Performance Work Statement Detention Services (IHSC-staffed Facility)

June 2026

1. Objective

2. Background and Mission

3. Scope of Work

4. Detention Site Standards and Accreditations

5. Facility Inspection Schedule

6. Spatial Requirements

7. Physical Plant

8. Business Permits and Licenses

9. ICE Administrative Space

10. Environmental Health

11. Sanitation and Hygienic Living Conditions

12. Maintain Institutional Emergency Readiness

13. Armed Transportation Services

14. On-call Guard Services

15. Virtual Attorney Visitation Capability and Operation

16. Notice to Proceed

17. Federal Facility Security and Control

18. Alien Rights

19. Unauthorized Access

20. Direct Supervision of Aliens

21. Video Surveillance

22. Mail Processing

23. Detention Management System

24. Logbooks

25. Reports

26. Daily Inspections

27. Deviation from Prescribed Schedule Assignments

28. Suicide Prevention

29. Escapes

30. Evacuation Plan

31. Injury, Illness, and Reports

32. Food Service

33. Health Services

34. Manage a Detainee Death

35. Employee Health

36. O&M Task

37. General Cyber Security Contract Requirements ............................ Error! Bookmark not defined.

38. DHS FAR Class Deviation 17-03 – Revision 1 ............................. Error! Bookmark not defined.

39. Cloud Services Contract Requirements ......................................... Error! Bookmark not defined.

40. Encryption Compliance ................................................................. Error! Bookmark not defined.

41. Detention Services

42. Detention Facility ERO Case Processing Specialists

43. Robotics Process Automation (RPA) Contract Requirement

44. Notification and Public Disclosures

45. Records, Visits, and Disclaimers

46. ICE/ERO Control Over Facility Access

47. Federal Judiciary

48. Quality Control Plan (QCP)

49. Quality Assurance Surveillance Plan (QASP)

50. Contractor’s Failure to Perform Required Services

51. Performance Evaluation Meetings

52. Organizational Chart

53. Personnel and Staffing

54. Health and Medical Care Policies

55. Hospitalization of Aliens

56. Federal Facility Requirements for Infectious Disease Screening

57. Airborne Precautions

58. Required Administration and Management Services

59. Property Accountability

60. Firearms/Body Armor

61. Personnel Background Security Requirements ............................... Error! Bookmark not defined.

62. Security Management ..................................................................... Error! Bookmark not defined.

63. Data Ownership Contract Requirements

64. Transition

65. Deliverables

66. Glossary

1. Objective The objective of this contract is to obtain comprehensive detention, transportation, food services, and operations and maintenance (O&M) services for U.S. Immigration and Customs Enforcement (ICE) detainees in ICE Enforcement and Removal Operations (ERO) custody as detailed below and as described within this document. The Contractor shall furnish the federal facility and provide all services inclusive of a trained and qualified management staff, supervision, manpower, relief officers, uniforms, equipment, vehicles, and supplies (which includes firearms, ammunition, body restraints, non-lethal devices, body armor, radios, and cellular telephones) to provide support seven (7) days per week, twenty-four (24) hours per day. In this document, “facility” and “federal facility” are used interchangeably.

2. Background and Mission ICE is responsible for the detention, health, welfare, transportation, and deportation of aliens in removal proceedings, and those subject to a final order of removal from the United States.

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 U.S. 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 aliens who are designated in removal proceedings and for arranging for the detention of aliens when such becomes necessary and prescribed by law.

3. Scope of Work The contractor shall provide safe and secure conditions of confinement based on the individual characteristics of a diverse population, including threat to the community, risk of flight, type and status of immigration proceeding, community ties, medical and behavioral health issues. The federal detention facility shall provide easy access to legal services; abundant natural light throughout the federal detention facility; ample indoor and outdoor recreation shall be offered at a reasonable time of day. Weather permitting, each detainee shall have access for at least one hour per day, five days per week, that allows for vigorous aerobic exercise with extended hours of availability. The contractor shall also provide private showers and restrooms (where practicable); cafeteria style meal service or satellite feeding; institutional detainee clothing; contact and non-contact visitation in accordance with NDS 2026; 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 (including computers with limited web access to accommodate the ICE provided online law library via the ICE Portal); and enhanced programming, including religious services and social programs and dedicated space for religious services.

In addition to comprehensive detention services, the Contractor shall provide comprehensive operations and maintenance (O&M) services including ongoing preventive and corrective maintenance, facility operations, post-closing services, and compliance with safety, environmental, medical, IT/communications, accessibility, pest control, and security requirements. All work shall be performed in accordance with the applicable ICE detention standards, applicable codes, and regulatory requirements.

mailto:PSD-Industrial-Security@ice.dhs.gov

See Addendum - Facility-Specific Requirements – which covers additional requirements including the applicable ICE detention standards and administrative space requirements for ICE and other agencies.

4. Detention Site Standards and Accreditations Detention services shall be performed in accordance with the most current version of the applicable ICE detention standards listed in the Addendum – Facility-Specific Requirements. ICE detention standards can be found at https://www.ice.gov/detain/detention-management. In addition to conforming with the requirements of the applicable ICE detention standards, the Contractor shall also ensure the facility conforms with the Architectural Barriers Act of 1968, as amended, Section 504 of the Rehabilitation Act of 1973, and the March 7, 2014, Department of Homeland Security (DHS) regulation under the Prison Rape Elimination Act of 2003 (PREA; P.L. 108-79), Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (DHS PREA Standards) available at https://www.gpo.gov/fdsys/pkg/FR-2014-03-07/pdf/2014-04675.pdf. The contractor shall be responsible for obtaining and maintaining American Correctional Association (ACA) Adult Local Detention Facilities (ALDF) accreditation. Conformance with the ACA ALDF Standards is required on the first day of contract performance and accreditation shall be obtained within seven

(7) months of the contract award. If the federal facility is already accredited, reaccreditation shall occur as required by ACA.

The federal facility shall meet, at a minimum, all ACA ALDF requirements and all requirements of the applicable ICE detention standards.

The Contractor shall furnish all personnel, management, equipment, supplies, training, certification, accreditation, and services necessary for the 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. Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred in providing the services specified in this contract.

The Contractor shall provide fully operational radios assigned to each detention officer (including relief officers).

The contractor will maintain a serviceable, in stock, backup quantity of radios that are adequate for all staff and enough to cover backup staff and/or repairs and downtime.

The Contractor will provide for the secure custody, care, and safekeeping of aliens in accordance with the federal laws, standards, policies, procedures for firearms requirements, or court orders applicable to the operations of the federal facility.

The contractor shall enforce disciplinary actions against any alien who is not in compliance with the rules and procedures of the federal facility in accordance with the applicable ICE detention standards and applicable ICE policy.

The federal facility shall include a special management unit(s) for administrative and discipline segregation.

https://www.cdc.gov/tb/ http://www.dhs.gov/dhs-security-and-training-requirements-contractors

If any conflicts between federal, state, or local laws or rules arise, the federal rules shall be followed.

Nothing in this performance work statement, is intended to, or shall be construed to be, a waiver of federal supremacy or the immunity of the Government or its contractor. Otherwise, applicable or more stringent state or local laws or regulations shall not apply to the performance under this contract when they would directly or indirectly regulate, dictate, or control the contractor’s performance under these standards.

In the event a lawsuit is filed against the contractor, in which any claim or allegation contests the legality or propriety of the contractor’s performance of its obligations under the agreement or a lawsuit is filed as a result of an alleged administrative error, omission, or intentional act of the Federal Government, ICE, if it determines the contractor abided by the terms of this Agreement during the activity alleged in such lawsuit, will promptly request, and use reasonable efforts to endorse, and recommend that the United States Department of Justice (DOJ), as appropriate, should, but is not limited to, move to either have the contractor dismissed from such suit; have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. ICE will request, endorse, and use reasonable efforts to recommend that DOJ assume responsibility for the defense of any lawsuit described above. The parties acknowledge DOJ assuming responsibility for the defense of any lawsuit arising from the contractor’s performance under this agreement is solely at the discretion of DOJ and nothing in this agreement limits the discretion of DOJ on any litigation matters. The parties further acknowledge that nothing in this Agreement provides that the contractor or its employees acting under this Agreement are employees of the Government for wrongful acts or omissions committed by the contractor or its employees. Consistent with federal law including statutes of limitations, the Defense of Suit as outlined in this paragraph will apply even after the contract concludes, in cases where a lawsuit is filed against the contractor for services performed under this contract.

No ICE official other than the CO has the authority to modify the stated terms of the contract or approve any action that would result in additional charges to the government beyond what is stated in the contract line-item number schedule. The Contracting Officer (CO) shall make all modifications in writing.

The contractor does not have a right of refusal and shall take all referrals from ICE. Exceptions may be allowed as determined by the COR or ICE designated official. For example: any alien found to have a medical condition that requires medical care beyond the scope of the contractor’s health care provider.

In the case of an alien already at the federal facility, the contractor shall notify the ICE designee and COR and request transfer of the alien from the federal facility. The contractor shall permit ICE reasonable time to make alternative arrangements for the alien.

DHS, ICE, federal entities, and ICE-approved third-party inspectors (e.g., contracted support for conducting inspections) will conduct scheduled and unscheduled audits and inspections of performance to ensure contract compliance. Approved inspectors shall always have full access to the federal facility and in all areas of performance. The contractor shall provide full and complete cooperation for all requests related to detention oversight or investigation conducted by the government or approved third-party inspectors on behalf of the government.

Aliens are classified as High, Medium-High, Medium-Low or Low-Risk. Upon discovery that an alien 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 will not house any non-ICE population at the federal facility without the express prior written approval of the CO.

ICE will review and approve all design documents and maintain approval of final inspection of the federal facility before occupancy.

Should a change in the applicable standards and laws identified in this contract result in a documentable financial impact on the contractor, the contractor must notify the CO within 30 calendar days of receipt of the change and both contractor and Government will negotiate best course of action, either 1) a waiver to the Standards or, 2) to negotiate a prospective change in the bed day or other rates. Please note, any change in compensation rate will be prospective, beginning on the date the change is effective.

5. Facility Inspection Schedule For safety, security, and sanitation purposes, an inspection of housing areas shall be conducted by a supervisor at a minimum of once per shift. The inspection shall be logged into the security logbook and available for review by the COR and/or ICE official. All locks, windows, walls, floors, ventilators, covers, access panels, and doors shall be checked daily for operational wear and tampering. The Contractor shall take immediate action to repair all defective equipment.

The federal facility shall be subject to periodic and random inspections by the COR, an ICE official, or other federal government officials to ensure compliance with ICE Standards.

6. Spatial Requirements

The Contractor shall provide for ICE processing/holding space operated in accordance with ICE policy 11087.2 Operations of ERO Holding Facilities: located at https://icegov.sharepoint.com/sites/inSight-ero/policy/SitePages/Policy%20Statements/11087-2.aspx.

7. Physical Plant

The federal facility operation and maintenance shall ensure that aliens are housed in a safe, secure, and humane manner. All equipment, supplies, and services shall be Contractor-furnished and in operating condition, except as otherwise noted.

The federal facility, whether expansion or an existing physical plant, shall be operated, and maintained in accordance with all applicable federal laws, regulations, codes, guidelines, and policies.

The federal facility shall provide housing configurations commensurate with the security needs of the population.

The federal facility, whether expansion or existing physical plant, shall comply with the building code under which it was permitted at the time of original construction. Any expansion or renovation of the federal facility shall be subject to the existing and applicable building codes at the time of the mailto:PSD-CEP-REPORTING@ice.dhs.gov expansion or renovation.

The federal facility, whether expansion or existing physical plant, shall comply with the requirements in effect at the time of the original federal facility construction of the Architectural Barriers Act of 1968 as amended and the Rehabilitation Act of 1973 as amended. The standards for federal facility accessibility by physically handicapped persons as set forth in “Uniform Federal Accessibility Standards/Fed Std. - 795 4/01/88 Edition” (UFAS) shall apply. All areas of the buildings and site shall meet these requirements.

A safety program shall be maintained in compliance with all applicable Federal laws, statutes, regulations, and codes. The Contractor shall comply with the requirements of the OSHA and all codes and regulations associated with 29 CFR §§ 1910 and 1926 with respect to the Contractor’s employees.

Fire alarm systems and equipment – all fire detection, communication, alarm, annunciation, suppression, and related equipment shall be operated, inspected, maintained, and tested in accordance with the edition of the applicable national electrical code and life safety codes under which the federal facility was permitted at the time of original construction. Any changes to the fire alarm systems or equipment shall be subject to the existing and applicable codes at the time of the changes.

The Contractor will provide exterior outdoor lighting, which is enough to illuminate the entire facility federal facility and secure perimeter, subject to ICE’s visual inspection and approval.

Promptly after the occurrence of any physical damage to the federal facility (including disturbances), the Contractor will report such damage to the COR and ICE official. It shall be the responsibility of the Contractor to repair such damage, to rebuild or restore the institution.

Government staff will be on-site to monitor contract performance and manage other government interests associated with the operation of the federal facility. Government staff will have full access to all areas of the federal facility. Contractor access to the government required space must be pre-approved by the COR. In case of emergency the Contractor shall notify the COR promptly.

8. Business Permits and Licenses Throughout the term of this contract, the contactor shall maintain current permits/business licenses and make copies available for Government inspection. The contractor shall comply with all applicable federal laws and all applicable Occupational Safety and Health Administration (OSHA) standards.

ICE/IHSC will review and approve all design documents and conduct final inspections of the federal facility before occupancy. The Contractor should also review Attachment – EOIR Design Standards, and Attachment – Contract Detention Federal Facility Design Standards, and Structured Cable Plant Standard and comply as applicable. The Contractor should also review ICE Health Services Design Standards for all administrative and medical space requirements.

9. ICE Administrative Space All office, administrative, support, and multiple use space shall be complete with appropriate electrical, communication, and phone/fax/VTC connections. VTC connections will use a primary rate interface T1 connection, at a minimum.

All ICE/IHSC administrative, support, and multiple use spaces shall be clean, free from mold, climate controlled, with Heating, Ventilation, and Air Conditioning (HVAC) thermostat located outside a private office (within open space) controlling no more than 1,500 square feet. The ICE administrative space shall be separate from, but accessible to, housing units and the centralized visiting area. The ICE administrative space shall be secure and inaccessible to Contractor staff, except when specific permission is granted by on-site ICE staff. The Contractor shall be responsible for all maintenance, security, and janitorial costs associated with the ICE administrative space, to include painting the walls and replacing the carpeting every five years. Every other year, the carpet should be cleaned at least once per year or at the direction of the COR and touch-up painting should be done as needed. All ICE administrative and support space shall be cleaned daily (between the hours of 8 a.m. and 4 p.m.) by government cleared Contractor janitorial staff. The Contractor is responsible for coordinating clearance activities for their janitorial staff with the government and for costs associated with clearance.

Cleaning services to be performed every day include but are not limited to dusting all surfaces within the open spaces and offices upon request, emptying all trashcans and replacing liners, vacuuming all carpeting, and sweeping and mopping all floors that are not carpeted, cleaning and disinfecting all common touch items such as door handles, countertops, sinks, toilets, and tables.

Stairwells are to be cleaned weekly to include sweeping, mopping, and cleaning the railings.

10. Additional Requirements for ICE Administrative Office Space All furniture and case goods will be furnished by the Contractor, throughout the length of the contract, and be in good working order with no damage. Any systems furniture, such as cubicles, shall be electrically hardwired to the building electrical support by the Contractor, and have bottom raceways for data and telecommunications. The systems furniture must have knockouts within the bottom raceways as well as numerous grommets within the work surface. The systems furniture must have some universal requirements for a workspace to include a desk, chair, desk storage, overhead storage (with locking flipper doors) and lighting capacity under the overhead storage. All chairs are to be replaced every 2-3 years or as needed based on condition. All other case goods should be replaced every 5-7 years or as needed. Cubicles will be standard size with a minimum of 64 usable square feet, unless otherwise authorized by the COR. The government will provide and install IT equipment for government office spaces. The Contractor is responsible for providing phone/fax/Internet/VTC services and responsible for the costs for such services.

ICE will provide and install IT equipment in office spaces for ICE/IHSC personnel only, including CPUs, screens, printers, fax machines, and copiers.

11. Office of the Principal Legal Advisor (OPLA) Space OPLA Space Requirements: OPLA Support Space must be provided per the ICE/OPLA Design Standards. Refer to the ICE/OPLA Design Standards for specific office and workstation number and sizes as well as specific furnishing and utility requirements to meet ICE’s mandated bed capacity for the subject facility. All furniture and case goods shall be furnished by the contractor, throughout the life of the contract, in accordance with ICE/OPLA Design Standards. A separate entrance for OPLA staff is requested with access to the parking lot, which must be ADA compliant.

OPLA space shall be contiguous.

12. U.S. Citizenship and Immigration Services (USCIS) Space See facility-specific addendum for space requirements. Offices must provide complete privacy (i.e.

sound proofing) for asylum officers to conduct interviews.

13. Executive Office for Immigration Review (EOIR) Space Refer to ICE/EOIR design standards for specific office and workstation sizes and specific furnishing requirements based on the number of beds at the facility. All furniture shall be furnished by the Contractor in accordance with ICE/EOIR design standards. EOIR Support Space must be provided per the ICE/EOIR Design Standards. EOIR space shall be contiguous.

A separate, Americans with Disabilities Act (ADA) compliant, entrance for judges and staff is required with complete security system and access to parking lot.

For further EOIR space requirements, please see US Department of Homeland Security, US Immigration and Customs Enforcement, Office of Enforcement and Removal Operations, Contract Detention Federal facility and Intergovernmental Service Agreement, Design Standards for Executive Office for Immigration Review, Jun 2011

For further ICE and OPLA space requirements, please see Contract Detention Facility (CDF) Design Standards for Immigration and Customs Enforcement (ICE), May 14, 2007; addendums:

ICE Cabling Standards; Phone Specifications.

14. Parking Spaces at the Contracted Detention Federal Facility The Contractor shall provide hard surface (concrete or asphalt) parking for all ICE/IHSC employees and visitors at no additional cost. The Contractor must provide ICE/IHSC employee parking on a secure surface (concrete or asphalt) striped parking lot. The ICE/IHSC employee parking area shall be well lit, shall have privacy mesh on the fencing, and shall drain well. The ICE/IHSC employee parking spaces shall be striped and have reserved spaces, all spaces shall be painted at least once per year and as directed by the COR or designated ICE official. The ICE /IHSC employee parking lot shall have an automated entrance and exit gate, operated by the Contractor-provided building access badge system.

The Contractor shall provide an on-site hard surface (concrete or asphalt) parking lot for visitors.

Street parking for ICE visitors is not acceptable.

See facility-specific addendum for space requirements.

15. Environmental Health The Contractor collaborates with the IHSC Health Service Administrator to implement all general housekeeping, environmental cleaning, and disinfection in areas where medical, dental, mental and behavioral health, and intake medical screening services are provided. This includes routine and terminal cleaning of medical housing and medical isolation units. The Contractor submits the implementation plan to the ICE COR.

16. Sanitation and Hygienic Living Conditions The Contractor shall comply with the requirements of the OSHA and all codes and regulations associated with 29 CFR 1910 and 1926. The Contractor shall comply with all applicable ICE standards and policies, federal laws, statutes, regulations, and codes.

17. Maintain Institutional Emergency Readiness The Contractor shall submit an institutional emergency plan that will be operational prior to the end of the transition period, in accordance with the Environmental Health and Safety standard of the applicable ICE detention standards. The emergency plan shall include provisions for two or more disturbance control teams consisting of at least 12 people on each team. The Contractor shall provide protective clothing and equipment for each team member and 20 percent of all additional federal facility detention officers shall be maintained in a secure location outside the perimeter of the federal facility. The plan shall receive the concurrence of the COR prior to implementation and shall not be modified without the further written concurrence of the CO.

The contractor shall contact appropriate state and local authorities to make requests for assistance in the event of any emergency incident that would adversely affect the community.

The contractor shall notify ICE if state and/or local authorities decline to assist during an emergency.

Any decision by ICE or other federal agencies to provide and/or direct emergency assistance will be at the discretion of the government. The Contractor shall reimburse the government for all expenses incurred in providing such assistance.

The Contractor shall submit to the COR a proposed inventory of intervention equipment (e.g., weapons, munitions, chemical agents) intended for use during the performance of this contract.

The COR, prior to the end of the transition period, shall provide a concurrence of the intervention equipment. The approved intervention equipment inventory shall not be modified without prior written concurrence of the CO.

18. Armed Transportation Services 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 ICE Designated Service Official, including the transportation of detainees to various appointments.

Regular transportation to key sites shall be provided as necessary and additional transportation requirements as requested by the COR or ICE Designated Service Official. When transportation staff are not providing transportation services, the contactor shall assign the employees to supplement security duties, or other activities as approved by the COR. However, the primary function of these staff is transportation. Duties performed by these officers shall not incur any additional expenses to the Government.

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. The number of two-person transportation teams shall be determined by the COR. When transporting detainees of the opposite sex, assigned transportation staff shall call in their time of departure and odometer reading; and then do so again upon arrival at their destination. A single transportation staff member may transport a single alien only in emergency situations, and only when that transportation member is of the same sex as the alien. Further, if there is an expectation that a pat search will occur during transport, an assigned transportation staff member of the same sex as the detainee(s) must be present to conduct the pat search.

The COR may direct the contractor to transport detainees to any specified location within approximately 250 miles, as required by the contract. Vehicles and transportation officers must meet applicable state and federal DOT and firearm laws. Locations outside the 250-mile radius require advance written approval from the COR, in accordance with the contract requirements.

When the COR or ICE Designated Service 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.

The contractor shall comply with all federal and state laws regarding inspections, licensing, and registration for all vehicles used for transportation. The contractor shall provide fully operational radios to each contract staff (including relief staff). The contractor shall maintain a serviceable, in stock, back-up quantity of radios that are adequate for all staff and enough to cover backup staff and/or repairs and downtime. Additionally, the contractor will have staff to monitor the radio traffic in real time and take appropriate action when needed.

The contractor shall transport a detainee to the hospital in an urgent medical situation and for medical appointments. Contract staff shall keep the detainee under constant supervision 24 hours per day until the detainee is released from the hospital or at the end of a medical appointment.

The contractor shall transport the detainee back to the detention facility upon release.

ICE anticipates normal transportation requirements other than hospital visits and local needs. In addition to unspecified or miscellaneous locations, the facility must support transportation to and from locations as directed by ICE COR or ICE Designated Service Official. Transportation requirements will include facility transfers and movement of detainees to the flight line.

The contractor shall furnish suitable vehicles in good condition, approved by the government and in accordance with the most current version of the applicable ICE detention standards, or any modified version published by ICE. The contractor shall provide parking spaces at the facility for the transportation vehicles.

The contractor is not restricted from acquiring additional vehicles as deemed necessary;

however, the acquisition of additional vehicles by the contractor shall be at no cost to the government. The contractor shall not allow employees to use their privately-owned vehicles to transport aliens. The contractor shall furnish vehicles equipped with interior security features in accordance with the most current version of the applicable ICE detention standards, or any modified version published by ICE. Vehicles furnished by the contractor shall be equipped with 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 aliens from transportation officers. The contractor shall provide the interior security specification of the vehicles to ICE for review and approval prior to installation or utilization.

For vehicles with a capacity of 15 passengers (including the driver), or more, the driver shall operate the vehicle in accordance with the Commercial Drivers’ License (CDL) manual or the highest prevailing standard and must always maintain complete control of the vehicle, obeying all posted traffic signs (including speed limits) and exercising extreme caution, reduced speed, and common sense when negotiating a steep grade or driving in inclement weather or hazardous road conditions.

Personnel provided for transportation services shall be of the same qualifications, receive the same training, complete the same background checks, and wear the same uniforms as other contractor detention officer personnel. Transportation officers shall have the requisite state licenses for commercial drivers with the proper endorsement limited to vehicles with automatic transmission and meet the federal and state licensing requirements.

All transportation detention officers shall be armed. Accordingly, all armed personnel must meet applicable Federal, State, and local firearm laws for every destination requested by ICE.

The contractor shall supply and maintain restraint equipment, in accordance with the applicable ICE detention standard on Transportation by Land. ICE personnel reserve the right to approve such restraint equipment, as well as the right to inspect such equipment.

Contractor tour of duties will comply with all applicable laws and ICE standards including, but is not limited to, the Federal Motor Carrier Safety Administration, CFR 395.5 - Maximum driving time and maximum on duty time for passenger-carrying vehicles (Hours of Service for Motor Carriers of Passengers | FMCSA (dot.gov)). Overnight lodging resulting from transportation services shall be approved in advance by the COR or ICE Designated Service Official; overnight lodging expenses shall be billed at rates not to exceed the applicable General Services Administration (GSA) per diem rates. Transportation shall be accomplished in the most economic manner and in accordance with the applicable GSA per diem rates. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by the COR or will not be reimbursed

The transport of detainees to and from various destinations by the contractor shall be performed by the most economical and direct means, using traditional highways while being cognizant of local traffic conditions. Estimated anticipated routes and/or mileage will be provided to the COR for this requirement. Routes are for informational purposes only and do not in any means dictate future routes or frequencies. Refer to CLIN structure for tracking mileage. Mileage to and from vendor’s depot will not be invoiced or reportable.

The contractor shall establish a fully operational communication system compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. The contractor shall provide a secondary form of communication in the event the primary form of communication becomes inoperable while in transit.

The transporting of aliens shall not be limited to any specific classification level and may potentially include juveniles and family units as part of support provided to local ICE field offices.

The contractor shall submit a monthly report to ICE Transport Analysis & Support (TRPAS) to include, at a minimum, the information required for every trip as indicated in the G-391 and a copy of the COR monthly report above. See Deliverables section. The G-391 Excel Upload Template and accompanying report will be emailed directly to the TRPAS office with a copy to the COR monthly within 5 business days post invoice acceptance by the COR for transportation services. The Government reserves the right to update the G-391 Upload Template or to provide updated means of uploading transportation data to fix issues, expand capabilities, and improve performance of the worksheet.

If ICE authorizes the contractor to use government furnished vehicles, the following requirements apply to this contract.

a. ICE will provide the contractor with government vehicles and government fleet cards (for the purchase of fuel) for the purpose of transporting aliens to and from ICE designated facilities, or alternative transportation sites. The vehicles assigned for this purpose will remain the property of the government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered by the government’s Fleet Management Program.

b. The contractor agrees to be responsible for reimbursing ICE for any damage sustained by the vehicles because of any act or omission on the part of the contractor, its employees and or persons acting on behalf of the contractor. The contractor shall be responsible for promptly reporting any accidents or damage to the government vehicles in accordance with any ICE policies that pertain to reporting such damage. The contractor agrees to fully cooperate and assist ICE in making any claims against a third party at fault for causing the property damage to the government vehicles.

In addition, the contractor agrees to hold harmless, indemnify, and assume financial responsibility for any claims or litigations filed by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the contractor, agents, or other persons acting on behalf of the contractor. The contractor agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the contractor employees or agents, the contractor agrees to reimburse ICE for said settlement or adverse judgment.

d. For ICE to maintain accurate fleet records of the transportation services, the contractor shall complete specific documentation that will be provided by ICE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used.

e. The COR will provide forms to the contractor to request and authorize routine maintenance of vehicles.

f. The contractor shall be responsible for any costs or expenses associated with the return of the vehicles, to include towing charges, title replacement fees, or licensing expenses made necessary by the loss of any paperwork associated with the vehicles.

At least one vehicle used to transport detainees must be ADA equipped to safely and humanely transport detainees with disabilities.

The transporting officers shall comply with all local, State and Federal motor vehicle regulations (including DOT, Interstate Commerce Commission, and Environmental Protection Agency), including, but not limited to:

• Wearing a seat belt when the vehicle is moving;

• Holding a valid CDL;

• Inspecting the vehicle, using a government-approved checklist and noting any defect that could render the vehicle unsafe or inoperable;

• Transporting detainees in a safe and humane manner;

• Verifying individual identities and checking documentation when transferring or receiving detainees;

• Driving defensively, taking care to protect the vehicle and occupants; and immediately reporting damage or accidents;

• Driving under the influence of drugs or alcohol is prohibited.

• Alcohol may NOT be consumed eight (8) hours immediately before any shift;

• Maximum driving time (time on the road) is governed by USDOT.

The transportation requirements included in this contract are subject to change at any time based on changes in operational tempo, strategic priorities, or other factors. The Government will make an effort to provide as much advance notice as possible to the contractor regarding changes in transportation requirements, but the Government reserves the right to increase, decrease, or otherwise adjust the required transportation scope as mission needs dictate. If transportation requirements change to the degree that necessitates adjustments to transportation scope and/or contract structure, the contractor will be provided sufficient time to provide an updated price proposal.

19. On-call Guard Services The Contractor shall provide on-call guard services as requested by the COR and/or ICE designated official and shall include, but is not limited to, escorting and guarding detainees to medical or doctor appointments; hearings; ICE interviews; and any other remote location requested by the COR and designated ICE official. The Contractor shall provide sufficient staff to escort detainees within the facility for routine appointments. Qualified guard personnel employed by the Contractor under their policies, procedures, and practices will perform such services. The Contractor agrees to 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 and designated ICE official or in an emergency, the Contractor shall provide an officer to safeguard the detainee(s) at a medical federal 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.

The numbers and frequency of these services shall vary, but to the extent possible, the COR and ICE designated officials shall notify the Contractor 48 hours in advance of such need and four hours of a schedule for the remote post to be manned. One guard shall be authorized for such a post unless the COR specifies additional guards are required. For safeguarding of detainees at secured community Long Term Care and Inpatient Behavioral Health Facilities, one unarmed guard shall be authorized for such posts unless COR specifies additional guards are required

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 COR and

ICE Supervisor when operationally necessary.

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

d) COR shall follow Contract requirements 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.

20. Virtual Attorney Visitation Capability and Operation

a. Space and Technical Requirements:

Virtual attorney visitation is a facility protocol that allows attorneys (or legal representatives) to contact the facility and schedule VTC visitation with their alien client(s) at least 24 hours in advance of the desired teleconference (at no cost to the attorney or alien).

The facility plant layout and design will accommodate virtual attorney visitation with a ratio of one booth per 100 detainees. The utilized space/room/booths must be private, allowing for confidential attorney-client conversations, and be equipped with video teleconference equipment and/or tablet(s) permitting both visual and audio communications. Phone booths should be soundproofed to at least the 30-35 decibel (dB) level to keep VAV conversations private.

The room/booths must also have a windowed door or other mechanism that allows observation.

b. Operational Requirements:

While the designated space and equipment can be utilized for other purposes, it is expected that virtual attorney visitation will be made available for at least eight (8) hours each day on weekdays and four (4) hours per day on weekends and holidays. See Attachment – Virtual Attorney Visitation -- for all related requirements.

c. Virtual Court Hearings Capability When not being utilized for legal visitation, the contractor shall also use the virtual attorney visitation rooms/booths to facilitate virtual asylum interviews, credible fear interviews, forensic competency evaluations, and/or DOJ EOIR Immigration Judge hearings (i.e., these rooms/booths should be set up to serve these multiple functions). If VAV rooms/booths are to supplement as additional court spaces, they must be in areas that can accommodate different sexes and/or classification levels. VAV court rooms/booths, accommodating up to 1 detained alien, may make up to half of the required court space with a ratio of one court space per one hundred and fifty (150) detainees. See 9.4 - Executive Office for Immigration Review (EOIR) Space and the facility-specific requirements addendum.

21. Notice to Proceed It is essential that the Contractor is fully prepared to accept responsibility for performing the requirements of the contract. Therefore, ICE may perform required assessments to ensure contract compliance prior to issuance of the Notice to Proceed (NTP). If ICE determines that the Contractor can accept detainees, the NTP will be issued by the Contracting Officer. The Contractor shall be prepared to begin performance and accept detainees immediately upon issuance of the NTP. Performance may begin with staged capacity or open with full capacity, as stated in the NTP. Performance includes, but is not limited to, preliminary fitness determination and training documentation for an adequate number of federal facility staff. Preliminary fitness determinations may take up to 30 days on average to be adjudicated and depend upon the federal facility providing proper initiation documentation and individuals completing the required application and fingerprints once initiated. If proper initiation documentation and fingerprints are not completed and returned timely, the applicant will be discontinued and will have to start the process again to be considered.

The Contractor shall submit in writing a Quality Control Plan (QCP) and all other plans, policies, and procedures, including those identified in the applicable ICE detention standards and ACA standards to the COR for review and concurrence prior to issuance of the NTP. Once written concurrence has been granted by the COR, these plans, policies, and procedures shall not be modified without the prior written approval of the COR. The Contractor’s operational and/or corporate policies that do not impact on ICE operations (i.e. policies on employee sick days, vacation days, etc.) do not have to be reviewed or approved by ICE.

22. Federal Facility Security and Control Security and Control (General) The Contractor shall maintain a copy of federal facility post orders for employee review within the areas of assignment and shall initiate responses to any incidents as outlined in the post orders.

Contractor employees shall write reports of incidents as outlined in the post orders.

The Contractor will operate and control all designated points of ingress and egress on the site, such as housing units, courtrooms, medical facilities, and hold rooms. The Contractor shall inspect all packages in accordance with ICE procedures. The Contractor shall comply with ICE security plans.

The Contractor shall adhere to local operating procedures within each federal facility.

The Contractor shall provide, install, and maintain a building access control system in all ICE and/or DOJ administrative space. The Contractor shall provide the government with administrative access and oversight role for system. The Contractor shall comply with ICE security plans.

23. Alien Rights The Contractor will supervise, observe, and protect aliens from sexual abuse, discrimination, corporal punishment, personal injury, property damage, harassment, or violation of aliens’ civil rights. The Contractor shall have a zero-tolerance policy for incidents of sexual abuse or assault.

Aliens have the right to be free from discrimination for any reason, including race, religion, national origin, sex, sexual orientation, sexual presentation, expression, or perception thereof, physical ability, mental ability, or political beliefs.

24. Unauthorized Access The Contractor shall attempt to detect anyone attempting to gain unauthorized access to the site(s) identified in this contract and notify both ICE and local law enforcement.

25. Direct Supervision of Aliens The Contractor will provide supervision of all aliens in all areas, including supervision in medical, housing, and activity areas, to permit detention officers to hear and respond promptly to emergencies. This shall include providing medical housing unit security officer with video surveillance unit to view all patients’ rooms. The Contractor shall have direct supervision of each housing unit. This direct supervision position(s) (determined by the COR based on the size of the housing unit) is separate from the housing control post.

The Contractor shall comply with the requirements applicable to detention facilities contained in Subpart A of the DHS PREA Standards, specifically §115.13,…