SOW.docx

Department of Homeland Security

US Customs and Border Protection

STANDARD

STATEMENT of WORK For Grounds Maintenance and Snow Removal

Location:

Swanton Border Patrol Station 104 Raven Drive, Highgate Center, VT 05459

Statement of Work TABLE OF CONTENTS

Page

Attachment A – Worksite Specification Statement Attachment B – Task and Frequency Chart – Land and Grounds Maintenance

Pg. 10 of 18

1.0 INTRODUCTION

This Statement of Work (SOW) is intended to support the facility services at U.S. Custom and Border Protection (CBP) sites. All service work shall be performed on CBP properties as specified by Building Entity (BE). Typical service work will be performed within a 5 to 7 day week observed by the building occupants, unless changes are specifically approved by the Contracting Officer’s Representative (COR) or Government Authorized Representative. Site descriptions for Building Entity (BE) are located on the “Worksite Specification Statement” document as Attachment A. The Contractor agrees that the “Task and Frequency Chart” attached to this document as Attachment B and completed by a Government Authorized Representative or COR will act as, but not be limited to, the minimum tasks and frequencies to be performed by the Contractor.

2.0 GENERAL REQUIREMENTS

All work shall be performed as specified at the U.S. Customs and Border Protection (CBP) Building Entity (BE) Site defined in Section 3.3 below. Custodial services will be performed within the normal five to seven-day week observed by the building occupants, unless changes are specifically approved by the Contracting Officer's Representative (COR) or Government Authorized Representative.

No work shall be performed when the government has no work force on duty available for the inspection of the contractor's work unless prior approval of the Government Authorized Representative is obtained. Heavy duty cleaning shall be completed after the normal working hours of the building occupants. Heavy duty cleaning is defined as any custodial cleaning work that will negatively impact the production of a work group.

3.0 SCOPE

The Contractor shall provide all management, supervision, labor, transportation, supplies, and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure a clean, neat and professional appearance at the CBP site. The Contractor shall provide custodial and related services in accordance with the requirements of this SOW.

The “Task and Frequency” Chart for this property is set forth in Attachment B of this SOW.

4.0 DESCRIPTION OF TASKS AND DELIVERABLES

The Contract Services Guidelines for the Contractor are given below, but may not be limited to just those items listed. Questions should be addressed to the Government Authorized Representative.

4.1 Land and Grounds Maintenance

NOTE: Because of varying, uncontrollable, weather conditions affecting growth of vegetation work requirement frequencies specified in this section only define normal requirements. The Contractor is expected to maintain the grounds in a manner that will present a well-groomed appearance throughout the year.

The Contractor will sign in or provide notice upon arrival to the Government Authorized Representative and review the completed work with the Government Authorized Representative for visual approval before signing out.

4.1.1 Perform Grounds Cleaning The Contractor shall clean grounds, landscape beds, driveways, parking areas, indoor parking areas, and sidewalks, so that after cleaning they are free of paper, trash, bottles and other discarded material. The Contractor shall remove empty boxes, and remove cans from the premises. Outdoor parking areas shall be hosed down with water to remove caked mud and dirt.

4.1.2 Grass Mowing Grass shall not be cut while wet from heavy dew or rainfall, unless the job is specifically ordered by the Government Authorized Representative. The Contractor shall mow all lawn areas on the property such that a uniform grass height between 1½” to 3" is maintained at all times. The uniform grass height can be altered by the Government Authorized Representative for each facility. All grass shall present a well-groomed appearance at all times. Where practical, each successive mowing will be in different directions, at approximately right angles to the direction of the previous mowing. The cutting edges of all mowing equipment used will be kept in sharp condition. Bruising (grass blade ends turn brown) or rough cutting of grass will not be acceptable. Mowers shall be of a type that causes clippings to be distributed evenly over the cut area. If the mowers used cause the grass to windrow, the windrowed grass shall be removed and hauled away from Government property to prevent thatch buildup. Aeration needs will be determined by the Government Authorized Representative.

4.1.3 Mowing of Non-landscaped Areas The Contractor shall mow all non-landscaped (wild grass/weeds) areas including retaining water ponds at regular intervals during the year such that the wild grass does not exceed a height of three to six inches. The local Government Authorized Representative will define the maximum height per individual area. Grass cuttings of these areas will not be left in random piles or other unsightly conditions.

4.1.4 Grass Edging Grass adjacent to asphalt or concrete walks or driveways shall be trimmed and present a neat appearance. The contractor shall trim grass so as to maintain a growth free area between 1" and 1½” away from obstacles such as buildings, curbs, walkways, flagpoles, signs, parking lots, and fences. The Contractor is to remove the roots of all weeds so as to maintain a 12" diameter growth free area around trunks of all trees and shrubs. Edging is to be done without the use of chemicals.

4.1.5 Shrubbery Trimming All shrubs and hedges shall be maintained without the use of chemicals. Shrubs and hedges will be trimmed in a box fashion before new growth exceeds five inches. Warranted landscape materials that are dead or dying will be replaced within 30 days of identification at the Contractors expense if he supplied and planted them, and unit replacement pricing for non-warranted material replacements of dead or dying landscaping will be given to the Government Authorized Representative for approval prior to replacement of the material.

4.1.6 Weed Control Weeds on building grounds shall be controlled and eliminated in order to present a neat, well-maintained appearance at all times. The Contractor shall maintain all landscaped areas (lawn and flowerbeds) weed-free without the use of chemicals. At the discretion of the Government Authorized Representative, where ongoing weed problems occur, safe chemicals approved for public use, or available off the self in stores, can be applied. If applicable, SDS sheets must be presented to the Government Authorized Representative prior to the application.

4.1.7 Fertilizing The Contractor shall spread fertilizer over landscaped areas so that the fertilizer covers the area evenly. Lawn areas shall have a healthy green color and appearance. The contactor shall provide equipment to spread fertilizer. The areas where fertilizer has been spread shall be watered to a depth of 1" after applying fertilizer.

4.1.8 Watering The Contractor shall water shrubs, flowerbeds, hedges, and trees. Watering shall be accomplished so that all landscaped areas are watered as needed per the specific plant needs and weather conditions, during the growing season. The Government shall provide hoses and sprinklers.

4.1.9 Rake and Remove Leaves Fence areas, shrub beds, flowerbeds, turf areas, sidewalks, drains, roadways and other surfaces shall be maintained free of leaves.

4.1.10 Parking Lots, and Driveways The Contractor shall sweep all asphalt and concrete parking lots and driveways, so that they are free of gravel, mud, weeds, leaves, rocks and other debris. Air blowers can be used to assist with the sweeping as long as all remaining loose unsightly debris is removed before the Contractor departs. Weeds growing in cracks shall be eliminated by the use of a safe chemical agent with the SDS information for it provided by the Contractor to the Government Authorized Representative. Oil spills shall be cleaned four times per year, using an oil absorbent compound or Government Authorized Representative approved alternate material provided by the Contractor. The compound shall not be left on the lot overnight or unsupervised with children or pets in the area. The Contractor shall take full responsibility for the proper disposal of the contaminated materials. The driveway or parking lot shall be free of oil or stains that can be tracked onto the sidewalk or into the building. Gravel driveways and lots shall be kept weed and debris free. Areas being cleaned shall be marked off with Contractor provided traffic cones.

4.2 Snow Removal

The guidelines outlined in this document DO NOT in any way supersede the CBP Emergency Procedures Manual, but provide supplemental guidance for site security, and achieving the maximum vehicle and pedestrian safety relative to snow and ice conditions on this property.

NOTE: The Contractor will sign in or provide notice upon arrival to the Government Authorized Representative and review the completed work with the Government Authorized Representative for visual approval before signing out.

4.2.1 General Requirements The Contractor will take full responsibility for plowing, removal of snow and ice, salting and sanding as needed in order to have pavement bare as the weather will permit, and all hazardous conditions are eliminated. The Contractor must have the equipment necessary to perform the task and provide a satisfactory record of performance.

Contractor will meet with the Government Authorized Representative to develop and submit an annual snow removal plan tailored for the site to include snow piling points or storage areas, priority areas for clearing, etc.

The contractor will notify the Government Authorized Representative when they arrive on site to begin the snow removal process and will review the completed work with the Government Authorized Representative for visual approval before leaving the property.

4.2.2 Priority of Service The CBP property will be listed as the Highest Priority property, other than hospitals and emergency routes, on the Contractor’s snow removal commitment list. Performance shall begin automatically and immediately without request or call from the government, when local snow accumulations reach two (2) inches. Snow and ice shall be removed prior to building occupants reporting for work.

4.2.3 Snow Removal Service The contractor shall perform snow removal when snow accumulations reaches two (2) inches or more on a level surface, or as directed by the Government Authorized Representative. Ice or other hazardous conditions shall be treated with approved materials only. The contractor shall perform snow removal services during a continuous snowfall unless directed not to do so by the Government Authorized Representative. Safety for the employees and public will determine the need for specific additional services, those services must be approved by the Government Authorized Representative prior to their execution.

The Contractor shall be responsible for monitoring snow and ice conditions and responding with the appropriate manpower and equipment to ensure the areas are clear of ice and snow accumulations. With a snowfall deep enough to cause drifting or six (6) inches or more, areas shall be automatically plowed, blown and/or pushed before office hours to the extent necessary to provide essential pedestrian and vehicle traffic safety.

Chemicals and sand shall be used to reduce safety hazards due to ice and snow when requested. Safety Data Sheets (SDS) will be provided as applicable by the Contractor. Calcium Chloride or a Government Authorized Representative approved alternative is to be used on all concrete surfaces and concrete sidewalks. Rock salt or other acceptable methods, as approved by the Government Authorized Representative, can be used on nonconcrete surfaces.

Snow and ice shall be removed when time permits from all on-site catch basins to allow adequate run off of melting ice and snow. No snow or ice will be dumped on or near trees, shrubs, grass or flower beds. Snow and ice must be removed when there is insufficient space on the property to accommodate the piling of snow, or when it interferes with the operations or parking of the property. This snow must be removed and hauled off site by the Contractor to an appropriate snow dump area in compliance with City or County Ordinance.

The above work shall be performed in a manner so as not to encumber walkways, entrances, exits, or streets.

4.2.4 Service Areas Service areas include entrances, steps, landings, sidewalks, roadways, parking areas and any other hard surface areas subject to vehicle or pedestrian traffic. Snow shall be removed from fronts of garage doors. Hand shovel around bulk gasoline tanks, areas around the dumpster, and entrance and exit gates. The area around gasoline fuel stations will include bare concrete from the tank to the edge of the island slab. Areas around card swipe access points shall also be kept clear of snow to allow for full access by either a vehicle or a pedestrian, based on individual intended type of access. Areas underneath the travel path of vehicle gates shall be hand shoveled/swept and be kept free of snow and ice.

4.2.5 Cleaning The contractor shall remove all debris prior to beginning the work of snow removal. The area shall be policed for any remaining trash and debris and hauled away from Government property by the contractor.

After the last snowfall that required plowing, the Contractor shall remove all excess sand and rock that have accumulated on the sidewalks, driveways, and parking areas during the course of the winter. This excess material shall be removed from the site as needed so as not to accumulate on landscaped areas, or clog the site drainage systems.

4.2.6 Administrative A separate snow removal log shall be maintained by the Contractor to record actual hours expended on snow removal for each piece of equipment per location. A copy of the log will be given to the Government Authorized Representative at the end of services for each removal event.

The Contractor is responsible for the repair or replacement of any damage caused by the snow removal activities to include, but not limited to, lawn, landscaping, fencing, light poles, pavement, curbs, sidewalks, etc.

4.2.7 Equipment and Labor Requirements The Contractor shall furnish the necessary labor and supervision to clear snow and ice from the facility. The Contractor shall furnish trucks and equipment as required to complete the snow plowing or snow and ice removal process in a timely manner. The Contractor shall furnish with each separate piece of equipment capable licensed drivers in sufficient numbers to ensure they are operated safely and efficiently. The Contractor shall furnish relief drivers, when extended periods of work require it, in accordance with State and Federal laws.

The equipment, before being accepted for actual work, must be in proper mechanical condition, fully equipped as required for efficient operation, properly registered and insured in accordance with State Laws. The equipment must be equipped with accessories to meet the existing traffic and traction conditions.

5.0 SITE SPECIFIC OTHER ITEMS

This section can be used for unusual site-specific needs such as the cleaning of stables, under computer room raised floors, or exterior furnishings such as gazebos, etc.

6.0 SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES

6.1 Government Furnished Property

6.1.1 Electrical power at existing outlets for the Contractor to operate such equipment as is necessary in the conduct of his work.

6.1.2 Hot and cold water as necessary, limited to the normal water supply provided in the building. No special heating or cooling of the water will be provided.

6.1.3 Storage Space: At some locations, space in the building for the storage of supplies and equipment to be used in the completion of work under the contract will be provided. The Contractor shall maintain this space in a neat and orderly condition. No flammable or explosive liquids such as gasoline will be stored in the building. The Government will not be responsible for damage or loss to the Contractor's stored supplies or equipment.

6.2 Contractor Furnished Items

6.2.1 In performing the work hereunder, the Contractor shall obtain and maintain in effect all necessary permits and licenses required by Federal, State or Local government or subdivisions thereof, or of any other duly constituted public authority. Further, the Contractor shall obey and abide by all applicable laws and ordinances.

6.2.2 This contract calls for the Contractor to furnish all supervision, supplies, materials, transportation and equipment necessary for the completion of the work of this contract unless otherwise specified herein. Upon request of the Government Authorized Representative, the Contractor shall submit a list with the names of the manufacturer, the brand name, and intended use of each of the cleaning chemicals or agents intended for use in the completion of the work. Contractor must provide the SDS sheets for any chemicals, cleaners, etc. Paper towels, hand soap, and toilet tissue, etc., shall be of a type and style which will be compatible with dispensers already installed in the building.

6.2.3 The Contractor shall furnish and display caution signs to be used when cleaning floors where people other than contractor personnel are present before the floors are dry. All equipment shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, or building surfaces.

6.3 Conservation of Utilities

6.3.1 The Contractor shall instruct its employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions, as noted below, which preclude the waste of utilities.

6.3.2 Lights shall be used only in areas where and when work is being performed.

6.3.3 Workers shall not adjust mechanical equipment controls for heating, ventilation and air conditioning systems.

6.3.4 Water faucets or valves shall be turned off after the required usage has been accomplished.

6.3.5 Any malfunctioning faucets, electric outlets, switches, etc., are to be identified by location and presented to the Government Authorized Representative for follow up.

7.0 SUPERVISION - CONTRACTOR’S MANAGEMENT CONTACT

7.1 The Contractor shall be responsible for the supervision of his employees while performing under this contract. The Government Authorized Representative will perform periodic inspections in order to ensure compliance with requirements of this Contract, but will not attempt to supervise the Contractor’s employees.

7.2 The Contractor shall designate an English-speaking contact person/representative who shall be the point of contact on behalf of the Contractor. Whenever the Contractor has personnel at a property at least one member will be able to communicate with property personnel in English. The Contractor must provide the name(s), addresses, and phone numbers of persons representing the Contractor to the Government Authorized Representative five (5) days prior to beginning the work under this contract. The Contractor is required to have their representatives review the work being performed to ensure compliance with the terms and specifications of this contract. These inspection reviews shall be completed at least once per week throughout the duration of the contract. The representatives may also serve in a supervisory capacity if the Contractor so desires.

7.3 The Contractor’s representatives designated in writing by the Contractor shall have complete authority to act for the Contractor during the duration of this contract. The representatives shall be contacted by the Government Authorized Representative in the event of any problems or special circumstances.

8.0 OTHER CONTRACTOR CONSIDERATIONS

8.1 Loss of Equipment The Government cannot and shall not be held responsible for loss of tools, equipment, and materials sustained by the Contractor.

9.0 ACCIDENT REPORT PROCEDURES

In the event of an accident involving Government personnel or property, where the Government Authorized Representative perceived a lack of effective completion by the Contractor’s personnel was a factor, the Contractor shall submit a report within 1 workday after an accident to the Contracting Officer in letter form that will include the following: time and date of occurrence; the place of occurrence; a list of personnel directly involved; a narrative description of the accident that includes a chronological order of the accident and circumstances; and witnesses names and contact information.

10.0 USE OF PREMISES

10.1 The Contractor shall comply with all regulations and security requirements governing the operation of the premises, which are occupied, or the area in which the contract work is to be done.

10.2 The Contractor shall perform the contract in such a manner as to not interrupt of interfere with the conduct of Government business.

10.3 Contractor Employee Access (JUL 2023)

(a) Controlled Unclassified Information (CUI) is any information the Government creates or possesses, or an entity creates or possesses for or on behalf of the Government (other than classified information) that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls. This definition includes the following CUI categories and subcategories of information:

(1) Chemical-terrorism Vulnerability Information (CVI) as defined in 6 CFR part 27, “Chemical Facility Anti-Terrorism Standards,” and as further described in supplementary guidance issued by an authorized official of the Department of Homeland Security (including the Revised Procedural Manual “Safeguarding Information Designated as Chemical-Terrorism Vulnerability Information” dated September 2008);

(2) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (title XXII, subtitle B of the Homeland Security Act of 2002 as amended through Pub. L. 116-283), PCII's implementing regulations (6 CFR part 29), the PCII Program Procedures Manual, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security, the PCII Program Manager, or a PCII Program Manager Designee;

(3) Sensitive Security Information (SSI) as defined in 49 CFR part 1520, “Protection of Sensitive Security Information,” 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 designee), including Department of Homeland Security MD 11056.1, “Sensitive Security Information (SSI)” and, within the Transportation Security Administration, TSA MD 2810.1, “SSI Program”;

(4) Homeland Security Agreement Information means information the Department of Homeland Security receives pursuant to an agreement with State, local, Tribal, territorial, or private sector partners that is required to be protected by that agreement. The Department receives this information in furtherance of the missions of the Department, including, but not limited to, support of the Fusion Center Initiative and activities for cyber information sharing consistent with the Cybersecurity Information Sharing Act of 2015;

(5) Homeland Security Enforcement Information means unclassified information of a sensitive nature lawfully created, possessed, or transmitted by the Department of Homeland Security in furtherance of its immigration, customs, and other civil and criminal enforcement missions, the unauthorized disclosure of which could adversely impact the mission of the Department;

(6) International Agreement Information means information the Department of Homeland Security receives that is required to be protected by an information sharing agreement or arrangement with a foreign government, an international organization of governments or any element thereof, an international or foreign public or judicial body, or an international or foreign private or non-governmental organization;

(7) Information Systems Vulnerability Information (ISVI) means:

(i) Department of Homeland Security information technology (IT) systems data revealing infrastructure used for servers, desktops, and networks; applications name, version, and release; switching, router, and gateway information; interconnections and access methods; and mission or business use/need. Examples of ISVI are systems inventories and enterprise architecture models. Information pertaining to national security systems and eligible for classification under Executive Order 13526 will be classified as appropriate; and/or

(ii) Information regarding developing or current technology, the release of which could hinder the objectives of the Department, compromise a technological advantage or countermeasure, cause a denial of service, or provide an adversary with sufficient information to clone, counterfeit, or circumvent a process or system;

(8) Operations Security Information means Department of Homeland Security information that could be collected, analyzed, and exploited by a foreign adversary to identify intentions, capabilities, operations, and vulnerabilities that threaten operational security for the missions of the Department;

(9) Personnel Security Information means information that could result in physical risk to Department of Homeland Security personnel or other individuals whom the Department is responsible for protecting;

(10) Physical Security Information means reviews or reports illustrating or disclosing facility infrastructure or security vulnerabilities related to the protection of Federal buildings, grounds, or property. For example, threat assessments, system security plans, contingency plans, risk management plans, business impact analysis studies, and certification and accreditation documentation;

(11) Privacy Information includes both Personally Identifiable Information (PII) and Sensitive Personally Identifiable Information (SPII). PII refers to information that can be used to distinguish or trace an individual's identity, either alone, or when combined with other information that is linked or linkable to a specific individual; and SPII is a subset of PII that if lost, compromised, or disclosed without authorization could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. To determine whether information is PII, DHS will perform an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not PII can become PII whenever additional information becomes available, in any medium or from any source, that would make it possible to identify an individual. Certain data elements are particularly sensitive and may alone present an increased risk of harm to the individual.

(i) Examples of stand-alone PII that are particularly sensitive include: Social Security numbers (SSNs), driver's license or State identification numbers, Alien Registration Numbers (A-numbers), financial account numbers, and biometric identifiers.

(ii) Multiple pieces of information may present an increased risk of harm to the individual when combined, posing an increased risk of harm to the individual. SPII may also consist of any grouping of information that contains an individual's name or other unique identifier plus one or more of the following elements:

(A) Truncated SSN (such as last 4 digits);

(B) Date of birth (month, day, and year);

(C) Citizenship or immigration status;

(D) Ethnic or religious affiliation;

(E) Sexual orientation;

(F) Criminal history;

(G) Medical information; and

(H) System authentication information, such as mother's birth name, account passwords, or personal identification numbers (PINs).

(iii) Other PII that may present an increased risk of harm to the individual depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. The context includes the purpose for which the PII was collected, maintained, and used. This assessment is critical because the same information in different contexts can reveal additional information about the impacted individual.

(b) Information Resources means information and related resources, such as personnel, equipment, funds, and information technology.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted or subject to other investigations as required. All Contractor employees requiring recurring access to government facilities or access to CUI or information resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to CUI. The Contractor shall access and use CUI only for the purpose of furnishing advice or assistance directly to the Government in support of the Government's activities, and shall not disclose, orally or in writing, CUI for any other purpose to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized to access CUI, the Contractor shall ensure that these persons receive initial and refresher training concerning the protection and disclosure of CUI. Initial training shall be completed within 60 days of contract award and refresher training shall be completed every 2 years thereafter.

(f) The Contractor shall include this clause in all subcontracts at any tier where the subcontractor may have access to government facilities, CUI, or information resources.

Alternate I (JUL 2023) When the contract will require Contractor employees to have access to information resources, add the following paragraphs:

(g) Before receiving access to information resources under this contract, the individual must complete a security briefing; additional training for specific categories of CUI, if identified in the contract; and any nondisclosure agreement furnished by DHS. The Contracting Officer's Representative (COR) will arrange the security briefing and any additional training required for specific categories of CUI.

(h) The Contractor shall have access only to those areas of DHS information resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information resources not expressly authorized by the terms and conditions in this contract, or as approved in writing by the COR, are strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for DHS. It is not a right, a guarantee of access, a condition of the contract, or government-furnished equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management, or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department's Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

Alternate II (JUL 2023) When the Department has determined contract employee access to controlled unclassified information or Government facilities must be limited to U.S. citizens and lawful permanent residents, but the contract will not require access to information resources, add the following paragraphs:

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department's Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

11.0 LEGAL REQUIREMENTS, PERMITS, AND CODE COMPLIANCE

The Contractor shall obtain at his own expense, all necessary local, city, county and state licenses, permits, and shall conform to all laws, regulations, and ordinances and code requirements applicable to satisfactory completion of this contract. Full responsibility for compliance with this clause shall rest with the Contractor and the Government shall assume no liability for failure.

12.0 HAZARDOUS MATERIALS

Hazardous materials or waste, including, but not limited to, Bloodborne Pathogens, hazardous cleaning chemicals, and other dangerous materials will be properly disposed of by the Contractor and the chain of disposal given to the Government Authorized Representative prior to final invoicing.

13.0 PHYSICAL SECURITY

13.1 The Contractor shall establish and implement methods of ensuring that all keys, codes and proximity cards issued the Contractor by the Government are not lost, or misplaced, and not used by unauthorized persons. No keys, codes or proximity cards issued to the Contractor by the Government shall be duplicated.

13.2 The Contractor shall develop procedures covering key control that will be included in the Quality Control Plan (QCP-Section 20.0). The Contractor shall report loss of keys, access codes or cards immediately to the Contracting Officer's Government Authorized Representative. The QCP shall include the control procedures for Government provided key lock combinations.

13.3 It is the responsibility of the Contractor to prohibit the use of keys, codes and proximity cards issued by the Government by any person other than the Contractor's employees. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor's employees engaged in the completion of assigned work in those areas.

13.4 Prior to commencing work on the project, the Government shall furnish security badges to the

Contractor and the Contractor's employees, which must be worn at all times while on the government installation.

13.5 When any Contractor or subcontractor personnel enter the facility for the first time, the Contractor shall allow one hour for security processing and the fabrication of the building’s security badge or pass, as may be required by the Government Authorized Representative.

13.6 Security badges shall be subject to periodic review by the Government Authorized Representative. The Contractor's employees shall present themselves for the issuance of renewed badges when required by the Government as scheduled by the Government Authorized Representative.

13.7 The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the facilities.

13.8 The Contractor shall notify the Government Authorized Representative immediately when employee's badges or passes are lost and immediately apply for re-issuance of a replacement badge or pass.

13.9 It is the Contractor's responsibility to return all keys, badges, codes and proximity cards to the Government Authorized Representative or his designee when a Contractor employee is dismissed, terminated or assigned to duties not within the scope of this contract.

13.10 The Government reserves the right to set the conditions of access for contract personnel. Depending on security levels of designated offices, contract personnel may require a Government Officer escort.

14.0 PERSONNEL CONDUCT, SUPERVISION, TASK FREQUENCY SCHEDULES, MANAGER QUALIFICATIONS

14.1 The Contractor and his employees and any subcontractor shall become familiar with and obey all station regulations, including fire, traffic and security regulations. All contract employees must have attended an orientation conducted by the Government Authorized Representative (or his or her designee). The orientation will include an explanation of the occupant agency's function and may include a tour of the building/facility. It will also familiarize contract employees with key client agency personnel and areas of the building/facility requiring special attention. The Contractor's managers and supervisors shall be able to read, write, speak and understand English to the satisfaction of the Government Authorized Representative. All personnel shall keep within the limits of the work area and not enter any restricted areas unless required to do so and are cleared for such entry. The Contractor shall be responsible to the Government for acts and omissions of his own employees and of subcontractors and their employees.

14.2 The Department of Homeland Security has taken aliens from various nations into physical custody at some facilities pending the conclusion of immigration hearings, release on bonds, recognizance or supervision. The Contractor's employees must realize that the detainees are detained against their will and would seize any opportunity to escape. The Contractor's employees should not have contact with detainees. Contractor's employees shall not engage in conversation with detainees.

14.3 Contractor personnel shall present a neat appearance and be easily recognized. This shall be accomplished by wearing clothing bearing the name of the company.

14.4 Managers and supervisors shall be responsible for submitting the Contractor employees daily work schedules one week prior to the execution of the work.

14.5 The Contractor shall notify the Government Authorized Representative in writing the names of any employees no longer working on the project within one (1) workday after that employee is terminated or no longer expected to work under this contract. The Contractor must return all security badges, keys, access codes, and proximity cards issued by DHS to the Government Authorized Representative after an employee of the Contractor is no longer working on the project.

14.6 Qualifications of managers and supervisors. Managers and supervisors engaged in directing the work to be accomplished under this contract shall possess at least 2 years of recent experience (within the past 5 years), directing cleaning-type operations in a manager capacity for buildings of the approximate size of the building(s) to be cleaned under this contract. Competent management personnel shall be employed. The management personnel shall provide evidence of any supervisory training courses taken. At the discretion of the Contracting Officer, experience may be substituted for formal training. A detailed resume for managers and supervisors containing the information specified below must be submitted to the CO prior to award for evaluation. Management employees must provide the following information:

15.0 SURVEILLANCE BY CUSTOMER COMPLAINT

When a complaint is received, the Government Authorized Representative will investigate, validate the complaint, notify the Contractor of the defect and maintain a record of the complaint.

16.0 MODIFICATIONS, CHANGE ORDERS, DEVIATIONS

16.1 The Contracting Officer retains the sole right to issue modifications and change orders. In no event shall any understanding or agreement, contract modification, change orders or other matter in deviation from the terms of this contract, between the Contractor and a person other than the Contracting

Officer, be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

17.0 GENERAL INFORMATION

17.1 Contracting Officer Representative (COR) This will be the U.S. Customs and Border Protection technical contact person or Contracting Officer’s Technical Representative. The (COR) information will be provided upon award of the contract.

17.1.1 The Contracting Officer will designate the COR or Government Authorized Representative at time of contract award. The responsibilities of the Government Authorized Representative include, but are not limited to determining the adequacy of Contractor completion efforts in accordance with the conditions of this contract.

17.1.2 The Government Authorized Representative is responsible for the inspection and monitoring of the Contractor's work. The responsibilities of the Government Authorized Representative include, but are not limited to inspecting the work to ensure compliance with the contract requirements; documenting through written inspections reports conferring with representative of the contractor regarding any problems encountered in the successful execution of the work.

17.1.3 In addition to the above, the Government Authorized Representative will make a periodic walk through the building and other areas covered by this contract to ascertain the level of services being performed. The Contractor will be notified of any deficiencies noted.

18.0 DEFINITIONS:

As used throughout this contract, the following terms shall have the meaning set forth below.

ACO: Administrative Contracting Officer. As used in this quotation and the resulting contract means the Administrative Contracting Officer who is administering the contract on behalf of the United States is a Contracting Officer for the Department of Homeland Security. The ACO is a person with the authority to enter into contracts, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

AQL: Acceptable Quality Level- The allowable leeway from a standard that can occur before the Government will reject the specific service.

CONTRACT DISCREPANCY REPORT (CDR): A report, sent by the Government Authorized Representative to the Contractor, whereby the Contractor is required to complete when completion of a task is unsatisfactory. The CDR requires the Contractor to explain to the Government Authorized Representative, in writing within 5 calendar days, why the task wasn’t done in a satisfactory manner, how task completion shall be returned to satisfactory levels, and how recurrence of the problem shall be prevented in the future.

CONTRACTING OFFICER (CO): The U.S. Customs and Border Protection person for the Department of Homeland Security with the authority to enter into contracts, administer, and terminate contracts and make related determinations and findings. See ACO definition above.

CONTRACTOR: The entity that provides the services described in the Statement of Work.

CONTRACTOR MANAGER: That person, or designated alternate, responsible for insuring that required services are performed properly, and who is the one point of contact responsible for interaction with government personnel. They are also responsible for supervising the contractor’s employees.

COR: Contracting Officer Representative. An employee who is designated and authorized by the Contracting Officer to answer technical questions, provide for inspections, certify invoices for payment and assist in administering the contract.

DEFECTIVE SERVICE: A service output that does not meet the standard of work established by this contract.

DETAINEE: Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security. (DHS reserves the right to place detainees who are in the custody of the Bureaus of Prisons, the U.S. Marshals Service or any person confined under the auspices and the authority of the DHS or any other federal agency.) Many of those being detained may have substantial and varied criminal histories.

DHS: Department of Homeland Security

EMERGENCY: Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, medical emergency, natural disaster or other serious incident.

GOVERNMENT AUTHORIZED REPRESENTATIVE: An employee who is designated and authorized by the Contracting Officer, or Contracting Officer’s Technical Representative to answer questions, provide for inspections, certify invoices for payment and assist in administering the contract.

POLICING: To make an area clean and neat in appearance by removing obvious debris, spillage, etc.

QUALITY ASSURANCE (QA): A method used by the Government to provide control over the quality of purchased goods and services.

QUALITY CONTROL: Those actions taken by a Contractor to control the execution of required services so that the standards of the contract are met.

REPONSE TIME: Response time is defined as the time allowed the Contractor after initial notification of a work requirement to have personnel physically on the premises at the work site, with appropriate tools, equipment, and materials, ready to perform the work required.

SPACE: A space is an area to receive custodial services that may or may not be considered a room by common definition. Examples of spaces are definable sections of hallways, stairwells, lobbies, offices, entrances and elevators.