Solicitation_SECTION_B-M_-_7-8-14_FINAL_FBO_POSTING.docx

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The Government anticipates soliciting and awarding a Fixed Price Services contract for ten (10) years and a 60 day transition period, on a competitive basis, as an 8(a) program set-aside under NAICS code 561612. Services shall be provided at the Buffalo Federal Detention Facility (BFDF). The Contractor shall provide all management, supervision, labor, and materials necessary to perform the services identified in the Performance Work Statement (PWS).

B.2 CONTRACT PRICING

B.2.1 CLIN DESCRIPTION

Offerors are instructed to fill in both Contract Line Item Number (CLIN) tables below. These tables may be edited prior to award, though, at least one of the tables is anticipated to be the CLIN structure that will be utilized for the resultant contract. All Base and Option Period pricing shall be incorporated into this contract upon award. For each Task Order, the Base Period will be funded upon award and all Optional CLINs and Option Periods will be funded in full, if exercised, at the time they are exercised.

B.2.2 PRICING

Pricing structure A consists of one (1), one-year base period, nine (9) one-year optional periods, and a 60-day transition period.

Transition Period - December 1, 2014 – January 31, 2015

Base Period: February 1, 2015 – January 31, 2016

Option Period 1 - February 1, 2016 – January 31, 2017 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

Option Period 2 - February 1, 2017 – January 31, 2018 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

Option Period 3 - February 1, 2018 – January 31, 2019 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

Option Period 4 - February 1, 2019 – January 31, 2020 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

Option Period 5 - February 1, 2020 – January 31, 2021 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

Option Period 6 - February 1, 2021 – January 31, 2022 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

Option Period 7 - February 1, 2022 – January 31, 2023 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

Option Period 8 - February 1, 2023 – January 31, 2024 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

Option Period 9 - February 1, 2024 – January 31, 2025 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract

- End of Pricing Structure A –

Pricing structure B consists of one (1), five-year base period, one (1) five-year optional period, and a 60-day transition period.

Cancellation Fee - December 1, 2014 – January 31, 2025

Program Period 2-5: $10,000,000 Program Period 3-5: $7,573,762 Program Period 4-5: $5,099,000 Program Period 5: $2,574,743

Transition Period - December 1, 2014 – January 31, 2015

Base Period: February 1, 2015 – January 31, 2020

Option Period 1 - February 1, 2020 – January 31, 2025 (In accordance with FAR 52.217-9, Option to Extend the Term of the Contract)

Cancellation Procedures

The established cancellation fee is based on the estimated non-recurring costs of the multi-year price and the percentages for each of the program year requirements. In accordance with FAR 17.105-2(c), all program years except the first are subject to cancellation. Under this contract, the maximum cancellation fee is $10,000,000.00, reduced for each program year, in direct proportion to the remaining requirement subject to cancellation.

Cancellations will be conducted in accordance with this contract section, FAR 17.1, FAR 52.217-2, and the following schedule:

(02/01/16 - 01/31/20)

Program Period 3-5 09/30/16 $7,573,762 (02/01/17 – 01/31/20)

Program Period 4-5 09/30/17 $5,099,000 (02/01/18– 01/31/20)

Program Period 5 09/30/18 $2,574,743 (02/01/19 – 01/31/20)

Full funding will be provided for the initial cancellation fee upon award of this contract, in the amount of $10,000,000. After the end of each cancellation period, the associated reduction in cancellation fee will be deobligated from the contract via unilateral modification to the contract.

The cancellation fee applies only to the base period of this contract, after which time all charges for plant and equipment and other non-recurring charges will have been considered fully amortized. No cancellation fees are authorized in association with any Option Period under this contract.

- End of Pricing Structure B –

B.3 MINIMUM AND MAXIMUM QUANTITIES

The Government’s minimum quantity obligation for bed day CLINS is 400 beds per day for the base period and any option periods that are exercised by the Government. The maximum quantity of beds per day is 650 for the base period and any option periods that are exercised by the Government.

B.4 FUNDING

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by unilateral modification to the task orders.

[END OF SECTION B]

SECTION C—PERFORMANCE WORK STATEMENT

I. INTRODUCTION

A. Objective The objective of this contract is to obtain detention, transportation and food services for the Buffalo Federal Detention Facility (BFDF) located in Batavia, New York in support of the ICE ERO-Buffalo Field Office. The contractor shall furnish these services, including a trained and qualified management staff, supervision, manpower, relief officer(s), uniforms, equipment, and supplies (which includes firearms, ammunition, body restraints, non-lethal devices, body armor, radios and cellular telephones) to provide support seven (7) days a week, twenty-four (24) hours per day.

ICE is anticipating a ten (10) year and sixty-day contract with two (2) approaches for contract award:

A) One (1) 60-day transition period with one (1) one-year base period and nine (9) one-year optional periods; or

B) One (1) 60-day transition period with one (1) five-year year base period and one (1) five-year optional period.

B. 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 Service Processing Centers (SPC) and other federal, state, local, and private facilities.

C. Mission The mission of the ICE Enforcement and Removal Operations (ERO) Program 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 border control efforts. ERO upholds America’s immigration laws at, within and beyond our borders through efficient enforcement and removal operations.

ERO currently maintains and operates various databases used to process cases located by Federal, state and local law enforcement agencies. ERO functions are directly reliant upon these activities. 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.

D. Scope of Work Performance The Contractor shall perform all services in accordance with ICE 2011 Performance-Based National Detention Standards (PBNDS)( http://www.ice.gov/detention-standards/2011/) optimals and enhanced recreation, Prison Rape Elimination Act (PREA), American Correctional Associate (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), and state and local laws on firearms at all times. 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 and third party inspectors will conduct periodic and unscheduled audits and inspections of the facility to ensure compliance with the aforementioned standards. In addition, the Contractor shall provide full and complete cooperation for any request or investigation conducted by the Government.

Under this contract, the Contractor shall provide detention management services including detention officers, management personnel, supervision, manpower, training, certifications, licenses, drug testing, relief officer(s), uniforms, equipment, and supplies (to include firearms, ammunition, body restraints, non-lethal devices and body armor), and automobile insurance necessary to provide detention management and transportation services seven (7) days a week, twenty-four (24) hours per day at BFDF. The Contractor shall also be responsible for other ancillary services including but not limited to transportation and food service.

BFDF operates at an operational capacity of 650 detainees. Under emergency circumstances the maximum population at BFDF is 834.

Detainees are classified as High (Level 3), Medium (Level 2), or Low Risk (Level 1). Contractor shall be responsible for detainee record keeping services and personal property in accordance with Subsection 5 of the PWS. The Contractor shall create and update detainee records and the Government will store the records. All records will remain the property of the U.S. Government.

The Contractor shall provide stationary guard services at hospitals or miscellaneous locations as directed by the COR, and/or an ICE-designated official. Transportation duties shall include, but are not limited to, escorting and guarding detainees to medical or doctor’s appointments, hearings, ICE interviews, and any other location requested by the COR, and/or an ICE-designated official. The Contractor shall agree to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. It is imperative that assigned posts are properly covered at all times or as deemed required and necessary by the Government. Public contact is prohibited unless authorized in advance by the COR or an ICE-designated official. Public contact consists of any visits with outsiders, not sanctioned by ICE, i.e. a visitor to see a detainee in the hospital.

The Contractor shall provide its own fully operational and well-maintained equipment and supplies necessary to fulfill the requirements of PWS.

E. Explanation of Terms Administrative Contracting Officer (ACO) - ICE employee responsible for contract compliance, contract administration, cost control, property control, and reviewing COR’s assessment of Contractor’s performance.

Administrative Segregation - a unit of housing for detainees whose continued presence in the general population poses a serious threat to life, property, self, staff, or other inmates or a detainee who is pending disciplinary investigation. It may also include medical observation or other detainees as directed by ICE.

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.

Alien File (A-File) – the complete record of a foreign born person.

American Correctional Association (ACA) Standards - the American Correctional Association Standards (ACA) for Adult Local Detention Facilities, latest edition.

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

Available 100% - the key personnel positions that require full-time contract employees and cannot be filled by part-time contract employees. During periods of absence or leave these key personnel positions shall be covered by an “acting” Supervisory contract employee with the necessary qualifications required by the PWS for the position they are back-filling.

Bed Day/Bed-Day Rate - a contract CLIN used to determine amount payable to the contractor. A billable bed-day includes the day a detainee is booked-in or the day of book-out and all days in between.

Body cavities - body cavities include the mouth, ears, nostrils, vagina, and rectum.

Booking - a procedure for the admission of an ICE detainee or US Marshal detainee, which includes pat searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the detainees accompanying personal property and valuables.

Buffalo Federal Detention Facility (BFDF) - an all-male, ICE-owned Service Processing Center located at 4250 Federal Drive, Batavia, NY 14020. BFDF includes the SPC and an accompanying warehouse complex.

Bureau of Prisons (BOP)- is a U.S. federal law enforcement agency and is a subdivision of the U.S. Department of Justice.

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.

Contract Detention officers - contractor’s uniformed staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in support of this contract. The officer is also responsible for the safety and security of the facility.

Contract Employee - an employee of the contractor hired to perform a variety of detailed services at BFDF or at miscellaneous locations as required by the contract.

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

Contract Line-Item Number (CLIN) – the services specified in the PWS 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 PWS.

Contractor’s Employees Union/Collective Bargaining Agreement – the labor agreement between the contractor and its bargaining unit employees. CBA wage rate increases will be processed by the Contracting Officer annually.

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, charged with protecting U.S. territory from terrorist attacks and providing a coordinated response to large-scale emergencies.

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).

Detainee - any person detained under the custody 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.

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

Detention Standards Compliance Unit (DSCU) - the purpose of the Detention Standard Compliance Unit (DSCU) is to develop and prescribe policies, standards, and procedures for ICE detention operations and to ensure detention facilities are operated in a safe, secure, and humane condition for both detainees and staff.

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

Disciplinary Segregation - a unit housing detainees who: are a serious disruption to the general population, require additional physical confines, or have received a sanction by the BFDF Disciplinary Panel.

Disturbance Control Team – designated contract detention officers responsible for calculated use of force events within BFDF or locations as authorized by ICE.

Immigration Health Services Corps (IHSC) - a unit within ICE dedicated to providing medical services at BFDF Emergency - any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, natural disaster, or other serious incident.

Emergency Care - care for an acute detainee illness or unexpected and unscheduled serious health care need that cannot be deferred until the next scheduled sick call. Such care requires immediate attention at a local emergency room as deemed necessary by IHSC.

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 contract employee begins performance on this contract.

Executive Office of Immigration Review (EOIR) - an agency of DOJ with offices at BFDF.

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

Flight Operations Unit (FOU) – the ICE unit responsible for air transportation of ICE detainees.

G-391 – official Government form that authorizes the transportation of detainees specified by an ICE designated official.

Government - refers to the United States Government.

Government Property – any property owned or leased by the Government. Any property shared with the contractor is identified in an attachment to this PWS.

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

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

Health Care Personnel - duly licensed individuals whose primary duties are to provide health services to detainees.

Health Trained Personnel (Medically trained personnel) - IHSC officials who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.

Holiday – is the day the Federal Government observes the holiday. This includes: New Year’s Day, Birthday of Martin Luther King (third Monday in January), Washington’s Birthday (Third Monday in February), Memorial Day (Last Monday in May), Independence Day (July 4th), Labor Day (First Monday in September), Columbus Day (second Monday in October), Veterans Day (November 11th), Thanksgiving Day (fourth Thursday in November) and Christmas Day (December 25th). When a holiday falls on a Saturday, the Federal Government holiday is the day before (Friday). When a holiday falls on a Sunday, the Federal Government holiday is the day after (Monday). In the event of a Presidential closing of Agencies for a full day, the contractor shall follow the “Holiday” approved staffing plan. In the event of an Executive Order granting a “half day” the contractor shall follow the normal Monday through Friday staffing plan.

Housing Unit – the physical area where detainees reside at BFDF.

ICE – Immigration and Customs Enforcement, a component of the Department of Homeland Security (DHS).

ICE Designated Official – the authorized Government personnel responsible for directing the contractor to perform specific services as outlined in the contract.

ICE Officer - ICE Officers such as Supervisor Detention and Deportation Officer (SDDO), Supervisory Immigration Enforcement Agent (SIEA), Immigration Enforcement Agent (IEA), or Deportation Officer (DO).

ICE Processing Supervisors – the designated ICE officials responsible for the Processing Unit at BFDF. Duties of the Processing Supervisor include issuing G-391’s to the contractor, and directing the contractor to perform tasks identified in the PWS in support of the Processing Unit.

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

Incident Report - a written report documenting a rule violation by a detainee. The report is ultimately deliverable to ICE.

Juvenile Detainee - any detainee under the age of eighteen (18) years.

Lethal or Deadly Force - the force a person uses with the purpose of causing or knowingly creating a substantial risk of causing death or serious bodily harm.

Life Safety Code - a manual published by the National Fire Protection Association (NFPA) specifying minimum standards for fire safety necessary in the public interest.

Log Book - the official record of post operations.

Man-day – a contract CLIN used to determine amount payable to the contractor. A billable man-day includes the day a detainee is booked-in or the day of book-out and all days in between. The daily 2330 Facility Population Count serves as the official man-day count for billing purposes.

Man-hour - hours when the required services are performed. Only these hours can be billed and invoiced to those CLINs where hours are payable.

Man-Hour Rate - man-hour unit prices shall include all costs (direct and indirect), profit, and overhead. Costs include but are not limited to management, wages, benefits, training time, holiday and vacation pay, sick leave, shift differential, relief, muster time, drug testing, materials, equipment, uniforms, insurance, and any other costs to meet contract requirements described in the solicitation.

Medical Records - separate records of all detainee medical examinations, diagnoses, and treatments maintained by the IHSC.

Medical Screening - a system of structured observation/initial health assessment of newly arrived detainees performed within the first 12 hours of arrival performed by IHSC.

Medical Unit - the physical area in the facility and organizational unit set-aside for routine health care and sick call. The Medical Unit is the designated part of the facility for the delivery of care to detainees on an ambulatory or observation basis.

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.

Non-Deadly Force - the force a person uses with the purpose of not causing or which would not create a substantial risk of causing death or serious bodily harm.

Off-Site Guard – designated detention post other than those at BFDF covered by an armed or unarmed contract detention officer as required by ICE.

Office of Professional Responsibility, Personnel Security Unit (OPR-PSU) - this office in ICE implements a component-wide personnel security program.

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

Pat Down Search - a quick thorough search of the detainee while clothed to determine the presence of contraband, to include removal of shoes and/or jackets Performance Requirements Summary (PRS) - a condensed listing of tasks, standards, acceptable quality level, and relative value of the services required by the Performance Work Statement (PWS). 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.

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

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

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

Post Orders – refers to general policies and procedures used for specific posts throughout BFDF.

Preventive Maintenance - a system designed to enhance the longevity and/or usefulness of buildings and equipment in accordance with a planned schedule.

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.

Processing Unit – a secure area within BFDF where detainees are admitted and released and from which ground transportation services are initiated.

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

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.

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

Quality Assurance Surveillance Plan (QASP) – an organized written document prepared and used by the Government to assure requirements of the PWS 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.

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.

Quality Control Plan (QCP) - a Contractor-produced document that addresses critical operational performance standards for services provided.

Restraint Equipment - this includes but is not limited to handcuffs, belly chains, leg irons, flexi-cuffs, soft (leather) cuffs, and leg weights.

Sally Port - an enclosure situated either in the perimeter wall or fence of 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 ensures there shall be no breach in the perimeter or interior security of the facility.

Safety Equipment - firefighting equipment, including, but not limited to, chemical fire extinguishers, hoses, nozzles, water supplies, alarm systems, first aid kits, AEDs, stretchers, wheel chairs, and any personal protective equipment.

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

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

Sick Call - a system through which a detainee reports and receives individualized and appropriate medical services for non-emergency illness or injury.

Significant Event Notification Report (SEN) - a written document reporting a special event (e.g., the use of force, use of chemical agents, discharge of firearms, escape, detainee admission to hospital, etc.).

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

Strip Search - an examination of a detainee’s naked body for weapons, contraband, and physical abnormalities. This also includes a thorough search of all of the individual’s clothing while not being worn.

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

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

Tour of Duty – Contract Detention officers - no more than 12 hours in any 24-hour period with a minimum of eight (8) hours off between shifts. This includes any Off-Site Guard post.

Contract Transportation Officers – may exceed a 12 hour shift when authorized by ICE, but must comply with State and Federal Commercial Driver’s License (CDL) mandates. Minimum of eight (8) hours off between shifts. Copies of CDLs shall be delivered to the COR.

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

Transportation Costs - cost inclusive of labor hours, equipment, supervision, management, training, licensing, certification, supplies, and materials necessary to respond to requests by ICE designated officials for movement of detainees from place to place necessary for processing, hearing, interviews, or other situations as determined by the COR or ICE designated official.

United States Marshals Service (USMS) - an agency of Department of Justice (DOJ), which has a Memorandum of Understanding (MOU) with ICE to house USMS detainees at BFDF. Currently ICE holds up to 20 USMS detainees for up to 72 hours each.

Weapons - this includes weapons authorized by the ICE Firearms Policy (https://insight.ice.dhs.gov/mgt/opp/Pages/policies/statements/19002-1.aspx) for use by armed Contract Detention officers or contract DCT members.

X-Ray Search - a photographic search by use of x-rays.

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

1. Post Orders and General Directives (available post-award to the successful contractor)

2. BFDF Policies (available post-award to the successful contractor)

3. 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.

4. M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public) – A copy is obtainable through the Internet website www.ice.gov

5. The ICE Performance Based National Detention Standards – A copy of the latest edition obtainable through the Internet website www.ice.gov

6. ICE Transportation (By Land) Policy. A copy is available through the Internet website www.ice.gov

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.

There shall be no public disclosures regarding services performed by the Contractor (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Officer. The Government considers such information privileged or confidential.

G. Ambiguities All services must comply with the Performance Work Statement (PWS) and all applicable 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’s Representative (COR) shall determine the appropriate standard.

The COR does not have the authority to modify the stated terms of the contract, or approve any action that would result in additional charges to the Government, beyond what is stated in the CLIN schedule. The CO shall make all modifications in writing.

H. Hold Harmless 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 attorney 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, damage to property or any other allegation resulting in any way from the performance of the contract or any subcontract under this contract. Any claims for injury by an employee of the Contractor while performing under the terms of this contract shall be considered a workplace accident with worker’s compensation being an exclusive remedy against the Contractor.

The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for any alleged acts or omissions. The CO and COR 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.

II. REQUIREMENTS

SUBSECTION 1 - GENERAL ADMINISTRATION, ORGANIZATION, AND MANAGEMENT

The Contractor shall provide a safe and secure environment for staff and detainees. The Contractor shall continuously monitor programs, seek ways to reduce and control violence in the facility, respond to emergencies, maintain accountability of tools, chemicals, and other potentially dangerous items, and maintain security. The Contractor shall monitor detainee programs and Contractor staff performance. In addition, the Contractor shall communicate policy, procedures, and operational practices in accordance with ICE written instructions and policy statements.

A. Quality Control Plan (QCP) The Contractor shall provide a final Quality Control Plan (QCP) that addresses critical operational performance standards for the services required under this contract. The final QCP is due 30 days after award of the contract. 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, results of which are reportable in a deliverable to ICE. 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.

B. Quality Assurance Surveillance Plan (QASP) The ICE QASP is attached to this PWS and 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) is the main Government official responsible for oversight of the contractor performance and assessing, recording, and reporting on the technical performance of the Contractor. The COR(s) will have primary responsibility for completing the “Quality Assurance Surveillance Forms” to document their inspection and evaluation of the Contractor’s work performance. The COR is responsible for providing within-scope technical direction to the contractor, approving invoices, and approving contractor incurrence of costs within the CLIN schedule. The COR does not have authority to alter, change, or otherwise modify any requirements of the PWS.

b. ICE Designated Official(s) are BFDF ICE Officers responsible for providing information to the contractor in order for the contractor to perform specific duties. The contractor uses this information to perform tasks in performance of the contract (including but not limited to: preparing a specific number of meals, the movement of detainees to specific locations within the facility, the transportation of detainees to specific locations, and utilization of contractor Disturbance Control Team). The ICE Designated Official(s) do not have authority to provide technical direction to the contractor, request work outside the scope of the PWS, or otherwise direct the contractor to incur any costs not covered by the PWS or CLIN schedule.

c. The Contracting Officer (CO) has administrative responsibility for overall contract enforcement. The CO is responsible 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 as outlined in the PRS. The CO is the only person authorized to alter, change, or otherwise modify the terms and conditions of the contract.

C. 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. Physical fitness for duty

6. Screening employees for illegal drug use

7. Holidays, leave, and work hours

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

9. Training

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

11. Resignation and termination

12. Employee-management relations

13. 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.

D. Facility Staffing Plan and Key Personnel The Contractor shall provide a staffing plan that addresses, at a minimum, the identified staffing needs, minimum personnel qualification standards, special personnel requirements, and key personnel to be employed in connection with this contract, as outlined in the PWS.

Key personnel shall not hold simultaneous positions.

ICE will provide the contractor office space at BFDF for approved key personnel only.

The Contractor Staffing Plan shall:

• Address minimum staffing requirements and key personnel to be employed to ensure compliance with the contract.

· Incorporate the provision of staffing rosters and monthly vacancy rate information to the COR.

The Contractor shall staff the post-positions in accordance with the Contractor…