HSCEDM-11-R-00003 PAGES 12-73.docx

Table of Contents

Section C: Statement of Objectives……………………………………………………..……..13

Section D: Packaging and Markings………………………………………………….……….42

Section E: Inspection and Acceptance……………………………………….………………..43

Section F: Deliveries or Performance……………………………………...……….....……...44

Section G: Contract Administration Data……………………………………………………45

Section H: Special Contract Requirements………………….………………………………..47

Section I: Contract Clauses………………………………………………………………..…..52

Section J: List of Documents, Exhibits, and other Attachments……………………..……...63

Section K: Representations, Certifications, and Other Statements of Bidders …………...183

Section L: Instructions, Conditions, and Notices to Bidders..……………………….……..196

Section M: Evaluation Factors for Award………………………………….………………..207

STATEMENT OF OBJECTIVES

For

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

MIGRANT OPERATION CENTER

GUANTANAMO BAY, CUBA

C.1 MIGRANT OPERATIONS CENTER GOALS

The goals of the Migrant Operations Center (MOC) are to provide a safe and secure living environment for migrants that are temporarily housed at the MOC at the Naval Station at Guantanamo Bay, Cuba (NAVSTA GTMO). The contractor shall support and assist the Department of State (DOS) and Department of Homeland Security (DHS) in meeting their responsibilities for the safety, security and care of these migrants.

C.2 PURPOSE

C.2.1 Mission

The mission of U.S. Immigration and Customs Enforcement (ICE) and the DOS / Population Refugees Migration (PRM) is defined by Executive Order 13276.

The MOC is made up of permanent structures at the base provided by the Department of Defense (DOD). It has an operational capacity of 120 migrants and additional capacity via temporary structures for an additional 280 migrants in the event of a surge in population. This results in a maximum capacity at the facility of 400.

The MOC will be divided into four distinct areas as follows:

1. A Migrant Processing Unit (MPU)

2. The Protected Migrant Housing (PMH) Unit

3. The Non-Protected Migrant Housing (NPMH)

4. A Special Housing Unit (SHU) to be used only as directed by an Administrative Action Panel (AAP) or in an emergent situation at the direction of the ICE Officer in Charge (OIC) or the DOS Contracting Officer’s Technical Representative (COTR) for protected migrants. Such an emergent placement will in every instance be followed by an AAP no later than 48 hours after the placement is authorized.

The security levels and contractor responsibilities will differ based on migrant status, family composition, their processing stage or the changing needs of the Naval Station.

Non-Protected Migrants shall be housed in the Migrant Processing Unit after they arrive on GTMO until a protection determination is made by an authorized official from the U.S. Citizenship and Immigration Services (USCIS). The composition of the MOC may change based on changing needs of the Naval Station and ICE / DOS arrangements to address responsibilities under Executive Order 13276. See Attachment #1 – Migrant Processing Flow Chart.

Protection concerns, as determined by USCIS, are present when a migrant is found to have a well founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion, or a credible fear of torture if returned to his or her country of origin. Migrants determined not to have protection concerns will be repatriated to their country of origin as soon as possible and will be housed in the Non-Protected Migrant Housing Unit until return is possible. Migrants determined to have protection concerns will be transferred to the Protected Migrant Housing Unit in the care and custody of the Department of State until they are resettled to a third country.

The contractor shall assume security responsibility for all migrants at the MOC. The contractor shall have familiarity with care of migrant populations, special populations such as juveniles, and / or minimum security environments. Sight and sound separation of the Protected from the Non-Protected migrant population shall be maintained at all times. It is under this framework that references to each population will be characterized.

The MOC residents are a dynamic population that may include single males, females, unaccompanied minors, and families of various nationalities. All migrants reside at GTMO voluntarily and may request repatriation at any time.

The migrant population is divided into two categories of non-protected and protected described below:

Non-Protected Migrant – Migrant who has not yet been classified by USCIS for a status (“undetermined population”) or a migrant determined by USCIS not to have a well-founded fear of persecution or torture in their country of origin. Non-Protected migrants, who USCIS has identified as not having protection concerns, shall be maintained in the secure setting of the MOC until they are repatriated. Occasionally, there are non-protected migrants who are at Guantanamo Naval Station for a temporary period while waiting on additional processing, Pursuant to Executive Order 13276 (http://edocket.access.gpo.gov/2002/pdf/02-29580.pdf). ICE is responsible for the custody, care, safety, transportation and other needs of the non-protected migrants. Only Cuban Migrants who have been determined by USCIS not to have protection concerns are normally repatriated through the Northeast Gate within a reasonable period of time through coordination with appropriate Naval Station authorities. During the past 12 months, the undetermined population has averaged approximately between 1 and 3 migrants per month.

Protected Migrant – A Protected designation is afforded by a USCIS Protection Screening Officer (PSO) to a migrant who is determined to have a well-founded fear of persecution or torture in his country of origin. Pursuant to Executive Order 13276, the Department of State is responsible for the custody, care, safety, transportation, and other needs of the protected migrants. Once a migrant has been determined by USCIS to be designated as protected, responsibility for the custody and care of the protected migrant will be transferred from ICE to DOS. Migrants in Protected status are housed in DOS-managed housing, which includes the MOC; and are under the immediate care and supervision of the DOS designee, in consultation with DOS. They are generally allowed to work on the base and are also permitted programming opportunities beyond the confines of the MOC. During the past 12 months, the Protect population has averaged approximately 11 migrants per day. Over the last five years, the protected migrant population has ranged between zero and 55 per day.

Protected migrants are not detainees. Rather, they are individuals who have been accorded protection from persecution or torture in their home country and are voluntarily under the care and custody of the United States pending resettlement. One of the goals of the Protected Migrant Program is to help the migrants to acquire skills they can use in an open society in an atmosphere that allows for freedom of movement while living as independently as possible, subject to the fair administration of the rules and policies provided for herein, as well as those of the Naval Station.

C.2.2 Statement of Objectives

This Statement of Objectives (SOO) is for performance-based services. This SOO sets forth the contract objectives and other relevant information that applies to this solicitation. Some objectives are not required for all migrant categories. When this is the case, the SOO will note which category the objective applies to.

The DOS designee [currently the International Office for Migration (IOM)] will provide resident coordination services for the protected migrants. IOM will be co-located at the MOC with the guard / security contractor. IOM will be set up as the main interface with the protected migrants and will use the guard / security service provider when required for security. The contractor shall consult with DOS and the DOS designee to maintain plans, policies and procedures for providing for the appropriate security and safety of protected migrants and facilities management for protected migrant housing that will be developed by the DOS designee in coordination with ICE and the Contractor and approved by DOS.

C.3 TERMS / DEFINITIONS

Administrative Action Panel (AAP) – a panel consisting of a Chairperson and having representation from ICE, DOS and NAVSTA. The AAP is convened to review Administrative Action Reports filed against migrants and charging misconduct warranting sanctions. The panel’s role is to review the reports, other evidence, witness testimony and migrant testimony to arrive at a finding relative to the charges presented.

Classification - A process for determining the status for migrant cases and their disposition, which would then determine needs and requirements of those migrants including assigning them to housing units and programs according to their status. Migrants will be classified as non-protected or protected migrants.

Commanding Officer (COM) - The officer in command of NAVSTA GTMO.

Contraband - Items in the possession of migrants or found within the facility that are prohibited by facility policies and procedures approved by ICE and DOS, pertaining to NAVSTA GTMO.

Contract Administrator - ICE procurement employee responsible for contract compliance, contract administration, cost control, property control and reviewing COTRs’ assessment of contractor’s performance.

Contract Employee - An employee of a private contractor hired to perform a variety of services relating to migrant care.

Contracting Officer (CO) - Employee of ICE responsible for the complete conduct and integrity of the contracting process, including requested administration changes after the award of the contract. The only individual authorized to issue changes to this contract.

Contract Specialist - ICE procurement employee responsible for contract compliance, contract administration, cost control, property control, and reviewing COTRs’ assessment of contractor’s performance.

Contracting Officer’s Technical Representative (COTR) - An employee of ICE or DOS that is responsible for directing and monitoring and administering the provisions of the contract on behalf of the Contracting Officer. There will be two COTRs on this contract. A COTR from ICE that will be responsible for the migrants deemed non-protected and a COTR from the DOS that will be responsible for the migrants deemed protected.

Contractor - The entity, which provides the services, described in this Performance Work Statement.

Custody and Security Officers - Contractor’s uniformed unarmed employees responsible for the security, care, and supervision of non-protected migrants and for the security and safety of protected migrants. The officer is also responsible for the safety, security and maintenance of the Migrant Operations Center facility.

DOS Designee - Department of State’s designated provider for care, and housing for the protected migrant population. Currently, this designee is the International Organization for Migration.

Deduction - Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur or when a rating of at-risk has been given as described in the Performance Requirement Summary in Section J.

Department of State (DOS) - The lead U.S. agency responsible for protected migrants.

Emergency - An event that causes a significant disruption of normal facility procedure, policy or activity such as a riot, strike, violation of curfew, fire, natural disaster or other serious incident. Responsibility for a life threatening emergency situation involving migrants or others involved with the migrants must be responded to by the Contractor, the ICE Officer in Charge, and the DOS designee as appropriate. Other emergency situations involving the facility and other structures of the MOC will be handled by the Contractor under the preview of the ICE OIC and the DOS designee; non-life threatening emergency situations impacting the migrants’ well being will be responded to by the ICE officer in Charge, DOS designee and supported by the Contractor.

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

Facility - The physical structure plant and grounds in which a contractor’s services are provided.

FAR - Federal Acquisition Regulation.

Government - The United States Government.

Grievance - A written complaint filed by a migrant with the facility administrator concerning personal health / welfare or the operations and services of the facility.

HSAM - Department of Homeland Security Acquisition Manual.

Health Care - Action taken, preventative and therapeutic, to provide for the physical and mental well being of a population. Health care may include medical services, dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions at the facility.

ICE Officer in Charge (OIC) - The highest-ranking ICE official in the on-site chain of command at a facility; the facility director.

Incident Report - A written report of an emergency response or other significant event (e.g. the use of force, use of chemical agents, restriction of an individual’s freedom of movement, such as confinement to the SHU or a particular location within the Migrant Operations Center).

International Organization for Migration (IOM) – An inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. IOM works to help ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people.

Lawful Permanent Resident (LPR) - Status held by a person after qualifying and being registered by the U.S. Citizenship and Immigration Service. This status allows the person to live permanently in the U.S., to travel in and out without a visa, to work at any job, to accumulate time toward U.S. citizenship.

Mass Migration Operations - Involves the large-scale operations necessary to receive, process, and house significant numbers of migrants on the base, after the President has determined that the level of migrant departures or interdictions constitutes a threat to the national security of the United States.

Migrant - A non-U.S. national interdicted at sea, or that has entered NAVSTA GTMO who has left their country of origin.

Migrant Operations Center - The infrastructure and resource support provided by the DOD to support the Migrant Operations Program located on NAVSTA GTMO. The migrant operations program at USNS is a joint effort of the Department of State and the Department of Homeland Security, with support from DOD.

Pat Down Inspection - A patting of the migrant’s outer clothing to determine the presence of contraband.

Performance Requirements Summary (PRS) - A condensed listing of tasks, standards, acceptable quality levels, and relative value of the services required by the contract The PRS identifies the essential service outputs of the contract that will be evaluated by the Government to ensure the contractor meets contract performance standards. The PRS is used to calculate invoice deductions or withholdings.

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

Personal Property - Refers to the personal property belonging to a migrant.

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

Procedure - The detailed and sequential actions that shall be executed to ensure that a policy is implemented.

Project Manager - The individual designated by the contractor to manage a given project and ensure project objectives and performance indicators are met.

Protection-Screening Officer (PSO) - An officer from the Department of Homeland Security’s United States Citizenship and Immigration Services responsible for determining the status and disposition of a non-protected migrant at Guantanamo.

Quality Assurance - The actions taken by the Government to ensure services meet the requirements of the PWS.

Quality Assurance Surveillance Plan (QASP) - A written plan describing how the Government will survey, observe, test, sample, evaluate, and document the contractor’s performance in meeting critical performance standards identified in the contract.

Quality Control - Tasks performed by contractors to improve the quality of an organization’s output.

Quality Control Plan - A contractor’s internal quality assurance procedures for measuring, tracking, reporting and analyzing contract performance.

Restraints - This includes handcuffs, wrist restraints, leg restraints, and disposable nylon restraints.

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

Steady State - Refers to normal day-to-day operations in which migrants who are interdicted at sea, or who arrive directly on the Naval Station, are housed while being interviewed to determine if they have protection concerns. Migrants remain at the facility until a protection determination is made, and are repatriated if no protection concerns are discovered. Those who are found to merit protection continue to reside on the base under the care of the DOS and the DOS designee until they are resettled in a country outside their country of origin. The Steady State capacity for the MOC is 120, which is the number of individuals that can be properly housed in the MOC facility. Capacity limits may vary based on the migrant classification or case composition, which may include families and unaccompanied children.

Strip Search - an examination of a migrant’s body unclothed, for contraband and physical abnormalities. This includes a search of clothing which has been disrobed.

Suitability Check - ICE security clearance process for contractor and all contract employees to determine suitability to work.

Surge - Describes the periodic “spike” in the migrant population at the base caused by temporary increases in the numbers of the migrants arriving at the Naval Station. The surge capacity of the MOC is estimated to be 400 persons, based on the design parameters for the facility and the upper limit established in the scope of the contract. The capacity limits, however, may vary based on the case composition, which may include families and unaccompanied children.

Training - An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contract service, at professional meetings or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.

Undocumented Aliens - Aliens lacking necessary documents (e.g. documents indicating permission to work or live in a country).

United States Naval Station (NAVSTA) - A United States Military Base.

Weapons - This includes, but is not limited to, firearms, ammunition, knives, billy clubs, electronic defense modules, chemical weapons, and nightsticks.

Withholding - Amount of monthly invoice payment withheld pending correction of a deficiency. This process is described in the PRS in Section J.

C.4 CONTRACT OBJECTIVES – TOP LEVEL

C.4.1 A fully secure and safe facility that provides a humane environment to all migrants.

C.4.2 The staffing of fully trained unarmed security guards, support personnel, and management who have passed a background investigation and can meet the requirements of working in an environment containing a vulnerable population that can include males, females, children, and families.

C.4.3 The timely acquiring and / or accomplishing of training, certifications, licenses, drug testing, uniforms, equipment, supplies, and vehicles necessary to provide the full range of required security and shuttle services seven (7) days a week, twenty-four (24) hours per day throughout the contract period of performance.

C.5 SPECIFIC OBJECTIVES

C5.1 Facility Security and Control – All Migrants (Protected & Non-Protected)

The contractor shall provide 24 hour custody, control, and security for all migrants at the MOC.

Positive control of the MOC population is key to successful security and operations. In maintaining positive control, the contractor shall take into account the migrants’ frame of mind from recent experiences, including time at sea, fear of persecution or torture in the country of origin, and separation from family and friends. Some migrants may be anxious because of uncertainty of their futures. The contractor shall passively monitor and assess the atmosphere of the MOC. Daily passive monitoring with the non-protected migrant population and awareness of protected migrant population activities and issues will help to mitigate potential difficulties. Contractor security concerns about protected migrants shall be brought to the attention of DOS and the DOS designee for appropriate action.

The contractor shall notify the ICE OIC for non-protected migrants or DOS designee, for protected migrants, when it is believed contraband is included in a migrant’s mail.

The contractor shall notify the ICE OIC for non-protected migrants or the DOS designee, for protected migrants, and follow established procedures to notify designated NAVSTA GTMO medical personnel regarding issues of medical concern or medical emergencies. The contractor shall provide assistance in transporting migrants to the hospital when requested by the DOS designee.

The contractor shall develop a policy to provide non-protected migrants an identification card within 24 hours of arrival at the MOC.

· The credentials shall contain at least the following information: head and shoulders picture; printed personal description (e.g. name; sex; height; weight; hair and eye color); date of issuance; printed full name; employee signature; and contractor seal or identifying logo.

· This identification card may also be used for protected migrants in coordination with the DOS designee. However, the DOS designee may arrange for a different identification document, as DOS may deem appropriate, that would supersede the document issued to the migrant in his / her non-protected status.

The contractor, upon request by the ICE OIC, DOS or the DOS designee, shall participate in verbal orientations for the protected migrant population as it pertains to the contractor’s role providing for security services and facilities management.

The contractor, ICE OIC and DOS designee will coordinate regularly to ensure that non-protected and protected migrants are designated to appropriate quarters in accordance with sound population management practices (e.g., family relationships, sex, age, etc.). To the extent possible, family members shall not be housed separately from each other.

The contractor and the DOS designee shall develop a space usage plan for the MOC for approval by the government.

The contractor shall provide all necessary computer hardware and software to support performance of the contract requirements.

Policy and procedures shall be developed in consultation with the COTRs and approved by the ICE OIC for non-protected migrants and the DOS designee, for protected migrants, to ensure the confidentiality and security of all information pertaining to the migrant population.

The contractor shall establish a file on each migrant designated to the MOC. At a minimum, the file shall contain:

· Name and alien registration number;

· Initial screening and intake forms;

· Program rules and disciplinary policies;

· Copies of disciplinary actions;

· Receipt and inventory of cash and personal property;

· Release forms, and

· Any other relevant information

The contractor shall maintain files for the duration of the contract and then provide all migrant files to the respective COTRs at the end of the contract. The CO, COTRs, ICE OIC for non-protected migrants or and the DOS designee, for protected migrant files, as approved by the CO, may review any and all files at any time during the contract period.

The contractor shall report any information regarding migrants hunger striking or plans of a hunger strike to the ICE OIC for non-protected migrants or the DOS designee, for protected migrants, and the NAVSTA GTMO medical professionals immediately.

· The staff member receiving the initial information shall immediately notify the Program Manager, who shall attempt to determine the length of time migrant(s) have not eaten and any information indicating the reason for such action.

· The Program Manager will inform the Naval Station Hospital staff, ICE OIC for non-protected migrants and DOS designee for protected migrants and also conduct an immediate informal assessment to identify the following issues:

· The migrant(s) involved.

· Migrant(s) having close ties to the participants (roommates, fellow workers, etc.) for questioning.

· Claimed or underlying reasons for the hunger strike.

· Length of time it has been in progress.

· For non-protected migrants, the contractor shall consult with the medical provider to determine necessary medical reporting. It may include the following:

· Ensure food and liquids are provided during regular meal times

· Document whether the migrant eats / drinks food provided. Provide daily reports to the ICE OIC and NAVSTA GTMO medical staff on the migrant’s behavior, eating/drinking pattern and general appearance while the migrant is in the MOC and continuing his / her hunger striking.

· Alert the ICE OIC and NAVSTA GTMO medical staff about any unusual behavior by the migrant hunger striker(s) or other migrants at anytime while they refuse to eat and or drink.

· The migrant will be isolated to his / her room at the MOC whenever practical and possible in conjunction with their medical / mental health needs and in consultation with the NAVSTA GTMO medical professionals. This practice will allow for the MOC staff to better monitor the migrant’s physical and mental health situation and alert medical personnel promptly for any needs or changes.

· Migrants shall be placed in the Special Housing Unit if the migrant appears to be an immediate danger to him / herself or others and room isolation is not possible or upon the recommendation from the NAVSTA medical or mental health providers.

· Facilitate access of health and mental health professionals to any hunger-striking migrant at the MOC at any time as established by the ICE OIC and the care plan developed by the NAVSTA medical / mental health staff.

For protected migrants, DOS or the DOS designee will take responsibility for assessments and follow up reporting and actions, as needed and appropriate. For non-protected migrants, the ICE OIC will take responsibility for assessments and follow up reporting and actions, as needed and appropriate. The ICE OIC or DOS designee may request assistance from the contractor to address security and facilities issues related to the hunger strike.

The contractor shall prepare comprehensive post orders, approved by the ICE OIC and DOS designee and have staff certify in writing that they agree with and will comply with them. These certifications shall be made available to the government upon request.

The contractor shall be observant of migrants in an effort to identify unusual behavior including signs of depression and ensure the ICE OIC for non-protected migrants or the DOS designee, for protected migrants are apprised of specific concerns in the population. The ICE OIC for non-protected migrants or the DOS designee, for protected migrants will work in consultation with the NAVSTA GTMO medical professionals, NAVST GTMO security officials (where concerns surround a potential security threats) address the concerns and act in the best interests of the migrant, the safety of the MOC, the safety of the other migrants and the good order of the Naval installation as appropriate. Some of the additional contractor activities in this regard are:

· The contractor shall notify the ICE OIC for non-protected migrants or the DOS designee, for protected migrants immediately if a migrant’s behavior causes concern.

· Migrants identified by medical professionals as suicidal shall be placed under constant supervision as directed by medical professionals responsible for the migrants.

· For protected migrants, the contractor shall coordinate supervision with the DOS designee who may take full responsibility for supervision if deemed appropriate by the medical professionals. The contractor shall provide more frequent observation of migrants if such circumstances occur.

The Government may investigate any incident pertaining to performance of this contract. The contractor shall cooperate with the Government on all such investigations. The contractor shall immediately report all serious incidents to the ICE OIC, the DOS and / or its designee. A verbal notification by the Project Manager shall be made to the ICE OIC for incidents involving non-protected migrants, DOS and the DOS designee, for incidents involving protected migrants, within 2 hours of any incident and followed by a written report no later than 24 hours unless directed otherwise. Incidents not requiring a 2 hour telephonic notification will require a written report prepared by the Project Manager and submitted to the ICE OIC for incidents involving non-protected migrants and the DOS designee, for incidents involving protected migrants, within 12 hours of the incident. The report shall include the date, time, and location of incident; detailed description of incident; if law enforcement was notified; type of incident; identification of those involved and witnesses; descriptions of staff / migrant injuries; medical treatment provided; contractor response to incident; and any additional information requested by ICE and DOS.

The contractor shall ensure the MOC facility is physically inspected on a daily basis.

· Visual checks shall be conducted each shift of all exits that surround the MOC compound buildings. These checks shall be documented and a follow-up system implemented to correct all identified security concerns.

· The contractor shall report any facility physical damage or maintenance concerns to the COTRs, the ICE OIC and the DOS designee, for concerns impacting protected migrants, in writing within 24 hours of identification.

· The contractor, ICE OIC and / or DOS designee shall ensure that controlled tools, equipment, and hazardous materials be classified by security risk and those most likely to be used as a weapon be issued to migrants only under direct staff supervision. All controlled items accessible to migrants shall be accounted for at the beginning and end of each shift.

Policy and procedures for the maintenance and security of keys and locking mechanisms shall be developed. The procedures shall include, but are not limited to:

· Method of inspection to expose compromised locks or locking mechanisms;

· Method of reporting all damaged keys and / or locks; method of reporting any keys or mechanisms that may be compromised;

· Policy of restricting security keys from 24-hour issue or removal from the MOC; and method of issuing emergency keys.

Emergency keys shall be available for ALL areas of the facility to which emergency access or egress may be necessary and available to the contractor and senior government representatives to facilitate a response to any emergency. While the contractor shall maintain responsibility for master keys and lock maintenance of protected migrant housing, the DOS designee will take responsibility for protected migrant room assignment management and key distribution as approved by DOS. The DOS designee will develop policy and procedures for protected migrant room assignments and key distribution in consultation with the contractor.

The contractor shall provide assistance, if requested, to the DOS designee in locating and ensuring the return of any protected migrants to the MOC.

The contractor shall perform pat down inspections and room searches only if there is reasonable suspicion that the migrant is carrying contraband or other prohibited material.

· The DOS designee shall be informed prior to a pat down or room search for protected migrants with the exception of emergencies. Emergencies shall be appropriately justified and documented after the incident. The contractor shall develop a protected migrant inspection protocol in consultation with the DOS designee.

· The DOS designee will be present and available 24 / 7 for protected migrants.

· The contractor shall not conduct strip searches under any circumstances.

The contractor shall implement appropriate contraband control procedures. The contractor shall remove any item possessed by a migrant or found within the facility which is prohibited by MOC rules or NAVSTA GTMO, ICE, DOS, DOD, or the contractor.

· Contraband may include, but is not limited to, the following: drugs and alcohol, sharp objects or hardware that could be fashioned into a weapon, perishable foods that may pose health or spoilage problems, and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

· Prescription drugs should not be taken from migrants without first consulting with medical personnel. Swapping of prescription medications is not allowed.

The contractor shall contact the DOS designee to remove dangerous contraband from the protected migrant housing where necessary. The contractor shall inform the ICE OIC and the DOS designee about contraband found in the MOC within 1 hour.

Restraints shall not be used except to prevent migrant self-injury, injury to others, or property damage and shall always be used in accordance with contractor policy and procedures, the project manager shall provide a verbal report on the use of restraints to the ICE OIC, or the DOS designee for protected migrants, within 30 minutes of their application. An individual written report shall be prepared by the project manager submitted to the ICE OIC for non-protected migrants or the DOS designee, for protected migrants within 8 hours of the application of restraints.

The contractor shall monitor all incoming and outgoing phone calls for all non-protected migrants. The DOS designee shall monitor all incoming and outgoing phone calls for protected migrants.

The contractor shall be responsible for monitoring / screening outgoing and incoming mail to all migrants.

The contractor shall ensure all mail or items delivered to the facility addressed to all migrants are promptly delivered to them.

The contractor shall provide each non-protected migrant with a verbal and written orientation of the MOC rules for non-protected migrants and other relevant policies, and procedures within 12 hours of arrival at the MOC.

The contractor shall designate non-protected migrants to quarters appropriate to that designation of migrant.

The contractor shall transport newly arriving migrants to the MOC upon request by ICE. In addition the contractor shall clearly communicate to each migrant why and to where they are being moved to subdue any fear or apprehension that the migrant might have.

The contractor shall establish a procedure for conflict resolution between non-protected migrants and the contractor.

Prior to performance, the contractor, in consultation with ICE and DOS guidance and the NAVSTA administrative regulations pertaining to migrants (currently identified as Naval Station Instruction 5500 1.A), shall establish an internal set of MOC regulations and procedures for rule enforcement and consequence management that will clearly define non-protected migrant responsibilities for living in and using recreational space within the MOC perimeter and set forth rules to maintain order, to ensure migrant safety and security and prevent property damage within the MOC.

The contractor is responsible for all required movement / transportation of non-protected migrants to locations to and from the Leeward and Windward sides of GTMO. On occasion the contractor may be asked by the DOS designee to assist with transportation for protected migrants.

The migrant count system shall provide for at least one official count each 8-hour period. The count system shall include one daily stand-up count. During Saturday, Sunday and federal holidays, an additional official count shall be conducted. Random census counts of all migrant activity areas shall be conducted on a daily basis. All counts shall be documented in a log maintained in the MOC control center. Protected migrants will only be subjected to one count after curfew time. The DOS designee will conduct this count. There shall be a running count of the total number of all non-protected migrants at the MOC at all times.

The contractor shall facilitate the grievance procedure for migrants implemented by the Government. The contractor shall do this by communicating the procedure to non-protected migrants verbally and in writing, resolving complaints informally when possible, forwarding written complaints to the COTRs, and responding to complaints pertaining to contractor performance.

C.5.2 Health, Safety, Welfare, and Emergency

The contractor shall ensure the facility will be fully compliant with all applicable health and safety codes and standards. The contractor will contact base maintenance services at GTMO if it notices items that are not up to code and need to be rectified. Security shall be provided in a way to prevent incidents while respecting the rights and dignity of all migrants residing at the facility. Medical services and responses to injuries and illness shall be prompt and provide the proper medical care and attention.

The contractor shall take responsibility for reimbursing the Naval Station Hospital for medical services provided to non-protected migrants after the invoice is certified by the ICE COTR.

The contractor shall arrange for the delivery of meals prepared by NAVSTA GITMO and shall distribute it to non-protected migrants and those protected migrants who are unable to walk to the mess hall. The contractor shall also provide the needed paper products, utensils, trays, etc.

The contractor shall designate one employee, as part of collateral duty, as a recreation coordinator and supervise all recreation activity provided by the MOC for non-protected migrants.

C.5.3 Property, Equipment, Supplies, and Information

Government owned property, equipment, supplies, and information shall be safeguarded, timely inventoried, and controlled in accordance with applicable procedures. All valuables, whether government owned, contractor owned, migrant owned or contraband, will be controlled, secured, managed, released, or disposed as needed based on requirements.

During in-processing the personal property of all migrants shall be inventoried. When a migrant is deemed protected, their personal property is returned to them. When a migrant is deemed non-protected, their personal property is returned upon repatriation.

The contractor shall provide non-permanent temporary housing for up to 280 additional beds immediately after the total migrant population reaches 120. This shall be located in the fenced area on both sides of the Special Housing Unit. The contractor shall have all needed items on-site to erect this housing within 24 hours of a notice to proceed. The contractor shall utilize and maintain a storage area that protects the equipment, ensure it is maintained in a serviceable condition, inspect it once annually in concert with the ICE OIC replacing items that are worn, in disrepair or damaged and exercise a full set up of each site (east and west compounds) at least once annually. This will include tents, cots and associated migrant supplies.

The following requirements apply to the security equipment the contractor shall use to meet this objective:

· Firearms shall not be permitted as part of the security equipment utilized by the contractor for this requirement. Upon award of a contract, the security / enforcement equipment inventory shall not be modified without prior written approval of ICE, DOS and the COM NAVSTA which will be obtained via the COTR. Equipment must meet any existing ICE guidelines, as applicable.

· Security/Enforcement equipment shall be stored in a secure location and shall be inventoried daily.

· The contractor shall be responsible for providing an adequate radio system for unarmed security and custody officers’ communication throughout NAVSTA GTMO. Radio frequencies shall be submitted to the COTRs and Base Communications Officer for review and concurrence.

· Security / Enforcement Equipment includes but is not limited to: CCTV system, Video camera system, fire extinguishers, black out goggles, and flashlights.

The contractor shall provide migrants the following items based on need immediately upon arrival to the MOC: soap, wash cloth and bath towel, shower shoes, twin sheets, twin blanket, toothbrush / toothpaste, comb / brush, razor, feminine hygiene products, pillow, unisex clothing appropriate for tropical weather conditions, 2 pair of pants, 2 pair underwear, 2 T-shirts, and closed toe shoes.

· The contractor shall have all above items ready for immediate distribution to incoming migrants. Additionally, the contractor shall procure and provide the above mentioned items for up to 1000 migrants during a surge event. The Base Exchange cannot supply these items, therefore the contractor shall be responsible for the procurement and supply on hand.

The contractor, in coordination with DOS designee and the ICE OIC, shall develop and implement a daily housekeeping schedule for the MOC. The contractor shall be responsible for cleaning of floors, windows, furnishings, fixtures, and grounds on a daily basis in order to conform to the applicable health and sanitary requirements.

· The cleanliness and orderliness of the facility, including the visible components and surfaces thereof, affect security, safety, and morale of staff and migrants and shall be considered a significant indicator of overall quality.

· The three buildings that comprise the area with the MOC that are to be maintained are:

· Building 1567 – 2827 sq. feet

· Building AV622 – 13320 sq. feet

· Building - Segregation Unit – 3890 sq. feet Note: See Attachment #4 (Section J)

The contractor shall maintain a comprehensive MOC facility health and safety program plan in compliance with applicable NAVSTA GTMO policy and procedures.

· The contractor shall keep all floors, hallways, and exits free of barriers, impediments and hazardous substances.

· The contractor shall designate an individual to oversee the Public Health and Safety Program. This is not a full time position and can be a collateral duty. The person designated for this position shall receive the type of training necessary in order to properly carry out the duties required.

· In coordination with the ICE OIC and DOS Designee, the Contractor shall be responsible for delivering health and safety information to the non-protected and protected migrant population.

The contractor shall inspect the MOC compound comprised of dormitory style housing units, a segregated housing unit, common programs spaces, control center, Government occupied space, and inside the controlled perimeter on a daily basis. The contractor shall report any physical damage or maintenance concerns to the COTRs in writing within 24 hours of identification and to the ICE OIC and DOS designee during their routine daily or weekly meetings as defined.

· Policies for inspections of protected migrant rooms will be provided by DOS or its designee. When the contractor needs to enter a protected migrant’s room for maintenance purposes, it shall be coordinated with the DOS designee and the protected migrant must be provided advance notice.

· The contractor may enter a protected migrant’s room without prior notice, if it has reasonable cause to enter rooms based on security concerns. The DOS designee shall be informed prior to all room searches with the exception of emergencies. Such emergency searches shall be appropriately justified and documented.

C.5.4 Contractor Employee Requirements

The contractor shall provide a DOS and ICE approved Policies and Procedures Manual for contractor employees, addressing at a minimum:

· Organization

· Recruiting procedures

· Opportunities for Equal Employment

· Qualifying for jobs, job descriptions, responsibilities, salaries and benefits

· Screening employees for illegal drug use

· Holidays, leave and work hours

· Personnel records, employee evaluations, promotions, and retirement

· Training

· Standards of conduct, disciplinary procedures, and grievance procedures

· Resignation and termination

· Employee-management relations

The contractor shall provide a copy of the Policy and Procedures Manual to contractor employees.

The contractor shall establish and maintain policy and procedures that address sexual harassment complaints by migrants or staff. The contractor shall designate an individual to oversee the policy and investigate complaints. This is not a full time position and can be a collateral duty. The person designated for this position shall receive the necessary training in order to properly carry out the duties required. The Contractor shall coordinate with the ICE OIC and DOS Designee to ensure all migrants are oriented on appropriate sexual harassment policies and information.

It is essential that all contractor personnel (employed, subcontracted, or unpaid) meet the highest standards of professionalism and personal integrity.

The contractor shall develop written standards of conduct, along with specific disciplinary actions, which are consistent with the Federal Employee Responsibilities and Conduct and are approved by DOS and ICE respectively. These standards shall be maintained as a part of the contractor’s Personnel Policy Manual. Employees and subcontractors shall adhere to standards of employee conduct and integrity at all times. The contractor shall not employ volunteers to carry out its responsibilities under this scope of work. The contractor shall follow the procedures outlined below:

The contractor shall develop standards of employee conduct and corresponding disciplinary actions that are consistent with the standards of conduct identified below.

All employees shall certify in writing that they have read and understand these standards of conduct. A record of a certificate shall be provided to the COTRs prior to the employee’s beginning work under this contract. The contractor shall hold employees accountable for their conduct based upon the following:

· Employees shall not display favoritism or preferential treatment to one migrant, or group of migrants, over another.

· Employees shall not discuss or disclose information from migrant files except in the performance of duties under this contract.

· No employee shall interact with any migrant except in a relationship that supports the approved goals of the facility and its responsibilities as specified for the respective migrant classifications of non-protected and protected. Specifically, employees shall not receive or accept any personal (tangible or intangible) gift, favor or service for themselves or any members of their family from any migrant, any migrant’s family, or associate no matter how trivial the gift, favor or service may seem,. In addition, no employee shall give any gift, favor, or service to migrants, migrant’s family, or associates.

· No employee shall enter into any business relationship with migrants or their families (e.g. selling, buying or trading personal property).

· No employee shall have any outside or social contact with any migrant, his or her family, or associates, except for those activities, which are part of the facility program and a part of the employee’s job description. All employees are required to comply with applicable Naval Station rules and regulations.

All employees shall immediately report to the Corporate Security Officer / Project Manager or COTRs any violation of these standards. The COTR will in turn ensure the ICE OIC and / or the DOS designee is notified as applicable along with NAVSTA GTMO if necessary.

The contractor shall report all violations or attempted violations of the standards of conduct or any criminal activity to the COTRs. Violations may result in employee removal from NAVSTA facility. Failure on the part of the contractor either to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the contractor to appropriate action including possible termination of the contract for default.

The contractor shall not employ any person who is currently an employee of any federal agency, whose employment would present an actual or apparent conflict of interest.

If the COTRs or the contractor receive and confirm disqualifying information concerning a contract employee, the contractor shall, upon notification by the CO, immediately remove the employee from performing duties under this contract. The contractor shall immediately notify the COTRs, ICE, OIC, and DOS designee when the employee is removed from duty and the Naval Station as soon as practicable. Disqualifying information includes but is not limited to the following:

· Conviction of a felony, a crime of violence, or a serious misdemeanor;

· Possessing a record of arrests for continuing offenses;

· Falsification of information entered on suitability forms.

Based on articulable facts and / or supporting evidence ICE and / or DOS may direct the contractor to remove any…