DRAFT_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

FLAME RETARDANT CLOTHING LEASE & SERVICE

DIRECTORATE OF PUBLIC WORKS, FORT JACKSON, SC

Part 1: General Information

1.1 Description of Services: This is a non-personal services contract to provide all equipment and services necessary to lease and service (launder, repair, replace) Flame Retardant Clothing (FRC) made of materials to protect against various hazards to include: electric arc, flash, flash fire, and molten splash consisting of one shirt and one denim type jean pants.

1.2 Background: On February the 4th 2010 the Fort Jackson Safety Office Safety Inspector, site DPW with a violation. The violation was for employees working in areas where electrical hazards were present were not provided with the proper PPE (personal protective clothing). This violation was directed to all DPW / Operations and Maintenance Division Shops during a routine safety inspection. This was a standard violation of the 2009 edition of the National Fire Protection Association (NFPA) 70E regulation 130.7 which states that employees working in areas where electrical hazards are present shall be provided with, and shall use, protective equipment that is designed and constructed for the specific part of the body to be protected and for the work to be performed. Several employees were affected by this regulation, the requirement of flammable resistant (FR) clothing is the standard personal protective equipment (PPE).

1.3 Objectives: Contractor shall measure 20 Government employees to ensure correct sizing and shall furnish 20 employees with 11 shirts, 11 pairs of pants, 11 name tags and 11 DPW name tags.

Contractor shall service FRCs weekly by picking-up soiled clothing to launder, inspect, and repair or replace as necessary those items that are unserviceable.

Contractor shall exchange clothing that no longer fits employees after significant weight loss or gain. Service rate shall be inclusive of laundering, inspecting, repairing, replacing and replacing those uniforms that no longer fit.

1.4 Scope: Contractor shall provide FRC in the adequate quantities to support each worker for one week at a time. Ensure that FRC fits each employee comfortably. When employees have a significant weight loss or gain, the contractor will exchange clothing at no charge or at a minimum charge that will not exceed half of the cost of the uniform and in a timely manner. Contractor shall pick-up and deliver weekly laundered (IAW manufacturer instructions), conduct serviceability inspection, accountability, perform repairs and replacement as required.

1.5 Period of Performance: Five (5) year contract that includes five (5) one (1) year ordering periods.

1.6. References:

According to National Fire Protection Association (NFPA) 70E regulation 130.7 which states that “Employees working in areas where electrical hazards are present shall be provided with, and shall use, protective equipment that is designed and constructed for the specific part of the body to be protected and for the work to be performed.” OSHA's present requirements in Subpart S, Safety- Related Work Practices, are based on NFPA 70E-1983, which did not at that time include specific provisions for flame-resistant (FR) clothing [protective equipment]. Although more recent versions of NFPA 70E have included such body protection provisions, OSHA has not conducted rulemaking proceedings to update Subpart S by adopting comparable provisions specifically related to the use of FR clothing to protect against arc-flash hazards. OSHA's existing Subpart S, therefore, does not include a specific requirement for the use of FR clothing.

However, arc-flash hazards are addressed in the OSHA electrical safety-related work practices standards. For example, with respect to arc-flash burn hazard prevention, the general provisions for the Selection and use of work practices contained in §1910.333(a)(1) generally require de-energization of live parts before an employee works on or near them — i.e., employees must first render electric equipment safe by completely de-energizing it by means of lockout and tagging procedures. This single safe work practice significantly reduces the likelihood of arc-flash burn injury by reducing employee exposure to electrical hazards — i.e., exposure is limited to when the equipment is shut down and when the qualified employee verifies, by use of a test instrument, a de-energized state.

When employees perform work on energized circuits, as permitted by §1910.333(a)(1), tools and handling equipment that might make contact with exposed energized parts must be insulated in accordance with §1910.335(a)(2)(i). This work practice also reduces the likelihood of employee injury caused by an arc blast.

Arc-flash hazards are also addressed in §1910.335(a)(1)(v), Safeguards for personnel protection, which requires that personal protective Equipment (PPE) for the eyes and face be worn whenever there is danger of injury to the eyes or face from electric arcs or flashes or from flying objects resulting from an electrical explosion. In addition, paragraph (a)(2)(ii) of §1910.335 requires, in pertinent part, the use of protective shields, barriers, or insulating equipment "to protect each employee from shocks, burns, or other electrically related injuries while that employee is working . . . where dangerous electric heating or arcing might occur" (emphasis added). The §1910.335(a)(2)(ii) safeguard selected — shield, barrier, or insulating material — must fully protect employees from electric shock, the blast, and arc-flash burn hazards associated with the incident energy exposure for the specific task to be performed. However, in situations where a fully protective safeguard could be used as an alternative, OSHA will, under its policy for de minimis violations, allow employers to use, instead, safeguards that are not fully protective, provided that the employer implements additional measures.2 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25557#footnote2

The supplemental measures, which could include the use of arc-rated FR clothing appropriate to the specific task, must fully protect the employee from all residual hazardous energy (e.g., the resultant thermal effects3 from the electric arc) that passes the initial safeguard.

Where there is no §1910.335(a)(2)(ii) safeguard that would fully protect against the hazards, an employer is still obligated under the Occupational Safety and Health Act of 1970 to take reasonable steps that will protect the employee to the degree possible.4 As noted in the previous paragraph, the protection provided by a safeguard that is not fully effective can be augmented through use of other safety measures such as FR clothing and other appropriate PPE.

OSHA recommends that employers consult consensus standards such as NFPA 70E-2004 to identify safety measures that can be used to comply with or supplement the requirements of OSHA's standards for preventing or protecting against arc-flash hazards. For example, Section 130.3 of the NFPA standard establishes its own mandatory provisions for flash-hazard-analysis5 , which sets forth the criteria to define a flash-protection boundary and the personal protective equipment for use by employees within the flash-protection boundary. The goal of this provision is to reduce the possibility of being injured by an arc-flash. The analysis is task specific and determines the worker's incident-energy exposure (in calories per square centimeter). Where it has been determined that work will be performed within the flash-protection boundary, NFPA 70E specifies that flame-resistant clothing and PPE use either be based on the pre-determined incident-energy exposure data or be in accordance with the Hazard/Risk Category Classifications and Protective Clothing and Personal Protective equipment (PPE) Matrix tables contained in Sections 130.7(C)(9) and (C)(10), respectively.

Other NFPA 70E, Article 130 provisions, such as the justification for work through the use of an energized electrical work authorization permit, and the completion of a job briefing with employees before they start each job, additionally decrease the likelihood that exposure to electrical hazards would occur.

1.7 General Information:

1.7.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed IAW this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which he assures himself his work complies with the requirement of the contract. An updated copy of the QC plan shall be provided to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR) as changes occur. The QC plan shall be provided to the KO and the COR within ten

(10) workdays following award.

1.7.2 Quality Assurance (QA): As part of the contractor’s quality control system, the contractor shall maintain on-site records of all inspections conducted by the contractor and any necessary corrective actions(s) taken. These records http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25557#footnote3 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25557#footnote4 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25557#footnote5 shall be made available to the Government upon request at any time during the term of the contract.

1.7.2.1 The contractor shall turn-in the Quality Assurance Checklist every month to the COR.

1.7.3 Government Remedies: The KO shall follow Federal Acquisition Requirement (FAR 52.212-4), Contract Terms and Conditions-Commercial Items".

1.7.4 Safety: The Contractor shall comply with applicable Federal, State, and Department of the Army, Army Materiel Command and local safety and health standards in accordance with (IAW) AR-385-10 and AMCR 385-100.

1.7.5 The Contractor shall provide immediate verbal notification to the Contracting Officer’s Representative in the event of serious accident or injury.

1.7.6 Security:

1.7.6.1 Lost and Found. All articles found by contractor personnel to whom a reasonably prudent person would assign monetary, personal, or other value (including possible contraband items) shall be turned into the COR. The contractor shall obtain receipts for articles turned in to the COR.

1.7.6.2 Contractor Damages. The contractor shall be responsible for all damages to Government property occurring as a result of the contractor’s work, and shall promptly make all necessary repairs at no cost to the

1.7.6.3 AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 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 subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at.

1.7.7 Telephone Usage. Contractor employees shall not use Government telephones at the work site for personal reasons or make any toll or long distance calls.

1.7.8 Environmental and OSHA. The contractor shall comply with all local, State, and Federal environmental and occupational laws, rules, and regulations. All https://atlevel1.dtic.mil/at conflicts regarding this manner will be decided by the KO. The contractor will be held liable for all violations of, or failure to comply with all such local, State, and Federal environmental and occupational laws, rules, and regulations. The contractor shall take due caution not to endanger personnel during the performance of this contract.

1.7.9 Contractor Management Reporting (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil.

The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different);

(9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

1.7.10 Special Qualifications: The contractor is responsible for ensuring all employees possess all required skills and qualifications for providing services in the execution of this contract.

1.7.11 Post-award Conference or Periodic Progress Meetings: The contractor agrees to attend any post-award conference convened by the https://contractormanpower.army.pentagon.mil/ contracting activity or contract administration office in accordance with FAR Subpart 42.5. The KO, contracting officer's representative (COR), and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the KO 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.

1.7.12 The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure 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 notify both the KO 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.

1.7.13 Contract Manager: 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 KO. 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.

1.7.14 Vehicle Access: Contractor and its employees entering Ft Jackson will be required to provide a valid driver license, vehicle registration and proof of insurance at the Fort Jackson’s security entrance point/gate. No weapons are allowed on Fort Jackson. No hand held cell phones will be used while operating a vehicle on Fort Jackson, unless the phone is used with a Bluetooth or other type of ear piece.

1.7.15 Recognized Holidays: The contractor is not required to provide service on the following days:

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

1.7.16 Hours of Operation: Delivery and Pick-up of laundered, serviced, or replacement uniforms will be Monday thru Friday 0800-1600 excluding Federal Holidays.

1.7.17 Type of Contract: Firm-Fixed Price.

Part 2: Definitions and acronyms

This section includes all special terms and phrases used in the PWS. Each definition provided should be carefully considered; that definition becomes binding for all requirements in the contract. This section should also contain a complete listing of all acronyms used; giving both the acronym and the term the acronym represents.

PWS: Performance work statement

Contracting officer's representative (COR): A representative from the requiring activity appointed in writing by the KO to perform surveillance and to act as liaison to the contractor.

Defective service: A service output that does not meet the standard of performance associated with it in the PWS.

Quality assurance surveillance plan (QASP): A written document specifying the surveillance method used for surveillance of contractor performance.

Quality control (QC): Actions taken by a contractor to control the performance of contracted services to meet PWS requirements.

Quality assurance: Actions taken by the government to assure contracted services meet PWS requirements.

Part 3: Government-furnished Items and Services:

3.1 None

Part 4: Contractor Items and Services:

4.1 Except those items specifically stated to be Government-furnished in section 3, the contractor shall provide all items and services to perform in accordance with this PWS.

Part 5: General Personnel:

5.1 The contractor shall provide the Contracting Officer and the Contracting Officer's Representative with the names of a primary point of contact in case of an emergency.

5.2 The Contracting Officer may require the contractor to remove from the job site any employee working under this contract for reason of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

5.3 The contractor shall not employ any person who is an employee of the United States Government or the Department of Defense, either military or civilian, if such employment would create a conflict of interest.

5.4 The Contractor shall provide the Contracting Officer with a personnel roster.

5.5 The Contractor must conduct him/herself in a professional manner at all times, to include a neat and well-groomed appearance appropriate to the conditions under which the services are being conducted. Because this is a non-personal service contract, contractor and contractor’s employees must avoid representing or allowing themselves to be represented as government employees.

5.6 Contractor shall inform the KO or COR of any changes to any employees before any unit of services are performed.

5.7 The contractor shall submit invoices to the COR NLT than the 1st day of the following month of service and input the invoice into WAWF NLT 10th days after submission to the COR to ensure prompt payment.

5.8 The contractor shall turn-in the Quality Assurance Checklist every month to the COR.

Part 6: Specific Tasks

The contractor shall conduct the following tasks:

Initially & As Required:

1. Measure employees to ensure uniforms fit comfortably & provide 11 pants and 11 shirts for 20 employees.

2. Provide Name tags & affix to shirts

a. Qty: 11 Each x 20 Employees (First / Last)

b. Qty: 11 Each x 20 Employees (DPW)

Weekly & As Required:

3. Deliver/pick-up uniforms to and from building 2601 Electric Shop (Weekly)

4. Launder uniforms to maintain serviceability and protection (Weekly)

5. Inspect uniforms for serviceability (Weekly)

6. Repair uniforms as needed (As Required)

7. Replace unserviceable uniforms in accordance with the Easy Care Agreement (As Required)

8. Provide a monthly report to the COR on number of uniforms laundered, serviced, replaced.

Technical Exhibit 1

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 (The Service required— usually a shall statement)

Standard

Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Incentives/ Disincentives

PRS # 1

Employees measured for uniforms & provide name tags/DPW name tags. (PWS paragraph 6)

Industry standards Zero deviation The results for this performance objective will be used for reporting of contractor performance in CPARS. Rating will be based on results of monthly metrics

PRS # 2

Uniforms are delivered and picked-up from Bldg 2601 weekly. (PWS paragraph 6)

PWS Zero deviation The results for this performance objective will be used for reporting of contractor performance in CPARS. Rating will be based on results of monthly metrics

PRS # 3

Uniforms are laundered weekly and inspected upon delivery for cleanliness and damage.

(PWS paragraph 6)

Industry standards Zero deviation The results for this be used for reporting of contractor performance in CPARS. Rating will be based on results of monthly metrics

PRS # 4

Replace unserviceable uniforms. (PWS paragraph 6)

PWS Zero deviation The results for this be used for reporting of contractor performance in CPARS. Rating will be based on results of monthly metrics

Technical Exhibit 2: List of Deliverables by Task

Deliverable Frequency # of Copies Medium/Format Submit To

QA checklist (paragraph 1.7.2.1/5.8)

Monthly, 1st day of each month

One (1) Email or hardcopy

COR

Invoice (paragraph 5.7)

Monthly, 1st day of each month

One (1) Email or hardcopy and through WAWF

COR and

WAWF

Provide a monthly report to the COR on number of uniforms laundered, serviced, replaced.

(paragraph 6.8)

Monthly

One (1) Email or hardcopy

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 (COR) of their contract that is responsible for providing this information to the DES Vetting Office. Requested contract data is to be e-mailed to_________,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.

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.

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

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 form.

http://www.is-dhs.com/EmployerRegistration/

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) 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) 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) 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.

(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 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 any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).

(2) Restrictions on changes in system.-Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:

(A) Reliable determination of identity.-The system must be capable of reliably determining whether-

(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and

(ii) the employee or prospective employee is claiming the identity of another individual.

(B) Using of counterfeit-resistant documents.-If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.

(C) Limited use of system.-Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.

(D) Privacy of information.-The system must protect the privacy and security of personal information and identifiers utilized in the system.

(E) Limited denial of verification.-A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.

(F) Limited use for law enforcement purposes.-The system may not be used for law enforcement purposes, other than for enforcement of this Act or sections 1001, 1028, 1546, and 1621 of title 18, United States Code.

(G) Restriction on use of new documents.-If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this

Act (or enforcement of sections 1001, 1028, 1546, and 1621 of title 18, United States Code) nor to be carried on one's person.

(3) Notice to congress before implementing changes.-

(A) In general.-The President may not implement any change under paragraph (1) unless at least-

(i) 60 days,

(ii) one year, in the case of a major change described in subparagraph (D)(iii), or

(iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph

(D), before the date of implementation of the change, the President has prepared and transmitted to the

Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress.

(B) Contents of report.-In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for unauthorized use or disclosure of the information or identifiers contained in such system.

(C) Congressional review of major changes.-

(i) Hearings and review.-The Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of any major change described in subparagraph (D), shall hold hearings respecting the feasibility and desirability of implementing such a change, and, within the two year period before implementation, shall report to their respective Houses findings on whether or not such a change should be implemented.

(ii) Congressional action.-No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change.

(D) Major changes defined.-As used in this paragraph, the term "major change" means a change which would-

(i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,

(ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal…