SECTION_C_Amendment_5.pdf

U.S. Department of Homeland Security Immigration and Customs Enforcement

HSCEDM-15-R-00004

Performance Work Statement Detention Services

Houston Contract Detention Facility

TABLE OF CONTENTS

I. EXPLANATION OF TERMS/ACRONYMS……………………………………….5

II. PERFORMANCE WORK STATEMENT

A. Background ……………………………………………………………………….13 B. Tasks ………………………………………………………………….……… C. General ..…………………………..………………………………………………26 D. Exclusivity ………………………………………………………………………..28 E. Quality Control …………………………………………………………………...28 F. Quality Assurance Surveillance Plan (QASP)……………………………… G. Contractor’s Failure to Perform Required Services………………………… H. Inspection by Regulatory Agencies ………………………………………………29 I. Performance Evaluation Meetings ………………………………………………. 30 J. Contractor’s Employee Rules………………………………………………… K. ICE Operations Manual …………………………………………………………. 30 L. Facility Staffing Plan and Key Personnel ……………………………………….. 30 M. Employee Standards….……………………………………………………………33 N. Training Program …………………………………………………………………33 O. Housing, Health and Medical Care, Transportation, and Stationary Guards…

III. REQUIRED ADMINISTRATION AND MANAGEMENT SERVICES

A. Manage Information System for Collecting, Retrieving, Storing, and Reporting Detainee Detention ………………………………………………. 35 B. Manage the Receiving and Discharge of Detainees………………………………35 C. Manage and Account for Detainee Assets (Funds, Property)………………… D. Securely Operate the Facility ……………………………………………………. 36 E. Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault… 37 F. Establish and Maintain a Program for Suicide Prevention and Intervention…….. 37 G. Enforce the Detainee Disciplinary Policy ……………………………………….. 37 H. Maintain Detainee Accountability……………………………………………….. 37 I. Collect and Disseminate Intelligence Information………………………………..37 J. Provide Security Inspection System………………………………………………37 K. Maintain Institutional Emergency Readiness …………………………………….38 L. Manage Computer Equipment and Services in Accordance with all Operational Security Requirements …………………………………….. 39 M. Manage a Detainee Work Program……………………………………………….39

IV. FACILITY SECURITY AND CONTROL

A. Security and Control (General) ………………………………………………….. 40 B. Unauthorized Access ……………………………………………………………..40 C. Direct Supervision of Detainees ………………………………………………… 40 D. Log Books……………………………………………………………………….. 40

E. Records and Reports …………………………………………………………….. 41 F. Detainee Counts………………………………………………………………….. 41 G. Daily Inspections ………………………………………………………………... 41 H. Control of Contraband …………………………………………………………... 42 I. Keys and Access Control Devices ………………………………………………. 42 J. Control of Chemicals ……………………………………………………………. 42 K. Post Orders……………………………………………………………………….. 42 L. Deviation from Prescribed Schedule Assignments ……………………………… 42 M. Use of Force Policy …………………………………………………………… N. Use of Restraints Policy ……………………………………………………… O. Intelligence Information ………………………………………………………….43 P. Notification and Public Disclosures…………………………………………… Q. Lost and Found …………………………………………………………………...44 R. Escapes ………………………………………………………………………….. 44 S. Correspondence and Other Mail ………………………………………………… 44 T. Evacuation Plan………………………………………………………………….. 44 U. Injury, Illness, and Reports ……………………………………………………… 45 V. Protection of Employees ………………………………………………………… 45 W. Medical Requests …………………………………………………………………45 X. Emergency Medical Evacuation ………………………………………………….45 Y. Sanitation and Hygienic Living Conditions ……………………………………...45 Z. Maintain a Video Surveillance Program ……………………………...………….46

V. DETAINEE RIGHTS, RULES, DISCIPLINE, AND PRIVILEGES

A. General …………………………………………………………………………...46

VI. HEALTH SERVICES

A. Hospitalization of Detainees…………………………………………………………………………. 46

B. Manage a Detainee Death ……………………………………………………….. 46

VII. FOOD SERVICES

A. Manage Food Service Program in a Safe and Sanitary Environment …………... 47

VIII. DETAINEE SERVICES AND PROGRAMS

A. Manage Detainee Clothing, Linens, and Bedding ………………………………. 47 B. Manage Multi-Denominational Religious Services Program …………………… 48 C. Provide for a Detainee Recreation Program …………………………………….. 48 D. Manage and Maintain a Commissary …………………………………………… 49 E. Manage and Maintain a Detainee Telephone System …………………………… 49 F. Provide for the Special Needs of the Female Detainee Population ……………... 50 G. Law Library ……………………………………………………………………... 50 H. Communication Assistance………………………………………………………..51 I. Physical Plant ……………………………………………………………………..51

IX. PERSONNEL

A. Minimum Standards of Employee Conduct …………………………………….. 53 B. Minimum Personnel Qualification Standards …………………………………… 54 C. Health Requirements for All Detention Officers………………………………… 55 D. Random Drug Testing …………………………………………………………… 57 E. Contraband Program and Inspection ………………………………………… F. Removal from Duty ………………………………………………………………58 G. Tour of Duty Restrictions ……………………………………………………….. 59 H. Dual Positions …………………………………………………………………… 60 I. Post Relief ……………………………………………………………………….. 60 J. Personnel Files…………………………………………………………………… 60 K. Uniform Requirements ……………………………………………...……………60 L. Permits and Licenses…………………………………………………………...…61 M. Encroachment …………………………………………………………………….62 N. Work Schedules………………………………………………………………….. 62

X. BACKGROUND AND CLEARANCE PROCEDURES

A. Security Requirements …………………………………………………………… 63 B. Suitability Determination…………………………………………………………..63 C. Background Investigations and Required Forms……………………………….….64 D. Continued Eligibility..……………………………………………………………. 65 E. Employment Eligibility……………………………………………………….……65 F. Security Management ………………………………………………………….…..65 G. Information Technology Security Clearance …………………………………….. 66 H. Information Technology Security Training and Oversight…………………

XI. TRAINING

A. General Training Requirements…………………………………………………. 66 B. Supervisory Training……………………………………………………………… 69 C. Proficiency Testing…………………………………………………………… D. Certified Instructors………………………………………………………………..69 E. Training Documentation …………………………………………………………. 70

XII. PROPERTY ACCOUNTABILITY

A. General ………………………………………………………………………….. 70 B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government …………………………………………………... 70

XIII. FIREARMS / BODY ARMOR

A. Firearms Requirements ………………………………………………………….. 71 B. Body Armor Requirements ……………………………………………………… 72

I. EXPLANATION OF TERMS/ACRONYMS

1. 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 local population because they are en route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel, and those requiring separation for medical reasons.

2. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains persons 18 and over.

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

4. AMERICAN CORRECTIONAL ASSOCIATION (ACA): The American Correctional Association 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.

5. BED-DAY: The total billable cost to the Government to maintain and house one detainee for one day. Bed-day means a detainee that is referred to a contractor for detention. The bed days are calculated by subtracting the date booked into custody from the date released from custody. The contractor may charge for day of arrival, but not day of departure.

6. BED-DAY RATE: The rate charged for each individual detainee per day. Bed-day rate is an all-inclusive burdened rate including direct costs, indirect costs, overhead, and profit necessary to provide the detention, and food service requirements as described in the PWS.

7. BOOKING: 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. The Contractor is responsible for booking the detainee into the EADM system upon receiving the detainee.

8. 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.

9. 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.

10. CONTRABAND: Items that pose a threat to the security of people or property. A contraband item fits into either the category of hard or soft contraband as defined below:

a. Hard Contraband: Any item that is inherently dangerous as a weapon or tool of violence, e.g., a knife, explosives, a “zipgun,” brass knuckles. Because hard contraband presents an immediate physical threat in or to the facility, a detainee found in possession of hard contraband could face disciplinary action or criminal prosecution.

b. Soft Contraband: Any item that presents a nuisance, which does not pose a direct and immediate threat to an individual’s safety. None-the-less, soft contraband has the potential to create dangerous or unsanitary conditions in the facility, such as excess papers that create a fire hazard, food items that are spoiled or retained beyond the point of safe consumption, etc.

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): Employees of the Government responsible for monitoring all technical aspects and assisting in administering the contract.

13. CONTRACTOR: The entity, which provides the services, described in this Performance Work Statement.

14. CONTRACTOR EMPLOYEE: An employee of a private Contractor hired to perform a variety of detailed services under this contract.

15. 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.

16. CREDENTIALS: Document providing primary source verification including education, training, licensure, experience, board certification, and expertise of an employee.

17. DEPARTMENT OF HOMELAND SECURITY (DHS): A department of the United States Government, which includes U.S. Immigration and Customs Enforcement (ICE).

18. 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), the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service

(USMS).

19. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and Customs Enforcement designated in writing by the ICE Field Office Director (FOD) to represent ICE on matters pertaining to the operation of the facility.

20. DETAINEE: Any person confined under the auspices and the authority of any Federal agency. Many of those being detained may have substantial and varied criminal histories.

21. 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.

22. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): A division within ICE, whose mission is the planning, management, and direction of broad programs relating to the supervision, detention, and removal of detainees who are in the United States illegally.

23. 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.

24. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): The purpose of the 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.

25. 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.

26. DIRECTIVE: A document issued by the U.S. Government and signed by the President, Departmental Secretary, or an Assistant Secretary that establishes policy, delegates authority, and/or assigns responsibilities.

27. DISCIPLINARY SEGREGATION: A unit housing detainees who commit serious rule violations.

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

29. 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.

30. 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.

31. 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.

32. 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.

33. EMERGENCY CARE: Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call.

34. EXECUTIVE OFFICE OF IMMIGRATION REVIEW (EOIR): An agency of DOJ. The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

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

36. 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.

37. 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.

38. FLIGHT OPERATIONS UNIT (FOU): The FOU is the principal mass air transportation and manages government and contract flights.

39. GOVERNMENT: Refers to the United States Government.

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

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

42. 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.

43. HEALTH CARE PERSONNEL: Duly licensed individuals whose primary duties are to provide health services to detainees in keeping with their respective levels of health care training or experience.

44. HEALTH UNIT (HU): The physical area in the facility and organizational unit set-aside for routine health care and sick call. The HU is the designated part of the facility for the delivery of care to detainees on an ambulatory or observation basis.

45. ICE HEALTH SERVICES CORP (IHSC): The ICE Health Service Corps serves as the medical authority for ICE on a wide range of medical issues, including the agency's comprehensive detainee health care program.

46. 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.

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

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

49. JUVENILE DETAINEE: Any detainee under the age of eighteen (18) years.

50. KEY PERSONNEL: Any one of the following positions employed by the Contractor;

Warden or Facility Director, Assistant Warden or Assistant Facility Director, Supervisory Detention Officer, Training Officers, Quality Assurance Manager, Corporate Security Officer

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

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

53. MAN-HOUR: Man-hour means productive hours when the required services are performed.

Only productive hours can be billed and invoiced.

54. 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.

55. 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.

56. MILEAGE RATE: a fully burdened rate inclusive of the mileage rate in accordance with General Service Administration Federal Travel Regulation, vehicle equipment, maintenance, and fuel costs

57. 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.

58. 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.

59. NOTICE TO PROCEED (NTP): Written notification from the Government to the Contractor stating the date that the Contractor may begin work, subject to the conditions of the contract.

60. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY UNIT

(OPR-PSU): The ICE office which implements a component-wide personnel security program.

61. ON CALL/REMOTE CUSTODY OFFICER POST: Posts operated as requested by the COR, or other ICE officials designated by COR, and including, but not limited to, escorting and custody of detainees for hearings, ICE interviews, medical watches, and any other location requested by the COR.

62. PAT DOWN SEARCH: A quick patting of the detainee’s outer clothing to determine the presence of contraband.

63. PERFORMANCE WORK STATEMENT (PWS): That portion of the contract, which describes the services to be performed under the contract.

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

65. 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.

66. PREVENTIVE MAINTENANCE: A system designed to enhance the longevity and/or usefulness of buildings and equipment in accordance with a planned schedule.

67. 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.

68. PRODUCTIVE HOURS: These are hours when the required services are performed and can be billed.

69. 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.

70. PROPERTY: Refers to personal belongings of a detainee.

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

72. 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.

73. QUALITY ASSURANCE: The actions taken by the Government to assure requirements of the Performance Work Statement (PWS) are met.

74. QUALITY ASSURANCE SURVEILLENCE PLAN (QASP): A Government-produced document that is based on the premise that the Contractor, and not the Government, is responsible for the day-to-day operation of the facility and all the management and quality control actions required to meet the terms of the contract and is based on the American Correctional Association (ACA), Standards for Adult Local Detention Facilities (ALDF) and ICE Performance Based National Detention Standards (2011 PBNDS). The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The QASP validates that the Contractor is complying with ERO-mandated quality standards in operating, maintaining, and repairing detention facilities.

75. 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.

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

77. RELIEF FACTOR: Indicates how many persons it takes to fill a single job position for a single shift, taking into account vacation, sick leave, training days, and other types of leave.

78. 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.

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

80. 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 masks, fans, first aid kits, stretchers, and emergency alarms.

81. 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.

82. 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.

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

SECURITY RISK – HIGH, MEDIUM, LOW

High Risk Level (Level 3) – Detainees exhibit behavioral problems, a history of violent or assaultive charges or convictions, and violent institutional misconduct. These detainees may not be co-mingled with low custody detainees.

Medium Risk Level (Level 2) – Detainees exhibit minor behavioral problems or have a history of criminal activity. This level may not include any detainee with a felony conviction for an offense listed under the “Highest” section of the severity of offense guideline (Appendix 2.2.C of

PBNDS2011.)

Medium Low Risk Level (Level 1.5) – These are detainees with no history or pattern of violent or assaultive charges or convictions, no institutional misconduct, and no gang affiliation. This level may not include any detainee with a felony conviction for an offense listed under the “Highest” section of the severity of offense guideline (Appendix 2.2.C of PBNDS2011.)

Low Risk Level (Level 1) – Detainees exhibit no assaultive behavior and have no history (arrest or conviction) that included an act of physical violence. This level may not include any detainee with a felony conviction for an offense listed under the “High” or “Highest” section of the severity of offense guideline (Appendix 2.2.C of PBNDS2011.) Detainees may not be co-mingled with high custody detainees.

84. 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.

85. 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).

86. SPECIAL MANAGEMENT UNIT (SMU): A housing unit for detainees in administrative or disciplinary segregation.

87. 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.

88. 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.

89. SUITABILITY CHECK: Security clearance process for Contractor and all Contractor Employees to determine favorable suitability to work on a Government contract.

90. 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.

91. TRAINING: An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy of 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 by approved by the COR or ICE-designee.

92. TRANSPORTATION COSTS: All materials, equipment and labor necessary to respond to requests by designated officials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc.

93. TRANSPORTATION SERVICE COST: An all-inclusive or burdened rate. Cost includes but is not limited to labor, equipment, material, supplies, and other related costs necessary to respond to requests by designated officials for movement of detainees from place to place necessary for processing, court hearings, interviews, doctor’s appointments, JPATs/airports, and transporting in-between detention facilities (counties, state and federal).

94. TRAVEL COST: Cost inclusive of lodging and meals and incidental expenses (MI&E) for Transportation Officers exceeding the standard working hours. Cost is based on actual charges per occurrence, not to exceed the allowable Federal Travel Regulation rates/costs in effect on the dates of travel.

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

II. PERFORMANCE WORK STATEMENT

A. BACKGROUND

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

The mission of the Enforcement and Removal Operations Program (ERO) is the planning, management, and direction of broad programs relating to the supervision, detention and removal 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 securing and departure activities of detainees who are designated in removal proceedings and for arranging for the detention of detainees when such becomes necessary and prescribed by law.

B. TASKS

The contractor shall provide all resources necessary to provide the services to meet or exceed deliverables and performance standards in Attachment A - Deliverables and Performance Standards.

B.1 Detention Services This Performance Work Statement (PWS) 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), requires services to house detainees on a 24 hour per day, seven day per week, 365 day per year basis.

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.

The Contractor shall provide a facility that will support and deliver all of the environmental and physical requirements to ensure total compliance with the current ICE 2011 PBNDS. The Contractor shall comply with all PBNDS 2011 mandatory requirements, and all PBNDS 2011 optimal requirements to the greatest extent possible. A facility includes all service and support detention areas. The facility shall meet the ICE Contract Detention Facility Design Standards dated May 14, 2007 which can be found through the use of the hyperlink provided:

http://cams.ocgov.com/Web_Publisher_Sam/Agenda07_20_2010_files/images/O00110- 000775A.PDF. However, where requirements in the CDF Design standards are in conflict with requirements contained in this Performance Work Statement, in PBNDS 2011, in DHS PREA http://cams.ocgov.com/Web_Publisher_Sam/Agenda07_20_2010_files/images/O00110-000775A.PDF standards, or in other binding requirements associated with this procurement, those provisions take precedence over the CDF Design standards.

Three updates to the CDF Design Standards are attached in Section J; Addendum A IHSC Design Standards, Addendum B EOIR and Addendum C Structured Cable Plant Standard design standards.

ICE will review and approve all design documents, and maintain approval of final inspection of the facility before occupancy. Any design or facility feature that does not meet the CDF Design Standards as stated will be corrected at Contractors expense. The facility shall have 100% auxiliary power and be constructed to withstand a category five Hurricane.

The facility shall be located within a 50 mile radius of the ICE Houston Field Office located at 126 Northpoint Drive, Houston Texas, 77060. The facility must be located within the Office of Personnel Management (OPM) locality area of Houston/Baytown/Huntsville. Please see http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/locality-pay-area-definitions/ , to determine if an address is within the Houston/Baytown/Huntsville OPM locality delineated area. The facility will be within an approximate 30-minute surface commute time of a general acute care hospital that has an emergency room, surgery, medical, and mental health services and within an approximate 60-minute surface commute time of Bush Intercontinental Airport. The facility location will also have access to public and commercial transportation routes and services and serve as a transportation hub for picking up and dropping off ICE detainees.

The Contractor shall provide for operational capacity for 1,000 beds. By May 1, 2017 the Contractor must be able to begin performance for full operational capacity (1,000 beds) and shall notify the 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.

Male and female population will be based on ICE operational needs and/or requirements.

NOTE: UNDER NO CIRCMSTANCES ARE MALE AND FEMALE DETAINEES TO BE

HOUSED IN THE SAME ROOMS.

The facility shall also include a special housing unit (segregation) for administrative and discipline segregation, and two small general population dorms (two man dorms). Further, a short stay unit (medical housing unit) minimum of 25 beds is required for detainees.

Historically, the majority of Houston AOR detained population is criminal alien.

The Contractor shall ensure that the facility operates in a manner consistent with the mission of the Department of Homeland Security (DHS) and ICE ERO. ICE ERO promotes safety and national security by ensuring the departure from the United States of all removable illegal residents through the fair and effective enforcement of the nation’s immigration laws. 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.

A key goal of Immigration Detention Reform is to create a civil detention system that is not penal in nature. However, ICE recognizes that some detainees may have a criminal history. Consequently, detainees at the medium and maximum classification levels may require housing in a more secure area of the facility. The detention center shall provide safe and secure conditions of confinement based on the individual characteristics of a diverse population, including: threat to the community, risk of flight, type and status of immigration proceeding, community ties, medical and mental health http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/locality-pay-area-definitions/ http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2012/locality-pay-area-definitions/ issues. The detention center shall provide easy access to legal services; abundant natural light throughout the facility; ample indoor and outdoor recreation that allows for vigorous aerobic exercise with extended hours of availability-ideally a minimum of four hours per day of outdoor recreation; private showers and restrooms (where practicable); cafeteria style meal service; non-institutional detainee clothing; contact visitation, including special arrangements for visiting families, with extended hours including nights and weekends; private areas for attorney-client visits, with video teleconferencing capabilities; noise control; enhanced, but controlled freedom of movement although the manner and degree of implementation may vary based on security levels;

enhanced law library and legal resources; and enhanced programming, including religious services and social programs and dedicated space for religious services.

In housing detainees, the Contractor is required to perform in accordance with the ICE Performance Based National Detention Standards (2011 PBNDS), American Correctional Association (ACA), Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care (NCCHC), Subpart A of the U.S. Department of Homeland Security (DHS) Regulation titled “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities,” 79 Fed. Reg. 13100 (Mar. 7, 2014), 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. If any requirements of the DHS PREA standards conflict with the terms of PBNDS 2011, the DHS PREA standards shall prevail. ICE inspectors or Government-contracted staff 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.

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 required 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 by the Contracting Officer. The Contractor shall be prepared to begin performance for full operational capacity and accept detainees immediately upon issuance of the NTP.

Detainees are classified as High (Level 3), Medium High (Level 2), Medium Low (Level 1.5) or Low Risk (Level 1). The male and female populations shall consist of all four levels. Upon discovery that a detainee may be a juvenile, the Contractor shall immediately notify the COR or ICE-designee and follow the instructions of the COR or ICE-designee.

Unless otherwise specified, all plans, policies, and procedures, including those identified in the ACA standards, shall be developed by the Contractor and submitted in writing to the COR for review and concurrence prior to issuance of the NTP. The Contractor’s operational and/or corporate policies that do not impact ICE operations (i.e. policies on employees sick days, vacation days, etc) do not have to be reviewed or approved by ICE. Once written concurrence has been granted by the COR, these plans, policies, and procedures shall not be modified without the prior written approval of the COR. The Contractor does not have a right of refusal and shall take all referrals from ICE. Further, the Contractor shall not add any non-ICE detainee population to the facility from any other entity without the expressed prior written approval of the CO and/or ICE-designee.

The Contractor agrees to accept and provide for the secure custody, care, and safekeeping of detainees in accordance with the State, and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility.

B.2 Armed Transportation Services:

a. The Contractor shall provide all such ground transportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the COR or designated ICE official, including the transportation of detainees to various appointments. There are routine routes that shall be accomplished daily and additional transportation requirements as requested by the COR or designated ICE official. When officers are not providing transportation services, the Contactor shall assign the employees to supplement security duties within the facility as directed by the COR or designated ICE official. However, the primary function of these officers is transportation. Duties as directed by the COR utilizing these officers shall not incur any additional expenses to the Government.

The Contractor shall assign, at a minimum, two person teams of transportation officers on a daily basis distributed throughout a 24 hour period 7 days a week including weekends and holidays.

The COR may determine on a case-by-case basis, per the ICE 2011 PBNDS on Transportation by Land (taking into account the distance traveled, the status of detainees transported, number of stops, etc.) that a two-person team is not necessary for some transportation routes. In all other cases, a minimum of two officers shall be assigned, as described above.

b. The Contractor shall furnish suitable vehicles in good condition, approved by the

Government and in-line with the 2011 PBNDS requirements, to safely provide the required transportation services per facility as listed below. The Contractor shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. The Contractor shall provide parking spaces for the required vehicles at the facility.

Nothing in this contract shall restrict the Contractor from acquiring additional vehicles as deemed necessary by the Contractor at no cost to the Government. The Contractor shall not allow employees to use their privately-owned vehicles to transport detainees.

The Contractor shall furnish vehicles equipped with interior security features in accordance with ICE 2011 PBNDS including physical separation of detainees from guards. The Contractor shall provide the interior security specification of the vehicles to ICE for review and approval prior to installation. Vehicles furnished by the Contractor shall be equipped with interior security features such as, but not limited to: door lock controls, window locks, a wire cage with acrylic panel between the driver seat and the rear passenger seats, and provide physical separation of detainees from Detention Officers.

The Contractor personnel provided for the above services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as those Contractor personnel provided in the other areas of this contract. Transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and meet the federal and Texas State Department of Licensing for Medical Certifications at http://www.txdps.state.tx.us/DriverLicense/medCertReq.htm.

All transportation Detention Officers shall be armed in the performance of these duties.

The Contractor shall supply and maintain restraining equipment, per the ICE 2011 PBNDS on Transportation. ICE personnel reserve the right to approve such restraining equipment, as well as the right to inspect such restraining equipment.

The Contractor shall comply with ICE transportation standards related to the number of hours the Contractor employee may operate a vehicle. Overnight lodging resulting from transportation services shall be approved in advance by the COR or designated ICE official. Transportation shall be accomplished in the most economical manner.

The Contractor shall, upon order of the COR, or upon his or her own decision in an urgent medical situation, transport a detainee to a hospital location. An officer, or officers, shall keep the detainee under constant supervision 24 hours per day until the detainee is ordered released from the hospital, or at the order of the COR. The Contractor shall then transport the detainee to the detention site.

The COR may direct the Contractor to transport detainees to unspecified, miscellaneous locations. As a part of the release process, upon the release of a detainee from the facility (e.g., release on bond, supervised release, or case termination), the Contractor, when requested by the COR or ICE-designated official, shall transport the released detainee to a local transportation area, such as a bus station or taxi stand.

When the COR provides documents to the Contractor concerning the detainee(s) to be transported and/or escorted, the Contractor shall deliver these documents only to the named authorized recipients or his or her designee. The Contractor shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient.

The Contractor shall establish a fully operational communication system compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the COR shall be provided with current status of all vehicles and post assignment employees.

Failure of the Contractor to comply fully with the detainee(s) departure as pre-scheduled may result in the Contractor having deductions made for non-performance.

ICE anticipates normal transportation requirements other than hospital visits and local needs consisting of the following.

• The facility should maintain the fleet and staffing to provide for the transportation requirement of at least 42,000 passengers per year for a total mileage requirement of at least 500,000.

• The contract facility must support transportation to and from locations in the following 58 counties in the Houston Area of Responsibility:

http://www.txdps.state.tx.us/DriverLicense/medCertReq.htm

1. Group A 2. Group B 3. Group C 4. Group D

5. Angelina 6. Brazoria Brooks Harris

7. Aransas Fort Bend Jim Wells

8. Austin Galveston Kenedy

9. Bee Jefferson Kleberg

10. Brazos Montgomery Nueces

11. Burleson Walker

12. Calhoun

13. Chambers

14. Colorado

15. Dewitt

16. Fayette

17. Goliad

18. Grimes

19. Hardin

20. Houston

21. Jackson

22. Jasper

23. Lavaca

24. Lee

25. Leon

26. Liberty

27. Live Oak

28. Madison

29. Matagorda

30. Milam

31. Nacogdoches

32. Newton

33. Orange

34. Polk

35. Refugio

36. Robertson

37. Sabine

38. San Augustine

39. San Jacinto

40. San Patricio

41. Shelby

42. Trinity

43. Tyler

44. Victoria

45. Waller

46. Washington

47. Wharton

• Transportation to/from locations in Group A, above, will be performed in pre-planned routes at least 3 times per week, Monday through Saturday, as needed and directed by ICE.

• Transportation to/from locations in Group B will be performed in pre-planned routes

Monday through Friday, as needed and directed by ICE.

• Transportation to the port of entry in Laredo, Texas, will be performed Monday through

Friday, as needed and directed by ICE.

• Transportation to/from locations in Group C will be performed Tuesday through Saturday, on return from the Laredo port-of-entry, as needed and directed by ICE.

• Transportation within Group D, Harris County, will be performed on all days as needed and directed by ICE.

• Planned transportation to and from Dallas, Texas; Harlingen, Texas; San Antonio, Texas;

Alexandria, Louisiana; and other locations will be performed as needed and directed by ICE.

• Emergency law-enforcement transportation services to locations in the counties listed above can be performed with one hour notice, as needed and directed by ICE.

• Transportation to hospitals and planned transportation outside medical providers will be performed as required by ICE or the facility medical provider.

• The facility will provide off-site guard services at hospitals, medical providers, and other locations directed by ICE or the facility medical provider.

• The facility will safeguard juvenile detainees at off-site locations as directed by ICE.

Juvenile safeguard services will be performed in compliance with the settlement agreement in Flores v. Reno.

* Every weekday means non-holiday work days; on occasion, a route may be required on a weekend day, thus excluding a route during a weekday.

B.3 On Call Guard Services:

a. The Contractor shall provide on call guard services as requested by the COR and shall include, but is not limited to, escorting and guarding detainees to medical or doctor’s appointments; hearings; ICE interviews; and any other remote location requested by the COR or designated ICE official. Qualified guard personnel employed by the Contractor under its policies, procedures, and practices will perform such services. The Contractor agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Upon the order of the COR or designated ICE official or in an emergency, the contractor shall provide an officer to safeguard the detainee (s) at a medical facility while undergoing medical examination or treatment as either inpatient or outpatient care. Such assignments may include but are not restricted to medical appointments of detainees.

The detainee shall be kept under constant supervision. Public contact is prohibited unless authorized in advance by the COR.

b. The…