70CDCR24R00000013 - RFP - Attachment 1 - PWS.pdf

U.S. Department of Homeland Security

Immigration and Customs Enforcement

Section C

Performance Work Statement (PWS)

Detention Services

BUFFALO FEDERAL DETENTION FACILITY

I. EXPLANATION OF TERMS/ACRONYMS

1. ADMINISTRATIVE SEGREGATION: A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, staff, or other detainees or to the security or orderly running of the facility. This housing status also includes detainees who require protective custody, those who cannot be placed in the local population because they are in route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel, and those requiring separation for medical reasons.

2. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains persons over the age of 18.

3. NON-CITIZEN: Any person who is not a citizen or national of the United States.

4. AMERICAN CORRECTIONAL ASSOCIATION (ACA): The American

Correctional Association is the oldest and largest international correctional association in the world. ACA serves all disciplines within the corrections profession and is dedicated to excellence in every aspect of the field.

5. ARMED OFFICER: Contractor’s uniformed staff members responsible for the security, care, and supervision of detainees during all phases of activity in a detention facility. The officer is also responsible for the safety and security of the facility. Each “Armed Officer” will have the appropriate license to work as an armed officer in New York State.

6. ARMED TRANSPORTATION OFFICER: Contractor’s uniformed staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity involving detainee transportation. Requires the use of a semi-automatic pistol. Each “Armed Officer” will have the appropriate license to work as an armed officer in New York State.

7. BED-DAY: The total billable cost to the Government to maintain and house one detainee for one day. Bed-day means a detainee that is referred to a contractor for detention. The bed days are calculated by subtracting the date booked into custody from the date released from custody. The contractor may charge for day of arrival, but not day of departure.

8. BED-DAY RATE: The rate charged for each individual detainee per day. Bed-day rate is an all-inclusive burdened rate including direct costs, indirect costs, overhead, and profit necessary to provide the detention, and food service requirements as described in the PWS.

9. BODY CAVITIES - Body cavities include the mouth, ears, nostrils, vagina, and rectum.

10. BOOKING: A procedure for the admission of an ICE detainee, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual’s accompanying personal property. The contractor may be responsible for booking the detainee into ICE systems upon receiving the detainee.

11. CLASSIFICATION: A process for determining the needs and requirements of noncitizens for whom detention has been ordered and for assigning them to housing units and programs according to their needs, security risk level, and existing resources of the facility.

12. CONTRABAND: Items that pose a threat to the security of people or property. A contraband item fits into either the category of hard or soft contraband as defined below:

a) Hard Contraband: Any item that is inherently dangerous as a weapon or tool of violence, e.g., knife, explosives, “zipgun,” brass knuckles. Because hard contraband presents an immediate physical threat in or to the facility, a detainee found in possession of hard contraband could face disciplinary action or criminal prosecution.

b) Soft Contraband: Any item that presents a nuisance, which does not pose a direct and immediate threat to an individual’s safety. None-the-less, soft contraband has the potential to create dangerous or unsanitary conditions in the facility, such as excess papers that create a fire hazard, food items that are spoiled or retained beyond the point of safe consumption, etc.

13. CONTRACTING OFFICER (CO): An employee of the Government responsible for the complete conduct and integrity of the contracting process, including administration after award. The only individual authorized to issue changes to this contract.

14. CONTRACTING OFFICER’S REPRESENTATIVE (COR): Employees of the Government responsible for monitoring all technical aspects and assisting in administering the contract.

15. CONTRACTOR: The entity, which provides the services, described in this performance work statement (PWS).

16. CONTRACTOR EMPLOYEE: An employee of a private contractor hired to perform a variety of detailed services under this contract.

17. CONTROL ROOM: Integrates all internal and external security communications networks within a secure room. Activities conducted within the control room have a critical impact on the institution’s orderly and secure operation.

18. CREDENTIALS: Document providing primary source verification including education, training, licensure, experience, board certification, and expertise of an employee.

19. DEPARTMENT OF HOMELAND SECURITY (DHS): A department of the United States Government, which includes U.S. Immigration and Customs Enforcement

(ICE).

20. DEPARTMENT OF JUSTICE (DOJ): A department of the United States Government, which includes the Executive Office of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service (USMS).

21. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and Customs Enforcement designated in writing by the ICE Field Office Director (FOD) to represent ICE on matters pertaining to the operation of the facility.

22. DETAINEE: Any person confined under the auspices and the authority of any Federal agency. Many of those being detained may have substantial and varied criminal histories.

23. DETAINEE PROPERTY: Refers to personal belongings of a detainee.

24. DETAINEE RECORDS: Information concerning the individual’s personal, criminal, and medical history, behavior, and activities while in custody, including, but not limited to:

a) Detainee, Personal Property

b) Receipts, Visitors List, Photographs

c) Fingerprints, Disciplinary Infractions

d) Actions Taken, Grievance Reports, Medical

e) Records, Work Assignments, Program Participation

f) Miscellaneous Correspondence, etc.

25. DETENTION OFFICERS: Contractor’s uniformed staff members responsible for the security, care, and supervision of detainees during all phases of activity in a detention facility or stationary guard location. The officer is also responsible for the safety and security of the facility.

26. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): The purpose of the DSCU is to develop and prescribe policies, standards, and procedures for ICE detention operations and to ensure detention facilities are operated in a safe, secure, and humane condition for both detainees and staff.

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

28. DIRECTIVE: A document issued by the U.S. Government and signed by the President, Departmental Secretary, or an Assistant Secretary that establishes policy, delegates’ authority, and/or assigns responsibilities.

29. DISCIPLINARY SEGREGATION: A unit housing detainee who commit serious rule violations.

30. EMERGENCY: Any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, medical exigency, natural disaster, or other serious incident.

31. EMERGENCY CARE: Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call.

32. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): A division within ICE, whose mission is the planning, management, and direction of broad programs relating to the supervision, detention, and removal of detainees who are in the United States illegally.

33. ENTRY ON DUTY (EOD): The first day the employee begins performance at a designated duty station on this contract.

34. EXECUTIVE OFFICE OF IMMIGRATION REVIEW (EOIR): An agency of DOJ.

The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

35. FACILITY: The physical plant and grounds in which the contractor’s services are operated.

36. FACILITY Director: The official, regardless of local title (e.g., jail administrator, facility director, superintendent), who has the ultimate responsibility for managing and operating the contracted detention facility. The qualifications for the holder of this office shall be consistent with ACA standards.

37. 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.

38. FLIGHT OPERATIONS UNIT (FOU): The FOU is the principal mass air transportation and manages government and contract flights.

39. GOVERNMENT: Refers to the United States Government.

40. GRIEVANCE: A written complaint filed by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility.

41. 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.

42. 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.

43. HEALTH CARE PERSONNEL: Duly licensed individuals whose primary duties are to provide health services to detainees in keeping with their respective levels of health care training or experience.

44. HEALTH UNIT (HU): The physical area in the facility and organizational unit set-aside for routine health care and sick call. The HU is the designated part of the facility for the delivery of care to detainees on an ambulatory or observation basis.

45. ICE HEALTH SERVICES CORPS (IHSC): The ICE Health Service Corps serves as the medical authority for ICE on a wide range of medical issues, including the agency's comprehensive detainee health care program.

46. IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), brothers and sisters (including stepbrothers and sisters and half-brothers and sisters) and their spouses.

47. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE): A law enforcement agency within the U.S. Department of Homeland Security

48. INCIDENT REPORT: A written document reporting an event, such as minor disturbances, officer misconduct, any detainee rule infraction, etc.

49. JUVENILE DETAINEE: Any detainee under the age of 18 years.

50. KEY PERSONNEL: Any one of the following positions employed by the contractor;

Facility Director, Supervisory Detention Officer (e.g., Shift Commander and Shift Supervisor), Chief of Security, Training Officers,

51. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.

52. MAN-HOUR: Man-hour means productive hours when the required services are performed. Only productive hours can be billed and invoiced.

53. MEDICAL RECORDS: Separate records of medical examinations and diagnoses maintained by the responsible physician or nurse. The following information from these records shall be transferred to the detainee record: date and time of all medical examinations; and copies of standing or direct medical orders from the physician to the facility staff.

54. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly arrived detainees who could pose a health or safety threat to themselves or others.

55. MILEAGE RATE: A fully burdened rate inclusive of the mileage rate in accordance with General Service Administration Federal Travel Regulation, vehicle equipment, maintenance, and fuel costs.

56. NON-CONTACT VISITATION: Visitation that restricts detainees from having physical contact with visitors using physical barriers such as screens and/or glass.

Voice communications between the parties are typically accomplished with telephones or speakers.

57. NON-DEADLY FORCE: The force a person uses with the purpose of not causing or which would not create a substantial risk of causing death or serious bodily harm.

58. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY

UNIT (OPR-PSU): The ICE office which implements a component-wide personnel security program.

59. ON-CALL/REMOTE CUSTODY OFFICER POST: Posts operated as requested by the COR, or other ICE officials designated by COR, and including, but not limited to, escorting and custody of detainees for hearings, ICE interviews, medical watches, and any other location requested by the COR.

60. PAT-DOWN SEARCH: A quick patting of the detainee’s outer clothing to determine the presence of contraband.

61. PERFORMANCE WORK STATEMENT (PWS): That portion of the contract, which describes the services to be performed under the contract.

62. POLICY: A definite written course or method of action, which guides and determines present and future decisions and actions.

63. POST ORDERS: Written orders that specify the duties of each position, hour-by-hour, and the procedures the post officer will follow in carrying out those duties.

64. PREVENTIVE MAINTENANCE: A system designed to enhance the longevity and/or usefulness of buildings and equipment in accordance with a planned schedule.

65. PROCEDURE: The detailed and sequential actions that must 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.

66. PRODUCTIVE HOURS: These are hours when the required services are performed and can be billed.

67. PROJECT MANAGER (See Facility Director): 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 detention officer or supervisory detention officer.

68. PROPOSAL: The written plan submitted by the contractor for consideration by ICE in response to the request for proposal (RFP).

69. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement, or supplement the functions of physicians and/or dentists who are licensed, registered, or certified, as appropriate to their qualifications, to practice.

70. QUALITY ASSURANCE: The actions taken by the Government to assure requirements of the PWS are met.

71. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A Government-produced document that is based on the premise that the contractor, and not the Government, is responsible for the day-to-day operation of the facility and all the management and quality control actions required to meet the terms of the contract.

The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The QASP validates that the contractor is complying with ERO-mandated quality standards in operating, maintaining, and repairing detention facilities.

72. 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.

73. QUALITY CONTROL PLAN (QCP): A contractor-produced document that addresses critical operational performance standards for services provided.

74. RECORD OF DECISION (ROD): A document that explains an agency’s decision, describes the alternative the agency considered, and discusses the agency’s plans for mitigation and monitoring, if necessary.

75. RELIEF FACTOR: Indicates how many persons it takes to fill a single job position for a single shift, taking into account vacation, sick leave, training days, and other types of leave.

76. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility.

77. RESTRAINT EQUIPMENT: This includes but is not limited to handcuffs, belly chains, leg irons, straitjackets, flexi cuffs, soft (leather) cuffs, and leg weights.

78. SAFETY EQUIPMENT: This includes but is not limited to firefighting equipment, i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas masks, fans, first aid kits, stretchers, and emergency alarms.

79. SALLYPORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit helps to ensure that there shall be no breach in the perimeter or interior security of the facility.

80. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, floors, walls, and barriers used to confine and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security.

81. SECURITY PERIMETER: The outer portions of a facility, which provide for secure confinement of detainees.

82. SECURITY RISK – HIGH, MEDIUM, LOW:

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

These detainees may not be co-mingled with low custody detainees.

Medium-High-Risk Level – (Level 2) Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior. These detainees have a history of violent or assaultive charges, convictions, institutional misconduct, or those with gang affiliation.

Medium-Low-Risk Level – (Level 1.5) Detainees with no history of violent or assaultive charges or convictions, no institutional misconduct, and no gang affiliation.

Low-Risk Level – (Level 1) Detainees exhibit no behavioral problems and have no history of violent criminal behavior. This level may not include any detainee with a felony conviction that included an act of physical violence. Low risk level detainees may not be co-mingled with high custody detainees.

83. 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.

84. SIGNIFICANT EVENT NOTIFICATION REPORT (SEN): A written document reporting a special event (e.g., the use of force, use of chemical agents, discharge of firearms).

85. SPECIAL Housing UNIT (SHU): A housing unit for detainees in administrative or disciplinary segregation.

86. STRIP SEARCH: An examination of a detainee’s naked body for weapons, contraband, and physical abnormalities. This also includes a thorough search of all of the individual’s clothing while not being worn.

87. SUITABILITY CHECK: Security clearance process for contractor and all contractor Employees to determine favorable suitability to work on a government contract.

88. TOUR OF DUTY: No more than 12 hours in any 24-hour period with a minimum of eight (8) hours off between shifts, except as directed by state or local law.

89. TRAINING: An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy of 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. All trainers must be certified, and certification shall be approved by the COR or ICE-designee.

90. TRANSPORTATION COSTS: The cost of all materials, equipment, and labor necessary to respond to requests by designated officials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc.

91. TRAVEL COST: Cost inclusive of lodging and meals and incidental expenses (MI&E) for Transportation Officers exceeding the standard working hours.

Contractor tour of duties will comply with all current federal, state, and local laws.

This includes but is not limited to the Federal Motor Carrier Safety Administration, CFR 395.5 - Maximum driving time for passenger-carrying vehicles. Cost is based on actual charges per occurrence, not to exceed the allowable Federal Travel Regulation rates/costs in effect on the dates of travel.

92. WEAPONS: This includes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical weapons (mace), and nightsticks.

II. GENERAL

A. Objective

The objective of this contract is to obtain comprehensive detention services at Buffalo Federal Detention Facility (BFDF).

B. Background and Mission

ICE is responsible for the detention, health, welfare, transportation, and deportation of detainees in removal proceedings, and those subject to a final order of removal from the

US.

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

In implementing its mission, ERO is responsible for carrying out all orders for the securing and departure activities of detainees who are designated in removal proceedings and for arranging for the detention of detainees when such becomes necessary and prescribed by law.

C. Scope of Work

The contractor shall operate the government-owned detention facility, BFDF, to house detainees, both male and female, on a 24 hours per day, seven days per week, 365 days per year basis.

The contractor must provide unarmed detention officers, armed detention officers and armed transportation officers. The contractor must provide full food service operations, commissary program, and recreational programs. Services include management, supervision, staffing, training, certifications, licenses, officer commissioned certifications, drug testing, uniforms, equipment, supplies, and vehicles necessary to provide the objectives of this PWS.

BFDF provides safe and secure conditions of confinement based on the individual characteristics of a diverse population, including threats to the community, risk of flight, type and status of immigration proceeding, community ties, medical and mental health issues. The management of BFDF shall provide easy access to legal services; ample indoor and outdoor recreation that allows for vigorous aerobic exercise in accordance with PBNDS meal service or satellite feeding; institutional detainee clothing; non-contact and contact visitation, including special arrangements for visiting families, with extended hours including nights and weekends; private areas for attorney-client visits, with video teleconferencing capabilities; noise control; enhanced, but controlled freedom of movement (although the manner and degree of implementation may vary based on security levels); enhanced law library and legal resources; and enhanced programming, including religious services and social programs and dedicated space for religious services.

Detention services shall be performed in accordance with optimal level of the most current version of the ICE Performance-Based National Detention Standards (PBNDS) (Attachment 6 – PBNDS 2011 with 2016 Revisions). The most current version is PBNDS 2011 and the 2016 revisions are available at www.ice.gov/detention-standards/2011. The contractor shall also abide by the March 7, 2014, DHS regulation under the Prison Rape Elimination Act of 2003 (PREA; P.L. 108-79) (Attachment 7 – Prison Rape Elimination Regulations), Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (DHS PREA Standards) available at https://www.ice.gov/detain/prea.

NOTE: Where ICE PBNDS 2011 is referenced through this contract and its attachments, it shall be interpreted to designate ICE PBNDS 2011 with 2016 revisions.

This facility may house transgender detainees; as such, the contractor shall comply with the special needs and requirements stated in U.S. ICE Policy 11065.1: Review of the Use of Segregation for ICE Detainees, as well as ICE Further Guidance Regarding the Care of Transgender Detainees (Transgender Care Memorandum) and attachments therein, including operating a multidisciplinary Transgender Classification and Care Committee responsible for constructing an individualized detention plan for each self-identified transgender detainee as outlined on pages 7-14 of the memorandum “Transgender Care Memorandum” available at https://www.ice.gov/sites/default/files/documents/Document/2015/TransgenderCareMem orandum.pdf .

ACA Standards for Adult Local Detention Facilities (ALDF) and Standards Supplement, Standards for Health Services in Jails, latest edition, National Commission on Correctional Health Care (NCCHC), and state and local laws on firearms for all locations. The Government shall be responsible funding and formally applying for accreditation/reaccreditation to become ACA accredited. The Government shall maintain this accreditation for the facility throughout the life of the contract, inclusive of any period extensions. The contractor will support the overall facility accreditation throughout the life of the contract. The contractor is required to follow all detention services ACA accreditation standards outside of the facility requirements. If ACA accreditation standards are not met for the detention standards portion, the contractor will be found to not meet the PWS.

In cases where there is a conflict in standards, the most stringent shall apply. If the contractor is unable to determine which standard is more stringent, the COR shall determine the appropriate standard.

The COR does not have the authority to modify the stated terms of the contract or approve any action that would result in additional charges to the Government beyond http://www.ice.gov/detention-standards/2011 http://www.ice.gov/detention-standards/2011 https://www.ice.gov/detain/prea https://www.ice.gov/sites/default/files/documents/Document/2015/TransgenderCareMemorandum.pdf https://www.ice.gov/sites/default/files/documents/Document/2015/TransgenderCareMemorandum.pdf what is stated in the CLIN schedule. The CO shall make all modifications in writing.

The contractor shall furnish all personnel, management, equipment, office supplies, food rations, training, certification, commissions, inspections, and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract.

The Government will supply limited fixed assets within the facility for use by the contractor in accordance with the provisions of the contact (Attachment 8 – ICE Fixed and Non-Fixed Assets).

DHS, ICE, federal entities, and third-party inspectors will conduct periodic and unscheduled audits and inspections of contract performance and the facility to ensure contract compliance. All inspectors shall always have full access to the facility in all areas of performance. The contractor shall provide full and complete cooperation for any request or investigation conducted by the Government.

Detainees are classified as High (Level 3), Medium High (Level 2), Medium Low (Level 1.5) or Low Risk (Level 1). Upon discovery that a detainee may be a juvenile, the contractor shall immediately notify the COR or ICE-designee and follow the instructions of the COR or ICE-designee.

The contractor shall not add any non-ICE detainee population to the facility from any other entity without the expressed prior written approval of the COR and/or ICE-designee.

The contractor agrees to accept and provide for the secure custody, care, and safekeeping of detainees in accordance with the state and local laws, standards, policies, procedures for firearms requirements, or court orders applicable to the operations of the facility.

D. Facilities

1. Business Permits and Licenses The contractor shall obtain all required permits and licenses by the date of contract award. The contractor must be licensed as a qualified security service company in accordance with the requirements of the district, municipality, county, and state in which the ICE work site is located. Throughout the term of this contract, the contractor shall maintain current permits/business licenses/permits and make copies available for Government inspection. A copy of the contractor’s security service license shall be provided to the COR during the mobilization period. Contractor shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards.

2. ICE Information Technology (IT) Equipment ICE will provide and install IT equipment in office spaces for ICE personnel and the intake and release area within the hardline, to include CPUs, screens, printers, and fax machines. For the contractor’s office space, the contractor will be required to provide and install all IT equipment, including cabling, if applicable, CPU’s, screens, printers, fax machines and office furniture.

E. Armed Transportation Services

1. The contractor shall provide all such ground transportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the COR or designated ICE official, including the transportation of detainees to various appointments (Attachment 9 – Route and Mileage Data). Regular transportation to key sites shall be provided as necessary and additional transportation requirements as requested by the COR or designated ICE official.

When officers are not providing transportation services, the contactor shall assign the employees to supplement security duties within the facility. However, the primary function of these officers is transportation. Duties performed by these officers shall not incur any additional expenses to the Government.

2. The contractor shall assign, at a minimum, two-person teams of armed transportation officers whenever necessary throughout a 24-hour period, seven days a week, including weekends and holidays. When transporting detainees of the opposite gender, assigned transportation staff shall call in their time of departure and odometer reading; and then do so again upon arrival, to account for their time.

Except in emergency situations, a single transportation staff member may not transport a single detainee of the opposite gender. Further, if there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender as the detainee(s) must be present.

3. The contractor shall furnish suitable vehicles in good condition, approved by the Government and in-line with the PBNDS 2011 requirements, to safely provide the required transportation services per facility as listed below. The contractor shall be responsible for all cost associated with fuel, tolls, maintenance, security features and comply with all federal and state laws regarding inspections, licensing, registration, and current emissions standards for all vehicles used for transportation.

4. Nothing in this contract shall restrict the contractor from acquiring additional vehicles as deemed necessary by the contractor at no cost to the Government. The contractor shall not allow employees to use their privately-owned vehicles to transport detainees. The contractor shall furnish vehicles equipped with interior and exterior security features in accordance with PBNDS 2011. The contractor shall provide the interior security specification of the vehicles to ICE for review and approval prior to installation. Vehicles furnished by the contractor shall be equipped with GPS tracking and interior security features such as, but not limited to: door lock controls, window locks, a wire cage with acrylic panel between the driver seat and the rear passenger seats and provide physical separation of detainees from detention officers.

5. The contractor personnel provided for armed transportation services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as those contractor personnel provided in the other areas of this contract. Armed transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with automatic transmission and meet the federal and state licensing requirements. A copy of employee CDL with passenger endorsements and medical clearance shall be kept on file for ICE review and prior to EOD of any transport officer.

6. All transportation detention officers shall be armed in the performance of these duties. The contractor shall supply and maintain restraining equipment, per PBNDS 2011 Standard 1.3 “Transportation (by Land).” ICE personnel reserve the right to approve such restraining equipment, as well as the right to inspect such restraining equipment.

7. The contractor shall comply with ICE transportation standards related to the number of hours the contractor employee may operate a vehicle. Overnight lodging resulting from transportation services shall be approved in advance by the COR or designated ICE official; overnight lodging expenses shall be billed at rates not to exceed the applicable GSA per diem rates. Transportation shall be accomplished in the most economical manner and in accordance with the applicable GSA per diem rates.

8. The contractor shall, upon order of the COR or designated ICE official, or upon his or her own decision in an urgent medical situation, transport a detainee to a hospital location. An officer, or officers, shall keep the detainee under constant supervision 24 hours per day until the detainee is ordered released from the hospital, or at the order of the COR. The contractor shall then transport the detainee to the detention site.

9. The COR may direct the contractor to transport detainees to any locations, at the direction of ICE. When the COR or ICE-designated official provides documents to the contractor concerning the detainee(s) to be transported and/or escorted, the contractor shall deliver these documents only to the named authorized recipients or his or her designee. The contractor shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient.

10. Failure of the contractor to comply fully with the detainee(s) departure as pre-scheduled may result in the contractor having deductions made for non-performance.

11. ICE anticipates normal transportation requirements other than hospital visits and local needs (Attachment 9 – Route and Mileage Data). In addition to unspecified or miscellaneous locations, the contract facility must support transportation to and from locations as directed by ICE COR or designee. All transportation reports must be submitted to the COR within two business days of trip completion.

12. Monthly Status Report: The report will include at a minimum the information required for each G-391 for every trip as indicated in the G-391 upload template attachment and G-391 Form (Attachment 10 – G-391 upload template V8 and Attachment 11 – G-391 template). A breakdown of hours and personnel will also be provided and divided into transportation guard hours and stationary guard hours.

This breakdown will be provided monthly in the contractor’s format along with the G-391 upload template and emailed to the COR. A breakdown of vehicles used (year, model, and capacity) will also be required if the contractor is using contractor owned vehicles. This information will be available electronically to government users and submitted in addition to the invoice each month. The Government reserves the right to update Attachment 10 - G-391 upload template or to provide an updated means of uploading transportation data to fix issues, expand capabilities, and improve performance of the worksheet.

13. The government shall provide vehicles as listed on the Government Owned Vehicle attachment. The government shall provide these vehicles when available and the government will cover all costs associated with these vehicles to include fuel, tolls, maintenance, etc. The one exception is insurance, the contractor shall provide insurance on the vehicles for use by its contractor employees. The contractor shall not assume these vehicles will be made available 100% of the time or that the vehicles will be available for the life of the contract. The contractor shall provide a fleet of contractor vehicles in accordance with Item 12 below. Vehicle Insurance cards, for both government and contractor vehicle, shall be provided to ICE. Vehicle Registration documentation, for contractor vehicles, shall also be provided to ICE.

14. The contractor shall provide a minimum of nine contractor owned vehicles for non-citizen transportation services, one bus capable of holding 40+, one airporter with a capacity of at least 24, five vans holding 12 plus each, and two sedans of two +.

15. The contractor shall have one two-man transportation team and one contractor provided van at the ICE sub-office located in Malta, NY. The van is in addition to the quantity of vans required above.

16. As an optional CLIN the contractor shall provide a transportation team and one contractor provided van at the ICE sub-office located in Champlain, NY at any time during the period of performance of this contract.

F. On-Call Stationary Guard Services

1. The contractor shall provide on call guard services as requested by the COR or ICE-designated official and shall include, but is not limited to, escorting and guarding detainees to medical or doctor appointments and hospital admissions; hearings; ICE interviews; and any other remote location requested by the COR or designated ICE official. Qualified guard personnel employed by the contractor under its policies, procedures, and practices will perform such services. The contractor shall augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Upon the order of the COR or designated ICE official or in an emergency, the contractor shall provide an officer to safeguard the detainee(s) at a medical facility while undergoing medical examination or treatment as either inpatient or outpatient care. Such assignments may include but are not restricted to medical appointments of detainees. The detainee shall be kept under constant supervision. Public contact is prohibited unless authorized in advance by the COR.

2. The numbers and frequency of these services shall vary, but to the extent possible, the COR or ICE-designated official shall notify the contractor two hours in advance of such need and of a schedule for the remote post to be manned. One guard shall be authorized for such post unless the COR specifies additional guards are required.

3. The following notes are applicable to the above posts:

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

b. Additional officers for each post assignment may be required at the direction of the designated ICE official when operationally necessary.

c. All necessary meals shall be provided by the contractor when the detainees(s) are in the custody of the contractor.

d. COR shall guarantee a minimum of two hours for each on call post directed.

e. The contractor remains responsible for providing security and preventing escapes.

The itemized monthly invoice for such on call guard services shall state the number of hours being billed, the duration of the billing (times and dates to include travel to and from location being guarded) and the names and “A” numbers of the detainees who were guarded. Such services shall be denoted as a separate item on submitted invoices. ICE agrees to reimburse the contractor for actual on call guard services provided at the negotiated rate.

G. Notification and Public Disclosures

There shall be no public disclosures regarding this contract made by the contractor (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE CO. This includes social media posts in official uniform or official title. The Government considers such information privileged or confidential.

H. Records

All records related to contract performance shall be retained in a retrievable format for three years. Except as otherwise expressly provided in this PWS, the contractor shall, upon completion or termination of the resulting contract, transmit to the Government any records related to performance of the contract, in a format acceptable to the CO and

COR.

The contractor shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Records and information management functions are required and mandated by the following laws and regulations: Chapters 21, 29, 31, and 33 of Title 44, US Code; 36 CFR 12; 41 CFR 201 subchapters A and B;

OMB Circular A-130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, US Code.

The contractor shall notify the COR when a member of the US Congress or any media outlet requests information or makes a request to visit the facility. All such visits shall be in compliance with PBNDS 2011, Standard 7.2 “Interviews and Tours.” The contractor shall coordinate all public information related issues with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs, which can be reached through the Internet website:

https://www.ice.gov/leadership/opa.

The contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees’ opinions do not necessarily reflect the position of the US Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations.

All detainee files are to be prepared, purged, maintained, retired, and disposed of in accordance with ICE policy. The contractor shall be responsible for all onsite storage, purging, record inquires and retrieval. Policy and procedures shall be developed to ensure the confidentiality and security of all detainee files. The contractor shall be responsible for detainee record keeping services and personal property.

The contractor shall safeguard all records related to the operation of the facility.

Except as provided in the below paragraph, all records acquired or generated by the contractor in the contracting process or its performance of this contract or as a result of this contract, including records classified as Privacy Act systems of records, are federal records under the control of ICE and all determinations regarding the disclosure of this information will be made by ICE in accordance with applicable federal laws, regulations, policies, and executive orders or as ordered by a court. Insofar as any documents created by the contractor containing any information related to one or more ICE detainees, these records shall be the property of the ICE and all determinations https://www.ice.gov/leadership/opa regarding the disclosure of this information will be made by ICE in accordance with applicable federal laws, regulations, policies, and executive orders or as ordered by a court. To the extent the contractor intends to release the contract or any information relating to the contract, the contractor agrees to coordinate with the ICE CO and obtain ICE concurrence prior to any such release. ICE will comply with the provisions set forth in 6 C.F.R §5.7 “Confidential Commercial Information,” as applicable, in the event ICE intends to release the contract documents or any information relating to this contract, including section (e) “Opportunity to Object to Disclosure”.

Contractor-owned records are considered the property of the contractor and are not within the scope of the paragraph above. Contractor-owned records include the following: (1) contractor’s employment-related records, (2) contractor’s patents, copyright, and trademark applications, where the contractor has elected rights or has permission to assert rights and has not relinquished such rights or turned such rights over to the Government, (3) contractor’ non-public financial records not related to the performance of this contract, and (4) contractor’s records that are not related to performance of this contract.

All records acquired or generated by the contractor related to this contract and in possession of the contractor, including those described in the two paragraphs above, shall be subject to inspection, copying, and audit by the Government or its designees at all reasonable times, and the contractor shall afford the Government or its designees reasonable facilities for such inspection, copying, and audit; provided, however, that upon request by the CO, the contractor shall deliver such records to a location specified by the CO for inspection, copying, and audit. The Government or its designees shall use such records in accordance with applicable federal laws (including the Privacy Act), as appropriate.

This section applies to all records created, received, and maintained by the contractor without regard to the date of origination of such records, including all records acquired from a predecessor contractor or predecessor contract. The requirements of this section shall flow down to all subcontractors of the contractor in performance of this contract.

I. Hold Harmless

The contractor shall protect, defend, indemnify, save, and hold harmless the US Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the contractor, its agents, sub-contractors, employees, assignees, or anyone for whom the contractor may be responsible. The contractor shall also be liable for all costs, expenses, and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment, or liability, including those costs, expenses, and attorneys’ fees incurred by the US Government and its employees or agents. The contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees, or agents for alleged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of receipt. The contractor shall cooperate with Government legal staff and/or the US attorney regarding any requests pertaining to federal or contractor litigation.

Policy and procedures shall be developed which ensure a positive relationship is maintained with all levels of the federal judiciary. The contractor’s procedures shall ensure a tracking system is established which mandates that all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and contractor responses, specifically related to a detainee, shall be made part of the detainee’s file.

J. Quality Control

The contractor is responsible for management and quality control actions necessary to meet the quality standards set forth in the contract. The contractor shall provide a final QCP (Deliverable 1) to the CO for concurrence not later than the post award conference (or as directed by the CO). The CO will notify the contractor of concurrence or required modifications to the plan before the contract start date. The contractor must make appropriate modifications and obtain concurrence of the plan by the CO before the contract start date.