Amendment 0001.doc

Amendment 0001

Solicitation HSCEDM-12-R-00001

The purpose of this amendment is to:

1. Answer questions received from the Offerors.

2. Amend the proposal submission date and question submission date.

3. Amend the past performance questionnaire submission date.

4. Provide the Hold Harmless Provision in Section H.

See changes as follows:

1. See attached answers to Offerors questions.

2. Section L.3.1 Instructions for Submissions by Offerors, is revised as follows:

Proposals Due:

Award will be made under Solicitation HSCEDM-12-R-00001. Proposals shall be submitted via US Mail, UPS, FedEx or choice of carrier no later than 4:00 PM EST on December 22, 2011.

It is required that all questions regarding the issued solicitation be received no later than 4:00pm, EST on December 14, 2011.

3.

Section L.3.2 Proposal Package Content, is revised as follows:

Past Performance Questionnaire: The Offeror shall complete the Past Performance Questionnaire and e-mail the questionnaire to the Government or private sector point-of-contact (POC) responsible for the past/current contract reference. The POC's shall be instructed to electronically complete the questionnaire and e-mail the entire questionnaire to Jisun.Kim@dhs.gov no later than 4:00pm Eastern Standard Time (EST) on December 14, 2011.

4. Section H Special Contract Requirements, is revised to incorporate Provision H.3 as follows;

H.3 Hold Harmless Provisions

Unless specifically addressed by the terms of this contract, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees.

A. Contractor Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the performance of this contract and caused by the negligence of its own officers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Contractor shall promptly notify ICE of any claims or lawsuits filed against any ICE employees of which Contractor is notified. The Contractor will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this contract.

B. Federal Government Held Harmless: Contractor liability for any injury, damage or loss to persons or property arising out of the performance of this contract and caused by the negligence of its own officers, employees, agents and representatives is governed by the applicable State tort claims act. ICE will promptly notify the Contractor of any claims filed against any of Contractor employees of which ICE is notified. The Federal Government will be held harmless for any injury, damage or loss to persons or property caused by a Contractor employee arising in the performance of this contract.

C. Defense of Suit: In the event a detainee files suit against the Contractor contesting the legality of the detainee's incarceration and/or immigration/citizenship status, or a detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will request that the U.S. Attorney's Office, as appropriate, move either to have the Contractor dismissed from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, ICE will request that the U.S. Attorney's Office be responsible for the defense of any suit on these grounds.

D. ICE Recovery Right: The Contractor shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to U.S. Government property. Upon request of the Contracting Officer, the Contractor shall furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery.

E. Claims for Injury: Any claims for injury by an employee of the Contractor while performing under the terms of this contract shall be considered a workplace accident with worker’s compensation being an exclusive remedy against the Contractor. ICE shall be considered an insured under the Contractor’s worker’s compensation insurance.