09.13_A0004_Multi-Texas_RFP_70CDCR20R00000001_Track Changes.pdf

Section B

SECTION B:

SUPPLIES OR SERVICES AND

PRICES/COSTS

B.1 GENERAL

The Contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Performance Work Statement on an Indefinite Delivery – Indefinite Quantity basis to have detention beds purchased on a firm fixed price basis.

B.2 CONTRACT PRICING

Offerors are instructed to fill in the Contract Line Item Number (CLIN) table below. This table may be edited prior to award but is anticipated to be the CLIN structure that will be utilized for this contract. All Base and Option Period pricing shall be incorporated into this contract upon award. Offerors may propose an alternate CLIN structure. Offerors shall use the Capacity Rate as defined in Section M for the Unit Price for all Detention Services CLINs.

Base Period (12 months):

CLI

N Description Unit QTY Unit Cost Total

0001a Transition (if needed) MO 2 $ -b Detention Services EA $ -

On-Call Stationary Guard Services HR

10,000 $ -

0003a Requirement A - Transportation Mileage

DH

(Miles)

150,000 $ -b

Requirement B - Transportation Mileage DH

14,167 $ -

0003c Requirement C - Transportation Mileage DH

130,000 $ -

0004 Detainee Work Program EA 500 1.00

Option Period 1 (12 months):

CLIN Description Unit QTY Unit Cost Total 1001 Detention Services EA $ - $ - 1002 On-Call Stationary Guard Services HR 12,000 $ - $ -

1003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

1003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

1003c Requirement C - Transportation Mileage DH 130,000 $ - $ -

1004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 2 (12 months):

2001 Detention Services EA $ - $ - 2002 On-Call Stationary Guard Services HR 12,000 $ - $ -

2003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

2003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

2003c Requirement C - Transportation

2004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 3 (12 months):

3001 Detention Services EA $ - $ - 3002 On-Call Stationary Guard Services HR 12,000 $ - $ -

3003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

3003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

3003c Requirement C - Transportation Mileage DH 130,000 $ - $ -

3004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 4 (12 months):

CLIN Description Unit QTY Unit Cost Total 4001 Detention Services EA $ - $ - 4002 On-Call Stationary Guard Services HR 12,000 $ - $ -

4003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

4003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

4003c Requirement C - Transportation

4004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 5 (12 months):

5001 Detention Services EA $ - $ - 5002 On-Call Stationary Guard Services HR 12,000 $ - $ -

5003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

5003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

5003c Requirement C - Transportation Mileage DH 130,000 $ - $ -

5004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 6 (12 months):

CLIN Description Unit QTY Unit Cost Total 6001 Detention Services EA $ - $ - 6002 On-Call Stationary Guard Services HR 12,000 $ - $ -

6003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

6003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

6003c Requirement C - Transportation

6004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 7 (12 months):

7001 Detention Services EA $ - $ - 7002 On-Call Stationary Guard Services HR 12,000 $ - $ -

7003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

7003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

7003c Requirement C - Transportation Mileage DH 130,000 $ - $ -

7004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 8 (12 months):

CLIN Description Unit QTY Unit Cost Total 8001 Detention Services EA $ - $ - 8002 On-Call Stationary Guard Services HR 12,000 $ - $ -

8003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

8003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

8003c Requirement C - Transportation

8004 Detainee Work Program EA 500 $ 1.00 $ 500.00

Option Period 9 (12 months):

9001 Detention Services EA $ - $ - 9002 On-Call Stationary Guard Services HR 12,000 $ - $ -

9003a Requirement A - Transportation Mileage DH 180,000 $ - $ -

9003b Requirement B - Transportation Mileage DH 17,000 $ - $ -

9003c Requirement C - Transportation

9004 Detainee Work Program EA 500 $ 1.00 $ 500.00

B.3 MINIMUM AND MAXIMUM QUANTITIES

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

Minimum: $1,000,000 during the period of performance of the IDIQ.

Maximum: The maximum for each IDIQ will be the calculated total value of the IDIQ including the base year and all options multiplied by 50%. This amount will be stated in the IDIQ award.

B.4 FUNDING

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the Government

Section C

SECTION C:

DESCRIPTION/SPECIFICATIONS/PERFO

RMANCE WORK STATEMENT

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

Performance Work Statement Detention Services

(Texas-Wide RFP)

See Attached PWS

Section D

SECTION D:

PACKAGING & MARKING

[THIS SECTION IS INTENTIONALLY LEFT BLANK]

[END OF SECTION D]

Section E

SECTION E:

INSPECTION AND ACCEPTANCE

*Note: All information in this section of the solicitation is applicable to all awards for Requirements A, B, and C*

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

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

http://acquisition.gov/far/index.html.

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

E.2 INSPECTION REQUIREMENTS

Review of Deliverables ---

a. The Contracting Officer or Contracting Officer’s Representative will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days from receipt by the Government of the initial deliverable.

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

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

http://acquisition.gov/far/index.html

E.3 DELIVERABLES CHART

# Deliverable Due Date

1 Quality Control Plan With Proposal Submission; Updated as Needed

2 Plans, Policy and Procedures Manual

Plan and Policy: as required with Proposal Submission;

Procedures Manual: 5 days after award

3 Standard Operating Procedures Within 30 calendar days of award of contract

4 Post Orders Within 30 calendar days of award of contract, annually and as requested by the COR.

5 Communication Plan With Proposal Submission; Updated as Needed

6 Resumes of Key Personnel Submitted within 5 days after award. For all new candidates, prior to Entry on Duty (EOD)

7 Organizational Chart With Proposal Submission and after that, anytime as requested.

8 Staffing Plan With Proposal Submission and after that anytime as requested by the COR.

Documentation of employee receipt of ICE Operations Policy/Procedure

Manual As requested by COR

10 Contractor employee certification for standards of conduct As requested by COR

Contractor employee violation of standards of conduct and disciplinary action

Reported immediately* to COR

12 Notification of change in employee’s health status

Notification immediately to COR (immediate verbal report, with written follow-up)

Employee termination, transfer, suspension, personnel action relating to disqualifying information or incidents of delinquency

Notification immediately to COR (immediate verbal report, with written follow-up)

14 Report of any on contract employee misconduct

Notification immediately to COR (immediate verbal report, with written follow-up)

15 e-QIP Security Process Prior to Entry on Duty (EOD)

16 Physical Force Incident Reports Reported to COR immediately (immediate verbal report, with written report within two (2) hours of incident)

17 Report of escapes Reported to COR immediately (immediate verbal report, with written report within two (2) hours of incident)

18 Physical harm or threat to safety, health or welfare

Reported to COR immediately (immediate verbal report, with written report within 24 hours of incident)

19 Drug Test Results Upon EOD and as requested by COR, or reported immediately to COR upon found violation

20 Emergency Call Back Roster Quarterly or as needed

21 Training Plan, with Curriculum Within 30 calendar days of award of contract;

Updated as Needed

22 Quarterly Training Forecast Quarterly

Training certification and reports for formal and on the job training

(including Supervisors and refresher)

As requested by COR

24 Daily Time Sheet As requested by COR

25 Emergency Action Plan to include Auxiliary Power procedures

Within 30 calendar days of award of contract;

Updated as Needed

26 Sexual Assault & Suicide Prevention Program No later than the post award conference

27 Firearms Training Certificates Annually

28 Employee Weapon Permit To COR 3 days prior to EOD, and then after as requested by COR

29 Notification of employee criminal activity

Reported immediately to COR and appropriate law enforcement agency.

30 Officer Testing Questions and Results Post award, as needed by the COR

31 Key, Tool Cabinet Inventory Class A and Class B Log At the beginning of day and end of each shift

32 Equipment Inventory Within 30 calendar days after award of contract, then annually or as requested by COR

33 Intervention Equipment Inventory Within 30 calendar days after award of contract, then annually or as requested by COR

34 Regular Tool Control Log Monthly

35 Detainee Volunteer Work Screening Form (Request Form) As required

36 Detainee Volunteer Work Program Training Form As required

37 ACA Accreditation Within 18 months of contract award

38 Proposed daily transportation routes Within 30 calendar days of contract award

39 Safety Devices/Equipment Training Plan Quarterly

40 Chemical Perpetual Inventory Sheet As requested by COR

41 Compliance and Independent Audit Report Annually

42 Key Indicators Report Monthly, by 5th of each month for previous month’s data

43 General Supply/Inventory Plan

Within 30 calendar days after award of contract, then annually or as requested by COR

44 Commissary Inventory List As requested by COR

45 Statement of Detainee Funds Accounts As requested by COR

46 IT Security Plan Within 30 calendar days after award of contract

47 Finalized List of Approved Food Vendors

Within 30 calendar days after award of contract and upon any changes thereafter

48 Prime Vendor/Food Service Expenditures As requested by COR

49 Employee Meal Ticket Sales Report As requested by COR

50 Number of Meals Served/Daily Meal Count Quarterly or as requested by COR

51 Detainee Records Continuous

52 Detainee Death Reported immediately to COR (immediate verbal report, with written report within two (2) hours of incident)

53 Detainee Departure Documents Continuous, prior to detainee departing.

54 Detainee Volunteer Food Service Worker Contingency Plan

Within 30 calendar days of award of contract and after that anytime as requested by the COR.

55 35 Day Regular Menu Monthly

56 Physical damage to the facility documentation

Immediate verbal report to COR, with written report within five (5) days.

57 Detainee Special Needs Menu As requested by COR

58 Daily Diet List (Medical & Religious) As requested by COR

59 Holiday Menus Annually

60 Emergency Food Preparation and Service Schedule

Within 30 calendar days of award of contract

ACA Temperature Log Report

(refrigerators, freezers, dishwasher temperatures and water)

As requested by COR

62 Food Service Weekly Inspection Log Weekly or as requested by COR

63 Food Handler Certification Maintained for all food service employees at all times, and as requested by COR

64 Food and Non-Food Inventory Monthly or as requested by COR

65 Maintenance Service Work Orders As requested by COR

66 Common Fare Cost for Detainees Quarterly, or as requested by COR

67 Authorized Detainee Worker List Weekly Schedule Weekly, or as requested by COR

68 Detainee Volunteer Food Service Work Detail Pay List Monthly

69 Monthly Medical Inspection Corrective Actions Monthly

70 Certified Dietician In- Service Staff Training and Department Inspection Quarterly, or as requested by the COR

71 Medical Clearance including TB test

For all new employees and after diagnosed with illness or communicable disease.

Employees must be re-examined and medically cleared before returning to work. TB test certification annually.

72 Vehicle inventory log and interior specification for each vehicle type

Within 30 calendar days of award of contract, annually and as requested by COR

Menu Cycle (Revisions and

Registered Dietician Recertification of all menus)

Annually

End of Month Food Service Cost Report, including Cost Per Meal

Data Annually

75 Firearms Control Register As requested by COR

76 Surveillance Video As requested by COR

77 Detainee or Contractor Employee Contraband Found Report

Immediately to COR (immediate verbal report, with written follow-up)

78 Staff Vacancy Report To COR by 5th of each month for previous month’s data

79 Additional Reports as requested by the COR As needed

80 Notice of facility readiness 10 days prior to the end of the Transition Period

81 Records related to performance by contractor

As requested by CO or COR at any time during the term of the contract or at termination/expiration.

82 Litigation As requested by CO or COR at any time during the term of the contract or at/after termination/expiration.

83 Congressional Inquiry Immediately to COR and CO (immediate verbal report, with written follow-up) to FOD, DFOD, COR, and CO

84 Press statements and/or releases To FOD, DFOD & COR prior to release

Correctional Officer assignment, Names of Supervisory Correctional Officers, and Shift Rosters

As requested by COR

86 Overnight lodging requests Advance of commencement of overnight trip

87 Non-returned ID Badges/Credentials Immediately to COR

88 Intelligence Information Immediately to COR

89 Serious Incidents Immediately to COR

90 Contractor Employee Manual Within 30 calendar days of award of contract and after that anytime as requested by the COR.

91 Any requested Detainee medical documentation Immediately to COR

92 Medical and Personnel Records of Contractor Employees As requested by COR

93 Contractor Business Permits and Licenses

Within 30 calendar days of award of contract and after that anytime as directed by COR.

94 Contractor Employee Registrations, Commissions, Permits, and Licenses

Prior to EOD and then after, as requested by

COR

95 Correctional Officer Post Assignment Record As requested by COR

96 Count Records As requested by COR

97 GSA Form 139 or ICE equivalent As requested by COR

98 Authorization to exceed a change in duty

To COR for approval prior to commencement of change of duty

99 Lost and Found As requested by COR

100 Security incidents – computers To COR within four (4) hours of incident

101 Daily Detainee Manifest As requested by COR

Contract Discrepancy Report, Corrective Action Plan, or outcome measures required by any inspection or accreditation review, QASP or PBNDS requirements

As outlined within the requiring document

103 Spill Report Immediately to COR

104 Transition-Out 1 week after notification of Transition to New Vendor

105 Small Business Subcontracting Plan Submitted with Proposal

106 Operational Data/Metrics Summary Due within three (3) days of request

* The word “immediately” or “immediate,” as used above in the Deliverables Chart is defined as “as soon as reasonably possible”. The Contractor should use prudent and reasonable judgement to determine the timeframe necessary to notify the Government as defined above based on the situation, but it should not exceed a reasonable timeframe to notify the Government. For example, a reasonable timeframe for a physical force incident is as soon as the incident that required a physical force response has been contained. A reasonable timeframe to notify the Government of an attempted escape is after the detainee is safely within the confines of the building. A reasonable timeframe to report an actual escape in which the Contractor does not know the location of the detainee is as soon as the Contractor realizes there has been an escape. In the case of a conflict between the Program Office and the Contractor on a reasonable timeframe, the Contracting Officer will determine the appropriate reasonable timeframe.

E.4 ACCEPTANCE CRITERIA

The Government will provide written notification of acceptance or rejection of all final deliverables within thirty (30) calendar days. Absent written notification, final deliverables may be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

[END OF SECTION E]

Section F

SECTION F:

DELIVERIES OR PERFORMANCE

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

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

Clause Number Clause Title Date 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

F.2 PERIOD OF PERFORMANCE

Each contract, when awarded, has an anticipated period of performance will include a base period of one (1) year and nine (9) one-year options in accordance with FAR 17.2. Included in the base period will be a sixty (60) day transition period and three hundred-five (305) day operational period. The option to extend services for up to six (6) months, in accordance with FAR 52.217-8, is being evaluated but will not be listed as a separate CLIN. The associated cost will not be included in the overall price of the contract:

The anticipated period of performance for each requirement is as follows:

Note: Actual dates will be incorporated in the tables below once the award date is finalized.

Until then general periods are included for planning purposes.

Requirement A:

Period of Performance Dates Base Period (inclusive of 60-day transition period) 12 months

In Accordance with FAR 52.217-9 Option 1 12 months Option 2 12 months Option 3 12 months Option 4 12 months Option 5 12 months Option 6 12 months http://acquisition.gov/far/index.html

Option 7 12 months Option 8 12 months Option 9 12 months

Requirement B:

Base Period (inclusive of 60-day transition period) 12 months

In Accordance with FAR 52.217-9 Option 1 12 months Option 2 12 months Option 3 12 months Option 4 12 months Option 5 12 months Option 6 12 months Option 7 12 months

Requirement C:

Base Period (inclusive of 60-day transition period) 60 days

In Accordance with FAR 52.217-9 Option 1 12 months Option 2 12 months Option 3 12 months Option 4 12 months Option 5 12 months Option 6 12 months Option 7 12 months

F.3 PLACE OF PERFORMANCE:

Address of the place of performance will be filled in after award.

See PWS Addendum for each Requirement for location requirements.

In General, no single facility for any requirement describe below should provide housing of less than 250 adults. Each facilities’ requirements are as follows:

• One facility or several facilities shall house approximately 2,000 adult male and female detainees within the San Antonio AOR (hereby referred to as “Requirement A”).

Requirement A shall be located within 75 miles from the San Antonio Field Office located at 1700 NE Loop 410, San Antonio Texas 78217, to maximize transportation and manpower efficiencies, and no more than 30 driving miles from a major hospital and emergency services. The facility(ies) shall have access to public and commercial transportation routes and services and must be located 90 driving miles or less from San Antonio International Airport (SAT). The facility(ies) is (are) expected to house Level 1, 2, and 3 risk detainees. Please see PWS Addendums for additional specific requirements.

• A second facility or facilities is required to house approximately 520 adult female detainees within the San Antonio AOR (hereby referred to as “Requirement B”). The facility(ies) must be located within 50 driving miles from Austin-Bergstrom International Airport and no more than 30 driving miles from a major hospital and emergency services. The facility(ies) shall have access to public and commercial transportation routes and services.

The facility(ies) is (are) expected to house Level 1 risk detainees. Please see PWS Addendums for additional specific requirements.

• A third facility or facilities is required to house approximately 1,000 adult male and female detainees within the Houston AOR (hereby referred to as “Requirement C”). These detention services must be performed within 50 driving miles from the Houston Field Office located at 126 Northpoint Drive, Houston, TX 77060, and must be within 15 driving miles or less from the George Bush International Airport of Houston. The facility(ies) can be no more than 30 driving miles from a major hospital and emergency services. The facility(ies) shall have access to public and commercial transportation routes and services.

The facility(ies) is (are) expected to house Level 1, 1.5, 2, and 3 risk detainees. Please see PWS Addendums for additional specific requirements.

Each facility shall be managed and operable 24 hours a day, 7 days a week for 365 days a year and 366 days a year for any leap years. The services at all three (3) facilities shall be conducted in accordance with industry standards and ICE’s Performance Based National Detention Standards (PBNDS) 2011, as revised in 2016, as well as applicable federal, state, and local laws, regulations, codes, guidelines, policies and standards. The facilities must meet the requirements of the DHS Final Rule, 6 CFR Part 115, Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities, also known as the DHS Prison Rape Elimination Act (PREA) Standards applicable to immigration detention facilities.

F.4 CONTRACTOR EVALUATING PROCEDURES:

The Government will issue Contractor performance ratings for each awarded requirement from this solicitation via the Contractor Performance Assessment Reporting System (CPARS) in accordance with FAR 42.1502. The CPARS website is located: http://www.cpars.gov.

[END OF SECTION F]

http://www.cpars.gov/

Section G

SECTION G:

CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the ICE and the Contractor.

The Government points of contact for any resulting contract shall be identified at time of award.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The following individual is designated and authorized by the CO to perform contract administration functions related to the technical performance of this contract.

To Be Designated at Time of Award

(a) The Contracting Officer (CO) may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The CO will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The CO cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the CO.

G.3 INVOICE REQUIREMENTS

Invoices shall be submitted as follows:

Service Providers/Contractors shall use these procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be submitted monthly in a “.pdf” format in accordance with the contract terms and conditions via email, United States Postal Service (USPS) or facsimile as follows:

a) Email:

• Invoice.Consolidation@ice.dhs.gov

• Contracting Officer Representative (COR) or Government Point of Contact (GPOC)

• Contract Specialist/Contracting Officer

Each email shall contain only (1) invoice and the invoice number shall be indicated on the subject line of the email.

b) USPS:

DHS, ICE

Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495-1620

ATTN: (utilize code below based on which requirement)

Codes:

Requirement A: ICE-ERO-FOD-FAO Requirement B: ICE-ERO-FOD-FAO Requirement C: ICE-ERO/FOD-FHO

The Contractors Data Universal Numbering System (DUNS) Number must be registered and active in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met.

The ICE program office identified in the task order/contract shall also be notated on every invoice.

c) Facsimile:

Alternative Invoices shall be submitted to: (802)-288-7658

Submissions by facsimile shall include a cover sheet, point of contact and the number of total pages.

Note: The Service Provider’s or Contractor’s Dunn and Bradstreet (D&B) DUNS Number must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

2. Content of Invoices: Each invoice shall contain the following information in accordance with 52.212-4 (g), as applicable:

(i). Name and address of the Service Provider/Contractor. Note: the name, address and DUNS mailto:Invoice.Consolidation@ice.dhs.gov https://www.sam.gov/ number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and DUNS information of that entity must also be provided which will require Government verification before payment can be processed;

(ii). Dunn and Bradstreet (D&B) DUNS Number;

(iii). Invoice date and invoice number;

(iv). Agreement/Contract number, contract line item number and, if applicable, the order number;

(v). Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered;

(vi). If applicable, shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii). Terms of any discount for prompt payment offered;

(viii). Remit to Address;

(ix). Name, title, and phone number of person to resolve invoicing issues;

(x). ICE program office designated on order/contract/agreement and

(xi). Mark invoice as “Interim” (Ongoing performance and additional billing expected) and “Final” (performance complete and no additional billing)

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

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

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

a. Detention Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

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

• Name of each detainee;

• Detainees identification information

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

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

• Bed day rate;

• Detainees check-in and check-out dates;

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

• Name of each detainee;

• Detainees identification information

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

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

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

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

• The location where the guard services were provided,

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

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

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

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

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

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

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

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

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

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

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

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

5. Invoice Inquiries. If you have questions regarding payment, please contact ICE Financial Operations at 1-877-491-6521 or by e-mail at OCFO.CustomerService@ice.dhs.gov.

Invoices without the above information may be returned for resubmission.

The preferred method of submittal is email.

[END OF SECTION G]

mailto:OCFO.CustomerService@ice.dhs.gov

Section H

SECTION H:

SPECIAL CONTRACT REQUIREMENTS

H.1. CONTRACTOR’S INSURANCE

The Contractor shall maintain insurance in an amount not less than $3,000,000 to protect the Contractor from claims under workman’s compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by the Contractor itself or by any subcontractor or anyone directly or indirectly employed by either business entity. The Contractor shall maintain General Liability insurance: bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence is required.

Additionally, an automobile liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property coverage. Certificates of such insurance shall be subject to the approval of the CO for adequacy of protection. All insurance certificates required under this contract shall provide 30 days’ notice to the Government of any contemplated cancellation.

The Contractor shall provide that all staff having access to detainee monies and valuables are bonded in an amount sufficient to ensure reimbursement to the detainee by the Contractor in case of loss.

H.2. SECURITY REQUIREMENTS - REQUIRED SECURITY LANGUAGE FOR

SENSITIVE /BUT UNCLASSIFED (SBU) CONTRACT DETENTION FACILITY

General: Performance under this Contract Detention Facility requires access to sensitive DHS information and will involve direct contact with ICE Detainees. The Contractor shall adhere to the following.

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

• Misconduct or negligence in employment;

• Criminal or dishonest conduct;

• Material, intentional false statement or deception of fraud in examination or appointment;

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

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

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

• Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation;

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

Government by force;

• Any statutory or regulatory bar which prevents the lawful employment of the person involved in the position in question (for Excepted Service employees); and

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

Contractor Employee Fitness Screening: Screening criteria under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards) implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003) or successor thereto, that WILL exclude contractor employees from consideration to perform under this agreement includes:

• Engaged in Sexual Abuse in a Prison, Jail, Holding Facility, Community Confinement Facility, Juvenile Facility, or other Institution as defined under 42 USC 1997;

• Convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse;

• Civilly or administratively adjudicated to have in engaged in such activity.

Subject to existing law, regulations and/or other provisions of this Agreement, illegal or undocumented aliens shall not be employed by the Service Provider.

1.2.1 GENERAL

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

1.2.2 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.

1.2.3 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 “Release” of data via on-line account)

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. 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 “Release” of data via on-line account)

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 investigation; 4) studied abroad at a U.S.

affiliated college or university; or 5) have a current and adequate background investigation (commensurate with the position risk/sensitivity levels) completed for a federal or contractor employee position, barring any break in federal employment or federal sponsorship.

Only U.S. Citizens and Legal Permanent Residents are eligible for employment on contracts requiring access to DHS sensitive information unless an exception is granted as outlined under DHS Instruction 121-01-007-001. Per DHS Sensitive Systems Policy Directive 4300A, only U.S. citizens are eligible for positions requiring access to DHS Information Technology (IT) systems or positions that are involved in the development, operation, management, or maintenance of DHS IT systems, unless an exception is granted as outlined under DHS Instruction 121-01-007-001.

1.2.4 TRANSFERS FROM OTHER DHS CONTRACTS:

Contractor employees may be eligible for transfer from other DHS Component contracts provided they have an adequate and current investigation meeting the new assignment requirement. If the contractor employee does not meet the new assignment requirement a DHS 11000-25 with ICE supplemental page will be submitted to OPR-PSU to initiate a new investigation.

Transfers will be accomplished by submitting a DHS 11000-25 with ICE supplemental page indicating “Contract Change.” The questionnaire related to 6 CFR § 115.117 listed above in item 7 will be required for positions designated under PREA.

1.2.5 CONTINUED ELIGIBILITY

ICE reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee whose actions conflict with Fitness standards contained in DHS Instruction 121-01-007-01, Chapter 3, paragraph 6.B or who violate standards of conduct under 6 CFR § 115.117. The Contracting Officer or their representative can determine if a risk of compromising sensitive Government information exists or if the efficiency of service is at risk and may direct immediate removal of a contractor employee from contract support. The OPR- PSU will conduct periodic reinvestigations every 5 years, or when derogatory information is received, to evaluate continued Fitness of contractor employees.

1.2.6 REQUIRED REPORTS

The Contractor will notify OPR-PSU, via the COR, of all terminations/resignations of contractor employees under the contract within five days of occurrence. The Contractor will return any expired ICE issued identification cards and building passes of terminated/ resigned employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contractor employees under the contract to the OPR-PSU, via the COR, as soon as possible.

Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the contractor employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR a Quarterly Report containing the names of contractor employees who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation). The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

Contractors, who are involved with management and/or use of information/data deemed “sensitive” to include ‘law enforcement sensitive” are required to complete the DHS Form 11000-6-Sensitive but Unclassified Information NDA for contractor access to sensitive information. The NDA will be administered by the COR to the all contract personnel within 10 calendar days of the entry on duty date. The completed form shall remain on file with the COR for purpose of administration and inspection.

Sensitive information as defined under the Computer Security Act of 1987, Public Law 100-235 is information not otherwise categorized by statute or regulation that if disclosed could have an adverse impact on the welfare or privacy of individuals or on the welfare or conduct of Federal programs or other programs or operations essential to the national interest. Examples of sensitive information include personal data such as Social Security numbers; trade secrets; system vulnerability information; pre-solicitation procurement documents, such as statements of work;

and information pertaining to law enforcement investigative methods; similarly, detailed reports related to computer security deficiencies in internal controls are also sensitive information because of the potential damage that could be caused by the misuse of this information. All sensitive information must be protected from loss, misuse, modification, and unauthorized access in accordance with DHS Management Directive 11042.1, DHS Policy for Sensitive Information and ICE Policy 4003, Safeguarding Law Enforcement Sensitive Information.”

Any unauthorized disclosure of information…