2.2.1-DRAFT Attachment 6 RFP v3.docx

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Transportation Services for the SNA and HLG Field Office, TX
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About this file

This file is Section B (Pricing) through Section I (Contract Clauses) of a draft RFP for transportation and guard services supporting ICE Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) in the San Antonio and Harlingen, Texas Areas of Responsibility. The contract will provide 24/7/365 on-demand transportation services for immigrants who have entered the US illegally or become removable after admission, structured as an IDIQ with hybrid firm-fixed price, labor hour, and time & materials CLINs.

The contract includes a 120-day transition period, 8-month base period, and four 1-year option periods. Key requirements include guaranteed minimum mileage of 100,000 miles per month for primary routes, additional mileage above the guaranteed minimum (up to 1,000,000 miles/year for ERO and 30,000 miles/year for HSI), long distance routes, stationary/delay hours, remote post guard hours, per diem, and detainee sack lunches. The contractor must provide all management, supervision, labor, vehicles, facilities, fuel and maintenance. The minimum contract value is $1,000,000. Contract requires compliance with DHS security requirements including personnel screening, background investigations, IT security protocols and privacy safeguards. No response deadline is specified as this is a draft for industry feedback due by January 3, 2025.

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SECTION B

SUPPLIES OR SERVICES AND PRICES

B.1 BACKGROUND

The United States (US) Immigration and Customs Enforcement (ICE), Enforcement and Removals Operations (ERO), San Antonio (SNA) Area of Responsibility (AOR), Harlingen (HLG) AOR, and Homeland Security Investigations (HSI) have a requirement for transportation and guard services throughout the SNA AOR, HLG AORs and surrounding states. ICE ERO manages and oversees the nation's civil immigration detention system. Its mission is to identify, arrest, and remove immigrants who may present a danger to national security or are a risk to public safety, as well as those who enter the US illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. ERO's enforcement and removal efforts are conducted by 24 field offices that are located throughout the US. Each field office is assigned an AOR and oversees the administration and application of immigration detention standards and programs for detention related facilities and subject contracts in each of the AORs. There are over 200 detention facilities throughout the United States, Puerto Rico, and a Migration Operations Center in Cuba. Providing safe transportation services to and from these facilities, is an integral part of the ERO mission. This acquisition is mission critical.

The purpose of this acquisition is to provide detention/transportation services for the ICE SNA and HLG AORs. On a case-by-case basis, this contract has been used to temporarily support Customs and Border Patrol (CBP) requirements at the border. These services involve the management, transportation, and the escort of immigrants in a secure manner. These services will also provide for the safe and secure transportation of immigrants who have entered the US illegally or have become removable after admission. The proposed contract will provide 24/7/365 on-demand transportation services throughout the ICE SNA and HLG AORs and surrounding states.

B.2 GENERAL

The contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the performance work statement (PWS) on an indefinite delivery – indefinite quantity (IDIQ) basis to have transportation purchased on a hybrid firm-fixed price (FFP), labor hour (LH), and time and materials (T&M) basis.

B.3 CONTRACT PRICING

All task orders (TOs) issued under this contract will be fixed price and/or labor hour and billed in accordance with the fixed rates established in the below schedule.

B.4 MATERIALS AND EQUIPMENT

Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance.

After contract award, any material and equipment cost not factored into the proposed prices, and not requested by the Government at any time, will not be covered under this contract.

B.5 CONTRACT LINE-ITEM NUMBER (CLIN) FRAMEWORK TABLE

Table 1 Base Year

Contract Line Item Number (CLIN)
Description of Services
Unit Price
Quantity
Unit of Measure
Total
0001
Guaranteed Minimum (GM) Miles and Guard Hours - Primary Routes (Up to 100,000 Miles per Month)

All contractor personnel hours (including standing/processing time), vehicle costs, facilities costs, fuel, maintenance, management, overhead/ G&A, and profit to meet the requirements outlined in the PWS for 100,000 miles per month for primary routes. Only miles that are driven with non-citizens on board are included.

(Firm-Fixed Price)

8
Mo
0001A
ERO Funding - Over GM Miles and Guard Hours

CLIN 0001A is not to exceed 666,667 miles per year above the GM and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 666,667 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by ERO shall be billed against the CLIN 0001A. (Blended T&M rate)

666,667
Miles
0001B
HSI Funding - Over GM Miles and Guard Hours

CLIN 0001B is not to exceed 20,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 20,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by HSI shall be billed against the CLIN 0001B. (Blended T&M rate)

20,000
Miles
0002
Long Distance Routes – Miles and Guard Hours

Fully burdened mileage rate that includes all contractor personnel hours (including standing/processing time), vehicle costs, fuel, maintenance, management, overhead/G&A, and profit to meet the requirements outlined in the PWS for long distance routes. Any mileage associated with this CLIN does not count towards CLIN 0001: Guaranteed Minimum Miles and Guard Hours - Primary Routes. Only miles that are driven with non-citizens on board are included.

6,667
Miles
0003
Stationery and Delay Hours

Stationery and Delay Hours include additional wait time or delay, caused through no fault by the contractor, outside of the included 1 hour start/stop/end wait period in CLINs 0001, 0001A/0001B and 0002.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 28,800
Hours
0004A
ERO Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 0001, 0001A/0001B, 0002, and 0003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by ERO shall be billed against the CLIN 0004A series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 2,800
Hours
0004B
HSI Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 0001, 0001A/0001B, 0002, and 0003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by HSI shall be billed against the CLIN 0004B series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 3,400
Hours
0005
Per Diem (Hotel, M&IE)

Per diem will only be considered for long distance routes within CLIN 0002 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by Contracting Officer’s Representative (COR) or will not be reimbursed. (Reimbursable only in accordance with the FTR)

NOT TO EXCEED

$33,333.33

1
Lot
NOT TO EXCEED

$33,333.33

0006
Sack Lunches

Sack Lunches for non-citizens.

(T&M - fixed unit cost)

NOT TO EXCEED 32,000
EA
0007
120 Day Transition Period

Transition costs include costs required to transition from the incumbent contractor to the new contractor in order to start-up activities. (Firm-Fixed Price)

1
EA

Option Year One

Contract Line Item Number (CLIN)
Description of Services
Unit Price
Quantity
Unit of Measure
Total
1001
Guaranteed Minimum (GM) Miles and Guard Hours (Up to 100,000 Miles per Month)

All contractor personnel hours (including standing/processing time), vehicle costs, facilities costs, fuel, maintenance, management, overhead/ G&A, and profit to meet the requirements outlined in the PWS for 100,000 miles per month for primary routes. Only miles that are driven with non-citizens on board are included.

(Firm-Fixed Price)

12
Mo
1001A
ERO Funding - Over GM Miles and Guard Hours

CLIN 1001A is not to exceed 1,000,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 1,000,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by ERO shall be billed against the CLIN 1001A. (Blended T&M rate

1,000,000
Miles
1001B
HSI Funding - Over GM Miles and Guard Hours

CLIN 1001B is not to exceed 30,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 30,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by HSI shall be billed against the CLIN 1001B. (Blended T&M rate)

30,000
Miles
1002
Long Distance Routes – Miles and Guard Hours

Fully burdened mileage rate that includes all contractor personnel hours (including standing/processing time), vehicle costs, fuel, maintenance, management, overhead/G&A, and profit to meet the requirements outlined in the PWS for long distance routes. Any mileage associated with this CLIN does not count towards CLIN 1001: Guaranteed Minimum Miles and Guard Hours - Primary Routes. Only miles that are driven with non-citizens on board are included.

10,000
Miles
1003
Stationary and Delay Hours

Stationary and Delay Hours include additional wait time or delay, caused through no fault by the contractor, outside of the included 1 hour start/stop/end wait period in CLINs 1001, 1001A/1001B and 1002.

(fully burdened hourly rate – T&M)

NOT TO EXCEED

43,200 Hours

1004A
ERO Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 1001, 1001A/1001B, 1002, and 1003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by ERO shall be billed against the CLIN 1004A series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED

4,200 Hours

1004B
HSI Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 1001, 1001A/1001B, 1002, and 1003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by HSI shall be billed against the CLIN 1004B series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED

5,100 Hours

1005
Per Diem (Hotel, M&IE)

Per diem will only be considered for long distance routes within CLIN 1002 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by COR or will not be reimbursed. (Reimbursable only in accordance with the FTR)

NOT TO EXCEED $50,000
1
Lot
NOT TO EXCEED $50,000
1006
Sack Lunches

Sack Lunches for detainees.

(T&M - fixed unit cost)

NOT TO EXCEED 48,000
EA

Option Year Two

Contract Line Item Number (CLIN)
Description of Services
Unit Price
Quantity
Unit of Measure
Total
2001
Guaranteed Minimum (GM) Miles and Guard Hours (Up to 100,000 Miles per Month)

All contractor personnel hours (including standing/processing time), vehicle costs, facilities costs, fuel, maintenance, management, overhead/ G&A, and profit to meet the requirements outlined in the PWS for 100,000 miles per month for primary routes. Only miles that are driven with non-citizens on board are included.

(Firm-Fixed Price)

12
Mo
2001A
ERO Funding - Over GM Miles and Guard Hours

CLIN 2001A is not to exceed 1,000,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 1,000,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by ERO shall be billed against the CLIN 2001A. (Blended T&M rate)

1,000,000
Miles
2001B
HSI Funding - Over GM Miles and Guard Hours

CLIN 2001B is not to exceed 30,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 30,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by HSI shall be billed against the CLIN 2001B. (Blended T&M rate)

30,000
Miles
2002
Long Distance Routes – Miles and Guard Hours

Fully burdened mileage rate that includes all contractor personnel hours (including standing/processing time), vehicle costs, fuel, maintenance, management, overhead/G&A, and profit to meet the requirements outlined in the PWS for long distance routes. Any mileage associated with this CLIN does not count towards CLIN 2001: Guaranteed Minimum Miles and Guard Hours - Primary Routes. Only miles that are driven with non-citizens on board are included.

10,000
Miles
2003
Stationary and Delay Hours

Stationary and Delay Hours include additional wait time or delay, caused through no fault by the contractor, outside of the included 1 hour start/stop/end wait period in CLINs 2001, 2001A/2001B and 2002.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 43,200
Hours
2004A
ERO Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 2001, 2001A/2001B, 2002, and 2003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by ERO shall be billed against the CLIN 2004A series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 4,200
Hours
2004B
HSI Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 20001, 2001A/2001B, 2002, and 2003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by HSI shall be billed against the CLIN 2004B series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 5,100
Hours
2005
Per Diem (Hotel, M&IE)

Per diem will only be considered for long distance routes within CLIN 002 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by COR or will not be reimbursed. (Reimbursable only in accordance with the FTR)

NOT TO EXCEED $50,000
1
Lot
NOT TO EXCEED $50,000
2006
Sack Lunches

Sack Lunches for detainees.

(T&M - fixed unit cost)

NOT TO EXCEED 48,000
EA

Option Year Three

Contract Line Item Number (CLIN)
Description of Services
Unit Price
Quantity
Unit of Measure
Total
3001
Guaranteed Minimum (GM) Miles and Guard Hours (Up to 100,000 Miles per Month)

All contractor personnel hours (including standing/processing time), vehicle costs, facilities costs, fuel, maintenance, management, overhead/ G&A, and profit to meet the requirements outlined in the PWS for 100,000 miles per month for primary routes. Only miles that are driven with non-citizens on board are included.

(Firm-Fixed Price)

12
Mo
3001A
ERO Funding - Over GM Miles and Guard Hours

CLIN 3001A is not to exceed 1,000,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 1,000,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by ERO shall be billed against the CLIN 3001A. (Blended T&M rate)

1,000,000
Miles
3001B
HSI Funding - Over GM Miles and Guard Hours

CLIN 3001B is not to exceed 30,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 30,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by HSI shall be billed against the CLIN 3001B. (Blended T&M rate))

30,000
Miles
3002
Long Distance Routes – Miles and Guard Hours

Fully burdened mileage rate that includes all contractor personnel hours (including standing/processing time), vehicle costs, fuel, maintenance, management, overhead/G&A, and profit to meet the requirements outlined in the PWS for long distance routes. Any mileage associated with this CLIN does not count towards CLIN 3001: Guaranteed Minimum Miles and Guard Hours - Primary Routes. Only miles that are driven with non-citizens on board are included.

10,000
Miles
3003
Stationary and Delay Hours

Stationary and Delay Hours include additional wait time or delay, caused through no fault by the contractor, outside of the included 1 hour start/stop/end wait period in CLINs 3001, 3001A/3001B and 3002.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 43,200
Hours
3004A
ERO Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 3001, 3001A/3001B, 3002, and 3003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by HSI shall be billed against the CLIN 3004B series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 4,200
Hours
3004B
HSI Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLIN 3002, CLIN 3003, and CLIN 3004 that are required to perform guard post duties for medical runs, court trips, monitoring detainee hotel stays, etc.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 5,100
Hours
3005
Per Diem (Hotel, M&IE)

Per diem will only be considered for long distance routes within CLIN 3002 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by COR or will not be reimbursed. (Reimbursable only in accordance with the FTR)

NOT TO EXCEED $50,000
1
Lot
NOT TO EXCEED $50,000
3006
Sack Lunches

Sack Lunches for detainees.

(T&M - fixed unit cost)

NOT TO EXCEED 48,000
EA

Option Year Four

Contract Line Item Number (CLIN)
Description of Services
Unit Price
Quantity
Unit of Measure
Total
4001
Guaranteed Minimum (GM) Miles and Guard Hours (Up to 100,000 Miles per Month)

All contractor personnel hours (including standing/processing time), vehicle costs, facilities costs, fuel, maintenance, management, overhead/ G&A, and profit to meet the requirements outlined in the PWS for 100,000 miles per month for primary routes. Only miles that are driven with non-citizens on board are included.

(Firm-Fixed Price)

12
Mo
4001A
ERO Funding - Over GM Miles and Guard Hours

CLIN 4001A is not to exceed 1,000,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 1,030,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by ERO shall be billed against the CLIN 4001A. (Blended T&M rate)

1,000,000
Miles
4001B
HSI Funding - Over GM Miles and Guard Hours

CLIN 4001B is not to exceed 1,000,000 miles per year above the GM, and represents a fully burdened mileage rate that includes both above-GM mileage and above-GM labor costs up to 1,030,000 miles per year. Only miles that are driven with non-citizens on board are included. All miles and hours requested by HSI shall be billed against the CLIN 4001B. (Blended T&M rate)

30,000
Miles
4002
Long Distance Routes – Miles and Guard Hours

Fully burdened mileage rate that includes all contractor personnel hours (including standing/processing time), vehicle costs, fuel, maintenance, management, overhead/G&A, and profit to meet the requirements outlined in the PWS for long distance routes. Any mileage associated with this CLIN does not count towards CLIN 4001: Guaranteed Minimum Miles and Guard Hours - Primary Routes. Only miles that are driven with non-citizens on board are included.

10,000
Miles
4003
Stationary and Delay Hours

Stationary and Delay Hours include additional wait time or delay, caused through no fault by the contractor, outside of the included 1 hour start/stop/end wait period in CLINs 4001, 4001A/4001B and 4002.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 43,200
Hours
4004A
ERO Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 4001, 4001A/4001B, 4002, and 4003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by ERO shall be billed against the CLIN 4004A series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 4,200
Hours
4004B
HSI Funding - Remote Post Guard Hours

Remote Post Guard Hours include labor hours outside of CLINs 4001, 4001A/4001B, 4002, and 4003 that are required to perform guard post duties for medical runs, court trips, monitoring non-citizen hotel stays, etc. All miles and hours requested by HSI shall be billed against the CLIN 4004B series.

(fully burdened hourly rate – T&M)

NOT TO EXCEED 5,100
Hours
4005
Per Diem (Hotel, M&IE)

Per diem will only be considered for long distance routes within CLIN 4002 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by COR or will not be reimbursed. (Reimbursable only in accordance with the FTR)

NOT TO EXCEED $50,000
1
Lot
NOT TO EXCEED $50,000
4006
Sack Lunches

Sack Lunches for detainees.

(T&M - fixed unit cost)

NOT TO EXCEED 48,000
EA

Table 2

Period
Total Price
Base Period
To be filled out at award
OY1 Total
To be filled out at award
OY2 Total
To be filled out at award
OY3 Total
To be filled out at award
OY4 Total
To be filled out at award
Grand Total
To be filled out at award

B.6 ERO AND HSI USAGE, BILLING AND INVOICING

CLINs X001A and X004A represent requirements and the contract ceiling for ICE’s EROs. CLINs X001B and X004B represent requirements and contract ceiling for ICE’s Homeland Security Investigators (HSI).

Services will be primarily, but not exclusively, needed at locations in the Texas Counties highlighted in PWS Attachments 1 - Primary Coverage Area for ERO’s SNA Field Office, ERO’s HLG Field Office, and HSI as ordered by the appropriate COR. There will be one GM for all three areas, however, each AOR (SNA, HLG, or HSI) will have their own CORs.

Each office will have independent CORs, funding, invoicing, and reporting requirements. The vendor shall invoice each TO separately using the respective CLINs funded on the TO. Generally, mileage used in CLIN X001 (guaranteed minimum) will be invoiced to the SNA TO only. Any additional mileage above the GM shall be invoiced against the requesting office (SNA, HLG, or HSI).

The billing rates shall be the same for both respective CLINs (X003A/B and X005A/B).

B.7 CONTRACT ESTIMATED QUANTITIES, MINIMUM AND MAXIMUM

In accordance with FAR 16.504(a)(4)(ii), the minimum and maximum quantity the Government will acquire under this contract is as follows:

(b) Minimum: $1,000,000 during the period of performance of the IDIQ contract.

(c) Maximum: $TBD during the period of performance of the IDIQ contract

The maximum quantities for this IDIQ are listed above in Section B and in RFP Attachment 4, Pricing Template. The maximum value of this IDIQ contract will be the calculated total value of the IDIQ including the base year and all options. The final value will be stated in the award.

B.7 FUNDING

Funds for the services provided will be obligated at the TO level as the requirement arises, by unilateral modification to the task order by the Government.

(END OF SECTION B)

(Remainder of page intentionally left blank)

SECTION C

PERFORMANCE WORK STATEMENT

(See Attachment 1 - Performance Work Statement)

(END OF SECTION C)

SECTION D

PACKAGING AND MARKING

D.1 PACKING, PACKAGING, MARKING AND STORAGE OF EQUIPMENT

Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the contractor’s expense. The contractor shall supervise the packing of all acquired equipment furnished by the contractor.

D.2 EQUIPMENT REMOVAL

All contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the contractor, at the contractor’s expense, within 30 calendar days after contract expiration, or as mutually agreed by the Government and the contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the contracting officer (CO).

(END OF SECTION D)

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at this internet address: https://www.acquisition.gov/far.

Table 3

Clause Number
Clause Title
Date
52.246-4
Inspection of Services – Fixed-Price
Aug 1996
52.246-6
Inspection of Services – Time and Material and Labor Hour
May 2001

(End of clause)

E.2 INSPECTION REQUIREMENTS

Review of deliverables ---

a. The CO or COR will provide written acceptance, comments and/or change requests, if any, within 30 business days from receipt by the Government of the initial deliverable.

b. Upon receipt of the Government comments, the contractor shall have 15 business days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

c. If written acceptance, comments and/or change requests are not issued by the Government within 30 calendar days of submission, the draft deliverable shall be deemed acceptable as written, and the contractor may proceed with the submission of the final deliverable product. The contractor shall provide all deliverables to the COR in Microsoft Excel, PowerPoint or Word format.

E.3 SCOPE OF INSPECTION

All deliverables will be inspected for content, completeness, accuracy, and conformance to contract requirements by the COR. The scope and nature of inspections will be sufficiently comprehensive, to ensure the completeness, quality, and adequacy of all deliverables.

The Government requires a period not to exceed 30 calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the TO. For periods exceeding 30 days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.4 BASIS OF ACCEPTANCE

The basis for acceptance shall follow the requirements set forth in the PWS, the TO, the contractor's proposal, and other terms and conditions of this contract. Deliverable items rejected under this contract shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected.

E.5 REVIEW OF DELIVERABLES

(a) The Government will provide written acceptance, comments and/or change requests, if any, within 15 business days from receipt by the Government of the initial deliverable. For periods exceeding 15 days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

(b) Upon receipt of the Government comments, the contractor shall have 15 business days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

(c) If written acceptance, comments and/or change requests are not issued by the Government within 30 calendar days of submission, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.6 WRITTEN ACCEPTANCE / REJECTION BY THE GOVERNMENT

The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days. Absent written notification, for periods exceeding 30 days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the QASP. (see PWS Attachment 3 - QASP)

(END OF SECTION E)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address: https://www.acquisition.gov/far/

Table 4

FAR CLAUSE NO.
TITLE AND DATE
52.242-15
Stop-Work Order (AUG 1989)
52.242-17
Government Delay of Work (APR 1984)
52.247-34
F.O.B. Destination (JAN 1991)

F.2 PERIOD OF PERFORMANCE

The period of performance of this IDIQ comprises a one-year base period and four, one-year option periods. The period of performance of any TO issued under the contract shall not exceed 12 months.

The FAR clause at 52.217-8 (Option to Extend Services) will be evaluated and included in the resulting contract, allowing the government the option to extend for an additional six months at the rates established in the contract. TOs may be issued at any time during the base or option periods.

Table 5

Period of Performance
Dates
Transition Period (120 days)
120 days
Base Period
8 months

In Accordance with FAR 52.217-9

Option 1
12 months
Option 2
12 months
Option 3
12 months
Option 4
12 months

F.3 TO PERIOD OF PERFORMANCE AND PRICING

TOs may be issued at any time during the base and/or option periods. The period of performance of any TO issued under the contract shall not exceed 12 months. TOs shall be priced using the applicable rates provided in B.5 for the TO’s anticipated period of performance.

F.4 PLACE OF PERFORMANCE

The place of performance shall be primarily, but not limited to, locations within the Texas counties highlighted in PWS Attachment 1- Primary Coverage Area for the SNA Field Office, HLG field office, and HSI as ordered by the appropriate COR. All destinations in Texas are in the primary area of coverage and the contractor is responsible for figuring out how those transports be met through alignment of their resources within Texas.

As necessary, transportation services may be required to bordering states outside the primary geographic areas of support noted in PWS Attachment 1 and will be separately identified and billed on another CLIN as “long range transports”.

F.5 NOTICE OF DELAYS

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule, or as soon as the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the CO and the COR in writing. This notification shall give pertinent details, and this data shall be informational only in character; this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 CONTRACTOR EVALUATING PROCEDURES:

The Government will issue contractor performance ratings via the Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.1502. The CPARS website is located: https://www.cpars.gov/.

F.7 DELIVERABLES

(a) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. Eastern Standard Time, at destination, Monday through Friday, unless stated.

(b) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two business days after notification of the presence of a virus.

(c) Each deliverable shall be accompanied by a cover letter from the contractor on company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(d) In the event the contractor anticipates difficulty in complying with any delivery schedule, the contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the contractor expects to make delivery; provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

(e) If a contractor is non-compliant in submission of deliverables, the Government will document the non-compliance in any requested contractor’s past performance report and may issue a Contractor Deficiency Report (CDR).

(f) Table 6 lists deliverables due as specified in the deliverable table. The format and content of all deliverables are subject to Government approval.

Table 6 Contract Deliverable Requirements List (CDRL)

#
Deliverable Description
PWS/Solicitation Reference
Due Date and Frequency of Updates
1.
Transition-In Plan
PWS – Section 1.5
With proposal; finalized two weeks after award and updated weekly.
2.
Transportation Operations Plan
PWS – Section 1.4
Within 30 days of award; updated as needed
3.
Communication Plan
PWS - 1.16 and 7.1
Within 30 days of award; updated as needed
4.
Staffing Plan
PWS Section 2.1
With proposal submission; finalized two weeks after award; and updated as needed
5.
Quality Control Plan
RFP Section L.7 and Quality Assurance Surveillance Plan Section 3
With proposal submission; updated as needed
6.
Emergency Plan
PWS – Section 1.19 and Section 6.0
Within 30 days of award; updated as needed
7.
Subcontracting Plan
FAR 52.219-9
With proposal submission; updated as needed
8.
Daily Transportation Schedule
PWS – Section 1.7.
As requested by the COR
9.
Summons Log
PWS – Section 1.7
As requested by the COR
10.
Schedule/Dispatch/Tracking and Reporting System
PWS- Section 1.7.
Conceptual description plan due with proposal; finalized working system due after award. Updated as needed
11.
Contractor Employee Registrations, Commissions, Permits and Licenses
PWS – Section 3.10
Prior to entry on duty and then as requested by COR
12.
Vehicle Inspection Checklist
PWS – Section 1.8.
Within 30 days of award of contract award
13.
Departure Scheduling and Security Notification
PWS - Section 1.11
Description of notification due with proposal; due prior to the commencement of each trip and updated as needed
14.
Record of Persons and Property Transferred (Form I-216)
PWS - Section 1.12
As requested by the COR
15.
Vehicle Surveillance Recordings
PWS- Section 1.14
As requested by the COR
16.
Meals, Snacks and Special Dietary Meals
PWS – Section 1.15
Description and content of meals, snacks and special dietary melas due for review 15 days after award and then as requested by COR
17.
Temperature Report Log for Refrigerators
PWS – Section 1.15
As requested by the COR
18.
Number of Meals Served
PWS – Section 1.15
Provided monthly and as requested by the COR
19.
Vehicle Insurance
FAR 52.228-10 and 3052.228-70
Within 30 days of award of contract
20.
Plans, Policy and Procedures Manual
PWS Section 2.1
Plan and policy: 30 days after award and updated as needed;

Procedures manual: 5 days after award

21.
Resumes of Key Personnel
PWS – Section 2.1
Submitted within 5 days after award. For all new candidates, prior to Entry on Duty (EOD)
22.
Organizational Chart
RFP and PWS – Section 2.1
With proposal submission and after that, anytime as requested.
23.
Suitability and e-QIP Security Process
RFP Section H and

PWS – Section 2.1 With proposal submission; updated as needed.

24.
COR Monthly Report
PWS -Section 2.3
Monthly beginning 30 Days after contract award
25.
TMO Monthly Report
PWS – Section 2.3
Within 5 business days post invoice
26.
Transition Out Plan
PWS – Section 2.4
Within 30 calendar days from COR request
27.
Employee Standard of Conduct
PWS – Section 3.1
Within 30 days of contract award
28.
Permits and Licenses
PWS – Section 3.10
Within 30 days of contract award and as requested by the COR
29.
Training Documentation
PWS – Section 4.0
As requested by the COR
30.
Prison Rape Elimination Act
PWS – Section 4.5
Proof of training must be provided to the COR prior to the contract employees being granted access to detainee population
31.
List of Firearms by serial number
PWS – Section 4.9
Within 30 days of contract award and as requested by COR
32.
Firearm Training
PWS – Section 4.9
Within 30 days of contract award and within 15 days prior to entry on duty for new hires.
33.
Standard Operating Procedures
PWS – Section 5.0
Within 30 days of contract award and updated as needed
34.
Escape Procedures and Process
PWS – Section 5.2
Within 30 days of contract award and updated as needed
35.
Sexual Abuse Prevention and Reporting
PWS – Section 6.1
Immediate notification of any knowledge, suspicion, or information regarding sexual abuse, assault or discovery of any employees who engaged in past sexual abuse
36.
Injury, Illness and Reports
PWS – Section 6.2
Monthly injury report and immediate notification for incidents for physical harm to or threaten the safety, health or welfare of any person
37
E-Verify Data
FAR 52.222-54
Quarterly

(END OF SECTION F)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary points of contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.1.1 Government Personnel

Contracting Officer’s Representative (COR)

The CORs within the ERO are responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the South Texas transportation TOs. The CORs supports the CO in the general management of the acquisition. The CORs for South Texas transportation are:

HLG COR

Name: To Be Named at Contract Award Address: To Be Named at Contract Award Email: To Be Named at Contract Award Telephone Number: To Be Named at Contract Award

HSI COR

Name: To Be Named at Contract Award Address: To Be Named at Contract Award Email: To Be Named at Contract Award Telephone Number: To Be Named at Contract Award

SNA COR

Name: To Be Named at Contract Award Address: To Be Named at Contract Award Email: To Be Named at Contract Award Telephone Number: To Be Named at Contract Award

The CORs for this contract will be identified by the CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be saved to the file and available upon request.

The CORs will represent the CO in the administration of technical details within the scope of the TO. The CORs are also responsible for the final inspection and acceptance of all TO deliverables and reports. The CORs are not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The CORs do not have authority to alter the contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the CO.

Contracting Officer (CO)

The ICE Office of Acquisition Management (OAQ) has the overall responsibility for administration of the South Texas transportation contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The CO for this contract is:

Name: Brittany Tobias Email: brittany.tobias@ice.dhs.gov

G.1.2 Minimum Contractor Key Personnel

Contractor’s Program Manager (PM)

The PM shall be responsible for comprehensive account support for the South Texas transportation contract, and act as the central point of contact with the Government for all contract issues. The PM will represent the contractor at all post-award meetings.

Transportation Coordinator (TC)

The TC is responsible for transportation management operations and ensure all contractor personnel perform their duties in accordance with PBNDS 2011 with 2016 revisions. The TC will ensure for the safety and accountability of all detainees and is responsible for all documentation that can be made available to the Government at the Government’s request. The TC will be responsible for the contractor vehicles assigned to this contract.

Corporate Security Officer (CSO)

The CSO is responsible for managing the contractor employee background clearance process, to ensure that every contracted personnel assigned are in full compliance to all rules, regulations, of the contract requirement.

G.2 UNILATERAL ORDERS

TOs under this contract may be issued unilaterally. If the parties fail to agree, the CO may require the contractor to perform, and any disagreement shall be deemed a dispute within the framework of the "disputes" clause.

G.3 INVOICING INSTRUCTIONS

Invoices shall be submitted as follows:

Service providers/contractors shall use these procedures when submitting an invoice.

1. The contractor shall be active in the System for Award Management (www.SAM.gov) for invoice processing. Besides the information identified below, a proper invoice shall also include; contractor’s Unique Entity Identifier (UEI) number; the ICE Program Office; and state whether the invoice is “INTERIM” or “FINAL”.

2. In accordance with Contract Clauses, FAR 52.212-4 (g) (1), Contract Terms and Conditions - Commercial Items, or FAR 52.232-25 (a) (3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

"...An invoice must include-

(i)Name and address of the Contractor. The name, address and UEI number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;
(ii)Unique Entity Identifier (UEI) number;
(iii)Invoice date and number;
(iv)Contract number, line items and, if applicable, the order number;
(v)Description, quantity, unit of measure, unit price and extended price of the items delivered;
(vi)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vii)Terms of any discount for prompt payment offered;
(viii)Remit to Address;
(ix)Name, title, and phone number of persons to notify in event of defective invoice;
(x)ICE Program Office designated on the order/contract/agreement; and
(xi)Whether the invoice is “Interim” or “Final”
3.Invoice submission: shall be submitted via one of the following two methods. Improper invoices or those submitted by means other than these two methods will be returned. Email is the preferred method.

a. Primary method of submission is email. The Contractor shall submit one (1) invoice in PDF format per e-mail and the subject line of the e-mail will reference the invoice number of the attached invoice to: Invoice.Consolidation@ice.dhs.gov Attn: ICE - (Insert program office name or code) Invoice

b. Mail:

DHS, ICE

Financial Service Center Burlington Attn: ICE-ICE (To be filled out on invoice) Invoice P.O. Box 1620 Williston, VT 05495-1620

(xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232-33 Payment by Electronic Funds Transfer – System for Award Management or 52-232-34, Payment by Electronic Funds Transfer – Other than System for Award Management.

3. Invoice Supporting Documentation. To ensure payment, the vendor must submit supporting documentation which provides substantiation for the invoiced costs to the Contracting Officer Representative (COR) or Point of Contact (POC) identified in the contract. Invoice charges must align with the contract CLINs. Supporting documentation is required when guaranteed minimums are exceeded and when allowable costs are incurred. Details are as follows:

(i). Guaranteed Minimums. If a guaranteed minimum is not exceeded on a CLIN(s) for the invoice period, no supporting documentation is required. When a guaranteed minimum is exceeded on a CLIN (s) for the invoice period, the Contractor is required to submit invoice supporting documentation for all detention services provided during the invoice period which provides the information described below:

a. Detention Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

(ii). Allowable Incurred Cost. Fixed Unit Price Items (items for allowable incurred costs, such as transportation services, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and shall be submitted in .pdf format:

a. Detention Bed Space Services. For detention bed space CLINs without a GM, the supporting documentation must include:

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

b. Transportation Services: For transportation CLINs without a GM, the supporting documentation must include:

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

• for reimbursable expenses (e.g. travel expenses, special meals, etc.) copies of all receipts.

c. Stationary Guard Services: The itemized monthly invoice shall state:

• The location where the guard services were provided,

• The employee guard names and number of hours being billed,

• The employee guard names and duration of the billing (times and dates), and

• for individual or detainee group escort services only, the name of the detainee(s) that was/were escorted.

d. Other Direct Charges (e.g. VTC support, transportation meals/sack lunches, volunteer detainee wages, etc.):

1) The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. For charges for detainee support items (e.g. meals, wages, etc.), the supporting documentation should include the name of the detainee(s) supported and the date(s) and amount(s) of support.

(iii) Firm Fixed-Price CLINs. Supporting documentation is not required for charges for FFP CLINs.

4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience, or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individuals name or other unique identifier and full date of birth, citizenship, or immigration status.

As part of your obligation to safeguard information, the follow precautions are required:

(i) Email supporting documents containing Sensitive PII in an encrypted attachment with password sent separately to the Contracting Officer Representative assigned to the contract.

(ii) Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know.

(iii) Use shredders when discarding paper documents containing Sensitive PII.

(iv) Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable Information (March 2012) found at http://www.dhs.gov/xlibrary/assets/privacy/dhs-privacy-safeguardingsensitivepiihandbook-march2012.pdf for more information on and/or examples of Sensitive PII.

5. Payment Inquiries: Questions regarding invoice submission or payment, please contact Financial Service Center Burlington at 1-877-491-6521, Option # 3 or by e-mail at OCFO.CustomerService@ice.dhs.gov

Invoices without the above information may be returned for resubmission.

(END OF SECTION G)

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SECTION H

SPECIAL CONTRACTING REQUIREMENTS

H.1 TRAINING

The Government will not allow costs, nor reimburse costs associated with the contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.2 GENERAL PURPOSE OFFICE EQUIPMENT (GPOE) AND INFORMATION TECHNOLOGY (IT)

The cost of acquisition of General-Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.3 PERFORMANCE-BASED SERVICES CONTRACTING (PBSC)

Through the direction of the Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP), performance-based contracting techniques will be applied to TOs issued under this contract to the “maximum extent practicable.” For information about PBSC, refer to OFPP’s Best Practices Handbook located at www.whitehouse.gov/omb.

Performance based contracts for service must include:

(a) Performance requirements that define the work in measurable, mission-related terms;

(b) Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements; and

(c) A Government QASP or other suitable plan that describes how the Contractor’s performance will…

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