Section_C_PREA.docx

HSCECR-16-R-00001

SECTION C – DESCRIPTION/SPECIFICATIONS

Immigration and Customs Enforcement Office of Professional Responsibility Office of Detention Oversight

PRISON RAPE ELIMINATION ACT (PREA) AUDITING SERVICES

Statement of Work (SOW)

HSCECR-16-R-00001

1.0 BACKGROUND

The U.S. Department of Homeland Security (DHS)[footnoteRef:2] seeks to obtain certification of compliance with the United States Department of Homeland Security Final Rule, 6 CFR Part 115, ICEB–2012–0003; RIN 1653–AA65, Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (March 7, 2014)[footnoteRef:3], for facilities utilized by: [2: Where DHS is referenced in this SOW it should be understood as inclusive of both ICE and CBP agencies.] [3: To be referred to herein after as the “DHS PREA Rule.”]

1. The Office of Enforcement and Removal Operations (ERO), an organizational element of U.S. Immigration and Customs Enforcement (ICE) within DHS. The ICE immigration detention system consists of approximately 300 federal, local, and state facilities, and on average detains approximately 30,000 to 35,000 individuals per day, and approximately 400,000 individuals annually. This includes ICE ERO’s holding facilities located within some of its offices and other buildings. And;

2. The Office of Field Operations (OFO) and the U.S. Border Patrol (USBP), organizational elements of U.S. Customs and Border Protection (CBP) within DHS. CBP detains individuals in holding facilities for the shortest time necessary to process, release, repatriate or transfer. CBP has identified 42 holding facilities for audit.

The DHS PREA Rule establishes robust safeguards against sexual abuse and assault of individuals in DHS custody. These standards prescribe a wide-range of requirements for ICE’s long term immigration detention facilities[footnoteRef:4] and ICE’s and CBP’s short- term holding facilities[footnoteRef:5] with regard to preventing, detecting and responding to incidents of sexual abuse and assault, including requirements related to screening, risk assessment, staff training, detainee education, reporting, coordinated response, medical and mental health care, investigation, and data monitoring. [4: Defined as “a confinement facility operated by or pursuant to a contract with U.S. Immigration and Customs Enforcement (ICE) that routinely holds persons for over 24 hours pending resolution or completion of immigration removal operations or processes, including facilities that are operated by ICE, facilities that provide detention services under a contract awarded by ICE, and facilities used by ICE pursuant to an Intergovernmental Service Agreement.” Referred to in this SOW as “immigration detention facilities.” ] [5: Defined as “a facility that contains holding cells, cell blocks, or other secure enclosures that are: (1) Under the control of the agency; and (2) primarily used for the short-term confinement of individuals who have recently been detained pending release or transfer to or from a court, jail, prison, or other agency. These facilities, which are operated by ICE, CBP, or other DHS components, are designed for confinement that is short-term in nature, but are permanent structures intended primarily for the purpose of such confinement.” Referred to in this SOW as “holding facilities.” ]

As evidenced by the full DHS PREA Rule, provided at Attachment 1, DHS divided the standards into three separate subparts - Subparts A, B, and C. Subpart A—Standards for Immigration Detention Facilities Coverage—provisions are applicable to ICE’s immigration detention facilities. ICE is the only agency within DHS that falls under Subpart A. Subpart B—Standards for DHS Holding Facilities Coverage—provisions are applicable to ICE’s and CBP’s holding facilities. Subpart C—External Auditing and Corrective Action—provisions are specific to DHS’ implementation of the auditing and ensuring agency compliance with the standards. Subpart C is applicable to ICE and CBP.

2.0 OBJECTIVES

In order to obtain certification of compliance with the DHS PREA Rule, DHS seeks to acquire professional auditing services. These professional auditing services will be procured through a Requirements contract. The Auditor will conduct audits of all eligible ICE immigration detention facilities, ICE holding facilities, and CBP holding facilities to assess facility compliance with the standards contained in the DHS PREA Rule.

Under the regulation, each immigration detention facility covered by the DHS PREA Rule must be audited at least once every three (3) years, and each holding facility housing detainees overnight must be audited within three (3) years of July 6, 2015. Holding facilities deemed by this initial audit to be "low risk" must subsequently be audited at least once every five (5) years, and all other holding facilities at least once every three (3) years. ICE’s immigration detention facilities become covered by the DHS PREA Rule following any new contracts, contract renewals, or substantive contract modifications hence, the number of immigration detention facilities to be audited may increase gradually over time. ICE and CBP have separately developed a list of their holding facilities that house detainees overnight, and thus that need to be audited. This list is attached. The number of holding facilities to be audited will remain generally consistent over time. The full DHS PREA Rule is attached (Attachment 1).

3.0 GENERAL REQUIREMENTS

3.1 PERIOD OF PERFORMANCE

The base period of performance shall commence at the conclusion of the transition period and continue through ten (10) months thereafter. There are two (2) option periods of twelve (12) months as follows:

Transition Period Date of Award through 60 days Full Performance Period Eleven (10) months thereafter

3.2 PLACE OF PERFORMANCE

Approximately 40% of the Auditor’s work is expected to be performed on-site at the ICE immigration detention facilities and/or ICE and CBP holding facilities. The remaining 60% of the Auditor’s work (functions to prepare for the audit, review of pre-audit requests for information from the facility, work associated with a corrective action plan, and writing and submitting the final PREA Compliance Audit Report, etc.) will be performed at the Auditor’s workspaces. PREA audits shall be performed in contiguous United States (CONUS) locations; however, some audits may be performed outside contiguous United States (OCONUS) locations, to include, but not limited to Puerto Rico, Guam, the U.S. Virgin Islands, the Commonwealth of the Northern Marianas Islands, Alaska, and Hawaii. The locations of DHS immigration detention and holding facilities are subject to change with little or no notice, and will be communicated to the Contractor by the Contracting Officer’s Representative (COR). Auditors shall anticipate that access to telephones, computers, or Internet may not be available for Contractor personnel on-site during the audits at the ICE immigration detention facilities and ICE and CBP holding facilities. However, a designated space will be provided to the auditor on-site for private interviews. See Section 3.4, Government Furnished Equipment.

It is estimated that the vendor would be required to initially complete approximately 80 to 130 total PREA audits by July 6, 2018, with expectations but not guarantees that number will increase. See Attachment 2 of this RFP for ICE and CBP facility locations.

3.3 TRAVEL

All Contractor travel shall be approved in advance by the COR. The Contractor will be required to travel within the National Capitol Region, other CONUS locations, as well as OCONUS locations during the performance of this contract. Travel costs incurred by the Contractor associated with conducting PREA audits and to attend the mandatory post-award DHS PREA Certification training, shall be reimbursed by the Government (as described in section 3.6 Invoicing). While performing contract work, Contractors are permitted but not obligated to ride with government inspectors/reviewers in government owned, leased, or rented vehicles as needed to expedite mission completion. Travel expenses shall be reimbursed consistent with FAR 31.205-46, Travel Costs, the Federal Travel Regulation (FTR), and consistent with the limitation of funds specified in this contract. The FTRs may be located and downloaded from www.gpoaccess.gov/cfr or www.gsa.gov/federaltravelregulation.

3.4 GOVERNMENT FURNISHED EQUIPMENT (GFE)

The Government will provide PIV Cards and PIV Card Readers to the Contractor on an as needed basis. The readers are required for any Contractor Personnel accessing the ICE database and will allow the Contractor access to the DHS Workplace as a Service system (WPaaS). Please reference Attachment 3 for additional information on the WPaaS system. Upon completion of the contract, the Contractor must return all PIV and PIV Card Readers to the Government.

Outside of ICE immigration detention and ICE and CBP holding facilities, additional workspace will not be available to Contractor personnel. A designated workspace will be made available to the auditor on-site, and the facility will make space available for private interviews. This space may not include access to telephones, computers, or Internet. All report generation and administrative tasks will be performed in the Contractor’s workspace.

A consent form is required to interview detainees. The Contractor must receive a completed and signed consent form from each detainee prior to the interview.

3.5 GOVERNMENT FURNISHED INFORMATION (GFI)

The following are mandatory GFI and shall be referenced and utilized by the Contractor in the performance of this contract. The COR will notify the Contractor of any changes, revisions or updates to GFI, and the Contractor shall be cognizant and compliant with said changes, revisions or updates, and shall be responsible for ensuring all Contractor personnel know and understand any changes, revisions or updates.

· DHS PREA Rule (See Attachment 1 of this RFP)

· DHS PREA Audit Instruments (these instruments will be provided when the contract base period begins, and are similar to the Department of Justice (DOJ) instruments)

· DHS PREA Audit Instrument for ICE and CBP Holding Facilities (Subpart B of the DHS PREA Rule)

· DHS PREA Audit Instrument for ICE Immigration Detention Facilities (Subpart A of the DHS PREA Rule)

· DHS PREA Certification training

· Preliminary ICE immigration detention facility and ICE and CBP holding facility and location lists (See Attachment 2 of this RFP)

3.6 INVOICING

For professional audit services (e.g. CLINS 0001A, 0001B, and 0002), invoices shall be reimbursed in accordance with the fixed unit prices in Section B.

Any travel CLINS associated with audits, CAP or training (e.g. CLINS 0003A, 0003B, 0004A, 0004B, and 0007) shall be invoiced in accordance with FAR 31.205-46. Prior to the commencement of travel the service provider shall provide an estimate of travel costs and receive approval to travel by the COR.

The Contractor must provide the COR with an estimated level of effort inclusive of all labor and travel costs prior to the start of any work related CAP activities. It is the responsibility of the Contractor to receive a written approval from the COR in advance of incurring costs related to the utilization of the labor hour CLINs.

Corrective Action Plan CLINS (e.g. 0005 A/B/C/ D and 0006 A/B/C/ D) shall be invoiced in accordance with the fully burdened labor rates in Section B.

For CLINS associated with CAP, the Contractor shall submit invoices in accordance with FAR 52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts, electronically with a copy of the invoice and detailed supporting documentation to the COR. This detailed supporting documentation must include a description of how many hours the Contractor spent on each individual task, for each individual facility audit. Invoices will be submitted on a monthly basis, with the appropriate supporting documentation, within fifteen (15) calendar days following the end of the preceding month. All charges must be itemized. The Contractor shall also submit invoices to the designated payment office electronically in accordance with the instructions provided, and a copy of all invoices shall be provided electronically to the Contracting Officer (CO) or Contracting Specialist at an email address to be provided.

3.7 POST AWARD CONFERENCE/PERIODIC PROGRESS

The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR 42.5, Post Award Orientation. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government, and may be conducted telephonically.

3.8 EMERGENCY, NATURAL DISASTERS AND OTHER OCCURRENCES

In the event of an emergency, natural disaster, or other occurrence that renders an immigration detention facility or holding facilities to be inaccessible or unoccupied by detainees for a period of time greater than 48 hours, Contractor personnel scheduled to audit that facility may be requested to perform audit services at another facility or facilities at the discretion of the Government.

3.9 CONTRACTOR EMPLOYEE IDENTIFICATION

In accordance with FAR 37.114 (c), Special Acquisition Requirements, all contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as contract employees, including email signature blocks and voicemail, to avoid creating an impression in the minds of members of the public or Congress that they are Government employees.

4.0 SPECIFIC REQUIREMENTS

Key Personnel The following labor categories are designated as key personnel:

• Project Manager (PM)

• Certified PREA Auditor(s)

• Holding Facility Expert (HFE)

• Immigration Detention Facility Expert (IDFE)

Key Personnel shall be bona fide employees of the prime Contractor or subcontractor. If the proposed Key Personnel are not employed by the prime or subcontractor at the time of proposal submission, the Contractor must submit Letters of Intent for each candidate. Key Personnel are expected to serve for the duration of the contract, unless replacements with equal or better skills are nominated by the Contractor and accepted by the CO, in accordance with HSAR 3052.215-70 – Key Personnel or Facilities (DEC 2003). The CO will use his or her best efforts to accept or reject the resume of replacements within ten (10) working days. Approved key personnel changes will be codified by a modification to the contract.

For each task order the Contractor shall provide ICE and CBP each a dedicated point of contact (POC) for contract services, which shall be the PM. The PM will also be the single POC for receipt of technical guidance from the designated COR for both ICE and CBP. The Contractor shall have to ability to provide at least two (2) PMs in order to guarantee simultaneous fulfillment of individual ICE and CBP task orders. In the absence of the PM, an alternate PM shall act for and have the same authority as the PM.

The Contractor shall obtain and designate at least one HFE and at least one IDFE. This requirement may be satisfied by the PM and/or a Certified PREA Auditor, or both.

The Contractor shall provide qualified Auditors to DHS for the purpose of administering and conducting certification of compliance with the DHS PREA Rule. At least one DOJ certified PREA Auditor (non-probationary) shall be present at each audit. All Contractor Auditors will be required to obtain DHS PREA Certification prior to executing any audits. DHS will provide this training and certification after the contract award date. DHS will attempt to provide a minimum of a three (3) week notice of scheduled facility visits. Any new Auditors or key personnel hired after the initial DHS certification session will be required to obtain DHS certification prior to work on the contract. That certification process may be administered via distance learning/webinar.

It is anticipated that the majority of such activities shall take place during normal working hours. However, the Contractor shall ensure the PM is accessible by telephone on a 24 hour-a-day basis in the event of an emergency or an urgent matter. DHS anticipates approximately five (5) emergency or urgent calls per year.

The annual workload is variable as immigration detention facilities and holding facilities are vastly different in size, geography, volume of detainees and staff, and facility resources. DHS currently estimates the Contractor will be required to initially complete approximately 80-130 total PREA audits[footnoteRef:6] by July 6, 2018. Holding facility audits are estimated to require approximately half a day to two (.5-2) business days on-site, but are not limited to this estimation. Where feasible, holding facility audits may involve more than one facility audit per day for efficiency and convenience. Immigration detention facility audits are estimated to require approximately three to four (3-4) business days on-site (in addition to the pre- and post-audit phases), but are not limited to this estimation. One (1) to two (2) Auditors will be required for each audit, with at least one (1) being a Certified DOJ PREA Auditor (non-probationary). The Government makes no commitment to a minimum or maximum number of audits or Auditors needed. All assigned work will be coordinated through the PM. A business day is described as an eight (8) hour period, not necessarily achieved consecutively, in a twenty-four (24) hour period. [6: Analysis provided during Government meetings have estimated there are 40 ICE immigration detention facilities, 20 ICE holding facilities, and 42 CBP holding facilities requiring DHS PREA Audits.]

Auditors must ensure their ability to communicate with detainees at the facility who may be limited English proficient (LEP) and must demonstrate an ability to secure translation support; a majority of ICE and CBP detainees speak Spanish. Bilingual Auditors who are proficient in Spanish are preferred; in the alternative, Auditors may be accompanied by a Spanish language interpreter or utilize a professional telephonic interpretive service for the portions of the audit that involve detainee interviews. At a minimum, each team must have access to a professional service that can provide interpretation as needed for detainees who speak a language not covered by the Auditor or in-person interpreter.

Additionally, Auditors should be able to effectively communicate with detainees with disabilities. Auditors should have access to necessary sign-language interpretation or other auxiliary aids to ensure effective communication.

Vendors should submit a plan for interpretation services and effective communication during audits. This will not be shown in the task order as a separate CLIN; Vendors shall include the price for these services in the fixed unit price of the Audit CLIN.

While on-site at a facility during an audit, the Contractor will not remove or copy any documentation or materials from the facility unless authorized to do so by the COR or other designated Federal representative from the Office of Professional Responsibility.

4.1 CONTRACT MANAGEMENT TASKS

The Contractor shall provide the tasks listed below. All noted timeframes refer to calendar days unless otherwise specified.

TASK 1 - Contract Management – The Contractor shall provide productivity and management methods, such as, but not limited to, quality control, data input, clerical, analytical documentation and manipulation, training of contract personnel, and related functions. The PM will be responsible for performing the day-to-day management of overall contract support operations ensuring conformity to contract terms and conditions. The Contractor shall, at a minimum:

a. Provide required qualified personnel to support ICE and CBP, to include all designated Key Personnel.

b. The Contractor shall update the list of Key Personnel within 48 hours of personnel change(s), and shall notify all COs and CORs listed in this SOW, providing an updated employee listing and identifying all changes. Changes to the employee list may be due to new hires, reassignment, resignations, terminations, or other reasons.

a. All Key Personnel must be DHS Certified prior to performing any work on this contract.

c. Notify all CORs listed in this SOW within 24 hours of a termination or resignation, and the Contractor shall immediately remove the terminated employee from all work on this contract. The Contractor shall submit résumés for proposed replacement Key Personnel to the COR and CO for review and approval in accordance with section 4 of this SOW.

d. Provide and execute a Quality Assurance Surveillance Plan (QASP) for all contract requirements.

e. Provide analytical support to provide summaries and identify trends and patterns based on PREA Audit findings, as requested by ICE, CBP, or both.

f. Ensure communication capability among Contractor staff, to include voicemail and email. All emails containing Personally Identifiable Information (PII) shall be encrypted as identified under Section 6 of this SOW.

g. Provide ad hoc data responses.

h. Ensure all PREA audits are performed in accordance with the established schedules developed by ICE and CBP, and ensuring compliance with any adjustments to scheduling of compliance audits, or requests for additional audits. Ensure all audits are in compliance with the DHS PREA Rule.

TASK 2 - Reporting – Reporting shall include, but not be limited to, PREA Compliance Audit Reports, audit findings, deficiencies, recommendations, significant event observations, any corrective action plans, and the Corrective Action Plan (CAP) Final Determination. Reports and other written material must contain detailed compliance assessments of regulations, and relevant information, observations, or findings, as dictated by the assignment. Audit reports shall describe the methodology, sampling sizes, and basis for the auditor’s conclusions with regard to each standard provision for each audited facility, and shall include recommendations for any required corrective action. Auditors shall redact any personally identifiable detainee or staff information from the PREA Compliance Audit Report and the Corrective Action Plan (CAP) Final Determination. The PREA Compliance Audit Report and the CAP Final Determination (if any corrective action plans were required), shall be submitted using the DHS template included in the DHS PREA Audit Instruments. Additionally, the Contractor shall establish a system for the immediate, reporting of sexual abuse/assault allegations received or discovered during the audit to an ICE and/or CBP official at the facility, who will then commence notification procedures within the agency.

a. Preliminary and final write-ups and reports of audit activities, to include those listed below, shall be submitted to the appropriate COR within the required timeline[footnoteRef:7] (as designated below), per the following qualifications: [7: Unless otherwise noted, all time frames refer to calendar days.]

i) Fully compliant findings:

i) Final PREA Compliance Audit Report – due within twenty-one (21) days of last day of on-site audit.

ii) One or more non-compliance findings:

i) Preliminary PREA Compliance Audit Report – due within twenty-one (21) days of last day of on-site audit.

ii) Final PREA Compliance Audit Report and CAP Final Determination – due within thirty (30) days of conclusion of one hundred eighty (180) day corrective action period.

iii) Other audit tasks, as assigned – response within seven (7) days.

iv) All working papers, such as documents included in the PREA Audit Instrument (e.g., interview guides, pre-audit data request, site inspection) – to be submitted in conjunction with the PREA Compliance Audit Report.

b. All reports and working papers are to be scanned by the Contractor and submitted via email to the designated COR.

c. Annual Summary Report. The Government will provide the annual report format to the Contractor. The report will contain such data as number of facilities inspected, specific areas found non-compliant, quantities of non-compliance findings, and analysis of all findings.

d. Provide ad hoc responses by assigned deadline.

TASK 3 – PREA Audits

a. PREA Audit Cycle. Once approximately every three (3) years (unless directed otherwise) a DHS PREA Auditor will conduct an on-site visit, conduct interviews as applicable, and review documentation to determine an immigration detention facility’s or holding facility’s compliance with the DHS PREA Rule. ICE and CBP will separately set the schedule for when the PREA audits will occur by means of individual task orders. Individual task orders will identify when and where the audits will take place, and other relevant information. The Auditor will use the DHS PREA Audit Instrument to evaluate each facility’s compliance with the requirements in the DHS PREA Rule. The Auditor shall have the responsibility and authority to independently observe, assess, review, and report on ICE and CBP implementation and compliance with the DHS PREA Rule. In order to accurately assess compliance at ICE immigration detention facilities and ICE and CBP holding facilities, the Auditor shall: receive and review facility data and documentation prior to the onsite phases of the audit; conduct an on-site inspection; observe programs and activities; interview representative sample of staff and contractors and volunteers, as applicable; individually interview a representative sample of detainees; and conduct detailed reviews of documents and reports. The Auditor shall be responsible for independently verifying compliance with the DHS PREA standards Subpart A for immigration detention facilities and Subpart B for holding facilities.

b. Receipt of Pre-Audit Documents. Prior to each audit, the Contractor shall receive the requested information contained in the Pre-Audit Questionnaire, the Pre-Audit Document Request, the Pre-Audit Policy Request, and the Pre-Audit Data Request in advance. The Auditor will review all of the information supplied, including but not limited to, relevant data related to the facility’s operations and any sexual abuse reports, as well as facility and agency policies, procedures, reports, internal and external audits, and facility accreditations. All sensitive but unclassified information provided to auditors will include appropriate designations and limitations on further dissemination. Auditors will be required to follow all appropriate procedures for handling and safeguarding such information. Auditors will receive, maintain in a secure manner, and destroy the documents after three (3) years, or until the next audit for that facility. The ICE and CBP program offices will send the Pre-Audit documents to the Auditor for review in advance of the audit.

c. Communication with Facilities. Auditors will communicate with facilities through the Program Office COR or other Federal representative from the Office of Professional Responsibility, as designated by the COR or the Program Office. The Auditor is not to contact the facility directly without prior approval and arrangement by the COR.

d. Preliminary PREA Compliance Audit Report. If the Auditor makes one or more non-compliance findings s/he will submit the Preliminary PREA Compliance Audit Report, describing all findings, within twenty-one (21) days of the conclusion of the on-site audit. Any finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period.

e. Corrective Action Plan(CAP). If the Auditor issues a Preliminary PREA Compliance Audit Report indicating corrective action is required, the agency (ICE or CBP) and facility shall work together to promptly develop a Corrective Action Plan toward achieving compliance with all standards within thirty (30) days of issuance of the Preliminary PREA Compliance Audit Report. The CAP shall contain a timeline for specific minimal remedial measures the agency shall take to achieve compliance within a 180-day corrective action period. The agency/facility shall deliver evidence of remedial measures to the Auditor, and the Auditor shall review and comment within ten business (10) days of their receipt. The Auditor shall issue a CAP Final Determination within thirty (30) days of the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period.

f. CAP Final Determination. Within thirty (30) days after the 180-day corrective action period ends (or sooner if compliance is achieved before 180 days), the Auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action. The CAP Final Determination shall be incorporated into the PREA Compliance Audit Report.

g. PREA Compliance Audit Report. Auditors are expected to thoroughly follow and complete all items contained in the DHS PREA Audit Subpart A and/or B Instruments. Auditors are expected to document and state in their audit summary whether the audited policies and procedures comply with relevant standards. Each audit shall include a certification by the Auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the facility under review. Auditors are expected to determine whether the audited immigration detention or holding facility reaches one of the following findings: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); or Does Not Meet Standard (requires corrective action). Auditors are expected to include in their audit summary, among other things, the number of provisions the facility has achieved at each grade level. The audit reports shall describe the methodology, sampling sizes, and basis for the Auditor’s conclusions with regard to Subpart A standard provision for each immigration detention facility or Subpart B standard provision for each holding facility, and shall include recommendations for any required corrective action. Auditors are expected to redact any personally identifiable detainee or staff information from their reports, but shall provide such information to the agency upon request. The Government will provide the template for the PREA Compliance Audit Report and the CAP Final Determination.

4.2 TRAINING

1. Government Provided Training: The Government is responsible for providing DHS-specific and agency-specific PREA training, testing and certification to all key personnel. Attendance is mandatory for all key personnel. Certification will occur after the contract award. *DHS PREA Auditor Certification is a performance requirement of this contract, and all Key Personnel are required to obtain DHS Certification prior to performing any work on this contract. The certification training is expected to span approximately two to three (2-3) business days. The DHS certification process for personnel hired after the initial DHS Certification session will be shared after contract award, and may be done through distance learning and webinar.

2. Contractor Training: The Contractor is responsible for ensuring sufficient Contractor Auditors have been trained and certified as a DOJ PREA Auditor by the National PREA Resource Center (PRC). The Contractor is responsible for any refresher, re-training, and certification of Auditor personnel at no cost to the Government. The Contractor is responsible for documenting the completion of all training for all auditors and maintaining records reflecting DOJ Auditor personnel’s receipt of such training.

DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for all employees and Subcontractors that have access to Sensitive PII as well as the creation, use, dissemination and/or destruction of Sensitive PII at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter in accordance with REC:1.1 Required DHS Basic Records Management Training

Information Assurance Awareness Training(IAAT): The Contractor shall provide Information Assurance Awareness Training for all employees and Subcontractors that have access to Sensitive PII as well as the creation, use, dissemination and/or destruction of Sensitive PII at the outset of the Subcontractor’s/employee’s work on the contract and every year thereafter

5.0 LABOR CATEGORIES EDUCATION AND EXPERIENCE REQUIREMENTS (KEY PERSONNEL)

General Requirements for all Contract Labor:

See section 7.0 CONFLICT OF INTEREST, PUBLIC STATEMENTS, AND TESTIMONY of this SOW.

Project Manager (PM): Responsible for management and oversight of Contracted staff and functions. Shall have a minimum of ten (10) years of experience working in or with, or auditing, a state prison, local jail, federal prison, short term lockups, community confinement facilities, and juvenile facilities, or any Federal Government agency that oversees the confinement of individuals such as the Bureau of Prisons (BOP), ICE, CBP, U.S. Health and Human Services (HHS), or similar. This experience should have been as a warden, assistant warden, senior jailer, or similar position with authority and/or senior responsibility within the previously noted facilities. Relevant experience with short-term confinement, such as holding facilities or lock ups is also desired. Relevant experience is also defined as law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to experience in corrections, or confinement operations such as detention, or the confinement of individuals for the purposes of processing, release, repatriation, investigation or transfer. This could include, but is not limited to federal, state, and local department of corrections/detention personnel or personnel responsible for the safeguarding of individuals in short term confinement settings, county and city jail staff, and correctional professionals from the private sector. Investigative, legal and auditing experience would be applicable if it was performed as duties relating to a correctional or confinement setting, e.g. investigative personnel who conducted inquiries at detention, corrections or short term confinement facilities, or legal advisors or staff who performed duties in support of corrections, detention or short term confinement settings. Experience performed as audit personnel who performed quality assurance or monitoring at corrections, detention or short term confinement locations may be considered relevant. *Additionally, the PM shall have a minimum of five (5) years of project management experience, demonstrating project management support services with large, high risk, sensitive projects, and/or division-level management experience managing projects and staff of comparable scope to the effort assigned. A bachelor’s degree in one of the following disciplines: Accounting, Finance, Management, Criminal Justice, Social Work, Psychology or Business, is desired.

*Note: Ten years of experience working in a correctional, detention and/or short term confinement setting and five years of project management experience can be gained concurrently.

Certified (non-probationary) DOJ PREA Auditor(s): The Auditor must possess a strong background in detention/incarceration or short term confinement issues. Relevant experience is also defined as law enforcement, investigative, advocacy, monitoring and quality control experience that is related to or has a nexus of experience to corrections, detention or short term confinement operations. This could include, but is not limited to federal, local, and state department of corrections/detention personnel, county and city jail staff, and correctional professionals from the private sector, and persons experienced in analyzing, monitoring, or studying conditions of civil or criminal detention. Investigative, legal and auditing experience would be applicable if it was performed as duties relating to a correctional or detainee setting, e.g. – investigative personnel who conducted inquiries at detention or corrections facilities, legal advisors or staff who performed duties in support of corrections or detention may be relevant. PREA Auditors with experience as an Auditor performing quality assurance or monitoring at corrections or detention locations are highly desired. Auditors shall be experienced professionals operating independently with minimal guidance and supervision. *Additionally, the Auditor shall have a minimum of three (3) years specialized experience in auditing, monitoring, quality assurance, and/or investigations, attained in a federal and/or state prison, local jail, or any Federal Government agency that oversees incarcerated individuals such as the BOP and ICE. ** DOJ PREA auditing certification (non-probationary) is required for at least one Auditor per audit.

Auditors must possess their own equipment needed to perform all activities and tasks related to performing PREA audits and fulfilling requirements outlined in this SOW.

Holding Facility Expert (HFE): The Holding Facility Expert (HFE) is responsible for ensuring the effectiveness of the contractor’s audit program as it relates to Subpart B of the DHS PREA Rule. The HFE will provide expertise on holding facility operations, and assessing holding facility compliance with relevant sections of the rule (e.g. procedural safeguards, sexual assault safeguards, classification, supervision, etc.); services (e.g. telephone access, victim services, etc.); and the investigative process. The HFE should work closely with counterparts at CBP and ICE to understand agency internal processes and to best manage holding facility audits. The HFE will develop best practices for audit teams and work with CBP and ICE on any process flow issues or improvements. The HFE will be available to all audit teams for consultation and feedback as requested, will provide training and guidance, and should also conduct audits under the contract. The HFE shall have a minimum of five (5) years of experience working in or managing holding facilities or short term lock-ups, as well as a minimum of three (3) years of work in an auditing or oversight capacity (to include PREA auditing or other standards and compliance work). The HFE should possess a progressive background, have worked to develop best practices, and have a demonstrable interest in improving sexual assault protections for detainees or inmates. Relevant oversight experience may also include policy analysis or advocacy on issues related to sexual assault or abuse.

Immigration Detention Facility Expert (IDFE): The Immigration Detention Facility Expert (IDFE) is responsible for ensuring the effectiveness of the contractor’s audit program as it relates to Subpart A of the DHS PREA Rule. ICE immigration detention facilities are subject to Subpart A. The IDFE will provide expertise on immigration detention facility operations, and assessing facility compliance with relevant sections of the rule (e.g. procedural safeguards, sexual assault safeguards, classification, supervision, etc.); services (e.g. telephone access, victim services, medical and mental health etc.); and the investigative process. The IDFE should work closely with ICE to understand agency internal processes, the types of facilities ICE utilizes and challenges this may present, and to best manage facility audits. The IDFE will develop best practices for audit teams and work with ICE on any process flow issues or improvements. The IDFE will be available to all audit teams for consultation and feedback as requested, will provide training and guidance, and should also conduct audits under the contract. The IDFE shall have a minimum of five (5) years of experience working in or managing detention or correctional facilities, as well as a minimum of three (3) years of work in an auditing or oversight capacity to include PREA auditing or other standards and compliance work. The IDFE should possess a progressive background, have worked to develop best practices, and have a demonstrable interest in improving sexual assault protections for detainees or inmates. Relevant oversight experience may also include policy analysis or advocacy on issues related to sexual assault or abuse.

6.0 SECURITY REQUIREMENTS

6.1 GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described in Contract TBD requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

6.2 PRELIMINARY DETERMINATION

ICE will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. ICE may, as it deems appropriate, authorize and make a favorable expedited pre-employment determination based on preliminary security checks. The expedited pre-employment determination will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable pre-employment determination shall not be considered as assurance that a favorable full employment determination will follow as a result thereof. The granting of a favorable pre-employment determination or a full employment determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable preliminary fitness determination or final fitness determination by the Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable pre-employment determination or full employment determination by the OPR-PSU. Contract employees are processed under the ICE Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements specified in the DHS Special Security Requirement – Contractor Pre-Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassified Information Technology (IT) Resources; and/or 3052.204-71, Contractor Employee Access are included in the Clause section of this contract.

6.3 BACKGROUND INVESTIGATIONS

Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Contractor employees shall submit the following completed forms to the Personnel Security Unit through the Contracting Offices Representative (COR), no less than 35 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

1. Standard Form 85P (Standard Form 85PS (With supplement to 85P required for armed positions)), “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) Archival Copy. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

2. Signature Forms generated from e-QIP database upon completion of Questionnaire. (e-signature acceptable) (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

3. SF 87 (Rev. March 2013), “Fingerprint Card” (Two Original Cards to COR for forwarding to PSU)

4. Foreign National Relatives or Associates Statement. (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

5. DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

6. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) (One e-copy uploaded into e-QIP database and one Copy to COR for forwarding to PSU)

Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Department of Defense Central Adjudications Facility (DoD CAF) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity.

An adequate and current investigation is one where the investigation is not more than five years old and the subject has not had a break in service of more than two years.

Required forms will be provided by ICE at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract.

Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information.

The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS /ICE IT systems and the information contained therein, to include, the development and / or maintenance of DHS/ICE IT systems; or access to information contained in and / or derived from any DHS/ICE IT system.

6.4 TRANSFERS FROM OTHER DHS CONTRACTS

Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation.

Transfers will be submitted on the COR Transfer Form which will be provided by the Dallas PSU Office along with other forms and instructions.

6.5 CONTINUED ELIGIBILITY

If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract.

The OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists.

The OPR-PSU will conduct reinvestigations every 5 years, or when derogatory information is received, to evaluate continued eligibility.

ICE reserves the right and prerogative to deny and/ or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom ICE determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract.

6.6 REQUIRED REPORTS

The Contractor will notify OPR-PSU of all terminations/ resignations within five days of occurrence. The Contractor will return any expired ICE issued identification cards and building passes, or those of terminated employees to the COR. If an identification card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identification cards and building passes to the responsible ID Unit.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR, as soon as possible. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

The Contractor will provide, through the COR a Quarterly Report containing the names of personnel who are active, pending hire, have departed within the quarter or have had a legal name change (Submitted with documentation) . The list shall include the Name, Position and SSN (Last Four) and should be derived from system(s) used for contractor payroll/voucher processing to ensure accuracy.

CORs will submit reports to psu-industrial-security@ice.dhs.gov

6.7 EMPLOYMENT ELIGIBILITY

The contractor will agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization.

The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS…