Religious_Services_RFP.docx

Section C Statement of Work Religious Services Program C.1 Goals The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Enforcement and Removal Operations (ERO), has a requirement for chaplains and support staff to establish and administer a Religious Services Program at the following eight (8) dedicated ICE Detention Facilities: Batavia, NY; Miami, FL (Krome); Los Fresnos, TX (Port Isabel); Florence, AZ; El Centro, CA; Artesia, NM; Dilley, TX; and El Paso, TX.

C.2 Purpose C.2.1 ICE ERO Mission ERO’s mission is to identify, arrest, and remove aliens presenting 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 border control efforts. ERO upholds America's immigration laws at, within and beyond our borders through efficient enforcement and removal operations.

C.3 ICE Performance Based National Detention Standards The Contractor shall perform in accordance with the ICE Performance Based National Detention Standards (PBNDS) 2011, Religious Practices (5.5), Religious Headwear, Garments, and Other Religious Property (Appendix 5.5.A). A link to these standards is located in section C.8 of this Statement of Work (SOW).

C.4 Objectives C.4.1 Contract Objectives – Top Level The purpose of this SOW is to outline the requirements for a Religious Services Program. It is the policy of ICE to extend to all detainees the greatest amount of freedom and opportunity for pursuing individual religious beliefs and practices consistent with the safety and security of the facility. The primary goal of this contract is to design, organize, and administer a Religious Services Program at the following eight ICE Detention Facilities: Batavia, NY; Miami, FL (Krome); Los Fresnos, TX (Port Isabel); Florence, AZ; El Centro, CA; Artesia, New Mexico; Dilley, TX; and El Paso, TX. This goal will be accomplished through an on-site chaplain and program support staff who will interact with the detainee population and coordinate a network of local volunteers that may provide worship services and religious instruction (i.e. classes) for detainees of various religious traditions. The contractor shall coordinate worship services and instructional opportunities by providing detainees with reasonable and equitable gatherings subject to space availability at each ICE Detention Facility. The contractor shall coordinate pastoral care in a one-on-one setting with sensitivity, approachability, and availability to all detainees. The contractor shall also approve religious meals (meals provided by the ICE Food Services contractor), and advise ICE on religious property matters and instructional material for detainee use or procure them on behalf of ICE under the ODCs CLIN if the COR should determine that is a proper course of action.

C.4.2 Specific Objectives

1. The contractor is responsible for exercising adequate and appropriate management oversight to implement and successfully perform the contract requirements at each site. ICE will provide contractor staff with administrative work space at each of the eight detention facilities; however, depending on location, such space may be shared with other employees of the facility.

2. The contractor shall organize, design and administer the Religious Services Program in compliance with all applicable federal, state, and local laws and licensing provisions, as well as the 2011 ICE Performance Based National Detention Standards.

3. The contractor shall provide a National Program Manager who will oversee operations at all eight detention facilities and report directly to the National Contracting Officer’s Representative.

4. The contractor chaplain shall provide individual spiritual and personal counseling to detainees and provide comfort and care to detainees facing personal crisis. The chaplain shall also be available by making rounds to all housing units in the facility on a regular basis (no less than once per week) and respond to religious needs of detainees.

5. The contractor shall coordinate a local network of volunteers to meet the diverse needs of faith groups reflecting the site population demographics. Volunteers, subject to ICE background check and approval shall provide regularly scheduled worship services, prayer gatherings, and religious instruction representing various faith traditions. The contractor is responsible for working collaboratively with volunteers in all aspects of ministry on-site and to maintain a fair and equitable management of volunteer resources.

6. The contractor is responsible for developing religious programs at each facility, coordinating and directing all religious activities, providing guidance to ICE on religious matters at the facility, seeking volunteers to provide religious worship services and instruction opportunities, reporting to the COR and AFOD, and scheduling services and classes with the designated ICE official. There shall be no discrimination against any detainee based on his/her religious beliefs or practices; however, religious beliefs do not justify violation of facility rules or regulations.

7. The contractor shall acquire and manage the delivery of religious literature, books of worship, conduct of services, administration of religious rites, and counsel of detainees needing spiritual advice. Further, the contractor shall meet with religious advisors, community religious leaders, and ICE to continuously improve the Religious Services Program. The contractor shall promote interfaith understanding. The contractor shall purchase items at contractor expense that will improve the Religious Services Program (subject to ICE review and approval). These items will be purchased under the ODC CLINs on the contract and cannot exceed the total amount listed for each CLIN.

8. The contractor shall coordinate special religious holiday worship services.

9. The contractor shall plan, organize and create religious instruction opportunities that occur on a weekly basis. The instruction opportunities (i.e. classes) shall be designed to promote religious education among detainees. The contractor may also provide classes as a one-time special event on an as needed basis subject to local facility approval.

10. The contractor shall provide information and points of contact to detainees who seek conversion to a specific faith.

11. The contractor shall facilitate counseling for detainees requesting spiritual, personal or bereavement needs. Communication with detainees shall be kept confidential except to prevent a crime or protect the safety and security of the detainee or detention facility. The contractor shall not attempt to coerce a detainee to change religious preference.

12. The contractor shall encourage detainee participation in programs.

13. The contractor shall provide the reports listed in Section C.4.9.1 below to the ICE COR and track/analyze detainee participation.

14. The contractor shall abide by facility policies for detainees attendance of religious services, classes, and religious events. Moreover, the contractor shall follow PBNDS 2011 and local ICE guidance on religious apparel and religious rituals that are appropriate for religious gatherings.

15. The contractor shall work with the designated ICE official to schedule activities that will allow each detainee an opportunity to participate in worship services and programs of his or her choice, consistent with the security, order and management of the facility.

16. Detainees shall have access to religious publications (books, magazines, literature, etc.) through the chapel, facility library, or as available through the contractor’s Religious Services Program subject to approval in advance in accordance with facility rules and regulations. The contractor shall assist detainees in obtaining copies of religious books, periodicals, and literature subject to facility rules and approval. The contractor should be made aware that ICE has a very limited budget to purchase religious literature. The contractor may solicit literature donations through religious organizations or make purchases outright, but ICE will retain final approval authority prior to the religious literature being made available to the detainee population.

17. The contractor may suggest to ICE that certain religious literature or religious property be made available via commissary. Final approval will be made by ICE in concert with the facility commissary service.

18. If a detainee requests to be married the contractor shall follow the ICE PBNDS for marriage requests. The contractor will be required to provide notice of weddings performed in accordance with Section C4.9.1 below.

19. The contractor shall refer all media inquiries to the ICE Office of Public Affairs (OPA). The contractor shall not provide any information to the press without the prior approval of ICE OPA. The contractor shall immediately notify the COR and AFOD of any media inquiries.

20. Translation for detainees who do not speak English may be provided at worship gatherings or classes voluntarily by a member of the detainee population. In the event a detainee translator is not available the contractor may provide one or the contractor may utilize the ICE commercial phone language interpretive service subject to approval by ICE.

21. All detainees shall be treated with care, dignity, and respect. Detainees shall be allowed solitude in conduct of religious services, rites, and rituals; allowed freedom to choose to participate in worship services, religious classes, religious meals, or any other religious event; allowed to choose the religious gathering(s) of their choice. Detainees shall be supported with religious materials and special meals (approved by the contractor and provided by ICE).

22. The contractor shall establish policies and procedures to provide detainees freedom from discrimination based on race, religion, national origin, sex, color, disability, or political beliefs, and ensure equal access to the Religious Services Program. The contractor shall ensure Detainee civil rights are not violated. The contractor shall immediately notify the local COR and AFOD of any change in condition of a detainee, to include abuse or neglect, or any unauthorized correspondence or contact with a detainee.

23. On-site contractor staff shall report to the local site’s ICE Contracting Officer’s Representative, and communicate any operational concerns to the Assistant Field Office Director (AFOD), who is the senior on-site ICE Official responsible for the Detention Facility.

24. The Contractor shall be responsible for having staff that will be able to travel to ICE facilities throughout the country on an as needed basis to meet the needs of housing in the event of a surge in illegal immigrants. The population at these facilities can consist of children, women, men, or a combination of the three. The location and duration of these services is determined on a case by case basis as the needs arise. The Contractor shall be able to provide all services outlined in this SOW at these locations if these services should be needed during the term of this contract. Arrival at these locations would need to occur within a one week time frame upon receiving an executed contract modification to provide these services. All travel for this work would be performed in accordance with Federal Travel Regulations and GSA Per Diem rates found at www.GSA.gov. This would be work performed under CLIN 0010 in Section B.

C.4.3 Contract Personnel Overview The contractor shall provide fully staffed and qualified personnel to administer the Religious Services Program. On-site staff shall undergo a security clearance at ICE expense prior to assuming any position under this contract.

C.4.4 Personnel The contractor shall provide eight (8) Chaplains, one for each site, who will be responsible and accountable for the overall administration, religious leadership, and function of the Religious Services Program at each site. The local facility Chaplain will serve as the main point of contact for ICE and be accessible via cell phone 24 hours a day/7 days a week. The Chaplain, or his or her designee, shall be available to physically arrive at the facility within 120 minutes of a call from ICE in an emergency situation.

The contractor shall provide eight (8) Religious Services Program Assistants, one for each site, who shall work with the Chaplain to accomplish the duties outlined in this SOW. The local Program Assistant, may be a member of the clergy who leads a worship service and provides religious instruction but this is not a requirement. The local Program Assistant shall provide logistics support for the Religious Services Program, including coordinating volunteers, directly communicate with detainees, producing monthly reports, and providing overall administrative support to the program.

ICE considers the chaplain and program assistant positions to be full-time jobs. The contractor shall provide a National Program Manager whom will oversee the Religious Services Program at the eight ICE facilities and act as a liaison to the COR. The eight chaplains, eight program assistants, and national program manager are designated as key personnel.

Local volunteers may be solicited who will lead individual worship services or religious classes. The contractor is responsible for appointing volunteers, subject to background check and final approval by ICE. Any decision to provide honoraria, reimburse mileage, etc. is strictly between the Religious Services Contractor and the volunteer.

C.4.5 Personnel Requirements All contractor staff, to include the contractor’s employees and volunteers, shall have the ability to greet and deal tactfully with detainees; effectively communicate with facility staff and detainees; articulate rules, orders, and instructions; communicate effectively in writing and compose reports. Staff shall demonstrate sound judgment, even temperament and maintain self-control in situations that involve mental stress.

The contractor shall provide resumes for the key personnel below to the government as a part of the contract solicitation process. The COR shall provide written approval before any personnel listed below is assigned to perform duties under this contract. Any subsequent changes to personnel must meet these criteria outlined below and be approved via contract modification by the Contracting Officer. The following are the appropriate qualifications for the personnel required for the performance of the contract:

1. Each Chaplain shall: Possess a Bachelor’s Degree in an appropriate discipline (Religion, Religious Studies, Theology, etc.) and a minimum of 5-years’ ministry experience The Chaplain shall possess experience, certification, and credentials appropriate to the goals and intent of this contract effort sufficient to show the ability to communicate, counsel, and provide pastoral care to detainees, lead volunteers, and create and lead a Religious Services Program.

2. Each Program Assistant shall: Possess a minimum of 2 years of relevant experience in the field of religion, social work, volunteer coordination, logistics management, or a similar field.

3. The National Program Manager shall have a minimum of 10 years of relevant experience in religious education or religious outreach sufficient to communicate, direct, order, lead and manage the staff at each of the sites.

The contractor shall immediately notify the local COR, National COR, and CO of any employee hiring’s, terminations, suspensions, resignations or employee discipline.

Volunteers shall be fully vetted by the contractor’s staff to determine the volunteers’ ability to positively add to the success of the Religious Services Program.

C.4.6 Standards of Conduct The contractor shall develop standards of conduct that are consistent with the Federal Employee Responsibilities and Conduct, 5 Code of Federal Regulations (CFR Part 735) and regulations referenced therein. The contractor shall hold its employees accountable for their conduct based on these standards, which at a minimum shall include the following:

1. All employees must certify in writing they have read and understood these standards of conduct.

2. A record of this certificate shall be provided to the National and Local COR in advance of the employee beginning work under this contract.

3. Contractor staff shall not display favoritism or preferential treatment to one detainee or group of detainees or religious group or worship entity over another.

4. No contractor employee shall enter a personal relationship with a detainee outside the scope and goals of this contract.

5. Staff is prohibited from accepting for themselves or any member of their family and personal gift, favor, or service from a detainee or from the detainees family or associates no matter how trivial the gift or service may seem. All staff is required to immediately report any such gifts, favors, or service from detainees, their family, or close associates.

6. Contractor employees are not permitted to enter any business relationship with detainees or their families (i.e. selling, buying, trading, etc.).

7. Contractor shall immediately report any violations, attempted violations of the Standards of Conduct or any criminal activity to the National and appropriate local COR. Violations may result in employee being removed from working on this contract. Failure on the part of the contractor to report any known violations or failure to take appropriate disciplinary action against an offending employee(s) shall subject the contractor to appropriate action up to and including termination of the contract for default.

8. Program staff is prohibited from providing legal advice to detainees and is prohibited from interfering with a detainees’ immigration status or the execution of final immigration court orders. Failure to comply could result in removal of employee from working on this contract, or termination of contract.

C.4.7 Removal from Duty ICE may direct the contractor to remove any employee from performance of this effort, who has been disqualified either for security reasons or for being unfit to perform his/her duties as determined by the COR or the Contracting Officer. A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below:

1. Failure to report misconduct as outlined in Section C.4.6 Standards of Conduct above and/or offenses listed below:

2. Violation of the Rules and Regulations Governing Detention facilities set forth in the M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public);

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

4. Neglect of duty, including sleeping while on duty, loafing, unreasonable delays, failure to carry out assigned tasks, conducting personal affairs during official time, leaving post without relief, refusing to render assistance to a detainee, or failure cooperate in upholding the security of the facility;

5. 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;

6. Theft, vandalism, practical jokes, immoral conduct, or any other criminal actions;

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

8. Unethical or improper use of official authority or credentials;

9. Unauthorized use of communication equipment or any government property;

10. Misuse of equipment, weapons or any government resources;

11. Violations of security policies, procedures or regulations;

12. Recurring tardiness;

13. Possession of alcohol, illegal substances, or contraband while on duty;

14. Possessing unauthorized items as determined by the COR or AFOD

15. Undue fraternization with detainees as determined by the COR;

16. Repeated failure to comply with visitor procedures;

17. Any action that involves acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense.

18. Any action that contributes to or results in a detainee escape;

19. Failure to maintain acceptable levels of job proficiency or to fulfill training requirements;

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

Any contractor employee who has been arrested or who is under investigation by any law enforcement agency for alleged criminal misconduct will be removed from performing under this contract pending outcome of the investigation.

If a contractor employee is removed from the contract, the Contractor may appeal the Contracting Officer’s decision to remove an employee from the contract, but must do so in writing to the CO and COR within 72 hours of CO’s written direction to the contractor to remove an employee from the contract.

C.4.8 Security Clearance, Drug Testing, and Credentials All contractor employees shall undergo a background investigation conducted by the ICE Office of Professional Responsibility (OPR) through the COR prior to entry on duty (EOD). The COR will provide the contractor with the required forms. ICE shall have complete control over granting, denying, suspending, and terminating employment suitability checks for Contractor employees and prospective employees. If the COR receives a report indicating the unsuitability of any employee or prospective employees, the COR will inform the Contractor that ICE will not allow the individual on site.

Prospective contractor employees possessing an appropriate Government security clearance may not be required to undergo a Background Investigation, as the clearance issued may be acceptable to ICE. In such cases, the contractor shall provide the COR with appropriate information on the individuals’ clearance and the COR will in turn work with OPR on an EOD determination.

The contractor is advised that all contractor employees must be U.S. citizens and must have resided in the United States of America for three out of the last five years.

ICE may, as it deems appropriate, authorize and make a favorable EOD decision based on preliminary security checks, which allows a contractor employee 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 full employment suitability determination will follow. The suitability determination may take several months to complete. All EOD decisions and suitability determinations will be communicated to the contractor through the COR.

OPR may reinvestigate a contractor employee at any time.

The contractor shall screen all employees for illegal drugs prior to commencing work on this contract and within 30 days of contract award. All contractor employees are subject to random drug testing for the use of illicit drugs. Drug screening is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP), and marijuana metabolites by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug Abuse (NIDA) must perform the screening and results shall be submitted as a deliverable to COR.

ICE may require drug screening for probable cause at any time and/or when the Contractor independently identifies circumstances where probable cause exists. Refusal to submit to a drug test within the prescribed period of time will result in removal from performing under this contract in accordance with this SOW.

The Contractor must post the ICE “Drug Free Workplace Policy” in all contract work areas.

ICE will provide Personal Identification Cards (PIV) cards to all contractor employees.

C.4.9 Training ICE will provide facility orientation training to all new contractor employees prior to beginning work on this contract. Orientation training will include an overview of the facility and mission of ICE, security issues, PIV card requirements and an overall introduction to the detention facility. Annual Refresher Training thereafter will be scheduled by ICE on a case-by-case-basis.

Contractor employees shall complete ICE mandatory training forums and webinars as assigned by local CORs. These mandatory training assignments vary from site-to-site and sometimes depend on whether the employee has access to local IT computer systems. Contractor employees shall complete courses by the required deadlines. For planning purposes, these courses when combined total 20 – 40 hours of training per year depending on the site.

ICE will provide abbreviated facility orientation training to all volunteers prior to volunteering at the facility. Facility training thereafter will be required by ICE only on a case-by-case-basis.

The Contractor shall maintain staff training records and keep them updated as needed for the duration of the contract.

C.4.9.1 Monthly Deliverables and Meetings The Chaplain shall meet with the Local COR once per month on a regular basis. These meetings provide a management level review and assessment of contractor performance and a discussion and resolution of problems.

Deliverables are listed below with required time frames.

C.5 Performance Measures The following measures are applicable to the Religious Services Program. The expected outcomes are:

1. Detainees will have opportunities to participate in practices of their religious faith that are deemed essential components of that faith, limited only by a documented showing of threat to the safety and security of the facility as determined by ICE.

2. All religions represented in the detainee population will have equal status without discrimination based on any detainees’ race, ethnicity, religion, national origin, gender, sexual orientation or disability.

3. Each facility religious program shall be planned, administered, and coordinated in an organized and orderly manner subject to availability of gathering space.

4. The contractor shall provide equipment, materials and personnel (including employees and volunteers) to conduct and administer religious programs.

5. Detainees of faith traditions not directly represented by chaplaincy staff or regular volunteers will be assisted with opportunities to practice their faith and be connected with external clergy or religious service providers to the extent practicable.

6. Each facility’s Religious Services Program shall be augmented and enhanced by volunteers on a regular or ad hoc basis.

7. Detainees in Special Housing Units and hospital units (on-site only) shall have regular access to religious programs and services.

8. Religious meals and celebratory holiday feasts will be provided for detainees whose religious beliefs require the adherence to religious dietary laws.

9. The content of each program will be communicated to the detainee in a language that the detainee can understand.

10. If there is any conflict between this SOW and the 2011 ICE PBNDS, the ICE PBNDS shall prevail and the conflict shall be brought to the attention of the National COR and CO.

C. 6. Place of Performance The dedicated ICE Detention Facilities covered by this contract are in the following locations:

Batavia, NY. (Batavia Federal Detention Facility 4250 Federal Drive, Batavia, NY. 14020) Miami, FL. (Krome Service Processing Center, 18201 SW 12th Street, Miami, FL. 33194) Los Fresnos, TX. (Port Isabel Service Processing Center, 27991 Buena Vista Blvd., Los Fresnos, TX. 78566) Florence, AZ. (Florence Service Processing Center, 3250 N. Pinal Parkway, Florence, AZ. 85132) El Centro, CA. (El Centro Service Processing Center, 1115 North Imperial Avenue, El Centro, CA. 92243) El Paso, TX. (El Paso Service Processing Center, 8915 Montana Avenue, El Paso, TX. 79925) Artesia, NM (Artesia Family Residential Center, 1300 West Richey Avenue, Artesia, NM. 88210) Dilley, TX (1925 W Highway 85, Dilley, TX. 78017) C.7. Period of Performance The anticipated total period of performance for the contract is one base period comprised of a one (1) month transition period, and eleven (11) months plus four (4) one year options.

C.8 Rules and Regulations The Contractor shall abide by all rules and regulations found in the following:

1. Local Facility Policies and Procedures (available post-award to the successful contractor)

2. American Correctional Association (ACA) Standards for Adult Detention Facilities (most current edition) and the most recent copy of the supplement issued every two years. A copy is obtainable through the Internet website www.aca.org.

3. M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public) – Attachment 2 in Section J.

4. The ICE Performance Based National Detention Standards (PBNDS) – A copy of the latest edition obtainable through the Internet website http://www.ice.gov/detention-standards/2011/

5. The ICE Family Residential Standards (FRS) – A copy of the latest edition can be obtained through the Internet website http://www.ice.gov/detention-standards/family-residential/

6. Prison Rape Elimination Act (PREA) – Language for this item can be found in Section H of the RFP.

7. All other regulations provided to the Contractor through the COR or the Contracting Officer.

The Contractor shall not use or permit the use of the Government premises for any unlawful purpose, or any unlawful act.

C.9 Quality Assurance Surveillance Plan (QASP) The Government’s Quality Assurance Surveillance Plan (QASP) is designed to provide an effective surveillance method to monitor the contractor’s performance relative to the requirements contained in the contract. The QASP illustrates the systematic method the Government will use to evaluate the services the contractor is required to furnish. The role of the Government in any quality assurance is to ensure performance standards are achieved and maintained.

The purpose of this section is to (1) define the role and responsibility of the local COR, (2) describe the evaluation method that will be employed by the COR in assessing the contractor’s performance, and (3) Describe the documentation process for inadequate contractor performance.

This QASP is based on the principle that the Government must validate that the contractor’s performance is compliant with the performance standards established in the contract.

C.9.1 METHODS OF SURVEILLANCE

The COR will inspect performance in accordance with the Performance Monitoring Tool as set forth in Attachment 5 in Section J. The COR may interview key members of the contractor’s staff, and other Government personnel to ascertain current practices and the extent of compliance with the performance standards.

C.9.2 FUNCTIONAL PERFORMANCE AREAS AND STANDARDS

To facilitate the performance review process, the required performance standards are organized into nine functional areas corresponding to the requirements in the Statement of Work (SOW). Each functional area represents a proportionate share (i.e., weight) of the monthly invoice amount payable to the service provider based on meeting the performance standards. Payment withholdings will be based on these percentages and weights applied to the overall monthly invoice.

ICE may, consistent with the scope of the agreement, unilaterally change the functional areas and associated standards affiliated with a specific functional area. The Contracting Officer will notify the service provider at least 30 calendar days in advance of implementation of the new standard(s). If the contractor is not provided with the notification, adjustment to the new standard must be made within 30 calendar days after notification. If any change affects pricing, the contractor may submit a request for equitable price adjustment in accordance with the FAR Clause 52.243-1 Changes—Fixed-Price ALT II. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without advance notice to the service provider, so long as the standards are not more stringent than those being replaced, unless agreed upon by the parties.

C.9.3 FAILURE TO MEET PERFORMANCE STANDARDS

Performance of services in conformance with the PRS standards is essential for the contractor to receive full payment as identified in the contract. The Contracting Officer may take deductions or withholdings against the monthly invoices for unsatisfactory performance documented through surveillance of the service provider’s activities gained through site inspections, reviews of documentation (including monthly QCP reports), interviews, and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard:

At-Risk Based on the performance measures, the majority of a performance standard’s attributes are not met.

Using the above standards as a guide, the Contracting Officer will implement adjustments to the service provider’s monthly invoice as prescribed in Attachment 3 in Section J.

Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. “withholds”) amounts from the contractor’s monthly invoice. This may happen when an event occurs, such as detainees not being allowed to participate in a service or class, dietary needs not being approved, religious items not being procured as requested, etc., when a particular deficiency is noted without correction, or when the contractor has failed to take timely action on a deficiency about which he / she was properly and timely notified. The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event, or may continue until the contractor has either corrected the deficiency, or made substantial progress in the correction.

Further, a deficiency found in one functional area may tie into another.

C.9.4 NOTIFICATIONS

C.10 Monetary Adjustment Each month the contractor’s performance will be compared to the contract standards using the Performance Requirements Summary, included as an attachment to the SOW. If performance of a required service is unsatisfactory and the unsatisfactory performance is clearly the fault of the contractor as determined by the Contracting Officer, an amount of money up to the maximum payment percentage stated in the PRS may be deducted or withheld from the monthly invoice.

C.11 QUALITY CONTROL PLAN

The contractor is required to develop implement, and maintain a comprehensive monitoring procedure and to document its approach in a Quality Control Plan (QCP). The contractor’s QCP, upon approval by the Government, will be made a part of the resultant contract. The QCP documents how the contractor shall monitor its performance against measurable outcomes.

The contractor’s QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by ERO. The reports and other results generated by the contractor’s QCP activities shall be provided to the COR as requested.

The frequency and type of the contractor’s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards, but no less frequent than what is described in the Government’s monitoring instrument / worksheets (see Attachment 5 Performance Monitoring Tool).

The contractor is encouraged not to limit its inspection to only the processes outlined in the Government’s standard; however, certain key documents must be produced by the contractor to assure the Government that the services meet the performance standards. The contractor shall provide a Quality Control Plan that addresses the critical and measurable operational performance standards and quality program requirements for services rendered under this contract. The contractor shall incorporate in the QCP a system of reviews and method for updating all policies, plans, and procedures.

C.12 Definitions Acceptable Quality Level: The minimum level of quality that will be accepted by the Government in order to meet the performance standard.

Adult detainee - any detainee eighteen (18) years of age or older.

Alien - any person who is not a citizen or national of the United States.

Assistant Field Office Director (AFOD) - ICE senior officer in charge of each facility.

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

Classification Level – High, Medium, Low High Risk Level – (Level 3) Detainees exhibit behavioral problems, or manifest a pattern of such behavior, or have a history of violent and/or criminal activity.

Medium Risk Level – (Level 2) Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior.

Low Risk Level – (Level 1) Detainees exhibit no behavioral problems and have no history of violent criminal behavior.

Contraband - any item possessed by a detainee or found within the facility, which is declared illegal by law, or expressly prohibited, by ICE policy. 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 – a volunteer working with the contractor or an employee of the contractor hired to perform a variety of detailed services. The Contractor will be responsible for all employees and volunteers while they are on ICE premises.

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

Contract Line-Item Number (CLIN) – the services specified in the SOW that are priced by quantity and amount by the contractor and funded by the Government as identified on the Standard Form 30 or Optional Form 336.

Contracting Officer’s Representative (COR) - ICE employee(s) designated and authorized by the Contracting Officer to monitor all technical aspects of the contract, certify invoices for payment, and assist in administering the contract.

Contractor - the firm, or entity, with whom ICE enters into this contract.

Contractor Required Property – property which contractor is responsible to provide under this SOW.

Deduction: Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur or when a rating of at-risk has been given. See Attachment A for information on percentage of invoice amount that may be deducted for each functional area. The contractor will be notified immediately if such a situation arises. The Contracting Officer in consultation with the Program Office will determine the amount of the deduction. Amounts deducted are not recoverable. The assessment of deductions does not preclude the Contracting Officer from initiating other applicable contract actions and remedies, if applicable.

Deliverable – a document containing specific information required by the contract and delivered to ICE on a daily, weekly, monthly, annual or ad hoc basis.

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

Detainee - any person detained under the auspices and the authority of any federal agency, primarily U.S. Immigration and Customs Enforcement (ICE). Many detainees have substantial and varied criminal histories.

Detainee Property – refers to personal property belonging to a detainee.

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

Office of Enforcement and Removal Operations (ERO) - a division of ICE, whose mission is the planning, management, and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in violation of U.S. Immigration Law.

Entry on Duty (EOD) - the first day a contractor employee begins performance on this contract.

Functional Area: A logical grouping of performance standards.

Government - refers to the United States Government.

Grievance – a complaint filed by a detainee concerning personal health/welfare or the operation and services of the facility.

Housing Unit – the physical area where detainees reside.

U.S. Immigration and Customs Enforcement (ICE) - a law enforcement agency with the U.S. Department of Homeland Security.

Measures: The method for evaluating compliance with the standards.

Non-Contact Visitation - visitation that restricts detainees from having physical contact with visitors using physical barriers such as screens and/or glass. Voice communications between the parties are typically accomplished with telephones or speakers.

Personal Identification Verification Card (PIV Card) – identification card provided by ICE to all contractor employees to gain physical access to secure buildings and ICE computer resources.

Performance Requirements Summary (PRS) (Section J Attachment 3) - a condensed listing of tasks, standards, acceptable quality level, and relative value of the services required by the Statement of Work (SOW). The PRS identifies the essential service outputs of the contract that will be evaluated by the Government to assure the Contractor meets contract performance standards. The PRS is used to calculate invoice deductions. The PRS is based on:

1. Administration and Management - Addresses general administration, organizational and management requirements

2. Personnel - Addresses contractor responsibility in areas of hiring and retention, competency, promptness, appearance, behavior, and integrity.

3. Background and Clearance Procedures - Addresses background investigations, security requirements, suitability determinations, background investigations, employment, and continued eligibility and security management.

4. Deliverables – Addresses accuracy, timeliness and usefulness of reports produced by the contractor.

5. Performance of Religious Services/Classes/Counseling – The contractor shall coordinate a group of volunteers to organize religious services, instructional classes, and the contractor shall provide personal counseling to detainees.

6. Religious Dietary Needs – Approve requests for religious dietary needs.

7. Facilitate Access to Religious Worship Items - Procure items requested by detainees needed in by them for religious worship.

Statement of Work (SOW) - that portion of the contract (Section C), which describes the services to be performed under the contract. Proposal - the written plan submitted by the Contractor for consideration by ICE in response to the Request for Proposal (RFP).

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

Service Processing Center (SPC) - refers to ICE owned and operated facilities for housing detainees.

Special Housing Unit (SHU) - the space set aside within the facility for administrative detention or disciplinary segregation.

Suitability Determination - security clearance process performed by the Government for all prospective and current contractor employees to determine suitability to work or continue to work under this contract.

Statement of Work (SOW) - that portion of the contract (Section C), which describes the services to be performed under the contract.

Swipe Card - government provided access card used to access the facility and areas not intended for public access.

Withholding- Amount of monthly invoice payment withheld pending correction of a deficiency. See Attachment A for information on percentage of invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (see Sections 7 and 8) if the CORs and Contracting Officer confirm resolution / correction, and should be included in the next month’s invoice.

Worship Service – include sermons, talks, and recitation of religious texts, singing, and other observances.

Section D Packaging and Markings

D.1 Packaging and Marking

All information and/or correspondence submitted to the Contracting Officer or the COR shall be clearly marked and indicate the contract number.

D.2 Report Cover Sheet Each report submitted by the Contractor shall have a cover sheet containing the following information:

1. Name and Address of the COR

2. Contract Number

3. Name and Address of the Contractor

4. Title of Report

5. Report Number and Type

6. Period Covered by the Report

Section E Inspection and Acceptance

CLAUSES IN FULL TEXT:

E-1 FAR 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.