Florence_Solicitation_SECTION_C-M_Released.pdf

HSCEDM-16-R-00001

SECTION C – DESCRIPTION/SPECIFICATIONS

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

PERFORMANCE WORK STATEMENT

Florence Detention Center (FDC) – Detention and Transportation Services

Department of Homeland Security (DHS)

U.S. Immigration and Customs Enforcement (ICE)

Enforcement and Removal Operations (ERO)

Phoenix Field Office (PHO)

HSCEDM-16-R-00001 Section C

The objective of this solicitation is to obtain services for all personnel, oversight, management, supervision, and vehicles necessary to provide detention, transportation and food services for the Florence Detention Center (FDC), located at 3250 N. Pinal Parkway Avenue, Florence, Arizona 85132-9459. The FDC is a Government Owned and Contractor Operated Facility (GOCO). ICE is anticipating an (8) year and six (6) months agreement. The agreement will consist of sixty (60) day transition, a ten (10) month base period and seven (7) one year options, followed by a six (6) months extension in accordance with FAR 52.217-8.

1. SUBSECTION 1 - BACKGROUND

C.1 BACKGROUND

U.S. Immigration and Customs Enforcement (ICE) is the largest investigative agency in the U.S. Department of Homeland Security (DHS). Formed in 2003 as part of the federal government's response to the 9/11 attacks, the primary mission of ICE is to protect national security, public safety and the integrity of the U.S. borders through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration.

Within ICE, Enforcement and Removal Operations (ERO) is the primary enforcement arm for the identification, apprehension, and removal of illegal aliens from the United States. The resources and expertise of ERO are used to identify and apprehend persons subject to removal under the Immigration and Nationality Act (INA), to manage them while in custody, to facilitate their immigration court proceedings, and to enforce orders of removal from the United States.

As part of this process, ERO maintains custody of one of the most highly transient and diverse populations of any correctional or detention system in the nation. These detainees are housed in over 250 authorized facilities nationwide including local facilities operating under Inter-Governmental Service Agreements (IGSAs), private Contract Detention Facilities (CDFs), and ICE owned Service Processing Centers (SPC). The FDC is a Service Processing Center.

C.2 CONTRACT OBJECTIVES – TOP LEVEL

A fully controlled, secure, safe and supervised facility for the detainees will be achieved, with no detainee escapes and no unauthorized entries.

2.1 The staffing of fully trained, knowledgeable and responsive detention officers (armed and unarmed) and support personnel, including managers, who have proper security clearances and efficiently carry out the law enforcement and administrative duties required by the contract, laws and regulations.

2.2 The timely acquiring and/or accomplishing of training, certifications, licenses, drug testing, uniforms, equipment, supplies and vehicles necessary to provide the full range of required detention and transportation services seven (7) days a week, twenty-four (24) hours per day throughout the contract period of performance.

C.3 SPECIFIC OBJECTIVES

3.1 Facility Security and Control: Each facility is fully guarded and controlled.

Access and egress points are fully secured to ensure that no escapes and unauthorized entries occur. Records and reports are maintained and submitted in a timely and accurate manner. Detainee inspections, counts, handling and supervision are carried out in a timely, courteous and, if applicable, force-appropriate manner. Contraband will be secured, controlled, inventoried and timely reported to the COR or designated ICE official, as prescribed under the applicable contract.

3.2 Health, Safety and Emergency: The facility shall be fully compliant with all applicable health and safety codes and standards. Detainee supervision shall be effective so as to minimize and quickly stop disturbances.

Medical services and responses to injuries and illness shall be prompt and provide the proper medical care and attention. Medical services at the facility are provided by the ICE Health Service Corps (IHSC); however, security contract staff must respond to all medical emergencies and provide basic first aid, CPR as needed.

3.3 Property, Equipment, Supplies and Information: Government-owned property, equipment, supplies and information shall be safeguarded, timely inventoried, and controlled, in accordance with applicable procedures. Firearm usage and storage at facilities shall be in accordance with ICE and state standards and licensing requirements. All valuables, whether Government-owned, contractor-owned, detainee-owned, or contraband, will be properly controlled, secured, managed and released or disposed.

3.4 Contractor Employee Training: The Contractor’s employees satisfactorily complete all required trainings on schedule and properly perform their duties during the course of the contract period of performance. The employees’ performance, reports, response to situations, and other duties are in accordance with the standards, procedures, and training that apply to the circumstances at hand.

C.4 PERFORMANCE MEASURES

The following measures are applicable to all Detention and Transportation contracts for detention services at ICE SPCs. Contract may include additional objectives and measures that are relevant and specific to the site for which services are being acquired.

4.1 All guard posts shall be fully staffed, and patrols and inspections shall be accomplished in accordance with the contract and applicable standards.

No escapes or unauthorized entries shall occur. Records and reports shall be maintained and submitted in a timely and accurate manner.

Detainee inspections, counts, handling and supervision shall be carried out in a timely, courteous and, if applicable, force-appropriate manner.

The contractor’s preventive actions, searches and detection processes shall ensure that all contraband is timely seized, controlled and reported to ICE officials. No loss or misplacement of contraband or other controlled items shall occur.

4.2 No health and safety code violations shall occur within the contract period of performance. Emergency safety plans must be complete, effective and in place. Detainee supervision shall minimize and stop disturbances within 1 to 3 minutes following occurrences. Appropriate responses to injuries and illness shall be provided and administered immediately in the cases of emergencies, and within one hour in cases of non-emergency situations.

4.3 Government-owned property, equipment, supplies and information shall be safeguarded, inventoried, and controlled, in accordance with applicable contract requirements and procedures. No loss of property by negligence or theft shall occur. Inventory reports of controlled property shall be submitted on time, and detainee property shall be accurately logged, secured and returned.

4.4 No accidents or violations of firearm usage shall occur and weapon storage at facilities shall be in accordance with ICE and state standards and licensing requirements. Firearm safety shall be exercised and no unauthorized use of firearms shall occur.

4.5 The Contractor’s employees shall satisfactorily complete all required training on schedule and properly perform their duties during the course of the contract period of performance. The employees’ performance, reports, response to situations, and other duties shall be in accordance with the standards, procedures, and training that apply to the circumstances at hand. No more than 10% of the contractor’s employees shall require remedial or repeat training per year due to poor or substandard performance.

C.5 PARTNERING PHILOSOPHY

A major intent of this acquisition is to create a “partnership” between ICE and the Contractor, with the Contractor’s goals and objectives in alignment with those of ICE.

Superior performance on the Contractor’s part will have both an indirect and direct effect on the accomplishment of ICE’s mission. The ICE/Contractor partnership will reflect the attributes of an open, collaborative, customer-oriented, and professional relationship. In addition to meeting the program objectives, the contractor is encouraged to:

5.1 Consistently take steps to understand ICE’s crucial national security mission, its business issues and opportunities, and its responsibilities under Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act;

5.2 Work collaboratively with other Federal, state and local law enforcement organizations, contractors, Government agencies, and business partners to ensure success; and

5.3 Performance measures and metrics shall be used extensively to monitor contractor performance. ICE and the Contractor will monitor progress using agreed-upon performance metrics.

C.6 CONSTRAINTS

The following constraints comprise the statutory, regulatory, policy and operational considerations that will impact the contractor. The contractor is expected to become familiar with all constraints affecting the work to be performed. These constraints may change over time; the contractor is expected to be knowledgeable of any changes to the constraints and perform in accordance with the most current and future versions of the constraints. Constraints include, but are not limited to:

6.1 Memoranda of Understanding /Agreement between ICE and individual law enforcement jurisdictions that may apply.

6.2 Department of Homeland Security Management Directive (HSMD) 11035 - Safeguarding Sensitive but Unclassified (For Official Use Only) Information.

6.3 Department of Homeland Security Management Directive (HSMD)

11050.2 - Personnel Security and Suitability Program.

6.4 Post Orders.

6.5 General Directives.

6.6 American Correctional Association (ACA) Standards for Adult Detention

Local Facilities (current and future editions) and the most recent copy of the supplement issued every two years. A copy is obtainable through the Internet website www.aca.org/store/bookstore/ for purchase.

6.7 ICE/DHS Officer’s Handbook (current and future editions, as issued).

6.8 A Guide to Proper Conduct and Relationships with Aliens and the General Public – http://onlineplus.uscis.dhs.gov/lpbinplus/lpext.dll/Infobase/ddm/ddm- 1/ddm-10477?f=templates&fn=document-frame.htm#ddm-appendix-32- 26-1

6.9 The most current version of the ICE/DHS Detention Standards – A copy is obtainable on the Internet website http://www.ice.gov/. In the search icon insert “ERO Detention Standards.”

6.10 All rules and regulations governing usage of firearms, public buildings and grounds.

6.11 All regulations provided to the Contractor through the COR.

6.12 Computer Security Act of 2002.

6.13 The Patriot Act of 2001.

6.14 The Illegal Immigration Reform and Immigrant Responsibility Act (II AIRA), P. L. 104-208.

6.15 Federal Acquisition Regulations (FAR) and Department of Homeland Security Acquisition Regulations (HSAR).

6.16 Applicable facility codes, rules, regulations and policies.

6.17 Applicable Federal, state and local labor laws and codes.

6.18 Applicable Federal, state and local firearm laws, regulations and codes.

6.19 Applicable Federal, state and local motor vehicle laws and regulations.

6.20 Alignment with external sources (e.g. state and local law enforcement organizations).

6.21 Pre-clearance approvals are required for access to ICE field staff, facilities and information.

http://onlineplus.uscis.dhs.gov/lpbinplus/lpext.dll/Infobase/ddm/ddm-1/ddm-10477?f=templates&fn=document-frame.htm#ddm-appendix-32-26-1 http://onlineplus.uscis.dhs.gov/lpbinplus/lpext.dll/Infobase/ddm/ddm-1/ddm-10477?f=templates&fn=document-frame.htm#ddm-appendix-32-26-1 http://onlineplus.uscis.dhs.gov/lpbinplus/lpext.dll/Infobase/ddm/ddm-1/ddm-10477?f=templates&fn=document-frame.htm#ddm-appendix-32-26-1

6.22 All applicable environmental requirements, including Executive Orders and

Management Directives.

6.23 DHS Non-Disclosure Agreement Requirements.

6.24 Organizational Conflict of Interest Provisions.

Current and future editions/versions of the documents listed above apply.

C.7 GENERAL

In housing detainees, the Contractor is required to perform in accordance with the current and future editions of the ICE Detention Standards, 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), and state and local laws on firearms for Arizona.

Some ACA standards are augmented by ICE policy and/or procedure. In cases where other standards conflict with DHS/ICE Policy or Standards, DHS/ICE Policy and Standards prevail. ICE Inspectors will conduct periodic and unscheduled inspections of the facilities to assure compliance of the aforementioned standards. In addition, the Contractor shall provide full and complete cooperation for any request or investigation conducted by the Government.

FDC operates at a maximum detained population of 392. Adjacent to the FDC is Florence Staging Facility (FSF) with a maximum detainee population of up to an additional 320 temporary detainees at any given time. For the purposes of this contract, the Government reserves the right to populate the facility utilizing a 10% increase of the operational capacity without additional cost to the Government.

Detainees are classified as High, Medium High, Medium Low, and Low Risk. The Contractor shall provide a minimum of one Detention Officer of the same gender as the detainees on each post. Contractor shall be responsible for detainee record keeping services and personal property in accordance with Sections 6.5, 6.6 and 6.18 of the Performance Work Statement (PWS). The Contractor shall create and update the records and the Government will store the records at the end of the contract. All records will remain the property of the U.S. Government.

The Contractor shall provide stationary detention services on demand by the Contracting Officer’s Representative (COR), Contracting Officer (CO), and/or an ICE-designated official and shall include, but will not be limited to, escorting and guarding detainees to medical or doctor’s appointments, court hearings, ICE interviews, transporting to designated detention facilities, and any other locations requested by the COR, CO, and/or an ICE-designated official. Such services will be performed by qualified detention officer personnel employed by the Contractor under its policies, procedures, and practices. 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.

The Contractor shall provide its own fully operational and well-maintained equipment and supplies that pertain to its own business enterprise. Business activities may include replacing equipment, vehicles, and manpower to ensure full service at the Florence Service Processing Center. Contractor vehicles used at the start of the contract and vehicle replacements or additions in the future must be in sound condition with no maintenance, operability or safety issues. Contractor vehicles must also be less than ten years old. Contractor vehicles used in performance of the contract shall be reviewed and approved by the COR or ICE designee. The COR may reject Contractor vehicles for maintenance, operability and/or safety concerns. In cases where Contractor vehicles are rejected by the COR for maintenance, operability and/or safety concerns, the Contractor shall provide replacement vehicles conforming to contract requirements within 24 hours.

Parking at the facility is limited. No parking is available for Contractor staff. The Contractor shall provide parking accommodations for its employees/subcontractors according to its needs for the duration of the period of performance. ICE shall not be responsible for providing parking spaces or parking subsidies for Contractor or subcontractor staff.

C.8 NOTIFICATION AND PUBLIC DISCLOSURES

There shall be no public disclosures regarding this contract made 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 and/or confidential.

C.9 EXPLANATION OF TERMS

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

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 enroute to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel, and those requiring separation for medical reasons.

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

Adult Local Detention Facility (ALDF) - A facility which detains persons over the age of 18.

Air Operations Unit (AOU) - Provides aviation support, both domestically and internationally, to the 24 ERO Field Offices that are strategically located throughout the United States. ICE Air Operations’ goal is to transport aliens ordered removed from the United States to staging sites, to include the Arizona Removal Operations Coordination Center (AROCC) in Mesa, Arizona, in order to complete flights to aliens’ countries of origin. - The AOU, located in Mesa, Arizona, is the principal mass air transportation and deportation coordinating entity within ERO. It manages Government and contract flights to the southern tier of the United States, Caribbean, and northern South America and orchestrates ERO flight standardization and safety. It works in coordination with Justice Prisoner and Alien Transportation System.

Alien - Any person who is not a citizen or native of the United States.

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.

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

Bed-Day - The total billable cost to the Government to maintain and house one detainee for one day. Bed-day means day in or day out and all days in between. The Contractor may charge for day of arrival or day of departure, but not both.

Bed-Day Rate - The rate charged for each individual detainee per day. Bed-day rate is an all-inclusive burdened rate to include all costs inclusive of direct costs, indirect costs, overhead and profit necessary to provide the detention and food service requirements described in the PWS.

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

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, necessary laundering, and storage of the detainees accompanying personal property.

Bureau of Prisons (BOP) - The United States 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.

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

Contact Visitation - Visitation that permits detainees to have limited physical contact with visitors.

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 “zip gun,” 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.

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

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 administrating the contract.

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

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

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.

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

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

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).

Designated Service Official - An employee of U.S. Immigration and Customs Enforcement designated in writing by ICE Officer-In-Charge (OIC) to represent ICE on matters pertaining to the operation of the facility.

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily U.S. Immigration and Customs Enforcement (ICE). Many detainees have substantial and varied criminal histories. ICE reserves the right to place detainees in the Contractor’s detention site who are confined under the auspices and the authority of ICE or any other federal agency.

Detainee Day - is day in or day out and all days in between. The contractor may charge for the day of arrival or day of departure but not both.

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.

Detainee Records - Information concerning the individual’s personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to:

Detainee, Personal Property

Receipts, Visitors List, Photographs

Fingerprints, Disciplinary Infractions, segregation records

Actions Taken, Grievance Reports, Medical

Records, Work Assignments, Program Participation

Miscellaneous Correspondence, etc.

1.

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 the United States illegally.

Detainee Personal Property – Refers to personal property belonging to a detainee.

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.

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.

Disciplinary Segregation - A unit housing detainees who commit serious rule violations.

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

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

Employee - Refers to a person employed by the Contractor.

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

Executive Office for Immigration Review (EOIR) - An agency of the Department of Justice.

Facility - The physical plant and grounds in which the Contractor’s services are operated.

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.

Federal Bureau of Investigation (FBI) - An agency of the Department of Justice.

Federal Bureau of Prisons (BOP) - An agency of Department of Justice.

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.

Government - Refers to the United States Government.

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

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

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

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

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.

ICE Health Service Corps (IHSC) - Oversees medical care and public health services to detained aliens in the custody of ICE. IHSC serves as the medical authority for ICE on a wide range of medical issues, including the agency’s comprehensive detainee health care program. IHSC has a multi-sector, multidisciplinary workforce of more than 900 employees, including U.S. Public Health Service commissioned officers, federal civil servants, and contract support staff.

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.

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

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

Incident Report - A written document reporting an event (e.g., minor disturbances, officer misconduct, any detainee rule infraction).

Justice Prisoner and Alien Transportation System (JPATS) - Department of Justice’s prisoner transportation system operated by the United States Marshal Service (USMS), sometimes referred to as the “airlift.”

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

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 and inspections.

Man Hour - Man-hour means productive hours when the required services are performed. Only productive hours can be billed and invoiced.

Medical Records - Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse or the United States Public Health Service . 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.

Medical Housing Unit (MHU) - The space set aside within the facility for medical observation or isolation.

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

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.

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.

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.

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

On-Call Post/Remote Custody Officer Post - These posts shall be operated on demand by the COR and shall include, but are not limited to, escorting and custody of detainees for hearings, ICE interviews, medical watches, and any other location requested by the COR.

Pat Down Search - A quick patting of the detainee’s outer clothing to determine the presence of contraband.

Performance Requirement Summary (PRS) - The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE Performance Based National Detention Standards (PBNDS).

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 – Written orders that specify the duties of each position, hour-by-hour, and the procedures that the Post Officer will follow in carrying out those duties.

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.

Productive Hours - These are hours when the required services are performed and can be billed.

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).

Public Health Service (PHS) - An agency of the United States Department of Health and Human Services.

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.

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

Quality Assurance Surveillance 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. 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. The QASP is used to calculate invoice withholdings and/or deductions.

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.

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.

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

Sally Port - 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 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, and stretchers.

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.

Security Perimeter - The outer portions of a facility, which actually provide for secure confinement of detainees.

Security Risk Level - High, Medium-high, Medium-low, Low

Low Custody

Detainees who score 2 or fewer points on the ICE Custody Classification Worksheet and have no history of assaultive or combative behavior, May not be housed with medium-high or high Custody Detainees. May not include: detainees with a felony conviction that included an act of physical violence or with an aggravated felony conviction. May include detainees with minor criminal records and non-violent felonies.

Medium-low Custody

Any detainee who scores 3-5 on the ICE Custody Classification Worksheet and has no history of assaultive or combative behavior. May not include any detainee whose most recent conviction was for any offense listed under the "HIGHEST" section of the severity of offense guideline. May not include any detainee with a pattern or history of violent assaults. A pattern is considered established for purposes of this guideline when an arrest record reveals two or more arrests in a five-year period for assault where force was used against another person with the intent to commit bodily injury. May not include any detainee convicted for assault on a correctional agent while in custody or where a previous institutional record suggests a pattern of assaults while in custody. May not include any detainee displaying any membership or affiliation to a Security threat group.

Medium-low custody detainees may be housed with low custody detainees.

Medium-low custody detainees may be housed with medium-high custody detainees.

Medium-high Custody

Any detainee who scores 6-11 on the ICE Custody Classification Worksheet and has no history of assaultive or combative behavior OR any detainee who scores 0-6 on the ICE Custody Classification Worksheet and has an arrest or conviction for a violent offense.

May not include any detainee whose most recent conviction was for any offense listed under the "HIGHEST" section of the severity of offense guideline. May include any detainee with a pattern or history of violent assaults, whether convicted or not. A pattern is considered established for purposes of this guideline when an arrest record reveals two or more arrests in a five-year period for assault where force was used against another person with the intent to commit bodily injury. May include any detainee convicted for assault on a correctional agent while in custody or where a previous institutional record suggests a pattern of assaults while in custody. May not include any detainee displaying any membership or affiliation to a Security threat group. Medium-high custody detainees may be housed with medium-low custody detainees.

High Custody

Any detainee who scores 12 or more on the ICE Custody Classification Worksheet, and has no history of assaultive or combative behavior OR any detainee who scores 7 or more on the ICE Custody Classification Worksheet and has an arrest or conviction for a violent offense. May include those detainees reclassified from low and medium-low due to institutional incidents or changes in classification information. May be reclassified to medium-high only based on institutional behavior (detainee must be in custody for a minimum of 60 days before reclassification). High custody detainees may be housed with medium-high custody detainees.

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).

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

Standards for Health Services In Jails - Publication of the National Commission on Correctional Health Care (NCCHC) (latest edition).

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 for Contractor and all Contractor Employees to determine suitability to work on a Government contract.

Tour of Duty - No more than 12 hours in any 24-hour period with a minimum of eight

(8) hours off between shifts, except as directed by state or local law.

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. All trainers and employees shall be certified and shall be approved by the COR or ICE designee.

Transportation Service Cost - Is an all-inclusive or burdened rate. Cost includes but is not limited to labor, overtime outside of standard working hours, 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, AOU/airports, and transporting in-between detention facilities (counties, state and federal).

Travel Cost - Cost inclusive of lodging and meals and incidental expenses (MI&E) for Detention 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.

United States Marshals Service (USMS) - An agency of the Department of Justice.

United States Public Health Service (USPHS) - An agency of the U.S. Department of Health and Human Services working in conjunction with ICE to provide health services for detainees through its ICE Health Service Corps.

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

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

C.10 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 (CO) 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. The CO shall make all modifications in writing.

2. SUBSECTION 2 - GENERAL ADMINISTRATION, ORGANIZATION, AND

MANAGEMENT

The Contractor shall provide a safe and secure environment for staff and detainees through effective building and grounds security. The Contractor shall continuously monitor programs, seek ways to reduce and control violence in the facilities, respond effectively 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.

C.11 QUALITY CONTROL PLAN (QCP)

The Contractor shall provide an overall Quality Control Plan (QCP) that addresses critical operational performance standards for the services required under this 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. The Contractor shall notify the Government 48 hours in advance of the audit to ensure the Contracting Officer’s Representative (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 Contracting Officer (CO). The CO may modify the contract to include these changes.

C.11.1 EMERGENCY ACTION PLAN (EAP)

The Contractor shall develop an Emergency Action Plan (EAP) that complies with ICE PBNDS 2011. The plan shall be approved by the COR prior to implementation. The EAP shall not be modified without the written consent of the COR. The EAP shall address the contingency plans for the continuation of all services provided under this contract. This plan shall be in accordance with local ICE emergency evacuation plans.

C.12 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The ICE Quality Assurance Surveillance Plan (QASP) specifies 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.

The purpose of the QASP is to: (1) Define the roles and responsibilities of participating Government officials, (2) Describe the evaluation methods that will be employed by the Government in assessing the Contractor’s performance, and (3) Describe the process of performance documentation.

Roles and responsibilities of Participating Government Officials:

12.1 The COR(s) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the Contractor on a day-to-day basis. The COR(s) will have primary responsibility for completing “Quality

Assurance Surveillance Forms” to document their inspection and evaluation of the Contractor’s work performance.

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

C.13 CONTRACTOR’S EMPLOYEE MANUAL

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

1. Organization

2. Recruiting procedures

3. Opportunities for Equal Employment

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

5. Screening employees for illegal drug use

6. Holidays, leave, and work hours

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

8. Training

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

10. Resignation and termination

11. Employee-management relations

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

The Contractor must provide a copy of the Employee Manual to the Contractor’s employees at the facility before Entry on Duty (EOD). Upon request by the COR, the Contractor shall document to the Government that all employees have reviewed a copy of the manual.

C.14 ICE OPERATIONS MANUAL

The Contractor shall maintain the site specific ICE Operations Manual that contains ICE written policy, plans, and procedures. The Contractor shall make the manual available to all employees. Every employee shall certify in writing that he or she has read, fully understands, and agrees to comply with the procedures outlined in the manual. The Contractor shall maintain these certifications and furnish them to the COR if requested.

C.15 FACILITY STAFFING PLAN AND KEY PERSONNEL

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

Each month, the Contractor shall submit to the COR the current…