DRAFT RFP Atch 1 - Krome PWS 1-12-2024.pdf

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SECTION C:

DESCRIPTION/SPECIFICATIONS/

PERFORMANCE WORK STATEMENT

U.S. Department of Homeland Security Immigration and Customs Enforcement

Performance Work Statement (PWS) Detention Services

(Krome Processing Center)

January 12, 2023 DRAFT

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Table of Contents C.1 OVERVIEW -------------------------------------------------------------------------------------- 3 C.2 OBJECTIVE ------------------------------------------------------------------------------------- 3 C.3 TERMS / DEFINITIONS ---------------------------------------------------------------------- 3 C.4 GENERAL REQUIREMENTS -------------------------------------------------------------- 10 C.5 POST ORDERS --------------------------------------------------------------------------------- 35 C.6 LOGBOOKS ------------------------------------------------------------------------------------ 36 C.7 FACILITY SECURITY AND CONTROL ------------------------------------------------ 36

C.8 HEALTH, SAFETY AND EMERGENCY STANDARDS ----------------------------- 43

C.9 FACILITY, EQUIPMENT, AND SUPPLIES -------------------------------------------- 45 C.10 PERSONNEL ----------------------------------------------------------------------------------- 46 C.11 SAMPLE STAFFING PLAN----------------------------------------------------------------- 54 C.12 KEY PERSONNEL ---------------------------------------------------------------------------- 58 C.13 PERSONNEL SCREENING PROCEDURES -------------------------------------------- 61 C.14 TRAINING -------------------------------------------------------------------------------------- 61 C.15 FIREARMS -------------------------------------------------------------------------------------- 66 C.16 BODY ARMOR --------------------------------------------------------------------------------- 69 C.17 ADDITIONAL EQUIPMENT --------------------------------------------------------------- 69

C.18 CONTRACTOR ADMINISTRATIVE REQUIREMENTS --------------------------- 70

C.19 MODEL QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) ------------- 72

C.20 PARTNERING PHILOSOPHY ------------------------------------------------------------- 73

C.21 DETAINEE WELFARE ITEMS / OTHER DIRECT COSTS ------------------------ 73

C.22 OTHER SUPPORT FUNCTIONS ---------------------------------------------------------- 74 C.23 OLEORESIN CAPSICUM AEROSOL SPRAY ----------------------------------------- 76

C.24 APPLICABLE REGULATIONS, DIRECTIVES AND STANDARDS ------------- 76

C.25 PERSONNEL SECURITY REQUIREMENTS ------------------------------------------ 77

C.26 OCIO/ DATA MANAGEMENT UNIT (DMU) – DATA OWNERSHIP

CONTRACT REQUIREMENTS LANGUAGE ------------------------------------------------- 84 C.27 CYBERSECURITY LANGUAGE ---------------------------------------------------------- 86

C.28 PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL ------- 92DRAFT

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C.1 OVERVIEW

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

The mission of the Enforcement and Removal Operations (ERO) Program is the planning, management, and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in the United States illegally. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees 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 detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary.

ICE requires respective Detention Management, Transportation, Mailroom, Warehouse, Detainee Banking, Detainee Welfare Items/Other Direct Costs (ODCs) and Food Services for the Krome Service Processing Center (SPC) located in Miami, Florida.

1.1 Location of Contract Performance – Krome SPC

The Krome SPC is located at 18201 SW 12th St, Miami, Florida 33194. It is a US Government owned facility that is used to house male detainees only. The facility has a 572-person normal operating capacity and can house any detainee security risk level. In addition to the above operating capacity, the facility offers additional beds for various transitional programs as follows: 50 beds for Special Housing Unit (SHU), 30 beds for Medical Housing Unit (MHU), and 30 beds for the Krome Behavioral Health Unit (KBHU). The facility is located on approximately 112 acres, 49 of which are for buildings. The perimeter is fenced with access that is monitored and controlled by an entrance gate. The Krome SPC is manned 24 hours a day, seven days a week, 52 weeks a year including all Federal Holidays.

C.2 OBJECTIVE

The Contractor must furnish all contract oversight management, supervision, trained personnel, equipment, materials, supplies, licenses, permits, certificates, pre-employment screenings, administration, and any other resources necessary to provide detention management, transportation, and food services for detainees at the Krome SPC. The Contractor must always provide appropriate and qualified trained employees to perform the services as prescribed in and required by this contract.

C.3 TERMS / DEFINITIONS

DRAFT

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In cases where the following definitions conflict with definitions provided in ICE 2011 Performance Based Detention Standards (PBNDS) (2016 Revision) and any revision thereafter, or the Federal Acquisition Regulation (FAR), ICE PBNDS and the FAR definitions prevail.

Administrative Segregation – A unit of housing for detainees whose continued presence in the general population poses a serious threat to life, property, self, staff, or other inmates. (See 2011 PBNDS (2016 Revision) for complete definition)

Adult detainee – Any detainee 18 years of age or older or anyone adjudicated in a criminal court to constitute an adult.

Non-Citizen – Any person who is not a citizen or native of the United States.

ACA Standards – The American Correctional Association Standards (ACA) for Adult Local Detention Facilities, latest edition.

Bed day – Per diem “detainee day” means day in or day out and all days in between. The Contractor may charge for day of arrival or day of departure but not both.

Body cavities – Body cavities include the mouth, ears, nostrils, vagina, and rectum. (See 2011 PBNDS (2016 Revision) for complete definition)

Booking – A procedure for the admission of an ICE detainee, which includes searching, fingerprinting, photographing, medical screening, DNA collection, biomatrix, and collecting personal history data. Booking also includes the inventory and storage of the detainees’ accompanying personal property. (See 2011 PBNDS (2016 Revision) for complete definition)

Classification – A process for determining the needs and requirements of those detainees for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources. (See 2011 PBNDS (2016 Revision) for complete definition)

Contact Visit - A meeting between detainee and another person authorized to take place in an area free of obstacles or barriers that prevent physical contact.

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: communication devices, 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. (See 2011 PBNDS (2016 Revision) for complete definition)

Contract Employee – An employee of a private Contractor hired to perform a variety of detailed services within the detention facility and is not a federal employee.

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

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

Contractor – The firm, individual, or entity with whom ICE enters this contract. The provider of services described in the Performance Work Statement (PWS). (See 2011 PBNDS (2016 Revision) for complete definition)

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 but not limited to U.S. Immigration and Customs Enforcement (ICE).

Department of Justice (DOJ) – A department of the United States Government, which includes but not limited to the Executive Office of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service

(USMS).

Detainee – Any person confined under the auspices and the authority of any federal agency, primarily U.S. Immigration and Customs Enforcement (ICE). Many detainees have substantial and varied criminal histories. ICE reserves the right to place detainees in the Contractor’s detention site who are confined under the auspices and the authority of ICE or any other federal agency.

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

Detention Officers – Contractor’s uniformed staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in a detention facility.

The officer is also responsible for the safety and security of the facility.

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

Disciplinary Segregation – A unit housing detainees who commit serious rule violations. (See 2011 PBNDS (2016 Revision) for complete definition)

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Emergency – To included but not limited to, any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, natural disaster, or other serious incident.

Emergency Care – Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call, as determined by a medical provider.

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.

FTE – Full Time Employee.

Government – Refers to the United States Government.

Grievance – A written complaint filed by a detainee concerning personal health/welfare or the operation and services of the facility. (See 2011 PBNDS (2016 Revision) for complete definition)

Health Authority – The physician, health administrator, or agency on-site that is responsible for health care services pursuant to a written agreement, contract, or job description. (See 2011 PBNDS (2016 Revision) for complete definition)

Health Care – The action taken, preventive and therapeutic, to provide for the physical and mental well-being of the detainee population.

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

(See 2011 PBNDS (2016 Revision) for complete definition)

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

ICE Officer – ICE Officers such as Supervisor Detention and Deportation Officer (SDDO), Deportation Officer (DO), or other Government personnel.

ICE Representative - Local ICE Miami ERO Detention Assistant Field Office Director (AFOD) or their Designee.

Immigration and Customs Enforcement (ICE) – A law enforcement agency with the U.S.

Department of Homeland Security.

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ICE Health Services Corp (IHSC) – An onsite unit which oversees medical care and public health services to detained detainee in the custody of ICE, serves as the medical authority for ICE on a wide range of medical issues, including the agency’s comprehensive detainee health care program, and, when necessary, authorizes and pays for off-site specialty and emergency care, consultations, and case management.

Incident Report – A written document reporting any event (e.g., disturbances, officer misconduct, any detainee rule infraction) (see also Significant Event Notification)

ICE Air Operation (IAO) - The unit responsible for all domestic and international transportation of detainees/deportees on all charter and commercial aircraft.

Juvenile Detainee – Any detainee under the age of 18 years unless the juvenile has been determined to be emancipated in an appropriate state judicial proceeding or is an individual who has been incarcerated due to a conviction for a criminal offense as an adult. (See 2011 PBNDS (2016 Revision) for complete definition Minor) (additionally refer to OPLA as to the definition above and PBNDS.)

Deadly Force – The use of any force that is reasonably likely to cause death or serious physical injury. (See 2011 PBNDS (2016 Revision) for complete definition)

Land Meet and Greet - Function fulfilled by transportation officers that involves meeting a detainee as they arrive via land transportation. Detainees are shackled and the appropriate paperwork completed upon transfer to the ICE contractor and moved to the appropriate vehicle for transport.

Life Safety Code – A manual published by the National Fire Protection Association (NFPA) specifying minimum standards for fire safety necessary in the public interest.

Logbook – The local official record of post operations and inspections.

Man-hour – Man-hour means productive hours when the required services are performed. Only productive hours can be billed and invoiced.

Medical Screening – A system of structured observation/initial health assessment of newly arrived detainees performed within the first 24 hours of arrival. (Refer to IHSC)

ICE Air Operations Meet and Greet – Function fulfilled by transportation officers that involves meeting a detainee as they arrive via charter aircraft or commercial air carrier at the airport. Detainees are shackled and the appropriate paperwork completed upon transfer to the ICE contractor and moved to the appropriate vehicle for transport.

Non-Contact Visitation – Visitation that restricts detainees from having physical contact with visitors using physical barriers such as screens and/or glass. Voice communications between the parties are typically accomplished with telephones or speakers. (See 2011 PBNDS (2016 Revision) for complete definition)

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Non-Deadly Force – The force a person uses with the purpose of not causing or which would not create a substantial risk of causing death or serious bodily harm.

Office of Professional Responsibility, Personnel Security Division (OPR-PSD) - This office in ICE responsible for a component-wide personnel security program.

On-Call Post – Posts called as necessary by the COR. These posts are not permanent and must include such duties as guarding detainees while awaiting hearings, consular interviews, ICE interviews, hotels, awaiting arrival or departure of aircrafts or vessels, and any other location requested by the COR.

Pat Down Search – A sliding or patting of the hands over the clothed body of a detainee by staff to determine whether the individual possesses contraband.

2011 Performance-Based National Detention Standards (PBNDS) - ICE Standard published in 2011, revised 2016, applicable to this contract.

Performance Requirements Summary (PRS) – A condensed listing of tasks, standards, acceptable quality level, and relative value of the services required by the Performance Work Statement (PWS). The PRS identifies the essential service outputs of the contract that will be evaluated by the Government to assure the Contractor meets contract performance standards.

The PRS is used to calculate invoice deductions or withholdings.

Performance Work Statement (PWS) – A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

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

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

Post Orders – Refers to general policies and procedures used for specific posts throughout a detention facility.

Preventive Maintenance – A system designed to enhance the longevity and/or usefulness of buildings and equipment in accordance with a planned schedule. (Refer to Office of Asset and Facilities Management)

Productive Hours – These are hours when the required services are performed and can be billed.

Facility Administrator –- Contractor employee responsible for on-site supervision of all Contractor employees, with the authority to act on behalf of the Contractor. The Facility

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Administrator cannot simultaneously serve in the role of manager and Detention Officer or Supervisory Detention Officer.

Personal Property – Refers to property belonging to a detainee.

Proposal – The written plan submitted by the Contractor for consideration by ICE in response to the Request for Proposal. (RFP).

U.S. Public Health Service (USPHS) – An agency of the United States Department of Health and Human Services.

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

Quality Assurance Surveillance Plan (QASP) – An organized written document prepared and used by the Government to assure requirements of the PWS are met. The document contains the Government specific methods, sampling guides, and checklists used in determining whether the Contractor-provided service meets quantity, quality, timeliness, effectiveness, and cost standards.

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

Quality Control Plan (QCP) – A Contractor-produced document that addresses critical operational performance standards for services provided.

Restraint Equipment – This includes but is not limited to handcuffs, belly chains, leg irons, flexi-cuffs, soft (leather) cuffs, and leg weights.

Sally Port – An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there must be no breach in the perimeter or interior security of the facility.

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-High, Medium-Low, Low (refer to 2011 PBNDS (2016 Revision) for complete definition)

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

• Medium-High Risk Level – Detainees that have documented histories of violence, assault, and combativeness.

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• Medium-Low Risk Level - Detainees that exhibit minor behavioral problems and have a history of nonviolent criminal behavior.

• Low Risk Level - Detainees with minor criminal histories and non-violent felonies.

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

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

Significant Event Notification (SEN) - A written document reporting any significant event (e.g., disturbances, egregious officer misconduct, detainee’s major rule infraction)

Sick Call - A system through which a detainee reports and receives individualized and appropriate medical services for non-emergency illness or injury. (Refer to IHSC)

Special Management Unit (SMU) - A housing unit for detainees in administrative or disciplinary segregation.

Standards for Health Services in Jails - Publication of the National Commission on Correctional Health Care (NCCHC) (latest edition). (Refer to IHSC)

Strip Search - A search for contraband that requires a person to remove or arrange some or all clothing to permit a visual inspection of the person’s breasts, buttocks, or genitalia.

Suitability Check - Fitness determination process for all Contractor Employees to determine suitability to work.

Tour of Duty - No more than 12 hours in any 24-hour period with a minimum of eight hours off between shifts.

Transportation Costs - Cost inclusive of labor, equipment, supervision, management, training, licensing, certification, supplies, and materials necessary to respond to requests by designated officials for movement of detainees from place to place necessary for processing, hearing, interviews, or other situations as determined by the COR or designated official.

Weapons - This includes, but is not limited to, firearms, ammunition, knives, baton, electronic defense modules, chemical weapons (mace), and nightsticks.

X-Ray Search - A photographic search by use of x-rays. (Refer to IHSC)

C.4 GENERAL REQUIREMENTS

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4.1 Transition Period

The Contractor must provide a seamless transition from the predecessor Contractor(s) and ensure minimal disruption to vital Contractor services and Government activities. The contract transition period is anticipated to be 60 days.

4.2 Detention Management Services

The Contractor must provide a safe and secure environment for staff and detainees through effective building and grounds security. The Contractor must continuously monitor programs, seek ways to reduce and control violence in the facilities, respond effectively to emergencies, maintain accountability of tools, chemicals, and other potentially dangerous items, and maintain security. The Contractor must provide a sufficient number of Detention Officers and Supervisors to control and supervise detainees in custody while meeting the following objectives:

• The Contractor must perform in accordance with ICE 2011 Performance Based Detention Standards (PBNDS) and (2016 Revisions), American Correctional Association (ACA), Standards for Adult Local Detention Facilities (ALDF), ICE firearms and Use of Force, Standards Supplement, Standards for Health Services in Jails (latest edition), National Commission on Correctional Health Care (NCCHC), and federal, state, and local laws on firearms for all locations (see Section C.24).

• The Contractor must furnish armed and/or unarmed detention officers, including management, supervision, manpower, training, certifications, licenses, drug testing, uniforms, equipment, supplies, and vehicles necessary to provide detention management and transportation services.

• The Contractor must provide a minimum of one Detention Officer of the same gender as the detainees on each post.

• The Contractor must provide supervision of all detainees in all areas, including supervision in detainee housing and activity areas.

• Contractor must be responsible for detainee record keeping services and personal property in accordance with Section C.18 of the PWS and ICE Records Retention Policy.

• The Contractor must provide on-call/stationary detention services (on-call posts) on demand by the COR or COR designee that must include but are not limited to escorting and guarding detainees to medical or doctor’s appointments, hotels, consulate visits, court hearings, ICE interviews, and any other location requested by the COR or ICE designee.

• The Contractor must agree to augment such practices as maybe requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control.

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• The Contractor must provide its own fully operational and well-maintained equipment and office supplies that pertain to its own business enterprise to include equipment for management and administrative staff. This equipment must include but not limited to computer equipment, printers with supplies and software to provide the Government with verifiable, auditable records of employee schedules, hours worked and other timekeeping data (see Section C.18).

• The Contractor must provide sufficient staff to conduct operational surveillance to include but not limited to cameras, recording devices to ensure the facility and assets are protected from damage, unauthorized removal, and unauthorized entry/exit.

• The Contractor must provide security and access control for vehicles and pedestrian traffic at all facility points of ingress and egress. This includes operation of an electronic gate access control (e.g., inspection of all vehicles entering and exiting and boom barrier access) at the main entrance gate.

• The Contractor must operate and control all designated facility points of ingress and egress on the site such as the detainee housing units, pods, barracks, courtrooms, medical facilities, and hold rooms.

• The Contractor must inspect all packages carried in or out of the Krome SPC site in accordance with ICE procedures.

• The Contractor must ensure that officers are properly trained in accordance with Section

C.14.

• The Contractor must ensure that detention guard Services are performed in accordance with the terms and conditions of this contract, and the applicable Post Orders. The Contractor must develop Post Orders for all proposed post assignments, in accordance with Section C.5 and be approved by the COR or ICE Representative.

• The Contractor must ensure that breaches of security, discrepancies and/or problems are properly documented and immediately reported to the COR and Local ICE Miami ERO Detention Assistant Field Office Director (AFOD). Logbooks must be used to document activities, as detailed in Section C.6.

• The Contractor must ensure that officers are equipped with firearms (Section C.15), body armor (Section C.16) and guard equipment (Section C.17) and sufficient ammunition to provide armed security services.

• The Contractor must ensure the staff on each shift is adequately supervised at all times in performance of all duties.

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• The contractor must arrange and provide for temporary housing services (i.e., lodging accommodations) as well as necessary transportation and on-call/Stationary guard services for juvenile detainees, family units, and other detainees (as determined by the COR or ICE designee) while temporarily housed outside the Krome SPC in accordance with ICE Policies.

• The Contractor must abide by all rules and regulations governing the site.

• The Contractor must distribute and launder suitable linens (sheets, pillowcases, towels, blankets, etc.) in addition to articles of personal hygiene/welfare items (e.g., soap, toothbrush, toothpaste, comb, toilet paper, shaving equipment, and female sanitary items) in accordance with DHS/ICE policies, 2011 PBNDS (2016 Revision), PREA, and ACA.

4.2.1 Detention Site Standards

4.2.1.1 ACA Standards

All proposals submitted in response to this RFP must be in total compliance with ACA Standards. Krome SPC is an ACA certified facility.

4.2.1.2 ICE PBNDS 2011 (2016 Revision)

Contractors must be in total compliance with ICE 2011 PBNDS (2016 Revision) standards. The standards allow for minimum levels of detention compliance. However, the contractor must comply with the optimal provisions of 2011 ICE PBNDS (2016 Revision); specifically, 5.4 Recreation, 5.7 Visitation, and 6.3 Law Libraries and Legal Material Standards; consistent with the targeted bed day rate. The difference between the threshold and objective standards will be part of the technical evaluation of proposals. Compliance with the optimal provisions will require appropriate contractor staffing, training, and effort to reach such enhanced optimal levels.

Optimal provisions levels are as follow:

• 5.4 Recreation – expanding recreation hours for detainees in general population from 1 to 4 hours seven days a week.

• 5.4 Recreation – expanding recreation hours for detainees in administrative segregation from 1 to 2 hours per day, seven days a week.

• 5.4 Recreation – expanding recreation hours for detainees in disciplinary segregation to at least one hour per day, seven days a week.

• 5.7 Visitation - expand visitation hours to include 8 hours of visitation on weekdays/weeknights, and 10 hours on weekends and holidays.

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• 6.3 Law Library – expanding law library, legal and related material access to 15 hours per week, when requested by the detainee and where resources permit.

While the agency looks to offer the optimal levels of recreation time established in the PBNDS 2011 (2016 Revision) to detainees housed at the KROME SPC, detainees may opt out not to participate in recreation time. On those instances, contractor must accommodate such detainee population ensuring both groups (in recreation and those who opt out) are adequately guarded and observed during recreation hours.

Contractor is responsible for ensuring that the Krome SPC conforms to ACA, 2011 PBNDS (2016 Revision), and other DHS/ICE policies and procedures. The Contractor at a minimum must:

Ensure fire and emergency exits remain unimpeded to permit prompt evacuation of detainees and staff members in an emergency.

Ensure all employees will be knowledgeable of all facility evacuation plans and procedures, including the location of all exits to be used in evacuations.

A supervisor must conduct an inspection of the detainee housing areas to include the locks, windows, walls, floors, ceilings, ventilation covers, access panels and doors at least once per shift for operational wear and detainee tampering. This must be logged in the security logbook for COR inspection and review. All defective equipment must be reported to the COR in writing immediately and a work request form must be submitted to the Government for conditions discovered requiring repair.

The SPC is subject to periodic and random inspection by the COR, Detention Service Manager (DSM), Detention Standard Compliance Officer (DSCO), or other officials (e.g., ACA, OPR, OIG, DHS, and Foreign Counselor Officers) to ensure compliance with all applicable standards.

Contractor must immediately rectify any deficiencies found and/or submit a corrective plan of action for approval to the COR or ICE designee.

4.2.1.3 Virtual Attorney Visitation (VAV)

In an effort to facilitate improved detainee access to legal representatives, U.S. Immigration and Customs Enforcement (ICE) has implemented VAV in many ICE detention facilities nationwide.

The Krome SPC is one of them. The VAV program utilizes common web conferencing and video conferencing applications to enable legal representatives to meet with their clients or prospective clients virtually using video technology in private rooms or booths to ensure confidentiality of communications during remote legal visits. VAV is not a substitute for in-person meetings, however, it does provide an alternative for legal service providers to communicate with clients in a timely and efficient manner.

• The same guidelines in applicable ICE detention standards for in-person attorney/client visits will apply to virtual attorney client meetings and legal calls. Only legal representatives, legal assistants, and interpreters will be allowed; no family or friends of

15 | P a g e the clients are permitted. The attorney and/or his/her agents may contact outside interpretation services during the call or session. To ensure confidentiality of communications between detained non-citizens and legal representatives, the existing visitation officer must maintain safety and security for all detained non-citizens/residents utilizing VAV. The officer must be stationed outside of the confidential room standing out of earshot but within eyeshot. The officer will knock 5 minutes before the cut off time.

• Phone booths should be soundproofed to at least the 30-35 decibel (dB) level to keep

VAV conversations private.

• VAV rooms or booths must have closeable doors and the Contractor should ensure visibility of detainees through windowed doors or other alternatives to ensure safety, while still maintaining confidentiality of the attorney-client communication. Booths should be detention grade. Features of a detention grade secure video visitation booth (SVVB) include a bench, (optional) desk integration, hardware-agnostic video mount and chase, LED lighting, acoustic paneling, visibility windows, and a ceiling of heavy-duty security caging for HVAC and fire suppression access.

• The Contractor must provide and install one (1) FAX-compliant plain old telephone service (POTS) lines, and a VTC line.

• The Contractor is required to provide, install, and maintain all cabling for the VAV booths, as well as provide the internet connectivity to support the booths. The cabling is required to meet the ICE Cabling Standards attached to this PWS. Please note within the ICE Cabling Standards, each booth is required to have two data drops, cabling can be surface mounted but must have tamper proof fasteners.

• When not being utilized for legal visitation, these booths may be used for asylum interviews, credible fear interviews, forensic competency evaluations, or immigration judge (IJ) review hearings. VAV deliverables will not be applied in these situations.

The VAV program must be operational within 2 months of contract award to include training of staff, implementation of VAV procedures, and policy updates. If you’re unable to meet the identified timeline you must provide written notification regarding the issues precluding compliance with the requirements.

Deliverables:

All deliverables listed below must be submitted to the Contracting Officer Representative (COR) within 3 months of contract award for review and approval:

• The Contractor must create and implement procedures, in writing, through which legal representatives can utilize an online scheduling system to verify legal representatives and schedule legal visits or confidential legal calls. The procedures must be added to the

16 | P a g e posted Legal Visitation Rules for each facility and be made available to the COR for posting on the facility webpage on ICE.gov.

• The Contractor must appropriately staff the online scheduling system to ensure timely scheduling and response to requests.

• The Contractor must create and implement procedures, in writing, through which detained individuals and legal representatives may exchange confidential and non-confidential messages (such as the use of a dedicated email box or electronic messaging platforms). The Contractor must send the written procedures to the ERO COR for posting on the facility webpage on ICE.gov.

• The Contractor must create and implement procedures, in writing, through which detained individuals and legal representatives may exchange confidential documents, via electronic means (e.g., facsimile or email), such as to obtain signatures. The Contractor must send the written procedures to the ERO COR for posting on the facility webpage on ICE.gov.

The Contractor must maintain a usage log of the VAV and provide this to the ERO COR on a monthly basis. The usage log must be provided using Microsoft Excel and include the following data elements:

1) Name of detainee and A#

2) Name of legal representative

3) Length of Call

4) Wait time (if applicable)

5) Interpreter Needed (if applicable)

6) Interpreter Language (if applicable)

All procedures and or manuals must be provided to the COR for review annually. The Contractor must notify ICE if the scheduling process changes, in advance of the changes taking effect.

4.2.2 Medical and Health Services

The ICE Health Services Corp (IHSC) is responsible for providing all health care services for detainees in the custody of ICE. The IHSC provides medical coverage at the facility 24 hours per day, seven days per week. To support the medical services, the Contractor must develop and comply with written policies and procedures for appropriately addressing the health needs of detainees in ICE custody and approved by the COR or ICE Representative. These written policies and procedures must include, but are not limited to, the following:

• Provide security for the residential facility. When patients are housed in the Medical Housing Unit (MHU) and Krome Behavioral Health Unit (KBHU), a security guard must be posted at the medical units 24 hours a day, seven days a week.

• Promptly recognize and summon health services staff in cases of emergency.

• Coordinate and escort detainees to the medical clinic for sick call, appointments, and the pill line. Note: Optimum functioning of health services depends on a continuous flow of

17 | P a g e patients to and from the clinic with an average of one patient per provider every 10 minutes. For a clinic of this size, patient flow could be as high as 200+ patients per day.

Escort personnel must be assigned accordingly.

• Ensure detainees are properly controlled and segregated while at the clinic.

• Provide positive control of detainees to prevent any disruption, excessive noise, or other prohibited behavior while at the clinic.

• Provide detainees written instructions for gaining access to health care services.

Procedures must be explained to all detainees in the detainee's native language, and orally to detainees who are unable to read. The Contractor must provide instructions and assistance in personal hygiene, dental hygiene, grooming, and health care, as needed.

These instructions must be in English, Spanish, Creole, and other language requested and approved by the COR or ICE Representative.

• Separate detainees from the general detainee population who are suspected of having communicable or debilitating physical problems must be immediately notify IHSC staff.

• Evacuate detainees as deemed necessary by qualified medical personnel.

• Written report to IHSC of any observed behavioral problems and suicidal observations made upon detainees not diagnosed as psychotic and maintain continual visual observation of these detainees. A copy of this report must be immediately provided to the COR and approved by the ICE Representative and confirm a plan of action for all situations involving potentially dangerous behavioral problems, imminent and evident threats of suicides, and all other urgent requests for medical treatment.

• Coordinate with IHSC to provide information as needed for IHSC-related, non-medical required documents.

• Deliver written detainee health complaints to the IHSC medical facility Health Services

Administrator (HSA) for appropriate follow-up.

Written DHS/ICE policy and defined procedure must require that health care complaints are responded to and that a sick call, conducted by IHSC personnel, is available to detainees daily.

If a detainee's custody status precludes attendance at their sick call, arrangements must be made to provide sick call services in the place of the detainee's detention. A minimum of one sick call must be conducted daily. IHSC reserves the right to conduct triage and sick call in the place of the detainee's detention. In these situations, the Contractor must:

• Ensure that a Detention Officer is present for observation and detainee control during any sick call services in the pod or barracks.

• Maintain IHSC provided basic first aid kits. First aid kits must be always available and must be located throughout the facility.

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4.2.3 ICE Detainees receiving Mental Healthcare Services

The contractor must provide guard services to ICE detainees that have been identified as having mental health problems. These guards/officers will be subject to an additional Mental Health training and screening before being assigned to the applicable posts.

4.2.3.1 Larkin Community Hospital Behavioral Health Services

ERO and IHSC have an agreement with Larkin Community Hospital Behavioral Health Services in Hollywood, FL to house up to 12 long-term detainees receiving mental health care services.

These detainees are stable but require continuous monitoring and, in certain cases, assisted living services. The Larkin medical staff works with IHSC in providing treatment. ERO must provide guard and transportation services for these detainees. Larkin Community Hospital Behavioral Health Services is located at 1201 N 37th Ave, Hollywood, FL 33021

4.2.3.2 Krome Behavioral Health Unit (KBHU)

KBHU is a 30-bed residential facility at Krome SPC that houses detainees receiving non-acute mental health therapy. These detainees are stable and will not require assisted living services.

Contractor employees assigned to posts in the KBHU will be expected to attend at least eight hours of a nonviolent crisis intervention training provided by a certified instructor. This training requirement should be addressed in the training plan delivered to the COR for approval.

4.2.4 Positions at Miami International Airport (MIA)

The Contractor must provide Detention Officers to escort and guard detainees, assist with departures and arrivals at MIA. The Contractor is expected to provide coverage at MIA weekdays between 4am and 10pm or as directed by ICE. The Contractor must provide a sufficient number of Detention Officers and Supervisors to meet the following objectives:

• All contractor employees assigned to the airport operations will assist with departures and must conduct the following activities: provide positive identification of the detainee;

prepare and review documentation; obtain boarding passes from airlines; provide transportation; escort detainees using appropriate restraints; maintain visual awareness of all possible exits to prevent detainee escape; place detainee on the appropriate departing flight; remain at the gate until the aircraft is airborne; certify departure in writing to the COR or the ICE Representative; and return all DHS/ICE documentation to the appropriate ICE supervisor upon completing the escort assignment.

• The contractor supervisor must request in advance additional staff or overtime to the airport operations SDDO or temporary designated SDDO to accommodate these activities.

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• Contractor employees will be required to transport detainees to and from removal flights and to and from detainee transfer locations. Contractor employees will also be required to transport detainees to and from COVID PCR testing sites.

• Contractor employees are responsible for retrieving and maintaining restraints furnished and used in carrying out departures when required.

• Contractor must designate a supervisory contract employee(s) to provide direct supervision of contract employees assigned to the airport and serve as the liaison point with the Government and coordinate detainee custody transfers and detainee escort assignments, as required.

• Contractor must comply with all Miami Dade Aviation Department (MDAD) training and licensing requirements to operate at the airport. Contractor must abide to airport strict policies and procedures. Any violations will negatively impact ICE continuity of access and ability to operate at the airport. Contractor personnel assigned to Miami International Airport (MIA) must obtain and maintain necessary access and identifications. Contractor personnel will be required to have a valid and unexpired Florida driver’s license to obtain an Air Operations Area (AOA) driver’s permit issued by the MDAD. Also, contractor personnel will be required to obtain and maintain a valid Secure Identification Display Area (SIDA) badge issued by MDAD for access, to include but not limited to, the tarmac. MIA SIDA badge must always be displayed while on duty.

• Contractor employee(s) must provide general security at the ICE detainee holding area authorized by an ICE Officer. The Contractor must provide meals and water for detainees in custody.

• Contract employees may be required to swear or affirm and witness arrival(s) or departure(s) involving the detainee(s) when requested by ICE.

• Authorized vehicles on MIA property must abide by the rules and regulations stipulated by the MDAD and the Letter of Agreement for Vehicle Permit Aircraft Operations area.

• Contractor is responsible to coordinate and arrange with MIA for employee parking.

• Physical space needed to accomplish performance of contract required duties at the MIA will be provided by the government.

4.2.5 Mobile Communication Plan for Detention Officers

The Contractor must provide Motorola XTS 5000 mobile radios or equivalent technical features.

The Contractor must ensure that all Detention Officers will be trained to use the equipment properly and that the radios are charged and used accordingly to all post orders.

4.3 Transportation Services

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The Contractor must provide armed Detention Officers to transport and guard detainees.

Transportation Detention Officers, when not performing transportation functions, may be used to augment staff at the facility during high detainee population levels or as required by the COR or ICE designee. The Contractor must provide a sufficient number of Transportation Detention Officers and Transportation Supervisors to meet the following objectives:

• The Contractor must provide secure and safe transportation of detainees to and from locations designated by the COR or ICE Representative; must receive intensive training in safe, effective procedures for restraining, controlling, and managing detainees during transport; and must be subject to the same regular, unannounced drug and alcohol testing provided to all other officers.

• The Contractor must develop Post Orders for all proposed post assignments in accordance with Section C.5. Post Orders must be approved by the COR or ICE Representative.

• The Contractor must ensure that Transportation Services are performed in accordance with the terms and conditions of this contract, Post Orders, ACA standards, the ICE 2011 PBNDS (2016 Revision), and the ICE F.L.E.E.T. Home Management program (see Section C.24).

• The Contractor must ensure that officers are properly trained in accordance with Section

C.14 to include intensive training in safe, effective procedures for restraining, use of force, controlling and managing detainees during transport.

• The Contractor must ensure that during all transport activities, at least one Transportation

Detention Officer that is the same sex as the detainee(s) is present.

• The Contractor must provide Transportation Detention Officers for 24-hour service facilities and/or hospitals when needed. A two Detention Officer Team is required for each transport run. However, more Officers may be required, depending on the number of detainees to be transported, hospitalized, and / or the level of security required at the hospital or facility.

• The Contractor must provide at least one Transportation Supervisor Detention Officer to ensure adequate supervision, coordination and review of employee performance while ensuring the safety, security, and coordination of transport operations with the appropriate ICE designee.

• A snack and water must be offered to detainees when transport exceeds six hours. This snack must not include the use of utensils or in packages or containers that represent a threat to detainees or Contractor personnel.

• The Contractor is prohibited from using employees privately owned vehicles to transport detainees.

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• Armed Transportation Officers must re-qualify with their weapon on a quarterly basis and must report these results to the COR. Contract Officers weapon qualification must mirrors ICE Officers requirements to the maximum extent possible.

• The Contractor must comply with ICE transportation standards, as well as State and Federal Transportation Laws related to the number of hours the Contractor employee may operate a vehicle.

• Transportation officers must have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and the state DMV Medical Certification.

• The Contractor must ensure that records and documentation concerning the detainee(s) to be transported and/or escorted are delivered to only the named authorized recipients. The Contractor must ensure detainee material is kept confidential and not viewed by any person other than the authorized recipient.

• The transportation operations must be accomplished in the most economical manner for the Government notwithstanding the requirements herein.

• Fort Myers Sub-Office. In addition to transportation services…