HSBP1012R0020 A0011_ 8.30.12.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11. CONTRACT ID CODE IPA~E OF PAGES

I 1

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. ,5. PROJECT NO. (If applicable)

A0011 08/30/2012 20067677

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE I Department of Homeland Security Department of Homeland Security Customs and Border Protection Customs and Border Protection Procurement Directorate Procurement Directorate 1300 Pennsylvania Ave, NW, STE 1310 1300 Pennsylvania Ave, NW, STE 1310 Washington, DC 20229 Washington, DC 20229

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION

....:........:. NO.

D HSBP1012R0020

9B. DATED (SEE ITEM 11)

03/16/2012

- - 10A. MODIFICATION OF CONTRACT/ORDER NO.

D 10B. DATED (SEE ITEM 13)

CODE I FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

~ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, ~ is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

NA

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

D D

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

D

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor D is not, ~ is required to sign this document and return ----- copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment hereby incorporates the following two items:

1. Addenda to the Collective Bargaining Agreements have been provided to CBP and are hereby incorporated into the solicitation.

2. A clerical error was discovered in the PWS Appendix B Route ID "DRT 02" Days Per Week column and is hereby corrected.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Kerri A. Bishop

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

NSN 7540-01-152-8070

Previous edition unusable

15C. DATE SIGNED 16C. DATE SIGNED

D FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT - Continuation

1. CONTRACT ID CODE

PAGE OF PAGES2. AMENDMENT/MODIFICATION NO. 3. EFF. DATE 4. REQUISITION/PURCHASE REQ. NO.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

2 2A0011

STANDARD FORM 30 (REV. 10-83)

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HSBP1012R0020

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Text Box ---3---- The PWS Appendix B correction is highlighted in yellow.

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ATTACHMENTS:

-----3 CBA Addenda Revised PWS (see Appendix B) -------3------ The CONTRACT TYPE clause is adjusted

HSBP1012R0020

CUT SHEET�

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HSBP1012R0020 A0011

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����������REVISED PERFORMANCE WORK STATEMENT (PWS)

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Performance Work Statement for DHS CBP Transportation Program

U.S. Department of Homeland Security

Customs and Border Protection

Performance Work Statement (PWS) For

Southwest Border (SWB)

Transportation, Medical Escort and Guard Services

August 30, 2012

Table of Contents

1. BACKGROUND

2. SCOPE

3. APPLICABLE DOCUMENTS

4. PERFORMANCE REQUIREMENTS AND STANDARDS

4.1 Management

4.2 Mission Achievement…………………………………………………………………... 6

4.3 Professionalism, Safety and Security ………………………………………………….. 6

4.4 Monthly Transportation Plan

4.5 Fuel Savings Plan………………………………………………………………………..8

4.6 Notifications

4.7 Weekly Status Report

4.8 Metrics Reporting System…………………………………...…………………………13

4.9 Risk Mitigation …………………………………………………… ...…….…………..13

4.10 Environmental, Safety and Occupational Health (ESOH)

4.11 Technical Requirements……………………………………...……………………….14

4.12 Operational Capability Requirements……………..………...…………….………….21

5. DELIVERABLES AND DELIVERY SCHEDULE

5.1 Program Management Plan

5.2 Logistics Support Plan……………………………………………………… ....………28

5.3 Standard Operating Procedures (SOPs)

6. GOVERNMENT FURNISHED EQUIPMENT AND INFORMATION

7. PLACE OF PERFORMANCE

8. PERIOD OF PERFORMANCE

9. SECURITY

9.1 Controls

9.2 Identification Badges

9.3 Security Background Data

9.4 Notification of Personnel Changes

9.5 Separation Procedures

9.6 General Security Responsibilities During Performance

10. QUALITY ASSURANCE SURVEILLANCE PLAN

11. SPECIAL CONSIDERATIONS

11.1 Changes to PWS

11.2 Travel

11.3 Non-Disclosure of Information

APPENDICES…………………………………………………………………………………..32

(A) Operational Availability hours for CBP Mission Support Base……………………………..32

(B) Concept of Operations (CONOPs) for CBP Mission Support Base……..………………

(C) Transport points and mileage for CBP Mission Support Base CONOPs……..…………

(D) List of Acronyms……………………………………………………….……..…………

1. BACKGROUND:

As a component of the United States (U.S.) Department of Homeland Security (DHS), Customs and Border Protection (CBP) is responsible for protecting our Nation’s borders in order to prevent terrorists and terrorist weapons from entering the U.S.; while enhancing security, and facilitating the flow of legitimate trade and travel. CBP is responsible for the detection and apprehension of individuals illegally entering the U.S.; stemming the flow of drugs and other contraband; protecting our agricultural and economic interests from harmful pests and diseases;

protecting American business from theft of their intellectual property; and regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. In 2011, CBP apprehensions averaged over 897 detainees per day that required transportation and guard services. The majority of all apprehensions occur within the CBP Southwest Border (SWB) Sectors and Field Offices.

Supporting this responsibility, CBP has identified requirements for detainee transportation, medical escort, and facility guard service capabilities that minimize the use of frontline agents and officers to perform guard and detainee transportation duties. These capabilities must deploy the most efficient mix of detention vehicles and human resources capable of adjusting to changes in transportation demand that may vary by shift, day, week, or season. The solution includes the use of Contractor support to provide the detainee transportation services in order to redirect agents and officers toward more traditional law enforcement duties. Contract support must strike a proper balance in terms of timeliness and efficiency when responding to the unique demands of frontline agents and officers.

This program supports operational mission requirements established by the Office of Border Patrol (OBP) and Office of Field Operations (OFO), both within CBP. Throughout this PWS, the term “Government” is used interchangeably with CBP.

2. SCOPE:

The Contractor shall provide performance-based transportation, medical escort, and facilities guard services. Transportation services will include escort, guard, and transport services for detainees in DHS custody. CBP defines a detainee as any person regardless of citizenship or nationality who is detained by CBP or any other law enforcement agency. The scope of this contract does not include transportation of violent prisoners. Transportation services will also entail over-the-road transport services in vehicles of sufficient capacity to meet the performance standards, courtroom transportation, detention facility booking transportation, security services and other related transportation and guard duties. The medical escort and facilities guard services include escort and guard services of detainees in DHS custody while at a medical treatment facility, and provide security back-up to transportation officer in a vehicle and other guard services as directed by the Contracting Officer’s Representative (COR) or a Task Order Monitor (TOM) designated by the Contracting Officer (CO).

Throughout this document, the functional titles of the contractor positions that will perform the required services will be referred to as the following:

Transportation Officer (TO) – Contractors that provide secure detainee transport, escort, and facility guard services. TOs must possess a state-issued Commercial Drivers License (CDL).

Medical Escort Officer (MEO) – Contractors that provide secure detainee escort and guard services at designated medical facilities. MEOs are not required to possess a state-issued CDL.

The missions of the Transportation Program are to provide transportation, medical escort and other transportation related facilities guard services for detainees in DHS custody. A Transportation Plan will be prepared monthly to schedule assignments; however, tasking may change day-to-day based on operations. The types of missions are described as follows:

Field to Station transports occur near the border or from apprehension locations established on known egress routes and end at a station.

Station or Port of Entry (POE) to Detention or Removal transports are conducted after the detainee has been processed. Detainees are transported from Station to Detention or Removal at a POE. This mission includes lateral repatriation across Sectors such as the Alien Transit Exit Program described in Appendix B.

Station or POE to Station, POE or Other Destination transports are after the detainee has been apprehended at a POE or transported to a station, yet the detainee has not been processed and a final disposition of the detainee has not been determined (i.e. the detainee requires transportation to court, medical facility, etc. prior to being returned to the country of origin or held for prosecution).

Medical Escort and Other Facilities Guard services include escort and guard services of detainees in DHS custody while at a medical treatment facility or other DHS facility.

These duties shall include, but not be limited to: monitoring detainees in custody, serving detainees prepared meals provided by the government, searching holding cells for weapons or contraband, conducting limited pat-downs and other guard and transportation services as directed by the Contracting Officer’s Representative (COR) or a Task Order Monitor (TOM) designated by the Contracting Officer (CO).

The required services supporting CBP will be performed in the nine Border Patrol sectors of San Diego, El Centro, Yuma, Tucson, El Paso, Marfa, Del Rio, Laredo and Rio Grande Valley and within their areas of responsibility to include Border Patrol stations, Field Offices, Ports of Entry, highway checkpoints, processing centers, hospitals, courts and detention centers. Services include over-the-road transportation and guarding of foreign nationals (males, females, minors and Unaccompanied Alien Children (UAC)). Schedules may be identified by a route or identified as a staging point where the transport will be determined, as needed. These services are required 24 hours per day, 7 days per week. The table below provides statistics on average daily apprehensions. Detainees are transported by Agents and Officers as well as by contract services.

CBP Sectors FY11 Daily

Apprehensions % Adult

Males % Females % UAC1 San Diego (SDC) 116 92% 6% 2% El Centro (ELC) 83 91% 7% 2% Yuma (YUM) 16 87% 8% 5% Tucson (TCA) 338 82% 12% 6% El Paso (EPT) 28 82% 11% 7%

Big Bend/Marfa (MAR) 11 90% 6% 4% Del Rio (DRT) 44 87% 7% 6% Laredo (LRT) 99 80% 14% 6%

Rio Grande Valley (RGV) 162 73% 19% 8%

While most transport occurs within the geographic area defined by Sectors, there are several programs requiring transport across Sector boundaries. The Alien Transfer and Exit Program (ATEP) require the transport of detainees from the Sector in which they were apprehended to a distant Sector for repatriation. Depending on the transport distance this may be accomplished by a single trip transport or a series of transfers across state lines (California, Arizona, New Mexico, and Texas).

The Contractor shall be prepared to respond to unexpected situations, such as flooding, fires or national incidents, if emergency evacuation support is needed by the Government.

Requirements will be expressed in terms of required capability and capacity to allow the vendor to properly resource the contract. For example, Transportation Mission Capacity (e.g.

single mission volume) is defined as:

Low: Transportation Missions with 1 – 13 detainees

Medium: Transportation Missions with 14 – 22 detainees

High: Transportation Missions with 23 – 47 detainees

The following table illustrates the number of vehicles required (based on their transport capacity) to support each type of transportation mission.

Vehicle Capacity Transportation Mission Capacity

Low Medium High Low:

Transportation Missions with 1 – 13 detainees

1 1 1

Medium:

Transportation Missions with 14 – 22 detainees

2 1 1

High:

Transportation Missions with 23 – 47 detainees

4 3 1

Note – the exception to the above table is that routes that are at least three hours in duration require a medium or high capacity vehicle (one with an installed lavatory). These routes are

1 UAC: Unaccompanied Alien Children noted with an asterisks (*) under the routes tables in Appendix B.

Performance requirements are established to focus on outcomes. These include:

Operational Responsiveness – is demonstrated by providing timely transportation, medical escort and facilities guard services scheduled each month for each Sector.

Operational Flexibility – is demonstrated through accomplishment of Ad Hoc changes to specific transportation, medical escort, and facilities guard tasks.

Operational Efficiency – is initially demonstrated with a proposal committing an optimum number and mix of vehicles, personnel, law enforcement equipment, training, and associated products to provide contract services. Following award, operational efficiency is demonstrated in flexible contract performance by providing timely services that minimize Agent and Officer wait times. Additionally, efficiency is demonstrated through implementation of initiatives that provide fuel savings.

Professionalism, Safety and Security – is initially demonstrated through licensing, certification, and qualification of staff with applicable laws and policy. The proficiency demonstrated by these items are needed to ensure the safety and security of mission support for the contract staff, detainees and all others with whom they come in contact.

3. APPLICABLE DOCUMENTS:

The Contractor shall be knowledgeable with all relevant legal, regulatory, policies, and legal documents. Although not exhaustive, the following guidance applies:

CBP Policy, Use of Force and Use of Restraints CBP Policy, Approved Escort CBP Policy, Secure Detention, Transportation & Escort Procedures at Ports of Entry CBP Handbook, Personal Search

These, and other documents and updates will be made available to potential bidders by the Contracting Officer via a virtual reading room.

The following Federal Agencies and regulations also apply to this acquisition:

Federal Motor Carrier Safety Administration (FMCSA) http://www.fmcsa.dot.gov Federal Motor Carrier Safety Regulations, United States Code of Federal Regulations, Title 49, Parts 40, 300-399, and Appendix G to Subchapter B – Minimum periodic inspection standards

National Highway Transportation Safety Administration (NHTSA) http://www.nhtsa.gov Federal Motor Vehicle Safety Standard, United States Code of Federal Regulations, Title

49, Part 571

4. PERFORMANCE REQUIREMENTS AND STANDARDS:

The performance objective for this PWS is to provide secure detainee land transportation from point of arrest, station to station, station to port of entry for removal, detainee escort services, court security transportation, medical escort, facilities guard, and other detainee monitoring duties in an effective, efficient, and flexible manner to meet the Government’s operational requirements throughout the SWB. Safety and security of Contractor personnel, detainees, and the public at large shall remain a top priority. All transportation and security objectives shall be met through compliance with all applicable state and federal regulations as well as the policies and procedures included in Section 3. In addition, the Contractor shall comply with any additional standards and guidelines regarding the use of force, the use of restraints, and escort standards that are provided to the Contractor during performance under the task order/contract.

Should a conflict exist between any of the standards, the most stringent shall apply. If the Contractor is unable to determine which standard is more stringent, the Contracting Officer (CO) shall determine the appropriate standard. The Contractor shall be responsible for all costs associated with providing the services specified in the task order/contract.

4.1 Management

4.1.1 Program Management

Performance Requirement:

An overall Program Manager will be responsible for all activities outlined in the PWS.

The Program Manager is designated as key personnel. Contractor personnel that are proposed for key management positions require relevant management experience, skills, and training that will allow them to be successful in that position.

Performance Standard:

Provide a point of contact that is knowledgeable in all aspects of operations to include overall contract compliance, operational management, process improvement, and contract deliverables. Individual should also have a proven track record of managing relationships with customers at all levels of a large government agency or comparably sized private company. This individual should have at least 15 years of successful employment history demonstrating a strong ability to manage large contracts. The contractor may propose a combination of education, training and employment history as long as they are relevant and meet or exceed the 15 year requirement. The Program Manager must be in place at the award of the contract.

4.1.2 Sector Management

Performance Requirement:

A Sector Manager will be responsible for day-to-day activities within each Sector outlined in the PWS. The Sector Manager is designated as key personnel.

Performance Standard:

Provide a point of contact for each Sector who is knowledgeable in operational management of contract operations. Individual should also have a proven track record of managing staff, scheduling, and customer relations. This individual should have at least 10 years of successful employment history demonstrating strong management skills. The contractor may propose a combination of education, training and employment history as long as they are relevant and meet or exceed the 10 year requirement. The Sector Managers must be in place at the award of the contract.

4.2 Mission Achievement

4.2.1 Operational Responsiveness

Performance Requirement:

Complete all missions in the Government approved Monthly Transportation Plans (unless amended by other government directed changes) in a timely fashion. The Government will not hold the Contractor accountable for route delays that are outside the control of the Contractor.

Performance Standard:

At a minimum, 95% of all routes identified in the Government approved Monthly Transportation Plans begin on time and are completed.

4.2.2 Route Change Implementation

Performance Requirement:

Complete government requested changes to the Government approved Monthly Transportation Plans in a timely fashion.

Performance Standard:

At a minimum, 90% of the Government-requested route changes to the Government approved Monthly Transportation Plans were implemented and begin on time. The contractor is not required to have employees on standby to meet this requirement but to re-assign resources. With concurrence from the government, this may involve re-assignment of contract staff already on that day’s schedule or it may require dropping a route scheduled later in that month to trade-off for a route that is added on another day that month.

4.3 Professionalism, Safety and Security

4.3.1 Personnel Qualification Compliance

Performance Requirement:

All personnel are properly licensed and certified for their assignments in accordance with federal, state, and local jurisdiction requirements. Contractors must abide by firearms regulations, qualifications, and training standards for the state in which they plan to perform their assignments. The Contractor must determine the number of annual refresher training hours that is required to maintain ‘currency’ based upon personnel being properly licensed and certified for their assignments in accordance with federal, state, and local jurisdiction requirements.

Performance Standard:

100% of all personnel are licensed and certified for their assignments. Should any contractor personnel fail to maintain ‘currency’, they shall not be assigned to any mission until they are properly licensed and certified. Contractor maintains records available for government audit upon request.

4.3.2 Policies and Procedures Compliance

Performance Requirement:

All management policies and procedures are complied with. Ensure detainee escapes, repatriation of pre-processed detainees, etc. do not occur. Should a reportable event occur, subsequent investigation by the Contractor, as accepted by the Government, demonstrates that Contractor personnel followed all policies and procedures established to prevent detainee escapes, repatriation of pre-processed detainees, etc.

Performance Standard:

100% of all management policies and procedures are complied with. No detainee escapes, repatriation of pre-processed detainees, etc. occur due to not following policies and procedures.

Contractor maintains records available for government audit upon request. Reportable events that do not meet this performance standard are subject to risk mitigation actions as described herein.

4.3.3 Safety Record

Performance Requirement:

Ensure vehicle mishaps and personnel injuries do not occur. Should an uncontrollable or unforeseen event occur, subsequent investigation by Contractor, as verified by Government, should demonstrate that Contractor personnel followed all policies and procedures established to prevent vehicle mishaps and personnel injuries. The Contractor shall maintain a Federal Motor Carrier Safety Rating.

Performance Standard:

No vehicle mishaps or personnel injuries occur due to not following policies and procedures.

The Contractor shall maintain throughout the life of the contract a ‘Satisfactory’ Motor Carrier Safety Rating issued by the Federal Motor Carrier Safety Administration. Further details available at: http://www.safersys.org. Contractor maintains records available for government audit upon request.

4.3.4 Professionalism

Performance Requirement:

Contractors transporting or guarding CBP detainees shall wear uniforms that allow them to be easily recognizable by other CBP Agents and Officers for their assigned function. Uniforms must be worn at all times while on duty and include equipment requirements listed in the CBP Use of Force Policy. Contractors may not wear any lethal or non-lethal force devices on their person unless they are in proper uniform. CBP does not require bulletproof vests; however, the Contractor may choose to issue bulletproof vests to its personnel as part of its uniform.

Sufficient quantities of uniforms shall be issued to provide officers with clean serviceable uniforms for daily use. The International Union, Security, Police, and Fire Professionals of America (SPFPA) Collective Bargaining Agreement’s established uniform requirements are considered acceptable.

Uniformed contract employees must represent CBP with a high level of professionalism while performing their duties. Contractors shall treat all persons with courtesy and respect.

Contractors shall not act in any manner that may compromise security or the accomplishment of the transportation mission.

Performance Standard:

Transportation Officers and Medical Escort Officers shall wear a uniform in accordance with the contractors established guidelines and procedures that presents a professional image; clean, neat and functional. This includes the CBP Use of Force equipment requirements of:

One deadly force device One intermediate force device One set of handcuffs

All contract employees are expected to:

Exercise good judgment Interact with people in a professional manner Maintain a high level of performance Maintain poise and self-control under stress

4.4 Monthly Transportation Plan

Performance Requirement:

Prepare a Monthly Transportation Plan which details the contract resources and schedules needed to meet required performance requirements for the upcoming month. These reports shall update the previous month’s transportation plan to account for adjustments based on operational decisions and priorities made by the government. Scheduled routes may be defined by starting point, waypoints and an ending point. Alternatively they may be designated Ad-Hoc with the contractor staging at a specified location during the shift and awaiting a transport assignment within the operating area.

Contractor sector managers will work with CBP sector TOMs to develop the monthly transportation plans, which specify run times and schedules for each route. The TOMs will approve the final monthly transportation plans.

Performance Standard:

The Contractor shall submit a Monthly Transportation Plan for the upcoming month for each sector to their respective TOM, or the On-Duty Supervisor (ODS), for approval by the 25th calendar day of each month. All documentation shall be provided electronically in PDF or Microsoft Word format to their sector TOM. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.5 Fuel Savings Plan

Performance Requirement:

Propose and implement a fuel savings plan. Throughout the period of performance, the Contractor shall continue to explore and propose fuel savings initiatives.

Performance Standard:

Pursuant to the Energy Policy Act, Executive Order 13423, fuel savings initiatives such as procedures to reduce vehicle idle time, locate lowest cost fuel suppliers, and obtaining quantity discounts are implemented and efficiency strategies such as low rolling resistant tires, synthetic oils, and other technologies are employed. The Contractor shall submit a Fuel Savings Plan to the COR within 30 days after contract award and Quarterly Fuel Savings Reports to report progress on fuel savings initiatives to the COR by the 15th of January, April, July and October for the previous fiscal quarter. The Fuel Savings Plan and Fuel Savings Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.6 Notifications

Report all incidents referenced in subparagraphs 4.6.1 through 4.6.7 below to the following parties via email immediately upon occurrence of the incident:

COR/TOM/ODS

Contracting Officer

Contract Specialist

Program Manager/Director and Deputy

When the government identifies a reportable incident, an appropriate representative will notify the Contractor, when such information will not compromise any on-going investigation. The Contractor shall then take appropriate action to meet task order/contract reporting requirements.

4.6.1 Investigation Reports

Performance Requirement:

Provide immediate notification of any investigations initiated by the contractor that may potentially impact performance on the contract to the COR and TOM.

Performance Standard:

Provide immediate notification to the COR/TOM/ODS of any investigations initiated. Provide the COR and CO with the written results of any investigation conducted by Contractor relating to the services provided by this contract within 24 hours of completion. This includes any informal investigation of a contractor suspected of not complying with Section 4.3 of this PWS or of a contractor being able to maintain required license or certifications to perform services under this contract.

Investigation Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request

4.6.2 Vehicle Accident Reports

Performance Requirement:

Provide immediate notification to the COR/TOM/ODS in the event of a vehicle accident, whether or not detainees require medical attention.

Provide the COR, TOMS, and CO with the written detail of any accident within 24 hours of incident. Vehicle Accident Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.6.3 Detainee escapes or attempts to escape while under the Contractor’s care and custody

Performance Requirement:

Provide immediate notification to the COR/TOM/ODS in the event of a detainee escape or attempt to escape from custody while under the Contractor’s care and custody.

Performance Standard:

If a detainee escapes or attempts escape, the contractor shall not jeopardize the security of the remaining detainees by chasing the escapee. Instead, contractor shall immediately notify the COR/TOM/ODS and nearest CBP facility, providing the escapee’s name, height, weight, type of clothing, and direction of flight (if known). The COR/TOM/ODS shall relay this information directly to local law enforcement agencies.

The contractor shall prepare a fully documented written report of the escape and/or attempted escape and provide to the COR, TOM, and CO within 24 hours of the incident. Escape or Attempts to Escape Reports shall be submitted electronically in PDF or Microsoft Word format.

All documentation shall be retained by the Contractor throughout the duration of this program and available upon request.

4.6.4 Mission Impacting Mechanical Vehicle Problems

Provide immediate notification to the COR/TOM/ODS on any mechanical vehicle problems, which might cause a delay in the transporting of detainees. This notification is required even for cases that do not require the Government to respond to the site of the incapacitated vehicle.

Performance Standard:

Provide the COR, TOM, and CO with the written detail of any mechanical vehicle problem which caused an actual delay in the transporting of detainees within 24 hours of incident.

Mission Impacting Mechanical Vehicle Problem Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.6.5 Use of Force

Performance Requirement:

Provide immediate notification to the COR/TOM/ODS and CO in the event of any use of force by Contractor personnel.

Performance Standard:

Provide a written report to the COR, TOM, and CO within 24 hours of the event that includes the following:

Date, time and location of the event

Device(s) used

Name and date of birth (if known) of the subject(s)

Nature and the extent of injuries claimed or observed

Current location of the subject

Any additional information as requested by the TOM.

.Use of Force Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.6.6 Terrorism

Performance Requirement:

Notify the COR/TOM/ODS immediately of any incident related to or potentially related to terrorism or other criminal or threatening events witnessed by the contractor during the performance of their duties, such as:

Encounter of suspected Weapons of Mass Destruction (WMD), including chemical, biological, radiological, nuclear or explosive device; or

Encounter of documents, material or foreign currency from any country believed to be affiliated with terrorism or receipt of information indicating that a suspected terrorist or WMDs will enter or depart the U.S.

Performance Standard:

Provide the COR, TOM, and CO with the written details within 24 hours of incident. Terrorism Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.6.7 Other Reportable Incidents

Performance Requirement:

In addition to terrorism related activity, the following is a list of reportable incidents that require immediate notification to an on-duty CBP supervisor or manager:

Any death of, or injury to a Contractor employee who is on-duty

Any conduct of a Government or contract employee witnessed by a Contractor employee that in the opinion of the employee is illegal or unethical;

Any shooting incidents involving Contractor employees, to include unintentional discharges on or off-duty;

The death, injury, or escape of an individual which was caused by the actions of Contractor personnel (either on or off duty) or occurred while the individual was detained in Contractor custody (including vehicle accidents or suicide attempts);

Any assault of a Contractor employee (on or off duty) occurring in relation to his/her employment or official duties;

Any use of contractor-issued intermediate weapon (e.g., pepper spray, collapsible steel baton) on a detainee on or off duty;

Any event or incident that has resulted or may result in media attention;

Unscheduled disruption of transportation services greater than 4 hours;

Damage to Government or civilian property including but not limited to buildings, vehicles, or IT equipment;

Loss of Contractor issued radio containing official CBP frequencies;

Allegation of misconduct on duty including verbal, sexual, or physical abuse;

Any on-duty accident where Government property is involved regardless of damage assessed;

Any on duty accident when detainees are being transported;

Any on duty accident where the damage to a Contractor transportation vehicle is significant and will disrupt transportation service;

Any solicitation of a Contractor employee that could be construed as a “bribe”;

Any other event that may warrant review by senior management to include heroic acts and/or public recognition (e.g., rescues), and

Any weapon or contraband found by the Contractor during the performance of their duties.

Refusal of detainee(s) by U.S. government entity, U.S. law enforcement agency, or foreign government.

Provide immediate notification to the on-duty Government Supervisor. Provide the COR, TOM, and CO with the written detail within 24 hours of incident. Other Reportable Incident Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.7 Weekly Status Reports

Performance Requirement:

Provide a Weekly Status Report on contract performance and related issues to each TOM for their Sector and a compiled Weekly Status Report to the COR for all Sectors.

Performance Standard:

Reports are to be submitted by the close of business on Monday for the preceding work week (Monday through Sunday). Reports shall contain all contract performance activities and related metrics prescribed in the Quality Assurance Surveillance Plan (QASP). Additionally, reports shall include the results of any inspections conducted by law enforcement authorities, the status of all incidents and mitigation actions that arise in the performance of the contract. Weekly Status Reports must be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.8 Metrics Reporting System

Performance Requirement:

Provide a reporting system that permits CBP personnel to assess historical data prescribed in the Quality Assurance Surveillance Plan (QASP). This system shall provide access to a single sector’s data, as well as, all sector data. The reporting system must capture daily trip log information to include the following data elements:

Sector Name Route Identification Number Shift/Trip Identifier Trip Origin/Destination Trip Start/Completion Time Vehicle Mileage Trip Load* Gender Demographics of Detainees Transported (Male/Female/Minor/UAC) Transport Delays (time of delay and reason) Number of stops (Waypoints) and stop time (from arrival to departure at a Waypoint)

* The trip load is the maximum of passengers transported in a vehicle assigned to an assigned route per trip. Most routes have one or more waypoint stops where detainees are embarked or debarked. This metric reports the maximum number on board at any one time.

The reporting system shall enable a conversion of data to charts and graphs. No reporting system shall require the installation of software or patches on a Government computer. If a graphical user interface (GUI) device is proposed, it shall be approved by the Government. The government's role in the review/approval of this system is for utility only and should not be construed as a certification of an IT system for government applications. Any proposed reporting system shall permit the Government to retrieve data over a variety of time periods; e.g., one week, multiple weeks.

Performance Standard:

Data available through the Metrics Reporting System shall be certified as valid by the Contractor, stored in a secure environment, and easily exportable into a Microsoft Excel format for comprehensive analysis by CBP staff. The contractor shall ensure that historic data is available to the Government during the contract period of performance and exportable at the end of the contract.

4.9 Risk Mitigation

Performance Requirement:

Identify, analyze and track risks as part of its risk management process. When a probability or impact of a risk to contract performance is high, the Contractor will prepare a risk mitigation plan in an effort to avoid or reduce the risk before the event. Alternatively, if the government identifies a high probability or impact risk of contract performance, the government may direct the contractor to conduct risk mitigation planning.

Performance Standard:

Risk Mitigation Status Reports shall be provided to the COR on the 25th calendar day of each month. At a minimum, the report shall address: risk identification, risk quantification and classification, to the Government. The report will describe the status of mitigation activity for risks that have required the development of a risk mitigation plan. Risk Mitigation Status Reports shall be submitted electronically in PDF or Microsoft Word format. All documentation shall be retained by the Contractor throughout the duration of this program and available for audit upon request.

4.10 Environmental, Safety and Occupational Health (ESOH)

Performance Requirement:

The policies, procedures, and guidelines for the environmental health program are intended to evaluate and eliminate or control as necessary, sources of injuries and modes of transmission of agents or vectors of communicable diseases.

Performance Standard:

Recognized standards of hygiene are provided by: American Correctional Association, Occupational Safety and Health Administration, Environmental Protection Agency, Food and Drug Administration, National Fire Protection Association’s Life Safety Code, and the National Center for Disease Control and Prevention. Appropriate activities shall be incorporated into the Logistics Support Plan to evaluate and eliminate or control as necessary, sources of injuries and modes of transmission of agents or vectors of communicable diseases.

4.11 Technical Requirements

The Contractor shall comply with the following Technical Requirements:

4.11.1 Use of One vs. Two Transportation Officers (TO)

Performance Requirement:

TOs may only transport up to the maximum number of detainees permitted by the vehicle’s rated capacity. Appendix B indicates the number of TOs that are required for a given route, which is based on the transport capacity of the vehicle used and the nature of the route. Under normal circumstances, the following requirements on the number of TOs apply:

ONE TRANSPORTATION OFFICER:

When using low transport capacity vehicles, one TO shall be used when the following conditions apply:

Other TOs and/or CBP Agents/Officers will be present at origin and destination locations (i.e. field-to-station pickups, voluntary return runs) so that the single TO will not be responsible for moving subjects outside the vehicle without assistance by other TOs and/or Government Agents/Officers.

If a lone TO transports an unaccompanied female detainee or an unaccompanied juvenile, he/she shall maintain regular electronic voice communication with a Contractor supervisor, radio operator, or other Government personnel at a separate location, insofar as technologically possible. At a minimum, communication shall include the TO’s or unit’s identity, route of travel, current location, and mileage at both the starting and ending location, as a security precaution.

TWO TRANSPORTATION OFFICERS:

All high and medium transport capacity vehicles require two TOs. The exception to this rule is when using secured medium and high mission vehicles for local Voluntary Return transports within Border Patrol Sectors, one TO may be used so long as the vehicle is equipped with a communication radio and the route taken permits immediate response to a request for back-up.

Low transport capacity vehicles require two TOs only when the following conditions apply:

The demeanor of a detainee is either known or suspected of being combative or assaultive;

Transporting detainees to facilities for administrative or criminal proceedings (these routes are noted in Appendix B)

Any questions regarding the application of any transportation guidelines should be directed to the COR.

When sufficient transportation is available and practical, minors and UAC should not be transported in the same vehicles as the adult detainee population. However, when separate transportation is not available and practical, unaccompanied minors shall be separated from unrelated adult males by a separate passenger compartment or an empty row of seats.

In addition, when transporting unaccompanied females in a secured medium or high mission capacity vehicle, they must be segregated from the adult male population. Questions regarding the application of any transportation guidelines should be directed to the COR.

Performance Standard:

Contractor shall comply with the guidelines as to when the Contractor should use one or two Transportation Officer(s) to escort persons detained pursuant to the authority granted Government personnel under the Immigration and Nationality Act and/or other relevant statutes.

All other established procedures and guidelines remain applicable and shall be followed.

4.11.2 Custody of Detainees

Performance Requirement:

The Contractor is required to maintain constant vigilance and control over detainees while in their custody until they turn over custody of the detainees to an authorized Government Agent/Officer.

Performance Standard:

The Contractor may not release a detainee from a vehicle unless there is a Government Agent/Officer present to assist with movement of the detainees outside the vehicle and/or take custody of the detainees. Voluntary Returns at Ports of Entry will be verified by a Government Agent/Officer.

4.11.3 Vehicle’s Interior Security Specifications

Performance Requirement:

Vehicles used to transport detainees must be of adequate design with features and equipment to ensure security. Vehicles shall comply with Federal regulations referenced under Section 3 of this PWS and include the following capabilities:

Separate and safely secure the driver/driving team from the detainees.

Secure partition between the front and rear passenger compartment.

Physical separation between males and females and unaccompanied juveniles.

Physical separation of detainees from their personal property.

Vehicles must have a minimum of three (3) cubic feet of storage space per each passenger seat to securely store detainees’ personal property. (Detainees generally travel relatively light and carry their personal property in backpacks.)

A secure lock box for detainee records.

Doors and windows unable to be opened from inside of the detainee compartment

Escape prevention systems (e.g., cages and bars).

Audible alarm system to detect tampering with or opening the vehicle’s emergency hatch, if installed IAW DOT regulations.

Heating, cooling and ventilation of the transport vehicle adequate to operate reliably in desert environments for the duration of each shift.

Vehicle navigation and communications systems that are capable of immediately notifying Federal law enforcement officials in the event of a detainee escape.

Video recording system to document both driver team and detainee status during daytime or nighttime operations. Video coverage and quality should be sufficient to allow for post-operation review and audit of any incident.

Lavatories in medium and high transport capacity vehicles.

o Any vehicle transporting detainees on a route of three hours or more must have a properly installed toilet facility, which therefore necessitates the use of a medium or high transport capacity vehicle. Appendix B annotates all routes that are over three hours in duration.

Performance Standard:

Vehicle interior security specifications shall fully comply with specified vehicle features in functionality and operational status. The government must approve the design prior to the contractor placing any detainee transport vehicles in service.

4.11.4 Vehicle Operating Condition, Security and Cleanliness (Exterior and Interior)

Vehicles shall be maintained in good repair to ensure safety and serviceability and shall comply with inspection requirements in accordance with applicable federal regulations referenced under Section 3 of this PWS. Vehicle security features must be maintained in good serviceable condition.

Vehicle interiors must be inspected daily and have no dirt, dust, trash, graffiti, stains, gum, or any kind of residue on any interior surface. The contractor shall wash the interior and exterior of low and medium capacity vehicles on a bi-weekly basis, and bio-wash all vehicle sizes on a monthly basis (low, medium, and high). A bio wash is an interior cleaning event that uses a concentrated hospital grade liquid detergent, cleaner, sanitizer, fungicide, and mildew stat to aid in the prevention of communicable disease.

Contractors are required to have their vehicles fueled and inspected prior to the start of their routes. Security inspections (i.e. contraband/weapons) before detainees board and after they depart are included in labor hour estimates for each shift.

The contractor is responsible for stocking each transport vehicle with appropriate consumables (water/cups, first aid kits, blood borne pathogen kits, latex gloves, fire extinguishers, etc.) that will allow their TOs to effectively perform their missions. The Government will provide detainee meals (i.e. sack lunch) for long distance transport runs as needed.

Performance Standard:

Vehicle security features must be approved by the designated Government representative prior to operation. The contractor shall conduct a pre and post-shift check of the interior and exterior of each vehicle using a checklist and noting any defect that may render the vehicle unsafe or inoperable. Should any inspection reveal deficiencies in vehicle cleanliness, safety, security, or appearance, the vehicle shall not be used until the deficiencies are resolved. Daily inspection records must be available for the government to audit upon request.

4.11.5 Use of Privately Owned Vehicles

Performance Requirement:

Contractor shall not allow employees to use their privately owned vehicles to transport detainees.

Performance Standard:

Only official vehicles designed for secure transport of detainees may be used to transport detainees.

4.11.6 Being Armed While in the Secured (Caged) Portion of the Vehicle

Performance Requirement:

Transportation Officers shall be armed with lethal and non-lethal force consistent with the CBP Use of Force Policy referenced in Section 3 of this PWS. However, no armed Contractors are allowed in the secure (caged) portion of the vehicle.

Performanc…