A0002_Attachment 01 - PWS_Clean.pdf

UC AND FAMU Transportation Services PWS

SECTION C

PERFORMANCE WORK STATEMENT

UC and FAMU TRANSPORTATION SERVICES

1. BACKGROUND

U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), has a continuing and mission-critical responsibility for transporting apprehended noncitizens from U.S. Customs and Border Protection (CBP/BP) and other agencies. Among the groups of noncitizens transferred from CBP to ICE are unaccompanied children (UC) and accompanied children (AC) that are part of a family units (FAMU). ICE is responsible for transporting UC to the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) shelters located throughout the continental United States and FAMU to ICE program offices, nongovernmental organizations, and ICE Air Operations/Juvenile and Family Management Transportation and Compliance Unit (JFMTCU) staging locations.

The Immigration and Nationality Act (INA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 and 2013 provide certain safeguards aimed at protecting UC encountered within the United States or at its borders or ports of entry. The law requires that certain U.S.

government agencies develop policies and procedures to protect UC in the United States from traffickers and, when appropriate, safely repatriate UC to their country of nationality or last habitual residence.

DHS places those UC who cannot be returned immediately, as well as all UC from countries other than Mexico or Canada, in removal proceedings under § 240 of the INA. DHS then transfers the UC to the care and custody of HHS/ORR. ORR houses UC in shelters, foster care, residential treatment centers, therapeutic group homes, staff-secure facilities, and secure facilities.

The volume of UC and FAMU apprehensions continue to create numerous operational challenges for DHS components; CBP and ICE continue to work on ways to improve the processing and transfer of this vulnerable population.

ICE transports UC and FAMUs via ground, commercial air, and charter flights. ICE estimates that approximately 88,424 UC will be transported annually through this contract: 14% air transportation and 86% via ground transportation. ICE estimates that approximately 72,550 FAMU will be transported by the contractor per year: 21% commercial or charter air and 79% local ground transportation.

ORR has the sole authority to determine where ORR shelters will exist and where a UC will be placed for long-term care. The locations of ORR shelters will likely shift depending on ORR’s contracting methods.

In some cases, ORR may not provide ICE with much advance notice as to when a new shelter opens. The contractor shall be prepared to transport UC to any location nationwide without delay.

2. TERMS AND DEFINITIONS

Admission The lawful entry of a noncitizen into the United States after inspection and authorization by an Immigration Officer. See INA § 101(a)(A).

Adult A person eighteen (18) years or older.

Asylee A noncitizen in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality and/or is seeking protection from that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the noncitizen’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the noncitizen last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.

Cancellation of Removal

For Permanent Residents - Relief from removal which may be granted by an Immigration Judge (IJ) pursuant to INA § 240A(a) to certain eligible lawful permanent residents, in effect “canceling” the removal which otherwise would occur as a result of the noncitizen’s violation of the INA and finding by the IJ that the noncitizen is inadmissible or deportable.

For non-Permanent Residents - Relief from removal which may be granted by an IJ pursuant to INA § 240A(b) to certain noncitizens who are not lawful permanent residents and who have been found to be inadmissible or deportable from the U.S. Noncitizens receiving this relief are made lawful permanent residents of the U.S.

Caregiver An adult that is caring for a UC with special needs may be allowed to provide care until their identity is verified, or until ORR may be able to provide additional licensed staff to assist the special needs children.

Contraband: Any item that noncitizens are not authorized to have in his or her possession while in the custody of ICE.

Contracting Officer (CO) Contracting officer is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on the part of the federal government, in this case ICE. The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer. Administrative contracting officer (ACO) refers to a contracting officer who is administering contracts. 42 C.F.R. § 2.101

Contracting Officer’s Representative (COR) The CO is assisted in his or her duties by the Contracting Officer’s Representatives (COR), who usually does not have the authority of a Contracting Officer. The COR, located at ICE Headquarters is responsible for monitoring the day-to-day performance, activities and technical aspects of the contract and is supported on this contract by local Task Managers. Task Managers assist the COR in monitoring contract performance at the AOR field office or sub-office level.

Alternate Contracting Officers Representative (A-COR) The A-COR, located at ICE Headquarters is responsible for monitoring the day-to-day performance, activities, and technical aspects of the contract. A-COR is responsible for the COR responsibilities if COR is unavailable.

Contractor The entity that provides services described in this Statement of Work (SOW) under a federal contract.

Custody ICE’s Sexual Assault and Abuse Prevention Intervention (SAAPI) policy directive defines custody as the period of time during which a person has been detained by ICE under its administrative and/or criminal authorities, is physically present in an ICE owned, -leased, or -contracted detention facility pursuant to such authorities, or is being transported by ICE (including for purposes of removal from the United States) pursuant to such authorities.

Deportation/Removal/Exclusion The formal removal of a noncitizen from the United States when the noncitizen has been found removable for violating the immigration laws. Deportation, Removal or Exclusion is ordered by an immigration judge without any punishment being imposed or contemplated; deportation or removal may also be ordered by a DHS deciding official under certain statutory provisions.

Enforcement and Removal Operations (ERO) The component within DHS/ICE that promotes public safety and national security by ensuring the lawful departure of all removable noncitizens from the United States.

Department of Homeland Security (DHS) The Executive Branch Department tasked with leading the unified national effort to secure the U.S. and preserve its freedoms. While the Department was created to secure the U.S. against those who seek to disrupt the American way of life, the DHS charter also includes preparation for and response to all hazards and disasters.

Emergency Any disruption of normal facility procedures, policy or activity caused by riot, strike, escape, fire, natural disaster, or other serious incident.

Employment Any labor or occupation for which compensation is given or received. Employment in the United States is authorized for noncitizens who are lawful permanent residents (LPRs), or noncitizens who have a valid employment authorization document issued by USCIS. Note: Participation in the ATD program does not require employment, nor authorize employment for those without proper authorization.

Enter on Duty (EOD) For the purposes of this contract, to begin employment, after having received a DHS suitability determination granted by written authorization by the COR/A-CORs to perform duties under this contract

Expedited Removal (ER) DHS has the authority to quickly order the removal of certain inadmissible noncitizens from the United States. The authority covers noncitizens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents. The authority covers noncitizens who arrive in, enter, or have entered the United States without having been admitted or paroled by an immigration officer Attempt to at a port-of-entry. The noncitizen is not referred to an immigration judge except under certain circumstances after a noncitizen makes a claim to lawful status in the United States or demonstrates a credible fear of persecution if returned to his or her home country.

Facility Offices, office space or other accommodation chosen by the contractor in which employees work performing duties required under this contract.

Family Member An adult non-United States citizen parent and/or legal guardian accompanied by their own non-United States citizen juvenile child(ren).

Flight Risk A noncitizen who is believed to attempt to flee from custody, if he or she is not otherwise prevented from doing so.

Fugitive An ICE fugitive is defined as a noncitizen who has failed to depart the United States pursuant to a final order of removal, deportation or exclusion; or who has failed to report to an Officer from Enforcement and Removal Operations after receiving notice to do so.

Full Restraints Full Restraints are defined as ICE-approved handcuffs, waist/belly chain, and leg irons.

Grievance A written complaint filed by a Participant concerning personal health/welfare or the operations and services of the Program.

Hold Room Any room or location used for the temporary detention of individuals, including interview rooms, visitation rooms, processing rooms, and holding cells.

Immigration and Customs Enforcement (ICE) Created in March 2003, U.S. Immigration and Customs Enforcement (ICE) is the largest investigative branch of the Department of Homeland Security (DHS). Its mission is to protect America and uphold public safety. The agency fulfills this mission by identifying criminal activities and eliminating vulnerabilities that pose a threat to our nation’s borders, as well as enforcing economic, transportation, and infrastructure security. By protecting our national and border security, ICE seeks to eliminate the potential threat of terrorist acts against the United States.

Immediate or Immediately 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 CO will determine the appropriate reasonable timeframe.

Juvenile A person known or reasonably believed not have reached his or her 18th birthday.

Noncitizen Any person not a citizen or national of the U.S.

Office of Refugee Resettlement Unaccompanied children apprehended by DHS are transferred to the care and custody of ORR, who promptly places a UC in the least restrictive setting that is in the best interest of the child.

Participant Records Records that contain information concerning the Participant’s personal, criminal and medical history combined with behavior and activities. Participant records include but are not limited to photographs, disciplinary infractions and actions taken, grievance reports, documentation supporting excused absences from appearance appointments (e.g., “doctor’s notes”), and employment history.

Refugee Loosely, a noncitizen who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, political affiliation, and/or membership in a particular social group.

Removal Proceedings A hearing conducted by an Immigration Judge for the sole purpose of deciding the inadmissibility or deportability of a noncitizen.

Search An inspection of the noncitizen’s person and property for contraband in order to maintain good order and security.

Sexual Assault and Abuse Prevention Intervention (SAAPI) Policy

An ICE directive containing policies and procedures for the prevention of sexual abuse or assault of individuals in ICE custody, which provides agency-wide policy and procedures for timely notification of sexual abuse and assault allegations, prompt and coordinated response and intervention, and effective monitoring of sexual abuse and assault incidents.

https://www.ice.gov/doclib/foia/dro_policy_memos/sexual-abuse-assault-prevention-intervention-policy.pdf https://www.ice.gov/doclib/foia/dro_policy_memos/sexual-abuse-assault-prevention-intervention-policy.pdf https://www.ice.gov/doclib/foia/dro_policy_memos/sexual-abuse-assault-prevention-intervention-policy.pdf

Standard Age Refers to unaccompanied children between the ages of 13 – 17 years.

Tender Age Any juvenile that is 12 years and under.

Termination of Proceedings An action by an IJ ending removal proceedings with or without a final determination on the removal charge(s). Removal proceedings can be terminated without prejudice, with the ability to re-calendar the case before the court or terminated altogether. Termination orders may be appealed to the BIA by either party.

Training An organized, planned and evaluated activity designed to achieve specific learning objectives. Training may occur on-site, at an academy or training center, at an institution of higher learning, through contract service, at professional meetings or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.

Translator For purposes of this contract a translator is defined as: A person who translates from one language into another. This could be the translation of speech or written documents.

Unaccompanied Child (UC) A noncitizen under the age of 18, with no legal status in the United States, and no parent or legal guardian present to accept care and custody.

Undue Delay The time taken to perform an action where such time is not excessive or unwarranted.

United States Citizen (USC) See 8 U.S.C. §§1401-1453.

U.S. Customs and Border Protection (CBP) The component in DHS whose primary mission is to secure the sovereign borders of the United States and to keep terrorists and their weapons out of the United States. It also has a responsibility for securing and facilitating trade and travel while enforcing hundreds of U.S. regulations, including immigration and drug laws.

Voluntary Departure (VD) An administrative decision granted by an Immigration Judge either prior to completion or at the completion of removal proceedings granting a noncitizen permission to depart the United States voluntarily and at the noncitizen’s own expense.

Work Week: Work week is defined as starting on Sunday to Saturday.

3. SCOPE

ICE is seeking the services of a highly responsible contractor that fully embraces the philosophy of treating all UC, and FAMUs with dignity and respect, while adhering to standard operating procedures and policies that allow for effective, efficient, and incident-free transport. The contractor shall provide unarmed transportation staff, including management, supervision, manpower, training, certifications, licenses, drug testing, equipment, and supplies necessary to provide on-demand transportation services for UC, ranging from infants to 17 years of age, and FAMUs, seven (7) days a week, 365 days a year.

Transport will be required for UC or FAMUs, to include both male and female juveniles. It is critical for the contractor to provide staff who are well qualified and trained to work with this vulnerable population.

UC transports vary significantly in lead times and demand; some days can have no demand, while others have a short turnaround time. Demand occurs on both weekdays and weekends, and transports may include up to two overnights of travel. For this reason, the contractor shall have an on-call, flexible, responsive, and well-trained staff to meet possible 24 hour a day, 7 days a week, 365 days a year requirements. ICE estimates approximately 146,967 commercial airline tickets will be acquired by the contractor. It is the responsibility of the contractor to purchase all commercial plane tickets, and sometimes coordinate charter flights with JFMTCU section chief/COR/A-COR approval.

Sometimes, the contractor will have to plan commercial or charter flights in a period of less than 24 hours. In FY22, 7.81% of commercial flights were cancelled due to unforeseen events such as last-minute weather, or delays. The contractor shall coordinate follow-up logistics when these instances occur. In some situations, such as flight delays, cancellations, etc. the time the contractor maintains custody of the UC or FAMUs may be extended. In limited cases, overnight housing may be required. Use of the contractor’s staging/waiting room or satellite office space will be limited to 12 hours or less, and allow for ready access to food, water, clean clothes, hygiene products, and comfortable furniture.

ICE estimates 146,967 flights will be required to accompany UC or FAMUs on commercial air transportation. In addition to coordinating air transfers, the contractor is required to move UCs and FAMUs to various destinations by ground transportation. In FY22, individuals were transported 2.7 million miles.

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

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

• Transferring physical custody of FAMUs to ICE program offices, NGOs, ICE Air

Operations/JFMTCU staging locations via ground or air methods (charter or commercial carrier) or international countries via air methods of transportation (charter or commercial carrier);

• Coordinating/communicating with DHS and HHS staff;

• Travel coordination and logistics;

• Creating a real-time database, accessible to ICE staff that tracks all contract activities;

• The ability to run reports on costs already invoiced;

• Capturing all the data with the ability to produce reports with a quick turnaround upon the programs request;

• Acquiring and providing UC & FAMUs with timely meals, snacks, and drinks;

• Providing and issuing clothing and other articles as needed;

• Seeking, coordinating, and providing medical care if a UC and FAMUs becomes ill while in transit;

• Property inventory;

• Maintaining/stocking daily supplies;

• Generating transport documents, records, and reports;

• Drafting and auditing reports to ensure accurate data is provided;

• Proposing and presenting new reports portraying data based on additional operations or needs to the

COR/A-CORs for approval; and,

• Limited Child & Family Protection Care Specialist services to accommodate for trip disruptions due to inclement weather, faulty equipment, transport disruptions, or other exigent circumstances.

4. OBJECTIVES

The objective of this contract is to provide highly structured, efficient transportation for UC and FAMUs from point(s) of entry/staging location(s) across the nation to ORR shelters, ICE programming offices for enrollment in alternative to detention programs, ICE Air Operations/JFMTCU staging locations for removals, non-governmental organizations, or other locations as directed by JFMTCU. Part of this structure includes a robust reporting system that will allow ICE staff real time access to all data regarding this contract to include cost data per trip/trip type (See section 9.22).

5. DEFINITIONS AND LINKS

See Section 2, TERMS AND DEFINITIONS, of this document.

6. ICE STANDARDS AND SPECIAL REQUIREMENTS

The contractor is required to perform in accordance with all ICE policies and legislative requirements related to the transportation of UC and FAMUs including but not limited to the ICE Family Residential Standards, the FOJC handbook, the Flores Settlement Agreement, the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, and the Homeland Security Act of 2002. ICE Inspectors shall conduct continued and ongoing inspections of contractor led transports to ensure compliance with these standards.

Contract personnel shall fully comply with the following:

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

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

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

The care, custody, and transport of UC shall be fully in accordance with:

• Trafficking Victims Protection Reauthorization Act (TVPRA);

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

• Immigration and Nationality Act;

• ICE Family Residential Standards 2020;

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

• Existing Federal laws and regulations;

• JFRMU handbook;

• Applicable DHS guidance, policies, procedures or standards;

• Juvenile Over/Under 72 Hour Facility List; and

• Temporary Housing Standards 2023

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

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

6.1.1. Sexual Abuse and Assault.

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

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

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

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

6.1.2. Sexual Abuse Prevention

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

• Prevention

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

• Investigation, discipline, and prosecution of assailants

• Process improvement/Root cause analysis

7. CONTRACTOR’S GENERAL KNOWLEDGE OF AND EXPERIENCE

WITH UC AND FAMU

The contractor shall have the knowledge and experience necessary to provide transportation services for http://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf http://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf

UC and families from infancy up to age 17 and adults that are heads of FAMU households. This includes having a firm understanding of the applicable laws and regulations pertaining to UC knowledge of childhood and adolescent development.

The contractor shall have the personnel and infrastructure necessary to transport UC and FAMUs either individually or in groups. Both male and female UC shall be transported, and the contractor shall maintain sufficient staffing patterns such that same-gender staffs are available to assist transport of males and/or females.

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

Additionally, in the event of exigent circumstances, the contractor shall be required to transport UC or FAMUs via ground to airports or other staging areas that are not located within the area of initial apprehension. In all such cases, the contractor shall provide UC and FAMUs with access to medical care as needed.

8. OPERATIONAL REQUIREMENTS AND ASSUMPTIONS

Without undue delay, UC and FAMU are transported to designated placements in accordance with the following:

8.1. State Licensing Requirements

The contractor shall act in accordance with the guiding principles below and State licensing requirements related to transportation and any services associated with contract performance.

8.2. Transportation Arrangements

The contractor shall assist in making transportation arrangements to their designated location.

8.3. UC Transportation Limitations

UC arrested or taken into custody by DHS shall not be transported in vehicles with detained adults except when being transported from the place of arrest or apprehension to a DHS office where separate transportation would be otherwise impractical. In those instances, the contractor shall take necessary precautions for the protection and wellbeing of such UC.

8.4. Possessions and Documentation

Whenever a UC & FAMUs is transferred from one facility to another, the UC and FAMUs shall be transferred with all of his or her possessions and legal papers. The A-file or turn over custody documents will be secured, and hand carried by Child & Family Protection Care Specialists (CFPCS). If property is not turned over, the JFMTCU section chief will be notified to make a determination to continue with transfer. However, if the UCs or FAMUs possessions exceed the amount permitted normally by the carrier in use, the possessions shall be shipped to the UC or FAMUs without undue delay.

8.5. Additional Age-Dependent Policies

• Any noncitizen below the age of 18 years is considered a juvenile.

• While all juvenile transports are considered priority, noncitizen juveniles under the age of

14 are considered particularly vulnerable. These juveniles are to be moved as expeditiously as possible with consideration given to their safety, well-being, and other special needs.

• Any noncitizen child below the age of five (5) requires an additional CFPCS.

• If a tender-age (12 yrs. old & under) UC is accompanied by another family member who is standard age (13 to 17), the older UC cannot be considered responsible for their sibling or relative. Therefore, if a tender age and standard age are traveling together, they will require two CFPCSs. Siblings should be transferred together, to the extent possible.

8.6. CFPCS-to-UC Ratios

The contractor shall maintain the following CFPCS -to-UC ratios. Exceptions to the CFPCS-to- UC ratios will be approved by the JFMTCU section chief on a case-by-case basis. The contractor may propose recommendations to ICE at any time regarding efficient application of CFPCS ratios. However, implementation of any change is not authorized until approved by the JFMTCU section chief.

8.6.1. UC from ages 10 – 17:

• Two (2) CFPCSs for the first six (6) UC;

• An additional CFPCS shall be required for increment of six (6) groups of UC exceeding six

(6) (i.e., 25 UC equals six (6) CFPCSs).

• A female CFPCS shall accompany groups of UCs/FAMUs containing female UC. Same gender CFPCS will transport same gender UCs.

• In the event of an emergency, any opposite gender transport requires an additional level of supervisory review and reporting during transport. The contractor must contact the JFMTCU section chief for approval.

• The contractor will contact the JFMTCU section chief for approval of any ratio modification.

8.6.2. UC under age 10 but over the age of 5:

• A minimum of two staff for up to eight (8) UC

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

• A female CFPCS shall accompany groups of UCs containing female UC.

• In the event of an emergency, any opposite gender transport requires an additional level of supervisory review and reporting during transport. The contractor will contact the JFMTCU section chief for approval.

8.6.3. UC 5 years and under

Any noncitizen child below the age of 5 requires an additional CFPCS over and above the expected two (2) CFPCSs per mission ratio, as he or she cannot be cared for by the Child & Family Protection Care Specialists assigned to the mission according to the standard CFPCS-to- UC ratio.

9. TASKS

9.1. Non-Secure Transportation

• Under this contract, UC and FAMU shall be transported by CFPCS. The contractor shall be responsible for transport of UC and FAMUs going to shelters, NGOs, ICE programming sites, ICE Air Flight/JFMTCU Staging or other necessary locations as a direct result of their transportation duties or directed by the JFMTCU section chief. UC & FAMU shall be transported in a safe and humane manner and under the supervision of trained and experienced personnel.

• At least one staff member of the same sex as the UC shall be a member of the transport team.

Any exceptions shall be approved by the JFMTCU section chief or designee before commencement of the transport.

• The contractor staff shall maintain constant “line of sight” supervision of each UC and FAMU during the transport.

• UC or FAMU being transported shall not be left in a locked or unattended vehicle.

• UC and FAMUs shall be separated from unrelated adults at all times during transport and seated in an area of the vehicle near Child & Family Protection Care Specialists and under their close supervision.

• Pregnant female in their third trimester will not fly without medical clearance.

• The JFMTCU section chief should be notified immediately or within an hour of learning that a pregnant female is in their third trimester.

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

• CFPCS will call their command center/dispatch to confirm they have the correct individual before taking over custody.

9.1.1. Air Transport

9.1.1.1. The contractor may employ the best means of transportation for the current circumstances (e.g., commercial air transport, charter air transport, etc.). Charter flights are approved by the JFMTCU section chief/COR/A-CORs.

9.1.1.2. The contractor shall be responsible for all flight bookings, itineraries, routing, and associated bookings (e.g., hotel, rental car) for both the Child & Family Protection Care Specialists and UC or FAMUs transported.

9.1.1.3. Domestic daily flights may be to single or multiple destinations, normally with a maximum of 8 hours of flight time scheduled per day. Any special requests to exceed the 8 hours shall be approved in advance by the JFMTCU section chief.

9.1.1.4. To facilitate flight planning, schedule requirements typically will be provided to the contractor no later than 24 hours prior to the initial departure time of a flight.

In the event of an emergent requirement that necessitates a transport in less than 24 hours, the contractor shall make every effort to comply.

9.1.1.5. Occasionally, when directed by the JFMTCU section chief, the following may be required for domestic flights:

• Child & Family Protection Care Specialists augmentation to permit longer flights or travel itineraries.

• Child & Family Protection Care Specialists remaining overnight.

• Obtaining special equipment for the boarding and deplaning of special needs passengers.

• Charter flights

9.1.1.6. The contractor is responsible to contact the airline to make travel arrangements.

9.1.1.7. The contractor will maintain the UC and FAMU ratios as described in section 8.6

9.1.1.8. The JFMTCU section chief will approve the increase of Child & Family

Protection Care Specialists-to-UC or FAMU in accordance with the section 8.6.

9.1.1.9. The contractor may coordinate a Charter Flight at the request of the JFMTCU section chief in order to maximize transports of UCs and FAMUs. Charter flights allow for improved management of transporting a large number of UCs or FAMUs from one geographic area to another. The charter flight requested may be to domestic or international location.

9.1.1.10. On international charter flights, JFMTCU will provide a Flight Officer in Charge to oversee the transfer of custody to foreign government officials.

9.1.2. Ground Transport

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

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

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

9.1.2.4. When transporting UC or FAMUs, Child & Family Protection Care Specialists shall maintain regular radio and cellular telephonic communication with other contractor personnel, insofar as technologically possible and resources allow.

9.1.2.5. CFPCSs who transport UC and FAMUs shall comply with all Federal, State, and local regulations including, but not limited to, the following:

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

• Pregnant females in their third trimester are limited to transportation by ground that will not exceed ten hours with frequent stops. If transportation exceeds 10 hours, transportation by auto or van is required, with frequent breaks and hotel stays.

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

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

• A vehicle inspection report, including an odometer reading, shall be completed following each trip and kept on file.

• While on a trip, the Child & Family Protection Care Specialists will notify the command center/dispatch at every 100-mile marker.

• When transporting UC and FAMUs of the opposite gender, officers shall call into the command center/dispatch for their time of departure and odometer reading and then do so again on every 100-mile marker and upon arrival, to account for their time.

• The identities of all UC and FAMUs to be transported shall be verified through proper documentation procedures, with a call to the command center/dispatch for double verification.

• The driver shall drive defensively and take care to protect the UC and FAMUs and vehicle, obey traffic laws, and report damage or accidents immediately. If an accident occurs with the any UC or FAMU in the vehicle, notify the JFMTCU section chief.

• Staff shall place UC and FAMUs with special needs in transport vehicles that can best accommodate their particular needs.

• Child & Family Protection Care Specialists may transport the number of UC and FAMUs permitted by the vehicle’s rated capacity, adhering to ratios defined in this PWS outlined in § VIII (Policy), Paragraphs B and C.

9.1.2.6. Vehicle Operation

The contractor shall:

• Maintain and provide copies the appropriate driver’s license for vehicle (e.g., CDL for bus).

• Assign Child & Family Protection Care Specialists to maintain control of the vehicles at all times, including removing the keys from the ignition upon parking the vehicle.

• Inspect each vehicle before and after use to ensure all items are cleared from the vehicle.

• Follow state and federal vehicle regulations.

• Refrain from texting or using mobile devices while operating the vehicle.

• Exercise extreme caution, reduce speed, and use logic when negotiating a steep grade or while driving through inclement weather or on hazardous road conditions.

• Avoid undesignated roads that would hinder emergency personnel from responding in a timely fashion.

• Maintain proper temperature settings based on weather conditions.

• Make sure all UC and FAMUs are wearing seatbelts and seated while the vehicle is in motion.

• For those instances in which a UC or FAMU that requires a child safety seat (car seat or booster as required by Federal, state and local law), make sure the car seat or booster is properly installed and appropriate seat restraints devices are properly used and secure.

• There must always be two drivers, with at least one that is the same gender as the UC/FAMU assigned for the trip.

• Each Child & Family Protection Care Specialists shall recognize the limitations imposed by his/her own driving skills, personal distractions, environmental conditions, and modify his/her driving accordingly.

• During frequent stops, which shall be kept to a minimum time, UC and FAMUs shall not leave the vehicle until the Child & Family Protection Care Specialists have secured the area. When UC and FAMUs are taken out of the vehicle, the CFPCSs shall keep the UC and FAMUs under constant observation to prevent external contact(s) and/or contraband smuggling. At least one Child & Family Protection Care Specialists shall remain in the vehicle with the rest of the UC and FAMUs, if applicable.

• All Child & Family Protection Care Specialists shall strictly adhere to the following rules/restrictions:

Bus operators shall be in possession of a current valid CDL from the state in which they work;

Child & Family Protection Care Specialists shall be off duty for the 8 hours immediately preceding any trip or trip segment;

Child & Family Protection Care Specialists shall be restricted to 10 hours of driving time.

CFPCS shall be limited to 10 hours, maximum driving time per day.

Do not receive transportation assignments after having been on duty, in any capacity, for 15 hours.

During emergency conditions (including bad weather), CFPCS may drive as long as necessary to reach a safe area (i.e., exceeding the 10-hour limit). The contractor must notify JFMTCU section chief.

Staff shall travel directly to and from the destination, making no detours or extra stops.

Staff shall return to the point of departure immediately if they feel there is a safety or security problem. Must notify JFMTCU section chief.

UC and FAMU’s cannot exceed 12 hours in transport on a bus, except under exceptional circumstance and as approved by JFMTCU section chief.

Transportation exceeding 12 hours shall be conducted via sedan or van, with frequent restroom breaks;

In accordance with Federal, state or local laws, car seats are required for infants and small children (those required to use booster/car seats not by age but rather by weight).

9.1.2.7. Vehicle Maintenance

• The CFPCS will inspect the vehicle at the beginning of their ground transport.

• The contractor shall, on a monthly basis, inspect all vehicles for damage, contraband and cleanliness.

• The contractor shall check and fill gas tanks, add oil and coolant as needed.

• Annual inspections shall also be coordinated by contractor Fleet

Operations.

9.2. Standard Operating Procedures

The contractor shall establish UC and FAMU transportation policies and Standard Operating Procedures for approval by JFMTCU section chief/COR/A-CORs.

9.3. UC Custody Transfer Stipulations

The contractor may refuse to accept a UC referred by CBP or ICE under the following circumstances only and as approved by the JFMTCU section chief:

9.3.1. The UC is too combative and/or disruptive for an unarmed transport.

• Determination may be made at the discretion of the JFMTCU section chief.

9.3.2. In such cases, the Child & Family Protection Care Specialists or other contractor representative shall immediately notify the JFMTCU section chief or designee for further guidance. Medical concerns are present, and CBP or ICE has not provided appropriate documentation of the UC’s fitness for travel. contractor will notify the JFMTCU section chief to continue with the travel or not. CBP is responsible for providing a medical clearance.

9.3.3. A UC with special needs, for whom DHS has not provided adequate time for necessary preparations. contractor will notify the JFMTCU section chief for guidance.

9.3.4. A UC or FAMU believed to be a flight risk, notify the JFMTCU section chief for guidance.

9.4. Transfer Logistics UC

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

9.4.1. Notifications

• Notify the component staging the UC or FAMU of the intended time of travel.

• For routine transfers, contractor is required to provide notice within 12 hours from anticipated transfer of UC to the JFMTCU section chief, as well as the Field Office Juvenile Coordinator (FOJC) of the designated ORR shelter representative is receiving a UC with an estimated time of arrival at the shelter,

• For emergency transfers, the contractor will notify the JFMTCU section chief within an hour of transfer. The JFMTCU section chief will notify the designated ORR representative, as soon as possible, or at the latest, the following business day.

9.4.2. UC/FAMU Preparation

The contractor will make sure the UC and FAMU are fit for transportation with access to shower facilities, hygiene kits, food, and clothing. The contractor is required to procure all additional hygiene kits, lunches, or other necessary goods for the UCs and FAMUs.

DHS and the contractor, in collaboration with the receiving ORR provider, prepare the UC or FAMU for transfer. Preparation includes but not limited:

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

• Gathering and preparing the UC’s or FAMU’s belongings for transport and transfer.

• Orientations prior to transport shall be provided to all UC or FAMU and shall include the following:

Communication with the UC or FAMU in a language he, she or they can understand;

Overview of the UC’s schedule and contact information;

9.4.3. UC or FAMU Arrival at ORR Facility or Other Location

Upon the UC’s arrival, the receiving ORR care provider or other location the contractor shall:

• Ensure proper paperwork and property is turned over.

• Ensure receipt of sufficient medication supply, and ensure a refill is obtained, if required.

The apprehending agency should fill the perception if the apprehending agency medical clearance mentions of a medication before taking over custody. In an occasion that during transport the individual is taken to urgent care or emergency room, the contractor will assist with filling the prescription.

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

9.4.4. Other General Guidelines

9.4.4.1. Child & Family Protection Care Specialists shall not carry weapons (including less-than-lethal weapons).

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

9.4.4.3. Child & Family Protection Care Specialists shall provide for the care, custody, and security of the UC and FAMUs during the transportation process.

9.4.4.4. Child & Family Protection Care Specialists duties may include, but are not limited to, the following tasks:

• Searching UC or family members for contraband, in accordance with Section

9.6.

• Loading and unloading UC or families (including those with special needs or requiring special assistance) into and out of transport vehicles and aircraft

• Loading and unloading property into and out of transport vehicles and aircraft,

• Feeding UC or FAMUs and assisting in cleanup afterwards,

• Identifying and verifying proper documentation before taking over custody:

Verify paperwork from apprehending agency before taking over custody.

• Verify paperwork with UC or FAMU by asking the following:

Name Date of Birth Country of Birth If they have any siblings that traveled with them.

If they are sick.

If they are pregnant

• Take the UC or FAMU temperature with a laser thermometer

• Escorting UC or family members to restrooms and are always accompanied by a Child & Family Protection Care Specialists:

Child & Family Protection Care Specialists will make sure to check the stall before the UC or FAMU uses them.

After FAMU or UC use the stall check for proper disposal of garbage or any contraband.

• Assisting with perimeter security when requested, and

• Ensuring general security and safety of UC and FAMU’s during transit.

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

9.5. Temporary Staging/Waiting Areas

The contractor shall be responsible for adhering to all regulations outlined under the ICE Family Residential Standards (FRS), Part 7 Administration & Management, § 7.4 Transfer of Residents. All hub locations are required to have a staging/waiting room area.

• UC and FAMU’s shall receive meal service regardless of time in custody. UCs and FAMUs shall have free and ready access to snacks, milk, juice, baby food, baby formula etc.

• The Contract shall be sensitive to the cultural and religious differences of all UC and FAMU.

Religious requests shall be granted whenever possible.

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

• Use of the contractor’s staging/waiting area in satellite office space will be limited to 12 hours or less, and allow for ready access to food, water, clean clothes, hygiene products, and comfortable furniture. Staging/waiting area in satellite space is only intended to house UC and FAMUs for short periods of time and to assist with avoiding long waits in public areas such as airports, when possible. These stays must be documented in a log with date, time of stay.

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

NOTE: The contractor shall notify the JFMTCU section chief immediately when placing a UC or family unit at a hotel. The contractor shall provide the JFMTCU section chief with the UC’s name, hotel name, address, room number, and phone number.

9.5.1. Separation of UC by Types in Staging/Waiting Room Areas

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

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

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

9.5.2. Hotel Rooms

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

9.5.2.2. The contractor shall notify the JFMTCU…