SECTION_C-70CDCR19R00000006.docx

OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS

CUSTODY MANAGEMENT DIVISION

TRANPORTATION SERVICES FOR UNACCOMPANIED CHILDREN & ACCOMPANIED CHILDREN AS FAMILY UNITS

PERFORMANCE WORK STATEMENT

(13 May 2019)

PART 1

I. Background A. Introduction

U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), has a continuing and mission-critical responsibility for transporting apprehended aliens from U.S. Customs and Border Protection (CBP) and other agencies. Among the groups of aliens transferred from CBP to ICE are unaccompanied alien children (UAC) and accompanied children as family units (FAMU). ICE is responsible for transporting these juveniles to the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) shelters located throughout the continental United States and accompanied children as family groups into Family Residential Centers (FRCs) in Texas and Philadelphia.

The Immigration and Nationality Act (INA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 and 2013 provide certain safeguards aimed at protecting UAC encountered within the United States or at its borders or ports of entry. The law requires that certain U.S. government agencies develop policies and procedures to protect UAC in the United States from traffickers and, when appropriate, safely repatriate UAC to their country of nationality or last habitual residence.

DHS places those UAC who cannot be returned immediately, as well as all UAC from countries other than Mexico or Canada, in removal proceedings under § 240 of the INA. DHS then transfers the UAC to the care and custody of HHS/ORR. ORR houses UAC in children’s shelters, staff-secure facilities, and secure facilities. ORR also maintains bed space in residential treatment facilities for children with special needs. ORR places young UAC, as well as UAC who are accompanied by their own children, in foster care, where they may apply for various immigration benefits through U.S. Citizenship and Immigration Services (CIS), including asylum and other programs designed to assist victims of crime, abuse and neglect, domestic violence, and human trafficking.

The volume of UAC apprehensions and FAMUs continues to create numerous operational challenges for DHS components; CBP and ICE continue to work on ways to improve the processing and transfer of this vulnerable population. ICE transports UAC and FAMUs via ground, commercial air, and charter flights.

ICE estimates that approximately 45,000 UAC will be transported per year including: 88% air transportation, 12% ground transportation. ICE estimates that approximately 15,000 family units or more will be transported by per year: 92% commercial or charter air and 8% local ground transportation.

UAC and FAMU apprehensions have increased each fiscal year (FY). Throughout FY 16, 17, and 18, ICE transferred over 143,000 UAC and FAMU individuals from various cities to various locations. Each origin location is unique and can occur nationwide. Occasionally, travel is between multiple locations that may occur more than once or twice, but there are no set routes that happen on a regular basis.

Infrequently, charter flights are required to transport UACs or FAMUs. This type of transfer is dependent upon whether or not an ORR facility or FRCs has enough bed space for a large capacity of UAC or FAMUs. FY18 data shows that there were 17 charter flights. These flights moved a total of 3,338 UACs and FAMUs.

The BP Rio Grande Valley (RGV), El Paso and Phoenix Sectors accounted for a disproportional percentage of the increase in overall apprehensions. In the past three FYs, the majority of the transportation has been in the ERO San Antonio (SNA) Harlingen (HLG) sub-office where RGV BP Sector is located. This has been where majority of UAC are transported with El Paso coming in second and Phoenix coming in third. These hubs account for 95% or more of all escorted commercial transfers as places of origin. There are no significant destination hubs, as the transportation movements are on an open-bed basis.

ORR generally identifies the placement location for a UAC within four to six hours of initial notification. ORR maintains beds throughout the U.S. continental with approximately 85% (in FY 2018) in states along the Southwest Border. In recent years, ORR vastly increased its UAC capacity from under 2,000 beds in September 2011 to over 16,000 beds in September 2018. As of October 2018, ORR has increased its UAC capacity to 16,051 beds. Under current law and regulation, ICE does not have authority nor is responsible to detain unaccompanied children over 72 hours (Trafficking Victim’s Protection Reauthorization Act of 2008 & Flores Stipulated Agreement of 1994).

ORR has the sole authority to determine where ORR shelters will exist and where a UAC will be placed for long-term care. The locations of ORR shelters will likely shift depending on ORR’s contracting methods. In some cases, ORR may not provide ICE with much advance notice as to when a new shelter opens. The Contractor shall be prepared to transport UAC to any location nationwide without delay.

B. Need

ICE is seeking the services of a highly responsible contractor that fully embraces the philosophy of treating all UAC and FAMUs with dignity and respect, while adhering to standard operating procedures and policies that allow for effective, efficient, and incident-free transport. The Contractor shall provide unarmed escort staff, including management, supervision, manpower, training, certifications, licenses, drug testing, equipment, and supplies necessary to provide on-demand escort services for non-criminal/non-delinquent UAC and FAMUs ranging from infants to 17 years of age and adults with a family, seven (7) days a week, 365 days a year. Transport will be required for UAC or family groups, to include both male and female juveniles. It is critical for the contractor to provide staff who are well qualified and trained to work with this vulnerable population.

UAC escort vary significantly in lead times and demand, as some days can have no demand, while others have a short turnaround time. Demand occurs on both weekdays and weekends, and escorted travel may include up to two overnights of travel. For this reason, the Contractor shall have an on-call, flexible, responsive, and well-trained staff to meet ERO requirements. ICE estimates that approximately 60,000 commercial airline tickets will be acquired by the Contractor. It is the responsibility of the Contractor to purchase all commercial plane tickets, and sometimes coordinate charter flights with COR’s approval.

Sometimes, the contractor will have to plan commercial or charter flights in a period of less than 24 hours. In FY18, 11% of commercial flights were cancelled due to unforeseen events such as last-minute weather, or delays. The Contractor shall coordinate follow-up logistics when these instances occur. In some situations, such as flight delays, cancellations, etc.; the time the contractor maintains custody of the UAC or family unit may be extended. In limited cases, overnight housing may be required. Use of the contractor’s staging/waiting room satellite office space will be limited to 12 hours or less, and allow for ready access to food, water, clean clothes, hygiene products, and comfortable furniture. ICE estimates that about 16,000 Transportation Specialists flights will be purchased to accompany UAC or FAMUs on air transportation. In addition to coordinating air transfers, the contractor is required to move UACs and FAMUs to various destinations by ground transportation. In FY18, individuals were transported 1.86 million miles.

Transportation services under this contract shall include, but are not limited to, assisting with:

1. Transferring physical custody of UAC from DHS to Health and Human Services (HHS) care via ground or air methods of transportation (charter or commercial carrier);

2. Transferring physical custody of FAMUs to ICE ERO Family Residential Centers (FRCs) via ground or air methods of transportation (charter or commercial carrier);

3. Coordinating/communicating with DHS and HHS staff;

4. Travel coordination and logistics;

5. Generating transport documents, records, and reports;

6. Acquiring and providing UAC & FAMUs with timely meals, snacks, and drinks;

7. Providing and issuing clothing and other articles as needed;

8. Providing, seeking or coordinating medical care if a UAC & FAMU becomes ill while in transit;

9. Property inventory;

10. Maintaining/stocking daily supplies;

11. Drafting reports; and,

12. Limited stationary guard services to accommodate for trip disruptions due to inclement weather, faulty equipment, transport disruptions, or other exigent circumstances.

C. Contract Type

1. The Government anticipates awarding a five-year Time and Material (T&M) Single Award Indefinite Delivery, Indefinite Quantity (IDIQ) contract vehicle consisting of a one-year base period, and four (4) one-year option periods.

2. The provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards (formerly known as the Service Contract Act of 1965), the applicable provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201, et seq.), and related Secretary of Labor regulations and instructions (29 CFR Parts 4, 6, 8, and 1925) are applicable to this acquisition. All required clauses, provisions shall be included in the solicitation and resulting contractual instrument.

D. Place of Performance

1. Service Area: Nationwide. Services are unpredictable and can occur in any location in the nation.

E. Current UAC & FAMU Transport

Currently, ICE/ERO operates a Contractor-led Transport for UAC and FAMUs transportation initiative to support ERO Field Offices in moving this population to ORR shelters or ICE Family Residential Centers within the interior of the United States. The Contractor coordinates directly with DHS and HHS for operational arrangements and estimated time of arrival notice. The Contractor and all ICE personnel are required to meet the statutorily mandated 72-hours transfer requirements from pick up to drop off. Personal property and personal legal documents (excluding the DHS A-file or T-file) accompany the UAC to the ORR placement facility. For FAMUs personal property and personal legal documents (including DHS A-files or T-files) accompany the FAMU to the Family Residential Centers (FRCs).

II. Definitions and Links

See Part: 2 of this document III. Objectives

The objective of this contract is to provide highly-structured, efficient transportation for UAC and FAMU from their point(s) of entry/staging location(s) across the nation to ORR shelters or FRCs, for the purpose of family reunification or long-term care.

IV. Period of Performance

The period of performance for this contract includes a 12-month base period and four 12- month one-year options.

V. ICE Standards/Special Requirements

The Contractor is required to perform in accordance with all ICE policies and legislative requirements related to the transportation of UAC and FAMUs including but not limited to the ICE Performance-Based National Detention Standards (PBNDS 2011), the ICE Family Residential Standards, the Juvenile and Family Residential Management Unit Field Office Juvenile Coordinator Handbook, the Flores Settlement Agreement, the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, and the Homeland Security Act of 2002. ICE Inspectors shall conduct continued and ongoing inspections of Contractor led escorts to ensure compliance with the aforementioned standards.

Personnel shall have the knowledge and experience necessary to transport individual children with special needs. Children with special needs may require transportation methods that save time and are direct (e.g., transport by commercial airline without layovers). Additionally, in the event of exigent circumstances, the Contractor shall be required to transport UAC or FAMUs via ground to Hub airports or other staging areas that are not located within the area of initial apprehension. In all such cases, the Contractor shall provide UAC and FAMUs with access to medical care as needed.

VI. ICE’s Commitment to the Best Interests of Children

ICE is committed to treating all individuals in its care with respect and dignity and gives full consideration to the inherent vulnerabilities of children. ICE expects the Contractor to incorporate these same principles in its policies and procedures and demonstrate them through its actions. In all cases, the best interest of the child shall be the primary consideration, and children are to be treated with special consideration for their unique needs—to include their safety, security, well-being, and immediate physical health needs.

It is ICE policy to provide effective safeguards against sexual abuse and assault of all individuals in ICE custody, particularly in matters related to screening, staff training, detainee education, response and intervention, medical and mental health care, reporting, investigation, and monitoring and oversight. ICE has zero tolerance for any forms of sexual abuse and assault. ICE is fully committed to following the DHS “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities,” 79 Fed. Reg. 13100, which were promulgated pursuant to the Prison Rape Elimination Act of 2003 (PREA) and its own Sexual Assault and Abuse Prevention Intervention (SAAPI) policies.

ICE’s SAAPI Directive defines custody as the period of time during which a person (1) has been detained by ICE under its administrative and/or criminal authorities, (2) is physically present in an ICE owned, leased, or contracted detention facility pursuant to such authorities, or (3) is being transported by ICE (including for purposes of removal from the United States) pursuant to such authorities. The Contractor shall be well versed in these materials and shall actively incorporate their underpinnings in all its practices.

A. Contractor’s General Knowledge of and Experience with UAC & FAMU

The Contractor shall have the knowledge and experience necessary to provide transportation services for UAC and families from infancy up to age 17 and adult for head of house hold. This includes having a firm understanding of the applicable laws and regulations pertaining to UAC, knowledge of childhood and adolescent development.

The Contractor shall have the personnel and infrastructure necessary to transport UAC and FAMUs either individually or in groups. Both male and female UAC shall be transported, and the Contractor shall maintain sufficient staffing patterns such that same-gender staffs are available to assist transport of males and/or females. In FY18, 12,209 females and 29,169 males were transported by air or ground.

Personnel shall have knowledge and experience in the transportation of individual children with special needs. Children with special needs may require a transportation method that is time-saving and direct and provides for appropriate accompanying medical or mental health care. In addition, the Contractor shall have personnel who are able to communicate with juveniles in their own designated language(s). While this may not require each employee to be fluent in all encountered languages, personnel should have access to and knowledge of translation services and devices.

B. Non-Secure Transportation

1. Under this contract, UAC & FAMU being transported for placement in ORR shelters or FRCs shall be escorted by unarmed Contractor escorts. Accordingly, restraining UACs is strongly discouraged. In the event that restraint of a UAC becomes necessary during transport, the Contractor shall contact the Contract Officer’s Representative (COR). The COR will contact local field office or local law enforcement immediately after the situation is under the Transportation Specialists (TS’s) control. Use of restraints shall be in line with the Family Residential Standards (FRS) on Restraints and Juvenile and Family Residential Management Unit Field Office Juvenile Coordinator Handbook.

2. Contractor Guiding Principles:

a. UAC & FAMU shall be transported in a safe and humane manner and under the supervision of trained and experienced personnel.

b. At least one staff member of the same sex as the UAC shall be a member of the escort team. Any exceptions shall be approved by the COR or designee before commencement of the escort.

c. The Contractor staff shall maintain constant “line of sight and sound” supervision of each UAC & FAMU during the transport.

d. UAC or FAMU being transported shall not be left in a locked, unattended vehicle.

e. UAC and families shall be separated from unrelated adults at all times during transport and seated in an area of the vehicle near Transportation Specialists and under their close supervision.

3. The Contractor shall be responsible for transport of UAC & FAMUs going to shelters, foster care, FRC’s or other necessary locations as a direct result of their escort duties or directed by the COR.

4.

C. Ongoing Efforts

1. The Contractor shall support ERO’s desire to maintain frequent communication with Transportation Security and Administration (TSA) CBP, ICE, -and ORR on issues related to the transfer, custody, and care of children.

D. Standards of Conduct

1. The Contractor shall be responsible for developing and maintaining standards of conduct for personnel competency, conduct, appearance, integrity and shall be responsible for its personnel’s performance and the quality of the services they provide. These standards shall be at least as high as ICE’s standards for its own personnel and operations.

a. The Contractor shall provide all personnel with a copy of the written standards of conduct.

b. All personnel shall certify in writing that they have read and understand these standards.

c. The contractor shall provide a copy of the contractors written standards of Conduct to the COR within fifteen days of the contract award

d. A record of this certificate shall be provided to the COR prior to any personnel beginning work under this contract.

2. The Contractor shall, at all times, demonstrate cultural sensitivity and age-sensitive conduct.

3. The Contractor shall provide sufficient supervision and oversight of its personnel to ensure ongoing adherence to all standards of conduct.

4. Contractors shall conduct themselves in a manner that reflects positively on ICE/ERO, recognizing the effects of personal appearance, speech, conduct, and demeanor. In communicating the appropriate sense of authority, every Contractor shall dress, speak, and act with the utmost professionalism.

5. Because children differ in comprehension levels, simple language with the appropriate tone is required. The Contractor shall always be aware that UAC and families may be intimidated by authority figures; therefore, to avoid any confusion, the Contractor should explain to the UAC and families prior to the transport what to expect during their transport.

6. In the event of a language barrier, the Contractor shall adhere to the stipulations in Section XI, Scope, C. Languages/Translators of this PWS, and shall make every effort to communicate with the UAC or FAMU, especially on matters such food and restroom stops.

7. Contractor staff shall not display favoritism or preferential treatment to one UAC or group of UAC or families over another.

8. Contractor personnel shall not enter into a personal relationship with any UAC or family unit individuals.

9. Contractor personnel shall be prohibited from accepting any personal gift, favor, or service from a UAC or from the UAC’s family or close associates, no matter how trivial the gift or service may seem. All staff shall be required to immediately report any such offers to their assigned supervisor and the supervisor shall report this information to the COR within one (1) hour of notification from employee. In addition, no personnel shall give any gift, favors, or service not authorized under the ERO Transport contract to UAC, their families, or close associates.

10. Contractor personnel shall not enter into any business relationship (e.g., selling, buying, trading personal property, etc.) with UAC or their families.

11. Contractor personnel shall not have any outside or social contact with FAMUs or UAC, their families or close associates.

12. The Contractor shall immediately report to the COR any violations or attempted violations of the standards of conduct within one (1) hour of notification.

a. Violations may result in dismissal of the involved personnel by the Contractor or removal at the discretion of the COR.

b. Failure to report an known violation to the COR by the contractor or to take appropriate disciplinary action against offending personnel shall subject the Contractor to appropriate action up to and including and limited to termination of the contract for default.

13. Violations of these standards of conduct shall result in administrative contract action by ICE and may result in prosecution where applicable.

VII. Prison Rape Elimination Act (PREA)

A. PREA

At all times, the Contractor shall adhere to the standards set forth in the DHS Prison Rape Elimination Act (PREA) regulation and the ICE/ERO Residential Standard on Sexual Abuse and Assault Prevention and Intervention (SAAPI) policy.

1. The PREA regulation was enacted by DHS to establish a zero-tolerance policy for sexual abuse or exploitation of detained persons. The Contractor shall comply with the PREA standards for juveniles. (See 6 C.F.R. 115, Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities at http://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf.)

2. The DHS PREA standards require in all instances that juveniles be detained in the least restrictive setting appropriate to the juvenile’s age and special needs, provided that such setting is consistent with the need to protect the juvenile’s well-being and that of others, as well as other laws, regulations, or legal requirements.*

3. In detention facilities, juveniles shall be held apart from adult detainees, minimizing sight, sound, and physical contact, unless the juvenile is in the presence of an adult member of the family unit, and provided there are no safety or security concerns.*

4. In holding facilities, PREA requires that unaccompanied juveniles generally be held separately from adult detainees. They may remain with a non-parent adult family member in instances where the family relationship has been vetted to the extent feasible and the agency has determined that remaining with the non-parental adult family member is appropriate under the totality of the circumstances.*[footnoteRef:1] [1: * This language is drawn from 115.14 and 115.114 in PREA.]

B. Sexual Abuse Prevention

1. ICE is committed to upholding the precepts of the DHS PREA regulation and the ICE/ERO SAAPI policy. The Contractor shall uphold these standards as well, with specific Attention:ention to the “zero-tolerance” standard regarding sexual abuse and assault.

2. Additionally, the Contractor shall establish written policy and procedures for SAAPI that include, at a minimum:

a. Prevention

b. Prompt and effective intervention to address the safety and treatment needs of resident victims if an assault occurs

c. Investigation, discipline, and prosecution of assailants VIII. Policy

A. Without undue delay, UAC & FAMU are transported to designated placements in accordance with the following guidance.

1. UAC arrested or taken into custody by DHS shall not be transported in vehicles with detained adults except when being transported from the place of arrest or apprehension to a DHS office where separate transportation would be otherwise impractical. In those instances, the Contractor shall take necessary precautions for the protection and wellbeing of such UAC. The Contractor shall assist, without undue delay, in making transportation arrangements to a DHS-designated location.

2. Whenever a UAC & FAMU is transferred from one placement facility to another, the UAC & FAMU shall be transferred with all of his or her possessions and legal papers, The A-file or turn over custody documents will be hand carried by Transportation Specialists. If property is not turned over, COR will be notified to make a determination to continue with transfer. However, if the UAC’s or FAMU’ possessions exceed the amount permitted normally by the carrier in use, the possessions shall be shipped to the UAC or FAMU in a timely manner.

3. To affect transportation in a safe and efficient manner, the Contractor shall act in accordance with the guiding principles below and State licensing requirements related to transportation.

B. Additional Age-Dependent Policies

1. Any alien below the age of 18 is considered a juvenile.

2. While all juvenile escorts are considered priority, alien juveniles under the age of 14 are considered particularly vulnerable. These juveniles are to be moved as expeditiously as possible with consideration given to their safety, well-being, and other special needs.

3. Any alien child below the age of 5 requires an additional escorts, as he or she cannot be cared for by the Transport Specialist (TS) assigned to the mission according to the detainee-to-guard ratio assigned to the aircraft.

4. If a tender-age (12yrs old & under) UAC is accompanied by another family member who is also a juvenile, the older UAC cannot be considered responsible for their sibling or relative. Therefore, if they are traveling together, both UAC will require an additional escort Siblings should be transferred together, to the extent possible.

C. Escort-to-UAC or FAMU Ratios

1. The Contractor shall maintain the following Chaperone-to-UAC or FAMU ratios:

a. UAC from ages 10 – 17:

i. Two TSs for the first six (6) UAC and/or family members;

ii. An additional escort shall be required for increment of six (6) groups of UAC exceeding six (6) (i.e., 25 UAC equals six (6) escorts).

iii. A female TSs/ shall accompany groups of UAC containing female UAC. Same gender TSs will escort same gender UACs.

iv. In the event of an emergency, any opposite gender escort require an additional level of supervisory review and reporting during transport. Contractor will contact the COR for approval.

v. The contractor will contact the COR for approval of any ratio increase.

b. UAC under age 10:

i. A minimum of two staff for up to eight (8) UAC

ii. A minimum of three staff for more than eight (8) UAC, up to 15 UAC.

iii. A female escort shall accompany groups of UAC containing female UAC.

iv. In the event of an emergency, any opposite gender escort require an additional level of supervisory review and reporting during transport. Contractor will contact the COR for approval.

2. The Contractor may propose recommendations to ICE at any time regarding efficient application of escort ratios. However, implementation of any change is not authorized until approved by the Juvenile and Family Residential Management Unit (JFRMU) COR.

IX. Operations Constraints / Assumptions

A. Contract personnel shall fully comply with the following:

1. Immigration and Nationality Act (INA) as amended, 8 U.S.C. 1101 et seq.,

2. Homeland Security Act of 2002 (HSA), as amended, and

3. Title 8 Code of Federal Regulations (CFR), Alien and Nationality, as amended.

B. The care, custody, and transport of UAC shall be fully in accordance with:

1. Trafficking Victims Protection Reauthorization Act (TVPRA);

2. HSA 2002, § 462 (Codified at 6 U.S.C. § 279);

3. Immigration and Nationality Act;

4. ICE Family Residential Standards;

5. Flores Stipulated Settlement Agreement, Case No. CV 85-4544 (C.D. Cal. Jan. 17, 1997);

6. Existing Federal laws and regulations; and

7. Applicable DHS guidance, policies, procedures, and the ICE Under-72 Hour Juvenile Staging Checklist.

X. Quality Control

A. For all areas of responsibility detailed within this PWS, the Contractor shall also define and implement quality assurance review and internal audit procedures in its Quality Control Plan, execute and document the results of such reviews and audits, and deliver all related documentation (e.g., internal audit reports) to the Contracting Officer’s Representative (COR).

All records shall be available to the Contracting Officer’s Representative (COR) at any time during the execution of this contract and following close-out of the contract for a period of five years. The contractor shall provide a copy of the quality control plan to the COR within fifteen days of the contract award XI. Scope A. Service Plan

1. The Contractor shall be responsible for adhering to all regulations outlined under the ICE Family Residential Standards (FRS), Part 5 Activities, § 5.3 Escort Trips for Non-Medical Emergencies.

2. The Contractor shall provide unscheduled escort to UAC and FAMU during transport, via commercial air or charter flights and ground transport, from the DHS facility near the point of apprehension to a final destination, as determined by ICE/ERO and ORR.

3. The Contractor shall develop and implement a service plan and perform services in accordance with the requirements of this PWS at ERO locations nationwide. The current ORR locations, AORs and Regions are shown in Attachment 7.

4. The services provided shall consist of transport/escort of UAC and FAMU from their port of entry, centralized processing center or other ERO facility to their destination, as determined by ERO and ORR.

5. The organization, design, and administration of the contracted transport/escort program shall comply with all applicable federal, state, and local licensing provisions, as well as ERO requirements as put forth in this PWS and elsewhere in this contract. The Contractor shall provide management oversight for the implementation and operations set forth in this PWS.

6. The Contractor shall establish UAC’s and FAMU’ transport and Escort policies and Standard Operating Procedures for approval by ERO Juvenile and Family Residential Management Unit COR.

B. Transferring of Physical Custody

1. UAC Custody Transfer Stipulations

a. The Contractor may refuse to accept a UAC referred by CBP or ICE under the following circumstances only and as approved by the COR:

i. The UAC is combative and/or disruptive;

a) Determination may be made at the discretion of the COR.

b) In such cases, the TS or other Contractor representative shall immediately notify the COR or designee for further guidance. The COR or designee will notify the local Field Office Juvenile Coordinator (FOJC).

ii. Medical concerns are present, and CBP or ICE has not provided appropriate documentation of the UAC’s fitness for travel. Contractor will notify the COR to continue with the travel or not.

iii. A UAC with special needs, for whom DHS has not provided adequate time for necessary preparations. Contractor will notify the COR for guidance.

iv. A UAC or FAMU believe to be a flight risk.

2. Transfer of UAC & FAMU from DHS to HHS care via ground or air transport

a. Transfer Logistics

i. DHS, the Contractor, and the receiving ORR provider shall coordinate transfer logistics including transportation arrangements, the UAC’s supply of current medications, his/her prescription information (e.g., dosage), transfer of the UAC’s belongings, and preparation of the UAC for transport and transfer of custody.

b. Notifications

i. Notify the component staging the UAC or FAMU of the intended time of travel.

ii. For routine transfers, at least 12 hours or less prior to the physical transfer, the Contractor shall notify the COR, as well as the Field Office Juvenile Coordinator (FOJC) of the designated ORR shelter representative is receiving a UAC or Family Residential Center (FRC) receiving a FAMU with an estimated time of arrival at the shelter or FRC, of the transfer as outlined below.

iii. For emergency transfers, the Contractor will notify the COR within an hour of transfer. The COR will notify the designated ORR representative, as soon as possible, or at the latest, the following business day.

c. UAC/ FAMU Preparation

i. The Contractor will make sure the UAC and FAMU are fit for transportation with showers, hygiene kits and clothing. The Contractor is required to procure all additional hygiene kits, lunches, or other necessary goods for the UACs and FAMUs;

ii. DHS and the Contractor, in collaboration with the receiving ORR provider and FRCs, prepare the UAC or FAMU for transfer. Preparation includes but not limited:

a) Notification given to the UAC and FAMU, considering both safety and child well-being. The Contractor considers the safety of the UAC or FAMU and others in deciding when and what information to share with the UAC or FAMU prior to the transfer.

b) Gathering and preparing the UAC’s or FAMU’ belongings for transport and transfer.

iii. Orientations prior to transport shall be provided to all UAC or FAMU and shall include the following:

a) Communication with the UAC or family in a language he or she can understand;

b) Completion of UAC’s schedule and contact information;

c) Meeting with the Transport Specialist (TS);

d. UAC or FAMU Arrival at ORR Facility or FRCs

i. Upon the UAC’s arrival, the receiving ORR care provider or FRCs:

a) Ensure proper paper work and property is turned over.

b) Ensures receipt of sufficient medication supply, and ensures a refill is obtained, if required.

c) Signs the Transfer Request and Tracking Form to validate that all items listed in the transfer request are included in the UAC’s or FAMU’ transfer packet.

3. Temporary Staging/ Waiting Areas

a. The Contractor shall be responsible for adhering to all regulations outlined under the ICE Family Residential Standards (FRS), Part 7 Administration & Management, § 7.4 Transfer of Residents.

i. UAC and FAMU’s shall receive meal service regardless of time in custody. Juveniles, babies, and pregnant females shall have regular access to snacks, milk, juice, baby food, baby formula etc.

ii. The Contract shall be sensitive to the cultural and religious differences of all detainees. Religious requests shall be granted whenever possible.

iii. In some situations, such as flight delays, cancellations, etc., the time the Contractor maintains custody of the UAC or family units may be extended. In limited cases, overnight housing may be required.

Use of the contractor’s staging/waiting area in satellite office space will be limited to 12 hours or less, and allow for ready access to food, water, clean clothes, hygiene products, and comfortable furniture.

Staging/waiting area in satellite space is only intended to house minors or family groups for short periods of time and to assist with avoiding long waits in public areas such as airports, when possible.

The contractor shall provide for a hotel room whenever minors will remain in the contractor’s custody over 12 hours due to HHS placement cancelation or re-designation, flight cancellations, or any other delay.

NOTE: The Contractor shall notify the COR immediately when placing a UAC or family unit at a hotel. The Contractor shall provide the COR with the UAC’s name, hotel name, address, room number, and phone number.

b. Separation of UAC by Types in Staging/ Waiting Room Areas

i. Age: While held in a staging/waiting area, non-related UAC shall be separated by age when operationally feasible. All UAC age 15 and over shall be held separately from UAC age 14 and under, when operationally feasible.

a) Tender-age (12yrs and under) UAC: In concert with ORR standards, all UAC under 12 years of age are considered tender age. When encountering a tender age UAC, DHS shall make every effort to coordinate with ORR to seek local immediate placement in order to avoid having to place a tender-age UAC in a stage/waiting room environment

ii. Gender: Unrelated UAC shall be separated by gender and monitored by personnel of the same gender, when feasible.

c. Hotel Rooms

i. If a UAC is temporarily housed at a hotel awaiting custody determination or placement, he or she shall be allowed to take a change of clothing, personal hygiene items, and female sanitary products (as needed), in order to shower and dress for the following day, and subsequently, until departure from the hotel.

ii. The Contractor shall notify the COR immediately or within one (1) hour of knowing of when placing a UAC or family unit at a hotel. The Contractor shall provide the COR with the UAC’s or FAMU individuals name, hotel name, address, room number, and phone number.

d. Allegations of Personnel Misconduct

i. In the event of a physical altercation or an allegation of sexual abuse, the Contractor will immediately notify the COR or within one (1) hour of knowing of the incident. The COR will notify Immigration Health Service Corps (IHSC) for any immediate medical care, and FOJCs.

b) If the child is under the legal age in the State where the incident occurs, the Contractor will notify the COR (s) or ACOR. The COR(s) or ACOR will notify the Child Protection Agency in the county where the child is being held.

ii. COR may refer the UAC to emergency medical personnel via 911 or a local emergency medical facility.

iii. The Contractor shall adhere to ERO protocol for both concerns, listed above, in order to avoid delays in proper notifications or actions. Protocol includes notification to the COR immediately or within one (1) hour .

4. Searches

a. UAC and families should be searched using a stand-alone or handheld metal detector for contraband in order to maintain good order, safety, and security.

b. The Contract shall inspect parcels, bags, bundles, boxes, and other property. UAC and FAMU’s property shall be kept outside the hold area, out of reach of the UAC and FAMU’s.

c. The Contract is required to search articles of clothing before they are returned to the UAC and FAMU’s.

d. When there is reasonable belief or suspicion that contraband may be concealed on the person or a good opportunity for concealment has occurred, a pat down search may be conducted.

i. The Contractor is prohibited from using a UAC and FAMU’s’ gender, ethnicity, race, or religion as a factor in determining any level of suspicion for a pat-down search, in all but the most exceptional circumstances.

ii. A pat-down is an inspection of a UAC or FAMU

iii. s, using the hands.

iv. No UAC or family member 14 years old or under may be subject to a pat-down search without the explicit authorization of the COR.

v. Any pat-down should be documented in the daily log record with the approving supervisor’s name.

e. Same-gender TSs shall be used to conduct searches.

f. For the purpose of transporting UAC and FAMU’s, contraband is defined as prohibited items, be they either legal or illegal.

i. Legal contraband is considered items that a UAC or FAMU’s would otherwise be allowed to possess if not in custody of ICE. This would include such things as cell phones, legal currency, etc.

ii. Legal contraband shall be locked in a secure storage area and delivered to the receiving center or facility.

iii. Illegal contraband includes unauthorized drugs, weapons, etc.

C. Languages/Translators

1. The Contractor shall employ personnel who are able to communicate with the UAC or FAMU’s in their own language(s) or able to use a translator or devices to translate.

a. While this may not require each personnel to be fluent in a number of languages, personnel should have access to translation services or devices.

b. The ability of Contractor staff to overcome a language barrier greatly reduces the UAC’s or family’s anxiety during transport and allows them to understand what is happening to them, which may reduce the likelihood of any disturbances.

2. The Contractor shall provide professional translators, bilingual staff (preferred method), or devices to communicate with UAC or family who do not speak or comprehend English.

a. The Contractor may use commercial telephonic interpretation services for this purpose as approved by the COR.

D. Transport Documents

1. Contractor assistance may be limited to retaining and transmitting the UAC’s transport document A-files and temporary file (T-file). For FAMU the A-file accompanies the FAMU to the FRCs and are hand carried and in possession of the Transportation Specialists.

2. The Contractor shall not deal directly with the consular or any foreign Governments on behalf of the UAC or FAMU.

3. Required transport documentation:

a. Four (4) copies of I-216 Manifest of Transfer. I-216 is mandatory for all transports of an alien to include using the Enforcement Alien Booking Module (EABM) to record the time in custody of every UAC and families. The manifest shall also serve to verify each person called for the transport.

b. The form shall be kept with transporting manifest records for the required retaining period. Prior to beginning the transport from one location to the next, the Contractor shall notify the receiving office of the estimated time of arrival and send or provide an electronic copy of the I-216 with the alien’s information. Prepare any required transferring paperwork as necessary.

1. UAC:

a. I-862 Notice to Appear

b. I-770 Notice of Rights

c. List of free legal services

d. Medical clearance to travel, plus medication if applicable

e. These turn over custody documents will be hand carried by the Transportation Specialists.

2. FAMU:

a. A-Files will be hand carried and on person of the Transportation Specialists.

Upon receipt of the transport document, the Contractor shall be required to:

i. Notify the COR and FOJC of the receipt of all travel documents the same business day they are received.

ii. Contractor will assign an Administrative Support Representative to provide administrative support in the tracking of UAC movements by entering “book-in” and “book-out” data into ERO’s case management IT system/official system of record.

iii. Maintain an electronic copy log including:

a) Date received

b) Alien Number

c) Name of UAC or family members

d) Country of Citizenship

e) Type of document

f) Name of Contractor receiving document

g) Date given to ERO

h) ERO Officer initials confirming receipt

i) Transport document number

j) Transport document issuance date

k) Transport document validity dates E. Travel Responsibilities

1. General Guidelines

a. TS’s shall not carry weapons (including less-than-lethal weapons).

b. Personal Protective Equipment (PPE), such as latex gloves for use during UAC or family member searches, shall be provided at the discretion of the Contractor and at no additional cost to the government.

c. TS’s duties may include, but are not limited to, the following tasks:

i. Searching UAC or family members for contraband,

ii. Loading and unloading UAC or families (including those with special needs or requiring special assistance) into and out of transport vehicles and aircrafts,

iii. Loading and unloading property into and out of transport vehicles and aircraft,

iv. Feeding UAC or FAMU’s and assisting in cleanup afterwards,

v. Identifying prior documentation before taking over custody:

i. Verify paperwork from apprehending agency before taking over custody.

ii. Verify paperwork with UAC or FAMU by asking the following:

1. Name

2. Date of Birth

3. Country of Birth

4. If they have any siblings that traveled with them.

5. If they are sick.

6. If they are pregnant

7. Take the UAC or FAMU temperature with a laser thermometer.

vi. ,Escorting UAC or family members to restrooms and are always accompanied by a TS/

1. TS will make sure to check the stall before the UAC or FAMU uses them.

2. After FAMU or UAC use the stall check for cleanness.

vii. Assisting with perimeter security when requested, and

viii. Ensuring general security and safety of UAC and FAMU’s during transit.

d. Dress code is business casual (t-shirts, jeans, and tennis shoes are prohibited).

e. TSs shall provide for the care, custody, and security of the UAC and FAMU’s during the transportation process.

2. Hubs/ Site Office (s)

a. The Contractor shall be required to staff and maintain offices in the area of McAllen, Texas driving distance to the Rio Grande Valley Border Patrol Sector Centralize Processing Center and 10 to 15 miles of an airport for their operations, with potential for expansion to additional locations over time if JFRMU see a need for additional offices depending on the workload. The site offices will be in the following areas:

i. San Antonio, Texas site office will not only be limited to assist ERO San Antonio, Laredo & Del Rio Border Patrol Sectors or Office of Field Operations in area of responsibility but will also assist east coast or west coast DHS Offices depending on workload. Office will be 10 to 15 miles of the San Antonio Airport

ii. El Paso, Texas site office will not only be limited to assist El Paso ERO but will assist El Paso, Big Bend Border Patrol Sectors and Office of Field Operations area of responsibilities and will also assist east coast or west coast DHS Offices depending on work load. Office will be close to the airport.

iii. Phoenix, Arizona site office will not only be limited to assist Phoenix ERO, but will assist Yuma, Tucson Border Patrol Sectors and Office of Field Operations, will also assist east coast or west coast DHS Office depending on workload. Office will be close to the airport.

iv. Additional hubs may be added at the discretion of HQ ERO JFRMU with COR approval.

b. The Contractor shall be sufficiently flexible to meet the significant daily variability in demand.

3. Airline Escort

a. The Contractor is responsible to contact the airline to make travel arrangements.

b. TS’s will verify the I-216 and paperwork before taking over custody.

c. TS’s will call their command center/dispatch to confirm they have the correct individual before taking over custody.

d. TS’s will make sure the UAC or FAMU is properly ready for travel with clean clothing and personnel hygiene.

e. Charter flights will be approved by the COR.

f. The Contractor will maintain the UAC and family ratios;

g. The COR will approve the increase of Transportation Specialists-to-UAC or FAMU ratio in accordance with the PWS’s page 14 section C

h. Pregnant female on their third trimester will not be flown but driven. The COR and ACOR should be notified immediately or within an hour of knowing of all pregnant females.

i. The use of global positioning system (GPS) devices such as phone or tablets shall be required

4. Ground Transport The Contractor shall provide ground transportation as follows:

a. The Contractor may employ best means of transportation for the current circumstances (e.g., commercial ground transport, charter ground transport, Contractor-owned vans or buses, etc.).

i. Contractor-owned vans or buses will require visual and audio cameras with global positioning system (GPS)

b. The Contractor shall be responsible for adhering to all regulations outlined under the ICE/ERO Family Residential Standard “Transfer of Residents” and ICE/ERO Family Residential Standard, “Transportation (By Land).”

c. When escorting UAC or FAMU’s in Contractor or, TSs shall maintain regular radio and cellular telephonic communication with other Contractor personnel, insofar as technologically possible and resources allow.

d. The Contractor shall provide, operate, manage, and maintain vehicles and TSs, 24 hours per day, seven (7) days per week, year-round in accordance with all rules and regulations governing TS performance.

e. Escort staff who transport UAC and FAMU’s shall comply with all Federal, State, and local regulations including, but not limited to, the following:

i. Each occupant shall wear a seat belt when the vehicle is moving.

ii. The driver shall have a valid driver’s license from the State where he/she is a resident.

iii. All vehicles used for transportation are regularly inspected, utilize a checklist and correct any defect that could render the vehicle unsafe and/or inoperable.

iv. A vehicle inspection report, including an odometer reading, shall be completed following each trip. While on a trip the TS’s will notify the command center/dispatch at every 100-mile marker.

v. The identities of all UAC and family members to be transported shall be verified through proper documentation procedures, with a call to the command center/dispatch for double verification.

vi. The driver shall drive defensively and take care to protect the UAC and FAMU’s occupants and vehicle, obey traffic laws, and report damage or accidents immediately. If accident occur with the UAC or FAMU notify the COR.

vii. Staff shall place UAC and family members with special needs in transport vehicles that can best accommodate their particular needs.

f. TS may escort the number of UAC and FAMU’s permitted by the vehicle’s rated capacity, adhering to ratios defined in this PWS under outlined in § VIII: Policy. Paragraph C.

i. Such escorts are permitted provided the TS shall not be involved in movement of the UAC or family outside the vehicle without other assistance.

g. UAC and FAMU’s shall not be transported in vehicles with detained adults except:

i. When being transported from the place of arrest or apprehension to a DHS office, or

ii. Where joint transportation would be operationally necessary.

iii. Where the first exception does not apply, and joint transportation is operationally necessary, UAC and FAMU shall be separated from adult detainees during transportation by vehicle. TSs shall take necessary precautions for the protection of the well-being of such UAC and FAMU when transported with adults.

iv. FAMU’s, unaccompanied females, and UAC shall be separated from unrelated adult males by separate passenger compartments or an empty row of seats. These individuals shall be transported separately from other detainees, if possible.

h. While preparing UAC and FAMU’s for transport, same-gender TSs shall be used to conduct a pat-down search of UAC and FAMU’s when necessary. TSs shall conduct the search of a UAC and FAMU’s of the opposite sex only in extreme circumstances, in the absence of same-sex TS.

i. When transporting UAC and FAMU’s of the opposite gender, officers shall call into the command center/dispatch for their time of departure and odometer reading and then do so again on every 100-mile marker and…