2.2.1-DRAFT Attachment 1 - Performance Work Statement (PWS) v2.docx

U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS (ERO)

AND HOMELAND SECURITY INVESTIGATIONS (HSI)

SAN ANTONIO (SNA) AND HARLINGEN (HLG) FIELD OFFICE

TRANSPORTATION SERVICES

PERFORMANCE WORK STATEMENT (PWS)

Attachment 1 – Primary Coverage Area (SNA, HLG, HSI routes, long runs, and heat map) Attachment 2 – South Texas Transportation Address List Attachment 3 – Quality Assurance Surveillance Plan (QASP) Attachment 4 – ERO & HSI Ground Transportation Detailed Summary Attachment 5 – G-391 Upload Template

TABLE OF CONTENTS

SUBSECTION 1 – SCOPE

SUBSECTION 2 - GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

SUBSECTION 3 - PERSONNEL

SUBSECTION 4 - TRAINING

SUBSECTION 5 - POST SECURITY AND CONTROL

SUBSECTION 6 - HEALTH, SAFETY AND EMERGENCY STANDARDS

SUBSECTION 7 - FACILITY, EQUIPMENT, AND SUPPLIES

DEFINITIONS

Adult Detainee – Any detained immigrant, U.S. Citizen, or Lawful Permanent Resident eighteen (18) years of age or older or anyone adjudicated in a criminal court to constitute an adult.

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

Contract Specialist (CS) - ICE employee responsible for contract compliance, contract administration, cost control, and reviewing the COR’s assessment of the contractor’s performance.

Contracting Officer (CO) - The ICE employee empowered to award, amend, administer, and terminate contracts.

Contractor - The firm, individual or entity, following contract award, with whom ICE enters into this contract. The provider of services described in the performance work statement (PWS).

Contractor Employee - An employee of a private contractor hired to perform a variety of detailed services described in the PWS.

Contracting Officer’s Representative (COR) - The ICE employee(s) appointed by the CO to monitor all technical aspects of the contract, certify invoices for payment, and assist in administrating the contract.

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

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

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security (DHS).

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

Detention/Transport Officer (DO/TO) - Contractor uniformed employees responsible for the security, care, and supervision of detainees being transported while detained or under ICE proceedings. This position is also designated as transportation officer.

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

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

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

Grievance - A written complaint filed by a detainee concerning personal health/welfare.

ICE Officer - An employee of ICE working within the Enforcement and Removal Office (ERO) designated, as required, by the officer-in-charge (OIC) to represent the agency on matters pertaining to the operation of the facility.

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

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

Logbook - The official record of post operations and inspections.

Medical Records – Separate records of all detainees medical examinations, diagnoses, and treatments maintained by the Division of Immigration Health Services.

On-Call Posts – Posts decided as necessary by the COR. Not permanent posts.

Property – Refers to personal property belonging to a detainee including valuable and medicine(s).

Quality Assurance – The actions taken by the Government to assure requirements of the PWS are met.

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

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

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

Security Risk – High, Medium, and Low

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

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

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

Suitability Check – Security clearance process for contractor and all contractor employees to determine suitability to work.

Tour of Duty – Hours that transportation/detention officers are on Duty. Contractor tour of duties will comply with all current federal, state, and local laws and most current ICE PBNDS. This includes but is not limited to the Federal Motor Carrier Safety Administration, CFR 395.5 - Maximum driving time for passenger-carrying vehicles.

SUBSECTION 1 - SCOPE

1.1 OBJECTIVE

The objective of this contract is for the provision, operation and management of the transportation and protection of detainees for U.S. Immigration and Customs Enforcement (ICE).

Services will be primarily, but not exclusively, needed at locations in the Texas Counties highlighted in PWS Attachment 1- Primary Coverage Area for the San Antonio Field Office, Harlingen Field Office, and HSI as ordered by the appropriate COR. There will be one GM for all three areas, however, each AOR (SNA, HLG, or HSI) will have their own CORs. All destinations in Texas are in the primary area of coverage and the contractor is responsible for figuring out how those transports be met through alignment of their resources within Texas.

As necessary, transportation services may be required to bordering states outside the primary geographic areas of support noted in PWS Attachment 1 and will be separately identified on another contract line item (CLIN). These “long range transports” will comply with all contracts requirements but will have a separate CLIN.

This PWS describes a performance-based work environment in terms of “what” the required detention/transportation service outputs are, rather than “how” to perform the work. This PWS also attempts to create a Government-contractor relationship that promotes achievement of mutually beneficial goals and promotes a partnership environment. The contractor is encouraged to strive for constant improvement and innovation in the performance of this contract if the performance objectives are being achieved at the desired levels of performance. ICE will monitor the contractor using a Quality Assurance Surveillance Plan (QASP), PWS Attachment 3. The ultimate goal of this PWS is for the contractor to establish a quality customer-focused multifunctional team meeting the needs of ICE.

1.2 BACKGROUND

ICE is responsible for the detention, health, welfare, transportation, and deportation of immigrants in removal proceedings and immigrants subject to final orders of removal. The intent of this contract is to identify detention/transportation officer tasking as appropriate for managing this activity. This work involves the management, transportation, and the escort of immigrants, including those in removal proceedings, immigrants subject to final orders of removal, material witnesses and criminal detainees which include United States (U.S.) citizens and lawful permanent residents (LPRs) in a secure manner. This contract will provide detention/transportation services primarily, but not exclusively, to the ICE, San Antonio (SNA) Field Office, Harlingen (HLG) Field Office, and Homeland Security Investigations (HSI). On a case-by-case basis, this contract has been used to temporarily support Customs and Border Patrol (CBP) requirements at the border.

1.3 MISSION

The mission of ERO directorate is the planning, management, and direction of a broad program relating to supervision, detention and deportation of immigrants who are in the U.S. illegally. These activities are chiefly concerned with enforcement of departure from the U.S. of immigrants who have entered illegally or have become removable after admission. In implementing its mission, ERO is responsible for carrying out all orders for the required departure of immigrants handed down in removal proceedings, or prior thereto, and arranging for detention of immigrants when such becomes necessary.

The mission of HSI directorate is to investigate a wide range of domestic and international activities arising from the illegal movement of people and goods into, within and out of the U.S. HSI uses its legal authority to investigate issues such as immigration crime, human rights violations and human smuggling; smuggling of narcotics, weapons and other types of contraband; and financial crimes, cybercrime and export enforcement issues. ICE special agents also conduct investigations aimed at protecting critical infrastructure industries that are vulnerable to sabotage, attack or exploitation. ICE investigations cover a broad range of areas, including national security threats, financial and smuggling violations (including illegal arms exports), financial crimes, commercial fraud, human trafficking, narcotics smuggling, child pornography/exploitation and immigration fraud.

1.4 TRANSPORTATION OPERATIONS PLAN

The contractor shall provide a written finalized operations plan within 60 days after contract award that complies with all elements of the contract and the PWS to transport detainees securely to locations as directed by the COR or designated ICE official in accordance with the Performance Based National Detention Standards (PBNDS) 2011with 2016 revisions, ICE Family Residential Standards, and all applicable Federal, State, and local laws and regulations. During all transportation activities, at least one officer must be the same sex as the detainee. If a same-sex officer is not available, the transportation mission must be approved by the COR or ICE designated official prior to the service being performed. All officers must be armed and meet applicable firearm Federal, State, and local laws. Operations are primarily conducted in the state of Texas, but transportation services will be required to adjoining states; vehicles and transportation officers must meet applicable state and federal DOT and firearm laws.

The contractor’s operations plan shall include how the contract transportation fleet, personnel and assets are staged to support all contract user requirements for a 24 hour a day, seven days a week with two-hour response time. ICE and HSI requirements for transportation services are everchanging. The operation plan must demonstrate flexibility to adapt to temporary or permanent changes in volume, frequencies or locations (pick up and drop off) with no disruption to ICE or HSI services.

The contractor shall provide vehicles to safely provide the required transportation services and shall comply with all federal, state, local laws and Centers for Disease Control and Prevention (CDC) Guidelines and prevention for all operations, inspections, licensing, and registration for all vehicles and firearms used for intra and interstate transportation. The contractor shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles, post assignments, and ICE officials. The contractor shall review specific individual requests required and create a disparate plan to achieve successful results. The contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the Government related to this contract.

1.5 TRANSITION-IN PLAN

The contractor shall develop and implement a Transition-In Plan to transition from the current contract to this contract within 120 days of contract award. The contractor shall develop and implement a Transition-In Plan for transportation services and have all personnel, resources, permits, licenses, vehicles and electronic G-391 ordering and dispatch services in place and ready for commencement on the first day of operations. The transition will be transparent and seamless to the customers and detainees with no degradation or breaks in service availability while maintaining existing security, service quality, contract support, performance levels, and an orderly transition of assets. In addition, the transition must be completed within 120 days from contract effective date and the contractor will coordinate and integrate the transportation service contract transition-in tasks with the current contractor’s transition-out tasks. Transition activities for transportation services includes all services currently being performed by the incumbent contractor under the existing contract including (but not limited to); transportation, escort services, providing of sack lunches, and monthly reports.

1.6 DETENTION/TRANSPORT OFFICER PERFORMANCE

Contractor Detention/Transport Officers shall:

· Escort and maintain custody of the detainee(s) under order of the COR.

· Unless unforeseen circumstances arise, prevent public contact or keep to a minimum.

· Transport the detainee to and from a location(s) as identified by the COR or designated ICE Official

· Provide security for detainees admitted for medical care at local hospitals around the clock until relieved.

Anticipated Transport Routes:

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. Work will be distributed as primary coverage areas and long-run transports as defined above. Historical routes PWS Attachment 4 – ERO and HSI Ground Transportation Detailed Summary provided for this requirement are for informational purposes only and do not in any means dictate future routes or frequencies. Routes are expected to change throughout the life of the contract and may have instances of concentrated efforts at certain locations. The contractor is expected to meet all requirements in the scope of Attachment 1.

For reporting/invoicing purposes, billable mileage begins at the detainee pick-up location and ends at the detainee drop-off point. Mileage to and from vendor’s depot will not be invoiced/reportable, but any costs the vendor may incur for this time must be accounted for in the overall price.

Origination/Destination Locations

Individual detainee transportation requirements vary and are contingent upon detainee population and exigencies. The contractor shall be prepared to make adjustments for individual detainee evolving requirements and emerging transportation requirements as they arise and as specified by the COR. The Texas counties and addresses identified in PWS Attachments 1 and 2 are for informational purposes only and by no means limit the transportation requirements the Government may require or request.

Hotel and per diem will be considered for: travel outside of the Texas counties in PWS Attachment 1 or to adjoining states, HSI extended operations, mass evacuations or operational surges. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by the COR or will not be reimbursed.

1.7 TRANSPORTATION

Transportation Services:

The contractor shall propose at least a two-person team of armed officers per vehicle for any route, to securely transport detainees 24 hours a day, seven days a week, including holidays as specified by the Government on the Transportation Service Requests (Form G-391- ICE Contractor Official Transportation Order), PWS Attachment 5. Transportation services will be available at the requested locations within two (2) hours of notification by the Government to the contractor to all the Texas counties highlighted in PWS Attachment 1. One hour of standing/processing time will be included at the beginning, end and during any stops in-between, at no separate charge to the Government. Should the contractor be delayed more than one hour at any of these points, due to Government delays as determined by the COR, the contractor may submit charges for standing hours by the quarter hour at the rate identified in the Stationary and Delay contract line item. For transportation requests to locations outside the Texas counties highlighted in PWS Attachment 1, including adjoining states, the COR may grant exceptions to the two-hour notification requirement on a case-by-case basis.

An electronic chronological summons log shall be created and maintained for each vehicle that will be used for this contract. Parking summonses incurred are the responsibility of the contractor and shall be paid in a timely manner. While performing transportation services for this contract, vehicles shall be parked in such a manner as to abide by local laws and minimize issuance of summons or of towing or booting. A chronological summons log will be maintained by the designated program manager indicating disposition. The chronological summons log will be made available to the Government upon request.

Contractor shall provide and maintain a secure portal/website allowing Government personnel to view, retrieve, and query the schedule/dispatch/tracking and reporting system. The portal/website should be platform agnostic, permitting Government personnel to access either from workstation or mobile device. Upon successful authentication, Government personnel should have the ability to easily retrieve electronic Government Transportation Service Requests (G-391s), display all schedule routes and provide ICE designated officials real time status of ongoing missions and instant verification for completed performance. Government personnel shall have the ability to query all the data in the G-391 forms and status of requested missions. Any changed, updates or deviations to the G-391 Transportation Request (noted by the contractor or the Government) will require approval by all concerned parties and the COR with the nature of the issue and the anticipated resolution. Upon conclusion of the task, the G-391 form must be submitted to the ICE-designated official for acceptance of services. The secure schedule/dispatch/tracking and reporting system must be considered a commercial item in accordance to FAR 2.101.

In the event a trip is ordered by the Government and the contractor departs from its hub, and then the trip is cancelled by the Government, and the contractor does not pick up any detainees during this time, the contractor shall immediately return to its hub and only bill the miles that were executed during this time by the contractor under the appropriate transportation CLIN. In no case, will the contractor bill for more miles than the original planned route distance.

Remote Post Guard Services:

The contractor shall provide armed stationary or escort detention services by request of the COR, CO, or an ICE-designated official 24 hours a day, seven days per week, including holidays as specified by the Government on the Transportation Service Request (Form G-391-ICE Contractor Official Transportation Order). Remote post guard services will be available at the requested locations within 2 hours of notification by the Government to the contractor. These services shall include, but might not be limited to, escorting and guarding detainees for emergency medical services, to medical or doctor’s appointments, immigration and criminal court hearings, ICE interviews, and any other location requested by the COR, CO, and/or ICE-designated official. Such services shall be performed by qualified detention officer personnel employed by the contractor under its policies, procedures, and practices. The contractor shall agree to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Remote post guard services shall be posted in areas that provide constant visual and auditory surveillance of detainees and provide detention/transportation officers with the capability to respond promptly to emergency situations. Public contact needs to be prevented or be kept to a minimum, unless authorized in advance by the COR or an ICE-designated official.

1.8 OPERATING CONTRACTOR OWNED VEHICLES

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 maintain complete control of the vehicle at all times, 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. To support the Federal Government’s initiative to reduce pollution, support renewable energy, and operate more efficiently, ICE encourages the use of fuel-efficient vehicles and operations that provide a measurable reduction in carbon emissions.

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.

· In an emergency or under unforeseen and adverse driving conditions only, the vehicle crew may drive as long as necessary to reach a safe and secure stopping area.

1.9 PRE-DEPARTURE AND SECURITY CHECK FOR CONTRACTOR OWNED OR GOVERNMENT FURNISHED VEHICLE

Prior to departure, all transportation officers assigned to transport detainees must be present to ensure a complete and thorough inspection and search and shall:

· Inspect the vehicle for mechanical and electrical problems.

· Test the emergency exits and test the capability to open every lock located in or on the vehicle. A complete set of these keys shall travel with the vehicle at all times, in a secure place known to every transporting officer.

· Search for hidden weapons and other contraband before every trip, including the driver's compartment and glove compartment, the detainee seating area, and the cargo compartment.

· Take any necessary special precautionary measures for a detainee identified as a special-handling case (security, medical, or psychological problems, etc.) The requesting OIC will designate a special handling case.

· Search the staging area prior to loading detainees to ensure the area is clear of any weapons or contraband; and

· Execute without negligence or omission, a search of each detainee as he or she is about to board the vehicle.

1.10 REQUIRED DOCUMENTS

No detainee may be removed from any facility, including field office detention areas, unless a Form G-391 is furnished by an ICE official, authorizing the removal.

In the Service Processing Centers, (SPCs), and Contract Detention Facility, (CDFs), it is the responsibility of the Supervisory Deportation and Detention Officer (SDDO), or authorized designee to check records and ascertain if the detainee has a criminal history, is dangerous, or has an escape record. Any information of an adverse nature shall be clearly indicated on the G-391 and the escorting officers shall be warned to institute the necessary precautions. Before beginning the detail, the escorting and transportation officers shall read their instructions and clearly understand the purpose for which the detainee is being taken from the facility. The officers shall also discuss emergency and alternate plans with the SDDO or authorized designee beforehand. The SDDO must approve these plans prior to departure.

Documents That Accompany Detainee

PBNDS 2011 with 2016 revisions explains the files and documents that must be prepared and organized in preparation for a detainee’s transfer. Prior to departure, ERO or HSI staff of the sending facility is required to complete a detainee transfer checklist to ensure all procedures are completed and place a copy in the detainee’s A-file or work folder.

The detention standard on transfers of detainees also requires that, when a detainee is transferred within the ICE Health Service Corps (IHSC) system, the Government will provide a Transfer Summary (that includes medical documentation), and the detainee’s official health records, to accompany the detainee. The official health records are to be placed in a sealed envelope or other container labeled with the detainee's name and the number assigned to the detained (called an A-number) and marked "CONFIDENTIAL MEDICAL RECORDS." When a detainee is transferred to an IGSA or ICE detention facility, only the transfer summary is to accompany the detainee.

The contractor may not transport a detainee without the required transfer summary – which is essential for detainee safety while in transit – and is responsible for delivering the transfer summary and other medical materials to appropriate medical personnel at the receiving facility.

To ensure that the receiving facility also receives the detainee’s files and other required documentation:

· Contracted transportation officers may not accept a detainee without the required documents that are to be provided by ICE officials prior to departure unless the COR approves this before the transport.

· The receiving facility may refuse to accept a detainee without the required documents that are to be provided by ICE officials prior to departure.

1.11 DEPARTURE SCHEDULING AND SECURITY

The contracted personnel assigned shall organize their driving time, so the detainees arrive at the designated meeting area prior to their scheduled engagement. Before transferring detainees from one facility to another, a designated officer shall inform the receiving office:

· The estimated time of departure and arrival (ETD/ETA).

· The number of detainees in each of the following categories: new arrivals (remaining at the facility); drop-offs; and overnighters.

· The total number of detainees on this trip (if multiple vehicles, how many detainees per vehicle).

· Any special-handling cases, with details about the special requirements such as medications, restraints, etc.; and

· Notification of any actual or estimated delays in departure, and the accordingly revised ETA(s).

1.12 TRANSFER OF FUNDS, VALUABLES, AND PERSONAL PROPERTY

In accordance with PBNDS 2011 with 2016 revisions on admission and release and funds and personal property, ICE will inspect and inventory the personal property of detainees transferring from one facility to another. In addition, at the originating facility:

Transport staff shall ask each detainee whether he or she has in his or her possession all funds, valuables, and other personal property listed on the property inventory form.

· If a detainee answers “yes,” he or she may board the vehicle.

· If a detainee claims missing funds, valuables or personal property, the detainee shall remain at the facility until completion of the required paperwork. Photocopies of the completed forms are sufficient documentation for the transfer to proceed.

· The contractor will provide assistance preparing detainees coming into ERO or HSI custody from any facility or location requested by ERO or HSI to include, but not limited to, Border Patrol, Customs and Border Protection, Local Agencies, etc. This assistance includes, but is not limited to valuable property accountability, bagging and tagging detainee property, maintaining accountability for the property, and transporting property in accordance with PBNDS 2011 with 2016 revisions and established procedures.

Staff from original facility shall include on each Form I-216 – Record of Persons and Property Transferred, in the "checked baggage" section, the I-77 numbers found on the Property form, to be verified by receiving facility staff.

The lead driver shall check the manifest against the number of packages by detainee name and A- number before signing the I-216 or placing the baggage on the vehicle.

1.13 LOADING A CONTRACTOR OWNED VEHICLE

Security and Occupancy: Armed officers shall be posted whenever detainees enter or exit a vehicle outside a secure area.

The detainees will be made aware of the rules of conduct during the trip. The detainees will be properly managed from the staging area into the vehicle. The number of available officers shall determine whether they move at one time or in groups.

Items Detainees May Keep in Their Possession: Ordinarily, detainees in transport may keep the following in their possession: jewelry, cash, eyeglasses, prescription medicines, and receipts for property and money. However, if the transporting officers determine that any of these items would compromise officer or detainee safety, the items shall be removed from the detainee’s possession and placed in an appropriate storage area. If annotated in the detainee’s medical record, in some instances, the vehicle crew shall safeguard prescription medication, and when dosage is required by the detainee, the vehicle crew may retrieve the prescription medication and provide the detainee the opportunity to take the medication, noting the detainee’s name, A-number, and date and time(s) dispensed, and by whom. These notes shall be attached to the detainee’s medical record or A-file.

· Count, Identification, and Seating: To confirm the identities of the detainees they are transporting, the vehicle crew shall count, identify, and seat detainees in accordance with written procedures in the PWS.

· Extra attention is to be paid to detainees with physical or mental health conditions, or who may need to be afforded closer observation for their own safety.

· To ensure that disabled detainees are transported safely and securely, transportation officers shall make reasonable accommodations, as determined by the COR.

· Detainees in restraints (whose documents or behaviour in transit indicate a security risk) must be kept under closer observation. A logged record must be maintained of the detainee’s name, reason for using restraints, type of restraints, and times restraints were applied and removed. This record must be accessible to the Government upon request.

· A physical man-count that accounts for every individual in the supervision of the Contractor must be completed once all passengers are seated on board, and every time before resuming the trip after the vehicle makes a scheduled or unscheduled stop.

1.14 RESPONSIBILITIES EN ROUTE

Point of Contact: The destination receiving office on the vehicle route serves as the contact point and is responsible for monitoring the vehicle's schedule. Upon making contact with an arriving vehicle, the receiving officers shall certify that they are taking custody of the specified detainees by signing the accompanying Form I-216 for ERO. HSI will utilize form USM 41.

Safety and Security: For safety purposes, all personnel shall remain seated while the vehicle is in motion. Transportation vehicle cage doors from the vehicle’s cages shall remain locked whenever detainees are on board, and oversight must be at its max capacity during transport. The contractor must remain alert at all times for behavior that could jeopardize safety and security.

Detainees shall not have access to any personal baggage or packages while in transit (except as specified in items detainees may keep in their possession earlier in this document). Every transportation officer and only transportation officers must have the capability to unlock every lock located in or on the vehicle at any given time throughout the trip.

All contract vehicles will be equipped with surveillance cameras with the ability to monitor and record. The contractor shall maintain and store footage of all surveillance cameras for a minimum of 6 months. The Government will be provided copies of all recordings, upon request, within 24 hours.

An armed contracted officer may not enter the contained, secure area of the vehicle. If he or she must enter that area, the officer shall first leave the weapon(s) with another officer for safekeeping or, if the vehicle is equipped with weapons lockers, in a locker.

Stops: During stops, which the vehicle crew shall keep to a minimum, detainees shall not leave the vehicle until the transporting officers have secured the inside and outside area. When the detainees disembark, the officers shall keep them under constant observation to prevent external contact(s) and/or contraband smuggling or exchange. At least one officer shall remain in the vehicle when one or more detainees are present.

No detainee will be released unless written confirmation and instructions are provided in the G-391 from an ICE designated agent.

1.15 MEALS

The vehicle crew shall provide meals and snacks during any transfer that exceeds six hours, and at any time requested by the COR or ICE designated official. Officers shall consider when the detainees last ate before serving meals and snacks. The requirements specified in the PBNDS 2011 with 2016 revisions apply equally to food served in transit and in detention facilities. Special dietary needs should be identified to the contractor before departure, so suitable meals can be arranged.

· In the interest of safety, detainees shall have no access to eating utensils (disposable or not) while in transit.

· The crew shall maintain a constant supply of drinking water (and ice), along with paper cups. A small number of disposable garbage receptacles, such as plastic bags, shall be kept within reach of the drive, with additional types of receptacles stored in another area of the vehicle.

· Sack lunches must comply with PBNDS 2011 Standard 4.1, Food Services, unless specifically prepared for ICE Air Operations (IAO) charter flights. IAO charter flight sack lunches will only include one sandwich, one granola bar (or acceptable substitute) and one bottle of water. Due to allergy precautions, no peanut butter or peanut-based products are allowed. No fruit, chips, or condiments (mustard, ketchup, mayonnaise, etc.) are allowed on IAO charter flights. Juveniles require two sack lunches per flight. Additional meals will be provided for aliens on a medical-needs basis noted on the medical form.

· Food Protection - General Requirements Food and ice will be protected from dust, insects and rodents, unclean utensils and work surfaces, unnecessary handling, coughs and sneezes, flooding, drainage, overhead leakage, and other sources of contamination. Protection will be continuous, whether the food is in storage, in preparation/on display, or in transit. All contractor storage units must be equipped with accurate easy-to-read thermometers. Contractor refrigeration equipment shall be designed and operated to maintain temperature of 41 degrees F or below.

· Sack lunches may be requested by ICE officials at any time and quantity for support of ICE operations.

1.16 VEHICLE COMMUNICATION

The contractor shall provide a written communications plan. All vehicles will have a functioning two-way radio. Every individual crew member shall also carry at least one portable radio that can communicate with the other crew member(s), so the officers can maintain contact if one or more must leave the vehicle. The vehicle’s communications system shall also include a contractor provided cellular phone for use when radio communications are degraded, such as dead zones, different frequencies, etc.

1.17 CONTRACTOR OWNED VEHICLE SANITATION

Vehicles must be kept clean and sanitary by the contractor at all times (if applicable) by:

· Dumping septic tank contents at the appropriate locations.

· Before departure, check to make sure there is an adequate supply of water and chemicals in the toilet at all times, which involves monitoring the inventory of chemical supplies stored in the forward baggage compartment.

· Windows and floors must be clean and clear of debris.

· Compliance with Centers for Disease Control and Prevention (CDC) Guidelines to include Coronavirus Disease 2019 (COVID -19), infectious and pandemic diseases.

1.18 USE OF RESTRAINTS

In accordance with PBNDS 2016, Use of Force and Restraints, and the Detention Standard on Transportation (by land), officers shall use authorized techniques and common sense when applying restraints. To ensure safe and humane treatment, the officers shall check the fit of restraining devices immediately after application, at every relay point in which there is a needed stop, and any time the detainee complains. Properly fitting restraints do not restrict breathing or blood circulation. The officers shall double-lock the restraining device(s), and secure the handcuffs to the waist chain, if applicable. Under no circumstances shall officers attach a restraining device to an immovable object, including, but not limited to, security bars, seats, steering wheel, or any other part of a vehicle. Officers carrying firearms shall exercise caution if close contact with a detainee becomes necessary in an emergency.

As a rule, transporting officers shall not handcuff women or minors. If an exception arises, the officers shall document the incident on the G-391, recording the facts and the reasoning behind the decision. Typically, HSI arrests will require handcuffing, which will be noted on the G-391 as required per the HSI Arrest Procedures Handbook.

It is the contractors’ responsibility to maintain control and sufficient inventory of operational restraints for the duration of this contract. Any actions taken by the contractor to swap or loan restraints with other organizations (internal or external to ICE), will be at the sole discretion and risk to the contractor and will not be grounds for reimbursement or claim for missing or broken restraints against the Government.

1.19 EMERGENCY SITUATIONS

The contractor shall provide a written emergency plan to address all emergency contingencies within 30 days of award and updated as needed. If an emergency occurs within a reasonable distance of an ICE-ERO or HSI office, the officers shall make every effort to reach that office before taking extraordinary measures. However, if moving seems ill-advised or impossible, they shall contact the nearest ERO or HSI office, stating location and the nature of the problem so the ERO or HSI office can respond, secure and provide assistance as quickly as possible.

If the situation is life-threatening, and the vehicle crew cannot afford to wait for help from an ICE-ERO or HSI office; but needs to take immediate action, the following must occur:

Attack: If a contractor is attacked while in transit, the vehicle crew should request assistance from the nearest law enforcement agency, continuing to drive until the vehicle is incapacitated. The transportation officers shall do everything possible to protect the safety of everyone in the vehicle.

Escape: If a detainee escapes during transit, the transportation officers shall not jeopardize the security of the remaining detainees by chasing the escapee, on foot nor by vehicle. Instead, they shall notify the nearest ERO or HSI office, providing the escapee’s name, A-number, height, weight, type of clothing and direction of flight (if known). It is the responsibility of the ERO or HSI office to directly relay this information to local law enforcement agencies. The transportation officers shall wait for assistance. While waiting, and keeping surveillance on the remaining detainees, the officers shall prepare a written report of the escape and/or attempted escape, fully documented. The complete report shall be turned into the COR within 24 hours of the incident.

Hostages: If a hostage situation occurs on board the vehicle, one transporting officer shall secure the vehicle perimeter, while the other notifies the closest ERO or HSI office of the situation. The officers shall make every effort to determine those involved and whether they are armed, relaying the information to the ERO or HSI office and the local law enforcement agencies. Under no circumstances shall a transporting officer bargain with or take orders from the hostage-taker(s), regardless of the status or rank of the hostage(s). The vehicle crew shall hold all detainees on board until help arrives, assuming the hostage-taker(s) allow non-participants to disembark. Regardless of demands, the officers shall not allow any hostage-taker(s) off the bus, with or without the hostages. A hostage situation shall effectively end a transportation assignment because of the need to interview witnesses, examine the crime scene, etc. The transportation officers shall receive instructions from the COR or ICE designated official, on how and where to proceed once the hostage situation is resolved. The contractor’s incident report shall note participants, witnesses and action taken.

Illness: If a detainee becomes ill while in transit, but the illness does not appear life threatening, the transporting officers shall take appropriate action and alert the receiving office, so it can prepare to handle the situation. If the illness requires immediate medical treatment (e.g. heart attack), transportation officers shall request assistance from the nearest facility, local law enforcement agencies, and emergency services. The transportation officers shall initiate life-saving procedures as appropriate, proceeding if security permits. The closest ERO or HSI office (pending mission owner) shall prepare procurement paperwork and make arrangements for hospitalization, security, etc.

Death: If a detainee dies while in transit, transporting officers shall notify the originating or receiving office as soon as possible, and follow the procedures specified in PBNDS 2016 Terminal Illness, Advance Directives, and Death. The closest ERO or HSI office shall coordinate with other agencies, including the coroner, required to be on the scene when the body is removed from the vehicle. This must take place in the State where death occurred. PBNDS 2011Standard on Terminal Illness, Advance Directives, and Death specifies the procedures with which the officers must comply. The contractor must also provide a different vehicle to transport the remaining detainees currently under the contractor’s supervision, and the vehicle must arrive to the designated location within a reasonable amount of time.

Fire: In case of fire in or on the vehicle, the driver shall immediately stop the vehicle. The transportation officers shall fight the fire with the on-board equipment. If necessary, the officers shall request assistance from the local fire department and law enforcement agency. If the fire forces the evacuation of the bus, the crew is responsible for maintaining accountability and security while removing the detainees in an orderly fashion.

Riots: If a riot, fight, or any disturbance occurs on the bus, the assistant driver shall order the detainees to cease and the driver shall attempt to move the bus to the side of the road. If necessary, the crew shall request assistance from the local law enforcement agency. Efforts should be made to determine the instigators, number of detainees involved, names and A-numbers. When sufficient assistance is available, the transporting officers shall attempt to regain control, using only as much force, such as restraints or pepper spray, as necessary. Contracted officers may not enter the screened area bearing arms.

Traffic Accident: All traffic accidents with contract vehicles must be reported. After an accident, the officers shall ensure all detainees are accounted for and check for any injuries, following this step, the officers must properly secure the area, request assistance from a local law enforcement agency, and obtain medical assistance for anyone injured. Regardless of its severity, the officers must report the accident to the local law enforcement agency and the nearest ERO/HSI office. They must also obtain a police report for the record, in case of future allegations or lawsuits against ICE or individual officers. The driver must record witnesses' names, addresses, and phone numbers on Form SF-94 – Statement of Witness. Upon arriving at the receiving office, the officers shall report the accident to the receiving facilities Assistant Field Office Director (AFOD) or the HSI Assistant Special Agent in Charge (ASAC) and prepare any required forms.

Vehicle Breakdowns: If a contract vehicle with detainees aboard breaks down, the contractor is responsible to ensure all detainees are accounted for and under contactor supervision at all times. The contractor must report the incident in the G-391 form. Procedures must include steps taken for trips with contractor owned vehicles and Government furnished vehicles. To the best extent possible, after a vehicle breakdown, it is still the sole responsibility of the contractor to transport detainees to their assigned locations on schedule. If the Government furnished vehicle is unable to be driven due to a breakdown, it is the responsibility of the Government to transport any Government furnished vehicle from the breakdown location to a Government designated area. The contractor must immediately inform the COR and provide a status updates following all vehicle breakdowns. If the contractor experiences or observes any problems, issues, or concerns with any Government vehicles at initial inspection or during use, the contractor must inform the COR or designated ICE Official, within two hours of discovery.

Natural Disasters: In the event of severe weather or a natural disaster, the contractor should have established procedures. In the event of a flood, dust storm, ice storm, tornado, or other natural disaster, the vehicle crew shall contact State authorities to assess road conditions along the planned route. If driving conditions are unlikely to improve, the vehicle crew shall look for a safe area to park the vehicle and request further instructions from the receiving office. When contacting the office, the vehicle crew shall give all available information concerning the vehicle’s location. This can include highway markers, buildings, unusual structures, or other identifying features. Should it become necessary to exit the vehicle, the detainees shall be directed to a safe area. When this occurs, officers shall maintain a heightened alertness throughout the emergency. When the emergency has passed, the officers shall return all detainees to the assigned vehicle and conduct an accurate count.

Mass Evacuations: Contractor shall be prepared to quickly respond to Government requests for mass movements in requirements as a result of an evacuation.

1.20 TRANSPORTATION OF FEMALES, TRANSGENDER, AND MINORS

Females may be transported by bus for no more than ten hours. Otherwise, transportation by auto or van is required, with frequent breaks. Females shall be highly visible to all transportation officers at all times, seated in the front of the vehicle. The contractor shall ensure that during all transport activities, at least one transportation officer shall be of the same sex as the residents being transported. If there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender as the detainee(s) must be present.

Minors shall be separated from unrelated adults at all times during transport and seated in an area near officers and under their close supervision. When transporting juveniles, refer to ICE ERO Family Residential Standard, “Transfer of Residents” and ICE/ERO Family Residential Standard, “Transportation (By Land).” Low risk juveniles and females may be transported by one armed and one unarmed guard on a case-by-case basis and only with prior approval of the COR. The COR's approval will only be valid for 90 days. Extensions can be requested and must be approved prior to action.