HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT HOMELAND SECURITY INVESTIGATIONS Title III Investigative Programs Section Performance Work Statement Title III Monitoring and General Translation and Transcription Services 1 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) Table of Contents 1.0 Introduction ........................................................................................................................................................... 3 2.0 Background ......................................................................................................................................................... 3 3.0 Scope ....................................................................................................................................................................... 3 3.1 Title III Services and Related Transcription ................................................................................................. 4 3.2 General Translation and Transcription Services ............................................................................................ 4 4.0 Description of Services Required ......................................................................................................................... 4 5.0 General Requirements Applicable to All Services ............................................................................................. 5 5.1 Definitions ...................................................................................................................................................... 5 5.2 Tasks ............................................................................................................................................................... 6 6.0 Case Assignments .................................................................................................................................................. 8 7.0 Languages ............................................................................................................................................................... 8 7.1 Language Proficiency .................................................................................................................................... 8 7.2 Language Proficiency Waivers ....................................................................................................................... 9 8.0 Contractor Personnel .......................................................................................................................................... 10 8.1 Linguists/Translators .................................................................................................................................... 10 8.2 Site Supervisors ............................................................................................................................................ 11 8.3 Program Manager ......................................................................................................................................... 12 8.4 Billing Coordinator ....................................................................................................................................... 12 9.0 Availability by Languages and Location .......................................................................................................... 13 10.0 Place of Performance ........................................................................................................................................ 13 11.0 Period of Performance ..................................................................................................................................... 13 12.0 Program Management Information Systems (PMIS) .................................................................................... 13 13.0 Production Control and Scheduling ................................................................................................................ 13 14.0 Use of Government Furnished Equipment and Information ........................................................................ 14 15.0 Performance Standards..................................................................................................................................... 14 16.0 Deliverables ....................................................................................................................................................... 15 17.0 Security Requirements ..................................................................................................................................... 16 17.1 Physical and Environmental Security Controls .................................................................................... 20 17.2 Removal and/or bar from worksite ....................................................................................................... 20 18.0 Work Hours ....................................................................................................................................................... 20 18.1 Government Holidays ........................................................................................................................... 21 19.0 Travel ................................................................................................................................................................. 21 20.0 Overtime ............................................................................................................................................................ 21 21.0 Invoices .............................................................................................................................................................. 22 22.0 Post Award Orientation Meeting .................................................................................................................... 22 22.1 Transition Plan ..................................................................................................................................... 22 23.0 Quality Control ................................................................................................................................................. 22 24.0 Organizational Conflict of Interest .................................................................................................................. 23 25.0 Unauthorized Commitments ............................................................................................................................. 24 2 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 1.0 Introduction The objective of this solicitation is to establish a task order contract for Title III Monitoring and General Translation and Transcription Services. The resultant task order shall provide the services of qualified and experienced language professionals in accordance with this Performance Work Statement (PWS). U.S. Immigration and Customs Enforcement (ICE) shall issue case assignments under the awarded task order for any service described herein, and shall outline specific requirements in accordance with applicable statutes and regulations. 2.0 Background Homeland Security Investigations (HSI) is a critical investigative arm of ICE and the Department of Homeland Security (DHS). HSI is a vital U.S. asset in combating criminal organizations illegally exploiting America's travel, trade, financial and immigration systems. ICE-HSI has broad legal authority to enforce a diverse array of federal statutes. It uses this authority to investigate all types of cross-border criminal activity, including:           Financial crimes, money laundering and bulk cash smuggling; Commercial fraud and intellectual property theft; Cybercrimes; Human rights violations; Human smuggling and trafficking; Immigration, document and benefit fraud; Narcotics and weapons smuggling/trafficking; Transnational gang activity; Export enforcement; and, International art and antiquity theft. The threats presented by criminals in these areas have far-reaching consequences. In response, HSI uses a versatile approach to conducting its operations so that it can achieve the best results for the nation and its people. In pursuit of this mission, a variety of tools and techniques are utilized to further criminal investigations; specifically the lawful interception of private communications. Title III of the Omnibus Crime Control and Safe Street Act of 1968 (Wiretap Act) as amended provides the statutory framework that governs real-time electronic surveillance of the contents of communications. The Title III act establishes procedures agencies must follow to obtain a federal court order to authorize the interception of oral, wire and electronic communications (known as a Title III or wiretap). This act regulates how law enforcement agents can use and further disclose information obtained under a Title III order. Additionally, a variety of language barriers are typically encountered during routine law enforcement duties. In an effort to mitigate these language barriers, general translation and transcription services are required. 3.0 Scope The contractor shall furnish all personnel and all necessary equipment, materials and supplies, transportation, security clearance, and background investigation verification necessary to perform Title III Monitoring and General Translation and Transcription Services to include all other work described in this Performance Work Statement (PWS) and subsequent case assignments. The contractor shall perform to the standards in this task order and as specified in each case assignment. The contractor shall provide additional support services ICE may require, such as, data analysis, interview support, monitoring and intercepting to be performed overseas in a Government furnished facility. These services would be in direct support of domestic and foreign law enforcement efforts. 3 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) The contractor shall provide language services for anticipated routine interactions as well as language services that support emergency situations. The Contractor shall have the capacity to rapidly deploy linguists and increase their staffing level in an expedited manner to meet time-sensitive requirements. These services will be required to support real-time law enforcement operations in various locations. For both routine and emergency situations, the contractor shall provide support 24 hours a day, 7 days a week, and 365 days per year (inclusive of weekends and holidays) for all categories of language services described herein. 3.1 Title III Services and Related Transcription The contractor shall provide Title III monitoring which is the interception of a wire, oral, or electronic communication. The interception of private communication (both verbal and electronic) involves several challenges, such as the multitude of different languages and dialects which must be translated and transcribed for legal proceedings. The contractor shall provide transcriptions for Title III monitoring which includes the translation of written, electronic and multi-media material to and from English and native Foreign languages, as required in furtherance of court authorized communication intercepts related to criminal investigations. The contractor shall provide Title III monitoring related services that includes collecting, translating/interpreting and delivering mission related data; performing data analysis (providing up to date statistical data from recorded conversation); and assisting in identifying pertinent data. The contractor shall provide Title III monitoring related reports and assessments; related project/program management and control for linguist screening and, recruitment of linguists; logistical coordination; site supervision and quality control of all related services. Services provided must include communication from a source language to a target language. 3.2 General Translation and Transcription Services The contractor shall provide general translation and transcription services which can be applied to any entity, such as, pre-recorded audio, video media, consensual recording as well as written and hard-copy media. This includes the translation of common documents such as a note or letter, which might be encountered during seizures and search warrants. 4.0 Description of Services Required The contractor shall facilitate the elimination of language barriers to improve the performance, quality and efficiency of operations. The contractor shall provide a full range of language services as defined below: a. Monitoring and Interception - Services include collection, translation/interpretation and delivery of mission related data; perform data analysis; assist in identifying pertinent data; Title III monitoring and intercepts; interview support, preparation of related reports and assessments; screening; related project/program management and control for linguist screening and, recruitment of linguists; logistical coordination; site supervision and quality control of all related services. Services provided must include communication from a source language to a target language. b. Translation and Transcription Services - Services include the translation of written, electronic and multimedia material to and from English and native foreign languages. Materials include but are not limited to: Business, Legal, Medical, Technical, Documents, Software, Website localization for Internet and Intranet, Video subtitling, captioning, and Transcriptions for Title III Monitoring. Client consultation and Project management services include translation formatting, proofreading, text adaptation, editing, graphic design, and desktop publishing. 4 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 5.0 General Requirements Applicable to all Services 5.1 Definitions a. Monitor – To listen to or read foreign language communications lawfully intercepted, and perform immediate verbal summaries, then subsequent written or typed summaries, into the English language. b. Transcribe – To render the spoken word of a language into the written form of the same language, then save the result on a government approved computer storage device and/or in printed format. c. Translate – To render the spoken or written word of one language into the written form of another language, then save the results on a government approved computer storage device and/or in printed format. d. Interpret – To translate orally either consecutively or simultaneously from one language to another. e. Summarize – To provide a typed, concise and accurate synopsis of oral or written communications that contain the identity of the speakers or correspondents, and all locations and events mentioned that pertain to the subject of the communication. f. Validate – A review conducted by someone other than the individual performing the original translation, transcription, or the quality control review of the specified original work in order to attest to the accuracy of the final work. The person performing validation duties may be called upon to testify in court. g. Standard English – Most widely accepted use of the English language in grammar, spelling, and vocabulary. h. Voice Library – Library consisting of voice exemplar references where persons have identified themselves or been identified during a phone conversation. The exemplar is used for future voice comparisons. i. Source Data – The class of data requiring Analytic Linguist services. Classes of data are verbal or written. Verbal source data typically is derived from audio or video recordings. Written source data is typically derived from official documents, transcripts, emails, maps, etc. j. Minimization – A minimization is a briefing provided to the linguists which explains the procedures the Linguist are required to follow when assigned a particular case. Linguist must attend all minimization briefing before any work can be initiated. 5.2 Task Descriptions Monitoring In order to monitor oral intercepts, Linguists shall: a. Listen to oral intercepts in English and foreign languages and provide a verbal summary, immediately followed by a typed summary. Subsequently, all pertinent calls identified by the supervising law enforcement officer will be transcribed verbatim in the required federal or state format. The verbatim transcripts shall be completed during the shift; otherwise, it shall be transferred to the next Linguist on duty, and so on until completion. Analytic Linguists are responsible for the accuracy of their own summaries/transcripts. b. Operate HSI’s recording equipment, JSI Voice Box Software, Pen-Link or other type of communication collection equipment. c. Prepare complete log sheets on each intercepted call, including but not limited to, a short narrative synopsis 5 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) in Standard English. d. Complete a log sheet detailing dates, times of recordings and other relevant information. e. Sign all line sheets, summaries, logs or documents they have prepared and initial all video or audio recordings they have witnessed or heard. f. Assume responsibility for varying numbers of intercepts as required during any given shift. g. Maintain a voice library for the duration of the intercept. h. Maintain a list of slang words and codes (used by the criminal organization or individuals) for the duration of the intercept. i. During an intercept, provide pertinent information about the content of the call to the HSI case agent so HSI authorities can determine whether the conversation is important, is privileged communication, should be minimized, or if enforcement action should be taken. j. During inactive periods, transcribe and translate pertinent calls for the investigation. Transcribing In order to transcribe data, Linguist shall: a. Type (or if directed, write) verbatim, the words spoken on the source recording or contained in the written media. b. When transcribing a foreign language document (such as a map), use the original source document format as a guideline for the English-transcribed document. c. Prepare all transcriptions in a format dictated by ICE. d. Use accepted grammar and punctuation in all transcriptions. e. When performing translation and transcription work, all work must be performed using ICE/Governmentapproved word processing applications, such as Microsoft Word. f. Transcriptions will be saved on Microsoft Windows-compatible storage media and/or devices in an encrypted folder. Hand-written transcriptions, when directed. g. h. Provide the final product in an ICE-approved word processing application on a Windows-compatible storage device to the case agent for inspection and acceptance within the time frame stated in the task order. The file title will be a combination of wire ID number and the call number, or other unique identifier provided by the case agent. All data is the property of the Government and no data should be retained by the vendor upon completion and government acceptance of the work. Translating In order to translate, Linguists shall: a. Prepare a written English translation from a variety of foreign language source exhibits, including but not limited to video and audio recorded conversations, facsimile documents, and written and typed materials, such as legal documents, diaries, computerized files, personal papers, maps, charts, ledgers and notes. 6 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) b. Provide accurate and complete translations free of typographical errors and without the omission of a word or words from the texts. c. Use accepted grammar and punctuation in all English translations. Type the translation from the original source in the following formats: (1) All translations shall be prepared in an ICE/HSI approved format. (2) All translations shall have a cover page with the case number, phone number or source, case number and footer direction of call date and time of recording if appropriate, and all participants. If abbreviations are used, provide a “Guide to Abbreviations” inside the cover page. Minimization In order to minimize the contractor shall: a. Upon receiving confirmation from a case agent regarding new minimization requirements the contractor has a least twenty-four hour notice as to the time and location of the minimization. b. The contractor shall provide all required Analytic linguists for minimization prior to the start of a new intercept. c. Linguists shall comply with all minimization requirements and regulations. d. Failure of a Linguist to adhere to these requirements is grounds for immediate removal from that intercept and any future intercepts. e. A Linguist who has personal knowledge of a target (i.e., the target is a neighbor, acquaintance, relative, etc.), recognizes any target by name, or becomes aware that the intercepted parties are known to them either during or after minimization shall notify the supervising agent and task monitor immediately. Source Data Source data shall be translated from various foreign languages to English. Foreign language fluency and an excellent command of the English language are required. The source data may be poor quality and cannot be enhanced, thereby making it difficult to hear what is being said. There may be loud background noises such as, but not limited to, television, radio or motor traffic. 6.0 Case Assignments Under this task order, case assignments will be issued by the program office based upon the program office’s needs in a location(s), language(s) and type of services, or any combination of these needs. The case assignment location can be based on a specific region of the HSI Operational Area of Responsibility, state(s), or language (s), or services needed in that location. Case Assignments will be the scheduling tool utilized by the COR to schedule all hours, location, languages required, and type of services required. 7.0 Languages The contractor shall provide Linguists fluent in the languages as directed by case assignments. All Linguists shall be fluent in American Standard English. Under this contract, the Government requires, at a minimum, Linguists be fluent in languages specified in PWS Attachment A – Required Languages. 7 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 7.1 Language Proficiency Language proficiency testing in the source language(s) and English is required for all levels of analytic linguists in the four basic communications skills (listening, reading, writing, and speaking). Evidence of language proficiency testing with acceptable results is required for all analytic linguists prior to assignment. Evidence of language proficiency testing, for all analytic Linguists, with acceptable results from an organization listed herein (below) is required to be submitted to the Contracting Officer and Contracting Officer Representative prior to assignment to an ICE contract. The contractor is responsible for verifying the language proficiency level of Analytic Linguists whose acceptable proficiency testing results that are more than five years old. In-house testing by companies that provide linguistics services will not be accepted. ICE will not reimburse fees charged for language proficiency testing and/or costs associated with state certification; e.g., training and travel. The minimum acceptable language proficiency results include: By the U.S. Government: Members of the Interagency Language Roundtable (Department of State/Foreign Service Institute; Department of Defense/Defense Language Institute; Department of Justice/Federal Bureau of Investigation; Peace Corps; United Nations). A proficiency rating of three (3) or above in speaking, listening, reading, writing, and congruity judgment in the source language and a proficiency rating of three (3) or above in speaking, listening, reading, writing, and congruity judgment in English is required. Acceptable providers of language proficiency testing include the following professional interpreter associations (the list is provided for informational purposes only and does not constitute ICE's endorsement of any of the associations): ALTA Language Services (ALTA) American Translators Association (ATA) American Council of Teachers of Foreign Languages (ACTFL) Bay Area Court Interpreters California Court Interpreters Association California Federation of Interpreters, Inc. Central Intelligence Agency (CIA) Defense Language Proficiency Test (DLPT) Defense Language Institute (DLI) Educational Testing Services (ETS) Foreign Service Institute (FSI) National Association of Judiciary Interpreters & Translators Northern California Translators Association Peace Corps Southern California Translators Association Translators and Interpreters Guild The linguist achieving the maximum proficiency level shall possess the skills of a highly articulate well-educated native speaker, whose translation/interpretation reflects the cultural standard of the country where the language is natively spoken. 7.2 Language Proficiency Waivers ICE reserves the right to waive the above language proficiency certification requirement if it is determined to be in the best interest of the Government. In each case, a waiver request shall be submitted by the contractor to the Program Office along with a justification for the proposed waiver. The waiver request will be reviewed and approved by the COR. If the waiver is granted, the linguist is authorized to perform under that specific case assignment only. A waiver must be approved in writing and will be valid for a period of six (6) months, during which time the linguist must obtain written proof of proficiency at an acceptable level. Upon request, the contractor shall provide proof of certification to the CO or COR for any linguist working under the contract. 8.0 Contractor Personnel The contractor shall furnish qualified personnel along with a supervisor to perform the work contained in the task order or associated case assignments. On-line and off-line work is considered highly complex, making it necessary 8 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) for contractor personnel assigned to this task to be well versed and highly experienced with a wide variety of work product documents. Upon request, resumes of personnel possessing the qualifications required for the successful completion of a case assignment shall be furnished to the COR for review and approval prior to beginning performance. The actual number of contract personnel required may vary daily to accommodate increased or decreased activity. It is the responsibility of the contractor to provide adequate staffing at all times. The contractor shall have a pool of ICE cleared linguistics and supervisors available on an as-needed basis. If only one linguist is required for performance of a case assignment, a site supervisor is not required. If two or more linguists are required, a site supervisor must be present to plan and organize work activities. 8.1 Linguists/Translators Linguists need strong written and verbal communications and the ability to operate and communicate effectively in a fast-paced environment. Excellent monitoring (listening to), recording, translating, transcribing, and synopsizing (the content of real-time oral communication intercept) skills are necessary. Linguists will be required to transcribe source documents and recordings from storage media, including but not limited to: audiocassettes, videocassettes or digital media, and type in both the required foreign language and American English language. Linguists will be required to prepare typed English translations from other source documents and/or media. Linguists need to be able to perform quality control reviews of completed work and validate the accuracy of completed translations and transcriptions. Linguists may be required to appear in court if subpoenaed to testify. The contractor shall provide linguists/translators as required by individual case assignments that meet the following minimum qualifications: Minimum Qualifications: a. b. c. d. e. f. Be 18 years old or older; Hold a high school diploma or equivalent; Be a U.S. citizen or Legal Permanent Resident. The contractor shall only provide personnel to work under this task order who are U.S. citizens or Lawful Permanent Residents who are in the U.S. legally and have legal work status. Only contractor personnel who are U.S. citizens will have access to classified documents. The contractor shall provide proof of the legal work status for all non-U.S. citizens. Minimum of one (1) year of translation experience in the required language; Have demonstrated proficiency in English and the target language as demonstrated through testing. Language proficiency testing in the target language(s) and English is required for all levels of analytic linguists in reading of the source language and writing of the target language. Evidence of language proficiency testing with acceptable results is required for all analytic linguists prior to assignment. Testing shall have occurred no more than five years prior to the analytic linguist commencing work. Intercept System (Title III specific) – Linguists shall be familiar with the following systems utilized by ICE in performance of the work requirements. The contractor shall provide all training necessary for contractor employees to perform the services required. i. Jatom Systems Incorporated (JSI) VoiceBox Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts. ii. Pen-Link Lincoln Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts. 9 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 8.2 Site Supervisors Supervisors need strong written and verbal communication skills and the ability to direct the activities of workers to meet the task requirements. Desired communication skills include the ability to listen and understand the government requirements and relate that information to contractor employees. This position requires the ability to make decisions and find alternative solutions to problems in a timely manner. Time management skills and the ability to work on multiple projects simultaneously are important attributes for a person in the role of a supervisor. Duties include the oversight and execution of daily operations to ensure that work is completed on schedule, within budget and to specified quality standards. Supervisors will monitor progress, oversee delivery of completed work, perform quality control reviews, and address any issues that may impact completion schedules, performance, and work coverage. The site supervisor must maintain regular communications between the on-site government personnel, on-site contractor personnel, contractor management and the Contracting Officer’s Representative COR to address any concerns or problems that may impact performance and the timely completion of the work. The site supervisor will be responsible for managing all members of the contractor site team. In addition, site supervisors shall review and validate all time cards submitted by each linguistic team member at the end of each pay period. The supervisor is responsible for ensuring coverage of all work shifts and will address any tardiness and other personnel issues as these issues occur. Supervisors must be cognizant of the overall progress of his or her team and be proactive in notifying the Program Manager and COR of any unanticipated high call volume that may lead to a backlog or other issues that may delay the overall progress of the case assignment deadlines. The contractor shall provide site supervisors as required by individual case assignments that meet the following minimum qualifications: Minimum Qualifications: a) Hold a high school diploma or equivalent; b) Be a U.S. citizen or Legal Permanent Resident. The contractor shall only provide personnel to work under this task order who are U.S. citizens or Lawful Permanent Residents who are in the U.S. legally and have legal work status. Only contractor personnel who are U.S. citizens will have access to classified documents. The contractor shall provide proof of the legal work status for all non-U.S. citizens. c) Minimum of three years of translation experience in the required foreign language; d) Have demonstrated proficiency in English and the target language as demonstrated through testing. Language proficiency testing in the target language(s) and English is required for all levels of analytic linguists in reading of the source language and writing of the target language. Evidence of language proficiency testing with acceptable results is required for all analytic linguists prior to assignment. Testing shall have occurred no more than five years prior to the analytic linguist commencing work. e) Intercept System (Title III specific) – Linguists shall be familiar with the following systems utilized by ICE in performance of the work requirements. The contractor shall provide all training necessary for contractor employees to perform the services required. i) Jatom Systems Incorporated (JSI) VoiceBox Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts. ii) Pen-Link Lincoln Intercept System - A digital communications intercept collection system used by law enforcement agencies to conduct court authorized and other lawful communications intercepts. 8.3 Program Manager and Alternate Program Manager (Key Personnel Positions) The Program Manager serves as the primary business liaison with the government program office and the COR. The Program Manager coordinates and monitors the scheduling, pricing, and performance of each case assignment. The Program Manager’s responsibilities include reviewing requirements, identifying the appropriate personnel to successfully meet the requirements, coordinate transportation and lodging, and preparing case specific cost 10 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) estimates. The Program Manager must ensure adherence to schedules, develop solutions to problems, staff each case assignment accordingly, and ensure projects are completed on time and within budget. The Program Manager shall have extensive experience managing Title III monitoring, translation, and transcription work and must be knowledgeable with the standard concepts, practices, and procedures with Title III monitoring, translation and transcription work. The Program Manager must have strong written and oral communication skills; interpersonal skills; be able to manage multiple incoming and ongoing requirements; and use good judgment to plan and accomplish goals. The Program Manager is responsible for ensuring that all requirements are covered with qualified linguists; are responsible for recruitment of competent linguists to support the ICE requirements; ensuring linguists are entered into the eQip initiation process and candidates enter their information within the specified time frames. The Program Manager shall maintain regular communications and be available to discuss case assignments with the COR and Title III Program team. The Program Manager shall maintain regular communications with the linguist and site supervisors assigned to cases, government point of contacts, and the COR to address concerns or problems that could impact performance and the timely completion of the work. The contractor shall provide a senior level Program Manager and Alternate Program Manager that meets the following minimum qualifications: Minimum Qualifications: a) Minimum of four (4) years of experience in Program Management; b) BA/BS in management, business, or related field; 8.4 Billing Coordinator (Key Personnel Position) The contractor shall provide a Billing Coordinator. The Billing Coordinator is the single vendor point of contact for invoicing on this contract. The Billing Coordinator is responsible for ensuring the accurate and timely preparation of monthly invoices for assigned cases; researching and following up on invoice questions; managing corrections and providing timely resubmission of rejected invoices; and producing summary reports. The Billing Coordinator validates the billing rates and travel receipts, and ensures the billing requirements listed in this statement of work and government-required reporting are accurate. This position manages all aspects of billing, and monitoring new invoices that come in after each case assignment is completed. This position requires mathematical aptitude; proficiency in Microsoft Excel; strong written and verbal communication skills; strong interpersonal skills, and the ability to work independently or in a team. Minimum Qualifications: a) Minimum of four (4) years of billing experience, to include accounts receivable or accounts payable experience; b) BA/BS degree in Accounting, Finance, Business, or any related field; 9.0 Availability by Languages and Location It is anticipated that ICE will require a variety of language requirements for Linguist/Translator support services. Based on historical data and past performance, ICE will require local linguists/translators for Tier I and Tier II languages in certain areas of the US. This will be determined at the case assignment level. These specific requirements have been identified to reduce, and when possible, eliminate travel costs. 10.0 Place of Performance Services shall be primarily provided in the United States, its Commonwealths and Territories. Services may also be provided in foreign countries, if required. Contractor shall provide services in both on-site (Government facilities) 11 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) and off-site (Government approved secure contractor facilities), as required. The specific place(s) of performance will vary and be defined at the case assignment level. All services required in support of Title III wiretap intercepts will take place in a Government controlled facility. Non-Title III services may be performed on-site at a Government facility, real-time law enforcement operations in various locations around the country, or at a Government approved contractor facility. 11.0 Period of Performance The Government anticipates a single award task order with a one-year base period of performance and four subsequent one-year option periods. 12.0 Program Management Information Systems (PMIS) The contractor shall keep an automated tracking system to track the task order and associated case assignments. This system shall have the capability to capture and track the status of invoices and case assignments. System access and database content will be made available to the Contracting Officer, the COR and other designated officials, upon request. This system shall facilitate the entry, tracking, updating, and status checking of case assignments, including invoices and payment information. 13.0 Production Control and Scheduling The contractor personnel shall perform services over a specified period of performance as directed by the Contracting Officer Representative (COR). Contractor personnel will review 100% of their work product to ensure completeness and accuracy. The contractor will comply with all ICE procedures, minimization instruction procedures, security and storage requirements, notification of incidents and progress, location restrictions of work performed, and submission and storage media deadlines. While this PWS identifies the scope of work, general requirements, key personnel, qualifications and proficiency levels, a detailed description of the work, specialized personnel skill-sets, place of performance, and period of performance will be set forth in each case assignment. Call volume may vary depending on the language in addition to number of calls, frequency, clarity and length of calls, pace of call, number of callers, etc. The determination of call volume (low, medium, and high) will be determined at the program office. Example of high call volume is (# of messages/calls in an 18 day period) = 10,000 messages/800 calls. If the contractor requires an increase in linguists based on the call volume, the contractor shall provide justification to the COR for approval. 14.0 Use of Government Equipment and Information The Government will provide the following equipment for use by contractor personnel when performing Title III case assignments at Government facilities: • • • • Intercept workstations Dedicated telephone line(s) Transcription Equipment Administrative supplies The Government will provide the contract employees with instruction on the use of Government-furnished equipment, if necessary. Any equipment provided by the Government to the contractor to perform work under this contract shall be returned 12 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) to the government at the end of each scheduled requirement or as requested. Government telephones shall be used for work purposes only or for emergency calls. Contractor employees shall keep workspaces neat and clean. The contractor will be provided the source media to be translated and instructions on the format in which the resultant translated documents are to be provided. The contractor will be provided samples of, and guidance on preparing, the deliverables to be provided under each scheduled requirement. 15.0 Performance Standards The contractor shall meet the standards of performance required by ICE. The contractor shall be responsible for meeting the performance standards regardless of the levels of personnel qualification requirements required. The performance standards the contractor shall achieve are outlined in Table 1 – Performance Standards. Table 1 – Performance Standards Performance Standard Percentage of services or deliverables that are completed without error or mistake Percentage of compliance to ICE’s certification requirements by contractor and analytic linguists Percentage of documents being certified as accurate and reliable Contractor shall submit accurate and complete security packets such that no more than one (1) security packet is incomplete each month Contractor shall submit accurate and complete weekly report every Monday All Minimum Acceptable Level 98% All 100% 100% inspection of documents All (if required) 100% 100% inspection of documents All 100% 100% inspection of documents All 100% 100% inspection of documents Monthly Funding Reports Contractor shall submit accurate and complete Monthly report every first Monday of the month All 100% 100% inspection of documents Invoicing Contractor shall submit accurate and completed invoices in accordance with invoicing instructions All 100% 100% inspection of documents Accuracy of Deliverables for each requirement Certification Compliance Certification of the Quality of Translated Documents Contractor shall submit security packets for each of its/their translator that are complete to ensure compliance with security requirements Weekly Reports Definition Type of Services 13 Method of Surveillance Review and inspection of work and deliverables HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 16.0 Deliverables The Government reserves the right to require additional reports as needed. The reports shall be provided at no additional cost to the Government. The contractor shall be responsible for delivering all end items specified in the task order and subsequent case assignments and for returning all source documentation in a timely manner. The contractor shall provide a Weekly Report for Clearances and Work Authorized to the COR listing all ICE cleared monitors on all active interceptions and translations/transcription contracts. This report will include the status of the wire and/or transcription work including any backlog at the end of each week. The contractor shall utilize Attachment B as a template when preparing the Weekly Report for Clearances and Work Authorized. The Contractor shall provide a Monthly Invoice and Funding Report outlining the status of all work assigned to the Contractor. The Contractor shall utilize the template provided in Attachment C when preparing the Monthly Funding Status Report. The following table contains deliverables that fall within the scope of this requirement and may vary with each case assignment. Each case assignment will specify the deliverables, schedule, and the estimated completion time of the case assignment. Table 2 – Deliverable Schedule Completed and accurate transcripts of audio conversations. Removable media files, diskettes and work product documentation provided to the Government Field Office as requested. As indicated on each case assignment As indicated on each As indicated case assignment on each case assignment ICE Distribution Case Assignment POC Logs, records and files that are produced and/or maintained in performing the contracted functions. As indicated on each case assignment As indicated on each As indicated case assignment on each case assignment Case Assignment POC Any specific delivery instructions As indicated included in the procedures set forth in the on each case Government wire room and minimization assignment instructions. As indicated on each As indicated case assignment on each case assignment Case Assignment POC Quality Control Plan (Draft) One electronic version Once Within 30 days after award COR Quality Control Plan (Final) One electronic version Once Within 30 days COR after receipt of draft from gov't with comments Contractor Security Plan (Draft) One electronic version Once Within 30 days after award Deliverable(s) Format Frequency 14 Due Date COR HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) Deliverable(s) Format Frequency Due Date ICE Distribution COR Contractor Security Plan (Final) One electronic version Once Within 30 days after receipt of draft from gov't with comments Weekly Report for Clearance and Work Authorized One electronic version (see Attachment B) Weekly Monday Monthly Invoice and Funding Report One electronic version (see Attachment C) Monthly First Monday of COR and CO the month, unless it is a holiday than the following business day Transition Plan One electronic version Once Within 10 days after award COR COR and CO 17.0 Security Requirements GENERAL The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract __TBD___ 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. PRELIMINARY DETERMINATION ICE will 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. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness 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 preemployment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement – Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract. 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, whether a replacement, addition, subcontractor employee, or vendor employee, shall submit the following security vetting documentation to OPR-PSU, in coordination with the 15 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system. 1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by applicant in their OPM e-QIP account. 2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of Questionnaire (esignature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by applicant in their OPM e-QIP account. 3. Two (2) SF 87 (Rev. March 2013) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU) 4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account) 5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account) 6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an email to applicant from OPR-PSU – must be signed and archived into applicant’s OPM e-QIP account prior to electronic “Release” of data via on-line account) 7. Two additional documents may be applicable if applicant was born abroad and/or if work is in a Detention Environment. If applicable, additional form(s) and instructions will be provided to applicant. Prospective Contractor employees who currently have an adequate, current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit a complete security packet. Information on record will be reviewed and considered for use under Contractor Fitness Reciprocity if applicable. An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU as notified via the COR. 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 DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system. TRANSFERS FROM OTHER DHS CONTRACTS: Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation. 16 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) Transfers will be submitted on the COR Transfer Form which will be provided by OPR-PSU along with other forms and instructions. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COR 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 will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility. ICE 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, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. REQUIRED REPORTS: The Contractor will notify OPR-PSU, via the COR, of terminations/resignations of contract employees under the contract within five days of occurrence. The Contractor will return any ICE issued identification cards and building passes, of terminated/ resigned employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU, via the COR, as soon as possible. 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 Contractor will provide, via the COR, a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation) . The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy. CORs will submit reports to psu-industrial-security@ice.dhs.gov. EMPLOYMENT ELIGIBILITY The contractor will 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. EVerify 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. 17 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 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 COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COR 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 COR 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) U.S. Immigration and Customs Enforcement (ICE) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. INFORMATION TECHNOLOGY 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 In accordance with Chief Information Office requirements and provisions, all contractor employees accessing Department IT systems or processing DHS sensitive data via an IT system will require an ICE issued/provisioned Personal Identity Verification (PIV) card. Additionally, Information Assurance Awareness Training (IAAT) will be required upon initial access and annually thereafter. IAAT 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). 17.1 Physical and Environmental Security Controls The Physical and Environmental Security Controls that must be met is located in Attachment D. The attachment provides the list of security controls the contractor shall implement. DHS 4300A and NIST 800-53 Rev will provide 18 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) more detailed explanation of the controls and specific requirements. 17.2 Removal and/or bar from worksite The Government reserves and maintains the absolute right to remove and/or bar any Contractor employee(s) from the project worksite. Issues that could lead to a removal or bar include, but are not limited to: • • • • • • • • Unauthorized removal of source documents, source files, or other sensitive information from the worksite Unauthorized disclosure of sensitive information Unauthorized use of cameras, cell phone cameras in the workspace Unauthorized use of personal storage devices, such as USB drives Excessive transcription errors (poor grammar, missing basic word, etc.) Poor work habits (lack of punctuality, procrastination, lying on time sheet, etc.) Failure to follow procedures Loss of ICE clearance The Contractor shall be responsible for all costs related to the replacement of the employee(s) identified for removal. Adequate replacement personnel must be identified within 48 hours. The Government reserves the right to require an employee to remove any item that violates Equal Employment Opportunity laws, has the actual or the appearance of sexual harassment, or is not of a professional nature. 18.0 Work Hours The contractor shall be required to provide services in accordance with the delivery schedule set forth in each case assignment. If the service is to be provided in a contractor facility, the contractor shall establish its own work schedule in order to meet the Government’s delivery requirements. If the service is to be provided in a Government facility, the contractor shall comply with the work hours of the facility in preparing its schedule. In some instances, Title III Intercepts require around-the-clock monitoring for indefinite periods. In those instances, the contractor may be required to provide personnel to perform services for various periods up to and including 24 hours per day, 7 days per week including holidays and executive order closure. On-site Contractor personnel shall not work double shifts, and whenever possible, Contractor personnel shall be off duty for a minimum of 16 hours between shifts. 18.1 Government Holidays Holidays in each calendar year are identified as follows: New Year’s Day, January 1; Martin Luther King’s Birthday, the third Monday in January; Washington’s Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4, Labor Day, the first Monday in September Columbus Day, the second Monday in October Veteran’s Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25. In addition to federal holidays, the Government facility may be closed for other reasons, to include: EXECUTIVE ORDER CLOSURE: Federal Government offices excusing Federal employees from reporting for duty. BAD WEATHER DAYS: Federal employees instructed not to report to work due to inclement weather conditions. BUILDING CLOSURES: Federal Government employees instructed to vacate the building due to emergency 19 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) repairs, inhabitable conditions or threat of possible security. Based on the needs of the specific scheduled case assignment the Government may require the contract employee to work even though the Government facility is closed. Contractor personnel must contact the government point of contact to determine if they should report to work. The Government is only obligated to pay for hours actually worked under the schedule; therefore, it is the contractor’s responsibility to determine if its employee should be compensated for days when the employee is not required to work due to a Government facility closure or Federal holiday. 19.0 Travel The contractor may be required to travel in support of this requirement. Prior to traveling, the contractor shall provide to the COR the travel dates, itinerary, and purpose for approval. Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. The contractor shall submit proof of travel documentations along with the invoices for reimbursement. All travel shall be reimbursed in accordance with the provisions and rates contained in the Federal Travel Regulations (FTR). In the event the contractor proposes alternative rates to the FTR due to compelling circumstances, the contractor shall submit those proposed rates to the COR in advance of commencing travel and incurring travel costs. Any expenses incurred by the Contractor personnel without prior Government approval may be denied for payment. The contractor will not be reimbursed for local commuting of assigned personnel. Local commuting is defined as an area within 50 miles of the contractor personnel’s performance of work location, or parking, and their place of residence. The contractor shall not be reimbursed for general and administrative fees for processing travel arrangements. 20.0 Overtime Overtime may be authorized only with the prior approval from the COR. If approved, overtime would be calculated at one and one half (1.5) times the direct base hourly rate (not the billing rate). 21.0 Invoices The contractor shall submit one (1) invoice within 30 days of completion of a Title III case assignment that encompasses labor hours, authorized overtime, and all applicable travel. For Key Personnel and Translation and Transcription assignments, the Contractor shall submit (1) one separate monthly invoice. Invoices shall be sent via email to invoice consolidation (Invoice.Consolidation@ice.dhs.gov) and also to the assigned CO and COR’s. Invoice Requirements Payment will be based on receipt of a proper invoice. A proper invoice must include the items listed below. If the invoice does not comply with these requirements, the COR will reject the invoice along with an explanation for the rejection. The contractor shall include the following on the invoice: a. Task Order# b. Case Assignment# c. Invoice Number d. Period of Performance (POP) on the case assignment e. Total Invoice Amount f. All supporting documentation for the Labor Charge and ODC. 20 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) 22.0 Post Award Orientation Meeting The contractor shall plan, schedule and attend a post award orientation meeting at a location specified by the COR within 5 days after award. The purpose of the meeting shall be to become familiar with the work requirements, deliverables, and other information applicable to performance under the task order. 22.1 Transition Plan The contractor shall provide a transition plan within ten (10) days after award to the COR and CO for approval. The transition plan will delineate how current services of active intercepts and transcription work during the initial fortyfive (45) days will transition under the new contract. The plan shall ensure continuity of operations and minimize disruption to ongoing investigations or wireroom operations. 23.0 Quality Control The contractor shall develop a Quality Control Plan (QCP) for the term of the Contract that establishes and maintains well-documented quality control procedures to ensure the production and deliverance of acceptable performance in accordance with this PWS. The contractor shall provide a draft QCP within 30 days after award of the task order. The contractor shall provide a final QCP within 30 days after receipt of Government comments. The QCP shall ensure adequate quality control throughout all areas of performance; it shall be implemented to ensure reliability and effective performance. The Government reserves the right to review the quality controls established, and to evaluate their effective use in the performance of the requirements under the task order. The contractor shall be solely responsible for controlling and ensuring quality work, and providing objective evidence that such control does, in fact, exist. The contractor shall also be liable for any contractor personnel negligence, and any fraud, waste or abuse. It shall be the responsibility of the contractor to enforce all QCP requirements for all subcontractors/personnel. At a minimum, the contractor's QCP shall include: a. An internal quality control and inspection system for required services. Job titles and all positions of individuals who will conduct inspections shall be specified. b. A method to identify, and procedures to correct, any deficiencies in services that may occur. c. A file that documents all inspections, and other quality and internal control actions, including the purpose of the inspection, the results, and any corrective action taken. Upon request, this file shall be made available to the COR or CO during the period of performance. Description of the procedures used to ensure that transcripts and translations shall be accurate versions of the original documents, or recordings, without omissions, translation or typographical errors. All versions shall contain correct spellings of all personnel, organizations, places, common names and numerical information. The contractor is responsible for the inspection of all contractor prepared materials prior to delivery to the Government. The QCP shall include a description of procedures to be used ensuring that, at a minimum, a review of all intercepted calls is conducted; reviewing all translation and transcription work, including all written summaries of interceptions (line sheets), and to ensure that the summaries are accurate, complete and that no pertinent information was overlooked. The individual performing this review must be someone other than the individual who performed the initial translation or transcription. The reviewer must be a native speaker in the language being reviewed and proficient in the English language. The QCP shall also include a description of how contractor personnel assigned to the quality control function will ensure that summaries are accurate and do not include any subjective interpretation. Quality control functions shall also include procedures to ensure confirmation of proper voice identification and that all entries, i.e., call numbers, dates, times, voice and subject identification (caller and recipient), are accurate. In the case that errors are found, the reviewer shall coordinate with the COR and provide documentation of the errors in writing, correct the line sheets 21 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) and present the line sheets to the COR for resolution. In addition, the contractor shall review computer entries of the line sheets to ensure they are exact representations of the original line sheet entries. Contractor personnel designated to perform quality control functions may be expected to assume other duties. All Quality Control persons shall be capable of providing reliable and efficient monitoring, translation and/or transcription services when not performing quality control duties. The Government reserves the right to return to the contractor all materials, transcriptions and translations that contain errors, and have the work re-done at no additional cost to the Government. Upon receipt of a "Request for Correction," the contractor shall correct all errors and furnish corrected versions as required by the COR within five (5) working days. 24.0 Organizational Conflict of Interest The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in Federal Acquisition Regulation (FAR) Subpart 9.5, or that the contractor has disclosed all such relevant information in writing to the Contracting Officer. The contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the COR and Contracting Officer no later than three working days after discovery of the conflict. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate or neutralize the actual or potential conflict. ICE may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the contractor was aware or should have been aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. The contractor shall insert provisions, which shall conform substantially to the language of this section, in any subcontract or consultant contract hereunder. Any information made available to the contractor or its employees by the Government shall be used only for the purpose of carrying out the provisions of this contract. The contractor and its employees shall not divulge or release data or information developed or obtained in performance of this effort, except to authorized Government personnel or upon written approval of the Contracting Officer. The contractor and its employees shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. All contractor personnel, to include analytic linguists, shall be required to sign a DHS Non-Disclosure statement. The Non-Disclosure forms must be signed prior to beginning any work on this contract. Copies of the signed NonDisclosure shall be submitted to the COR within 2 business days. 25.0 Unauthorized Commitments If designated in writing, the COR is authorized by the Contracting Officer to perform as a technical liaison between the contractor and the Contracting Officer for routine technical matters and general program direction within the scope of the contract. Under no circumstances is the COR authorized to effect any changes in the work required under this contract whatsoever or enter into any agreement that has the effect of changing the terms and conditions of this contract or that causes the contractor to incur any cost. The COR shall not supervise, direct or control contractor employees. Notwithstanding this provision, to the extent the contractor accepts any direction that constitutes a change of this contract without prior written authorization of the Contracting Officer, costs incurred in connection therewith are 22 HSCEMS-17-Q-00010 Attachment A – Performance Work Statement (Amendment 03) incurred at the sole risk of the contractor and if invoiced under this contract may be disallowed. Whenever, in the opinion of the contractor, the COR requests efforts beyond the terms of the contract, the contractor shall so advise the Contracting Officer. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately in writing. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim. 23