PERFORMANCE WORK STATEMENT (PWS)

TREE REMOVAL SERVICE

FORT JACKSON, SOUTH CAROLINA

Part 1 General Information

1 GENERAL: This is a non-personal services contract to provide tree removal services post wide. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform all work in connection with the cutting, trimming/pruning, and removal of trees on Fort Jackson, SC, as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Fort Jackson is the largest and most active Initial Entry Training Center (IETC) in the United States Army. Training operations and activities occur on a continual basis, regardless of weather, holidays, day of the week, or time of the year.

Fort Jackson is in need of a Tree Removal Service Contract for the purpose of responding to weather related events, trees identified as a hazard, or damaged trees.

1.3 Objectives: To provide the timely removal of tree(s), grinding stumps, tree trimming/pruning, and debris removal/cleanup when notified by Contracting Officer (KO) or his/her designated representative.

1.4 Scope: The Contractor shall provide all necessary management, supervision, personnel, labor, materials, supplies, transportation, traffic control, general and specialized equipment, and clothing required to perform all work in connection with the removal of tree(s) on Fort Jackson, SC, as required. These services shall be performed in accordance with the specifications and schedule of work.

1.4.1. The Contractor will cut down all trees identified by the government.

1.4.2. The Contractor shall accomplish the cutting, removal, and grinding of the stump of the tree(s) as identified by the government.

1.4.3. The Contractor shall trim/prune all trees identified by the government.

1.4.4. The Contractor shall respond to routine calls within 24 hours Monday through Friday of being notified by the KO or his/her designated representative.

1.4.5. The Contractor shall remove all trees and organic debris and dispose of them at the Fort Jackson Mulch Site located on Golden Arrow Road on Fort Jackson, SC.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year – 15 Mar 2026 to 14 Mar 2027 Option Year I – 15 Mar 2027 to 14 Mar 2028 Option Year II – 15 Mar 2028 to 14 Mar 2029 Option Year III – 15 Mar 2029 to 14 Mar 2030 Option Year IV – 15 Mar 2030 to 14 Mar 2031

1.6 General Information

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services, and adequate measures to ensure personnel and equipment safety. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. A comprehensive Quality Control Plan will be submitted within 30 days after contract award. After acceptance of the quality control plan, the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0730-1630 Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. If work cannot be accomplished during regular working hours, arrangements will be made through the COR for alternative work hours. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Fort Jackson, SC.

1.6.6 Type of Contract: IDIQ Contract with five option periods.

1.6.7 Safety: The Contractor shall safeguard and maintain all Government and contractor property, as well as provide for the safety and well-being of personnel employed under this contract. The Contractor shall comply with AR 385-10, The Army Safety Program and reference ANSI Standard Z-133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, Removing Trees, and Cutting Brush).

1.6.7.1 Safety Plan: The Contractor shall develop and implement a safety program for its employees. The plan shall include an analysis of the significant hazards to life, limb and property inherent in contract work performance and a plan for controlling these hazards. The plan shall comply with pertinent provisions of U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual, EM 385-1-1 requirements and FAR 52-236-13. The safety plan shall be forwarded to the Contracting Office for review/approval by the Installation Safety Office within 10 calendar days of commencement of contract. The Contractor shall provide and maintain work environments and procedures which will comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910. The Contractor shall also submit a Job Hazard Analysis (JHA) to the Contracting Office for review and acceptance within 10 calendar days of commencement of contract.

1.6.7.2 Occupational Safety and Health (OSHA): The Contractor shall comply with OSHA standards and all pertinent provisions of 29 CFR Part 1910, Part 1917.152, Part 1915.501-509 and part 1926; Federal and State environmental regulation; DoD and DA regulations and instruction, AR 385-10; and the USACE Safety and Health Requirements Manual (EM 385-1-1). The Contractor shall establish Medical surveillance, industrial hygiene, and individual protective equipment programs sufficient to meet requirements delineated in OSHA standards.

1.6.7.3 Security Requirements: Contractor personnel performing work under this contract must have a base background check and qualify for a contractor card to gain access entry to Fort Jackson throughout the life of the contract and must maintain the level of security required for the life of the contract.

1.6.7.4 PHYSICAL Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. If applicable, at the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.5 Key Control: Contractor will be given a key to the Mulch Site.

1.6.7.6 Lock Combinations: N/A

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Contracting Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 7:30 a.m. to 4:15 p.m., Monday thru Friday, except Federal holidays or when the government facility is closed for administrative reasons. The names of the Contract Manager and Alternate shall be provided within 10 days of contract award. Qualifications for all key personnel are listed below:

- The contract manager or alternate must be on site at all times while work is being performed.

- Must be able to read, speak and understand English.

- Must be able to fully understand the recurring and technical requirements of the work.

1.6.11 Identification of Contractor Employees: Contractor shall furnish the Contracting Officer, within 10 days after contract award, a list of all contractor employees including any and all subcontract employees. The Contract Officer shall receive an updated list of employees/subcontractors as changes occur within 5 days of any changes. All employees who will be driving contractor vehicles shall have a valid driver’s license for the vehicle in operation.

1.6.12 Contractor Travel: N/A

1.6.13 Other Direct Costs: N/A

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services, which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 PHASE IN /PHASE OUT PERIOD: N / A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACT MANAGER: A foreman, superintendent or manager assigned in accordance with paragraph 1.6.11

2.1.3 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6 DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.7 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.9 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10 QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12 SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.13 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. Typically, 0730-1630.

2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: N/A

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

3.6 Mulch Site: The Government will provide controlled access and use of the Fort Jackson Mulch Site to dump debris due to the type of services provided. The Contractor shall notify the COR when use of the mulch site is required. The Mulch Site is located on Golden Arrow Road on Fort Jackson, South Carolina.

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, tools, parts, labor, vehicles, communication, management, supervision and quality control, necessary to accomplish all tasks required to perform work under this contract.

4.2 VEHICLES: Each Contractor vehicle shall have the name of the Contractor neatly and clearly exhibited on each side of the vehicle. All vehicles shall be maintained in satisfactory mechanical condition and shall present a clean and neat appearance. All vehicles that are used in the repair shall have been tested and certified to meet the safe operating requirements. The Contracting Officer may request a copy of the current equipment certification at any time.

4.3 EQUIPMENT: The Contractor shall provide the type and quality of equipment necessary for the repairs required by this contract. All equipment shall be properly maintained according to the manufacturer’s recommendations and applicable safety regulations.

4.4 AT Level I Training: The Contractor is responsible for ensuring all employees possess and maintain current Antiterrorism Level 1 professional certification during the execution of this contract. All Contractor employees, to include sub-Contractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within five (5) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and sub-Contractor employee, to the COR within five (5) calendar days after completion of training by all employees and sub-Contractor personnel. AT level I awareness training is available at the following website::

http://jko.jten.mil. This training shall be at no additional cost to the Government.

4.5 iWATCH Training: The Contractor and all associated Sub-Contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within fifteen (15) calendar days of contract award and within fifteen (15) calendar days of new employees commencing performance with the results reported to the COR NLT five (5) calendar days after contract award.

4.6 COMMUNICATION EQUIPMENT: The Contractor shall provide communication equipment as necessary to perform the services of this contract. Vehicle mounted radio equipment shall conform to all applicable Federal regulations and standards.

4.7 ADMINISTRATIVE SUPPLIES: The Contractor shall provide all needed supplies, http://jko.jten.mil/ equipment and furnishings. The Contractor, at his expense, shall accomplish the reproduction of forms.

4.8 FUELS: The Contractor shall provide all fuels, flares, and safety equipment required for the operation of equipment and vehicles in conformance with installation fire regulations, SCDOT and OSHA.

4.9 MATERIALS/COMPONENTS: The Contractor shall provide all materials and components to facilitate work/repair. Materials shall be of the design, size, and type as approved by the government.

Part 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 Scope: The Contractor shall provide all necessary general and specialized tools, equipment, parts, and supplies required to cut and remove trees, grind stumps, and trim/prune trees on Fort Jackson, SC.

5.2 Contractor Responsibilities: The Contractor shall exercise extreme care to avoid damaging Government property such as buildings, equipment, other trees, shrubs, or turf. Any damage to Government property by the Contractor shall be repaired by the Contractor to its original condition at no additional cost to the Government.

5.3 Workmanship: All work under this contract shall conform to the standards of these specifications. The Contractor, at no additional cost to the Government, shall correct work not meeting these specifications. Work shall be accomplished by craftsmen skilled in the trade. All work shall be performed IAW the manufacturers specifications and trade accepted practices, methods and procedures.

5.4 Orderly Accomplishment and Area Designation: The Contractor shall accomplish all repairs in an orderly and efficient manner.

5.5 Daily Progress Reports: The Contractor shall provide the COR a daily progress report on any active projects by 0800 each morning, Monday through Friday, listing all work performed on the previous day.

5.6 Method of Operation: The government will generate service requests. The service request will identify the location and tree(s) to be cut. The COR will set up a site visit with the Contractor. The Contractor shall provide a price estimate based on the work requested and in accordance with the contract pricing schedule. If the price estimate is under the GPC value, then the COR will issue a Notice to Proceed (NTP). Anything above the GPC value, then the Contracting Officer will issue a task order.

5.7 Tree Cutting: All trees identified by the COR in the Cantonment and Range areas of Fort Jackson shall be cut/felled as described in this section. Trees shall be felled only in grassed or open areas and shall not be felled across or upon any portions of live trees, sidewalks, driveways, streets, utility services or landscape planting. In instances where trees cannot be felled, they shall be removed in separate pieces while the tree is standing. Since a majority of the trees to be cut will be in the Cantonment Area it is likely that a tree maybe near a hazard such as a building, overhead lines, etc.

All stumps shall be cut flush with the existing grade if not directed to grind the stump.

The trees and all associated organic debris shall be immediately cleaned up before moving to a new location and taken to the mulch site located on Golden Arrow Road.

The Contractor shall be responsible for any barricading and signing for traffic control.

The

1362946740121002 Highlight

Contractor shall control street closings and will notify DES and the COR of the same.

5.8 Stump Grinding: When directed by the KO or COR, the Contractor shall grind existing stumps as identified by the COR. Stumps shall be ground 4” to 6” below ground level. Contractor is responsible for chip removal from stump grinding, bringing in dirt to backfill holes at least 1 inch above ground level, and final cleanup. The Contractor shall be responsible for acquiring a digging permit, such that all of the utilities are marked/staked to avoid damaging existing utility services.

5.9 Tree Trimming/Pruning: When directed by the KO or COR, the Contractor shall trim/prune trees located in the Cantonment area. The Cantonment area is defined as the area where all administrative, industrial, and commercial facilities are located.

Ranges are not part of the tree trimming/pruning portion of this contract. Trees shall be pruned by removing all dead, diseased, broken and crossing branches. Trimming shall be done by the "drop crotch" method. No stubs over one inch (1") shall be permitted when completed. Live branches shall be removed to maintain the natural shape and appearance of the trees. A collar should be maintained on lateral branches. Flush cuts are to be avoided on larger branches. The lower branches of trees shall be raised to a height of 8 feet minimum.

5.10 Tree Measurement: Trees shall be measured by diameter at breast height (D.B.H.). D.B.H. is defined as the diameter of the tree measured at 4.5’ above the ground.

Trees with a split trunk shall be measured for diameter at the smallest circumference below the lowest trunk.

Trees with multiple stems shall be measured by each stem, taking the diameter of the largest stem and adding ½ the diameter of the remaining stems to the largest measurement.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1 The following publications of the issues listed below or throughout the specifications and all subsequent amendments, form a part of this contract and are mandatory to follow in accomplishing work under this contract, but referred to hereafter by basic designation only.

6.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. All work listed in this SOW shall adhere to all applicable building codes found in the International Building Code (http://www.iccsafe.org/Pages/default.aspx). Additionally, the Contractor’s work practices shall adhere to the Uniform Facilities Criteria (UFC) and Uniform Facilities Guide (UFG) (http://www.wbdg.org/) that governs Federal facilities.

6.3 DEPARTMENT OF THE ARMY REGULATIONS AND MANUALS:

AR 600-50 Standards of Conduct for Department of Army Personnel (Sep 86, includes changes)

Fort Jackson Civilian Personnel Regulations 690-1

EM-385-1-1 General Safety Requirements US Army Corps of

Engineers, Manual (Apr 81)

Army Regulation Post Fire Regulations 420-90

AR 385-55 Seat Belt Requirement Ft. Jackson

Sup 1 Ft Jackson Fraternization Policy

REC 600-5

ANSI Standard Safety Requirements for Pruning, Trimming, Z-133.1 Repairing, Maintaining, Removing Trees, and

Cutting Brush http://www.wbdg.org/

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit 3 - Fort Jackson Contractor Vetting Policy

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1.

Response

Respond to service call within 24 hours

100% Compliance

100% Inspection

PRS #2.

Tree Removal

Remove per PWS para 5.7

No debris remaining on site other than small fragments.

Stump flush cut.

100% Inspection

PRS #3.

Stump Grinding

Stumps grinded 4” to 6” below existing ground level, chips removed, and hole is backed filled with dirt 1 inch above ground level para 5.8

100% Compliance

100% Inspection

PRS #4.

Tree Trimming/Pruning

Trees shall be pruned by removing all dead, diseased, broken and crossing branches. Para 5.9

100% Compliance

100% Inspection

DELIVERABLES SCHEDULE

Deliverable Frequency Medium/Form t

Submit To Quality Control Plan PWS Para 1.6.1

Within 30 days after contract award

Electronic Contracting Officer

Safety Plan PWS Para 1.6.7.1

Within 10 days after contract award

Electronic Contracting Officer

Job Hazard Analysis PWS Para 1.6.7.1

Within 10 day after award of contract

Electronic Contracting Officer

Key Personnel – Contract Manager and alternate PWS Para 1.6.10

Within 10 days after award of contract

Electronic Contracting Officer

Contractor Employee List Para 1.6.11

Within 10 days of contract award;

within 5 days of any employee changes

Electronic Contracting Officer

Antiterrorism (AT) Level 1 Training

PWS 4.5

Submit Training Certificates within 15 days after contract start

Electronic Contracting Officer/COR iWatch Training Para 4.6

Submit within 15 days after contract start: within 15 days of new employee commencing performance on contract

Electronic Contracting Officer/COR

OPSEC Training Level 1 Para 4.7

Within 30 calendar days after start of contract; new employees 30 days after reporting for duty. Annually thereafter

Electronic Contracting Officer/COR

Technical Exhibit 3

Fort Jackson Contractor Vetting Policy

1. References:

a. DoDI 2000.16 Standard 18. DoD Antiterrorism (AT) Standards.

b. AR 535-13 Antiterrorism, 11 September 2008.

c. Directive-Type Memorandum (DTM) 09-012, “Interim Policy Guidance for DoD Physical Access Control.

d. Immigration and Nationality Act. SEC 274A – Unlawful Employment of Aliens.

2. Purpose: this policy establishes procedures and responsibilities for the standardization vetting program for contractor employees who work on Fort Jackson and who are authorize a DoD Common Access Card (CAC). In accordance with reference 1.a. and 1.b., this policy implements measures to maintain positive control of contractors within the installation. This policy also ensures contractors are in compliance with reference 1.c. and employ only authorized workers whose identity can be validated.

3. Policy:

a. All contractors on Fort Jackson will be badge under the Contractor Verification System (CVS) program (using a CAC badge) or under the DES Standardized Contractor ID vetting program. Contractors performing work on Fort Jackson for a period 30 days or less, or contractors who have forgotten their badge at home can receive a temporary badge under the DES Standardized Contractor ID vetting program.

b. All garrison, mission, and tenant government organizations on Fort Jackson.

(1) Provide contract data of prime and subcontractors for any contracts you have to the DES contactor Vetting Office supervisor using the Excel Spreadsheet sample format (enclosure 1) by e-mail.

(2) All primary and subcontractors should be aware of the Immigration Customs enforcement (ICE) Mutual Agreement between government and employers (IMAGE) Program (enclosure 2).

c. Fort Jackson Directorate of Emergency Services (DES).

(1) Establish a program to vet contract personnel on Fort Jackson who are not authorized a DoD common access card under the CVS program.

(2) Establish a process to verify contractor employee vital information required to confirm their identity (enclosure 4).

(3) The DES Vetting Office will contact the prime contractor POC as listed on the contract data by e-mail when verification process has been completed to schedule a date and time for badges to be issued. If no e-mail address is listed for the prime contractor, the COR will be notified.

(4) Maintain a current list of all prime and subcontractors currently performing work on Fort Jackson.

(5) Provide a fixed site vetting processing capability located in Bldg. 4394.

d. Contractors.

(1) All prime contractors must provide a letter requesting contactor badges (enclosure 3 & 4) signed by a designated representative from the company listing all employees who require access to Fort Jackson. A separate letter will be submitted for each sub-contractor. The letters will be provided to the Government Contracting Officer Representative (COR) of their contract that is responsible for providing this information to the DES Vetting Office. Requested contract data is to be e-mailed _____________________, or faxed to __________________________ with a cover sheet indicating it was sent from the COR. The letter will list the last name, first name, middle initial, social security number of the employee, and have as attachments the E-Verify status and criminal check. Badge request will be kept on file for 90 days from the date the request is received. A new request will be required for any individual that has not received their badge within ninety days.

(2) The contractor is responsible for collecting badges from employees and returning those to the DES Vetting Office once the employee ceases to work on the contract. The contractor will notify the DES Vetting Office when a badge is lost or cannot be recovered from the employee. In the event a badge is lost, the prime contractor will provide a request for replacement badge (enclosure 5) to the DES Vetting Office by e-mail or fax. It is understood this is difficult, but the contractor will make a best effort to obtain the badge and provide a document of his efforts to the COR and the Vetting Office.

(3) It is the contractor’s responsibility to provide arm bands or other special means to display ID badge so that the badge would not interfere with safety or the performance of duty.

(4) Contractors are required to verify all social security numbers for their employees prior to submitting the letter to the government COR. One recommended system for social security number verification is the Social Security Administration web-based system at: http://www.ssa.gov/employer/ssnv/htm. Refer to the step-by-step instructions for registering.

e. Badges.

(1) Can serve as a form of ID while on Fort Jackson for accessing the installation.

(2) Will be issued for the length of the contract, plus any additional time requested by the COR (not to exceed four years). If a contract is extended, the COR will notify the DES Vetting Office of the new contract end date. The prime contractor will be responsible for providing a list of names for all employees both prime and subcontractors whose badges need to be extended to the COR who will forward the information to the DES Vetting Office. The badges will be reissued one week prior to the original expiration date.

(3) Badges will be displayed at all times and may be attached or worn in any manner on the front torso, the right or left arm, or around the neck on the outer most garment so they are easily visible for inspection.

http://www.ssa.gov/employer/ssnv/htm

f. Legal Hiring by Individuals. Section 274A of the Immigration and Nationality Act (enclosure 6) provides detailed procedural requirements employers must follow before hiring any individual. All employers, regardless of the size of their respective business, must verify the identity and work authorization of every new hire, citizen, or alien. This includes reviewing documents which establish the employee’s legal identity and his/her eligibility to be employed in the United States. If the employee is being hired for three or fewer days, verification must be done immediately when employment commences.

g. Non-compliance. Contractor employees found without badges can be escorted to post boundaries, and referred to the COR. Violations could form the basis for adverse contract action under the rights and remedies of the contract term and conditions.

4. Proponent: Directorate of Emergency Services, Physical Security, at (803) 751- 2005.

Immigration Customs Enforcement (ICE) Mutual Agreement between Government and

Employer (IMAGE) Program

1. It is highly desired all prime and subcontractors working on Fort Jackson join the Department of Homeland Security (DHS) ICE Mutual Agreement between Government and Employers (IMAGE) Program and become IMAGE certified. A known vulnerability on Fort Jackson has been the presence of unauthorized aliens (undocumented workers) who have secured jobs by fraudulent means, including presentation of false documents, completion of fraudulent benefit applications, and theft of identities. To combat unlawful employment and reduce vulnerabilities that help illegal aliens gain employment, the Department of Homeland security (DHS) recently introduced the ICE Mutual Agreement between the Government and Employers (IMAGE) program. The goal is to assist employers in targeted sectors to develop a more secure and stable workforce and enhance fraudulent documentation awareness through education and training. The website for IMAGE is http:/www.ice.gov/partners/opaimage/

2. Upon enrollment and implementation of the DHS’s best hiring practices program participants will be deemed “IMAGE Certified”—a distinction DHS believes will become an industry standard.

3. All IMAGE participants gain membership to DHS’s Basic Pilot Employment Verification Program administrated by USCIS. Though this employee authorization verification program, employers can verify newly hired employees are eligible to work in the United States. The internet-based system is available in all 50 states and is currently free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records. To sign up for participation in the Basic Pilot Employment Verification Program, visit the registration Web site http://www.is-dhs.com/EmployerRegistration/

4. For more information on the IMAGE Program, please visit the IMAGE FAQ page.

You may request an information packet via the IMAGE Information Packet Request http://www.is-dhs.com/EmployerRegistration/ form.

INA: Act 274A – Unlawful Employment of Aliens

Sec. 274A. [8 U.S.C. 1324a]

(a) Making Employment of Unauthorized Aliens Unlawful. -

(1) In general. -It is unlawful for a person or other entity-

(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or

(B) (i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).

(2) Continuing employment. -It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.

(3) Defense. -A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.

(4) Use of labor through contract.-For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after the date of the enactment of this section, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).

(5) Use of state employment agency documentation.-For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3)) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) with respect to the individual's referral.

(6) 1/ Treatment of documentation for certain employees. -

(A) In general. - For purposes of this section, if-

(i) an individual is a member of a collective-bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association, and

(ii) within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection (b) with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection (b) with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (e)(5).

(B) Period. -The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States.

(C) Liability. -

(i) In general.-If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph (A) to comply with the requirements of subsection (b) and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States.

(ii) Rebuttal of presumption. -The presumption established by clause (i) may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States.

(iii) Exception. -Clause (i) shall not apply in any prosecution under subsection (f)(1).

(7) 2/ Application to Federal Government. -For purposes of this section, the term "entity" includes an entity in any branch of the Federal Government.

(b) Employment Verification System. -The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:

(1) Attestation after examination of documentation. -

(A) In general. -The person or entity must attest, under penalty of perjury and on a form designated or(A) In general. -The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining-

(i) a document described in subparagraph (B), or

(ii) a document described in subparagraph (C) and a document described in subparagraph (D).

Such attestation may be manifested by either a hand-written or an electronic signature. 2a/ A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.

(B) Documents establishing both employment authorization and identity. -A document described in this subparagraph is an individual's-

(i) United States passport.

(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document-

(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, (II) is evidence of authorization of employment in the United States, and

(III) 3/ contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.

(C) Documents evidencing employment authorization. -A document described in this subparagraph is an individual's-

(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or

(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.

(D) Documents establishing identity of individual. -A document described in this subparagraph is an individual's-

(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or

(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.

(E) 4/ Authority to prohibit use of certain documents. - If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.

(2) Individual attestation of employment authorization. -The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.

Such attestation may be manifested by either a hand-written or an electronic signature. 2a/

(3) Retention of verification form.-After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or electronic version of 2a/ the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending-

(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and

(B) in the case of the hiring of an individual-

(i) three years after the date of such hiring, or

(ii) one year after the date the individual's employment is terminated, whichever is later.

(4) Copying of documentation permitted. - Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.

(5) Limitation on use of attestation form. -A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and sections 1001, 1028, 1546, and 1621 of title 18, United States Code.

(6) 5/ Good faith compliance. -

(A) In general. -Except as provided in subparagraphs (B) and (C), a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement.

(B) Exception if failure to correct after notice. - Subparagraph (A) shall not apply if-

(i) the Service (or another enforcement agency) has explained to the person or entity the basis for the failure,

(ii) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure, and

(iii) the person or entity has not corrected the failure voluntarily within such period.

(C) Exception for pattern or practice violators. - Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1) (A) or (a)(2).

(c) No Authorization of National Identification Cards. -Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.

(d) Evaluation and Changes in Employment Verification System. -

(1) Presidential monitoring and improvements in system. -

(A) Monitoring. -The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.

(B) Improvements to establish secure system.-To the extent that the system established under subsection (b) is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph

(3) and taking into account the results of…