70CDCR20R00000004.pdf

70CDCR20R00000004

NOTICE TYPE: Combined Synopsis/Solicitation

CLASSIFICATION CODE: G – Social Services

TITLE: Religious Services at five (5) Service Processing Centers

SOLICITATION NUMBER: 70CDCR20R00000004

RESPONSE DATE: NLT Monday, December 16, 2019, 7:00am EST

CONTACT POINTS: Briana Jones, Contract Specialist, (202) 732-2661

Amber Gray, Contracting Officer, (202) 732-7020

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplement with additional information included in this notice.

The announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This solicitation is being issued using FAR Subpart 13.5

Simplified Procedures for Certain Commercial Items.

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is issuing a request for quotation under solicitation number 70CDCR20R00000004 for Religious

Services at five (5) ICE Service Processing Centers (SPCs) in accordance with the Statement of

Work (SOW) listed below. The Government anticipates a Firm Fixed Price (FFP) Purchase

Order Award.

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2019-06.

The associated North American Industrial Classification System (NAICS) code for this procurement is 813110 – Religious Organizations with a small business size standard of $8 million.

This procurement is full and open competition.

Period of Performance:

Base Period (inclusive of a 30-day transition period): January 26, 2020 – January 25, 2021

Option Period 1: January 26, 2021 – January 25, 2022

Option Period 2: January 26, 2022 – January 25, 2023

Option Period 3: January 26, 2023 – January 25, 2024

Option Period 4: January 26, 2024 – January 25, 2025

Places of Performance:

Batavia Federal Detention Facility - 4250 Federal Drive, Batavia, NY 14020

Krome Service Processing Center - 18201 SW 12th Street, Miami, FL 33194

Port Isabel Service Processing Center - 27991 Buena Vista Blvd., Los Fresnos, TX 78566

El Paso Service Processing Center - 8915 Montana Avenue, El Paso, TX 79925

Florence Service Processing Center - 3250 N. Pinal Parkway, Florence, AZ 85132

Contract Line Item Number (CLIN) Structure:

Item

Number Description Quantity Unit Total Amount

BASE PERIOD

0001 Transition Costs 1 MO

0002 Batavia - Religious Services 11 MO

0003 Krome - Religious Services 11 MO

0004 Port Isabel - Religious Services 11 MO

0005 El Paso - Religious Services 11 MO

0006 Florence - Religious Services 11 MO

0007 Other Direct Costs

OPTION PERIOD ONE

1002 Batavia - Religious Services 12 MO

1003 Krome - Religious Services 12 MO

1004 Port Isabel - Religious Services 12 MO

1005 El Paso - Religious Services 12 MO

1006 Florence - Religious Services 12 MO

1007 Other Direct Costs

OPTION PERIOD TWO

2002 Batavia - Religious Services 12 MO

2003 Krome - Religious Services 12 MO

2004 Port Isabel - Religious Services 12 MO

2005 El Paso - Religious Services 12 MO

2006 Florence - Religious Services 12 MO

2007 Other Direct Costs

OPTION PERIOD THREE

3002 Batavia - Religious Services 12 MO

3003 Krome - Religious Services 12 MO

3004 Port Isabel - Religious Services 12 MO

3005 El Paso - Religious Services 12 MO

3006 Florence - Religious Services 12 MO

3007 Other Direct Costs

OPTION PERIOD FOUR

4002 Batavia - Religious Services 12 MO

4003 Krome - Religious Services 12 MO

4004 Port Isabel - Religious Services 12 MO

4005 El Paso - Religious Services 12 MO

4006 Florence - Religious Services 12 MO

4007 Other Direct Costs

Statement of Work

Religious Services Program

1.0 Goals

The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement

(ICE), Enforcement and Removal Operations (ERO), has a requirement for chaplains and support staff to establish and administer a Religious Services Program at each of five (5) dedicated ICE Detention Facilities located in Batavia, NY, Miami, FL (Krome), Los Fresnos, TX

(Port Isabel), Florence, AZ, and El Paso, TX.

2.0 Purpose

2.1 ICE ERO Mission

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

ERO upholds America’s immigration laws at, within and beyond our borders through efficient enforcement and removal operations.

2.2 Statement of Work Overview

The purpose of this Statement of Work (SOW) is to provide a Religious Services Program in accordance with ICE Performance Based National Detention Standards (PBNDS) 2011 (Revised

December 2016) for detainees at each of five dedicated ICE Detention Facilities. On-site contractor staff shall report to the Contracting Officer’s Representative (COR) and communicate any operational concerns to the COR and the Assistant Field Office Director (AFOD), who is the senior on-site ICE Official responsible for the Detention Facility.

The primary goal of this contract is to provide detainees access to a structured and consistent opportunity to practice religion. This goal will be accomplished through an on-site chaplain and program support staff whom will interact with the detainee population and coordinate a network of local volunteers who may provide worship services and religious instruction (i.e. classes) for detainees of various religious traditions. It is the policy of ICE to extend to all detainees the greatest amount of freedom and opportunity to pursue their individual religious beliefs and practices consistent with the safety and security of the facility.

The contractor shall coordinate worship services and instructional opportunities by providing detainees of recognized faith groups with reasonable and equitable gatherings subject to space availability at each ICE Detention Facility. The contractor shall coordinate pastoral care in a one-on-one setting with sensitivity, approachability, and availability to all detainees. The contractor shall also approve religious meals (meals provided by the ICE Food Services contractor per ICE

Policies and Standards) and advise ICE on religious property matters and instructional material for detainee use.

3.0 Contract Personnel Overview

The contractor shall provide fully staffed and qualified personnel to administer the Religious

Services Program. On-site staff shall undergo a security clearance at ICE expense prior to assuming any on-site position under this contract.

4.0 Performance Standards

The contractor shall organize, design and administer the Religious Services Program in compliance with any applicable federal, state, and local laws and licensing provisions as well as the applicable 2011 PBNDS (with 2016 revisions) and Religious Freedom Restoration Act of

1993 (RFRA) described below.

The Contractor shall abide by all rules and regulations found in the following:

1. Local Facility Policies and Procedures (available post-award to the successful contractor)

2. American Correctional Association (ACA) Standards for Adult Detention Facilities (most current edition) and the most recent copy of the supplement issued every two years. A copy is obtainable through the Internet website www.aca.org.

3. M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public)

– A copy is obtainable through the Internet website www.ice.gov

The following PBNDS 2011 (Revised December 2016) standards apply to this contract: Food

Service (4.1), Marriage Requests (5.3), Religious Practices (5.5), Religious Headwear, Garments, and Other Religious Property (Appendix 5.5.A). These standards are available at the https://www.ice.gov/detention-standards/2011 website.

The RFRA states, the “Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.” The law provides two exceptions:

1) There must be a compelling governmental interest in burdening the person’s exercise of religion; and 2) The burden must be the least restrictive way in which to further the government’s interest. Both exceptions must be met.

The Contractor shall not use or permit the use of the Government premises for any unlawful purpose, or any unlawful act.

4.1 Explanation of Terms

Adult detainee - any detainee eighteen (18) years of age or older.

Alien - any person who is not a citizen or national of the United States.

https://www.ice.gov/detention-standards/2011 https://www.ice.gov/detention-standards/2011

Assistant Field Office Director (AFOD) - ICE senior officer in charge of each facility.

Available 100% - the key personnel positions that require full-time contract employees and cannot be filled by part-time contract employees.

Classification - a process for determining the needs and requirements of those detainees for whom detention has been ordered and for assigning them to housing units and programs according to their needs and existing resources.

Classification Level – High, Medium, Low

High Risk Level – (Level 3) Detainees exhibit behavioral problems, or manifest a pattern of such behavior, or have a history of violent and/or criminal activity.

Medium Risk Level – (Level 2) Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior.

Low Risk Level – (Level 1) Detainees exhibit no behavioral problems and have no history of violent criminal behavior.

Contraband - any item possessed by a detainee or found within the facility, which is declared illegal by law, or expressly prohibited, by ICE policy. Contraband may include, but is not limited to, the following: drugs and alcohol, sharp objects or hardware that could be fashioned into a weapon, perishable foods that may pose health or spoilage problems, and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

Contract Employee - an employee of the contractor hired to perform a variety of detailed services.

Contracting Officer (CO) - ICE employee empowered to award, negotiate, administer, and terminate contracts.

Contract Line-Item Number (CLIN) – the services specified in the SOW that are priced by quantity and amount by the contractor and funded by the Government as identified on the

Standard Form 30 or Optional Form 336.

Contracting Officer’s Representative (COR) - ICE employee(s) designated and authorized by the Contracting Officer to monitor all technical aspects of the contract, certify invoices for payment, and assist in administering the contract.

Contractor - the firm, or entity, with whom ICE enters into this contract.

Contractor Required Property – property which contractor is responsible to provide under this

SOW.

Deliverable – a document containing specific information required by the contract and delivered to ICE on a daily, weekly, monthly, annual or ad hoc basis.

Department of Homeland Security (DHS) - a department of the United States Government, which includes U.S. Immigration and Customs Enforcement (ICE).

Detainee - any person detained under the auspices and the authority of any federal agency, primarily U.S. Immigration and Customs Enforcement (ICE). Many detainees have substantial and varied criminal histories.

Detainee Property – refers to personal property belonging to a detainee.

Emergency - any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, natural disaster, or other serious incident.

Enforcement and Removal Operations (ERO) - a division of ICE, whose mission is the planning, management, and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in violation of U.S. Immigration Law.

Entry on Duty (EOD) - the first day a contract employee begins performance on this contract.

Government - refers to the United States Government.

Government Property – any property owned or leased by the Government. Any property shared with the contractor shall be identified in an attachment to this SOW.

Grievance – a complaint filed by a detainee concerning personal health/welfare or the operation and services of the facility.

Housing Unit – the physical area where detainees reside.

Immigration and Customs Enforcement (ICE) - a law enforcement agency with the U.S.

Department of Homeland Security.

Non-Contact Visitation - visitation that restricts detainees from having physical contact with visitors using physical barriers such as screens and/or glass. Voice communications between the parties are typically accomplished with telephones or speakers.

Personal Identification Verification Card (PIV Card) – identification card provided by ICE to all contract employees to gain physical access to secure buildings and ICE computer resources.

Performance Requirements Summary (PRS) - a condensed listing of tasks, standards, acceptable quality level, and relative value of the services required by the SOW. The PRS identifies the essential service outputs of the contract that will be evaluated by the Government to assure the Contractor meets contract performance standards. The PRS is used to calculate invoice deductions.

Qualifications - documents providing primary source verification including education, training, licensure, experience, board certification, and expertise of an employee.

Quotation - a written submission by the offeror for consideration by ICE in response to the

Request for Quotation (RFQ).

Religious Freedom Restoration Act of 1993 (RFRA) – RFRA states, the “Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.” The law provides two exceptions: 1) There must be a compelling governmental interest in burdening the person’s exercise of religion; and 2) The burden must be the least restrictive way in which to further the government’s interest. Both exceptions must be met.

Service Processing Center (SPC) - refers to ICE owned and operated facilities for housing detainees.

Special Housing Unit (SHU) - the space set aside within the facility for administrative detention or disciplinary segregation.

Statement of Work (SOW) - that portion of the contract which describes the services to be performed under the contract.

Suitability Determination - security clearance process performed by the Government for all prospective and current contract employees to determine suitability to work or continue to work under this contract.

Swipe Card - government provided access card used to access the facility and areas not intended for public access.

Worship Service – includes sermons, talks, and recitation of religious texts, singing, and other observances.

4.2 Administration, Organization and Program Management

1. The contractor is responsible for exercising adequate and appropriate management oversight to implement and successfully perform the contract requirements at each site. The contractor shall implement and perform an on-site Religious Services Program at five separate ICE

Detention Facilities. ICE will provide contractor staff with administrative work space at each of the five detention facilities; however, depending on location such space may be shared with other employees of the facility.

2. The contractor shall provide a National Program Manager who will oversee operations at all five detention facilities and report directly to the COR.

3. The contractor Chaplain shall provide individual spiritual and personal counseling to detainees and provide comfort and care to detainees facing personal crisis. The Chaplain shall also make rounds to all housing units, including restrictive housing, in the facility on a regular basis (no less than once per week) and respond to religious needs of detainees.

4. The contractor shall actively seek out, recruit and coordinate a local network of volunteers to meet the diverse needs of faith groups reflecting the site population demographics. Volunteers, subject to an ICE background check and approval, shall provide regularly scheduled worship services, prayer gatherings, and religious instruction representing various faith traditions. The contractor is responsible for working collaboratively with volunteers in all aspects of ministry on-site and to maintain a fair and equitable management of volunteer resources.

5. The contractor shall:

• Develop religious programs at each facility,

• Coordinate and direct all religious activities,

• Provide guidance to ICE on religious matters at each facility,

• Actively seek volunteers to provide religious worship services and instruction opportunities,

• Report to ICE, and

• Schedule services and classes with the designated ICE official.

There shall be no discrimination against any detainee based on his/her religious beliefs or practices, however, religious beliefs do not justify any violation of facility rules or regulations.

6. The contractor shall acquire and manage the delivery of liturgy, conduct of services, administration of religious rites, and counsel of detainees needing spiritual advice. Further, the contractor shall meet with religious advisors, community religious leaders, and ICE to improve the Religious Services Program. The contractor shall promote interfaith understanding. The contractor shall purchase items that will improve the Religious Services Program (subject to ICE review and approval). The contractor shall facilitate the procurement of religious items, either through purchasing or in-kind donations. Religious items shall be provided to detainees in an unbiased and equitable way.

7. The contractor shall coordinate special religious holiday worship services, including but not limited to, providing religious items and appropriate/need specialty food items.

8. The contractor shall plan, organize and create religious instruction opportunities that occur on a weekly basis. The instruction opportunities (i.e. classes) shall be designed to present religious education to detainees. The contractor may also provide classes as a one-time special event on an as needed basis subject to local facility approval.

9. The contractor shall provide information and points of contact to detainees who seek conversion to a specific faith.

10. The contractor shall facilitate counseling for detainees requesting spiritual, personal or bereavement needs. Communication with detainees shall be kept confidential except to prevent a crime or protect the safety and security of the detainee or detention facility. The contractor shall not attempt to coerce a detainee to change religious preference.

11. The contractor shall encourage detainee participation in programs, provide reports to ICE and analyze detainee participation trends.

12. The contractor shall abide by facility policies for detainee attendance of religious services, classes, and religious events. Moreover, the contractor shall follow the PBNDS 2011 (with 2016

Revisions) and local ICE guidance on religious apparel and religious rituals that are appropriate for religious gatherings.

13. The contractor shall work with the designated ICE official to schedule activities that will allow each detainee the opportunity to participate in worship services and programs of his or her choice, consistent with the security, order and management of the facility.

14. Detainees shall have access to religious publications (books, magazines, literature, etc.)

electronically or physically within the chapel, facility library, or as available through the contractor’s Religious Services Program. Publications are subject to advanced approval in accordance with facility rules and regulations. The contractor shall assist detainees in accessing copies of religious books, periodicals, and literature subject to facility rules and approval. ICE allows detainees to use electronic tablets and has a very limited budget to purchase physical religious literature. The contractor may solicit literature donations through religious organizations or make purchases outright, but ICE will retain final approval authority prior to the religious literature being made available to the detainee population.

15. The contractor may suggest that certain religious literature, religious property, and specialty religious foods (if feasible by the facility Food Services) be made available via commissary as long as access is equitable across religious faiths. Final approval will be made by ICE in concert with the facility consistent with the security, order and management of the facility.

16. Detainee participation in religious offerings is voluntary. In certain situations, a religious service may be scheduled at the same time as another facility opportunity such as the detainee worker program or recreation. Detainee participation in any of these programs is done so voluntarily, and the contractor should be mindful that scheduling conflicts are sometimes not avoidable.

17. If a detainee requests to be married, the contractor shall follow the ICE PBNDS for marriage requests consistent with the security, order and management of the facility.

18. The contractor shall refer all media inquiries to the ICE Office of Public Affairs (OPA). The contractor shall not provide any information to any media source without the prior approval of

ICE OPA. The contractor shall immediately notify the COR and AFOD of any media inquiries.

19. The contractor shall provide a Quality Control Plan (QCP) that addresses measurable operational performance standards and quality program requirements for services rendered under this contract. The contractor shall incorporate in the QCP a system of reviews and method for updating all policies, plans, and procedures. The contractor’s QCP shall also include a monthly report by site to the COR. The report should include a list of worship services/instruction performed, number of detainees in attendance, who led each service/class/event, list of religious meals approved by facility, performance evaluation in compliance with the QCP and PBNDS.

20. Translation for detainees who do not speak English may be provided at worship gatherings or classes voluntarily by a member of the detainee population. In the event a detainee translator is not available the contractor may provide one or the contractor may utilize the ICE commercial phone language interpretive service subject to approval by ICE.

21. All detainees shall be treated with care, dignity, and respect. Detainees shall be: allowed solitude in conduct of religious services, rites, and rituals; allowed freedom to choose whether to participate in worship services, religious classes, religious meals, or any other religious event, and allowed to choose the religious gathering(s) of their choice. When practical, detainees shall be supported with religious materials, and special meals (in accordance with PBNDS 2011 w/2016 revisions).

22. The contractor shall establish policies and procedures to provide detainees freedom from discrimination based on race, ethnicity, religion, national origin, gender identification, sexual orientation, marital status, sex, color, disability, or political beliefs, and ensure equal access to the Religious Services Program. The contractor shall ensure Detainee civil rights are not violated. The contractor shall immediately notify the COR and AFOD of any change in condition of a detainee, to include abuse or neglect, or any unauthorized correspondence or contact with a detainee.

4.3 Personnel

The contractor shall provide at least one (1) chaplain for each site, who will be responsible and accountable for the overall administration, religious leadership, and function of the Religious

Services Program at each site. The local facility Chaplain will serve as the main point of contact for ICE and be accessible via cell phone 24 hours a day/7 days a week. The Chaplain, or their designee, shall physically arrive at the facility within 120 minutes of a call from ICE in an emergency. At least one of the Chaplain personnel will be from a differing faith than the others with a preference to a religion represented by a large portion of the ICE detainee population. All chaplains should have knowledge and demonstrated experience working with a wide-range of faith traditions.

The contractor shall also provide five (5) Religious Services Program Managers, one for each site, who shall work with the Chaplain to accomplish the duties outlined in this SOW. The local

Program Manager may be a member of the clergy who leads worship services and provides religious instruction. The local Program Manager shall provide logistics support for the

Religious Services Program, including coordinating volunteers, directly communicating with detainees, producing monthly reports, and providing overall administrative support to the program.

ICE recognizes and appreciates the opportunity for the contractor’s Chaplain and Program

Manager to participate in local congregations, religious organizations, and religious events that are not facility related. However, for the purposes of proposing personnel on this contract, it is understood that ICE considers the Chaplain and Program Manager positions to be full-time positions. If outside activities distract contract personnel from the duties of this contract, ICE reserves the right to exercise deductions to monthly invoices for non-performance and/or request a change in personnel.

The contractor shall provide a National Program Manager who will oversee the Religious

Services Program at the five (5) ICE facilities and act as a liaison for the COR. The National

Program Manager shall visit each of the facilities at least twice a year to ensure compliance with the SOW however the National Program Manager is not required to be in a specific location.

Local volunteers may be solicited who will lead individual worship services or religious classes.

The contractor is responsible for appointing volunteers, subject to a background check and final approval by ICE. Any decision to provide honoraria, reimburse mileage, or offer other reimbursements is strictly between the Religious Services Contractor and the volunteer and will not be funded through the contract.

4.4 Personnel Requirements

All staff, to include the contractor’s employees and volunteers, shall have the ability to greet and deal tactfully with detainees; effectively communicate with facility staff and detainees; articulate rules, orders, and instructions; communicate effectively in writing and compose reports.

Contractor staff shall demonstrate sound judgment, even temperament and maintain self-control in situations that involve mental stress.

The Chaplains shall: Possess a bachelor’s degree in an appropriate discipline (Religion, Religious Studies, Theology, etc.) and a minimum of 5-years’ ministry experience OR no degree and a minimum of 10-years ministry experience. The Chaplains shall possess experience, certification, and credentials appropriate to the goals and intent of this contract effort sufficient to show the ability to communicate, counsel, and provide pastoral care to detainees, lead volunteers, and create and lead a Religious Services Program.

The Program Managers shall: Possess a minimum of 2 years of relevant experience in the field of religion, social work, volunteer coordination, logistics management, or a similar field.

The National Program Manager shall have a minimum of 10 years of relevant experience in the field of religion, social work, volunteer coordination, logistics management, or a similar field to communicate, direct, order, lead and manage the staff at each of the sites.

Each Chaplain, Program Manager, and the National Program Manager shall be considered “key personnel” on this contract. Changes to contract key personnel shall not be made without the express written authorization of the Contracting Officer (CO). The contractor shall immediately notify the COR, and CO of any employee terminations, suspensions, resignations or employee discipline.

Volunteers shall be fully vetted by the contractor’s staff to determine each volunteer’s ability to positively add to the success of the Religious Services Program.

4.5 Standards of Conduct

The contractor shall develop standards of conduct that are consistent with the Federal Employee

Responsibilities and Conduct, 5 Code of Federal Regulations (CFR Part 735) and regulations referenced therein. Contractor staff will manage the Religious Services Program and provide accommodations in an equitable and neutral manner, without regard to the religious preference or country of origin of ICE ERO detainees. The contractor shall hold its employees accountable for their conduct based on these standards, which at a minimum shall include the following:

1. All employees must certify in writing they have read and understood these standards of conduct.

2. A record of this certificate shall be provided to the COR in advance of the employee beginning work under this contract.

3. Contractor staff shall not display favoritism or preferential treatment to one detainee or group of detainees or religious group or worship entity over another.

4. No contractor employee shall enter a personal relationship with a detainee or the detainee’s family or associates outside the scope and goals of this contract.

5. Staff is prohibited from accepting for themselves or any member of their family any personal gift, favor, or service from a detainee or from the detainee’s family or associates no matter how trivial the gift or service may seem. All staff is required to immediately report any such gifts, favors, or service from detainees, their family, or close associates.

6. Contractor employees are not permitted to enter any business relationship with detainees or their families or associates (i.e. selling, buying, trading, etc.).

7. Contractor shall immediately report any violations, attempted violations of the Standards of Conduct or any criminal activity to the COR. Violations may result in employee being removed from working on this contract. Failure on the part of the contractor to report any known violations or failure to take appropriate disciplinary action against an offending employee(s) shall subject the contractor to appropriate action up to and including termination of the contract for default.

8. Program staff is prohibited from providing legal advice to detainees, their families or their associates and is prohibited from interfering with a detainees’ immigration status or the execution of final immigration court orders. Failure to comply could result in removal of employee from working on this contract, or termination of contract.

4.6 Removal from Duty

ICE may direct the Contractor to remove any employee who has been disqualified either for security reasons or for being unfit to perform their duties as determined by the COR or the

Contracting Officer. A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below:

1. Failure to report misconduct as outlined above and/or offenses listed below;

2. Violation of the Rules and Regulations Governing Detention facilities set forth in the

M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General

Public);

3. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41

CFR 101-20.3;

4. Neglect of duty, including sleeping while on duty, loafing, unreasonable delays, failure to carry out assigned tasks, conducting personal affairs during official time, leaving post without relief, refusing to render assistance to a detainee, or failure to cooperate in upholding the security of the facility;

5. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records;

6. Theft, vandalism, practical jokes, immoral conduct, or any other criminal actions;

7. Possessing, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects;

8. Unethical or improper use of official authority or credentials;

9. Unauthorized use of communication equipment or any government property;

10. Misuse of equipment, weapons or any government resources;

11. Violations of security policies, procedures or regulations;

12. Recurring tardiness;

13. Possession of alcohol, illegal substances, or contraband while on duty;

14. Possessing unauthorized items as determined by the COR or AFOD;

15. Undue fraternization with detainees or with the detainee’s family or associates as determined by the COR;

16. Repeated failure to comply with visitor procedures;

17. Any action that involves acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense;

18. Any action that contributes to or results in a detainee escape;

19. Failure to maintain acceptable levels of job proficiency or to fulfill training requirements;

20. Changes in an employee’s ability to meet the physical and/or mental health requirements of this contract;

Any contract employee who has been arrested or who is under investigation by any law enforcement agency for alleged criminal misconduct will be removed from duties (i.e.

suspended) pending outcome of the investigation.

If a contract employee is removed from the contract, the Contractor may appeal the CO’s decision to remove an employee from the contract but must do so in writing to the CO and COR within 72 hours of CO’s written direction to the contractor to remove an employee from the contract.

4.7 Security Clearance, Drug Testing, and Credentials

All contract employees shall undergo a background investigation conducted by the ICE Office of

Professional Responsibility (OPR) prior to entry on duty (EOD). The COR will provide the contractor with the required forms. ICE shall have complete control over granting, denying, suspending, and terminating employment suitability checks for Contractor employees and prospective employees. If the COR receives a report indicating the unsuitability of any employee or prospective employees, the COR will inform the Contractor that ICE will not allow the individual on site.

Prospective contract employees possessing an appropriate Government security clearance may not be required to undergo a Background Investigation, as the clearance issued may be acceptable to ICE. In such cases, the contractor shall provide the COR with appropriate information on the individuals’ clearance and the COR will in turn work with OPR on an EOD determination.

All contract employees must be U.S. citizens and must have resided in the United States of

America for three out of the last five years.

ICE may, as it deems appropriate, authorize and make a favorable EOD decision based on preliminary security checks, which allows a contract employee to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability determination will follow. The suitability determination may take several months to complete. All EOD decisions and suitability determinations will be communicated to the contractor through the COR.

OPR may reinvestigate a contract employee at any time.

The Contractor shall screen all employees for illegal drugs prior to commencing work on this contract and within 30 days of contract award. All contract employees are subject to random drug testing for the use of illicit drugs. Drug screening is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP), and marijuana metabolites by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug Abuse (NIDA) must perform the screening and results shall be submitted as a deliverable to the COR.

ICE may require drug screening for probable cause at any time and/or when the Contractor independently identifies circumstances where probable cause exists. Refusal to submit to a drug test within the prescribed period will result in removal from duty in accordance with this SOW.

The Contractor shall post the ICE “Drug Free Workplace Policy” in all contract work areas.

ICE will provide Personal Identity Verification Cards (PIV) cards to all contract employees.

4.8 Training

ICE will provide facility orientation training to all new contract employees prior to beginning work on this contract. Orientation training will include an overview of the facility and mission of

ICE, security issues, PIV card requirements and an overall introduction to the detention facility.

Annual Refresher Training thereafter will be scheduled by ICE on a case-by-case-basis.

Contract employees shall complete ICE mandatory training forums and webinars as assigned by the COR. These mandatory training assignments vary from site-to-site and sometimes depend on whether the employee has access to local IT computer systems. Contract employees shall complete courses by the required deadlines. For planning purposes, these courses when combined, total 20 – 40 hours of training per year (depending on the site).

ICE will provide abbreviated facility orientation training to all volunteers prior to volunteering at the facility. Facility training thereafter will be required by ICE on a case-by-case-basis.

The Contractor shall maintain staff and volunteer training records and keep them updated as needed for the duration of the contract.

4.9 Monthly Deliverables and Meetings

For content requirements, see Section 4.2, Item 19 of this SOW. The Monthly Report is due by the 5th day of the month to cover the events of the previous month. The National Program

Manager shall submit the deliverables listed below to the COR.

Each Chaplain shall meet with ICE once per month as requested by the COR. These meetings may provide management level planning, review and assessment of contractor performance and/or a discussion and resolution of problems.

5.0 Performance Measures

The following measures are applicable to the Religious Services Program. The expected outcomes are:

Deliverable Time Frame

Report of Worship Services /

Classes Performed / the religious preferences per population of each facility as documented by each

Chaplain

Monthly on the 5th to the COR

Report of Religious Meals approved / Changes in Religious

Materials added or removed in the prior month

Monthly on the 5th to the COR

Notice of Hiring’s, Firings, Resignations, Suspensions or employee disciplinary actions

Monthly on the 5th to the COR

Notice of Weddings performed To the COR and the facility at least two (2) weeks prior to occurrence.

List of Volunteers and their

Participation Status (Pending While

Awaiting Security Clearance, Currently Volunteering, Departed on a specified date) at each facility and information on each Chaplain’s efforts to recruit volunteers

Monthly on the 5th to the COR. (Prior to an EOD, the COR must initiate the proper requests for background checks.)

Standards of Conduct Prior to the first day of the contract’s period of performance, the document must be submitted to the COR and approved by the COR.

1. Detainees will have opportunities to participate in practices of their religious faith that are deemed essential components of that faith, limited only by a documented showing of threat to the safety and security of the facility as determined by ICE.

2. All religions represented in the detainee population will have equal status without discrimination based on any detainees’ race, ethnicity, religion, national origin, gender identification, sexual orientation, marital status, sex, color, disability, or political beliefs.

3. Each facility religious program shall be planned, administered, and coordinated in an organized and orderly manner subject to availability of gathering space.

4. The contractor shall provide equipment, materials and personnel (including employees and volunteers) to conduct and administer religious programs.

5. Detainees of faith traditions not directly represented by chaplaincy staff or regular volunteers will be assisted with opportunities to practice their faith and be connected with external clergy or religious service providers to the extent practicable.

6. Each facility’s Religious Services Program shall be augmented and enhanced by volunteers on a regular or ad hoc basis.

7. Detainees in Special Housing Units and hospital units (on-site only) shall have regular access to religious programs and services.

8. Religious meals and celebratory holiday feasts will be provided for detainees whose religious beliefs require adherence to religious dietary laws to the maximum extent practicable.

9. The content of each program will be communicated to the detainee in a language that the detainee can understand.

10. If there is any conflict between this SOW and the 2011 ICE PBNDS (revised December

2016), the ICE PBNDS shall prevail and the conflict shall be brought to the attention of the COR and CO.

6.0 Places of Performance

The dedicated ICE Detention Facilities covered by this contract are located:

Batavia, NY. (Batavia Federal Detention Facility, 4250 Federal Drive, Batavia, NY. 14020) –

Maximum Population of 686

Miami, FL. (Krome Service Processing Center, 18201 SW 12th Street, Miami, FL. 33194) –

Maximum Population of 1,127

Los Fresnos, TX. (Port Isabel Service Processing Center, 27991 Buena Vista Blvd., Los Fresnos, TX. 78566) – Maximum Population of 1,731

El Paso, TX. (El Paso Service Processing Center, 8915 Montana Avenue, El Paso, TX. 79925) –

Maximum Population of 1,044

Florence, AZ. (Florence Service Processing Center, 3250 N. Pinal Parkway, Florence, AZ.

85132) – Maximum Population of 615

7.0 Period of Performance

The anticipated total period of performance for the contract is one (1) 12-month base period

(inclusive of a 30-day transition period) and four (4) 12-months option periods.

8.0 Quality Assurance Surveillance Plan (QASP)

The ICE QASP is included as Attachment 1 to this RFQ. The purpose of this document is to (1) define the role and responsibility of the COR, (2) describe the evaluation method that will be employed by the COR in assessing the contractor’s performance, and (3) Describe the documentation process for inadequate contractor performance.

Each month the contractor’s performance will be compared to the contract standards using the

Performance Requirements Summary (PRS), included as Attachment 1A to the SOW. If performance of a required service is unsatisfactory and the unsatisfactory performance is clearly the fault of the contractor, an amount of money up to the maximum payment percentage stated in the PRS may be deducted from the monthly invoice.

9.0 Required Security Language for Sensitive/But Unclassified (SBU) Contracts

SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

PRELIMINARY FITNESS DETERMINATION

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for contractor employees, based upon the results of a Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the contractor employee to commence work temporarily prior to the completion of a Full Field Background

Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary Fitness determination or final Fitness determination by the

Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the

Contractor shall be allowed unescorted access to a Government facility without a favorable preliminary Fitness determination or final Fitness determination by OPR-PSU. Contract employees are processed under DHS Instruction 121-01-007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto; those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process. (Sexual

Abuse and Assault Prevention Standards) implemented pursuant to Public Law 108-79 (Prison

Rape Elimination Act (PREA) of 2003)

BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract.

The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the

Personnel Security Unit. Contractor employees nominated by a Contracting Officer

Representative for consideration to support this contract shall submit the following security vetting documentation to OPR-PSU, through the Contracting Officer Representative (COR), within 10 days of notification by OPR-PSU of nomination by the COR and initiation of an

Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel

Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form completed on-line and archived by the contractor employee in their OPM e-QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of Questionnaire (e-signature recommended/acceptable – instructions provided to applicant by OPR-PSU). Completed on-line and archived by the contractor employee in their OPM e-QIP account.

3. Two (2) SF 87 (Rev. December 2017) Fingerprint Cards. (Two Original Cards sent via COR to OPR-PSU)

4. Foreign National Relatives or Associates Statement. (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic

“Release” of data via on-line account)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports

Pursuant to the Fair Credit Reporting Act” (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic

6. Optional Form 306 Declaration for Federal Employment (This document sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

7. If occupying PREA designated position: Questionnaire regarding conduct defined under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards)

(This document sent as an attachment in an e-mail to contractor employee from

OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic “Release” of data via on-line account)

8. One additional document may be applicable if contractor employee was born abroad. If applicable, additional form and instructions will be provided to contractor employee. (If applicable, the document will be sent as an attachment in an e-mail to contractor employee from OPR-PSU – must be signed and archived into contractor employee’s OPM e-QIP account prior to electronic

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity. The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. (Executive Order 13488 amended under Executive Order 13764/DHS

Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR-PSU at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU as notified by the COR.

To ensure adequate background investigative coverage, contractor employees must currently reside in the United States or its Territories. Additionally, contractor employees are required to have resided within the Unites States or its Territories for three or more years out of the last five

(ICE retains the right to deem a contractor employee ineligible due to insufficient background coverage). This time-line is assessed based on the signature date of the standard form questionnaire submitted for the applied position. Contractor employees falling under the following situations may be exempt from the residency requirement: 1) work or worked for the

U.S. Government in foreign countries in federal civilian or military capacities; 2) were or are dependents accompanying a federal civilian or a military employee serving in foreign countries so long as they were or are authorized by the U.S. Government to accompany their federal civilian or military sponsor in the foreign location; 3) worked as a contractor employee, volunteer, consultant or intern on behalf of the federal government overseas, where stateside coverage can be obtained to complete the background…