PRESOL | U | University Level Programs and Experts to Support Current and Emerging Training Needs

FBO DAILY ISSUE OF FEBRUARY 26, 2009 FBO #2649
SOLICITATION NOTICE

U -- University Level Programs and Experts to Support Current and Emerging Training Needs

Notice Date: 2/24/2009
Notice Type: Presolicitation
NAICS: 611310 — Colleges, Universities, and Professional Schools
Contracting Office: Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
ZIP Code: 75247
Solicitation Number: ICEOAQMD192109TRA00000024
Archive Date: 3/18/2009
Point of Contact: Lawrence M. Ayers,, Phone: 214-905-5496
E-Mail Address: lawrence.ayers@dhs.gov
Small Business Set-Aside: N/A
Description: The Department of Homeland Security (DHS), Immigration and Customs Enforcement, Office of Training and Development (ICE-OTD), 800 K Street, NW Suite 201, Washington, D.C. 20536 has a requirement to establish a single award requirements contract with a university located within a seventy-five miles radius of the city to provide access to a cadre of programs and experts to support various current and emerging requirements of a large, federal law enforcement organization. Applicants must be universities who are currently accredited by regional and/or national accrediting agencies recognized by the U.S. Secretary of Education as reliable authorities concerning the quality of education or training offered by the institutions of higher education or higher education programs they accredit. This announcement constitutes advance notice of the issuance of the solicitation on or around March 2, 2009. It is anticipated that this requirement will utilize three CLINs: Formal Training and Education Programs; Consultation and Facilitation; and Focused Curriculum Design/Development and Instructional Systems-Related Tasking. This requirements contract is anticipated to be issued for a base year with three one-year options. The ceiling for this requirements contract is anticipated to be established at $9.8 million dollars. The minimum guarantee for the life of this contract is anticipated to be $25,000. ALL OR NONE AWARD: Only one contract will be awarded from the subsequent solicitation. Award will be on an “ALL OR NONE” basis. Offers for less than all of the solicited work will be rejected as nonconforming and unacceptable to the solicitation terms. This requirement has been determined to be for commercial services, therefore, FAR Part 12 procedures in conjunction with FAR Part 15, supplemented with additional information provided within this notice and subsequent solicitation will be utilized. The anticipated dollar value of this requirement meets the threshold of FAR Subpart 19.702and 19.705-2, therefore a Small Business Subcontracting Plan will be required. It is anticipated that the Small Business Subcontracting Plan will be required to be submitted with initial proposals. The Government intends to make an award based upon initial offers without further discussions or additional information. Therefore, proposals should be submitted initially on the most favorable terms considering all evaluation factors and submission of a Small Business Subcontracting Plan. Do not assume you will be afforded the opportunity to clarify, discuss or revise your proposal. If award is not made on initial offers, discussions will be conducted in accordance with FAR 15.306. Task orders written against the base contract will be Firm Fixed Priced to the maximum extent possible. The Government may consider Time and Material or Labor Hour task orders on a case by case basis when supported by the specific requirement and when it is in the best interest of the Government to do so. Pricing for the task orders will be based on the pricing accepted within the base contract. SCOPE OF WORK: The scope of this requirement will encompass a cooperative relationship or partnership with a Washington D.C. megalopolis based university and range from periodic informal discussions and information exchanges to more formal projects involving specific timeframes and deliverables mutually agreed upon by OTD and the university. The university will possess extensive knowledge of, and have prior experience with, designing curricula and providing instruction to federal law enforcement agencies, their agents and officers, technical specialists in law enforcement-related disciplines, and administrators responsible for developing and regulating the budgetary, procurement, human resource and training and quantitative/qualitative analytical processes in a federal law enforcement organization. The university will provide academic expertise to ICE in a wide range of curriculum and instructor development programs designed to enhance the overall quality of law enforcement, managerial and leadership training provided by OTD. OTD and university will jointly develop specific educational offerings. These requirements include, but are not limited to formal programs focused on supervisory, management and leadership development, strategic thinking and change management, and ethics; degreed programs in areas including police administration and public safety; staff with a cadre of current or former law enforcement practitioners; faculty advisors in the areas of senior executive development, adult learning theory and practices, advanced formative and summative evaluation strategies and higher order integrated simulation exercises focused on performance assessment. These requirements will fall under one of the CLINs listed below. CLIN STRUCTURE: The anticipated CLIN structure is for award of three CLINs for the base year with these CLINs being repeated for each option year. CLINs for the option years will begin with the number designating that option period. Example CLIN 0001 will denote the base year and for option year one the CLIN will change to 1001. CLIN 0001-Formal Training and Education Programs Includes but is not limited to: Supervisor, management and executive programs Leadership enhancement programs (such as Gettysbug Staff Rides and Holocaust Explorations) An ICE-specific leadership development program designed to assist high-potential employees in developing their own leadership strategies and skills within the framework of the agency’s mission and goals including emphasis on the federal government’s Executive Core Qualifications (ECQs) in an increasing electronic and digital environment. Resident and exported graduate and under graduate programs in areas such as administration of justice, public safety and public administration Certificate programs in areas such as adult learning theory CLIN 0002-Consultation and Facilitation Includes but is not limited to Consultation using the resources and expertise from all units within the university including, engineering, business, public health, medical, education, arts and sciences, international studies, research and development, etc., to respond to specific ICE requests for studies, research, and surveys to name a few Facilitation of focused management and executive level meetings, seminars and focus groups Residential meetings and conferences facilitation, that includes meeting facilities, participant lodging and meals CLIN 0003-Focused Curriculum Design/Development and Instructional Systems-Related Taskings Includes but is not limited to A new emergency medical response curriculum tied to a teaching university hospital Performance evaluation strategies The transition from an instructor-lead curriculum to a more student-centered form of classroom instruction. Measuring training transfer and its organizational impact DELIVERABLES: The deliverables will be determined and established at the task order level based on the specific requirement supported. PROPOSAL RESPONSES: Proposal responses in response to this solicitation when issued will be limited to no more than 50 total pages, front and back, excluding resumes, cover sheet, cover letter and Small Business Subcontracting Plan. Responses should be in Times New Roman 12 pitch font or compatible font. PROPOSAL EVALUATION FACTORS The Government will evaluate responses, to include option periods, against specific evaluation criteria and award to the offeror whose proposal represents the best value to the Government. The evaluation criteria consist of the following factors listed in order of their importance: (1) Technical Approach, (2) Personnel, (3) Past Performance, and (4) Price. All evaluation factors other than price, when combined are significantly more important that price. TECHNICAL APPROACH The Technical Approach factor evaluation will assess the Offeror’s ability to satisfactorily respond to deliverable requirements provided on future task orders. Proposal responses should include a management plan to provide future deliverables outlined in each CLIN, including an overview of the Offeror’s organizational structure. Plan should demonstrate a complete understanding of the ICE environment and an existing capability to meet the requirements outlined for each CLIN. Specifically, the Offeror should provide a plan describing what they will provide with respect to CLIN 0001-Formal Training and Education Programs; CLIN 0002-Consultation and Facilitation; and CLIN 0003-Focused Curriculum Design/ Development and Instructional Systems-Related Tasking, how they will provide it. The Offeror's proposal must provide evidence of clear understanding of the technical requirements and the magnitude of the SOW scope of work and deliverables. The Offeror’s proposal must also provide a well thought out high level project plan for providing the required deliverables in a prompt and responsive manner. The Offeror’s proposal must demonstrate the approach and methodologies to be used to accomplish the work. PERSONNEL The Personnel factor evaluation will assess the qualifications of Offeror’s staff to respond adequately to the CLIN requirements. The Offeror shall identify proposed personnel for and provide resumes as follows: CLIN 0001-Formal Training and Education Programs – 3-5 resumes CLIN 0002-Consultation and Facilitation – 3-5 resumes CLIN 0003-Focused Curriculum Design/ Development and Instructional Systems – 3-5 resumes Project Manager- 1-2 resumes The project manager will be designated as Key Personnel for the requirements contract. The Government will have the right to approve changes to the person selected for this position. Changes to this designated person will need to be sent to the Government in writing five days prior to the proposed effective date of this change. The Government will review the resume for the proposed replacement and provide their decision within forty-eight hours after receiving the change request. The Government reserves the right to designate Key Personnel on individual task orders based on the resumes received for each CLIN. Personnel designated as Key Personnel on an individual task order will be released from this designation upon completion of the task. The Government will have the right to approve changes to the person selected for this position. Changes to this designated person will need to be sent to the Government in writing five days prior to the proposed effective date of this change. The Government will review the resume for the proposed replacement and provide their decision within forty-eight hours after receiving the change request. The resumes should demonstrate requisite skills, expertise and knowledge (university undergraduate or graduate faculty credentials and law enforcement experience), and will be evaluated according to the education level, work experience attained for the given field and/or other specialized skills that are determined to be necessary for the CLIN requirements. The Government reserves the right to request additional resumes at the task order level based on the requirements of that particular task. The resumes submitted with the technical proposal must demonstrate that the contractor has the personnel, with the necessary clearance levels, knowledge, expe¬rience, and education pertaining to Formal Training and Education Programs, Consultation and Facilitation, and Focused Curriculum Design/Development and Instructional Systems-Related Tasking as broadly defined in the SOW and the desired criteria of university undergraduate or graduate faculty credentials and law enforcement experience. Higher scores will be given to those individuals who exceed the desired criteria. The Offeror’s proposal must provide a staffing plan to provide the manpower availability/allocations/corporate resources to assure the requirements of the SOW are met in a timely manner. All personnel working on this contract must be U.S. citizens or legal aliens. PAST PERFORMANCE The Past Performance factor evaluation will assess the relevance and breadth of the Offeror’s experience and quality of the Offeror’s past performance. The Government is seeking to determine whether the Offeror has experience that will enable it to adequately respond to the CLIN requirements and whether the Offeror consistently delivers quality services in a timely manner. In evaluating past performance, ICE will take into consideration the relevant experience and past performance assessments from the Offeror’s customers. However, ICE reserves the right to use other relevant past performance information it obtains through other sources including but not limited to other agency databases, interagency working groups and training and education literature. The Offeror’s proposal shall provide a summary of at least three current or past tasks performed in similar efforts for federal law enforcement customers, within the last three years. This summary shall contain sufficient information for the government to verify contractor past performance and customer satisfaction. Also, the Offeror must provide contact information (name, telephone, fax and e-mail) for each past performance reference provided. PRICE Offeror's should submit their best pricing. For each deliverable, pricing needs to be broken down by labor category (management, faculty, support staff) and include itemized supply, equipment, facility, lodging and meal estimates as applicable. Pricing needs to be provided for the base year and each Option year. All pricing will be evaluated and a fair and reasonable price determination made prior to acceptance. The Government reserves the right to negotiate pricing. EVALUATION RATINGS A. The following ratings will be used in evaluation of the overall Technical Approach. Poor (P) - The proposed solution does not address the needs and deliverables annotated in the SOW. The proposed solution or approach also does not demonstrate an effective or practicable result. Marginal (M) - The proposed solution has addressed most deliverables annotated; however the solution proposed demonstrates a risk of a degree of non-performance. Satisfactory (S) – The proposed solution demonstrates practicality and efficiency and addresses all deliverables. Furthermore, the probability of successfully meeting the requirements found in the SOW is good. Good (G) – The proposed solution demonstrates practicality, efficiency in meeting the deliverables and significantly exceeds the requirements detailed in the SOW. The probability of successfully meeting the requirements found in the SOW is high. Excellent (E) – The proposed solution addresses all criterions aforementioned and exceeds the requirements detailed in the SOW. There is little-to-no risk that the proposed solution and Offeror will be unable to perform the requirements found in the SOW. B. The following ratings will be used in evaluating Resumes of Personnel. Poor (P) - The personnel lack the education and experience necessary to have a reasonable expectation of completing the requirements found in the SOW. Marginal (M) - The proposed personnel have either the required education or experience; however the risk of non-performance is unacceptable. Satisfactory (S) – The proposed personnel have both the required education and experience. The probability of successfully meeting the requirements found in the SOW is good. Good (G) – The proposed personnel have education and experience that significantly exceed the requirements detailed in the SOW. The probability of successfully meeting the requirements found in the SOW is high. Excellent (E) – The proposed personnel have education and experience that significantly exceed the requirements detailed in the SOW. There is little-to-no risk that the SOW of Work. C. The following ratings will be used in evaluating Past Performance. Unsatisfactory (U) - Offeror’s performance was less than satisfactory and could have stood improvement. Significant potential risk of performance anticipated based upon the Offeror’s past performance. Neutral (N) – No past performance information was received or no relevant past performance information received. Satisfactory (S) - Offer’s performance met or exceeded contract requirements. Little potential risk anticipated based upon the Offeror’s past performance. D. Price will not receive an evaluation rating, but it will be considered in the award decision. Pricing must be determined to be fair and reasonable to be considered and accepted. The Government reserves the right to negotiate pricing. E. An overall objective proposal rating shall be assigned by the Government evaluation team. PERSONNEL SECURITY REQUIREMENTS The Personnel Security Requirements will be established in each task order issued against the base contract and it is anticipated that some requirements will require access to law enforcement sensitive material. The following Security language will be applicable to this requirement as it applies to the individual task. SECURITY REQUIREMENTS General To ensure the security of the DHS/ICE information in their charge, ICE Contractors and sub-Contractors must adhere to the same computer security rules and regulations as government employees unless an exception to policy is agreed to by the prime Contractors, ICE CISO and Contracting Officer and detailed in the contract. Non-DHS Federal employees or Contractors who fail to comply with DHS/ICE security policies are subject to having their access to DHS/ICE IT systems and facilities terminated, whether or not the failure results in criminal prosecution. The DHS Rules of Behavior document applies to DHS/ICE support Contractors and Sub-Contractors. This document must be executed prior to getting access to any ICE data. All email communications with ICE data must be sent and received on DHS.associates.gov accounts, or encrypted with 256 bit AES. Security Policy References Clause The following primary DHS/ICE IT Security documents are applicable to Contractor/Sub-Contractor operations supporting Sensitive But Unclassified (SBU) based contracts. Additionally, ICE and its Contractors must conform to other DHS Management Directives (MD) (Note: these additional MD documents appear on DHS-Online in the Management Directives Section. Volume 11000 “Security and Volume 4000 “IT Systems” are of particular importance in the support of computer security practices) •DHS 4300A, Sensitive Systems Policy Directive •DHS 4300A, IT Security Sensitive Systems Handbook •ICE Directive, IT Security Policy for SBU Systems •Additionally, ICE Contractor and subcontractor personnel are subject to the following Homeland Security Acquisition Regulations (HSAR) clauses: 3052-204-70 and 3052-204-71. All DHS MD’s and HSAR clauses are available on the DHS Intranet site “DHS Online”. Contractor Information Systems Security Officer (ISSO) Point of Contact Clause Contractor must appoint and submit name to ICE CISO for approval, via the ICE COTR, of a qualified individual to act as ISSO to interact with ICE personnel on any IT security matters. Clause # 1. Protection of Sensitive Information The Contractor shall protect all DHS/ICE “sensitive information” to which the Contractor is granted physical or electronic access by adhering to the specific IT security requirements of this contract and the DHS/ICE security policies specified in the Reference Section above. Contractor shall ensure that their systems containing DHS/ICE information and data be protected from unauthorized access, modification and denial of service. Further, the data must be protected in order to ensure the privacy of individual’s personal information. Clause #2. Information Technology Security Program If performance of the contract requires that DHS/ICE data be stored or processed on contractor-owned information systems, the Contractor shall establish and maintain an IT Security Program. This program shall be consistent with the referenced DHS/ICE IT security policy documents and at a minimum contain and address the following elements: •Handling of DHS/ICE sensitive information and IT resources to include media protection, access control, auditing, network security, and rules of behavior •Certification and Accreditation and FISMA compliance (C&A) of Systems containing, processing or transmitting of DHS/ICE data •Training and Awareness for Contractor personnel •Security Incident Reporting •Contingency Planning •Security Reviews •Contract Closeout Actions Clause #2a. Handling of Sensitive Information and IT Resources The Contractor shall protect DHS/ICE sensitive information and all government provided and contractor-owned IT systems used to store or process DHS/ICE sensitive information. The Contractor shall adhere to the following requirements for handling sensitive information: •Media Protection. The Contractor shall ensure that all hardcopy and electronic media (including backup and removable media) that contain DHS sensitive information are appropriately marked and secured when not in use. Any sensitive information stored on media to be surplused, transferred to another individual, or returned to the manufacturer shall be purged from the media before disposal. Disposal shall be performed using DHS/ICE approved sanitization methods. The Contractor shall establish and implement procedures to ensure sensitive information cannot be accessed or stolen. These procedures shall address the handling and protection of paper and electronic outputs from systems (computers, printers, faxes, copiers) and the transportation and mailing of sensitive media.) •Access Control. The Contractor shall control user access to DHS/ICE sensitive information based on positive user identification, authentication and authorization (Roles and Rules based) mechanisms. Access control measures employed shall provide protection from unauthorized alternation, loss, unavailability, or disclosure of information. The Contractor shall ensure its personnel are granted the most restrictive set of access privileges needed for performance of authorized tasks. The Contractor shall divide and separate duties and responsibilities of critical IT functions to different individuals so that no individual has all necessary authority or systems access privileges needed to disrupt or corrupt a critical process. •Auditing. The Contractor shall ensure that its contractor-owned IT systems used to store or process DHS/ICE sensitive information maintain an audit trail sufficient to reconstruct security relevant events. Audit trails shall include the identity of each person and device accessing or attempting to access the system, the time and date of the access and the log-off time, activities that might modify, bypass, or negate security safeguards, and security-relevant actions associated with processing. The Contractor shall periodically review audit logs and ensure that audit trails are protected from modification, authorized access, or destruction and are retained and regularly backed up. •Network Security. The Contractor shall monitor its networks for security events and employ intrusion detection systems capable of detecting inappropriate, incorrect, or malicious activity. Any interconnections between contractor-owned IT systems that process or store DHS/ICE sensitive information and IT systems not controlled by DHS/ICE shall be established through controlled interfaces and documented through formal Interconnection Security Agreements (ISA). The Contractor shall employ boundary protection devices to enforce access control between networks, including Internet and extranet access. The Contractor shall ensure its email systems are secure, properly configured, and that network protection mechanisms implemented in accordance with DHS/ICE requirements. The Contractor shall conduct periodic vulnerability assessments and tests on its IT systems containing DHS/ICE sensitive information to identify security vulnerabilities. The results, of this information, will be provided to the ICE OCIO for review and to coordinate remediation plans and actions. •DHS employees and Contractors shall not transmit sensitive DHS/ICE information to any personal e-mail account that is not authorized to receive it. •Rules of Behavior. The Contractor shall develop and enforce Rules of Behavior for contractor-owned IT systems that process or store DHS/ICE sensitive information. These Rules of Behavior must meet or exceed the DHS/ICE rules of behavior. •The Contractor shall adhere to the policy and guidance contained in the DHS/ICE reference documents. Clause #2b. Training and Awareness •The Contractor shall ensure that all Contractor personnel (including Sub-Contractor personnel) who are involved in the management, use, or operation of any IT systems that handle DHS/ICE sensitive information, receive annual training in security awareness, accepted security practices, and system rules of behavior. If the Contractor does not use the Ice provided Awareness training, then they must submit to the ICE CISO their awareness training for approval. Should Contractor Training be approved for use, the Contractor will provide proof of training completed to the ICE CISO when requested. •The Contractor shall ensure that all Contractor personnel, including Sub-Contractor personnel, with IT security responsibilities receive specialized DHS/ICE annual training tailored to their specific security responsibilities. If the Contractor does not use the Ice provided special training, then they must submit to the ICE CISO their awareness training for approval. Should Contractor training be approved for use, the Contractor will provide proof of training completed to the ICE CISO when requested. •Any Contractor personnel who are appointed as ISSO, Assistant ISSOs, or other position with IT security responsibilities, i.e., System/LAN Database administrators, system analyst and programmers may be required to attend and participate in the DHS Annual Security Conference. Clause #2d. Certification and Accreditation (C&A) and FISMA Compliance The Contractor shall ensure that any contractor-owned systems that process, store, transmit or access DHS/ICE information shall comply with the DHS/ICE C&A and FISMA requirements. Any work on developing, maintaining or modifying DHS/ICE systems must be done to ensure that DHS/ICE systems are in compliance with the C&A and FISMA requirements. The Contractor must ensure that the necessary C&A and FISMA compliance requirements are being effectively met prior to the System or application’s release into Production (this also includes pilots). The Contractor shall use the DHS provided tools for C&A and FISMA compliance and reporting requirements. Clause #2e. Security Incident Reporting The Contractor shall establish and maintain a computer incident response capability that reports all incidents to the ICE Computer Security Incident Response Center (CSIRC) in accordance with the guidance and procedures contained in the referenced documents. Clause #2f. Contingency Planning If performance of the contract requires that DHS/ICE data be stored or processed on contractor-owned information systems, the Contractor shall develop and maintain contingency plans to be implemented in the event normal operations are disrupted. All Contractor personnel involved with contingency planning efforts shall be identified and trained in the procedures and logistics needed to implement these plans. The Contractor shall conduct periodic tests to evaluate the effectiveness of these contingency plans. The plans shall at a minimum address emergency response, backup operations, and post-disaster recovery. Clause #2g. Security Review and Reporting •The Contractor shall include security as an integral element in the management of this contract. The Contractor shall conduct reviews and report the status of the implementation and enforcement of the security requirements contained in this contract and identified references. •The Government may elect to conduct periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford DHS/ICE, including the Office of Inspector General, ICE ISSM, and other government oversight organizations, access to the Contractor’s and Sub-Contractors’ facilities, installations, operations, documentation, databases, and personnel used in the performance of this contract. Access shall be provided to the extent necessary for the government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DHS/ICE data or the function of computer systems operated on behalf of DHS/ICE, and to preserve evidence of computer crime. Clause #2h. Use of Government Equipment Contractors are not authorized to use government office equipment of IT systems/computers for personal use under any circumstances, unless limited personal use is specifically permitted by the contract. When so authorized, Contractors shall be governed by the limited personal use policies in the referenced documents. Clause #2i. Contract Closeout At the expiration of this contract, the Contractor shall return all sensitive DHS/ICE information and IT resources provided during the life of this contract. The Contractor shall certify that all DHS/ICE information has been purged from any contractor-owned system used to store or process DHS/ICE information. Electronic media must be sanitized (overwritten or degaussed) in accordance with the sanitation guidance and procedures contained in reference documents and with DHS/NIST/NSA approved hardware and software. Clause # 3. Personnel Security •DHS/ICE does not permit the use of non U.S. Citizens in the performance of this contract or to access DHS/ICE systems or information. •All Contractor personnel (including Sub-Contractor personnel) must have favorably adjudicated background investigations commensurate with the sensitivity level of the position held before being granted access to DHS/ICE sensitive information. •The Contractor shall ensure all Contractor personnel are properly submitted for appropriate clearances. •The Contractor shall ensure appropriate controls have been implemented to prevent Contractor personnel from obtaining access to DHS/ICE sensitive information before a favorably adjudicated background investigation has been completed and appropriate clearances have been issued. At the option of the government, interim access may be granted pending completion of a pre-employment check. Final access may be granted only upon favorable completion of an appropriate background investigation based on the risk level assigned to this contract by the Contracting Officer. •The Contractor shall ensure its personnel have a validated need to access DHS/ICE sensitive information and are granted the most restrictive set of access privileges needed for performance of authorized tasks. •The Contractor shall ensure that its personnel comply with applicable Rules of Behavior for all DHS/ICE and contractor-owned IT systems to which its personnel have been granted access privileges. •The Contractor shall implement procedures to ensure that system access privileges are revoked for Contractor personnel whose employment is terminated or who are reassigned to other duties and no longer require access to DHS/ICE sensitive information. •The Contractor shall conduct exit interviews to ensure that Contractor personnel who no longer require access to DHS/ICE sensitive information understand their obligation not to discuss or disclose DHS/ICE sensitive information to which they were granted access under this contract. Clause #4. Physical Security The Contractor shall ensure that access to Contractor buildings, rooms, work areas and spaces, and structures that house DHS/ICE sensitive information or IT systems through which DHS/ICE sensitive information can be accessed, is limited to authorized personnel. The Contractor shall ensure that controls are implemented to deter, detect, monitor, restrict, and regulate access to controlled areas at all times. Controls shall be sufficient to safeguard IT assets and DHS/ICE sensitive information against loss, theft, destruction, accidental damage, hazardous conditions, fire, malicious actions, and natural disasters. Physical security controls shall be implemented in accordance with the policy and guidance contained in the referenced documents. GENERAL The Department of Homeland Security (DHS) has determined that performance of the task as described in the resulting contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) access classified National Security Information (herein known as classified information). Classified information is Government information which requires protection in accordance with Executive Order 12958, Classified National Security Information, and supplementing directives. 52.204-2 Security Clause Requirements. This clause applies to the extent that this contract involves access to information classified Sensitive Compartmented Information (SCI). The Contractor shall comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and (2) Any revisions to that manual, notice of which has been furnished to the Contractor. (a) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract. (b) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. The Contractor will abide by the requirements set forth in the DD Form 254, Contract Security Classification Specification, included in the contract, and the National Industrial Security Program Operating Manual (NISPOM) for the protection of classified information at its cleared facility, if applicable, as directed by the Defense Security Service. If the Contractor has access to classified information at a DHS or other Government Facility, it will abide by the requirements set by the agency. 1.SUITABILITY DETERMINATION DHS shall have and exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU. Contract employees assigned to the contract not needing access to sensitive DHS information or recurring access to DHS ’ facilities will not be subject to security suitability screening. 2.BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the OPR-PSU. Prospective Contractor employees with adequate security clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following completed forms to the OPR-PSU through the COTR, no less than 35 days before the starting date of the contract or 35 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: 1.Standard Form 86, “Questionnaire for National Security Positions” Form will be submitted via e-Qip (electronic forms submission). 2.FD Form 258, “Fingerprint Card” (2 copies) 3.Foreign National Relatives or Associates Statement 4.DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” 5.Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6.Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to, development of, or maintenance to any DHS IT system. 3.CONTINUED ELIGIBILITY •If a prospective employee is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. 4. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported. The OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identification cards and building passes to the responsible ID Unit. 5.EMPLOYMENT ELIGIBILITY The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. 6.SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. 7.INFORMATION TECHNOLOGY SECURITY CLEARANCE When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). 8.INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. •All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). 3.0SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency's mission. (b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. (1) Within 30 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contract as a compliance document. (2) The Contractor's IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130. (3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor's site (including any information stored, processed, or transmitted using the Contractor's computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) Examples of tasks that require security provisions include-- (1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor's copy be corrupted; and (2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall). (d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. (e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 5.5, September 30, 2007) or any replacement publication, which the Contracting Officer will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation. 4. REQUIRED SECURITY CLAUSE SENSITIVE /UNCLASSIFED CONTRACTS SECURITY REQUIREMENTS •GENERAL The Department of Homeland Security (DHS) has determined that performance of the tasks as described in Contract HXXXXXXX requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following. •SUITABILITY DETERMINATION DHS shall have and exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU. Contract employees assigned to the contract not needing access to sensitive DHS information or recurring access to DHS ’ facilities will not be subject to security suitability screening. •BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees with adequate security clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 5 days before the starting date of the Contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: 1.Standard Form 85P, “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies) 2.FD Form 258, “Fingerprint Card” (2 copies) 3.Foreign National Relatives or Associates Statement 4.DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” 5.Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6.Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. •The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to, development of, or maintenance to any DHS IT system. •CONTINUED ELIGIBILITY •If a prospective employee is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported. The OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identification cards and building passes to the responsible ID Unit. •EMPLOYMENT ELIGIBILITY The contractor shall agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. •SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. •INFORMATION TECHNOLOGY SECURITY CLEARANCE When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). •INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). PERIOD OF PERFORMANCE The period of performance for this contract is for a one year base from the date of requirement implementation, with three on year options. PLACE OF PERFORMANCE The place of performance will be determined and established at the task order level based on the specific requirement supported. OTHER DETAILS Invoices/ Billing Services The below stated invoicing instructions will be followed for all task orders issued against the base contract. The Government reserves the right to provide additional or different instructions at the task order level. These instructions provided at the task order level take precedence over those provided in the base contract for that task order only. The invoices must have the following information: •Name of Contractor to include POC name and contact information •Contract Number •Task Order Number •Contract line item number (CLIN) as indicated on the task order •Date •Quantity, unit price, and extension of each item •Performance period •Tax Identification Number (TIN) The Contractor shall submit invoices within 15 business days after period of performance ends. Payment will be made based on receipt of a proper invoice and satisfactory contractor performance. The elements of a proper invoice are described at Federal Acquisition Regulation 32.905. In addition to these items, the invoice must include: (1)the award document number HSCEMD-08-x-00000 (2)the requisition request number, and, (3)the name of the contracting officer's technical representative or other receiving official All vendor warranties, explicit or implicit, pertaining to the items or services identified on this order are incorporated as a part of this order. Vendor: Your Taxpayer Identification Number (TIN) is required on all invoices submitted to DHS for payment to be processed. Invoices shall now be submitted via one of the following three methods: a.By mail: DHS, ICE Burlington Finance Center P.O. Box 1620 Williston, VT 05495-1620 Attn: ICE XXX Invoice b. By facsimile(fax) to 802-288-7658 (include a cover sheet with point of contact and number of pages) c. By e-mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The contractors Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Payment inquiries are to be directed to Dallas Finance Center at (214) 915-6277. Government Furnished Property and Other Resources To be determined and established at the task order level based on the specific requirement supported. At this time the Government does not anticipate providing government furnished property or equipment. Points of Contact Contracting Officer Lawrence Ayers, Deputy Assistant Director Office of Acquisition Management Investigations and Mission Support – Dallas 7701 N. Stemmons Freeway Suite 300 Dallas, TX 75247 Telephone: (214) 905-5496 Fax: (214) 905-5666 Email: lawrence.ayers@dhs.gov Technical Representative Donato Coyer, Assistant Director, Training Operations ICE Office of Training and Development 800 K Street, NW Suite 201 Washington, 20536 Telephone: (202) 732-7800 Email: donato.coyer@.dhs.gov
Web Link: FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=360b38b45f0c873a1977bf5636f56240&tab=core&_cview=1)
Place of Performance: Address: US Department of Homeland Security, Immigration and Customs Enforcement, Office of Training and Development, 800 K Street, NW Suite 201, Washington, District of Columbia, 20536, United States; Zip Code: 20536
Record: SN01756090-W 20090226/090224221334-360b38b45f0c873a1977bf5636f56240 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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