HSCEDM-14-R-00002_Section_C.pdf

Section C August 7, 2013

Table of Contents Introduction

Statement of Objectives

Personnel……………………………………………………………………………………………………………………….……………………..36

Back Ground & Clearance Procedures…………………….……………………………………………………..………………………46

Training………………………………………………………………….……………………………………………………………………….…….51

Required Services – Administration and Management………………………………………………………………………….55

Facility Security & Control…………………………………………………………………………………………………………………... 60

Detainee Rights, Rules, Discipline, and Privileges……………………………………………………….…………………………67

Detainee Work Program……………………………………………………………………………………………………………………….67

Health Services…………………………………………………………………………………………………………………………………….68

Food Services……………………………………………………………………………………………………………………………………….69

Detainee Services & Programs………………………………………………………………………………………………………….….69

Property Accountability……………………………………………………………………………………………………………….………75

Firearms / Body Armor…………………………………………………………………………………………………………………….….76

Section C: Statement of Objectives

I. INTRODUCTION

A. Background

The United States Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation, and deportation of detainees in removal proceedings, and those subject to final order of removal from the United States. ICE houses detainees in Contract Detention Facilities (CDF) and other federal, state, local, and private facilities.

B. Mission

The mission of the Enforcement and Removal Operations (ERO) Program is the planning, management, and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in the United States illegally. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees 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 detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary.

C. Scope of Work

In housing detainees, the Contractor is required to perform in accordance with the most current editions of the ICE 2011 PBNDS, American Correctional Association (ACA), Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, latest edition, National Commission on Correctional Health Care (NCCHC), Occupational Safety and Health Administration (OSHA), and state and local laws on firearms for all locations. Some ACA standards are augmented by ICE policy and/or procedure. In cases where other standards conflict with DHS/ICE Policy or Standards, DHS/ICE Policy and Standards prevail. ICE Inspectors will conduct periodic and unscheduled inspections of the facilities to assure compliance of the aforementioned standards. In addition, the Contractor shall provide full and complete cooperation for any request or investigation conducted by the Government.

Detainees are classified in accordance with 2011 PBNDS. This particular contract requires the housing of low and medium-low level detainees. The Contractor shall provide on each post a minimum of one Detention Officer of the same gender as the detainees. Contractor shall be responsible for detainee record keeping services and personal property in accordance with Section VI of the SOO. The Contractor will create and update the records and the Contractor will store the records. All records will remain the property of the U.S. Government.

D. Explanation of Terms/Acronyms

1. ADMINISTRATIVE CONTRACTING OFFICER (ACO): ICE employee responsible for contract compliance, contract administration, cost control, and reviewing COR’s assessment of Contractor’s performance.

2. ADMINISTRATIVE SEGREGATION: A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, staff, or other detainees or to the security or orderly running of the facility. This housing status also includes detainees who require protective custody, those who cannot be placed in the general population because they are being transferred to another facility, those who are awaiting a hearing before a disciplinary panel, and those requiring separation for medical reasons.

3. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains persons over the age of 18.

4. ALIEN: Any person who is not a citizen or national of the United States.

5. AMERICAN CORRECTIONAL ASSOCIATION (ACA): The ACA is the oldest and largest international correctional association in the world. ACA serves all disciplines within the corrections profession and is dedicated to excellence in every aspect of the field.

6. BOOKING: It is a procedure for the admission of an ICE detainee, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's accompanying personal property.

7. BUREAU OF PRISONS (BOP): The U.S. Federal Bureau of Prisons protects society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

8. CLASSIFICATION: A process for determining the needs and requirements of aliens for whom detention has been ordered and for assigning them to housing units and programs according to their needs, security risk level, and existing resources of the facility.

9. CONTRABAND: Any item possessed by detainees or found within the confinement of the facility which is declared illegal by law or which is expressly prohibited by facility policies and procedures. 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, unauthorized funds and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

10. CONTRACTOR: The firm, individual, or entity, which provides the services, described in this Statement of Objectives.

11. CONTRACTING OFFICER (CO): An employee of the Government responsible for the complete conduct and integrity of the contracting process, including administration after award. The only individual authorized to issue changes to this contract.

12. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the

Government responsible for monitoring all technical aspects and assisting in administering the contract.

13. CONTROL ROOM: Integrates all internal and external security communications networks within a secure room. Activities conducted within the control room have a critical impact on the institution’s orderly and secure operation.

14. DEPARTMENT OF HOMELAND SECURITY (DHS): A department of the United

States Government, which includes U.S. Immigration and Customs Enforcement

(ICE).

15. DEPARTMENT OF JUSTICE (DOJ): A department of the United States

Government, which includes the Executive Office of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service (USMS).

16. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and

Customs Enforcement designated in writing by the ICE Officer-In-Charge (OIC) to represent ICE on matters pertaining to the operation of the facility.

17. DETAINEE: Any person confined under the auspices and the authority of the U.S.

Immigration and Customs Enforcement (ICE). Many detainees have substantial and varied criminal histories.

18. DETAINEE RECORDS: Information concerning the individual’s personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to:

1. Detainee, Personal Property

2. Receipts, Visitors List, Photographs

3. Fingerprints, Disciplinary Infractions

4. Actions Taken, Grievance Reports, Medical

5. Records, Work Assignments, Program Participation

6. Miscellaneous Correspondence, etc.

7. Other, as determined by ICE officials.

19. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): A division within ICE, whose mission is to identify, arrest, and remove aliens who present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. ERO upholds America’s immigration laws at, within and beyond our borders through efficient enforcement and removal operations.

20. DETENTION OFFICERS: Contractor’s uniformed staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in a detention facility. The officer is also responsible for the safety and security of the facility.

21. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): Unit responsible for developing and prescribing broad policies, standards, and procedures for ICE detention operations.

22. DIRECT SUPERVISION: A method of detainee management that ensures continuing direct contact between detainees and staff by posting an officer(s) inside each housing unit. Officers in general housing units are not separated from detainees by a physical barrier. Officers provide frequent, non-scheduled observation of and personal interaction with detainees.

23. ENTRY ON DUTY (EOD): The first day the employee begins performance at a designated duty station on this contract.

24. ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document initiates the analysis and evaluation of environmental effects of proposed actions, and contemplates alternative proposals. This document is the basis for deciding whether or not an Environmental Assessment is required.

25. ENVIRONMENTAL ASSESSMENT (EA): Specific document summarizing the results of thorough analyses of environmental impacts caused by proposed actions.

This document is the basis for deciding whether or not an Environmental Impact Statement is required.

26. ENVIRONMENTAL IMPACT STATEMENT (EIS): Comprehensive document provides full and fair discussion of significant environmental impacts caused by the proposed action(s). It also states the reasonable alternatives, which would avoid or minimize the adverse impact(s) or enhance the quality of the human environment.

27. EMERGENCY: Any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, medical exigency, natural disaster, or other serious incident.

28. FACILITY: The physical plant and grounds in which the Contractor’s services are operated.

29. FACILITY ADMINISTRATOR: The official, regardless of local title (e.g., jail administrator, Facility Director, superintendent), who has the ultimate responsibility for managing and operating the contract detention facility. The qualifications for the holder of this office shall be consistent with ACA standards.

30. FIELD OFFICE: Responsible entity for the detailed activities that execute operations within the constructs of broad policies, standards, and procedures. For purposes of this RFP the Field Office is also referred as the Miami Field Office.

31. FINDING OF NO SIGNIFICANT IMPACT (FONSI): Formal statement indicating that no significant effect upon the quality of the human environment will occur because of the proposed action(s).

32. GRIEVANCE: A written complaint filed by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility.

33. ICE AIR OPERATIONS: Detainee transportation system operated by ICE. Formerly known as Justice Prisoner and Alien Transportation System (JPATS).

34. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE): A law enforcement agency within the U.S. Department of Homeland Security.

35. IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), brothers and sisters (including stepbrothers and sisters and half-brothers and sisters) and their spouses.

36. INCIDENT REPORT: A written document reporting and event, such as minor disturbances, officer misconduct, and any detainee rule infraction, etc.

37. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.

38. LOG BOOK: The official record of post operations and inspections.

39. MAN-DAY: Per Diem “detainee day” means day in or day out and all days in between. The Contractor may charge for day of arrival or day of departure, but not both.

40. MAN-HOUR: Man-hour means productive hours when the required services are performed. Only productive hours can be billed and invoiced.

41. MEDICAL RECORDS: Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse. The following information from these records shall be transferred to the detainee record: date and time of all medical examinations; and, copies of standing or direct medical orders from the physician to the facility staff.

42. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly-arrived detainees who could pose a health or safety threat to themselves or others within the first 12 hours of arrival.

43. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY

UNIT (OPR-PSU): The ICE office responsible for a component-wide personnel security program.

44. ON CALL/REMOTE CUSTODY OFFICER POST: These posts shall be operated on demand by the COR. These posts are not permanent and shall include, but are not limited to, escorting and custody of detainees for hearings, security at community medical institutions or offices, ICE interviews, consular interviews, hotels, awaiting arrival or departure of aircrafts or vessels, and any other location requested by the

COR.

45. CONTRACTOR PERFORMANCE WORK STATEMENT (CPWS): A statement of work for performance-based acquisitions developed by the contractor that describes the required results in clear, specific, and objective terms with measurable outcomes.

46. POLICY: A definite written course or method of action, which guides and determines present and future decisions and actions.

47. POST ORDERS: Written orders that specify the duties of each position, hour-by-hour, and the procedures the post officer will follow in carrying out those duties.

48. PROCEDURE: The detailed and sequential actions that must be 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.

49. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists who are licensed, registered, or certified, as appropriate to their qualifications, to practice.

50. QUALITY ASSURANCE: The actions taken by the Government to assure requirements of the Statement of Objectives (SOO) are met.

51. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document prepared and used by the Government to assure SOO requirements are met.

The document contains the Government specific methods, sampling guides, and checklists used in determining whether the Contractor-provided service meets quantity, quality, timeliness, effectiveness, and cost standards.

52. 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.

53. QUALITY CONTROL PLAN (QCP): A Contractor-produced document that addresses critical operational performance standards for services provided.

54. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility.

55. RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly chains, leg irons, straight jackets, flexi cuffs, soft (leather) cuffs, and leg weights.

56. SAFETY EQUIPMENT: This includes but is not limited to fire-fighting equipment, i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas marks, fans, first aid kits, stretchers, and emergency alarms.

57. SALLYPORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit helps to ensure that there shall be no breach in the perimeter or interior security of the facility.

58. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, floors, walls and barriers used to confine and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security.

59. SECURITY PERIMETER: The outer portions of a facility, which actually provide for secure confinement of detainees.

60. STANDING MEDICAL ORDERS: Written orders, by a physician, to medical personnel for the definitive treatment of identified minor, self-limiting conditions and for on-site treatment of emergency conditions.

61. TOUR OF DUTY: No more than 12 hours in any 24-hour period with a minimum of eight hours off between shifts, except as directed by state or local law.

62. 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. All trainers must be certified and certification shall be approved by the COR or alternate COR.

63. TRANSPORTATION COSTS: Cost inclusive of labor, equipment, supervision, management, training, licensing, certification, supplies, materials 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 COR or designated official.

64. UNITED STATES MARSHALS SERVICE (USMS): An agency of DOJ.

65. WEAPONS: This includes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical weapons (mace), and nightsticks.

II. Statement of Objectives

A. Introduction

This Statement of Objectives (SOO) sets forth the contract performance requirements for the management and operation of a Contractor-owned/Contractor-operated detention facility for federal detainees. The Department of Homeland Security (DHS) component, U.S. Immigration and Customs Enforcement (ICE), will award a contract of such to house detainees.

The Contractor shall furnish all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the Contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract.

An existing facility shall be provided to accommodate 700 low and medium-low custody level detainees at a single facility in accordance with the ICE 2011 PBNDS. No new construction will be considered for this requirement.

The facility shall be located within a 50 mile radius of the DHS/ICE Miami Field Office, currently located at 865 SW 78th Avenue, Plantation, Florida. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc.) and access to airport services for transportation requirements.

The Contractor shall ensure that the facility operates in a manner consistent with the mission of the Department of Homeland Security, ICE Enforcement and Removal Operations. ICE Enforcement and Removal Operations mission is to identify, arrest, and remove aliens who present a danger to national security or are a risk to public safety, as well as those who enter the United States illegally or otherwise undermine the integrity of our immigration laws and our border control efforts. ERO upholds America’s immigration laws at, within and beyond our borders through efficient enforcement and removal operations. While in custody, ICE must ensure that such individuals are housed in a safe, secure, and humane environment and their statutory and constitutional rights are safeguarded.

Within 30 days of contract award, the Contractor shall notify the Contracting Officer (CO) that the facility is ready to begin accepting detainees. This may occur earlier at the request of the Contractor, but only if ICE determines the Contractor is capable of accepting detainees.

It is essential that the Contractor be fully prepared to accept responsibility for performing the requirements of the contract, thus ensuring the safety and security of the community. Therefore, ICE may perform numerous assessments to ensure contract compliance prior to issuance of the Notice to Proceed (NTP).

If ICE determines that the Contractor is capable of accepting detainees, the NTP will be issued.

The Contractor shall be prepared to accept detainees immediately upon issuance of the NTP.

Unless otherwise specified, all plans, policies, and procedures, including those identified in the ACA standards, the ICE 2011 Performance Based Detention Standards (PBNDS), Standards for

Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, latest edition, National Commission on Correctional Health Care (NCCHC), and state and local laws on firearms for all locations shall be developed by the Contractor and submitted in writing to the COR for review and concurrence prior to issuance of the NTP. Once concurrence has been granted, these plans, policies, and procedures shall not be modified without the prior written acknowledgment of the CO. The Contractor does not have a right of refusal and shall take all referrals from ICE. The Contractor is prohibited from constructing any additional beds space or facilities at the contract location without the prior written approval of the CO.

Further, the Contractor shall not add any non-ICE detainee population to the facility from any other entity without the expressed prior approval of the CO.

B. General

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

1. Post Orders

2. General Directives

3. ACA Standards for Adult Local Detention Facilities (most current edition) and the most recent copy of the supplement issued every two years. A copy is obtainable for purchase through the Internet website at:

HTTP://www.aca.org/store/bookstore/

4. ICE/DHS Officer's Handbook

5. The ICE/DHS 2011 PBNDS - A copy is obtainable on the Internet website http://www.ice.gov/detention-standards/2011/.

6. State and local laws governing usage of firearms.

7. All other regulations provided to the Contractor by the authority of the Contracting Officer.

8. Accomplishments of some ACA standards are augmented by DHS/ICE policy and/or procedure. In these instances, the SOO identifies and provides direction for the enhanced requirements. In cases where other standards conflict with DHS/ICE policy or standards, DHS/ICE policy and standards prevail.

All services must comply with the Statement of Objectives (SOO) and all applicable federal, state, and local laws and standards. Should a conflict exist between any of these standards, the most stringent shall apply. If the Contractor is unable to determine which standard is more stringent, the Contracting Officer (CO) shall determine the appropriate standard.

http://www.aca.org/store/bookstore/ http://www.ice.gov/detention-standards/2011/

The COR does not have the authority to modify the stated terms of the contract and cannot approve any action that would result in additional charges to the Government. The CO shall make all modifications in writing.

The Government reserves its rights to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess contract compliance.

The Contractor shall obtain ACA accreditation within 12 months of NTP and shall maintain continual compliance with applicable ACA standards and supplements during the performance of the contract, unless otherwise specified by the CO. Once full accreditation has been obtained, the Contractor shall maintain this accreditation throughout the life of the contract, inclusive of any option periods exercised.

Accomplishments of some ACA standards are augmented by DHS/ICE policy and/or procedure.

In these instances, the SOO identifies and provides direction for the enhanced requirements. In cases where other standards conflict with DHS/ICE policy or standards, DHS/ICE policy and standards prevail. All policies referred to in this document can be referenced in each agencies’ on-line websites.

This SOO contains numerous references, which direct the Contractor to notify, contact, or provide the CO with information or data. Post-award, the CO may formally designate other Government individuals to assume those responsibilities.

The Contractor is responsible for a Quality Control Program (QCP), which ensures all requirements of this SOO are achieved. The specific requirements for the QCP are further detailed within this SOO.

All records related to contract performance should be retained in a retrievable format for three years. Except as otherwise expressly provided in this SOO, the Contractor shall, upon completion or termination of the resulting contract, transmit to the Government any records related to performance of the contract.

The Contractor shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Records and information management functions are required and mandated by the following laws and regulations: Chapters 21, 29, 31, and 33 of Title 44, United States Code; 36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A- 130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, United States Code.

The Contractor shall protect, defend, indemnify, save, and hold harmless the United States Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, sub-contractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorneys’ fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys’ fees incurred by the United States Government and its employees or agents.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the filing. The Contractor shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Contractor litigation.

Policy and procedures shall be developed which ensure a positive relationship is maintained with all levels of the federal judiciary. The Contractor’s procedures shall ensure a tracking system is established which mandates that all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and Contractor responses, specifically related to a detainee, shall be made part of the detainee's file.

The Contractor shall notify the CO when a member of the United States Congress requests information or makes a request to visit the facility. The Contractor shall coordinate all public information related issues with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs. The Contractor shall promptly make public announcements stating the facts of unusual newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies.

The Contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the United States Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations.

C. Exclusivity

The Contractor or Service Provider agrees that the facility is to be for the exclusive use of ICE and its detainee population. No other agency will be allowed to use the facility to house its detainees, prisoners, or inmates without prior approval of the CO with input from the COR. If given approval, a separate bed day rate shall be negotiated with the other agency and ICE shall not be responsible for payment related to beds used by another agency. The other agency will be separately invoiced for the beds it uses. The duration of the use of beds will be determined on a case by case basis.

D. Quality Control

The Contractor is responsible for management and quality control actions necessary to meet the quality standards set forth in the contract. In compliance with the Federal Acquisition Regulation (FAR) Clause 52.246-4, Inspection of Services-Fixed, the Contractor must provide a quality control plan (QCP) to the CO for concurrence not later than the post award conference (or as directed by the CO). The CO will notify the Contractor of concurrence or required modifications to the plan before the contract start date. The Contractor must make appropriate modifications and obtain concurrence of the plan by the CO before the contract start date. A NTP will be issued upon CO concurrence of the QCP.

The Contractor’s Quality Control Plan (QCP) that addresses critical operational performance standards for the required services shall be submitted with its proposal and incorporated into the contract award. The QCP shall ensure that services will be maintained at a uniform and acceptable level. At a minimum, the Contractor shall periodically review and update the QCP policies and procedures on an annual basis. The Contractor shall audit facility operations monthly for compliance with the QCP. The Contractor shall notify the Government 48 hours in advance of the audit to ensure the COR is available to participate. The Contractor’s QCP shall identify deficiencies, appropriate corrective action(s), and timely implementation plan(s) to the

COR.

If the Contractor proposes changes in the QCP after contract award, the Contractor shall submit them to the COR for review. If the COR concurs with the changes, the COR shall submit the changes to the CO. The CO may modify the contract to include these changes.

E. Quality Assurance (QA)

ICE will develop the Quality Assurance Surveillance Plan (QASP) pursuant to the requirements of the SOO. Attachment 2 of this contract sets forth the procedures and guidelines that ICE will use to inspect the technical performance of the Contractor. It presents the financial values and mechanisms for applying adjustments to the Contractor’s invoices as dictated by work performance measured to the desired level of accomplishment.

1. The purpose of the QASP is to:

a. Define the roles and responsibilities of participating Government officials.

b. Define the types of work to be performed.

c. Describe the evaluation methods that will be employed by the Government in assessing the Contractor’s performance.

d. Describe the process of performance documentation.

2. Roles and Responsibilities of Participating Government Officials

a. The COR(s) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the Contractor on a day-to-day basis. The COR(s) will have primary responsibility for completing “Quality Assurance Surveillance Forms” to document their inspection and evaluation of the Contractor’s work performance.

b. The Contracting Officer (CO) or designee has overall responsibility for evaluating the Contractor’s performance in areas of contract compliance, contract administration, and cost and property control. The CO shall review the COR’s evaluation of the Contractor’s performance and invoices. If applicable, deductions will be assessed in accordance with the evaluation of the Contractor’s performance, e.g., monetary adjustments for inadequate performance. See Attachment 2 of the contract.

F. Contractor’s Failure to Perform Required Services

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this solicitation. Specifically, the Government reserves its rights under the Inspection of Services and Termination clauses. Any reductions in the Contractor’s invoice shall reflect the contract’s reduced value resulting from the Contractor’s failure to perform required services. The Contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

G. Inspection by Regulatory Agencies

Work described in the contract is subject to inspection by other Government agencies. The Contractor shall participate in responding to all requests for information and inspection or review findings by regulatory agencies.

H. Performance Evaluation Meetings

The Contractor’s representatives shall meet with the COR(s) on a regular basis as determined necessary by the Government. These meetings will provide a management level review and assessment of Contractor performance, a discussion and resolution of problems.

I. Contractor’s Employee Manual

The Contractor shall provide an Employee Manual, which, at a minimum, addresses the following:

1. Organization

2. Recruiting procedures

3. Opportunities for Equal Employment

4. Qualifying for jobs, job descriptions, responsibilities, salaries, and fringe benefits

5. Screening employees for illegal drug use

6. Holidays, leave, and work hours

7. Personnel records, employee evaluations, promotion, and retirement

8. Training

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

10. Resignation and termination

11. Employee-management relations

12. Security, safety, health, welfare, and injury incidents

The Contractor must provide a copy of the Employee Manual to the Contractor’s employees at the facility. Upon request by the COR, the Contractor shall document to the Government that all employees have reviewed a copy of the manual. The Contractor shall provide manual updates to the COR as necessary.

J. ICE Operations Manual

The Contractor shall maintain the site specific ICE Operations Manual that contains ICE written policy, plans, and procedures. The Contractor shall make the manual available to all employees.

Every employee shall certify in writing that he or she has read, fully understands, and agrees to comply with the procedures outlined in the manual. The Contractor shall maintain these certifications and furnish them to the COR if requested.

K. Facility Staffing Plan and Key Personnel

The Contractor shall provide a staffing plan that addresses at a minimum the staffing requirements and key personnel to be employed in connection with this contract as outlined in the SOO. The Contractor shall staff the post-positions in accordance with the Contractor-submitted and Government-acknowledged Contractor Staffing Plan. The number, type and distribution of staff as described in the contract-staffing plan shall be maintained throughout the term of the contract. Written requests to change the number, type and/or distribution of staff described in the staffing plan must be submitted to the CO, through the COR, for approval prior to implementation. Staffing levels shall not fall below a monthly average of 95% of ICE-approved staffing plan.

Each month, the Contractor shall submit to the COR the current average monthly vacancy rate, and indicate any individual positions that have been vacant more than 120 days. Failure to fill any individual position within 120 days of the vacancy may result in a deduction from the monthly invoice. ICE may calculate the deduction retroactive to day one of the vacancy, excluding the days for ICE’s conditional approval process, starting on the day of receipt and concluding on the day conditional approval is granted.

1. Minimum Staffing Requirements

The Contractor shall fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population. The Contractor shall ensure daily Detention Officer Assignment rosters, by shift, for the duration of the contract. The assignment rosters shall indicate the number of staff, job titles, names, hours, and days of work for each post.

The daily roster shall be posted 24 hours in advance. Shift rosters must be provided to the COR on a daily basis upon completion of the third shift. The Contractor shall provide a minimum of one Detention Officer of the same gender as the detainees on each post.

2. Supervisory Staffing

The Contractor is responsible for the satisfactory supervision of its employees at all times.

Satisfactory supervision includes verifying attendance at all posts and positions, and upholding the work requirements of all personnel assigned under the contract. The

Contractor shall provide the COR with the names of Supervisory Detention Officers designated by the Contractor before commencement of services.

In the absence of the approved Warden, another qualified person who meets the Warden position and security clearance requirements shall temporarily fill that position. This individual shall perform only job duties of the Warden in providing oversight and direction to contract Detention Officers and interfacing with ICE CORs and/or designated ICE Officers and the CO on all contract-related matters.

3. Key Personnel

The Contractor shall provide resumes for key personnel to the Government as a part of the contract solicitation process. The Contracting Officer shall provide written approval before any employee is assigned to perform duties under this contract. The Contractor shall have key personnel employed and on site before the Contractor can begin contract performance.

Any subsequent changes to key personnel must meet these criteria and be approved in writing by the Contracting Officer. The following are considered key personnel for the contract, (the Contractor may use other titles):

a. Warden/Facility Director. The Warden/Facility Director shall hold an accredited bachelor’s degree in an appropriate discipline, have at least five years of related administrative experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor’s degree. The official holding this position, even in an acting capacity, shall meet ACA requirements.

b. Assistant Warden/Facility Director. The Assistant Warden/Facility Director shall hold an accredited bachelor’s degree in an appropriate discipline, or have three to five years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The official holding this position, even in an acting capacity, shall meet ACA requirements.

c. Supervisory Detention Officers. Supervisors must be trustworthy and must have a minimum of one year of experience as a detention officer and two years of successful experience in field supervision (civilian community law enforcement, commercial or industrial guard service, or security service supervisory positions). The two-year requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the basic requirement.

d. Training Officers. Certified instructors shall conduct all instruction and testing of

Contract personnel. A state or national level recognized institution certification of instructors is mandatory unless otherwise approved in writing by the COR.

Certification of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COR must approve the instructor prior to any training.

e. Quality Assurance Manager. The Quality Assurance Manager shall hold an accredited bachelor’s degree in an appropriate discipline, or to have three to five years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility.

To establish and maintain a congenial line of communication with the Contractor, the Contractor’s Warden/Facility Director and the COR shall work together as a team to ensure that required work is accomplished in an efficient and proper manner. There should be no hesitation to call special meetings to discuss and resolve serious problems.

4. Organizational Chart

The Contractor shall provide an organizational chart that describes the structure of authority, responsibility, and accountability within the facilities. The Contractor shall update this chart as necessary. The Contractor shall make the chart available for review by the CO or COR upon request.

L. Employee Standards

All employees shall meet the highest standards of professionalism and personal integrity.

Standards of professionalism include competency, training, appearance, and behavior. The Contractor shall take disciplinary action against employees who disregard those standards. The Contractor shall perform pre-employment suitability checks for all employees and prospective employees.

M. Training Program

The Contractor shall establish a training program for all employees, which incorporates the training requirements set forth in the ACA Standards and Subsection 4 of the SOO. The training plan shall include proficiency testing (if required), instructor(s) and instructor qualifications, course descriptions, and detailed lesson plans that include subject matter and methods of presentation, course objectives, student evaluation procedures, and the location and duration of training. No less than 30 days after contract award and before contract performance begins, the Contractor shall submit the training plan to the COR for review. The Contractor is not to begin training until the COR has approved the training plan.

N. Housing, Health and Medical Care, and Transportation

The Contractor shall provide detention services, to include detainee welfare, transportation, and record keeping services for ICE, in support of the detention and removal process.

1. Detention Site Standards

The Contractor shall ensure that detention sites conform to ACA and ICE 2011 PBNDS Optimal Standards. A fire and emergency plan shall exist and shall be aggressively managed. The Contractor shall ensure facilities conformance to the following:

a. Be clean and vermin/pest free.

b. Have a suitable waste disposal program.

c. The Contractor shall distribute suitable linens (sheets, pillow cases, towels, etc.).

The Contractor shall launder and change linens per ICE 2011 PBNDS.

d. The Contractor shall distribute appropriate clean blankets.

e. The Contractor shall ensure fire and emergency exits remain unimpeded to permit prompt evacuation of detainees and staff members in an emergency.

f. The Contractor shall distribute articles of personal hygiene (e.g., soap, toothbrush, toothpaste, comb, toilet paper, shaving equipment, and female sanitary items).

For safety, security, and sanitation purposes, an inspection of the detainee housing areas shall be conducted by a supervisor at a minimum of once per shift. The inspection shall be logged into the security logbook and be available for review by the COR or alternate

COR.

All locks, windows, walls, floors, ventilators, covers, access panels, and doors shall be checked daily for operational wear and detainee tampering. The Contractor shall take immediate action to repair all defective equipment.

The facility shall be subject to periodic and random inspections by the COR, alternate COR, or other officials to insure compliance with ICE Standards. Deficiencies shall be immediately rectified or a plan for correction submitted by the Contractor to the COR for approval.

2. Health and Medical Care

The Contractor shall comply with written policies and procedures for appropriately addressing the health needs of detainees in ICE custody. Written policies and procedures shall include, but not be limited to, the following:

a. Policies and procedures for accessing 24-hour emergency medical care for ICE detainees.

b. Policies and procedures for prompt summoning of emergency medical personnel.

c. Policies and procedures for evacuation of detainees, if deemed necessary by qualified medical personnel.

d. Policies, procedures, and post procedures for duty officers to ensure that medical emergencies are recognized and promptly attended to.

e. The Contractor shall notify the COR, alternate COR, or designated ICE officer of all detainee requests for the need of medical treatment. These requests shall be addressed with urgency.

3. Medical Services

The Contractor shall be responsible for the provision of health care services for ICE detainees at the facility in accordance with ICE 2011 PBNDS and National Commission on Correctional Health Care (NCCHC).

In the event of an emergency, the Contractor shall proceed immediately with necessary medical treatment. In such event, the Contractor shall notify ICE immediately regarding the nature of the transferred detainee’s illness or injury and type of treatment provided.

The Contractor shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certifications, and/or registrations with the State and/or City where they are practicing. The Contractor shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this SOO. In the absence of a health care professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by the Immigration Health Services Core (IHSC). Healthcare or health trained personnel may perform screenings, in accordance with IHSC protocols.

The Contractor shall ensure that onsite medical and health care coverage as defined below is available for all ICE detainees at the facility twenty-four (24) hours a day, seven (7) days a week.

The Contractor shall ensure that its employees solicit each detainee for health complaints and deliver complaints in writing to the medical and health care staff. The contractor shall provide detainees written instructions for gaining access to health care services. Procedures shall be explained to all detainees in the detainee’s native language, and orally to detainees who are unable to read. The contractor shall provide instructions and assistance in personal hygiene, dental hygiene, grooming, and health care, as needed.

The Contractor shall furnish onsite health care under this SOO. The Contractor shall not charge any ICE detainee an additional fee or co-payment for medical services or treatment provided at the Contractor’s facility. Onsite healthcare services shall be performed according to ICE 2011

PBNDS.

If the Contractor determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this SOO (for example, contagious disease, condition needing life support, uncontrollable violence), the Contractor shall notify ICE. Upon such notification, the Contractor shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee.

The IHSC acts as the agent and final health authority for ICE on all off-site detainee medical and health related matters. The relationship of the IHSC to the detainee equals that of physician to patient. The Contractor shall release any and all medical information for ICE detainees to the

IHSC representatives upon request, except where prohibited by federal or state law or regulation.

The Contractor shall solicit IHSC approval before proceeding with non-emergency, off-site medical care (e.g., off site lab testing, eyeglasses,…