Attachment 1 - PWS_Amendment 0002.docx

ATTACHMENT 1 – PERFORMANCE WORK STATEMENT (PWS)

U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS (ERO)

SAN FRANCISCO (SFR) LOS ANGELES (LOS) SAN DIEGO (SND) PHOENIX (PHO) AND SALT LAKE CITY (SLC) FIELD OFFICE

DETENTION OFFICER (TRANSPORTATION) SERVICES

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

SUBSECTION 1 – INTRODUCTION

SUBSECTION 2 - GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

SUBSECTION 3 - PERSONNEL

SUBSECTION 4 – SECURITY REQUIREMENTS

SUBSECTION 5 - TRAINING

SUBSECTION 6 – FACILITY SECURITY AND CONTROL

SUBSECTION 7 - NONCITIZEN RIGHTS, RULES, DISCIPLINE AND PRIVILEGES 35

SUBSECTION 8 - HEALTH, SAFETY AND EMERGENCY STANDARDS

SUBSECTION 9 - FACILITY, EQUIPMENT, AND SUPPLIES

SUBSECTION 1 - INTRODUCTION

1.1 OBJECTIVE

The objective is to obtain services for all oversight, management, supervision, testing, training, random and targeted drug testing, certifications, licenses, insurance, bonds, technically trained personnel, wages and fringe benefits, reports, uniforms, vehicles, weapons and ammunition, equipment, materials, and supplies (except property and items which are furnished by the Government) necessary to provide armed and unarmed Detention Officer (DO) services at the Los Angeles, San Diego, San Francisco, Phoenix, and Salt Lake City Area of Responsibilities (AORs).

This performance Work Statement (PWS) describes a performance-based work environment in terms of “what” the required detention/transportation service outputs are, rather than “how” to perform the work. This PWS also attempts to create a Government-Contractor relationship that promotes achievement of mutually beneficial goals and promotes a partnership environment. The Contractor is encouraged to strive for constant improvement and innovation in the performance of this contract as long as the performance objectives are being achieved at the desired levels of performance. ICE will monitor the Contractor using a Quality Assurance Surveillance Plan (QASP). The ultimate goal of this PWS is for the Contractor to establish a quality customer-focused multifunctional team meeting the needs of ICE.

1.2 BACKGROUND

The United States Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation, and removal of noncitizens in removal proceedings and the removal of noncitizens subject to final order of removal.

The intent of this contract is to identify Detention/Transportation Officer tasking as appropriate for managing this activity. This work involves the management, transportation, and the escort of immigrants, including those in removal proceedings, immigrants subject to final order of removal, material witnesses and criminal detainees in a secure manner. This contract will provide detention officer (transportation) services for the U.S. Immigration and Customs Enforcement (ICE) AOR Field Offices.

1.3 MISSION

The mission of Enforcement & Removals Operations (ERO) is the planning, management, and direction of a broad program relating to supervision, detention and removal of noncitizens who are in the United States illegally. These activities are chiefly concerned with enforcement of departure from the United States of noncitizens who have entered illegally or have become removable after admission. In implementing its mission, ERO is responsible for carrying out all orders for the required departure of noncitizens handed down in removal proceedings, or prior there to, and arranging for detention of noncitizens when such becomes necessary.

1.4 PERFORMANCE WORK STATEMENT

The Contractor shall provide all transportation services required to transport detainees securely to locations as directed by the designated ICE official in accordance with current and any future revisions to the Performance Based National Detention Standards (PBNDS) 2011 w/2016 revisions, operate, manage, and maintain a uniformed DO staff, 24-hours per day, 7-days per week, year-round, for the detention and transportation of noncitizens under the responsibility of ICE-ERO. The Contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the Government related to this contract. The majority of the services delivered will be providing stationary guard post and may be required to operate Government-Owned Vehicles (GOV), which will be made available by ICE/ERO, or Contractor-Owned Vehicles (COV), but not a combination of the two. The operation of GOV will be done in compliance with all Federal Government, DHS, ICE, and ERO policies and procedures regarding contractor use of government-owned vehicles.

Other Regulations: Contractor shall comply with all other applicable state, local, municipal, and federal regulations in providing the specific Detention and Transportation on services hereunder.

1.4.1 DETENTION OFFICER PERFORMANCE

1.4.1 Contractor DOs shall:

1.4.1.1 Escort and maintain custody of the detainee(s) under order of the Contracting Officer's Representative (COR) or DHS officer.

1.4.1.2 Accompany detainees to Immigration Court hearings, or to an interview at a DHS office.

1.4.1.3 Keep public contact to minimum.

1.4.1.4 Transport the detainee to and from a location(s) as identified by the COR or DHS Officer.

(See Performance Based National Detention Standards (PBNDS) 2011on Transportation requirements)

The transport of detainees to and from various destinations by DOs will be the most direct means, using traditional highways, for each site. (see SUBSECTION 11: PERFORMANCE WORK STATEMENT (ATTACHMENT LISTS)

1.5 TRANSITION-IN

The Offeror shall develop and implement a Transition-In Plan to transition from the current contract to this transportation service contract. The Contractor shall develop and implement a Transition-In Plan for Transportation services and have all personnel, resources, permits, licenses, vehicles, electronic Transportation Service Request (G-391 ICE Contractor Official Transportation Order) ordering and dispatch services in place and ready for commencement on the first day of operations. The transition will be transparent and seamless to the customers and detainees with no degradation or breaks in service availability while maintaining existing security, service quality, contract support, performance levels, and an orderly transition of assets. In addition, the transition period will be up to and no longer than 90 days will be completed within 30-60 days from contract effective date and the Contractor will coordinate and integrate the transportation service contract transition-in tasks with the current Contractor’s transition-out tasks. Transition activities for transportation services includes all services currently being performed by the incumbent Contractor under the existing contract including (but not limited to); transportation, escort services, and monthly reports.

Upon award, the Plan, inclusive of any changes (requested or required), will be finalized by the Contractor, submitted to and approved by the Contract Officer’s Representative (COR) within 5 business days of contract start and will be incorporated into the contract by the Contract Officer (CO).

The Contractor must not bill for any ramp-up costs until direct employees are fully investigated, cleared, and given notice to proceed by the CO after the COR confirms that the Contractor is ready. ICE Industrial Security, and the successor Contractor notifies the COR and the COR informs the CO that the Contractor is ready for transitional training to assume full responsibilities from the incumbent Contractor.

· Post Orders

· General Directives

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

· DHS/ICE 2011 Performance Based National Detention Standards (PBNDS) or most recent issuance – A copy is obtainable on the Internet website https://www.ice.gov/detention-standards/2011

· All rules and regulations governing public buildings and grounds.

· All regulations provided to the Contractor through the COR. The Contractor shall not use or permit the use of the Government premises for any unlawful purpose, or any unlawful act.

1.7 AMBIGUITIES

All services must comply with the Performance Work Statement (PWS) and all applicable state and local laws and standards. Should a conflict exist between any of these standards, the most stringent shall apply. If the Contractor is unable to determine which standard is more stringent, the Contracting Officer (CO) shall determine the appropriate standard.

1.8 TERMS

ACA Standards - The American Correctional Association Standards (ACA) for Adult Local Detention Facilities, latest edition. (See 1.5 RULES AND REGULATIONS)

Contracts Specialist (CS) - DHS employee responsible for contract compliance, contract administration, control, property control, and reviewing COR's assessment of Contractor's performance.

Adult detainee - Any detained noncitizen eighteen (18) years of age or older or anyone adjudicated in a criminal court to constitute an adult.

U.S. Immigration and Customs Enforcement (ICE) - A U.S. Department of Homeland Security component.

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

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

Contractor Employee - An employee of a private Contractor hired to perform a variety of detailed services within the detention facility.

Contracting Officer (CO) – means a person with the authority to enter into, administer, and / or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR) – means an individual designated and authorized in writing by the contracting officer to perform specific technical or administrative function.

Contractor - The firm, individual or entity, following contract award, with whom the DHS enters into this contract. The provider of services described in the Performance Work Statement (PWS).

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

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

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security (DHS). Many detainees have substantial and varied criminal histories.

Detainee Records- Information concerning the detainee’s personal, criminal and medical history, behavior and activities while in custody, including but not limited to detainee’s personal property receipts, visitor list, photographs, fingerprints, disciplinary infractions and actions taken, grievance reports, miscellaneous correspondence, and forms prescribed as necessary by the DHS and other Federal agencies.

Detention Officer (DO) – Contractor’s uniformed employees responsible for the security, care, and supervision of detainees being detained or under DHS proceedings.

Enforcement & Removal Operations (ERO) Officer - Program within ICE primarily responsible for the detention and removal of those noncitizens in the county illegally. ERO is the program directly involved in the oversight of private detention facilities whose primary mission is to detain and house illegal immigrants.

DHS Officer - An employee of DHS/ICE working within ERO designated, as required, by the ERO Manager / Supervisor to represent the ERO on matters pertaining to the operation of the facility.

Direct Supervision - A method of detainee management that ensures continuing contact between detainees and staff by posting an officer(s) inside each housing unit. Officers in general housing units are not separated from the detainees by a physical barrier. Officers provide frequent, non-scheduled observation of and personal interaction with detainees.

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

Emergency Care - Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call.

Entry on Duty (EOD) - The first day the employee begins performance at a designated duty station on this contract.

First Aid - Health care for a condition that requires immediate assistance from an individual trained in first aid care and the use of the facility's first aid kits.

Government - The United States Government.

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

Health Authority - The physician, health administrator, or agency on-site that is responsible for health care services pursuant to a written agreement, contract, or job description.

Health Care - The action taken, preventive and therapeutic, to provide for the physical and mental well-being of the detainee population. Health care may include medical services, dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions at the facility.

Health Care Personnel - Duly licensed individuals whose primary duties are to provide health services to detainees in keeping with their respective levels of healthcare training or experience.

Juvenile Detainee - Any detained noncitizen under the age of eighteen (18) years unless the juvenile has been determined to be emancipated in an appropriate state judicial proceeding or is an individual who has been incarcerated due to a conviction for a criminal offense as an adult.

Log Book - The official record of post operations and inspections.

Man-hour rate - The rate that includes all hours, overhead and profit required to perform the contract. Man-Hour rate includes management, wages, benefits, training time, holiday and vacation pay, sick leave, materials, equipment and any others to meet contract requirements described in the solicitation and as shown in the post assignments. Only productive hours can be invoiced. Productive hours are those hours when the required services are performed.

Medical records - Records of all detainee medical examinations, diagnoses, and treatments will be maintained by the U.S. Public Health Service.

Noncitizen - Any person who is not a citizen or native of the United States of America.

On-call Posts – Posts called as necessary by the COR. Not permanent Posts.

Performance Work Statement (PWS) – The document which describes the services to be performed under this contract.

Physician - An authorized practitioner who is a graduate from a recognized college of medicine or osteopathy and licensed by the appropriate state board.

Policy - A definite written course or method of action, which guides and determines present and future decisions and actions.

Procedure - The detailed and sequential actions that shall be executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a specific task within the guidelines of that policy.

Project Manager – Contractor employee responsible for on-site supervision of all Contractor employees with the authority to act on behalf of the Contractor. The Project Manager cannot simultaneously serve in the role of manager and DO or Supervisory DO.

Property – Refers to personal property belonging to a detainee.

Quality Assurance – The actions taken by the Government to assure requirements of the Performance Work Statement (PWS) are met.

Quality Control (QC) – The Contractor’s inspection system, which covers all the services to be performed under the contract. The actions that a Contractor takes to control the production of services so that they meet the requirements stated in the contract.

Restraint Equipment - This includes handcuffs, wrist restraints, leg restraints, and disposable nylon straps.

Safety Equipment - Firefighting equipment, including, but not limited to, chemical fire extinguishers, hoses, nozzles, water supplies, alarm systems, first aid kits and stretchers.

Security Risk – High, Medium, Low

1. High Risk Level - Detainees exhibit behavioral problems, or manifest a pattern of such behavior, or have a history of violent and/or criminal activity.

1. Medium Risk Level - Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior.

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

Sensitive Information - Any information which could affect the national interest, law enforcement activities, the conduct of federal programs, or the privacy to which individuals are entitled under Title 5, U.S. Code, Section 552a. All Detainee records are considered sensitive information.

Service Processing Center (SPC) – Refers to DHS/ICE owned and operated facilities for housing detainees.

Suitability Check – Security clearance process for Contractor and all Contractor Employees to determine suitability to work.

Tour of Duty – no more than 12 hours in any 24-hour period with a minimum of eight (8) hours off between shifts.

Training - An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, in an academy or training center, at an institution of higher learning, through contract services, 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.

Transportation Rate –All materials, equipment and labor necessary to respond to requests by designated officials for movement of detainees from place to place necessary for processing, hearing, interviews, or other situations as determined by the COR or designated official.

Weapons – This includes, but is not limited to, firearms, ammunition, knives, billy clubs, electronic defense modules, chemical weapons (MACE), and nightsticks.

SUBSECTION 2

GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

The Contractor shall provide a safe and secure environment for staff and noncitizens in accordance with the PWS.

2.1 GOVERNMENT INSPECTION

COR's evaluation of the Contractor's performance in accordance with the QASP, see Appendix 13

2.1.3 The Contractor's Policies and Procedures Manual

2.1.4 The Contractor shall provide a Policies and Procedures Manual addressing:

2.1.4.1 Organization

2.1.4.2 Recruiting procedures

2.1.4.3 Opportunities for Equal Employment

2.1.4.4 Qualifying for jobs, job descriptions, responsibilities, salaries and fringe benefits

2.1.4.5 Screening employees for illegal drug use

2.1.4.6 Holidays, leave, and work hours

2.1.4.7 Personnel records, employee evaluations, promotion, retirement

2.1.4.8 Training

2.1.4.9 Standards of conduct, disciplinary procedures, and grievance procedures

2.1.4.10 Resignation and termination

2.1.4.11 Employee-management relations

2.1.4.12 The Contractor shall provide a copy of the Policy and Procedures Manual to all Contractor employees.

2.1.4.13 The contract shall provide a copy of their Policy and Procedures Manual to the COR upon request of the COR and any time the Policy and Procedures Manual is updated or changed.

2.2 DHS OPERATIONS MANUAL

The Contractor shall maintain the site in accordance with the DHS Operations Manual that contains DHS written policy, plans, and procedures. DHS Operations Manual with the written policy, plans, and procedures will be provided upon award.

2.3 FACILITY STAFFING PLAN AND KEY PERSONNEL

The Contractor shall staff post positions to support the mission by meeting the Staffing Requirements. The Contractor shall fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population.

2.4 SUPERVISORY STAFFING

The Contractor is responsible for the satisfactory supervision of its employees at all times. The Contractor shall provide one supervisor per shift. The Contractor shall provide the COR with the names of Supervisory Custody Officers designated by the Contractor within 30 days after contract award and shall update the list as required during the life of the BPA/Call. A Supervisory Detention Officer should be accessible for response to an unplanned event.

2.5 KEY PERSONNEL

2.5.1 The Contractor shall provide resumes for key personnel and for any proposed replacement of key personnel to the CO and the COR. The CO and or COR shall provide written approval before any replacement of key personnel is assigned to perform duties under this contract. The Contractor shall have key personnel employed and on site before the Contractor can begin contract performance. The following are considered key personnel:

2.5.1.1 Project Manager. The Project Manager shall have at least five years of related administrative experience and demonstrate administrative ability and leadership. A Project Manager is required for each Area of Responsibility (AOR).

2.5.1.2 Supervisory DOs. Supervisory DOs shall have a minimum of two years of successful experience in field supervision (civilian community law enforcement, commercial or industrial guard service or security service supervisory positions).

2.6 ORGANIZATIONAL CHART

The Contractor shall provide an organizational chart that describes the structure of authority, responsibility, and accountability within the facilities to the COR within 30 days after contract award. Organizational chart shall be available for review upon request and the Contractor shall notify the CO and COR if changes are made throughout the contract.

2.7 EMPLOYEE STANDARDS

All employees shall meet the highest standards of professionalism and personal integrity. Standards of professionalism include competency, training, appearance, and behavior.

2.8 TRAINING PROGRAM

2.9 MEETINGS

The Project Manager shall participate in DHS management meetings as required by the COR.

2.10 GUARDING, NONCITIZENS SUBSISTENCE, HEALTH AND MEDICAL CARE AND TRANSPORTATION The Contractor shall provide DO services, including noncitizen welfare, guarding, transportation, subsistence, and record keeping services for DHS.

2.10.1 Short Period Detainee Sites

2.10.1.1 Noncitizens held for short periods shall be kept in sites deemed appropriate by ICE. Public contact shall be kept to a minimum.

2.10.2 Detention Site Standards

2.10.2.1 The Contractor shall insure the care of noncitizens in accordance with ACA and PBNDS 2011 with 2016 revision.

2.10.3 Health and Medical Care

2.10.3.1 The Contractor shall develop written policies and procedures for appropriately addressing the health needs of noncitizens in ICE custody and shall provide a copy to the COR within 30 days after contract award. The policies and procedures shall cover at a minimum.

2.10.4 Transportation

2.10.4.1 Transportation Services (See PBNDS 2011 rev 2016 for ICE/ERO Transportation requirements)

2.10.4.1.4 The List of Vehicles for GOV are under Attachment 1 Appendix A OR List of ERO Secure Transportation Vehicles. For COV, the contractor must provide all the vehicles that are similar from Attachment 1 Appendix.

2.10.4.2 Detainee Transportation- Hearings

2.10.4.3 Detainee Transportation --Hospital

2.10.4.3.1 The Contractor shall, upon order of the COR or DHS Officer, or in an urgent medical situation, at the Contractor's own decision, transport a detainee to a hospital.

2.10.4.3.2 A DO shall keep the noncitizen under constant (24 hours per day) supervision until the noncitizen is ordered to be released from the hospital, or by order of the COR. The Contractor will then transport the noncitizen to the detention site.

2.11 TRANSITION-OUT MANAGEMENT

The Offeror shall develop and implement a Transition-Out Plan from this transportation service contract to the successor contract. The transition is to be transparent and seamless to the customers and detainees with no breaks in service availability while maintaining existing security, service quality, contract support, performance levels, and an orderly transition of assets. ICE expects the Transportation Service transition-out task to be coordinated, integrated, and initiated with the successor Contractor transition-in tasks prior to the end of the period of performance and with sufficient time to meet the stated objective. Prior to the completion of the transition-out activities, the transportation service contractors will transfer any Government Furnished Equipment (GFE) back to the Government.

RFP: 70CDCR24R00000007 Attachment 1-PWS

SUBSECTION 3

PERSONNEL

The Contractor shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels. The Contractor shall assure that their employees meet the standards of competency, training, appearance, behavior and integrity.

3.1 Employee Conduct

3.1.1

3.1.2

3.1.3

3.1.3.1

3.1.3.2

3.1.3.3

3.1.3.4

3.1.3.5

3.1.3.6

3.1.3.7

3.1.3.8 The Contractor shall develop standards of employee conduct and corresponding disciplinary actions.

All employees shall certify in writing that they have read and understand the Contractor standards. The Contractor shall maintain a record of this certificate.

The Contractor shall hold employees accountable for their conduct based on these standards, which are not restricted to, but shall include:

Employees shall not display favoritism or preferential treatment to one detainee, or group of noncitizens, over another.

Employees shall not discuss or disclose information from noncitizen files or immigration cases, except when necessary in the performance of duties under this contract.

The employee may not interact with any noncitizen except in a relationship that supports the approved goals of the facility. Specifically, employees shall not receive nor accept any personal (tangible or intangible) gift, favor, or service, from any noncitizen, any noncitizen’s family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give any gift, favor, or service to noncitizens, noncitizen’s family, or associates.

The employee shall not enter into any business relationship with noncitizens or their families (e.g. - selling, buying or trading personal property).

The employee shall not have any outside or social contact with any noncitizens, his or her family, or associates, except for those activities, which are part of the facility program and a part of the employee's job description.

All employees are required to immediately report to the COR and Project Manager any violation or attempted violation of these standards.

The Contractor shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COR. Violations may result in employee removal from the contract. Failure on the part of the Contractor either to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the Contractor to appropriate action including possible termination of the contract for default.

The Contractor shall not employ any person who is currently an employee of any federal agency, or whose employment would present an actual or apparent conflict of interest.

3.2 Personnel Qualification Standards

3.2.4.1 All employees shall be a minimum of 21 years of age.

3.2.4.1.1 All Contractor employees shall have as a minimum of 6 months of experience as a law enforcement officer or military policeman or six months experience as a security officer engaged in functions related to detaining civil or administrative detainees.

3.2.4.1.1.1The Contractor shall provide resumes for key personnel to the COR. The COR shall provide written approval before an employee is assigned to perform duties under this contract. The COR will have discretionary ability to accept previous experience and background in lieu of educational and work experience requirements for contract DO positions.

3.2.4.2 Employees shall have at least one year of general experience that demonstrates the following:

3.2.4.2.1.1.1The ability to greet and deal tactfully with the general public;

3.2.4.2.1.1.2 Capability of understanding and applying written and verbal orders, rules, and regulations.

3.2.4.2.1.1.3 Literate and interpret printed rules and regulations, detailed written orders, training instructions and materials.

3.2.4.2.1.1.4 Be able to compose reports.

3.2.4.2.1.1.5 Exercise good judgment, courage, alertness, an even temperament, and render satisfactory performance through knowledge of his/her position responsibilities;

3.2.4.2.1.1.6 Ability to maintain poise and self-control during situations that involve mental stress; such as fires, explosions, civil disturbances, and building evacuations.

3.2.4.2.1.1.7 The listed qualifications for Contractor DOs shall be the minimum requirements to qualify a contract employee for employment consideration; higher qualifications are not required under this contract.

3.3 Health Requirements

3.3.4.1.1 DOs shall be free from serious physical illnesses, ailments, or maladies, including epilepsy that preclude performance of the assigned job description. This also includes contagious diseases that can be transmitted to and result in the disablement of other persons.

3.3.10.3 The Contractor shall be responsible for re-testing of employees annually.

3.4.2.1.2 3.4.2.1.3 3.4.2.1.4

Violation of the Rules and Regulations Governing Detention facilities;

Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3; Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance.

3.4.2.1.8 3.4.2.1.9 3.4.2.1.10 3.4.2.1.11 3.4.2.1.12 3.4.2.1.13 3.4.2.1.14 3.4.2.1.15

3.4.2.1.16 3.4.2.1.17 3.4.2.1.18 3.4.2.1.19

3.4.2.1.20 Unethical or improper use of official authority or credentials;

Unauthorized use of communication equipment or government property; Misuse of equipment;

Violations of security procedures or regulations;

Recurring tardiness;

Possession of alcohol or illegal substances while on duty;

Undue fraternization with noncitizens as determined by the COR;

Repeated failure to comply with visitor procedures as determined by the COR;

Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense resulting in, or contributing to, a detainee escape;

Lack of Candor;

Failure to abide / follow DHS ICE ERO standards of conduct;

Failure to maintain acceptable levels of proficiency or to fulfill training requirement;

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

Contractor employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the investigation;

3.5 Tour of Duty Restrictions. The Contractor shall not utilize any uniformed contract employee to perform duties under this BPA for more than 12 hours in any 24-hour period and shall ensure that such employees have a minimum of eight (8) hours off between shifts. Any overtime over 8 hours must be authorized under the contract. If an employee is performing other duties for either the Contractor or another employer, those hours shall count against the 12-hour limitation.

3.6 Dual Positions. The contract does not allow for an individual to serve as both, a contract Detention Officer and Supervisor/Lead Detention Officer, simultaneously. The supervisory position responsibilities will be executed in a manner that does not interfere with the daily requirements of the specific detention officer post.

3.7 Personnel Records

The Contractor shall maintain a system of personnel files, and make all personnel files available to the CO and the COR upon request. These files shall be maintained and current for the duration of the employee's tenure under the contract. The files shall contain verification of training and experience and credentials for all the staff.

3.8 Uniforms.

These requirements apply to Supervisory DOs and DOs who perform work under the contract.

3.8.1 Uniforms:

3.8.1.1 The design and color of the Contractor's uniforms shall not be similar to those worn by DHS officers.

3.8.1.2 All officers performing under this contract shall wear uniforms of the same style and color while on duty. Lettered breast badges and cap insignia (Cap is mandatory per Section 3.7.2 ) shall indicate the rank of authority and be prominently displayed as part of each uniform.

3.8.1.3 A shoulder patch on both shoulders should identify the Contractor. The officer shall not wear any other identification of the Contractor on the uniform. Each officer shall wear an identification nametag over the right breast shirt pocket.

3.8.1.4 Uniforms and equipment do not have to be new, but shall be in good condition and meet the standards at start of duty. Officers not in proper uniform shall be considered "not ready for duty/not on duty'' until properly uniformed. All uniforms shall be clean, neat and in good order

3.8.2 The complete uniform consists of seasonal attire that includes appropriate shirt, pants, belt (mandatory), cap (mandatory), jacket, shoes or boots (mandatory), duty belt, mini-mag flashlight and holder, handheld radio handcuff holder and sun block.

3.8.5 Body Armor shall meet DHS-ICE standards and shall be utilized as required per ICE Policies and Standards- specifically for DOs engaged in the transportation of detainees (See Appendix 11 and 12 to this Performance Work Statement for body armor requirements).

3.9 Identification Credentials

and is no more than 30 days old when the Contractor issues the credential.

3.9.2.2 A printed document that contains personal data and description consisting of the employee's name, sex, birth date, height, weight, hair color and eye color, as well as the date of issuance, the signature of the employee, and the signature of project manager or contractor personnel.

3.10.1.2.1Throughout the term of this contract, the Contractor shall maintain current permits/business licenses and make copies available for Government Inspection. The Contractor shall comply with all applicable Federal, State, and Local laws and all applicable OSHA standards.

3.10.2.2 The…