2.2.1-RFP (Attachment 1 - PWS).pdf

U.S. Department of Homeland Security Immigration and Customs Enforcement

Performance Work Statement

1.0. Objective

The objective of this contract is to obtain comprehensive detention services as detailed below and as described within this document. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc.) and access to airport services for transportation requirements.

1.1. Background And Mission

ICE is responsible for the detention, health, welfare, transportation, and deportation of noncitizens in removal proceedings, and those subject to a final order of removal from the U.S.

The mission of ERO is to identify, arrest, and remove noncitizens, who present a danger to national security or are a risk to public safety, as well as those who enter the U.S. illegally or otherwise undermine the integrity of immigration laws and border control efforts.

In implementing its mission, ERO is responsible for carrying out all orders for the securing and departure activities of noncitizens who are designated in removal proceedings and for arranging for the detention of noncitizens when such becomes necessary and prescribed by law.

1.2. Scope Of Work

A contractor-owned/contractor-operated detention facility to house noncitizens on a 24 hour per-day, 7 day per week, 365 day per-year basis. The facility shall house approximately 550 males and 50 females of all security levels.

The detention facility shall provide safe and secure conditions of confinement based on the individual characteristics of a diverse population, including threat to the community, risk of flight, type and status of immigration proceeding, community ties, medical and mental health issues. The detention center shall provide easy access to legal services; abundant natural light throughout the facility; ample indoor and outdoor recreation that allows for vigorous aerobic exercise with extended hours of availability - a minimum of four hours per day of outdoor recreation; private showers and restrooms (where practicable);

cafeteria style meal service or satellite feeding; non-institutional non-citizen clothing; contact visitation (if applicable), including special arrangements for visiting families, with extended hours including nights and weekends; private areas for attorney-client visits, with video teleconferencing capabilities; noise control;

enhanced, but controlled freedom of movement (although the manner and degree of implementation may vary based on security levels); enhanced law library and legal resources (including computers with limited web access); and enhanced programming, including religious services and social programs and dedicated space for religious services.

Detention services shall be performed in accordance with optimal level of the most current version of the ICE Performance-Based National Detention Standards (PBNDS) 2011 with 2016 revisions. The current version is PBNDS 2011 revised in 2016 and is available at www.ice.gov/detention-standards/2011.

NOTE: Where ICE PBNDS 2011 is referenced in this document, it shall be interpreted to designate ICE PBNDS 2011 with 2016 revisions. The contractor shall also abide by the March 7, 2014, DHS regulation under the Prison Rape Elimination Act of 2003 (PREA; P.L. 108-79), Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (DHS PREA Standards) available at https://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf.

The contractor shall be responsible for obtaining and maintaining ACA ALDF accreditation.

Conformance with the ACA ALDF Standards is required on the first day of contract performance and http://www.ice.gov/detention-standards/2011 https://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf accreditation shall be obtained within 18 months from contract award. If the facility is already accredited, reaccreditation shall occur as required by ACA.

The contractor shall furnish all personnel, management, equipment, supplies, training, certification, accreditation, and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract.

The contractor shall provide fully operational radios assigned to each detention officer (including relief officers). The contractor shall maintain a serviceable, in stock, back up quantity of radios that are adequate for all staff and enough to cover backup staff and/or repairs and downtime.

The contractor will provide for the secure custody, care, and safekeeping of noncitizens in accordance with the state and local laws, standards, policies, procedures for firearms requirements, or court orders applicable to the operations of the facility.

The contractor shall enforce disciplinary actions against any noncitizen who is not in compliance with the rules and procedures of the facility in accordance with applicable ICE PBNDS 2011 rev. 2016 and applicable ICE policy.

In cases where there is a conflict in requirements, the most stringent shall apply. If the contractor is unable to determine which standard is more stringent, the COR shall determine the appropriate requirement.

The COR does not have the authority to modify the stated terms of the contract or approve any action that would result in additional charges to the government beyond what is stated in the contract line-item number schedule. The CO shall make all modifications in writing.

The contractor does not have a right of refusal and shall take all referrals from ICE. Exceptions may be allowed as determined by the COR or ICE designated official. For example: any noncitizen found to have a medical condition that requires medical care beyond the scope of the contractor’s health care provider.

In the case of a noncitizen already at the facility, the contractor shall notify ICE and request transfer of the noncitizen from the facility. The contractor shall permit ICE reasonable time to make alternative arrangements for the noncitizen.

DHS, ICE, federal entities, and third-party inspectors will conduct scheduled and unscheduled audits and inspections of performance to ensure contract compliance. Inspectors shall always have full access to the facility and in all areas of performance. The contractor shall provide full and complete cooperation for all requests related to detention oversight or investigation conducted by the government or third-party inspectors on behalf of the government.

Noncitizens are classified as High (Level 3), Medium-High (Level 2), Medium-Low (Level 1.5) or Low- Risk (Level 1). Upon discovery that a noncitizen may be a juvenile, the contractor shall immediately notify the COR and follow the instructions of the COR.

The contractor shall not house any non-ICE population at the facility without the expressed prior written approval of the CO.

1.3. Facilities

1.3.1. Detention Space

The facility shall meet, at a minimum, all ACA ALDF requirements and optimal levels of

PBNDS 2011 revised 2016 requirements.

The contractor shall provide for ICE processing/holding space operated in accordance with ICE policy 11087.1 Operations of ERO Holding Facilities:

https://www.dhs.gov/sites/default/files/publications/InstructionHandbook121-01- 007PersonnelSuitabilityandSecurityProgram.pdf).

The processing/holding space shall be for in-processing and out-processing of noncitizens and must have a minimum capacity of 24 standing noncitizens.

1.3.2. Business Permits and Licenses

The contractor shall obtain all required permits and licenses by the date of contract award. The contractor must (depending on the state’s requirements) be licensed as a qualified security service company in accordance with the requirements of the district, municipality, county, and state in which the facility is located. Throughout the term of this contract, the contractor shall maintain current permits/business licenses and make copies available for government inspection. The contractor shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards.

ICE will review and approve all design documents and conduct final inspections of the facility before occupancy. The contractor should also review the Attachment 2 – Contract Detention Facility Design Standards, Attachment 3 – EOIR Design Standards, and Attachment 4 – Structured Cable Plant Standard and comply as applicable.

1.3.3. U.S. Citizenship and Immigration Services (USCIS) Space

Administrative and support space for approximately 3 employees including approximately 3 offices. Offices must provide complete privacy (i.e. sound proofing) for asylum officers to conduct interviews.

1.3.4. Executive Office for Immigration Review (EOIR) Space

Refer to ICE/EOIR design standards for specific office and workstation sizes and specific furnishing requirements for a 600-bed facility. All furniture shall be furnished by the contractor in accordance with ICE/EOIR design standards. Support space includes:

a) 2 courtrooms and accompanying office and support space. Each courtroom should have the capability to hold live court as well as hold video tele-conferencing court.

b) 2 Judges Chambers (hard walled office)

c) 1 Court Administrator office

d) 4 Workstations

Note: A separate, ADA compliant, entrance for judges is required with complete security system and access to parking lot.

1.3.5. Office of Principal Legal Advisor (OPLA) Space

https://www.dhs.gov/sites/default/files/publications/InstructionHandbook121-01-007PersonnelSuitabilityandSecurityProgram.pdf https://www.dhs.gov/sites/default/files/publications/InstructionHandbook121-01-007PersonnelSuitabilityandSecurityProgram.pdf

Administrative and support space for approximately two employees including a minimum of three offices.

1.3.6. ICE Administrative Space

Administrative and support space for ICE staff of approximately 26 employees. Including approximately:

a) 4 offices

b) 22 workstations

c) File rooms

d) IT computer support rooms including specialized requirements for climate control of IT equipment

e) Employee break room

f) Conference room (with VTC capability)

g) Secure file room

h) Copier/fax/printer/shredder area

i) Male restroom (not used/shared with noncitizens)

j) Female restroom (not used/shared with noncitizens)

k) Training room

l) Gym/exercise room (including male/female showers and lockers in separate rooms

m) Firearms locker

The contractor is required to provide ICE office and support space at or immediately adjacent to the detention facility.

All office, administrative, support and multiple use space shall be complete with appropriate electrical, communication, and phone/fax/video tele-conference (VTC) connections. VTC connections shall use a primary rate interface T1 connection, at a minimum.

The ICE administrative space shall be clean, free from mold, climate controlled, with a Heating, Ventilation, and Air Conditioning (HVAC) thermostat located outside a private office (within open space) controlling no more than 2,000 square feet. The ICE administrative space shall be separate from, but accessible to, housing units and the centralized visiting area. The ICE administrative space shall be secure and inaccessible to contractor staff, except when specific permission is granted by on-site ICE staff. The contractor shall be responsible for all maintenance, security, and janitorial costs associated with the ICE administrative space. All ICE administrative and support space shall be cleaned daily (between the hours of 8 a.m. and 4 p.m.)

by government cleared contractor janitorial staff. The contractor is responsible for coordinating clearance activities for their janitorial staff with the government and for costs associated with clearance.

1.3.7. Additional Requirements For ICE Administrative Office Space

All furniture and case goods shall be furnished by the contractor. Any systems furniture, such as cubicles, shall be electrically hardwired to the building electrical support by the contractor, and have bottom raceways for data and telecommunications. The systems furniture must have knockouts within the bottoms raceways as well as numerous grommets within the work surface.

The system furniture must have some universal requirements for a workspace to include a desk, chair, desk storage, overhead storage (with locking flipper doors) and lighting capacity under the overhead storage.

Cubicles should be a standard size of a minimum of 190 usable square feet, unless otherwise authorized by the COR.

The government will provide and install IT equipment for government office spaces.

The contractor is responsible for providing phone/fax/Internet/VTC services and responsible for the costs for such services.

1.3.8. Parking Requirements

The contractor shall provide hard surface (concrete) parking for all ICE employees and visitors at no additional cost. The contractor must provide no fewer than 32 spaces for ICE employee parking in a secure surface (concrete) striped parking lot. The ICE employee parking shall be well lit and shall drain well. The ICE employee parking shall have reserved spaces painted as directed by the COR or designated ICE official. The ICE employee parking shall have an automated entrance and exit gate, operated by the contractor-provided building access badge system.

The contractor shall provide an on-site hard surface (concrete) parking lot for visitors. Street parking for ICE visitors is not acceptable.

1.4. Armed Transportation Services

The contractor shall provide all such ground transportation services as may be required to transport noncitizens securely, in a timely manner, to locations as directed by the COR or designated ICE official, including transportation to various appointments. Regular transportation to key sites shall be provided as necessary and additional transportation requirements as requested by the COR or designated ICE official.

When officers are not providing transportation services, the contactor shall assign the employees to supplement security duties within the facility. However, the primary function of these officers is transportation. See Attachment 5 – Anticipated Transportation Routes.

The contractor shall assign, at a minimum, two-person teams of transportation officers available 24-hours, 7 days a week, including weekends and holidays. When transporting noncitizens of the opposite gender, assigned transportation staff shall call in their time of departure and odometer reading; and then do so again upon arrival. Except in emergency situations, a single transportation staff member may not transport a single noncitizen of the opposite gender. Further, if there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender as the noncitizen(s) must be present.

The contractor shall furnish suitable vehicles in good condition, approved by the government and in accordance with the PBNDS 2011 requirements. The contractor shall comply with all federal and state laws regarding inspections, licensing, and registration for all vehicles used for transportation. The contractor shall provide parking spaces at the facility for the transportation vehicles.

The contractor is not restricted from acquiring additional vehicles as deemed necessary by the contractor at no cost to the government. The contractor shall not allow employees to use their privately-owned vehicles to transport noncitizens. The contractor shall furnish vehicles equipped with interior security features in accordance with PBNDS 2011 rev. 2016. Vehicles furnished by the contractor shall be equipped with interior security features such as, but not limited to door lock controls, window locks, a wire cage with acrylic panel between the driver seat and the rear passenger seats and provide physical separation of noncitizens from transportation officers. The contractor shall provide the interior security specification of the vehicles to ICE for review and approval prior to installation or utilization.

Personnel provided for transportation services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as other contractor detention officer personnel. Transportation officers shall have the requisite state licenses for commercial drivers with the proper endorsement limited to vehicles with automatic transmission and meet the federal and state licensing requirements.

All transportation detention officers shall be armed.

The contractor shall supply and maintain restraint equipment, per PBNDS 2011 Standard 1.3 “Transportation (by Land).” ICE personnel reserve the right to approve such restraint equipment, as well as the right to inspect such equipment.

The contractor shall comply with ICE transportation standards related to the number of hours the contractor employee may operate a vehicle. Overnight lodging resulting from transportation services shall be approved in advance by the COR or designated ICE official; overnight lodging expenses shall be billed at rates not to exceed the applicable General Services Administration (GSA) per diem rates.

Transportation shall be accomplished in the most economical manner and in accordance with the applicable GSA per diem rates.

The contractor shall, upon order of the COR, or upon a decision in an urgent medical situation, transport a noncitizen to the hospital. An officer, or officers, shall keep the noncitizen under constant supervision 24 hours per day until the noncitizen is released from the hospital, or at the order of the COR. The contractor shall transport the noncitizen to the detention facility.

The COR may direct the contractor to transport noncitizens to unspecified, miscellaneous locations, within a 180-mile radius of the facility.

If the COR or ICE-designated official provides documents to the contractor concerning a transported or escorted noncitizen(s), the contractor shall deliver these documents only to the named authorized recipients or his or her designee. The contractor shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient.

The contractor shall establish a fully operational communication system compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. The contractor shall provide a secondary form of communication in the event the primary form of communication becomes inoperable while in transit.

The contractor shall provide fully operational radios assigned to each contract officer (including relief officers). The contractor shall maintain a serviceable, in stock, back up quantity of radios that are adequate for all staff and enough to cover backup staff and/or repairs and downtime.

The transporting of noncitizens shall not be limited to any specific classification level and may potentially include juveniles and family units.

ICE anticipates normal transportation requirements other than hospital visits and local needs. In addition to unspecified or miscellaneous locations, the facility must support transportation to and from locations as directed by ICE COR or designee. All transportation reports must be submitted to the COR within two business days of trip completion.

Monthly Status Report: This report will include at a minimum the information required for each G-391 for every trip as indicated in the G-391 Upload template (see Attachment 6 – G-391 Upload Template and Attachment 6A – G-391 Data Collection Categories and Descriptions). A breakdown of hours and personnel will also be provided and divided into transportation guard hours and stationary guard hours.

This breakdown will be provided monthly in the contractor’s format along with the G-391 upload template and provided to the COR. A breakdown of vehicles used (year, model, and capacity) will also be required if using contractor-owned vehicles. This information will be available electronically to government users and submitted in addition to the invoice each month. The government reserves the right to update the attached G-391 Upload template or to provide an updated means of uploading transportation data to fix issues, expand capabilities, and improve performance of the worksheet.

If ICE authorizes the contractor to use government furnished vehicles, the following requirements apply to this contract.

a) ICE will provide the contractor with government vehicles and government fleet cards (for the purchase of fuel) for the purpose of transporting noncitizens to and from ICE designated facilities, or alternative transportation sites. The vehicles assigned for this purpose will remain the property of the government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered by the government’s Fleet Management Program.

b) The contractor agrees to be responsible to reimburse ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the contractor, its employees and or persons acting on behalf of the contractor. The contractor shall be responsible to promptly report any accidents or damage to the government vehicles in accordance with any ICE policies that pertain to reporting such damage. The contractor agrees to fully cooperate and assist ICE in making any claims against a third party at fault for causing the property damage to the government vehicles.

c) In addition, the contractor agrees to hold harmless, indemnify, and assume financial responsibility for any claims or litigations filed by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the contractor, agents, or other persons acting on behalf of the contractor. The contractor agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the contractor employees or agents, the contractor agrees to reimburse ICE for said settlement or adverse judgment.

d) In order for ICE to maintain accurate fleet records of the transportation services, the contractor shall complete specific documentation that will be provided by ICE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used.

e) The COR will provide forms to the contractor to request and authorize routine maintenance of vehicles.

f) The contractor shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees, or licensing expenses made necessary by the loss of any paperwork associated with the vehicles.

1.5. On-Call Stationary Guard Services

The contractor shall provide on call guard services as requested by the COR or ICE-designated official and shall include, but is not limited to, escorting and guarding noncitizens for medical or doctor appointments; hearings; ICE interviews; and any other remote location requested by the COR or designated ICE official. Qualified guard personnel employed by the contractor under its policies, procedures, and practices will perform such services. The contractor agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, noncitizen monitoring, visitation, and contraband control. Such assignments may include but are not limited to medical appointments of noncitizens. The noncitizen shall be kept under constant supervision. Public contact is prohibited unless authorized in advance by the COR.

The numbers and frequency of these services shall vary, but to the extent possible, the COR or ICE-designated official shall notify the contractor four hours in advance of such need and of a schedule for the remote post to be manned. The contractor shall provide, at a minimum, two officers for each remote post unless the COR specifies additional guards are required.

The following is applicable to the above posts:

a) All on call posts require at least one guard that is of the same sex as the noncitizen.

b) Additional officers for each post may be required at the direction of the COR.

c) All meals shall be provided by the contractor when the noncitizens(s) are in the custody of the contractor.

d) The contractor is responsible for providing security and preventing escapes.

1.6. Notification and Public Disclosures

There shall be no public disclosure regarding this contract made by the contractor (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs. The government considers such information privileged or confidential.

1.7. Records, Visits and Disclaimers

All records related to contract performance shall be retained in a retrievable format for the duration of the contract. The contractor shall, upon completion or termination of the contract, transmit to the government any records related to performance of the contract, in a format acceptable to the CO.

The contractor shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Records and information management functions are required and mandated by the following laws and regulations: Chapters 21, 29, 31, and 33 of Title 44, U.S. Code;

36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A-130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, U.S. Code.

All noncitizen files are to be prepared, maintained, retired, and disposed of in accordance with ICE policy. Policy and procedures shall be developed to ensure the confidentiality and security of all non-citizen files. The contractor shall be responsible for non-citizen record keeping services and personal property. See Attachment 7 – Personal Property Operations Handbook.

The contractor shall safeguard all records related to the operation of the facility.

Except as provided below in the below paragraph, all records acquired or generated by the contractor in the contracting process or its performance of this contract or as a result of this contract, including records classified as Privacy Act systems of records, are federal records under the control of ICE and all determinations regarding the disclosure of this information will be made by ICE in accordance with applicable federal laws, regulations, policies, and executive orders or as ordered by a court.

ICE will comply with the provisions set forth in 6 C.F.R §5.7 “Confidential Commercial Information,” as applicable, in the event ICE intends to release the contract documents or any information relating to this contract, including clause (e) “Opportunity to Object to Disclosure” thereof. Insofar as any documents created by the contractor contain any information related to one or more ICE noncitizens, these records shall be the property of the ICE and all determinations regarding the disclosure of this information will be made by ICE in accordance with applicable federal laws, regulations, policies, and executive orders or as ordered by a court. To the extent the contractor intends to release the contract or any information relating to the contract, the contractor agrees to coordinate with the CO and obtain ICE concurrence prior to any such release

Contractor-owned records are considered the property of the contractor and are not within the scope of the paragraph above. Contractor-owned records include the following:

a) contractor’s employment-related records,

b) contractor’s patents, copyright, and trademark applications, where the contractor has elected rights or has permission to assert rights and has not relinquished such rights or turned such rights over to the government,

c) contractor’s non-public financial records not related to the performance of this contract, and

d) contractor’s records that are not related to performance of this contract.

All records acquired or generated by the contractor related to this contract and in possession of the contractor, including those described in the two paragraphs above, shall be subject to inspection, copying, and audit by the government or its designees at all reasonable times, and the contractor shall afford the government or its designees reasonable facilities for such inspection, copying, and audit; provided, however, that upon request by the CO, the contractor shall deliver such records to a location specified by the CO for inspection, copying, and audit. The government or its designees shall use such records in accordance with applicable federal law, regulation, and policy (including, but not limited to, the Privacy Act), as appropriate.

This clause applies to all records created, received and maintained by the contractor without regard to the date of origination of such records, including all records acquired from a predecessor contractor or predecessor contract or intergovernmental service agreement. The requirements of this clause shall flow down to all sub-contractors of the contractor in performance of this contract.

The contractor shall notify the COR when a member of the U.S. Congress or any media outlet requests information or makes a request to visit the facility. The contractor shall coordinate all public information related issues with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs, which can be reached through the Internet website:

http://www.ice.gov/about/news/contact.html.

http://www.ice.gov/about/news/contact.htm

The contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees’ opinions do not necessarily reflect the position of the U.S. government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations.

1.8. Federal Judiciary

Policy and procedures shall be developed which ensure a positive relationship is maintained with all levels of the federal judiciary. The contractor’s procedures shall ensure a tracking system is established which mandates that all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and contractor responses, specifically related to a noncitizen, shall be made part of the noncitizen’s A-file.

1.9. Quality Control Plan (QCP)

The contractor is responsible for management and actions necessary to meet the standards set forth in the contract. The contractor shall provide an overall QCP that addresses critical operational performance standards for the services required under this contract. The contractor shall provide a QCP to the CO and the COR for concurrence not later than the post award conference (or as directed by the CO). The CO will notify the contractor of concurrence or required modifications to the plan before the contract start date. The QCP shall ensure that services will be maintained at an acceptable level. At a minimum, the contractor shall review and update the QCP on an annual basis or as required. The QCP shall identify deficiencies, appropriate corrective action(s), and timely implementation plan(s) to the COR.

1.10. Contractor’s Failure to Perform Required Services

The rights of the government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the government reserves its rights under the inspection of services and termination clauses. Any reductions in the contractor’s invoice shall reflect the contract’s reduced value resulting from the contractor’s failure to perform required services. The contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

1.11. Performance Evaluation Meetings

The contractor’s representatives shall meet with the COR monthly or as deemed necessary by either party. These meetings will provide a management level review and assessment of contractor performance, and a discussion and resolution of problems.

1.12. Personnel And Staffing

1.12.1. Employment Eligibility

The contractor shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels. The contractor shall assure that employees meet the standards of competency, training, appearance, behavior, and integrity. The contractor will affect disciplinary or adverse action against employees who disregard those standards.

Screening criteria under DHS Instruction 121-01-007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto, that may exclude contractor employees from consideration to perform under this contract includes:

a) Misconduct or negligence in employment.

b) Criminal or dishonest conduct.

c) Material, intentional false statement or deception of fraud in examination or appointment.

d) Refusal to furnish testimony as required by 5 CFR § 5.4 (i.e., a refusal to provide testimony to the Merit Systems Protection Board or the Office of Special Counsel).

e) Illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation.

f) Alcohol abuse, without evidence of substantial rehabilitation, of a nature and duration that suggests that the applicant or appointee would be prevented from performing the duties of the position in question or would constitute a direct threat to the property or safety of the applicant or appointee or others.

g) Knowing and willful engagement in acts or activities designed to overthrow the U.S.

government by force.

h) Any statutory or regulatory bar which prevents the lawful employment of the person involved in the position in question.

i) Any other nondiscriminatory reason that an individual’s employment (or work on a contract) would not protect the integrity of promote the efficiency of the service.

The contractor shall agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The contractor shall be responsible to the government for acts and omissions of his own employees and for any subcontractor(s) and their employees.

Subject to existing law, regulations, and/ or other provisions of this contract, illegal or undocumented noncitizens 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.

1.12.2. Facility Staffing Plan, Floor Plan and Key Personnel

The contractor shall have a staffing plan to effectively staff the facility in a safe and secure manner. The number, type and distribution of staff as described in the staffing plan shall be maintained throughout the term of the contract. Written requests to change the number, type and/or distribution of staff described in the staffing plan must be submitted to the CO and the COR, for approval prior to implementation and incorporation into this contract. Staffing levels shall not fall below a monthly average of 85% for custody staff, 80% for health services staff, and 85% for all other departments of the approved staffing plan. The approved staffing levels for detention officers (custody) shall not fall below a monthly average of 85%. Staffing levels for all departments other than custody and health services will be calculated in the aggregate. If the contractor does not provide health services, the health services staffing level does not apply.

Each month, the contractor shall submit to the COR the current average monthly vacancy rate and indicate any individual positions that have been vacant more than 120 calendar days. Failure to fill any individual position within 120 calendar days of the vacancy may result in a deduction from the monthly invoice. In assessing deductions. ICE may also consider costs associated with overtime used to cover vacant positions.

Each month, the contractor shall submit to the COR any key personnel that will be absent from the facility for over five working days. If the key personnel will be absent for over five working days and the contractor will not provide an “acting” position to backfill that key personnel position during the absence, the CO has the right to make a deduction based on the salary and benefits of the absent key personnel position.

1.12.2.1. Minimum Staffing Requirements

Exclusive of the agreed upon ramp periods, the contractor shall fully staff the facility to secure, control, and supervise noncitizens in custody regardless of the population. The contractor shall ensure daily detention officer assignment rosters, by shift, are maintained.

The assignment rosters shall indicate the number of staff, job titles, names, hours, and days of work for each post. The daily roster shall be posted 24 hours in advance. Shift rosters must be provided to the COR daily.

1.12.2.2. Supervisory Staffing

The contractor is responsible for the satisfactory supervision of its employees at all times.

Satisfactory supervision includes verifying attendance at all posts and positions and upholding the work requirements of all personnel assigned under the contract. The contractor shall provide the COR with the names of supervisory detention officers designated by the contractor before commencement of services.

In the absence of the facility administrator, another qualified person who meets the position and security clearance requirements shall temporarily fill that position. This individual shall perform job duties of the facility administrator and interface with the CORs and/or designated ICE Officers and the CO on all contract-related matters.

1.12.2.3. Key Personnel

The CO shall provide written approval before any employee is assigned as key personnel to perform duties under this contract. The contractor shall have key personnel employed and available for duty before the contractor can begin contract performance. Any subsequent changes to key personnel must meet these criteria and be approved in writing by the CO. The following are considered key personnel for the contract. The contractor may use other titles.

a) Warden/Facility Director. The warden/facility director shall hold an accredited bachelor’s degree in an appropriate discipline, or significant military or corrections experience of a minimum 15 years, and have at least five years of related administrative experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor’s degree, as practiced in the federal hiring process. The official holding this position, even in an acting capacity, shall meet ACA requirements.

b) Assistant Warden/Assistant Facility Director. The assistant warden/facility director shall hold an accredited bachelor’s degree in an appropriate discipline or have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The official holding this position, even in an acting capacity, shall meet ACA requirements.

c) Supervisory Detention Officers. Supervisors must have a minimum of one year of experience as a detention officer and two years of successful experience in field supervision (e.g., civilian community law enforcement, commercial or industrial guard service, or security service supervisory positions). The two-year requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the basic requirement, as practiced in the federal hiring process.

d) Training Officers. Certified instructors shall conduct all instruction and testing of contractor personnel. A state or national level recognized institution certification of instructors is mandatory unless otherwise approved in writing by the COR. Certification of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COR must approve the instructor prior to any training.

e) Quality Assurance Manager. The quality assurance manager shall hold an accredited bachelor’s degree in an appropriate discipline or have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility.

f) Corporate Security Officer: The corporate security officer 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.

1.12.2.4. Facility Floor Plan and Guard Post Map

The contractor shall provide a facility floor plan which clearly identifies all recommended detention guard posts and corresponding guard shift requirements (e.g., 24/7, 8 hours M – F, weekend-only, etc.). The floor plan shall be submitted with the facility staffing plan and shall be approved by the CO/COR prior to commencement of services under this contract.

Changes to the guard posts or shift requirements shall be approved by the CO/COR.

1.12.2.5. Organizational Chart

The contractor shall provide an organizational chart that describes the structure of authority, responsibility, and accountability within the facilities. The contractor shall update this chart as necessary. The contractor shall make the chart available for review by the CO or COR upon request.

1.12.2.6. Health Requirements for All Detention Officers

The contractor is solely responsible for ensuring employees can perform essential functions described within this contract, with reasonable accommodation, if applicable. All officers who work under this contract shall pass a medical examination conducted by a licensed physician within 30 days prior to initial assignment.

The contractor shall have a collaborative agreement with a fully licensed certified independent clinic and laboratory for the purpose of accomplishing the Standard Form 88, Medical Record – Report of Medical Examination. Transportation officers will require both SF 88 and DOT 649F (DOT physical).

1.12.3. Employee Health and Health Records

https://www.osha.gov/law-regs.html https://www.osha.gov/Publications/QandA/osha3160.htm

Employee health files for all contractor employees must be maintained on-site, in a locked cabinet. Health files are to be maintained in accordance with DHS and ICE Privacy Policies and the Privacy Act of 1974 and contain the following documents:

a) Initial and annual tuberculosis (TB) infection screening results.

b) Vaccination records including results, titers, and Immunization Declination Form(s).

c) OSHA 301 Incident forms.

d) Blood borne pathogen exposure documentation.

e) Respirator medical clearance.

f) Respirator fit test results.

g) Other employee health documents.

The contractor may initiate employment of an individual who has initiated the required vaccines schedule, and the individual hired may begin work on the contract as long as they meet all subsequent vaccine schedule requirements until fully vaccinated.

1.12.3.1. Required Documentation

All contractor personnel must provide documentation regarding the following:

History of testing for TB within the last 12 months:

a) Chest x-ray if employee has a history of latent TB infection (LTBI), treatment history for LTBI or TB disease, if applicable.

b) Additionally, on an annual basis and at own expense, the contractor shall provide a current tuberculin skin test or interferon-gamma release assays test result if the employee previously tested negative for LTBI, evaluation for TB symptoms if the employee previously tested positive for LTBI and follow up as appropriate in accordance with Centers for Disease Control and Prevention (CDC) guidelines.

1.12.3.2. Recommended Immunizations

Individuals employed by the contractor in a custody or detention environment are at significant risk for acquiring or transmitting Hepatitis B, measles, mumps, rubella, varicella and seasonal influenza. These diseases are vaccine preventable. Therefore, the following vaccinations are highly recommended for the contractor’s personnel. If staff decline or refuse any of these recommended vaccines, an Immunization Declination Form is required, and the COR must be notified of the refusal. ICE reserves the right to refuse contractor employees that refuse vaccines.

a) Hepatitis A https://www.osha.gov/law-regs.htm http://www.osha.gov/Publications/QandA/osha3160.html

b) Hepatitis B

(Note: The U.S. OSHA Blood-borne Pathogens Standard requires employers to provide employees at risk of occupational exposure to blood and other potentially infectious material with the Hepatitis B vaccination series. Refer to OSHA regulations:

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a) Varicella.

b) Measles, Mumps, Rubella.

c) Diphtheria, tetanus, a-cellular pertussis.

d) Annual seasonal influenza.

The contractor’s personnel will provide immunization documentation or titer results to the health services administrator or the employer’s designee for placement in the employee health file. It is recommended that the CDCs Immunization of Healthcare Workers: Recommendations of the Advisory Committee on Immunization Practices and the Hospital Infection Control Practices Advisory Committee be used as a reference for employee health immunization issues.

The Medical Record – Report of Medical Examination, Standard Form 88, shall evidence the physical fitness of each detention officer. If requested by the COR, the contractor shall make medical records of contract employees available for review. The contractor will keep one duplicate copy of each Standard Form 88. Prior to the officer’s initial assignment or reassignment to the facility, the contractor shall certify in writing to the COR that each detention officer is in full compliance with the following:

a) Staff shall not have diseases that may be transmitted to and result in the disablement of other persons and shall be physically and mentally able to perform the essential functions of their position, either with or without reasonable accommodation, and without creating a significant risk of substantial harm to the health or safety of that officer or others, which risk cannot be eliminated or reduced by a reasonable accommodation.

b) Detention officers are required to have the following: (a) correctable distant vision must be equal to or better than 20/20 in each eye; (b) binocular distant vision must be correctable to 20/20; (c) monocular vision is generally disqualifying; depth perception must be equal to or better than 70 seconds of arc; (d) peripheral vision must be normal;

(e) color vision must be normal. Acceptable measure of color discrimination is the Ishihara color (14 plates). X chrome lenses are not acceptable to ICE as a means of correcting color deficiencies. Any disease or condition, which interferes with a person’s vision, may be considered disqualifying. Cases will be reviewed on a case-by-case basis by the COR.

c) Detention officers are required to be able to hear in the frequency range from 500-2000 hertz (Hz), the deficit should not exceed 30 decibels in either ear. At 3000 Hz, the deficit should not exceed 40 decibels in either ear. Any disease or condition, which interferes with the ability to hear, may be considered disqualifying. Cases will be reviewed on a case-by-case basis by the COR.

d) Detention officers shall not have heart, lung, skeletal, or other physical defects that would impair their ability to perform effectively in either normal or emergency situations.

e) Detention officers shall possess unimpaired use of hands, arms, legs, and feet.

detention officers shall be able to run when necessary and be capable of handling portable fire extinguishers, building fire hoses, and related equipment.

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f) Detention officers shall be able to wear all necessary equipment, or other protective items.

g) Officers shall be mentally alert and emotionally stable with an absence of detectable neurotic or psychoneurotic conditions that would affect their ability to act during a stressful situation involving mental stress.

h) As required by the Occupational Safety and Health Administration, 29 CFR, Part

1910.1035 (Occupational Exposure to Tuberculosis), all employees in occupations with high-risk exposure are required to have a TB Skin Test completed annually. The contractor shall accomplish a baseline test on all newly hired employees. Each employee must have a TB Skin Test Certificate prior to entering on his/her first day of duty. The contractor shall be responsible for re-testing of employees annually.

i) The contractor shall report immediately any changes to (1) through (8) above, in a detention officer’s health status to the COR. If the COR determines that contractor employees do not meet minimum health standards, the contractor’s employee must undergo a “Fitness for Duty” examination at no cost to the government.

j) Officers must have no hearing defects or no hearing defects with the use of a correctable device.

1.12.4. Random Drug Testing

The contractor shall…