Attachment 1 - Section C PWS - 10-27-2011.doc

SECTION J – ATTACHMENT 1

Performance Work Statement

ATTACHMENT 1 - SECTION C

Description/Specifications

NYC Field Office - Detention/Transportation Services Department of Homeland Security (DHS)

U.S. Immigration and Customs Enforcement (ICE)

Enforcement and Removal Operations (ERO)

PERFORMANCE WORK STATEMENT (PWS)

SUBSECTION 1 –INTRODUCTION

Objective

Pg3 Background

Mission

Performance Work Statement

Detention Officer Performance

Rules and Regulations

Pg6 Ambiguities

Terms

SUBSECTION 2 – GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

Contractor’s Policies and Procedures Manual

Pg11

ICE Operations Manual

Facility Staffing Plan and Key Personnel

Supervisory Staffing

Key Personnel

Employee Standards

Training Program

Meetings

Pg12 Short Period Detainee Sites

Health and Medical Care

Transportation

Detainee Transportation – Hearings

Detainee Transportation – Hospital

SUBSECTION 3 – PERSONNEL

Employee Conduct

Pg13 Personnel Qualifications Standards

Pg13 Health Requirements

Pg14 Removal from Duty

Pg14 Tour of Duty Restrictions

Pg16 Dual Positions

Personnel Records

Uniform Requirements

Identification Credentials

Pg17 Permits and Licenses

Justifications

Encroachment

Work Requirements

Post Work Schedules

Starting and Stopping Work

Recording Presence

Pg18 Rest Periods

Contract Relief

SUBSECTION 4 – SECURITY REQUIREMENTS

General

Pg19

Suitability Determination

Background Investigations

Transfers from other ICE contracts

Pg20

Continued Eligibility

Employment Eligibility

Security Management

Pg21

Information Technology Security Clearance

Information Technology Security Training and Oversight

SUBSECTION 5 – TRAINING

Training

Pg22 General Training Requirements

On the job Training

Refresher Training

Pg22 Supervisory Training

Proficiency Testing

Pg23 Certified Instructors

Pg23 Training Documentation

Pg23 Firearms Requirements

Pg23

SUBSECTION 6 – POST SECURITY AND CONTROL

General Security and Control

Pg25 Records and Reports

Escapes

SUBSECTION 7 – HEALTH SAFETY AND EMERGENCY STANDARDS

Disturbances and Safety

Pg26 Injury, Illness, and Reports

Protection of Employees

Emergency Medical Evacuation

Detainee Death or Injury

SUBSECTION 8 – FACILITY EQUIPMENT and SUPPLIES

Facility, Equipment, and Supplies

Pg27

SUBSECTION 1

INTRODUCTION

1.0 OBJECTIVE

The objective of this contract is obtaining services for all oversight management, supervision, testing, training, random and targeted drug testing, certifications, licenses, insurance, bonds, technically trained personnel, wages and fringe benefits, reports, uniforms, weapons and ammunition, equipment, materials, and supplies (except property and items which are furnished by the Government) necessary to provide armed and unarmed Detention/Transportation Services in the New York City metropolitan area.

1.0.1 Performance Work Statement (PWS) describes a performance based work environment in terms of “what” the required detention service outputs are, rather than “how” to perform the work. This PWS attempts to create a government-contractor relationship that promotes achievement of mutually beneficial goals, and promotes a partnership environment. The contractor is encouraged to strive for constant improvement and innovation in the performance of this contract as long as the performance objectives are being achieved at the desired levels of performance. ICE will monitor the contractor using a Quality Assurance Surveillance Plan (QASP). The ultimate goal of this PWS is for the contractor to establish a quality customer-focused multifunctional team meeting the needs of ICE.

1.1

BACKGROUND

U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation and deportation of immigrants in removal proceedings and immigrants subject to final order of removal. The intent of this contract is to identify Detention Officer (DO) tasking as appropriate for managing this activity. Heretofore, guard, security officer, custody officer and other titles have been applied to work that involves the management and transportation of immigrants in a secure manner. This contract will provide Detention/Transportation Services for 201 Varick Street, New York, NY which are currently being performed by U.S. ICE personnel. Currently, the facility is operated as a detainee processing center and court rooms are utilized for hearings, with the detainees being relocated to nearby jails.

1.2

MISSION

The mission of the Enforcement and Removal Operations (ERO) is the planning, management, and direction of a broad program relating to supervision, detention and deportation of immigrants who are in the United States illegally. These activities are chiefly concerned with enforcement of departure from the United States of immigrants who have entered illegally or have become removable after admission. In implementing its mission, ERO is responsible for carrying out all orders for the required departure of immigrants handed down in removal proceedings, or prior thereto, and arranging for detention of immigrants when such becomes necessary.

1.3

PERFORMANCE WORK STATEMENT

the Contractor shall provide, operate, manage, and maintain uniformed DOs, 24-hours per day, 5-days per week, year-round including holidays, for the transportation of detainees under the responsibility of ICE-ERO. The Contractor shall evaluate specific tasks required, and create a composite plan to achieve successful results. The Contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the Government related to this contract.

1.4

DETENTION OFFICER PERFORMANCE

1.4.1 Contractor Detention Officers shall:

1.4.1.1 Escort and maintain custody of the detainee(s) under order of the COTR or U.S. ICE employee.

1.4.1.2 Accompany detainees to Immigration Court hearings, or to an interview at an U.S. ICE office or other locations as necessary (hospitals, consulates, embassies, medical clinics, courts).

1.4.1.3 Prevent public contact or keep to a minimum.

1.4.1.4 Transport the detainee to and from a location(s) as identified by the COTR or ICE Officer.

1.4.1.5 Provide security for detainees admitted for medical care at local hospitals around the clock.

1.4.2 Anticipated Transport Routes:

The transport of detainees to and from various destinations by the contractor shall be performed by the most economical and direct means, using traditional highways while being cognizant of local traffic conditions.

1.4.3 New York/New Jersey Locations

The following routes/destinations are probable requirements for this agreement and are round trip in nature. These routes (mile approximations) are not all inclusive and may vary contingent upon detainee population and exigencies of ERO.

Weekly = 3 or less times per week; Periodic = as required

(bus, van, sedan) Frequency

VRK is ICE Building located at 201 Varick Street in Manhattan @ West Houston Street/King Street

VRK to Bergen County Jail, NJ 160 S. River Road

Hackensack, NJ 07601

Trip (RT)

VRK to Hudson County Jail, NJ 35 Hackensack Ave Kearney, NJ 07032

VRK to Monmouth County Jail, NJ 1 Waterworks Road Freehold, NJ 07728

VRK to Orange County Jail, NY 110 Wells Farm Road Goshen, NY 10924-6743

VRK to Queens Central Booking – NYCDOC 126-06 Queens Boulevard

Queens, NY 11415

VRK to Suffolk County Jail, NY 100 Center Drive Riverhead, NY 11901

(bus, van, sedan) Frequency

VRK to Nassau County Jail, NY 100 Carmen Avenue

East Meadow, NY 11554

VRK to Rockland County Jail, NY 53 New Hempstead Road

New City, NY 10956

VRK to MCC (Manhattan) Federal BOP, Metropolitan Correctional Center

150 Park Row, New York, NY 10007

Federal BOP, Metropolitan Detention Center

80 29th St. Brooklyn, NY 11232

1.4.4 Transporting Detainees to Hospitals:

The Contractor shall, upon order of the COTR or U.S. ICE Officer, or in an urgent medical situation, at the Contractor’s own decision - transport a detainee to a hospital. Specific hospitals are not defined herein. However, vast majority hospitals are located in within 10 miles of 201 Varick Street. Transportation will depend on the illness/condition/injury of the detainee and the ability of the facility to admit or care for patients. The safety and security of the detainee will be maintained at all times.

1.4.4.1 New York Hospitals per call as needed - Various Locations

(Approximately 2 – 3 times per week)

1.4.4.2 New Jersey Hospitals per call as needed – Various Locations

(Approximately 2 -3 times per week)

Hospital security posts shall be located in areas that provide constant visual and auditory surveillance of detainees and provide DOs with the capability to respond promptly to emergency situations.

Officers shall keep the detainee under constant (24 hours per day and 5 days per week) supervision until the detainee is ordered to be released from the hospital, or by order of the COTR. After the detainee is released from the hospital, the Contractor shall transport the detainee to the detention site.

1.4.5(A) New York - Permanent Staffing for New York City – 201 Varick Street

Per shift per Person

man-hours per shift day Total man-hours per week

Total

per week day per week

(M-F)

1.4.5(B) New York City - Drivers/Escorts

Per shift per Person Days Per Week

(including Holidays)

1.4.6 The Contractor shall comply with the U.S. ICE 2008 PBNDS as to the number of Detention Officer (DO) should use to escort detainees. However, during all transport activities, at least one officer shall be the same gender as the detainee(s). No single driver of the opposite gender shall drive a single person of the opposite gender. This is above and beyond the requirement of U.S. ICE 2008 PBNDS.

Any ambiguities regarding application of these guidelines should be directed to the ICE COTR for review and guidance.

1.5

RULES AND REGULATIONS:

The Contractor shall abide by all rules and regulations governing DO Performance. The rules and regulations are found in the following sources:

1.5.1 Post Orders

1.5.2 General Directives

1.5.3 American Correctional Association (ACA) Standards for Adult Detention Facilities and the most recent copy of the supplement issued every two years. A copy is obtainable through the Internet website www.aca.org/bookstore/view.asp for purchase.

1.5.4 M-68 (A Guide to Proper Conduct and Relationships with Immigrants and the General Public) – http://onlinepluse.ins/graphics/lawsregs/handman/handbkman/fieldmangd.htm

1.5.5 The U.S. ICE 2008 Performance Based National Detention Standards (PBNDS) – A copy is obtainable on the Internet website http://www.ice.gov/detention-standards/2008/.

1.5.6 All rules and regulations governing public buildings and grounds.

1.5.7 All regulations provided to the Contractor through the COTR.

1.6 AMBIGUITIES:

If the Contractor is unable to determine which applicable state and local law or standard is more stringent, the Contracting Officer (CO) will make a determination.

1.7 TERMS:

ACA Standards - The American Correctional Association Standards (ACA) for Adult Local Detention Facilities.

Contract Specialist (CS) - ICE employee responsible for contract compliance, contract administration, cost control, and reviewing COTR’s assessment of Contractor’s performance.

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

Immigrant – Any person who is not a citizen or native of the United States of America.

U.S.Immigration and Customs Enforcement (ICE) – An agency under the U.S. Department of Homeland Security.

Classification - A process for determining the needs and requirements of those detainees for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.

Contraband - Any item possessed by a detainee or found within the facility, which is declared illegal by law, or expressly prohibited, by ICE or the Contractor. Contraband may include, but is not limited, to the following: 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.

Contractor Employee - An employee of a private Contractor hired to perform a variety of detailed services within the detention facility.

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

Contracting Officer’s Technical Representative (COTR) - The ICE employee(s) appointed by the Contracting Officer to monitor all technical aspects of the contract, certify invoices for payment, and assist in administrating the contract.

Contractor - The firm, individual or entity, following contract award, with whom U.S. ICE enters into this contract. The provider of services described in the Performance Work Statement (PWS).

Credentials - Documents providing primary source verification including education, training, licensure, experience, board certification and expertise of an employee.

Department of Homeland Security (DHS) – A department of the United States Government, which includes the agency – U.S. Immigration and Customs Enforcement (ICE).

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security (DHS).

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

Detention Officer (DO) - Contractor uniformed employees responsible for the security, care, and supervision of detainees being transported while detained or under ICE proceedings.

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

Emergency - Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, natural disaster or other serious incident.

Emergency Care - Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call.

Enforcement and Removal Operations (ERO) – Program within U.S. ICE primarily responsible for the detention and removal of those immigrants in the county illegally. ERO is the program directly involved in the oversight of private detention facilities whose primary mission is to detain and house illegal immigrants.

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

First Aid – Health care for a condition that requires immediate assistance from an individual trained in first aid care and the use of the facility's first aid kits.

Grievance - A written complaint filed by a detainee concerning personal health/welfare.

Health Authority - The physician, health administrator, or agency on-site that is responsible for health care services pursuant to a written agreement, contract, or job description.

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

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

ICE – Created in March 2003, U.S. Immigration and Customs Enforcement is the largest investigative branch of the Department of Homeland Security (DHS). The agency was created after 9/11, by combining the law enforcement arms of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service, to more effectively enforce our immigration and customs laws and to protect the United States against terrorist attacks. ICE is a key component of the DHS "layered defense" approach to protecting the nation.

ICE Officer - An employee of ICE working within the Enforcement and Removal Office (ERO) designated, as required, by the Officer-in-Charge (OIC) to represent the agency on matters pertaining to the operation of the facility.

ICE Standards - See 1.5 RULES AND REGULATIONS

Juvenile Detainee – Any detained immigrant under the age of eighteen (18) years unless the juvenile has been determined to be emancipated in an appropriate state judicial proceedings, or is an individual who has been incarcerated due to a conviction for a criminal offense as an adult.

Log Book - The official record of post operations and inspections.

Medical Records – Separate records of all detainee medical examinations, diagnoses, and treatments maintained by the Division of Immigration Health Services.

On-Call Posts – Posts decided as necessary by the COTR. Not permanent posts.

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

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

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

Procedure - The detailed and sequential actions that are executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a specific task within the guidelines of that policy.

Project Manager – Contractor employee responsible for on-site supervision of all contractor employees with the authority to act on behalf of the Contractor. The Project Manager cannot simultaneously serve in the role of manager and officer or supervisory officer.

Property – Refers to personal property belonging to a detainee.

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

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

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

Restraint Equipment - This includes handcuffs, wrist restraints, leg restraints, and disposable nylon straps.

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

Security Risk – High, Medium, Low

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

· Medium Risk Level - Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior.

· Low Risk Level - Detainees exhibit no behavioral problems and have no history of violent criminal behavior.

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

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

Suitability Check – Security clearance process for Contractor and all Contractor Employees to determine suitability to work.

Tour of Duty – no more than 12 hours in any 24-hour period with a minimum of eight (8) hours off between shifts.

Training - An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, in an academy or training center, at an institution of higher learning, through contract services, 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.

Transportation Costs –All materials, equipment and labor necessary to respond to requests by designated officials for movement of detainees from place to place necessary for processing, hearing, interviews, or other situations as determined by the COTR or designated official.

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

SUBSECTION 2

GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

The Contractor shall provide a safe and secure environment for staff and detainees through effective and continuously monitored program management.

2.0 CONTRACTOR’S POLICIES AND PROCEDURES MANUAL:

2.0.1 The Contractor shall provide a Policies and Procedures Manual addressing:

2.0.1.1 Organization

2.0.1.2 Recruiting procedures

2.0.1.3. Opportunities for Equal Employment

2.0.1.4 Qualifying for jobs, job descriptions, responsibilities, salaries and fringe benefits

2.0.1.5. Screening employees for illegal drug use

2.0.1.6 Holidays, leave, and work hours

2.0.1.7 Personnel records, employee evaluations, promotion, retirement

2.0.1.8 Training

2.0.1.9. Standards of conduct, disciplinary procedures, and grievance procedures

2.0.1.10 Resignation and termination

2.0.1.11 Employee-management relations

2.1 ICE OPERATIONS MANUAL:

The Contractor shall maintain the U.S. ICE Operations Manual that contains U.S. ICE written policy, plans, and procedures.

2.2 FACILITY STAFFING PLAN AND KEY PERSONNEL:

The Contractor shall staff post positions to support the Staffing Plan.

2.2.1 Minimum Staffing Requirements: The Contractor shall fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population.

2.3 SUPERVISORY STAFFING:

The Contractor shall provide for the satisfactory supervision of its employees at all times. The Contractor shall provide the COTR with the names of Supervisory Detention Officers designated by the Contractor if there are any changes after the commencement of services.

2.4 KEY PERSONNEL:

The Contractor shall provide resumes for any key personnel to the COTR if there are any changes after the contract award. The COTR shall provide written approval before any employee is assigned to perform key duties under this contract. The Contractor shall have key personnel employed and on site before the Contractor can begin contract performance.

2.5 EMPLOYEE STANDARDS:

2.5.1 All employees shall meet the highest standards of professionalism and personal integrity. Standards of professionalism include competency, training, appearance, and behavior.

2.5.2 The Contractor shall perform pre-employment suitability checks for all employees and prospective employees as required in Subsection 4 of this PWS.

2.6

TRAINING PROGRAM:

2.6.1 The Contractor shall establish a training program required in the U.S. ICE 2008 PBNDS and Section 5 of this PWS.

2.7 MEETINGS:

The Project Manager shall participate in U.S. ICE management meetings as required by the COTR. A post-award contract kick-off meeting at the Varick Street facility will be held shortly after the award and all Key Personnel shall attend.

2.8 SHORT PERIOD DETAINEE SITES:

Detainees held for short periods shall be kept in appropriate sites, such as hold rooms or airline lounges. Public contact shall be kept to a minimum.

2.9 HEALTH AND MEDICAL CARE:

2.9.1 DOs shall ensure that medical emergencies are recognized and promptly attended to.

2.9.2 DO’s shall notify the COTR or U.S. ICE Officer of all immigrant requests or obvious need for medical treatment.

2.10 TRANSPORTATION:

2.10.1 Transportation Services:

2.10.1.1 The Contractor shall provide two person teams of armed officers to securely transport immigrant detainees in a timely manner to locations within the New York City metropolitan area to include New York and New Jersey on a 24 hours a day/5 days a week schedule.

2.10.1.2 A trip log shall be created and maintained for each vehicle. Parking summonses incurred are the responsibility of the contractor and shall be paid in a timely manner. Vehicles shall be parked in such a manner as to abide by local laws and minimize issuance of summons or towing/booting. A chronological summons log will be maintained by the program manager indicating disposition.

2.10.1.3 Hospital security posts shall be located in areas that provide constant visual and auditory surveillance of detainees and provide DOs with the capability to respond promptly to emergency situations.

2.10.1.4 During all transport activities, at least one officer shall be the same gender as the detainee(s). No single driver of the opposite gender shall drive a single person of the opposite gender.

2.11 DETAINEE TRANSPORTATION – HEARINGS:

2.11.1 The Contractor shall, upon order of the COTR or U.S. ICE Officer, transport detainee(s) to locations specified for hearings.

2.11.2 Maintain custody of the detainee while at the hearing;

2.11.3 Limit the detainees contact with the public, but not to his or her attorney;

2.11.4 Upon completion of hearings, transport the detainees to an ICE Officer at the detention site for processing.

2.11.5 The COTR or ICE Officer may provide the Contractor with documentation concerning the detainee(s) being transported to and from the hearing site. This material shall be kept confidential and shall not be viewed by any person other than an ICE or court official.

2.12 DETAINEE TRANSPORTATION - HOSPITAL:

2.12.1 The Contractor shall, upon order of the COTR or an ICE Officer, or in an urgent medical situation, at the Contractor’s own decision - transport a detainee to a hospital.

2.12.2 DO’s shall keep the detainee under constant (24 hours per day and 5 days per week) supervision until the detainee is ordered to be released from the hospital, or by order of the COTR. The Contractor shall then transport the detainee to the detention site.

SUBSECTION 3

PERSONNEL

The Contractor shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels. The Contractor shall ensure that employees meet the standards of competency, training, appearance, behavior and integrity.

3.0 EMPLOYEE CONDUCT:

3.0.1 The Contractor shall develop standards of employee conduct and corresponding disciplinary actions.

3.0.2 All employees shall certify in writing that they have read and understand the Contractor standards. The Contractor shall maintain a record of this certificate.

3.0.3 The Contractor shall hold employees accountable for their conduct based on these standards, which are not restricted to, but shall include:

3.0.3.1 Employees shall not display favoritism or preferential treatment to one detainee, or group of detainees, over another.

3.0.3.2 Employees shall not discuss or disclose information from detainee files or immigration cases, except when necessary in the performance of duties under this contract.

3.0.3.3 The employee shall not interact with any detainee except in a relationship that supports the approved goals of the facility. Specifically, employees shall not receive nor accept any personal (tangible or intangible) gift, favor or service, from any detainee, any detainee's family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give any gift, favor, or service to detainees, detainee’s family, or associates.

3.0.3.4 The employee shall not enter into any business relationship with detainees or their families (e.g. - selling, buying or trading personal property).

3.0.3.5 The employee shall not have any outside or social contact with any detainee, 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.

3.0.3.6 All employees shall to immediately report to the Project Manager or ICE Supervisor any violation or attempted violation of these standards.

3.0.3.7 The Contractor shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COTR. Violations may result in employee removal from the contract. 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.

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

3.1 PERSONNEL QUALIFICATION STANDARDS:

3.1.1 The Contractor shall ensure each person employed by his firm, has a valid Social Security Card issued by the Social Security Administration.

3.1.2 The Contractor shall ensure each person is a United States Citizen and possess a high school diploma, or equivalent (GED).

3.1.3 In addition, each contract employee shall meet the following requirements to the satisfaction of the COTR:

3.1.3.1 All employees shall be a minimum of 21 years of age.

3.1.3.1.1 All Contractor employees shall have as a minimum one year of experience as a law enforcement officer or military policeman or six months experience as a security officer engaged in functions related to detaining civil or administrative detainees.

3.1.3.1.1.1 Employees shall have at least one year of general experience that demonstrates the following:

3.1.3.1.1.1.1 The ability to greet and deal tactfully with the general public.

3.1.3.1.1.1.2 Capability of understanding and applying written and verbal orders, rules, and regulations.

3.1.3.1.1.1.3 Literate and able to interpret printed rules and regulations, detailed written orders, training instructions and materials.

3.1.3.1.1.1.4 Be able to compose reports.

3.1.3.1.1.1.5 Exercise good judgment, courage, alertness, an even temperament, and render satisfactory performance through knowledge of his/her position responsibilities.

3.1.3.1.1.1.6 Ability to maintain poise and self-control during situations that involve mental stress; such as fires, explosions, civil disturbances, and building evacuations.

3.2 HEALTH REQUIREMENTS:

3.2.1 The Contractor shall assign only employees who are in good health to work under this contract. Employees shall be without physical defects or abnormalities that would interfere with performing duties.

3.2.2 All DOs who work under this contract shall pass a medical examination conducted by a licensed physician within 30 days prior to initial assignment.

3.2.3 If requested by the COTR, the Contractor shall make medical records of contract employees available for review.

3.2.4 The Contractor shall have utilized a fully licensed certified independent clinic and laboratory for the purpose of accomplishing the physical.

3.2.4.1 Prior to the officer’s initial assignment or reassignment to the contract the Contractor shall certify in writing to the COTR that each DO is in full compliance.

3.3.4.2 DOs shall be free from serious physical illnesses, ailments, or maladies, including epilepsy. This also includes other diseases that may be transmitted to and result in the disablement of other persons.

3.2.5 DOs are required to have the following: (a) uncorrected distant vision shall be equal to or better than 20/200 in each eye; (b) binocular distant vision shall be correctable to 20/20; (c) monocular vision is generally disqualifying; depth perception shall be equal to or better than 70 seconds of arc; (d) peripheral vision shall be normal; (e) color vision shall be normal.

3.2.5.1 Acceptable measure of color discrimination is the Ishihara color (14 plates). X-chrome lenses are not acceptable to the ICE as a means of correcting color deficiencies.

3.2.5.1 Any disease or condition, which interferes with a person’s vision, may be considered disqualifying. Exceptions will be reviewed on a case-by-case basis by COTR.

3.2.6 DOs are required to be able to hear in the frequency range from 500-2000 hertz (Hz), the deficit should not exceed 30 decibels in either ear. At 3000 Hz, the deficit should not exceed 40 decibels in either ear.

3.2.6.1 The use of any hearing aid to comply with the medical standards is acceptable.

3.2.6.2 Exceptions will be reviewed on a case-by-case basis by the COTR.

3.2.7 DOs shall not have heart, lung, skeletal, or other physical defects that would impair his/her ability to perform effectively in either normal or emergency situations.

3.2.8 DOs shall possess unimpaired use of hands, arms, legs, and feet. DOs shall be able to run when necessary, be capable of handling portable fire extinguishers, building fire hoses, and related equipment.

3.3.8.1 DOs shall be able to wear all necessary equipment, or other protective items.

3.2.9 DOs shall be mentally alert and emotionally stable with an absence of detectable neurotic or psychoneurotic conditions that would affect their ability to act during situations involving mental stress.

3.2.10 As required by the Occupational Safety and Health Administration; 29 CFR, Part 1910.1035 (Occupational Exposure to Tuberculosis - TB), all employees in occupations with high-risk exposure shall have a TB Skin Test completed annually.

3.2.10.1 The Contractor shall accomplish a baseline test on all newly hired employees.

3.2.10.2 Each employee shall have a TB Skin Test Certificate prior to entering on his/her first day of duty.

3.2.10.3 The Contractor shall be responsible for re-testing of employees annually.

3.2.11 The Contractor shall report immediately any changes to 3.2.5 through 3.2.10, in a DO’s health status to the COTR.

3.2.11.1 If the COTR determines that Contractor employees do not meet minimum health standards, the Contractor’s employee shall undergo a “Fitness for Duty” examination at no cost to the Government.

3.3 REMOVAL FROM DUTY:

3.3.1 If the COTR or the Contractor receives and confirms disqualifying information concerning a Contractor employee, the Contractor shall, upon notification by the CO, immediately remove the employee from performing duties under this contract. The Contractor shall revoke the employee’s identification credentials and complete any required dispositions. Disqualifying information includes but is not limited to the following:

3.3.1.1 Conviction of a felony, a crime of violence, or a misdemeanor.

3.3.1.2 Possessing a record of arrests for continuing offenses.

3.3.1.3 Falsification of information entered on suitability forms.

3.3.1.4 Non-payment of court ordered payments (child support, liens, etc.) or excessive delinquent debt as determined by credit check.

3.3.1.5 Misconduct or negligence in prior employment, which would have a bearing on efficient service in the position in question, or would interfere with or prevent effective accomplishment by the employing agency of its duties and responsibilities.

3.3.1.6 Alcohol abuse of a nature and duration, which suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of others.

3.3.1.7 Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation.

3.3.2 ICE may direct the Contractor to remove any employee who has been disqualified either for security reasons or for being unfit to perform their duties as determined by the COTR or the Contracting Officer.

3.3.2.1 The Contractor shall take action immediately and notify the COTR when the employee is removed from duty.

3.3.2.1.1 A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below:

3.3.2.1.1.1 Violation of the Rules and Regulations Governing Detention facilities set forth in the U.S. ICE 2008 PBNDS.

3.3.2.1.1.2 Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3.

3.3.2.1.1.3 Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance.

3.3.2.1.1.4 Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

3.3.2.1.1.5 Theft, vandalism, or any other criminal actions;

3.3.2.1.1.6 Possessing, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects.

3.3.2.1.1.7 Unethical or improper use of official authority or credentials;

3.3.2.1.1.8 Unauthorized use of communication equipment or government property.

3.3.2.1.1.9 Misuse of equipment.

3.3.2.1.1.10 Violations of security procedures or regulations.

3.3.2.1.1.11 Recurring tardiness.

3.3.2.1.1.12 Possession of alcohol or illegal substances while on duty.

3.3.2.1.1.13 Undue fraternization with detainees as determined by the COTR;

3.3.2.1.1.14 Repeated failure to comply with visitor procedures as determined by the COTR;

3.3.2.1.1.15 Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense resulting in, or contributing to, a detainee escape;

3.3.2.1.1.15.1 Failure to maintain acceptable levels of proficiency or to fulfill training requirements.

3.3.2.1.1.15.2 Changes in an employee’s ability to meet the physical and/or mental health requirements of this contract.

3.3.2.1.1.15.3 Contractor employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the investigation.

3.4 TOUR OF DUTY RESTRICTIONS:

The Contractor shall not utilize any uniformed contract employee to perform duties under this contract for more than 12 hours in any 24-hour period, and shall ensure that such employees have a minimum of eight (8) hours off between shifts. Authorization is required from the COTR prior to an employee performing services that exceed 12 hours. If an employee is performing other duties for either the Contractor or another employer, those hours shall count against the 12-hour limitation.

3.5 DUAL POSITIONS:

The contract allows for an individual to serve as both, a contract Detention Officer and Supervisor/Lead Detention Officer, simultaneously. The supervisory position responsibilities shall be executed in a manner that does not interfere with the daily requirements of the specific Detention Officer Post.

3.6 PERSONNEL RECORDS:

3.6.1 The Contractor shall maintain a system of personnel files, and make all personnel files available to the CO and the COTR upon request. These files shall be maintained and current for the duration of the employee’s tenure under the contract. The files shall contain verification of training and experience and credentials for all the staff.

3.7 UNIFORMS: These requirements apply to Supervisory DOs and DOs who perform work under the contract.

3.7.1 Uniforms:

3.7.1.1 The design and color of the Contractor’s uniforms shall not be similar to those worn by ICE/ERO officers.

3.7.1.2 All officers performing under this contract shall wear uniforms of the same style and color while on duty. Lettered breast badges and cap insignia shall indicate the rank of authority and be prominently displayed as part of each uniform.

3.7.1.3 A shoulder patch on the left shoulder should identify the Contractor. The officer shall not wear any other identification of the Contractor on the uniform. Each officer shall wear an identification name plate over the right breast shirt pocket bearing the last name in large readable font.

3.7.1.4 Uniforms and equipment do not have to be new, but shall be in good condition and meet the standards at start of shift. Officers not in proper uniform shall be considered "not ready for duty/not on duty" until properly uniformed. All uniforms shall be clean, neat, pressed, odor free and in good order.

3.7.2 The complete uniform consists of seasonal attire that includes appropriate shirt, pants, belt (mandatory), cap (mandatory), jacket, shoes or boots (mandatory), duty belt with issued firearm, holster and ammo, duty flashlight and holder, portable radio, handcuff case, body armor, and disposable gloves.

3.7.3 The Contractor shall ensure that each officer has a complete uniform while performing assignments under this contract.

3.7.4 Prior to the contract performance date, the Contractor shall document to the COTR the uniform and equipment items that have been issued to each employee. The COTR shall have the right to approve or disapprove any uniform apparel.

3.7.5 Body Armor shall meet U.S. ICE/ERO standards and shall be utilized as required per U.S. ICE/ERO Policies and Standards.

3.8 IDENTIFICATION CREDENTIALS:

3.8.1 The Contractor shall ensure that all employees have required identification credentials in their possession.

3.9 PERMITS AND LICENSES:

3.9.1 Business Permits And Licenses

3.9.1.1 The Contractor shall obtain all required permits and licenses before performing under the contract.

3.9.1.2 The Contractor shall (depending on the state’s requirements) be licensed as a qualified security service company in accordance with the requirements of the District, Municipality, County, and State in which the ICE work site(s) is/are located.

3.9.1.2.1 Throughout the term of this contract, the Contractor shall maintain current permits/business licenses and make copies available for government inspection. The Contractor shall comply with all applicable Federal, State, and Local laws and all applicable Occupational Safety and Health Administration (OSHA) standards.

3.9.2 Licensing of Employees

3.9.2.1 Before reporting to duty on this contract, the Contractor shall ensure each employee has registration, commissions, permits and licenses as required by the District, Municipality, County, and State in which the ICE work site is located.

3.9.2.2 The contractor shall verify all licenses and certifications. If applicable, Contractor staff shall possess a current license/registration, in the state in which they are practicing.

3.10 JUSTIFICATIONS:

The Contractor’s authority under this contract is limited to space or posts that are under the control of ICE.

The Contractor will not extend his services into any other areas.

3.11 ENCROACHMENT:

3.11.1 Contract employees shall not have access to Government equipment, documents, materials and telephones for any purpose other than as authorized by U.S. ICE.

3.11.2 Contract employees shall not enter any restricted areas of the facility unless necessary for the performance of their duties.

3.12 WORK REQUIREMENTS:

The Contractor shall follow the criteria described below when establishing work schedules, contact relief, rest periods, and starting and stopping work.

3.13 POST WORK SCHEDULES:

3.13.1 One week in advance, the Contractor shall prepare supervisory and DO work schedules, for a two- week period and shall post them in work areas or locker rooms.

3.13.2 A Staff availability update shall be submitted to the COTR as requested.

3.14 STARTING AND STOPPING WORK:

3.14.1 The Contractor is shall ensure that all employees are dressed in full uniform with equipment and ready to begin work promptly at the beginning of each shift. Each employee shall remain at the duty locations until the shift is completed or until properly relieved.

3.15 RECORDING PRESENCE:

3.15.1 The Contractor shall direct his/her employees to sign in when reporting for work, and to sign out when leaving at the end of their duty shift to include shortened shifts.

3.15. 2 The Contractor’s personnel shall register at the applicable work site(s). Officers, working as supervisors, shall make the designation "Supervisor" in the rank column on GSA Form 139, Record of Arrival and Departure from Buildings During Security hours, or other forms required by ICE; all others will enter "On Duty." The applicable post or position numbers may be entered in the "relief" column after mutual concurrence between the COTR and the Contractor.

3.15.2.1 Each line on GSA Form 139, Record of Arrival and Departure from Buildings During Security Hours, or other forms required by ICE shall be completed in chronological order, without exception. Lines may not be left blank between signatures. If an entire line is used to enter a calendar date to separate individual workdays, a one-line limit for each date entered will be followed. Erasures, obliterations, superimposed or double entries of any type on any one line are unacceptable and will not be processed for payment. If errors are made in signatures, times, post numbers or duty status on this form, the next line immediately following the line containing such errors, shall be used to record all corrected information. A single line shall be drawn through the entire line on which such mistakes appear. The Contractor shall attach a detailed memorandum explaining the reasons for the mistakes to each form containing erroneous entries. Payment of invoices will be made based on verification of hours listed on the accompanying GSA Form 139, Record of Arrival and Departure from Buildings During Security Hours.

3.16 REST PERIODS:

3.16.1 When the Contractor, or a contract supervisor, authorizes rest and relief periods for the contract employees, a substitute officer shall be assigned to the Post.

3.17 CONTACT RELIEF:

When the work assignments require that the Contractor’s employees do not leave the assigned duty locations until a substitute officer has provided relief, this condition shall be explicitly stated on GSA Form 2580, Guard Post Assignment Record, or other forms required by the COTR.

SUBSECTION 4

SECURITY REQUIREMENTS

4.0 GENERAL

The Department of Homeland Security (DHS) has determined that performance of the tasks as described in this Contract requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor shall adhere to the following.

4.1 SUITABILITY DETERMINATION

DHS 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. DHS may, as it deems appropriate, authorize and make a favorable expedited entry on duty (EOD) decision based on preliminary security checks. The expedited EOD decision will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a favorable full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability 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 EOD and/or access sensitive information or systems without a favorable EOD decision or suitability 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 EOD decision or suitability determination by the OPR-PSU. Contract employees are processed under the DHS Management Directive 6 to 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.

4.2 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 COTR, no less than 5 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:

· Standard Form 85P, “Questionnaire for Public Trust Positions” Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies)

· FD Form 258, “Fingerprint Card” (2 copies)

· Foreign National Relatives or Associates Statement

· DHS 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

· Optional Form 306 Declaration for Federal Employment…