70CDCR25R00000020 - Attachment A - Performance Work Statement Religious Services 2025.pdf

Performance Work Statement

Religious Services Program

1.0 Goals

The U.S. Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), has a requirement for chaplains and support staff to establish and administer a Religious Services Program consistent with the roles and responsibilities outline in the Performance Based National Detention Standards 2011 (Revised 2016) (hereafter referred to as PBNDS 2011) at each of five (5) dedicated ICE Service Processing Centers (SPCs) and one (1) detention facility located in Batavia, NY, Miami, FL, Los Fresnos, TX, Florence, AZ, and El Paso, TX, and Naval Station Guantanamo Bay (NSGB), Cuba.

2.0 Purpose

2.1 ICE ERO Mission

The mission of ICE ERO is to identify, arrest and remove aliens, who present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and border control efforts. ICE ERO upholds America’s immigration laws at, within, and beyond our borders through efficient enforcement and removal operations.

2.2 Performance Work Statement Overview

ERO manages the civil detention of one of largest and most religiously and culturally diverse populations of any correctional or detention system in the world. In managing this population, ERO is required to comply with the PBNDS 2011 and the Religious Freedom Restoration Act of 1993 (RFRA). The purpose of this Performance Work Statement (PWS) is to define the Religious Services Program in accordance with the PBNDS 2011 and RFRA for detainees at each of the five (5) dedicated SPCs and one (1) Detention Facility, located at NSGB.

It is the policy of ICE to extend to all detainees the greatest amount of freedom and opportunity to pursue their individual religious beliefs and practices consistent with the safety and security of the facility.

There shall be no discrimination against any detainee based on his/her religious beliefs or practices.

The contract awardee will be responsible for fulfilling obligations as detailed in the PBNDS 2011 and applicable federal law0F

1, including ensuring detainees are provided appropriate religious services and accommodations in a language or manner they understand, including but not limited to: access to religious worship items; religious headwear and other garb; access to religious texts and scriptures;

1 The Religious Freedom Restoration Act of 1993 Religious Freedom Restoration Act of 1993 - Prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

https://www.ice.gov/detain/detention-management/2011 https://www.ice.gov/detain/detention-management/2011 religiously appropriate meals; and access to religious representatives and religious programming.

Detained aliens are required to be provided the opportunity to have a structured and consistent opportunity to practice their chosen religion, including all beliefs and practices, unless a documentable facility safety or security threat exists.

The requirements of this contract will be largely accomplished through a robust management team that will oversee all financial, logistical, operational, and oversight of this contract, as well as onsite Local Facility Chaplain (LFC) and Local Program Manager (LPM) at each of the five SPCs and one detention facility.

The LFC and LPM, who on a fulltime basis, will have the primary duties and responsibilities to fulfill the obligations set forth in the PBNDS 2011, which states, “the facility chaplain, who shall, in cooperation with the facility administrator and staff, plan, direct and supervise all aspects of the religious program, including approval and training of both lay and clergy volunteers from faiths represented in the detainee population.”

It is incumbent on the Contractor to know, understand, and comply with all federal, state, and local laws, statues, and regulations, as well as policies, procedures and other requirements by the United States Government, the Department of Homeland Security, ICE, and ICE ERO.

It is incumbent on the Contractor to know, understand, and comply with the full breath and scope of the PBNDS 2011, as it pertains to the Contractor’s obligations per the contract requirements. The standards are available at the https://www.ice.gov/detention-standards/2011 website.

3.0 Performance Standards

The Contractor must demonstrate substantial and multi-person (rather than relying on any single individual) experience in providing religious services and accommodations to individuals in detention or correctional facilities, including the ability to interact and cater to diverse faiths, religious beliefs and practices, and ensuring inclusive, equitable and meaningful access to religious services and accommodations for individuals from varied cultural, religious, and socioeconomic backgrounds, as well as those with differing levels of criminality, victimization of crimes, physical or communication disabilities, and mental health or medical conditions.

The Contractor must demonstrate significant experience providing one-on-one pastoral care with sensitivity, approachability, and availability to a diverse population as described above.

The Contractor must demonstrate experience in providing (or recruiting other religious leaders to provide) religious services and programming for a diverse population as described above.

The Contractor must have demonstrated expertise in understanding complex religious dietary and meal requirements in the context of religious accommodations, ensuring that dietary requirements are met according to the religious beliefs and practices of detainees in custody, such as Kosher, Halal, and vegetarian, etc.

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

The Contractor must have knowledge and demonstrated experience in knowing what religious dress and other garb, prayer and worship items, and religious texts and scriptures are required of different religions and sects/denominations within a religion require.

The Contractor must have knowledge and experience in procuring religious items and know how to provide those items to detainees, especially when a safety or security threat arises from the religious items. Additionally, the Contractor must have knowledge and experience in procuring religious texts/scriptures in languages other than English. Such experience is critical to navigating the complexities of providing spiritual care in environments where security, compliance, and respect for religious beliefs and practices must be balanced and respected.

The Contractor must demonstrate a robust multi-person organizational framework and operational capacity, to manage the contract requirements and the diverse needs of the program effectively. This includes the ability to ensure quality assessment oversight, complete reporting requirements, submit invoices, recruit, train, and retain qualified organizational personnel with the requisite cultural competence, religious knowledge, and interpersonal skills to provide meaningful spiritual care in challenging environments.

The Contractor must provide Key Personnel’s information in advance (preferably complete resumes) to indicate a level of commitment through submission of a proposal showing time and effort, i.e. full-time, part-time, or as needed, of each individual proposed to work on this contract. The Contractor must describe in detail the recruitment procedures for Key Personnel that will be utilized, given the robust knowledge and expertise that is required. Seeking to employ the incumbent’s staff should not be the sole or primary mechanism for recruitment.

The Contractor must demonstrate strong program management capabilities, including the ability to monitor and evaluate service deliverables, ensure accountability, and adapt to evolving requirements (including additional facilities or modification of existing facilities).

The Contractor must demonstrate experience in managing past or current contracts similar in size, scope and complexity.

The Contractor shall organize, design and administer the Religious Services Program in each of the 6 locations in compliance with any applicable federal, state, and local laws and licensing provisions as well as the applicable 2011 PBNDS and RFRA described below.

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

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

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

The Contractor shall not use or permit the use of the Government premises for any unlawful purpose, http://www.aca.org/ or any unlawful act.

3.1 Administration, Organization and Program Management

1. ICE’s current need for religious service programs and accommodations at Naval Station Guantanamo Bay (NSGB) is included in this PWS. The Government anticipates contractor personnel to have to travel to Cuba and the Government expects the Contractor to work with the Government to facilitate contractor’s personnel travel. More information will be provided at the award kick-off meeting. In an event where the need is no longer applicable, ICE will inform the Contractor of the change in the scope of the PWS. In an event where ICE has a need to add a new location and/or change the location of NSGB to another location, ICE will inform the Contractor of the change.

Travel Instructions to Guantanamo Bay, Cuba

The Contractor must complete SPOT (Synchronized Predeployment and Operational Tracker) training before traveling to Guantanamo Bay. It is crucial to review and understand the Letter of Authorization requirements and processes to ensure operational effectiveness and uphold security standards.

SPOT Training Registration Follow these steps to register:

• Visit the SPOT Training Portal: Go to the official SPOT training website.

• Create an Account: If you do not already have an account, create one using your official email address.

• Provide Required Information: Enter your personal details, including your full name, contact information, and employer details.

• Upload Documents: Submit any required documents, such as proof of employment and identification.

Approval Timeline

• Processing Time: Once you have submitted all required information and documents, it typically takes 5-7 business days for your SPOT training registration to be approved.

• Notification: You will receive an email notification once your registration is approved.

2. The Contractor, in coordination with the ICE ERO, facility administer, and other facility staff as needed, or required, shall coordinate and direct all religious activities, including but not limited to (in no particular order):

a) Coordinate meetings with religious advisors, community religious leaders, and ICE to determine ways to improve the Religious Services Program.

b) Actively seek out, recruit and coordinate a local network of volunteers to meet the diverse needs of faith groups reflecting the site population demographics. Volunteers, subject to an ICE background check and approval, shall provide regularly scheduled worship services, prayer gatherings, and religious instruction representing various faith traditions. The Contractor is responsible for working collaboratively with volunteers in all aspects of ministry onsite and to maintain a fair and equitable management of volunteer resources. The requirement for volunteer program is excluded for NSGB’s location.

c) Plan, organize, create, and schedule religious services, programming, and/or instruction opportunities that occur on a weekly basis.

d) Provide guidance to ICE on religious matters at each facility,

e) Report to ICE

f) Promote interfaith understanding

g) Facilitate the procurement of religious items, either through purchasing or in-kind donations.

h) Distribute religious items, consistent with safety and security concerns

i) Review and respond to grievances related to religious services and/or accommodations.

j) Receive and address requests for religious services and accommodation, including religious meals requests.

k) Facilitate counseling for detained aliens requesting spiritual, personal or bereavement needs.

• Communication with detainees shall be kept confidential except to prevent a crime or protect the safety and security of the detainees or detention facility.

l) Provide information and points of contact to detainees who seek conversion to a specific faith.

• The Contractor shall not attempt to coerce a detainee to change religious preference.

m) Coordinate special religious holiday worship services, including but not limited to, providing religious items and appropriate/needed/required specialty food items.

n) Encourage detainee participation in programs, provide reports to ICE and analyze detainee participation trends.

o) Provide individual spiritual and personal counseling to detainees and provide comfort and care to detainees facing personal crisis.

p) Make rounds to all housing units, including restrictive housing and medical, in the facility on a regular basis (no less than once per week) and respond to religious needs of detainees.

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

r) Solicit literature donations through religious organizations, nongovernmental charitable organizations, or make purchases outright, but ICE ERO will retain final approval authority prior to the religious literature being made available to the detainees.

s) Suggest that certain religious literature, religious property, and specialty religious foods (if feasible by the facility Food Services) be made available via commissary.

• Final approval will be made by ICE in concert with the facility consistent with the security, order and management of the facility.

3. The Contractor shall coordinate with the COR in advance for any Contractor’s requests of Other Direct Cost (ODC) expenditures.

4. The Contractor must be prepared to procure religious items as necessary. Examples of commonly needed/requested religious items include, but are not limited to:

• Bibles (mainly in Spanish)

• Qurans (mainly in Arabic, Punjabi, and Urdu)

• Prayer rosaries

• Prayer beads

• Personal use seder plates

• Kufis/Yarmulkas/Turbans

• Prayer rugs

• Catholic Saint Cards/Pictures of Santa Maria

b) The Contractor is encouraged to submit bulk or volume discount prices for each item based on the estimated quantities. Quantities may vary up to 200 per location per month, which is a combination of all religious items, or up to 1,200 in total for six locations per month, with the majority of orders being for Christian faith items. Do not include any state or federal taxes in these prices.

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

electronically or physically within the chapel, facility library, or as available through the Contractor’s Religious Services Program. Publications are subject to advanced approval in accordance with facility rules and regulations.

6. Detainee participation in religious offerings is voluntary. The contractor should avoid scheduling religious services or programing during other regularly scheduled activities for detainees, such as headcounts, contraband checks, medical appointments, recreation, etc. However, ERO or the facility administrator should be consulted if scheduling conflicts exist or are likely to occur.

7. If a detainee requests to be married, the Contractor shall follow PBNDS 2011 for marriage requests consistent with the security, order and management of the facility.

8. The Contractor shall immediately notify the COR and AFOD of any media inquiries. The COR and AFOD may instruct the Contractor to refer all media inquiries to the ICE Office of Public Affairs (OPA) or deal with the inquiry directly.

9. The Contractor shall not provide any information to any media source without the prior approval of ICE OPA.

10. The Contractor shall provide a Quality Control Plan (QCP) that addresses measurable operational performance standards and quality program requirements for services rendered under this contract. The Contractor shall incorporate in the QCP a system of reviews and method for updating all policies, plans, and procedures. The Contractor’s QCP shall also include a monthly report by site to the COR.

The report should include a list of worship services/instruction performed, number of detainees in attendance, who led each service/class/event, list of religious meals approved by facility, performance evaluation in compliance with the QCP and PBNDS.

11. The Contractor shall provide an Extended Absence/Backfill Coverage Plan that details the Contractor’s plan in an event of a vacancy in key personnel at any location and the Contractor’s plan to ensure adequate backfill and extended absence coverage for vacant positions in different locations.

12. The Contractor shall provide a Transition-in-Plan that ensures a comprehensive transition plan between the offeror and the incumbent contractor in no more than one month (approximately 30 days) from contract award. The offeror shall detail the current entity capacity to meet task order requirements and how, and in what ways, the offeror may be required to expand their company’s capacity to ensure successful task order performance. The plan shall address, at a minimum:

• Overall strategy for recruitment of adequate and available staff, including expected capture of incumbent staff and supporting rational;

• Members and associated positions of a proposed transition team, including their roles, responsibilities, and a description of their communication plan;

• Training of new and incumbent employees;

• Licenses and Permits obtained prior to performance;

• Insurance obtained prior to performance and in compliance with RFP requirements;

• Ensuring the steps to mitigate the background investigation process;1F

• Schedule of events (does not count against page limit and may be presented as a Gannt chart);

and;

• Reporting to Government of transition progress.

13. The Contractor’s personnel under this contract shall participate in any trainings, presentations, or meetings held by the ICE ERO designated National Religious Services Coordinator, except in situations where attendance causes operational deficiency at facilities.

14. Translation or interpretation for detainees who do not speak English or have communication disability must be provided at worship gatherings or classes. The Contractor may utilize the ICE commercial phone language interpretive or sign language service subject to approval by ICE ERO.

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

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

3.2 Personnel Overview

To successfully complete the scope of work outlined in this Performance Work Statement, contracted staff must possess a comprehensive set of qualifications, experience, and expertise tailored to the unique requirements of this government contract, which includes following governmental travel regulations, and providing religious accommodation and services to a diverse population in a detention setting.

2 The Government understands that the background investigation process is outside the control of the offeror, however the Government expects the offeror to demonstrate a clear understanding of the process, the risks within the process, and have mitigation practices and strategies to ensure successful and timely transition.

The Contractor and all the Contractor’s employees and volunteers, shall have the ability to greet and deal tactfully with detainees; effectively communicate with facility staff and detainees; articulate rules, orders, and instructions; communicate effectively in writing and compose reports. Contractor staff shall demonstrate sound judgment, even temperament and maintain self-control in situations that involve mental stress.

The Contractor’s personnel shall undergo a security clearance at ICE expense prior to assuming any onsite position under this contract.

The Contractor shall provide fully staffed and qualified personnel to manage the contract requirements and provide religious services and accommodations at the six locations. The Contractor shall provide a National Program Manager (NPM) who will oversee operations at all six facilities and will report directly to the Contracting Officer’s Representative (COR). Onsite contracted staff shall report to their organization’s designated manager and the COR and communicate any operational concerns to the COR and the Assistant Field Office Director (AFOD), who is the senior onsite ICE ERO official responsible for the detention facility. The contract requires a (1) National Program Manager (NPM), six (6) LFCs, and five (5) LPMs. The Contractor shall provide at least one

(1) LFC for each of the six sites. The Contractor shall also provide five (5) LPMs, one for each site excluding the NBGB, who shall work with the LFC to accomplish the duties outlined in this PWS.

The Contractor must exhibit understanding of adhering to institutional policies and maintaining compliance with applicable laws and regulations across multiple geographic locations within continental United States (CONUS) and outside continental United States (OCONUS). This includes a thorough understanding of the unique challenges associated with OCONUS operations, such as navigating State Department travel regulations and allowances guidelines, and other federal requirements governing overseas deployments, including with the U.S military. The contractor must be adept at managing the logistical complexities of deploying personnel to remote or austere domestic or foreign environments, ensuring their safety, well-being, and compliance with host nation laws and customs, as applicable. This expertise should also encompass the ability to provide ongoing support to deployed personnel, including housing, transportation, and access to necessary resources, while maintaining alignment with U.S. government policies and standards.

In an event that a LFC or a LPM at a facility is on annual or sick leave or is unavailable for any reason for more than 24-hours, the NPM will either serve as emergency backup, if the NPM qualifies him or herself as a chaplain, or designate another LFC to fill the absent individual’s duties and responsibilities for the duration of the absence.

ICE recognizes and appreciates the opportunity for the Contractor’s LFC and LPM to participate in local congregations, religious organizations, and religious events that are not facility related.

However, for the purpose of proposing personnel on this contract, it is understood that ICE considers the LFC and LPM positions to be full-time positions. If outside activities distract contract personnel from the duties of this contract, ICE reserves the right to exercise deductions to monthly invoices for non-performance and/or request a change in personnel.

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

Contractor is responsible for appointing volunteers, subject to a background check and final approval by ICE. Any decision to provide honoraria, reimburse mileage, or offer other reimbursements is strictly between the Contractor and the volunteer and will not be funded through the contract. The requirement for volunteer program is excluded for NSGB’s location.

3.3 Personnel Requirements

Each LFC and LPM, and the NPM shall be considered “Key Personnel” on this contract. Changes to the contract’s key personnel shall not be made without the express written authorization of the Contracting Officer (CO). The Contractor shall immediately notify the COR and CO of any employee terminations, suspensions, resignations or employee discipline.

The Contractor shall submit resumes of Key Personnel when submitting a proposal to the Government.

The strength of the proposal is directly related to the quality and quantity of proposed resumes of key personnel submitted. In the event that the Contractor must recruit Key Personnel, the Contractor will provide detailed information on the recruitment process and mechanisms to be utilized. Attempting to hire the incumbents’ staff should not be the primary or sole mechanism to recruit Key Personnel.

The Contractor shall make every effort to recruit and replace contract vacancies expeditiously, including but not limited to, offering incentives to fill vacant positions, utilizing existing relationship with volunteers, faith groups to find qualified candidates, and advertising positions using traditional (newspaper, radios, job portals, etc) and non-traditional (social medias, referral, etc.) methods. Once a vacancy is identified, the Contractor shall provide a plan to the COR on the timeline and course of action taken to expeditiously recruit and replace the vacant position.

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

3.3.1 National Program Manager Requirements

The National Program Manager must exhibit a proven ability to manage the financial, logistical, and operational challenges of a United States Government (or at minimum a state) contract. The NPM should have demonstrated knowledge and experience in managing the financial, logistic, and operational challenges of this contract and the unique and specialized needs at the six locations.

The NPM shall visit each of the facilities at least twice a year to ensure compliance with the PWS.

However, the NPM is not required to be in a specific location.

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

The NPM must have demonstrated experience in working in a detention and/or prison setting and have demonstrated experience in working with diverse religious and cultural groups, previous experience with alien populations in the United States, or providing services to migrant populations or refugee populations is beneficial.

3.3.2 Local Facility Chaplain Requirements

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

The LFC will be responsible and accountable for the overall administration, religious leadership, and function of the Religious Services Program at each site. The LFC will serve as the main point of contact for ICE and be accessible via cell phone 24 hours a day/7 day a week. The LFC, or their designee, shall physically arrive at the facility within 120 minutes of a call from ICE in an emergency.

At least one of the chaplain personnel will be from a differing faith than the others with a preference to a religion represented by a large portion of the ICE detainee population. All LFCs should have knowledge and demonstrated experience working with a wide range of faith traditions.

LFCs must have demonstrated experience in working in a detention and/or prison setting and have demonstrated experience in working with diverse religious and cultural groups, previous experience with alien populations in the United States, or providing services to migrant populations or refugee populations is beneficial.

LFCs must have demonstrated knowledge of the beliefs and practices of numerous religions, especially, Judaism, Islam, Hinduism, Rastafarians, and Eastern and Western Orthodox Christian denominations.

The LFCs are required to be bi-lingual in English and Spanish.

3.3.3 Local Program Manager Requirements

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

The LPMs may be a member of the clergy who leads worship services and provides religious instruction. The local Program Manager shall provide logistics support for the Religious Services Program, including coordinating volunteers, directly communicating with detainees, producing monthly reports, and providing overall administrative support to the program.

The LPMs must have demonstrated experience in working in a detention and/or prison setting and have demonstrated experience in working with diverse religious and cultural groups, previous experience with alien populations in the United States, or providing services to migrant populations or refugee populations is beneficial.

The LPMs are required to be bi-lingual in English and Spanish.

3.4 Standards of Conduct

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

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

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

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

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

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

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

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

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

3.5 Removal from Duty

ICE may direct the Contractor to remove any employee who has been disqualified either for security reasons or for being unfit to perform their duties as determined by the COR or the Contracting Officer. A determination to be unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below:

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

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

101-20.3;

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

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

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

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

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

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

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

10. Violations of security policies, procedures or regulations;

11. Recurring tardiness;

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

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

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

15. Repeated failure to comply with visitor procedures;

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

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

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

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

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

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

3.6 Background Checks, Drug Testing, Credentials, and Equipment

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

Prospective contract employees possessing an appropriate Government security clearance may not be required to undergo a Background Investigation, as the clearance issued may be acceptable to ICE.

In such cases, the Contractor shall provide the COR with appropriate information on the individuals’ clearance and the COR will in turn work with OPR on an EOD determination.

All contract employees must be U.S. citizens; and must have resided in the United States of America for three out of the last five years.

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

OPR may reinvestigate a contract employee at any time.

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

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

The Contractor shall post the ICE “Drug Free Workplace Policy” in all contract work areas. ICE will provide Personal Identity Verification Cards (PIV) cards to all contract employees.

The Contractor shall provide all necessary equipment to the chaplains and program support manager to successfully perform the performance work statement of the contract. At the Contractor’s request, ICE may provide government furnished equipment (GFE), including laptops, cell phone, tablets, or other equipment in support of the normal day-to-day duties performed by chaplains and program support staff. The Contractor shall keep details inventory of all equipment provided by ICE and provide a report when requested.

3.7 Training

3.7.1 Training for Contract Staff

ICE will provide facility orientation training to all new contract employees prior to beginning work on this contract. Orientation training will include an overview of the facility and mission of ICE, security issues, PIV card requirements and an overall introduction to the detention facility. Annual Refresher Training thereafter will be scheduled by ICE on a case-by-case-basis. ICE will provide facility orientation training to all new contract employees prior to beginning work on this contract.

Orientation training will include an overview of the facility and mission of ICE, security issues, PIV card requirements and an overall introduction to the detention facility. Annual Refresher Training thereafter will be scheduled by ICE on a case-by-case-basis. Additionally, the Contractor’s personnel may be required to attend specific training related to religious accommodation in ICE detention setting by the ICE ERO designated staff on an ad-hoc or annual basis.

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

3.7.2 Training for Volunteer facilitated by Contract Staff

The Contractor shall provide abbreviated religious training to all volunteers prior to volunteering at the facility. Additionally, the Contractor shall coordinate with ERO facilities’ staff for other required training consistent with facilities’ policies and procedures. Training should occur annually or on a case-by-case-basis.

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

3.8 Monthly Deliverables and Meetings

For content requirements, see table listed within this 3.8 section. The Monthly Report is due by the 5th day of the month to cover the events of the previous month. If the 5th of the month falls in the weekend or holiday, the due date is extended to the next business day. The National Program Manager shall submit the deliverables listed below to the COR.

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

Deliverable Time Frame

Report of Worship Services / Classes Performed / the religious preferences per population of each facility as documented by each chaplain

Monthly on the 5th to the COR

Report of Religious Meals approved or denied/ended.

Monthly on the 5th to the COR

Changes in Religious Materials added or removed in the prior month

Monthly on the 5th to the COR

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

Monthly on the 5th to the COR

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

List of Volunteers and their Participation Status (Pending While Awaiting Security Clearance, Currently Volunteering, Departed on a specified date) at each facility and information on each chaplain’s efforts to recruit volunteers

Monthly on the 5th to the COR.

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

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

COR.

4.0 Performance Measures

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

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

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

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

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

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

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

7. Detainees in Special Housing Units and medical units (onsite only) shall have regular access to religious programs and services.

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

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

10. If there is any conflict between this PWS and the 2011 ICE PBNDS (revised December 2016), the ICE PBNDS shall prevail, and the conflict shall be brought to the attention of the COR and CO.

5.0 Places of Performance

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

Batavia, NY. (Batavia Federal Detention Facility, 4250 Federal Drive, Batavia, NY. 14020) – Maximum Population of 686

Miami, FL. (Krome Service Processing Center, 18201 SW 12th Street, Miami, FL. 33194) – Maximum Population of 1,127

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

El Paso, TX. (El Paso Service Processing Center, 8915 Montana Avenue, El Paso, TX. 79925) – Maximum Population of 1,044

Florence, AZ. (Florence Service Processing Center, 3250 N. Pinal Parkway, Florence, AZ. 85132) – Maximum Population of 615

Cuba. Naval Station Guantanamo Bay - Maximum Population of Undetermined.

6.0 Other Direct Cost

6.1. Other Direct Cost - Religious Item

All contractor requests for Other Direct Costs (ODC) expenditure shall be coordinated with the

COR.

6.2. Other Direct Cost - Travel

All contractor travel shall be approved in advance by the ERO Religious Service Contracting Officer’s Representative (COR). Travel expenses shall be reimbursed consistent with Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, and the substantive provisions of the Federal Travel Regulation (FTR), as applicable, and consistent with the not-to-exceed (NTE) amount specified for this contract line item (CLIN). Travel shall be in accordance with GSA approved rates – i.e. Per Diem. The FTR may be located and downloaded from https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr. The Contractor shall submit requests for travel to the COR 10 business days in advance of the travel. Requests must identify:

• The name of the traveler

• Destination (s) including itinerary

• Purpose of the travel

• Estimated Cost breakdown

The Contractor shall not be reimbursed for travel expenses to the ICE detention centers within the continental of the United States. The travel expenses apply only to travels outside of the United States.

https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr

7.0 Period of Performance

The anticipated total period of performance for the contract is one (1) 30-day transition period, (1) 12-month base period and four (4) 12-months option periods.

8.0 Quality Assurance Surveillance Plan (QASP)

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

Each month the Contractor’s performance will be compared to the contract standards using the Performance Requirements Summary (PRS), included as Attachment 1B to the PWS. If performance of a required service is unsatisfactory and the unsatisfactory performance is clearly the fault of the Contractor, an amount of money up to the maximum payment percentage stated in the PRS may be deducted from the monthly invoice.

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

SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in this contract requires that the Contractor, subcontractor(s), vendor(s), etc.

(herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

POSITION DESIGNATION

IAW Title 5, CFR part 731, dated December 18, 2024, and 5 CFR 1400. Agencies are required to designate position risk and sensitivity level for all contractor employees to determine the commensurate level of background investigation. The public trust risk of a position is the assessment of the degree of potential damage to the efficiency or integrity of the service that could arise from misconduct by the incumbent in the position.

Therefore, once the contract is awarded and before the vendor starts submitting personnel for security vetting, the Contractor will provide, through the Contracting Officer’s Representatives (CORs) a list of all positions, to include titles and specific description of the duties for each of positions assigned to support the contract.

PRELIMINARY FITNESS DETERMINATION

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