RFP - 70RFP420RE7000003.pdf

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (October 2018)

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

01. DESCRIPTION OF SERVICES

02. CONTRACT TYPE

03. MAXIMUM QUANTITIES

04. PRICES

Note

Applicable Wage Determination

1. 29 C.F.R. § 13.4(f) CBAs Ratified Prior to September 30, 2016 and whichever occurs first

2. 29 C.F.R. § 13.5 CBAs Ratified After September 30, 2016

Basic Services

Temporary Additional Services

Emergency Security Services (ESS)

05. PACKING AND MARKING

06. INSPECTION AND ACCEPTANCE - CONTRACTOR'S

RESPONSIBILITY

07. CONTRACT TRANSITION AND PHASE-IN

08. CONTRACT PHASE-OUT

09. DELIVERIES OR PERFORMANCE - TERM OF CONTRACT

10. CONTRACT ADMINISTRATION DATA

By mail:

By e-mail

10B PAYMENTS

10C. ADJUSTING PAYMENTS FOR CONTRACTOR PERFORMANCE

11. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT ADMINISTRATION

12. INSURANCE REQUIREMENT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items ( Mar 2020)

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FAR 52.216-18 ORDERING (OCT 1995)

AVAILABILITY OF FUNDS

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

MINIMUM and MAXIMUM QUANTITIES

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

This Statement is for Information Only.

It is not a Wage Determination.

Guard II – New Mexico $17.40 36.25% Guard II – Doña Ana County $17.29 36.25%

FAR 52.224-3 PRIVACY TRAINING - ALTERNATE I (DEVIATION) (JULY

2017)

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

52.252-6 Authorized Deviations in Clauses (Apr 1984)

HSAR 3052.209-76 PROHIBITION ON FEDERAL PROTECTIVE SERVICE

GUARD SERVICES CONTRACTS WITH BUSINESS CONCERNS OWNED,

CONTROLLED, OR OPERATED BY AN INDIVIDUAL CONVICTED OF A

FELONY (DEC 2009)

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012

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BANKRUPTCY (Tailored)

CONTINUITY OF CRITICAL CONTRACTOR DELIVERABLES [SERVICES ]

IN THE EVENT OF AN EMERGENCY (October 2009)

LIST OF CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

DEPARTMENT OF HOMELAND SECURITY

FEDERAL PROTECTIVE SERVICE

STATEMENT OF WORK

FOR

PROTECTIVE SECURITY OFFICER SERVICES (PSO)

JULY 2019 VERSION – 1

RFP: 70RFP420RE7000003 PSO Services in the State of New Mexico

TABLE OF CONTENTS

1 INTRODUCTION

2 CONTRACT TRANSITION

3 PLANS

4 AUTHORITY AND JURISDICTION; LICENSES AND PERMITS; AND ADHERENCE TO LAWS

5 QUALIFICATION OF PSO AND PSO SUPERVISOR

6 TRAINING

6.6.1 General Information

6.6.2 Firearms Training

6.6.3 Firearms Qualification

6.6.4 Transitional Weapon Training and Qualification

6.6.5 Weapon Platform Training and Qualification

6.6.6 Intermediate Weapons Training

6.7.1 Definitions

6.7.2 NWDTP Instructors

6.7.3 NWDTP Instructor Training and Certification Requirements

6.7.4 PSO Training and Certification Requirements

6.7.5 Reporting Requirements and Deliverables

6.8.1 Scheduling of Government-Provided Training and Testing

6.8.2 PSO Orientation Briefing

7 CONTRACTOR AND PSO FILES

8 WAIVERS AND DEFERMENTS

9 REQUIRED SERVICES

9.8.11 Traffic Control

9.8.12 Receipt, Use and Safeguarding of Keys

9.8.13 Security and Safety Systems

9.8.14 Rules and Regulations Governing Conduct on Federal Property

9.8.15 Physical Security, Law, and Order

9.8.16 Hazardous Conditions

9.8.17 Response to Injury or Illness

9.8.18 Civil Disturbances

9.8.19 Emergencies

9.8.20 Primary Security Responses

9.8.21 Additional Duties

10 CONDUCT OF CONTRACTOR PERSONNEL

11 KEY PERSONNEL

12 OPERATIONS

12.1.1 Schedule

12.1.2 Breaks

12.1.3 Compliance

12.2.1 Productive Hours

12.2.2 Reserve Forces

12.2.3 Emergency Security Services (ESS)

12.2.4 Temporary Additional Service (TAS)

12.2.5 Supervision

12.2.6 Incident Reporting

12.2.7 Open Post

13 GOVERNMENT-PROVIDED EQUIPMENT

14 CONTRACTOR-PROVIDED EQUIPMENT

15 QUALITY CONTROL, QUALITY ASSURANCE, AND PERFORMANCE EVALUATIONS

16 EXHIBITS AND ATTACHMENTS LIST

17 DELIVERABLES

1 Introduction

1.1 General Information

Provide armed Protective Security Officers, as defined in the statement of work and contract exhibits, at federally owned, leased, or occupied facilities protected by the Federal Protective Service at various locations located in

; In furnishing these services, provide all necessary management, supervision, personnel, materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate, and ensure effective performance of, and conformance to all aspects of the statement of work.

1.2 Federal Protective Service

1.3 Acronyms

1.4 Federal Management Regulations (FMR) and Other

Applicable Documents

1.5 FPS PSO Security Manual and Resource Tool (SMART) Book

2 Contract Transition

2.1 Phase – In

2.2 Phase – Out of Contract and Continuity of Services

2.3 Conferences and Meetings

3 Plans

3.1 General

3.2 Transition Plan

o o o o

3.3 Training Plan

3.4 Quality Control Plan

3.5 Continuity of Operations (COOP) Plan

o o o o o o

3.6 Privacy Act, Record Management and IT Security Requirements

Privacy at DHS: Protecting Personal Information.

o o

4 Authority and Jurisdiction; Licenses and Permits; and Adherence to Laws

4.1 General Information

U.S. Code Title 18 United States Code (USC), Section 1001, False, Fictitious, Fraudulent Statement/Representation.

4.2 State and Local Requirements

4.3 Carriage of Licenses and Permits

4.4 Licenses Fees

5 Qualification of PSOs and PSO Supervisors

5.1 General Information

o o o

. (Note: High School Diplomas from countries outside of the United States must be translated in English and certified by a Notary or an individual who is authorized to notarize documents. The document must be an original copy)

5.2 Medical and Physical Qualifications

5.2.1 General Information

5.2.2 Pre-Employment and Recurring Physical/Medical Examinations

Physician’s Certification – PSO Medical Examination and Physical Abilities Test

Vision:

Hearing:

Speech:

Cardiovascular System:

Chest and Respiratory System:

Gastrointestinal System:

Genitourinary System:

Endocrine and Metabolic Systems:

Musculoskeletal System:

Hematology System:

Neurological Systems:

Psychiatric Disorders:

Dermatology:

Medication:

Organ transplantation and prosthetic devices:

5.2.3 Physical Demands

5.2.4 Initial, Random, and Recurring Screening for Illegal Drugs

Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies.

5.2.5 Government Requested Screening

5.3 Fitness Determinations

5.4 Entry on Duty (EOD) Decisions

5.5 Favorable Determinations

5.6 Unfavorable Determinations

5.7 Security Clearances

Department of Defense Contract Security Classification Specification

5.8 Security Clearance Requirements

5.9 Security Clearance Determinations

Questionnaire for National Security Positions

6. Training

6.1 General Information

6.2 Training Schedule

6.3 Training Certifications

6.4 Training Requirements by Position

6.4.1 Protective Security Officers and PSO Supervisors

6.5 Automated External Defibrillator (AED), Cardiopulmonary

Resuscitation (CPR), First Aid, or Emergency Medical Technician

(EMT)

6.6 Weapons Training and Qualification

6.6.1 General Information

6.6.2 Initial Firearms Training

6.6.3 Initial and Semi-Annual Firearms Qualification

6.6.4 Transitional Weapon Training and Qualification

6.6.5 Weapon Platform Training and Qualification

6.6.6 Intermediate Weapons Training

6.7 National Weapons Detection Training Program (NWDTP) using Train- the-Trainer Method

6.7.1 Definitions

6.7.2 NWDTP Instructors

6.7.3 NWDTP Instructor Training and Certification Requirements

6.7.4 PSO Training and Certification Requirements

6.7.5 Reporting Requirements and Deliverables

6.8 Government-Provided Training

6.8.1 Scheduling of Government-Provided Training and Testing

Government- Provided Training

6.8.2 PSO Orientation Briefing

6.9 Other Special Training

6.10 Annual IRS Security Awareness Training

(IRS Delegation Contracts Only)

7 Contractor and PSO Files

7.1 Master Certification List

7.2 Personnel Files

Contractor’s Certification of Training

Contractor’s Validation of Employee Personal Data

Contractor’s Validation of Employment Requirements

Note: All documents require review and validation and are subject to review at any time.

Items listed under Contractor employee personal data shall be reviewed and validated by the Contractor using Exhibit 7a, Contractor’s Validation of Employee Personal Data (Education, Experience, Language, SSN Card, I- 9/e-Verify document, etc.).

Items listed under Pre-employment Validation shall be reviewed and validated by the Contractor and the COR, using Exhibit 7b, Contractor’s Validation of Employment Requirements, prior to the PSO taking the PSO basic training examination.

Items listed under Current Training and Certifications are subjected to administrative audits; only the most current documentation or certification is required to be maintained. Extraneous documentation shall be removed and maintained in accordance with applicable regulations or instructions.

All training and certification shall be documented using, Exhibit 7, Contractor’s Certification of Training and Qualification. Use of the (Specify) box will detail the type of equipment the PSO has been certified on.

Exhibit 12, Physician’s Certification (PSO Medical Examination and Physical Abilities Test) shall be placed in separate location but shall remain available. The physician’s certification signature page shall be maintained with Pre-employment validation documents.

o o o o o

7.3 Audit of Personnel Files

7.4 PSO Records Management

7.4.1 Training Academy Management System (TAMS)

7.4.2 TAMS Account(s)

7.4.3 TAMS Account Training

7.4.4 TAMS Account Access

7.4.5 TAMS Certifications

7.4.6 TAMS Records Management Responsibilities

Certification Issuance

(EXAMPLE: 3119-8731_SURBECK_CPR_JUL_2019)

Training Submissions.

Personnel/Employment Information Updates

Records Accountability

8 Waivers and Deferments

9 Required Services

9.1 Order of Precedence

9.2 Post Orders

9.3 Time and Attendance

9.4 FPS 139, Record of Time of Arrival and Departure from Buildings (During Security Hours)

9.5 Post Tracking System (PTS)

9.6 Reports, Records, and Testimony

9.7 Post Types

9.8 Typical Post Duties

9.8.10 There

must be an eight-hour non-duty period between work periods or granted an exception by COR.

9.8.11 Traffic Control

9.8.12 Receipt, Use and Safeguarding of Keys

9.8.13 Security and Safety Systems

9.8.14 Rules and Regulations Governing Conduct on Federal Property

9.8.15 Physical Security, Law, and Order

9.8.16 Hazardous Conditions

9.8.17 Response to Injury or Illness

9.8.18 Civil Disturbances

9.8.19 Emergencies

9.8.20 Primary Security Responses

9.8.21 Additional Duties

10. Conduct of Contractor Personnel

10.1 General Information

10.2 Reporting Adverse Information

10.3 Government Directed Removal of Contractor Employees

10.4 Contract Employee Reinstatements

11 Key Personnel

11.1 General Information

11.2 Contract Manager

11.3 Training Instructors

o o o o o o o o o o o o o o o

11.4 NWDTP Instructor Qualifications

11.5 Quality Control Monitors

12 Operations

12.1 Work Site

12.1.1 Schedule

12.1.2 Breaks

12.1.3 Compliance

12.2 Contract Effort Required

12.2.1 Productive Hours

note the Post Exhibit is for estimating purposes only.

12.2.2 Reserve Forces

12.2.3 Emergency Security Services (ESS)

12.2.4 Temporary Additional Service (TAS)

12.2.5 PSO Supervision

The Contractor shall maintain no less than the amount of supervision described in the Management Approach aspect of their proposal.

12.2.6 Incident Reporting

12.2.7 Open Post

13 Government-Provided Equipment

13.1 General Information

13.2 Use of Government–Provided Equipment

13.3 Accountability of Government Equipment

13.4 Safeguarding Government Equipment

13.5 DHS HSPD-12 Personal Identity Verification (PIV) Cards

(Note: a request for a new PIV Card can be requested 90-days prior to the card expiration date)

(Note: a CIW for name change must be filed prior to the request)

Note: Incident Report (FPS 3155) must be filed prior to the request and the Case # provided.)

The PK Certificates shall be updated 30-days prior to the expiration date; three (3) years after the PIV Card issuance date.

13.6 NWDTP Equipment

14 Contractor-Provided Equipment

14.1 General Information

14.2 Communications Equipment

14.3 Vehicles

14.4 Firearms, Ammunition, and Intermediate Weapons

14.5 Personal Protective Equipment (PPE)

14.6 Uniforms and Grooming

14.7 Supplementary Equipment

14.8 PTS Computer/Tablet/Kiosk Devices

15 Quality Control, Quality Assurance and Performance Evaluations

15.1 Quality Control

15.2 Quality Assurance

16 Exhibits and Attachments List

Exhibit Title Section Reference

Attachment Title Section Reference

17 Deliverables

Item Description Due on or by Section Reference

Attachment AA

Attachment AB

Exhibit 1 List of Required Forms

Item Form Number Title Section Reference

Federal Protective Service

CONTRACTOR INFORMATION WORKSHEET (CIW)

Request Type: Please select the type of request Date (MM/DD/YYYY) New Request

Periodic Re-Investigation Position Change Name Change

Contract Change Dual Contract

Separation Reason For Separation: Select Reason

Section I: Requesting Official/Organization

Contracting Officer Representative (COR) (1)

Name (Last, First) Region Select Region

Phone Email

Prime Contractor POC (1)

Name (Last, First MI)

Phone Email

Prime Company (1) Company Name Contract Number

Section II: Individual to be Screened

Full Name (1) Last First Middle

Position Title (1)

Social Security Number (1) Date of Birth(MM/DD/YYYY)

Place of Birth City State Country (if not US)

E-Mail Address

Daytime Phone Number

Section III: For UNCLASSIFIED CONTRACTS, Position Designation

Low Risk Moderate Risk (5N) High Risk (6N)

Section IV: For CLASSIFIED CONTRACTS ONLY, Position Security Clearance Requirement

Secret Top Secret

*For FPS reference only. Clearance adjudications must be facilitated by the contractor’s FSO and adjudicated by Defense Security Services.

**When available, a Visitor Authorization Request (VAR) letter must be submitted with the CIW.

Privacy Act Information Authority: 5 U.S.C. § 301; 44 U.S.C. § 3101; Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135; Executive Order (EO) 9397; EO 10450; EO 12968;

and 5 CFR Part 731 authorize the collection of this information.

Purpose: The primary purpose of this collection is to facilitate the screening of an individual for a contractor position to perform services for the Federal government.

Routine Uses: The information collected may be disclosed as generally permitted under 5 U.S.C. § 552a (b) of the Privacy Act of 1974, as amended. This includes using the information as necessary and authorized by the routine uses published in DHS/ALL-023 - Department of Homeland Security Personnel Security Management, 75 FR8088 (February 23, 2010).

Disclosure: Participation is voluntary; however, failure to provide this information may delay the individual from being able to perform services for the Federal Government.

(1) Denotes fields required for completing an Exit Request.

FPS CIW V4. FEB 2015

General

Instructions – Completing the Contractor Information Worksheet

Section – Request Type

New Request Position Change Contract Change Periodic Re-Investigation

Name Change o

Dual Contractor Separation o

Section I – Requesting Official/Organization

Requesting Official

Section II – Individual to be screened

Section III – Position Designation

Section IV – Position Security Clearance Requirement

Electronic Transmittal of the CIW

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Exhibit 3

NON-DISCLOSURE AGREEMENT

I, , an individual official, employee, consultant, or subcontractor of or to (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this

Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

(Signer will acknowledge the category or categories of information that he or she may have access to, and the signer's willingness to comply with the standards for protection by placing his or her initials in front of the applicable category or categories.)

I attest that I am familiar with, and I will comply with all requirements of the PCII program set out in the Critical Infrastructure Information Act of 2002 (CII Act) (Title II, Subtitle B, of the Homeland Security Act of 2002, Public Law 107-296, 196 Stat. 2135, 6 USC 101 et seq.), as amended, the implementing regulations thereto (6 CFR Part 29), as amended, and the applicable PCII Procedures Manual, as amended, and with any such requirements that may be officially communicated to me by the PCII Program Manager or the PCII Program Manager's designee.

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of SSI information as cited in this Agreement and in accordance with 49 CFR Part 1520, "Protection of Sensitive Security Information," "Policies and Procedures for Safeguarding and Control of SSI," as amended, and any supplementary guidance issued by an authorized official of the Department of Homeland Security.

As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information, not otherwise indicated above, which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, 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 or foreign policy. This includes information categorized by DHS or other government agencies as: For Official Use Only (FOUO); Official Use Only (OUO); Sensitive Homeland Security Information (SHSI); Limited Official Use (LOU); Law Enforcement Sensitive (LES);

Safeguarding Information (SGI); Unclassified Controlled Nuclear Information (UCNI); and any other identifier used by other government agencies to categorize information as sensitive but unclassified.

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the guidance provided to me relative to the specific category of information.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.

2. By being granted conditional access to the information indicated above, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

3. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

DHS Form 11000-6 (08-04) Page 1

Initials: Protected Critical Infrastructure Information (PCII)

Initials: Sensitive Security Information (SSI)

Initials: Other Sensitive but Unclassified (SBU)

4. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. (a) For PCII - (1) Upon the completion of my engagement as an employee, consultant, or subcontractor under the contract, or the completion of my work on the PCII Program, whichever occurs first, I will surrender promptly to the PCII Program Manager or his designee, or to the appropriate PCII officer, PCII of any type whatsoever that is in my possession.

(2) If the Authorized Entity is a United States Government contractor performing services in support of the PCII Program, I will not request, obtain, maintain, or use PCII unless the PCII Program Manager or Program Manager's designee has first made in writing, with respect to the contractor, the certification as provided for in Section 29.8(c) of the implementing regulations to the CII Act, asamended.

(b) For SSI and SBU - I hereby agree that material which I have in my possession and containing information covered by this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information. I agree that I shall return all information to which I have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support to DHS; and/or 3) upon the determination that my official duties do not require further access to such information.

6. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, in the case of SSI or SBU, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information or, in the case of PCII, unless such alteration or removal is authorized by the PCII Program Manager or the PCII Program Manager's designee. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as theoriginal.

7. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation, I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

8. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information, to include classified national security information.

9. (a) With respect to SSI and SBU, I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent with the terms of this Agreement.

(b) With respect to PCII I hereby assign to the entity owning the PCII and the United States Government, all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of PCII not consistent with the terms of this Agreement.

10. This Agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government or the Authorized Entity. By granting me conditional access to information in this context, the United States Government and, with respect to PCII, the Authorized Entity, may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

DHS Form 11000-6 (08-04) Page 2

NON-DISCLOSURE AGREEMENT

WITNESS:

Exhibit 4

DISCLOSURE AND AUTHORIZATION

PERTAINING TO CONSUMER REPORTS

PURSUANT TO THE FAIR CREDIT REPORTING ACT

This is a release for the Department of Homeland Security to obtain one or more consumer/credit reports about you in connection with your application for employment or in the course of your employment with the Department. One or more reports about you may be obtained for employment purposes, including evaluating your fitness for employment, promotion, reassignment, retention, or access to classified information and/or sensitive, but unclassified information.

I, , hereby authorized the Department of Homeland Security to obtain such report(s) from any consumer/credit reporting agency for employment purposes. Copies of this authorization that show my signature are as valid as the original signed by me.

Signature

Date

Social Security Number

Current Organization Assigned

The Privacy Act, 5 U.S.C. 552a, requires that federal agencies inform individuals, at the time information is solicited from them, whether the disclosure is mandatory or voluntary, by what authority such information is solicited, and what uses will be made of the information. You are hereby advised that authority for soliciting your Social Security Number (SSN) is Executive Order 9397. Your SSN will be used to identify you precisely when it is necessary to conduct and/or obtain a credit report on you. Although the disclosure of your SSN is not mandatory, your failure to do so may impede the acquisition of a credit report concerning you and possibly result in the denial of your being approved for access to classified and/or sensitive, but unclassified information.

DHS Form 11000-9 (10/08)

Lautenberg Amendment Certification (Exhibit 5)

FACT SHEET

On September 30, 1996, Title 18, United States Code, Section 922 (g)(9), was signed into law. This legislation makes it illegal for anyone who has been convicted of a misdemeanor crime of domestic violence to possess, receive, ship or transport any firearm or ammunition. This law applies without exception to any person who has ever been convicted of a misdemeanor crime of domestic violence within the meaning of the statute. The inability of an individual to lawfully possess a firearm disqualifies that person from any position authorizing firearm privileges.

The position for which you have applied authorizes firearm privileges. Therefore, in order to determine your qualifications for this position, you must complete a certification form. Please carefully review the statute and all of the following information before responding to the inquiry.

QUALIFICATION INQUIRY – Prospective New FPS LEO

For new applicants, you must complete the Lautenberg Certification Form and return it following instructions provided. In completing the form, you are advised that:

The purpose is to obtain information regarding your qualification to possess or receive firearms or ammunition.

You must complete and return the form in a timely manner to receive consideration for the position to which you are applying. If you fail to complete and/or return the form in a timely manner you will automatically be deemed not qualified.

REQUALIFICATION INQUIRY – Current FPS LEOs Current FPS LEOs must complete the Lautenberg Certification Form annually, when provided by your supervisor at the time of their performance review.

THE LAW

The Lautenberg Amendment to Title 18, U.S.C., Section 922 (g) provides:

(g) It shall be unlawful for any person –

(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

As defined in 18 U.S.C. Section 921 (a)(33), a “misdemeanor crime of domestic violence” means an offense that:

(i) is a misdemeanor under Federal or State law; and

(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian or by a person similarly situated to a spouse, parent, or guardian of the victim.

Section 921(a)(33) further provides:

(B)(i) A person shall not be considered to have been convicted of such an offense for purpose of this chapter, unless—

(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried either:

(aa) the case was tried by a jury, or

(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

(B)(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

15.1.4.2-A

Exhibit 5a Lautenberg Amendment Certification

CONTRACTOR EMPLOYEE INFORMATION

Name Last First Middle

Contractor Contract #

PART I: INQUIRY Yes No Initial Date

Have you ever been convicted of a misdemeanor crime of domestic violence within the meaning of the statute?

If you answered “No”, skip to PART II of the form. If you answered “Yes”, review the attached information on the Lautenberg Amendment and then provide the information requested below and complete PART II of the form.

Court/Jurisdiction

Docket/Case Number

Statute/Charge

Date Sentenced

PART II: CERTIFICATION

I hereby certify that, to the best of my knowledge and belief, all of the information provided by me is true, correct, and complete, and made in good faith. I understand that a false statement on any part of this inquiry may be grounds for not hiring me or for firing me after I begin work. False or fraudulent information provided herein is also criminally punishable pursuant to federal law, including 18 U.S.C. 1001.

Signature

Date Social Security Number

Privacy Statement

Authority and Purpose: FPS is collecting this information to assess your eligibility to possess or receive firearms or ammunition as an FPS law enforcement officer. Collection of this information is necessary to ensure FPS complies with 18 U.S.C. § 922(g)(9), which prohibits individuals convicted in any court of a misdemeanor crime of domestic violence from possessing a firearm or ammunition that has been shipped or transported in interstate or foreign commerce. The last four digits of your Social Security Number are requested in order to identify you and ensure that this form is maintained in the correct personnel file. The authority for collection of this information is 18 U.S.C. § 922.

Disclosure: Furnishing this information is mandatory. For current law enforcement officers, failure to provide this information will result in loss of eligibility to carry a firearm and may result in disciplinary action up to and including removal from a law enforcement officer position.

Routine Uses: This information will be used within FPS to confirm that current law enforcement officers are not b

15.1.4.2-A

CONTRACTOR EMPLOYEE INFORMATION

Name

Last First Middle

Contractor Contract #

Responding to an Active Shooter Situation

A. Active Shooter - An Active Shooter is an individual actively engaged in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms(s) and there is no pattern or method to their selection of victims. Active shooter situations are unpredictable and evolve quickly. Typically, the immediate deployment of law enforcement is required to stop the shooting and mitigate harm to victim

B. PSO Active Shooter Response - The PSO duty book and/or post orders provide specific procedures for responding to an Active Shooter situation. PSOs will not serve as part of the Tactical Contact or Rescue team and will comply with all direction given by the Unified Response Force or the appropriate Federal or State law enforcement authority.

C. PSO Actions

1. Immediately notify the MegaCenter of an active shooter situation.

2. Follow the emergency notification instructions in post orders.

3. Relay the following information, if known:

a. Suspect location

b. Suspect description

c. Weapons used/carried

d. Description of any device carried or used

e. Suspect direction of travel

f. Number and location of casualties and assistance needed Number of friendly by-standers secured at your location.

4. PSO will maintain assigned posts as long as it is tactically feasible to do so.

5. Direct the building occupants in accordance with the Occupant Emergency Plan.

6. Secure all entrances.

7. PSO will defend self and others as necessary in compliance with their contractually required use of force training.

8. If the shooter is outside, do not let the tenants and visitors go outside of the facility.

9. Stay out of the view of the doors and windows.

10. Turn off the lights and close the shades/ curtains, if possible.

11. Stay put until you receive the “ALL CLEAR” signal from recognized law enforcement.

12. Do not impede law enforcement personnel and follow their directions accordingly.

PSO CERTIFICATION

I hereby certify that I have read the above situational awareness information and understand my roles and responsibilities during an active threat situation. I also understand that if I required clarification of my active threat responsibilities that I will contact my supervisor, company instructor, or an FPS Inspector.

Printed

Signature

Date

PSO ID (last four SSN)

Exhibit 6 List of Required Training and Certifications

Item Training/Qualification Frequency Provider Section Reference

1. Basic Training

, but under no circumstances shall the Instructor provide less than 36 hours of training

Subject Hours Scope

1. Basic Training (cont.)

2. Refresher Training

, but under no circumstances shall the Instructor provide less than hours of training

3. Weapons Training

(NOTE: This segment does not include fundamentals or and firearms qualification.)

Intermediate Weapons

a. Firearm Qualification Course (Handgun)

Firearm:

Ammunition:

Target:

Course of Fire:

Marksmanship Ratings: 220-230 = Marksman; 231-240 = Sharpshooter; 241-249 = Expert;

250 = Distinguished Expert

COURSE OF FIRE {HANDGUN}

STAGE DISTANCE ROUNDS POSITION DESCRIPTION

a. Firearm Qualification Course Handgun (cont.)

COURSE OF FIRE {HANDGUN}

STAGE DISTANCE ROUNDS POSITION DESCRIPTION

b. Firearm Qualification Course Shotgun

Firearm:

(Note: A specific post requirement must exist for PSOs to be armed with a shotgun.)

Ammunition:

Target:

Course of Fire:

NOTE: Low Ready Position - Butt plate held against shoulder with muzzle pointed down at a 45-degree angle.

COURSE OF FIRE {SHOTGUN}

STAGE DISTANCE ROUNDS POSITION DESCRIPTION

Note: Total of five rifled slugs will be fired with a minimum of four rifled slugs required to be in the four rings or higher at twenty-five yards.

NOTE: Prior to firing Stage 3, Instructors must ensure impact area is clear of obstructions (i.e., rocks, lead buildup, etc.)

that might cause pellets to ricochet.

b. Firearm Qualification Course Shotgun (cont.)

4. NATIONAL WEAPONS DETECTION TRAINING PROGRAM (NWDTP)

a. X-RAY SCREENING (INITIAL) TRAINING – 16 HOURS

X-ray Screening (Initial) Training - 16 Hours Total

Written Examination and Practical Demonstration Requirements

4. NATIONAL WEAPONS DETECTION TRAINING PROGRAM (NWDTP) cont.

b. NON X-RAY SCREENING (INITIAL) – 8 HOURS

Non X-ray Screening (Initial) Training – 8 Hours Total

Written Examination and Practical Demonstration Requirements

4. WEAPONS DETECTION TRAINING PROGRAM (NWDTP) cont.

c. X-RAY and NON-X-RAY SCREENING Recertification

Instructor Last Name

Date of

OJT

Persons Trained

Time Spent

Building Number

City State Region Company

FPS Region # Date

(MM/DD/YY)

Time of Test (24hr)

Building Number

Building Address

Post Number Post Type Describe Post Location

PSO Name:

Last First Middle Initial Last 4 SSN Company Name Contract #

TEST RESULT (select one) Pass Fail Incomplete

Test Description:

Comments and Recommendations:

Trainer/Tester Initial

Continuation:

Description of Mitigating Action(s) Taken by Contractor (if fail)

Printed Name of Trainer/Tester Signature of Trainer/Tester Date With this signature I certify that all information is correct to the best of my knowledge. I understand that intentionally providing false or misleading information to the Government may be grounds for permanent removal from all U.S. Government contracts.

Exhibit 8 Contractor-Provided Training

Annual IRS Security Awareness Training

1. Annual IRS Security Awareness Training

IRS course descriptions and estimated completion time.

Subject Hours Description

Privacy, Information Protection and Disclosure

Records Management

Introduction to Unauthorized Access (UNAX) briefing for IRS Contractors Contractor’s UNAX Certification Form Contractor Security Awareness Training (SAT) Certification Form

Part I—Contractor/COR Information

Part 2—I certify that I have completed one or more of the following mandatory awareness briefings as indicated by the date or checking N/A, in the appropriate box, and understand the responsibilities required of my specific job function as explained in the briefing(s).

SAT Training Date Training Completed N/A

Part 3—I am providing signature for completion of SAT for the current training year, and will forward this document to the COR/Manager/Vendor POC (as identified by the COR). The COR will verify for completion and compliance prior to it being entered in IRS SAT training systems.

(Digital signature acceptable)

(Digital signature acceptable)

FOR CONTRACTOR SECURITY MANAGEMENT (CSM) USE ONLY

Criminal/Civil Sanctions

Part I—Contractor/COR Information

Part 2—I certify that I have completed one or more of the following mandatory awareness briefings as indicated by the date or checking N/A, in the appropriate box, and understand the responsibilities required of my specific job function as explained in the briefing(s).

SAT Training Date Training Completed N/A

Part 3—I am providing signature for completion of SAT for the current training year, and will forward this document to the COR/Manager/Vendor POC (as identified by the COR). The COR will verify for completion and compliance prior to it being entered in IRS SAT training systems.

(Digital signature acceptable)

(Digital signature acceptable)

FOR CONTRACTOR SECURITY MANAGEMENT (CSM) USE ONLY

Criminal/Civil Sanctions

Certification of Annual UNAX Awareness Briefing (Exhibit )

Part 1 — OPF Copy publish.no.irs.govForm 11370 (Rev. 6-2018) Catalog Number 24947Y Department of the Treasury - Internal Revenue Service

I, Employee/Contractor name (last, first, M.I.) (print/type only) Last four digits of SSN

UNAX

(Year) have completed the annual UNAX awareness briefing regarding the statutory rules governing and the IRS' policy on unauthorized access and inspection of taxpayer records-referred to as UNAX.

As an IRS employee/contractor, I have been informed that,

1. Under law, I may only access or inspect tax returns and return information for an IRS business purpose, and that

2. The willful unauthorized access or inspection of tax returns and return information can result in severe penalties, including:

• Imprisonment of up to one year,

• A fine of up to $1,000,

• Dismissal from employment/removal from the contract and

• The costs of prosecution.

I have been notified that if I have any questions or concerns as to whether any access or inspection is authorized, it is my responsibility to consult with my immediate supervisor/COTR for guidance, and that I am to notify my immediate supervisor/COTR of any inadvertent access or inspection that may occur while performing my business responsibilities.

Check the appropriate box

Employee Contractor

Method of completion (check the appropriate box)

E-Learning Power Point Talking Points Manager/Trainer

Signature of employee/contractor Date signed

Business Unit (employees only) Post of Duty (employees only) Contract number (contractors only)

As the supervisor of the above employee/contractor, I certify that this employee/contractor received the Annual UNAX Awareness Briefing on the date noted above.

Supervisor name (print/type only) Telephone number

Signature of Supervisor Date signed

This form should be signed by the employee/contractor and supervisor with the employee/contractor retaining their copy (Part 2) and the supervisor forwarding the Official Copy (Part 1) to the UNAX Point-of-Contact/Contractor Security Lifecycle Program (CSLP) within five (5) workdays of the completion of certification. The UNAX Point-of-Contact or CSLP will forward the Official Copy for employees to the designated location to be filed. CSLP will file the Official copy for contractors. The Official Copy must have the original signatures for the employee/contractor and the supervisor.

Privacy Act Notice

Part 1 — OPF Copy publish.no.irs.govForm 11370 (Rev. 6-2018) Catalog Number 24947Y Department of the Treasury - Internal Revenue Service

The Privacy Act of 1974 requires that when we ask individuals for information, we tell them our legal right to ask for the information, why we are asking for it and how it will be used. We must also state what could happen if we do not receive it, and whether their providing the information is voluntary, required to obtain a benefit, or mandatory.

Our legal right to ask you to acknowledge receipt of the Annual UNAX Awareness Briefing and associated documents is 5 U.S.C. 301, which authorizes heads of agencies to prescribe rules governing their agencies, the performance of their business, and the conduct of their employees. Executive Order 9397 directs agencies to use Social Security numbers (SSNs) when establishing numbering schemes such as ones developed to properly identify their employees. We are asking for the last four digits of your SSN to ensure that the Acknowledgment of Receipt you sign will be placed in your Official Personnel File (OPF)/CSLP File and no other. We are asking that you acknowledge receipt of this briefing to ensure that you have been informed as to the laws as well as IRS' policy about unauthorized access to, or unauthorized inspection of, tax returns and return information.

This acknowledgment may be used in administrative or judicial proceedings effecting employees' personnel rights, and in any criminal prosecutions for willful unauthorized access to, or willful unauthorized inspection of, tax information. This acknowledgment may also be provided to the Department of Justice for the purpose of litigating any civil administrative or judicial proceeding or criminal prosecution (including the presentation of evidence, disclosures to opposing counsel or witnesses, in discovery, or in settlement negotiations, or in response to a subpoena) where the United States, the IRS or its employees (in their official capacities or where the government has decided to represent them) are parties; and to provide information to congressional offices in response to inquiries made at the request of the individuals to whom the information pertains. The complete listing of possible recipients of this Acknowledgment may be found under the heading "Routine Uses" in the Federal Register notice of the system of records in which it will be kept: the Official Personnel Folder: 60 FR 56804-56805 (Nov 9, 1995).

Disclosure of the information requested in acknowledging receipt of the Annual UNAX Awareness Briefing is mandatory. Failure to provide the information or to provide accurate or complete information may subject you to disciplinary and/or adverse action. Failure to provide the last four digits of your SSN may result in misidentification and misfiling of the acknowledgement form.

Certification of Annual UNAX Awareness Briefing (Exhibit )

Part 2 — Employee Copy

Form 11370 (Rev. 6-2018) Catalog Number 24947Y publish.no.irs.gov Department of the Treasury - Internal Revenue Service

I, Employee/Contractor name (last, first, M.I.) (print/type only) Last four digits of SSN

UNAX

(Year) have completed the annual UNAX awareness briefing regarding the statutory rules governing and the IRS' policy on unauthorized access and inspection of taxpayer records-referred to as UNAX.

As an IRS employee/contractor, I have been informed that,

1. Under law, I may only access or inspect tax returns and return information for an IRS business purpose, and that

2. The willful unauthorized access or inspection of tax returns and return information can result in severe penalties, including:

• Imprisonment of up to one year,

• A fine of up to $1,000,

• Dismissal from employment/removal from the contract and

• The costs of prosecution.

I have been notified that if I have any questions or concerns as to whether any access or inspection is authorized, it is my responsibility to consult with my immediate supervisor/COTR for guidance, and that I am to notify my immediate supervisor/COTR of any inadvertent access or inspection that may occur while performing my business responsibilities.

Check the appropriate box

Employee Contractor

Method of completion (check the appropriate box)

E-Learning Power Point Talking Points Manager/Trainer

Signature of employee/contractor Date signed

Business Unit (employees only) Post of Duty (employees only) Contract number (contractors only)

As the supervisor of the above employee/contractor, I certify that this employee/contractor received the Annual UNAX Awareness Briefing on the date noted above.

Supervisor name (print/type only) Telephone number

Signature of Supervisor Date signed

This form should be signed by the employee/contractor and supervisor with the employee/contractor retaining their copy (Part 2) and the supervisor forwarding the Official Copy (Part 1) to the UNAX Point-of-Contact/Contractor Security Lifecycle Program (CSLP) within five (5) workdays of the completion of certification. The UNAX Point-of-Contact or CSLP will forward the Official Copy for employees to the designated location to be filed. CSLP will file the Official copy for contractors.