information whenever additional information is made publicly available—in any medium and from any source—that, combined with other available information, could be used to identify an individual.

PII is a subset of sensitive information. Examples of PII include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identifiers such as fingerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive Information” is defined in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

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

Transportation Security Administration or his/her designee);

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

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

“Sensitive Information Incident” is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any government system, contractor system, or sensitive information.

“Sensitive Personally Identifiable Information (SPII)” is a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver’s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identifiers such as fingerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual’s name or other unique identifier plus one or more of the following elements:

1) Truncated SSN (such as last 4 digits)

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

3) Citizenship or immigration status

4) Ethnic or religious affiliation

5) Sexual orientation

6) Criminal History

7) Medical Information

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

Other PII may be “sensitive” depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive.

(c) Authorities. The Contractor shall follow all current versions of government policies and guidance accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors, or available upon request from the contracting officer, including but not limited to:

1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassified (for Official Use Only) Information http://www.dhs.gov/dhs-security-and-training-requirements-contractors

2) DHS Sensitive Systems Policy Directive 4300A

3) DHS 4300A Sensitive Systems Handbook and Attachments

4) DHS Security Authorization Process Guide

5) DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel

Suitability and Security Program

7) DHS Information Security Performance Plan (current fiscal year)

8) DHS Privacy Incident Handling Guidance

9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for

Cryptographic Modules accessible at http://csrc.nist.gov/groups/STM/cmvp/standards.html

10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at http://csrc.nist.gov/publications/PubsSPs.html

11) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at http://csrc.nist.gov/publications/PubsSPs.html

(d) Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required.

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

1) Department of Homeland Security (DHS) policies and procedures on contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.1, Safeguarding Sensitive But Unclassified (For Official Use Only) Information describes how contractors must handle sensitive but unclassified information. DHS uses the term “FOR OFFICIAL USE ONLY” to identify sensitive but unclassified information that is not otherwise categorized by statute or regulation.

Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identifiable Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program.

2) The contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the contractor except as specified in the contract.

3) All contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The contractor shall provide copies of the http://csrc.nist.gov/groups/STM/cmvp/standards.html signed NDA to the contracting officer’s representative (COR) no later than two (2) days after execution of the form.

4) The contractor’s invoicing, billing, and other recordkeeping systems maintained to support financial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other government personnel associated with the administration of the contract, as needed.

(e) Authority to Operate. The contractor shall not input, store, process, output, and/or transmit sensitive information within a contractor IT system without an Authority to Operate (ATO) signed by the Headquarters or Component CIO, or designee, in consultation with the Headquarters or Component Privacy Officer. Unless otherwise specified in the ATO letter, the ATO is valid for three (3) years. The contractor shall adhere to current government policies, procedures, and guidance for the Security Authorization (SA) process as defined below.

1) Complete the Security Authorization process. The SA process shall proceed according to the DHS Sensitive Systems Policy Directive 4300A (Version 11.0, April 30, 2014), or any successor publication, DHS 4300A Sensitive Systems Handbook (Version 9.1, July 24, 2012), or any successor publication, and the Security Authorization Process Guide including templates.

(i) Security Authorization Process Documentation. SA documentation shall be developed using the government provided Requirements Traceability Matrix and government security documentation templates. SA documentation consists of the following:

Security Plan, Contingency Plan, Contingency Plan Test Results, Configuration Management Plan, Security Assessment Plan, Security Assessment Report, and Authorization to Operate Letter. Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security Agreement(s). During the development of SA documentation, the contractor shall submit a signed SA package, validated by an independent third party, to the COR for acceptance by the Headquarters or Component CIO, or designee, at least thirty (30) days prior to the date of operation of the IT system. The government is the final authority on the compliance of the SA package and may limit the number of resubmissions of a modified SA package.

Once the ATO has been accepted by the Headquarters or Component CIO, or designee, the contracting officer shall incorporate the ATO into the contract as a compliance document. The government’s acceptance of the ATO does not alleviate the contractor’s responsibility to ensure the IT system controls are implemented and operating effectively.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations. The contractor shall address all deficiencies before submitting the SA package to the government for acceptance.

(iii) Support the completion of the Privacy Threshold Analysis (PTA) as needed. As part of the SA process, the contractor may be required to support the government in the completion of the PTA. The requirement to complete a PTA is triggered by the creation, use, modification, upgrade, or disposition of a contractor IT system that will store, maintain and use PII, and must be renewed at least every three (3) years. Upon review of the PTA, the DHS Privacy Office determines whether a Privacy Impact Assessment (PIA) and/or Privacy Act System of Records Notice (SORN), or modifications thereto, are required.