PWS_Addendum_Requirement_D_Final.docx

REQUIREMENT D PWS ADDENDUM

Estimated Population Size

Expected Risk Detainees

Facility, Detention and Administrative Space Requirements

The Contractor is required, in units housing U.S. Immigration and Customs Enforcement (ICE) detainees, to perform in accordance with the 2011 ICE Performance Based Performance Based National Detention Standards (PBNDS), with 2016 Revisions dated December 2016 (PBNDS 2011, 2016 Revisions), including optimal provisions. Contractor will also need to comply with American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and the Standards Supplement, as well as Standards for Health Services in Jails, latest edition, and National Commission on Correctional Health Care (NCCHC). Some ACA standards are augmented by ICE policy and/or procedure. In cases where other standards conflict with ICE Policy or Standards, ICE Policy and Standards prevail. ICE Inspectors will conduct periodic inspections of the facility to assure compliance of the ICE Performance Based Performance Based National Detention Standards.

The facility needs to be complaint with the ICE-ERO Design Standards for Contract Detention Facilities (CDF), as well as ICE ERO Structure Cable Plant Standards, CDF and Executive Office for Immigration Review (EOIR) Design Standards to include EOIR Cabling Standards and ICE Health Services Design Standards and other Design Standards as required. The proposed facilities must have appropriate office space for EOIR, OPLA, ICE-Health Services Corps (IHSC) and USCIS staff in the facility.

Any proposed existing facilities will need to be remodeled/re-designed to meet ICE ERO needs.

The facility shall have a complete secure perimeter fence around the entire facility, secure sally ports, secure entry/exit, as per the ICE ERO CDF Design Standards as well as protective barriers at entrances.

The contractor’s facility/facilities must have approximately 35,000 GSF of Administrative/Operations space for ICE-ERO.

The facility/facilities must have administrative and support space for ICE -ERO staff of approximately 158 employees (combination Office / Cubicles) with additional 12 Offices.

The ERO staff to be accommodated for this requirement are anticipated to include but are not limited to the following:

1. (1) Officer In-Charge

2. (2) Assistant Officer In-Charge

3. (10) Supervisory Detention & Deportation Officers

4. (1) Supervisory Mission Support Specialist

5. (4) Mission Support Specialist

6. (2) Mission Support Assistant

7. (60) Deportation Officers

8. (30) Enforcement & Removal Assistants (ERA)

9. (2) Supervisory Enforcement and Removal Assistants (SERA)

10. (4) M&PA -COR

11. (4) Intelligence Officer

12. (3) Detention Standards Compliance Officer

13. (29) Open Contract Positions

14. (4) CRCs

15. (2) Training Officer

Facility/facilities must include VTC Rooms and other ancillary space as required as well as space for OPLA. Per the ICE-ERO Design Standards including but are not limited to accommodate the following OPLA personnel:

1. (1) Deputy Chief Counsel

2. (36) Assistant Chief Counsel (ACC)

3. (12) Legal Technicians

4. (1) Mail/File Clerk

Approximately 11,000 GSF of Office space for OPLA as required by ICE-ERO Design Standards.

ICE-IHSC: A minimum of six (6) dedicated offices required for the following ICE ERO IHSC personnel:

(3) ICE ERO IHSC Medical Coordinator.

(3) Community Resource Coordinator

Executive Office for Immigration Review (EOIR) Space

A. EOIR Space: Per the EIOR Design Standards, Court Rooms and ancillary space including but not limited to space for the following anticipated EOIR personnel:

1. (10) Court Rooms

2. (10) Judges

3. (1) Court Administrator

4. (4) Law Clerks

5. (6) Supervisory Staff

6. (28) Administrative Staff

7. (2) Mail/File Clerk

Total: Approximately 34,000 NSF of Court Rooms and Ancillary Space for EOIR per the EOIR Design Standards

1. (10) Asylum Officers

2. (1) Asylum Officer Supervisor

3. (8) Interview Rooms

· Work Out Rooms

· Training Rooms

· Increased Intake Area

· Additional Holds Rooms near courts

· Additional Attorney and General Visitation Space

· Additional common room space for Mental Health Programing

· Break room with kitchenette

· Storage/Secure File Room

· Interview Rooms

· Amory-ICE

· Conference Room (with VTC capability)

· Secure File Rooms

· COR Secure File Room

· Copier/Fax/Printer/Shredder Area

· Male Restroom (not used/shared with detainees)

· Female Restroom (not used/shared with detainees)

170 for ICE employees 5 for ICE visitors 29 for ICE Support 6 for IHSC employees 50 for OPLA employees 2 for OPLA visitors 51 for EOIR employees 2 for EOIR Visitors

10 USCIS

In accordance with the ICE Design Standards, a separate secured covered parking is required for Government owned Transportation vehicles (approximately 6 buses 12 Vans and other GOVs).

The contractor will need to provide separate and adequate covered / secure parking with controlled access for ingress and egress for contract personnel working at the facility, separate from the facility visitor required parking and DHS parking.

Transportation Requirements

Historically, the vendor for this requirement has performed ground transportation for stationary duty, legal runs, air removal, land removal, and medical trips. Most frequently, the vendor performed local area medical transports. In FY18, the vendor drove approximately 96,339 miles. In addition to the number of miles, in FY 18 the vendor used approximately 57,144 guard hours to support ground transportation activities moving approximately 3,716 detainees.

The preceding information is provided only for reference for Offerors. This information shall not constitute a guaranteed minimum number of beds, detainees nor miles, nor shall it constitute a maximum number of miles required under any forthcoming contract. Please see below for additional route and frequency information.

All transportation will be performed according to the most current PNBDS Standards and ICE ERO applicable policies.

The Contractor shall assign, at a minimum, two-person teams of transportation officers, with at least one officer being a female, whenever necessary throughout a 24-hour period, 7 days a week, including weekends and holidays.

These are sample transportation plans requirements. The transportation routes will need to be finalized once a successful offeror and location have been determined.

Guard Services

2 Patrolling Detention Officers are required for patrolling the perimeter of each facility (patrolling of each facility is 24/7 – 6 per day)

Training

The Contractor shall submit a training forecast and lesson plans to the COR at least 30 days prior to all training.

Deliverables Reports

Food Deliverables – See PWS

Contract Deliverables – See PWS

DTS Contractor

ICE DTS Contractor Information:

DTS

Talton Communications 910 Ravenwood Dr.

Selma, AL 36701

Robin Hall Mike Oslund Customer Relations Manager Operations Manager

(334) 375-7842 (334) 375-4200 robin@taltoncommunications.com michael@taltoncommunications.com

Mental Health Services

Comprehensive Mental Health Services are required for this Requirement. Please see below for Statement of Work related to these Mental Health Services. Please be advised that a specific QASP and PRS will apply to this Requirement only and that these differ from those contained in the general attachments. The Requirement D QASP and PRS can be found below, after the SOW.

STATEMENT OF WORK:

Comprehensive Mental Health Group Programming

Table of Contents

STATEMENT OF WORK

Objective

The objective of this Statement of Work (SOW) is to obtain comprehensive mental health group programming services for the detainee population housed in the facility (facilities) in Requirement D. The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) seeks to provide behavioral health group programming services to detainees with mental health conditions and who have experienced traumatic events. Comprehensive mental health group programming is in addition to, and complements, the existing behavior health services at the facility. For the purpose of this program, comprehensive behavioral health group therapy programming encompasses a variety of evidence-based, trauma-focused group therapeutic interventions, to include, cognitive-behavioral therapy interventions, substance abuse recovery and treatment, music and art therapy, as well as social, and recovery skills. Individualized treatment plans must be tailored to each detainee’s needs and group programming is integrated into individual treatment plans.

Group programming services will be available to all detainees at Requirement D facility (facilities), both female and male population, regardless of custody level or type of housing (e.g. Segregation, General Population, and Medical).

Scope of Work

Operational Capacity

Behavioral health therapeutic group programming will supplement current services for detainees with mental illness detained by ICE at Requirement D. Scheduled group mental health programming shall be provided Monday through Friday for a minimum of six hours a day. The specific scheduling may be determined by the Contractor, but the programming should occur within the hours of 8 a.m. and 7p.m. Detainee enrollment in group programming will be considered on a case-by-case basis based on a need for services, as determined by behavioral health staff, and a desire and willingness to participate. Behavioral health therapeutic group programming shall not take precedence over immigration court appearances, medical appointments, or any other interview/activity related to their immigration court proceedings.

The Contractor will provide structured (Monday-Friday) evidence-based behavioral health therapeutic programming for the female and male population through a range of group services. It is anticipated that a minimum of 15% of the detainees of the Requirement D population have mental health concerns. The Contractor will provide the capacity to assist this population with daily programming at any one time. Group programming should be scheduled so as not to comingle classifications or genders, per the facility’s security protocol. However, the program will be available to all classifications. Group sizes shall ultimately be determined by the behavioral health staff, in consultation with ICE Health Services Corps (IHSC). However, for best results group sizes should be limited to a maximum of 10-12 detainees if language line services are required.

Behavioral health therapeutic group programming shall be conducted in designated and/or multipurpose rooms within the facility. No building renovations and modifications are anticipated in order to provide group programming. The Contractor must use facility space for Programming that will be separate space from housing units. However, the contractor is encouraged to promote a therapeutic environment in the delivery of group programming. A therapeutic environment may include, for example, therapeutic colors for wall paint, artwork, music, and comfortable seating.

Participation in Mental Health Group Programming

Based on ICE’s analysis of data provided of the detained population, the current facility’s mental health caseload is typically 15% of the overall population, many of whom will benefit from behavioral health therapeutic group programming. However, any detainee at Requirement D facilities may be referred to mental health group programming services by the contract behavioral health staff, Contracting Officer’s Representative (COR) or Alternate Contracting Officer’s Representative (ACOR), or IHSC. Detainees at the facility will also have the ability to request enrollment in mental health group programming, with enrollment subject to approval by the behavioral health staffing. In general, referrals/requests will be routed to identified behavioral health staff who will prioritize and refer detainees to specific therapy sessions based on their clinical assessment.

Mental Health Group Programming

The Contractor shall use an evidenced and trauma-informed approach, led by a dedicated contracted Behavioral Health Program Manager, to implement mental health group programming. The core goal is to promote a holistic approach to mental health treatment and identify areas for individual change across the social, psychological, and emotional spectrum. Group programming will also be culturally appropriate to the ICE population at Requirement A facilities.

The following are core aspects of structured evidence-based group programming:

· A variety of group methods, including music and art therapy;

· Trauma-focused group programming;

· Substance Abuse groups, including for dual diagnosis populations;

· Domestic violence group programming, including for both male and female populations;

· Mindfulness and meditation programming with a focus on acceptance and commitment;

· Programming focused on Illness Management and Recovery;

· Facilitated peer support and process groups;

· Dialectal Behavioral Therapy Skills Training; and

· Mood Management Group Programming

· Cognitive-based Therapy or Distress Tolerance Skills Training

The Contractor shall create a Program Plan that includes a Program Schedule detailing the types and frequency of programming. This Program Plan must be approved by the government. The Contractor will utilize evidence-based group therapy treatment modalities.

Group programming shall consist of multiple sessions, with interactivity and verbal discussions, and include various written materials as appropriate. These sessions shall be tailored to suit detainees with mental illness and individuals with past trauma, as well as other special vulnerabilities. Moreover, group programming will be offered in a language and manner the detainee can understand. The Contractor will use bilingual Spanish speaking staff and appropriate contracted language access services for other languages spoken by detainees - see Program Staffing section. The Contractor will ensure effective communications, including through the use of auxiliary aids and services, with detainees with special needs, including disabilities.

Program Objectives and Evaluation Plan

This SOW and associated Quality Assurance Surveillance Plan (QASP) include program outcome and evaluation requirements, thus assisting ICE ERO with assessing the effectiveness and quality of the service provision model. Program evaluation and reporting will assist ICE ERO in determining the benefits of facility behavioral health at this facility. The Contractor will develop an Evaluation Plan to assess the efficacy of the Group Mental Health Programming operations for review by the COR and IHSC.

The following program objectives should be incorporated in the Contractor’s evaluation of the program. The government shall receive quarterly program outcomes reports as well as ad hoc data reports upon request. The program reports will include quantitative and qualitative data on group programming has assisted with the following objectives:

· Decreased frequency of inpatient hospitalization;

· Decreased frequency of disciplinary incidents, segregation placements and lengths of stay in segregation;

· Improved mental health well-being;

· Decreased self-injury incidents and suicide attempts;

· Compliance with obligations to provide mental health treatment; and

· Effective and active participation in the detainees’ legal process and immigration court proceedings.

The contractor will include consider pre-screening data points for a comparative analysis and a post outcome survey after completion of the program.

Required Staffing

The following charts represents staff that is contractually required. The following resources shall be independent of other staffing needs.

Behavioral Health Specialist[footnoteRef:1] [1: Licensed Professional Clinical Counselors (LPCCs) will not be considered as a substitute for Psychologists or LCSWs.]

(Can be Psychologist or Licensed Clinical Social Worker)

Substance Abuse Counselor[footnoteRef:2] [2: Certified Substance Abuse Counselor (CSAC)]

Key Personnel

The Contracting Officer and/or the COR shall provide written approval before any employee is assigned as key personnel to perform duties under this contract. Any subsequent changes to key personnel must meet these criteria and be approved in writing by the Contracting Officer or the COR. The following are considered key personnel for the contract. The Contractor may use other titles.

a) Behavioral Health Program Manager. The Behavioral Health Program Manager will have appropriate credentials in Psychology or be a Licensed Clinical Social Worker (LCSW) and shall be responsible for developing, implementing, coordinating, and evaluating the specialty group programming and for coordinating and evaluating all activities within the specialty group program. The Program Manager shall be responsible for initiating group programming plan and for implementing, monitoring the program in compliance with the SOW and designing and implementing the evaluation and reporting requirements. In addition to clinical considerations, the Program Manager should demonstrate an on-going awareness of evidenced-based mental health treatment for comparable populations and modern correctional practice. Accountability for the total treatment effort is the prime concern of this position. The Behavioral Health Program Manager shall provide direction and oversight to the line behavioral health staff.

b) Behavioral Health Specialists.

Given the nature of the services to be performed and the population housed at the facility for Requirement A, at least 67% (or two-thirds) of the behavioral health staff shall be bilingual in Spanish (the top language spoken by ICE detainees), with multiple language capability[footnoteRef:3]. Bilingual Spanish speaking staff must be tested for proficiency in any language other than English and meet a minimum score of S2 (Limited Working Proficiency) on the Interagency Language Roundtable (ILR) scale[footnoteRef:4], or an equivalent test, prior to use in this capacity. The Contractor shall provide copies of the language proficiency scores to the COR for review and verification. Staff will have professional work experience in a variety of treatment approaches, to include trauma-informed care service provision. [3: The Contractor shall work with ICE ERO to determine the most relevant languages. As of 04/17/2019, the top five spoken languages by ICE detainees (for Fiscal Year 2019) were: Spanish, Hindi, English, Mandarin Chinese, and French.] [4: The Interagency Language Roundtable (ILR) is an unfunded Federal interagency organization established for the coordination and sharing of information about language-related activities at the Federal level. It serves as the premier way for departments and agencies of the Federal government to keep abreast of the progress and implementation of techniques and technology for language learning, language use, language testing and other language related activities.

c) Dedicated Security Personnel. All security personnel will be trained in the goals of the group programming as outlined in the Objectives, Page 2, including trauma-informed approaches and interacting with individuals with mental illness, and crisis intervention techniques to include de-escalation techniques.

1. The Contractor shall provide escorting and guarding detainees during group programming.

2. Dedicated Security Personnel are fixed posts. The following notes are applicable to the above posts:

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

b) Additional officers for each post assignment may be required at the direction of the COR or Alternate COR when operationally necessary

d) Data Systems and Reporting Analyst. The Contractor will be required to build, maintain, and utilize an appropriate and approved data system(s) for capturing and reporting data. This data is to include, but may not be limited to, demographic information, electronic health records, and programming data for detainees participating in group programming. The Contractor shall ensure that contracted staff provided timely and complete data extracts quarterly and upon ICE’s request.

6. Contract Compliance

To assess the impact of the program, IHSC, in close coordination with the ERO Los Angeles Field Office, will review progress toward the Program Outcomes. The implementation of the new requirements will be monitored closely by IHSC and the Contracting Officer’s Representative (COR) in collaboration with Los Angeles Field Office leadership.

QUALITY ASSURANCE SURVEILLANCE PLAN

1. INTRODUCTION

ICE’s Quality Assurance Surveillance Plan (QASP) is based on the premise that the Service Provider, and not the Government, is responsible for the day-to-day operation of the Facility and all the management and quality control actions required to meet the terms of the Agreement.

The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The Service Provider shall develop a comprehensive program of inspections and monitoring actions and document its approach in a Quality Control Plan (QCP). The Service Provider’s QCP, upon approval by the Government, will be made a part of the resultant Agreement.

This QASP is designed to provide an effective surveillance method to monitor the Service Provider’s performance relative to the requirements listed in the Agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the Service Provider is required to furnish.

This QASP is based on the premise the Government will validate that the Service Provider is complying with Enforcement and Removal Operation (ERO)-ERO-mandated quality standards in operating and maintaining detention facilities as outlined in PBNDS 2011, revised. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the Service Provider and use of an approved QCP will ensure that the Facility is operating within acceptable quality levels.

2. DEFINITIONS

Performance Requirements Summary (Attachment A): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), ICE 2011 Performance Based National Detention Standards (PBNDS) and the Statement of Work (SOW). The PRS identifies performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by ICE when conducting quality assurance surveillance to guide them through the inspection and review processes.

Functional Area: A logical grouping of performance standards.

Contracting Officer’s Representative (COR): The COR interacts with the Service Provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the Agreement. The Contracting Officer issues a written memorandum that appoints the COR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities.

Performance Standards: The performance standards are established in the ERO ICE 2011 PBNDS at http://www.ice.gov/detention-standards/2011 as well as the ACA standards for ALDF. Other standards may also be defined in the Agreement and SOW, including the SOW for Comprehensive Mental Health Group Programming.

Measures: The method for evaluating compliance with the standards.

Acceptable Quality Level: The minimum level of quality that will be accepted by ICE to meet the performance standard.

Withholding: Amount of monthly invoice payment withheld pending correction of a deficiency. See Attachment A for information on the percentages of an invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COR and CO confirm resolution or correction. Withheld funds shall be included in the next month’s invoice, subject to resolution or correction of the identified deficiency.

Deduction: Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur. The Service Provider will be notified immediately if such a situation arises. The Contracting Officer in consultation with the ERO will determine the amount of the deduction. Amounts deducted are not recoverable.

4. QUALITY CONTROL PLAN

The Service Provider shall develop, implement, and maintain a QCP that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See Attachment A for a summary list of performance requirements.) Such reviews shall be performed by the Service Provider to validate its operations and assure ICE that the services meet the performance standards.

The Service Provider’s QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by ERO. The reports and other results generated by the Service Provider’s QCP activities should be provided to the COR as requested.

The frequency and type of the Service Provider’s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards.

The Service Provider is encouraged not to limit its inspection to only the processes outlined in the 2011 PBNDS and the SOW; however, certain key documents shall be produced by the Service Provider to ensure that the services meet the performance standards. Some of the documentation that shall be generated and made available to the COR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The Service Provider shall develop and implement a program that addresses the specific requirement of each standard and the means it will use to document compliance.

· Written policies and procedures to implement and assess operational requirements of the standard and SOW

· Documentation and record keeping to ensure ongoing operational compliance with the standards and SOW (e.g.; inventories, logbooks, register of receipts, reports, programming scores, etc.)

· Staff training records

· Contract discrepancy reports (CDRs)

· Investigative reports

· Medical records

· Records of investigative actions taken

· Equipment inspections

· System tests and evaluation

5. METHODS OF SURVEILLANCE

ICE will monitor the Service Provider’s compliance with the Performance Standards and SOW using a variety of methods. All facilities will be subject to a full annual inspection, which will include a review of the Service Provider’s QCP activities. In addition, ICE may conduct additional routine, follow-up, or unscheduled ad hoc inspections as necessary (for instance, as a result of unusual incidents or data reflected in routine monitoring). See also Program Objectives, Evaluation Plan and Contract Compliance in the SOW. ICE may also maintain an on-site presence in some facilities in order to conduct more regular or frequent monitoring. Inspections and monitoring may involve direct observation of facility conditions and operations, review of documentation (including QCP reports), and/or interviews of facility personnel and detainees.

5.1 Documentation Requirements: The Service Provider shall develop and maintain all documentation as prescribed in the 2011 PBNDS, revised (e.g., post logs, policies, and records of corrective actions) and the SOW. In addition to the documentation prescribed by the standards, the Service Provider shall also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The Government may review 100% of the documents, or a representative sample, at any point during the period of performance.

6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS

To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each functional area represents a proportionate share (i.e., weight) of the monthly invoice amount payable to the Service Provider based on meeting the performance standards. Payment withholdings and deductions will be based on these percentages and weights applied to the overall monthly invoice.

ICE may, consistent with the scope of the Agreement, unilaterally change the functional areas and associated standards affiliated with a specific functional area. The Contracting Officer will notify the Service Provider at least 30 calendar days in advance of implementation of the new standard(s) or SOW requirements. If the Service Provider is not provided with the notification, adjustment to the new standard shall be made within 30 calendar days after notification. If any change affects pricing, the Service Provider may submit a request for equitable price adjustment in accordance with the “Changes” clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the Service Provider, so long as the standards are not more stringent than those being replaced.

7. FAILURE TO MEET PERFORMANCE STANDARDS

Performance of services in conformance with the PRS standards and SOW is essential for the Service Provider to receive full payment as identified in the Agreement. The COR first identifies issues to the contractor in writing and requests a voluntary remedy. If the problem continues then the COR shall bring up the issue with the CO and contractor and develop a corrective action plan in writing. The Contracting Officer may take withholdings or deductions against the monthly invoices for unsatisfactory performance documented through surveillance of the Service Provider’s activities gained through site inspections, reviews of documentation (including monthly QCP reports), interviews and other feedback. As a result of its surveillance, the Service Provider will be assigned the following rating relative to each performance standard and SOW deliverable:

demonstrated.

no critical areas of unacceptable performance

performance standard’s attributes are not met.

Using the above standards as a guide, the CO will implement adjustments to the Service Provider’s monthly invoice as prescribed in Attachment A.

Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. “withholds”) amounts from the Service Provider’s monthly invoice. This may happen when a significant event occurs, when a particular deficiency is noted multiple times without correction, or when the Service Provider has failed to take timely action on a deficiency about which he was properly and timely notified.

The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event or may continue until the Service Provider has either corrected the deficiency or made substantial progress in the correction.

Further, a deficiency found in one functional area may tie into another. If a detainee escaped, for example, a deficiency would be noted in “Security,” but may also relate to a deficiency in the area of “Administration and Management.” In no event will the withhold or deduction exceed 100% of the invoice amount.

8. NOTIFICATIONS

(a) Based on the inspection of the Service Provider’s performance, the COR will document instances of deficient or at-risk performance (e.g., noncompliance with the standard) using the CDR located at Attachment B. To the extent practicable, issues should be resolved informally, with the COR and Service Provider working together. When documentation of an issue or deficiency is required, the procedures set forth in this section will be followed.

When a CDR is required to document performance issues, it will be submitted to the Service Provider with a date when a response is due. Upon receipt of a CDR, the Service Provider shall immediately assess the situation and either correct the deficiency as quickly as possible or prepare a corrective action plan. In either event, the Service Provider shall return the CDR with the action planned or taken noted. After the COR reviews the Service Provider’s response to the CDR including its planned remedy or corrective action taken, the COR will either accept the plan or correction or reject the correction or plan for revision and provide an explanation. This process should take no more than one week. The contractor’s response shall include the corrective action(s) taken to rectify the problem and the proposed measure(s) to preclude the recurrence of the problem The CDR shall not be used as a substitute for quality control by the Service Provider.

(b) The COR, in addition to any other designated ICE official, shall be notified immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances, or protests); staff use of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff or detainees resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; full or partial lock down of the Facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or significant publicity; adverse weather (e.g., hurricanes, floods, ice or snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; significant environmental problems that impact the Facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed.

(c) If the COR concludes that the deficient or at-risk performance warrants a withholding or deduction, the COR will include the CDR in its monthly report, with a copy to the Contracting Officer. The CDR will be accompanied by the COR’s investigation report and written recommendation for any withholding. The Contracting Officer will consider the COR’s recommendation and forward the CDR along with any relevant supporting information to the Service Provider in order to confirm or further discuss the prospective cure, including the Government’s proposed course of action. As described in section 7 above, portions of the monthly invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken.

(d) Following receipt of the Service Provider’s notification that the correction has been made, the COR may re-inspect the Facility. Based upon the COR’s findings, he or she will recommend that the Contracting Officer continue to withhold a proportionate share of the payment until the correction is made or accept the correction as final and release the full amount withheld for that issue.

(e) If funds have been withheld and either the Government or the Service Provider terminates the Agreement, those funds will not be released. The Service Provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the Service Provider is not relieved of full performance of the required services hereunder; the Agreement may be terminated upon adequate notice from the Government based upon any one instance, or failure to remedy deficient performance, even if a deduction was previously taken for any inadequate performance.

(f) The COR will maintain a record of all open and resolved CDRs.

9. DETAINEE OR MEMBER OF THE PUBLIC COMPLAINTS

The detainee and the public are the ultimate recipients of the services identified in this Agreement. Any complaints made known to the COR will be logged and forwarded to the Service Provider for remedy. Upon notification, the Service Provider shall be given a pre- specified number of hours after verbal notification from the COR to address the issue. The Service Provider shall submit documentation to the COR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the Service Provider shall document its findings and notify the COR.

10. ATTACHMENTS

A. Performance Requirements Summary

B. Contract Discrepancy Report image1.png