HSCEDM-17-R-00002_Attachment_4_-_PWS.pdf

ATTACHMENT 4 – PERFORMANCE WORK STATEMENT (PWS)

U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS (ERO)

SAN ANTONIO FIELD OFFICE (SNA)

TRANSPORTATION SERVICES

PERFORMANCE WORK STATEMENT

HSCEDM-17-R-00002 Attachment 4 - PWS

TABLE OF CONTENTS

SUBSECTION 1 – INTRODUCTION

1.1 OBJECTIVE 4

1.2 BACKGROUND 4

1.3 MISSION 4

1.4 PERFORMANCE WORK STATEMENT 4

1.5 TRANSITION-IN 5

1.6 DETENTION/TRANSPORT OFFICER PERFORMANCE 5

1.7 TRANSPORTATION 6

1.8 OPERATING THE CONTRACTOR OWNED OR GOVERNMENT OWNED VEHICLE 7

1.9 PRE-DEPARTURE AND SECURITY CHECK FOR CONTRACTOR OWNED OR

GOVERNMENT OWNED VEHICLES 8

1.10 REQUIRED DOCUMENTS 9

1.11 DEPARTURE SCHEDULING AND SECURITY 10

1.12 TRANSFER OF FUNDS, VALUABLES, AND PERSONAL PROPERTY 10

1.13 LOADING A CONTRACTOR OWNED OR GOVERNMENT OWNED VEHICLE 11

1.14 RESPONSIBILITIES EN ROUTE 12

1.15 MEALS 12

1.16 VEHICLE COMMUNICATION 13

1.17 CONTRACTOR OWNED OR GOVERNMENT OWNED VEHICLE SANITATION 13

1.18 USE OF RESTRAINTS 13

1.19 EMERGENCY SITUATIONS 13

1.20 TRANSPORTATION OF FEMALES, TRANSGENDER, AND MINORS 16

1.21 CONTRACTOR OWNED VEHICLE MAINTENANCE 17

1.22 GOVERNMENT FURNISHED VEHICLES 17

1.23 RULES AND REGULATIONS 18

1.24 CONFLICTS OF LAWS OR STANDARDS 19

1.25 DEFINITIONS 19

SUBSECTION 2 - GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

2.1 STAFFING PLAN AND KEY PERSONNEL 24

2.2 MEETINGS 25

2.3 MONTHLY STATUS REPORT 26

2.4 TRANSITION-OUT 26

SUBSECTION 3 - PERSONNEL

3.1 EMPLOYEE CONDUCT 27

3.2 PERSONNEL QUALIFICATION STANDARDS 28

3.3 HEALTH REQUIREMENTS 28

3.4 REMOVAL FROM DUTY 28

3.5 TOUR OF DUTY RESTRICTIONS 29

3.6 DUAL POSITIONS 30

3.7 PERSONNEL RECORDS 30

3.8 UNIFORMS 31

3.9 IDENTIFICATION CREDENTIALS: 31

3.10 PERMITS AND LICENSES 32

3.11JUSTIFICATIONS 32

3.12 ENCROACHMENT 32

3.13 WORK REQUIREMENTS 33

3.14 STARTING AND STOPPING WORK 33

3.15 RECORD PRESENCE 33

3.16 CONTRACT RELIEF 33

SUBSECTION 4 - TRAINING

4.0 TRAINING 34

4.1 GENERAL TRAINING REQUIREMENTS 34

4.2 ON THE JOB TRAINING 34

4.3 REFRESHER TRAINING 34

4.4 SUPERVISORY TRAINING 34

4.5 PRISON RAPE ELIMINATION ACT (PREA) 35

4.6 PROFICIENCY TESTING 35

4.7 CERTIFIED INSTRUCTORS: 36

4.8 TRAINING DOCUMENTATION: 36

4.9 FIREARMS REQUIREMENTS: 36

SUBSECTION 5 - POST SECURITY AND CONTROL

5.0 GENERAL SECURITY AND CONTROL 38

5.1 RECORDS AND REPORTS 38

5.2 ESCAPES 38

SUBSECTION 6 - HEALTH, SAFETY AND EMERGENCY STANDARDS

6.0 DISTURBANCES AND SAFETY: 40

6.1 SEXUAL ABUSE PREVENTION AND REPORTING 40

6.2 INJURY, ILLNESS, AND REPORTS 41

6.3 PROTECTION OF EMPLOYEES 41

6.4 EMERGENCY MEDICAL EVACUATION 41

6.5 DETAINEE DEATH OR INJURY 41

SUBSECTION 7 - FACILITY, EQUIPMENT, AND SUPPLIES

7.1 CONTRACTOR’S ADMINISTRATIVE OFFICE, EQUIPMENT, MATERIALS AND SUPPLIES

FURNISHED BY THE CONTRACTOR 42

SUBSECTION 1 - INTRODUCTION

1.1 OBJECTIVE

The objective of this contract is for the provision, operation and management of the transportation and protection of detainees for the U.S. Immigration and Customs Enforcement (ICE) San Antonio (SNA) Field Office mission. Services will be primarily, but not exclusively, needed at locations within the San Antonio Field Office Area of Responsibility (Attachment 5 – Texas Counties – ERO and Attachment 6 – SNA Ground Transportation Address List for Routine Routes). As necessary, transportation services will be required to locations outside the San Antonio Field Office Area of Responsibility (AOR) and, in some cases, to locations in bordering states.

This performance Work Statement (PWS) describes a performance-based work environment in terms of “what” the required detention/transportation service outputs are, rather than “how” to perform the work. This PWS also attempts to create a Government-Contractor relationship that promotes achievement of mutually beneficial goals and promotes a partnership environment.

The Contractor is encouraged to strive for constant improvement and innovation in the performance of this contract as long as the performance objectives are being achieved at the desired levels of performance. ICE will monitor the Contractor using a Quality Assurance Surveillance Plan (QASP). The ultimate goal of this PWS is for the Contractor to establish a quality customer-focused multifunctional team meeting the needs of ICE.

1.2 BACKGROUND

ICE is responsible for the detention, health, welfare, transportation and deportation of immigrants in removal proceedings and immigrants subject to final order of removal. The intent of this contract is to identify Detention/Transportation Officer tasking as appropriate for managing this activity. This work involves the management, transportation, and the escort of immigrants in a secure manner. This contract will provide detention/transportation services primarily for the San Antonio Field Office.

1.3 MISSION

The mission of Enforcement and Removal Operations (ERO) is the planning, management, and direction of a broad program relating to supervision, detention and deportation of immigrants who are in the United States illegally. These activities are chiefly concerned with enforcement of departure from the United States of immigrants who have entered illegally or have become removable after admission. In implementing its mission, ERO is responsible for carrying out all orders for the required departure of immigrants handed down in removal proceedings, or prior thereto, and arranging for detention of immigrants when such becomes necessary.

1.4 PERFORMANCE WORK STATEMENT

The Contractor shall provide all transportation services required to transport detainees securely to locations as directed by the COR or designated ICE official in accordance with the

Performance Based National Detention Standards (PBNDS) 2011, ICE Family Residential Standards, and all applicable Federal, State, and local laws and regulations. During all transportation activities, at least one officer must be the same sex as the detainee. If a same-sex officer is not available, the transportation mission must be approved by the COR or ICE designated official prior to the service being performed. All officers must be armed and meet applicable firearm Federal, State, and local laws. The State of operations is primarily Texas, but on rare occasions, transportation services will be required to adjoining states. During these rare requirements of transportation to adjoining states, the Transportation Officers performing the task must meet applicable firearm State and local laws of the adjoining state.

The Contractor shall provide vehicles to safely provide the required transportation services and shall comply with all federal, state, and local laws with regard to inspections, licensing, and registration for all vehicles used for transportation. The Contractor shall also provide the capability to perform transportation services using Government furnished vehicles. The Contractor shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles, post assignments, and ICE officials. The Contractor shall review specific individual requests required and create a disparate plan to achieve successful results. The Contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the Government related to this contract.

1.5 TRANSITION-IN PLANS

The Offeror shall develop and implement a Transition-In Plan to transition from the current contract to this SNA Transportation Service Contract within 60 days of contract award. The Contractor shall develop and implement a Transition-In Plan for Transportation Services using Contractor owned vehicles as well as a Transition-In Plan for Transportation Services using Government furnished vehicles. For both plans, the transition will be transparent and seamless to the customers and detainees with no degradation or breaks in service availability while maintaining existing security, service quality, contract support, performance levels, and an orderly transition of assets. In addition, the transition will be completed within 60 days from contract effective date and the Contractor will coordinate and integrate the SNA Transportation Service Contract transition-in tasks with the current Contractor’s transition-out tasks. Transition activities for transportation services includes all services currently being performed by the incumbent Contractor under the existing contract including (but not limited to); transportation, escort services, providing of sack lunches, and monthly reports.

1.6 DETENTION/TRANSPORT OFFICER PERFORMANCE

1.6.1 Contractor Detention/Transport Officers shall:

1.6.1.1 Escort and maintain custody of the detainee(s) under order of the Contracting Officer’s Representative (COR).

1.6.1.2 Unless unforeseen circumstances arise, prevent public contact or keep to a minimum.

1.6.1.3 Transport the detainee to and from a location(s) as identified by the COR or Designated ICE Official

1.6.1.4 Provide security for detainees admitted for medical care at local hospitals around the clock until relieved.

1.6.2 Anticipated Transport Routes:

The transport of detainees to and from various destinations by the Contractor shall be performed by the most economical and direct means, using traditional highways while being cognizant of local traffic conditions. Billable mileage begins at the detainee pick-up location and ends at the detainee drop-off point. Mileage to and from vendor’s depot will not be invoiced.

1.6.3 SNA Field Office Origination/Destination Locations

Individual detainee transportation requirements vary and are contingent upon detainee population and exigencies of ERO. The Contractor shall be prepared to make adjustments for individual detainee evolving requirements and emerging transportation requirements as they arise and as specified by the COR. The routes, locations, and addresses identified in Attachment 2 are for informational purposes only and by no means limit the transportation requirements the Government may request.

1.7 TRANSPORTATION

It is the expectation of the Government that it will require transportation services utilizing Contractor owned vehicles. However, due to the uncertainty of ICE’s future budget constraints, the Contractor shall provide a flexible transportation solution for the SNA and propose transportation services that include Contractor owned vehicles, and transportation services that include Government furnished vehicles.

1.7.1 Transportation Services:

1.7.1.1 The Contractor shall propose at least two-person teams of armed officers per vehicle for any route, to securely transport immigrant detainees 24 hours a day, 7 days a week, including holidays as specified by the Government on the Transportation Service Requests (Form G-391- ICE Contractor Official Transportation Order). Transportation services will be available at the requested locations within 2 hours of notification by the Government to the Contractor.

1.7.1.2 An electronic chronological summons log shall be created and maintained for each vehicle that will be used for this contract. Parking summonses incurred are the responsibility of the Contractor and shall be paid in a timely manner. While performing transportation services for this contract, vehicles shall be parked in such a manner as to abide by local laws and minimize issuance of summons or of towing or booting. A chronological summons log will be maintained by the designated program manager indicating disposition. The chronological summons log will be made available to the Government upon request.

1.7.1.3 Contractor shall provide and maintain a secure Schedule/Dispatch/Tracking and Reporting System accessible by multiple Government users simultaneously with the ability to acknowledge receipt of the initial electronic Government Transportation Service Requests (G-391s), display all scheduled routes in real time, track and provide the ICE designated officials real time status of ongoing missions, provide instant verification for completed performance, and create monthly reports of all routes, and also provide all electronic G-391 along with the monthly report. At a minimum, the Schedule/Dispatch/Tracking and Reporting System must be able to be accessible to 30 Government users at any given time. All Government users shall have the ability to query all the data in the G-391 forms. Any deviations from the G-391 Transportation Request (noted by the Contractor or the Government) will immediately generate an alert to all concerned parties and the COR with the nature of the issue and anticipated resolution. All deviations and discrepancies for the month will be consolidated in the Contractor’s monthly report and submitted to the COR. All deviations will be reviewed by the Government, and a determination will be made whether any deviations were caused by the Government or caused by the Contractor.

Upon conclusion of the task, the G-391 form must then be submitted to the ICE-designated official. The secure Schedule/Dispatch/Tracking and Reporting System must be considered a commercial item in accordance to FAR 2.101.

1.7.2 Stationary or Escort Guard Services

The Contractor shall provide on demand, armed stationary detention services by request of the COR, Contracting Officer (CO), or an ICE-designated official 24 hours a day, 7 days per week, including holidays as specified by the Government on the Transportation Service Request (Form G-391-ICE Contractor Official Transportation Order). Stationary or Escort guard services will be available at the requested locations within 2 hours of notification by the Government to the Contractor. These services shall include, but might not be limited to, escorting and guarding detainees for emergency medical services, to medical or doctor’s appointments, immigration and criminal court hearings, ICE interviews, and any other location requested by the COR, CO, and/or ICE-designated official. Such services shall 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. Contracted stationary or escort guards shall be posted in areas that provide constant visual and auditory surveillance of detainees and provide Detention/Transportation Officers with the capability to respond promptly to emergency situations. Public contact needs to be prevented or be kept to a minimum, unless authorized in advance by the COR or an ICE-designated official.

1.8 OPERATING THE CONTRACTOR OWNED OR GOVERNMENT OWNED

VEHICLE

1.8.1 For vehicles with a capacity of more than 15 passengers (including the driver,), the driver shall operate the vehicle in accordance with the Commercial Drivers’ License (CDL) manual or the highest prevailing standard and must maintain complete control of the vehicle at all times, obeying all posted traffic signs (including speed limits) and exercising extreme caution, reduced speed, and common sense when negotiating a steep grade or driving in inclement weather or hazardous road conditions. In order to support the Federal Government’s initiative to reduce pollution, support renewable energy, and operate more efficiently, ICE encourages the use of fuel efficient vehicles and operations that provide a measurable reduction in carbon emissions.

1.8.2 The transporting officers shall comply with all local, State and Federal motor vehicle regulations (including DOT, Interstate Commerce Commission, and Environmental Protection Agency), including, but not limited to:

1.8.2.1 Wearing a seat belt when the vehicle is moving;

1.8.2.2 Holding a valid CDL;

1.8.2.3 Inspecting the vehicle, using a Government approved checklist and noting any defect that could render the vehicle unsafe or inoperable;

1.8.2.4 Transporting detainees in a safe and humane manner;

1.8.2.5 Verifying individual identities and checking documentation when transferring or receiving detainees;

1.8.2.6 Driving defensively, taking care to protect the vehicle and occupants; and immediately reporting damage or accidents;

1.8.2.7 Driving under the influence of drugs or alcohol is prohibited.

1.8.2.8 Alcohol may NOT be consumed eight (8) hours immediately before any shift;

1.8.2.9 Maximum driving time (time on the road) is governed by USDOT;

1.8.2.10 In an emergency or under unforeseen and adverse driving conditions only, the vehicle crew may drive as long as necessary to reach a safe and secure stopping area.

1.9 PRE-DEPARTURE AND SECURITY CHECK FOR CONTRACTOR OWNED OR

GOVERNMENT OWNED VEHICLE

1.8.1 Prior to departure, all transportation officers assigned to transport detainees must be present to ensure a complete and thorough inspection and search and shall:

1.9.1.1 Inspect the vehicle for mechanical and electrical problems;

1.9.1.2 Test the emergency exits and test the capability to open every lock located in or on the vehicle. A complete set of these keys shall travel with the vehicle at all times, in a secure place known to every transporting officer;

1.9.1.3 Search for hidden weapons and other contraband before every trip, including the driver's compartment and glove compartment, the detainee seating area, and the cargo compartment;

1.9.1.4 Take any necessary special precautionary measures for a detainee identified as a special-handling case (security, medical, or psychological problems, etc.)

The requesting OIC will designate a special handling case;

1.9.1.5 Search the staging area prior to loading detainees to ensure the area is clear of any weapons or contraband; and

1.9.1.6 Execute without negligence or omission, a search of each detainee as he or she is about to board the vehicle.

1.10 REQUIRED DOCUMENTS

1.9.1 No detainee may be removed from any facility, including field office detention areas, unless a Form G-391 is furnished by an ICE official, authorizing the removal.

In the Service Processing Centers, (SPCs), and Contract Detention Facility, (CDFs), it is the responsibility of the Supervisory Immigration Enforcement Agent, (SIEA), or authorized designee to check records and ascertain if the detainee has a criminal history, is dangerous, or has an escape record. Any information of an adverse nature shall be clearly indicated on the G-391 and the escorting officers shall be warned to institute the necessary precautions.

Before beginning the detail, the escorting and transportation officers shall read their instructions and clearly understand the purpose for which the detainee is being taken from the facility. The officers shall also discuss emergency and alternate plans with the SIEA or authorized designee beforehand. The SIEA must approve these plans prior to departure.

1.10.2 Documents That Accompany Detainee

PBNDS 2011explains the files and documents that must be prepared and organized in preparation for a detainee’s transfer. Prior to departure, ERO staff of the sending facility is required to complete a Detainee Transfer Checklist (a copy can be found at https://www.ice.gov/doclib/detention-standards/2011/detainee_transfers.pdf) ) to ensure all procedures are completed and place a copy in the detainee’s A-file or work folder.

The Detention Standard on Transfers of Detainees also requires that, when a detainee is transferred within the Detainee Immigration Health Service (DIHS) system, the Government will provide a Transfer Summary (that includes medical documentation), and the detainee’s official health records, to accompany the detainee. The official health records are to be placed in a sealed envelope or other container labeled with the detainee's name and the number assigned to the detained (called an A-number), and marked "CONFIDENTIAL MEDICAL RECORDS." When a detainee is transferred to an IGSA or ICE detention facility, only the Transfer Summary is to accompany the detainee.

The Contractor may not transport a detainee without the required Transfer Summary – which is essential for detainee safety while in transit – and is responsible for delivering the Transfer Summary and other medical materials to appropriate medical personnel at the receiving facility.

1.10.3 To ensure that the receiving facility also receives the detainee’s files and other required documentation:

• Contracted transportation officers may not accept a detainee without the https://www.ice.gov/doclib/detention-standards/2011/detainee_transfers.pdf required documents that are to be provided by ICE officials prior to departure, unless the COR approves this before the transport.

• The receiving facility may refuse to accept a detainee without the required documents that are to be provided by ICE officials prior to departure.

1.11 DEPARTURE SCHEDULING AND SECURITY

The Contracted personnel assigned shall organize their driving time so the detainees arrive at the designated meeting area prior to their scheduled engagement. Before transferring detainees from one facility to another, a designated officer shall inform the receiving office:

1.11.1 The estimated time of departure and arrival (ETD/ETA);

1.11.2 The number of detainees in each of the following categories: new arrivals (remaining at the facility); drop-offs; and overnighters;

1.11.3 The total number of detainees on this trip (if multiple vehicles, how many detainees per vehicle);

1.11.4 Any special-handling cases, with details about the special requirements such as medications, restraints, etc.; and

1.11.5 Notification of any actual or estimated delays in departure, and the accordingly revised ETA(s).

1.12 TRANSFER OF FUNDS, VALUABLES, AND PERSONAL PROPERTY

In accordance with PBNDS 2011 on Admission and Release and Funds and Personal Property, ICE will inspect and inventory the personal property of detainees transferring from one facility to another. In addition, at the originating facility:

1.12.1 Transport staff shall ask each detainee whether he or she has in his or her possession all funds, valuables, and other personal property listed on the property inventory form.

• If a detainee answers “yes,” he or she may board the vehicle.

• If a detainee claims missing funds, valuables or personal property, the detainee shall remain at the facility until completion of the required paperwork.

Photocopies of the completed forms are sufficient documentation for the transfer to proceed.

• The Contractor will provide assistance preparing detainees coming into ERO custody from any facility that is not operated by ICE; i.e., Border Patrol, Customs and Border Protection, Local Agencies, etc. This assistance includes, but is not limited to: valuable property accountability, bagging and tagging detainee property, maintaining accountability for the property, and transporting property in accordance with PBNDS 2011 and established procedures.

1.12.2 Staff from original facility shall include on each Form I-216 – Record of Persons and Property Transferred, in the "checked baggage" section, the I-77 numbers found on the Property form, to be verified by receiving facility staff.

1.12.3 The lead driver shall check the manifest against the number of packages by detainee name and A- number before signing the I-216 or placing the baggage on the vehicle.

1.13 LOADING A CONTRACTOR OWNED OR GOVERNMENT OWNED

VEHICLE

1.13.1 Security and Occupancy: Armed officers shall be posted whenever detainees enter or exit a vehicle outside a secure area.

1.13.2 The detainees will be made aware of the rules of conduct during the trip. The detainees will be properly managed from the staging area into the vehicle. The number of available officers shall determine whether they move at one time or in groups.

1.13.3 Items Detainees May Keep in Their Possession: Ordinarily, detainees in transport may keep the following in their possession: jewelry, cash, eyeglasses, prescription medicines, and receipts for property and money. However, if the transporting officers determine that any of these items would compromise officer or detainee safety, the items shall be removed from the detainee’s possession and placed in an appropriate storage area. If annotated in the detainee’s medical record, in some instances, the vehicle crew shall safeguard prescription medication, and when dosage is required by the detainee, the vehicle crew may retrieve the prescription medication and provide the detainee the opportunity to take the medication., noting the detainee’s name, A-number, and date and time(s) dispensed, and by whom. These notes shall be attached to the detainee’s medical record or A-file.

1.13.4 Count, Identification, and Seating: To confirm the identities of the detainees they are transporting, the vehicle crew shall count, identify, and seat detainees in accordance with written procedures in the PWS.

• Extra attention is to be paid to detainees with physical or mental health conditions, or who may need to be afforded closer observation for their own safety.

• To ensure that disabled detainees are transported safely and securely, transportation officers shall make reasonable accommodations for them, in so far as is practicable.

• Detainees in restraints (whose documents or behaviour in transit indicate a security risk) and be kept under closer observation. A logged record must be maintained of the detainee’s name, reason for using restraints, type of restraints, and times restraints were applied and removed. This record must be accessible to the Government upon request.

• A physical man-count that accounts for every individual in the supervision of the Contractor must be completed once all passengers are seated on board, and every time before resuming the trip after the vehicle makes a scheduled or unscheduled stop.

1.14 RESPONSIBILITIES EN ROUTE

1.14.1 Point of Contact: The destination receiving office on the vehicle route serves as the contact point and is responsible for monitoring the vehicle's schedule. Upon making contact with an arriving vehicle, the receiving officers shall certify that they are taking custody of the specified detainees by signing the accompanying Form I-216.

1.14.2 Safety and Security: For safety purposes, all personnel shall remain seated while the vehicle is in motion. Transportation vehicle cage doors from the vehicles cages shall remain locked whenever detainees are on board, and oversight must be at its max capacity during transport. The Contractor must remain alert at all times for behavior that could jeopardize safety and security.

1.14.3 Detainees shall not have access to any personal baggage or packages while in transit (except as specified in Items Detainees May Keep in Their Possession earlier in this document). Every Transportation Officer and only Transportation Officers must have the capability to unlock every lock located in or on the vehicle at any given time throughout the trip.

1.14.4 All contract vehicles will be equipped with surveillance cameras with the ability to monitor and record. The Contractor shall maintain and store footage of all surveillance cameras for a minimum of 6 months. The government will be provided copies of all recordings, upon request, within 24 hours

1.14.5 An armed contracted officer may not enter the contained, secure area of the vehicle. If he or she must enter that area, the officer shall first leave the weapon(s) with another officer for safekeeping or, if the vehicle is equipped with weapons lockers, in a locker.

1.14.6 Stops: During stops, which the vehicle crew shall keep to a minimum, detainees shall not leave the vehicle until the transporting officers have secured the inside and outside area. When the detainees disembark, the officers shall keep them under constant observation to prevent external contact(s) and/or contraband smuggling or exchange. At least one officer shall remain in the vehicle when one or more detainees are present.

1.15 MEALS

The vehicle crew shall provide meals and snacks during any transfer that exceeds six hours, and at any time requested by the COR or ICE designated official. Officers shall consider when the detainees last ate before serving meals and snacks. The requirements specified in the PBNDS 2011 apply equally to food served in transit and in detention facilities. Special dietary needs should be identified to the Contractor before departure, so suitable meals can be arranged.

1.15.1 In the interest of safety, detainees shall have no access to eating utensils (disposable or not) while in transit.

1.15.2 In transit, the crew shall store and serve food at the required temperatures. The crew shall maintain a constant supply of drinking water (and ice), along with paper cups.

A small number of disposable garbage receptacles, such as plastic bags, shall be kept within reach of the drive, with additional types of receptacles stored in another area of the vehicle.

1.15.3 Sack lunches must comply with PBNDS 2011 Standard 4.1, Food Services, unless specifically prepared for ICE Air Operations (IAO) Charter Flights. ICE Air

Operation Charter Flight sack lunches will only include one sandwich, one granola bar (or acceptable substitute) and one bottle of water. Due to allergy precautions, no peanut butter or peanut-based products are allowed. No fruit, chips, or condiments (mustard, ketchup, mayonnaise, etc.) are allowed on ICE Air Operation Charter Flights. Juveniles require two (2) sack lunches per flight. Additional meals will be provided for aliens on a medical-needs basis noted on the medical form.

1.16 VEHICLE COMMUNICATION

The Contractor shall provide and ensure that all vehicles have a functioning two-way radio.

Every transportation crew shall also carry at least one portable radio that can communicate with the other Contractor, so the officers can maintain contact if one or more has to leave the vehicle.

The vehicle’s communications system shall also include a Contractor provided cellular phone for use when radio communications are degraded, such as dead zones, different frequencies, etc.

1.17 CONTRACTOR OWNED OR GOVERNMENT OWNED VEHICLE SANITATION

Vehicles must be kept clean and sanitary by the Contractor at all times (if applicable) by:

1.17.1 Dumping septic tank contents at the appropriate locations.

1.17.2 Before departure, check to make sure there is an adequate supply of water and chemicals in the toilet at all times, which involves monitoring the inventory of chemical supplies stored in the forward baggage compartment.

1.17.3 Windows and floors must be clean and clear of debris.

1.18 USE OF RESTRAINTS

In accordance with PBNDS 2011, Use of Force and Restraints, and the Detention Standard on Transportation (by Land), Officers shall use authorized techniques and common sense when applying restraints. To ensure safe and humane treatment, the officers shall check the fit of restraining devices immediately after application, at every relay point in which there is a needed stop, and any time the detainee complains. Properly fitting restraints do not restrict breathing or blood circulation. The officers shall double-lock the restraining device(s), and secure the handcuffs to the waist chain, if applicable. Under no circumstances shall officers attach a restraining device to an immovable object, including, but not limited to, security bars, seats, steering wheel, or any other part of a vehicle. Officers carrying firearms shall exercise caution if close contact with a detainee becomes necessary in an emergency.

As a rule, transporting officers shall not handcuff women or minors. If an exception arises, the officers shall document the incident on the G-391, recording the facts and the reasoning behind the decision.

1.19 EMERGENCY SITUATIONS

If an emergency occurs within a reasonable distance of an ICE/ERO office, the officers shall make every effort to reach that office before taking extraordinary measures. However, if moving seems ill-advised or impossible, they shall contact the nearest ERO office, stating location and the nature of the problem so the ERO office can respond, secure and provide assistance as quickly as possible.

If the situation is life-threatening, and the vehicle crew cannot afford to wait for help from an ICE/ERO office; but needs to take immediate action, the following must occur:

1.19.1 Attack: If a Contractor is attacked while in transit, the vehicle crew should request assistance from the nearest law enforcement agency, continuing to drive until the vehicle is incapacitated. The transportation officers shall do everything possible to protect the safety of everyone in the vehicle.

1.19.2 Escape: If a detainee escapes during transit, the transportation officers shall not jeopardize the security of the remaining detainees by chasing the escapee, on foot nor by vehicle. Instead, they shall notify the nearest ICE/ERO office, providing the escapee’s name, A-number, height, weight, type of clothing and direction of flight (if known). It is the responsibility of the ICE/ERO office to directly relay this information to local law enforcement agencies. The transportation officers shall wait for assistance. While waiting, and keeping surveillance on the remaining detainees, the officers shall prepare a written report of the escape and/or attempted escape, fully documented. The complete report shall be turned into the COR within 24 hours of the incident

1.19.3 Hostages: If a hostage situation occurs on board the vehicle, one transporting officer shall secure the vehicle perimeter, while the other notifies the closest ICE/ERO office of the situation. The officers shall make every effort to determine those involved and whether they are armed, relaying the information to the ICE/ERO office and the local law enforcement agencies. Under no circumstances shall a transporting officer bargain with or take orders from the hostage-taker(s), regardless of the status or rank of the hostage(s). The vehicle crew shall hold all detainees on board until help arrives, assuming the hostage-taker(s) allow non-participants to disembark.

Regardless of demands, the officers shall not allow any hostage-taker(s) off the bus, with or without the hostages. A hostage situation shall effectively end a transportation assignment because of the need to interview witnesses, examine the crime scene, etc. The transportation officers shall receive instructions from the COR or ICE designated official, on how and where to proceed once the hostage situation is resolved. The Contractor’s incident report shall note participants, witnesses and action taken.

1.19.4 Illness: If a detainee becomes ill while in transit, but the illness does not appear life threatening, the transporting officers shall take appropriate action and alert the receiving office so it can prepare to handle the situation. If the illness requires immediate medical treatment (example.g. heart attack), transportation officers shall request assistance from the nearest facility, local law enforcement agencies, and emergency services. The transportation officers shall initiate life-saving procedures as appropriate, proceeding if security permits. The closest ICE/ERO office shall prepare procurement paperwork and make arrangements for hospitalization, security, etc.

1.19.5 Death: If a detainee dies while in transit, transporting officers shall notify the originating or receiving office as soon as possible, and follow the procedures specified in PBNDS 2011 Terminal Illness, Advance Directives, and Death. The closest ICE/ERO office shall coordinate with other agencies, including the coroner, required to be on the scene when the body is removed from the vehicle. This must take place in the State where death occurred. PBNDS 2011Standard on Terminal Illness, Advance Directives, and Death specifies the procedures with which the officers must comply. The Contractor must also provide a different vehicle to transport the remaining detainees currently under the Contractor’s supervision, and the vehicle must arrive to the designated location within a reasonable amount of time.

1.19.6 Fire: In case of fire in or on the vehicle, the driver shall immediately stop the vehicle.

The transportation officers shall fight the fire with the on-board equipment. If necessary, the officers shall request assistance from the local fire department and law enforcement agency. If the fire forces the evacuation of the bus, the crew is responsible for maintaining accountability and security while removing the detainees in an orderly fashion.

1.19.7 Riots: If a riot, fight, or any disturbance occurs on the bus, the assistant driver shall order the detainees to cease and the driver shall attempt to move the bus to the side of the road. If necessary, the crew shall request assistance from the local law enforcement agency. Efforts should be made to determine the instigators, number of detainees involved, names and A-numbers. When sufficient assistance is available, the transporting officers shall attempt to regain control, using only as much force, such as restraints or pepper spray, as necessary. Contracted officers may not enter the screened area bearing arms.

1.19.8 Traffic Accident: The Contractor shall propose written procedures for vehicle crews involved in traffic accidents. After an accident, the officers shall ensure all detainees are accounted for and check for any injuries, following this step, the officers must properly secure the area, request assistance from a local law enforcement agency, and obtain medical assistance for anyone injured. Regardless of its severity, the officers must report the accident to the local law enforcement agency and the nearest ICE/ERO office. They must also obtain a police report for the record, in case of future allegations or lawsuits against ICE/ERO or individual officers. The driver must record witnesses' names, addresses, and phone numbers on Form SF-94 – Statement of Witness (http://www.gsa.gov/graphics/fas/AccidentReportFormSF94.pdf)

The transporting officers shall discuss the issue of responsibility for the accident only with ICE/ERO investigating officers and supervisors. Upon arriving at the receiving office, the officers shall report the accident to the receiving facilities Assistant Field Office Director (AFOD) and prepare any required forms.

1.19.9 Contractor Owned and Government Owned Vehicle Breakdowns: The Contractor shall propose written procedures for vehicles crews involved with vehicle breakdowns while detainees are under the Contractor’s supervision. At all times, the Contractor shall ensure all detainees are accounted for. The Contractor must report the incident in the G-391 form.

Procedures must include steps taken for trips with Contractor owned vehicles and Government owned vehicles. To the best extent possible, after a vehicle breakdown, it is still the sole responsibility of the Contractor to transport detainees to their assigned locations on schedule. The Contractor must immediately inform the COR and provide a status updates following all vehicle breakdowns.

http://www.gsa.gov/graphics/fas/AccidentReportFormSF94.pdf

1.19.10 Natural Disasters: The Contractor shall develop written procedures for transportation officers to follow in severe weather or a natural disaster. In a flood, dust storm, ice storm, tornado, or other natural disaster, the vehicle crew shall contact State authorities to assess road conditions along the planned route. If driving conditions are unlikely to improve, the vehicle crew shall look for a safe area to park the vehicle and request further instructions from the receiving office. When contacting the office, the vehicle crew shall give all available information concerning the vehicle’s location. This can include highway markers, buildings, unusual structures, or other identifying features. Should it become necessary to exit the vehicle, the detainees shall be directed to a safe area. When this occurs, officers shall maintain a heightened alertness throughout the emergency. When the emergency has passed, the officers shall return all detainees to the assigned vehicle and conduct an accurate count.

1.20 TRANSPORTATION OF FEMALES, TRANSGENDER, AND MINORS

1.20.1 Females may be transported by bus for no more than ten hours. Otherwise, transportation by auto or van is required, with frequent breaks. Females shall be highly visible to all transportation officers at all times, seated in the front of the vehicle. The Contractor shall ensure that during all transport activities, at least one (1) transportation officer shall be of the same sex as the residents being transported. If there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender as the detainee(s) must be present.

1.20.2 Minors shall be separated from unrelated adults at all times during transport and seated in an area near officers and under their close supervision. When transporting juveniles, refer to ICE/ERO Family Residential Standard, “Transfer of Residents” and ICE/ERO Family Residential Standard, “Transportation (By Land).” Low risk Juveniles and Females may be transported by one armed and one unarmed guard on a case by case basis and only with prior approval of the COR. The COR's approval will only be valid for 90 days. Extensions can be requested and must be approved prior to action. Unarmed Transportation officers will have met all qualifications stated in Subsection 4 of the PWS and can only be approved for duty if they are pending issuance of a Texas License to carry a handgun.

1.20.3 Contractor will provide all car seats and booster seats when transporting children and infants as required by state law.

1.20.4 Transgender Individuals: When a detainee is in the care of the Contractor, the contracted officer shall review the detainee's record and documentation. If the record indicates the detainee' s gender identity differs from his or her biological sex, the Contractor shall only ask questions related to gender identity when such information is necessary to ensure the safety and security of other detainees and staff. For the safety of the detainees, this information will be included in the G-391. In addition, the Contractor shall ensure that sensitive information, such as the detainee's gender identity, is not used to the detainee's detriment by Contractor personnel or other detainees. If there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender that the detainee identifies as, must be present.

1.21 CONTRACTOR OWNED VEHICLE MAINTENANCE

All vehicles used for transporting ICE/ERO detainees shall comply with annual safety inspections requirements in accordance with applicable Federal and state law. Vehicles shall not be used for transportation if any safety repairs are needed.

1.22 GOVERNMENT FURNISHED VEHICLES

1.22.1 When available at the Government’s request, and as agreed upon by the parties prior to use, ICE may provide the Contractor with Government Owned Vehicles (GOV) for the transportation of ICE detainees. The Contractor may also request the use of GOV for an urgent and compelling situation. The Contractor must obtain the COR’s approval before any such use of GOV. The Contractor’s request, along with the COR approval, will be properly documented and be properly logged and kept in the contract file by the COR.

1.22.2 The Contractor shall execute a “Hold Harmless and Indemnity Agreement” (Attachment 11) prior to authorization of use of any Government Owned Vehicle(s) and shall forward the completed agreement to the ICE Contracting Officer.

1.22.3 The Contractor will provide the COR with proof that its guards are properly licensed CDL operators and insured in accordance with state law to operate the GOV provided. The Contractor agrees to adhere to all provisions contained within this agreement and the above referenced documents. The Government-furnished vehicles shall be used to transport only ICE detainees. Under the terms of this contract, any transportation services provided using a Government-furnished vehicle will incur rates from the following Contract Line Item Numbers, found in RFP Section B.8, Table 1, CONTRACT LINE ITEM NUMBER (CLIN)

FRAMEWORK TABLE.

Base Period CLIN 0006 - Transportation Services Using Government Vehicles

Option Period One CLIN 1004 - Transportation Services Using Government Vehicles

Option Period Two CLIN 2004 - Transportation Services Using Government Vehicles

The Contractor is authorized to utilize the DHS Fleet Card provided with each vehicle to pay for fuel and fluids as necessary to conduct transportation of ICE detainees. Use of the DHS Fleet Card shall be conducted in accordance with all provisions contained within this contract and the above-referenced documents. The Fleet Card shall only be utilized to pay for the fuel and fluids of the Government owned vehicle to which it is assigned. The Contractor shall not tamper with any vehicle equipment without the express written authorization of the COR.

1.22.4 The San Antonio Field Office Fleet Officer is responsible for the fuel, maintenance and routine repair costs for all GOV. The vehicle’s condition, including whether any given damage constitutes ordinary wear and tear, shall be assessed solely by ICE.

1.22.5 The Contractor agrees to be responsible for any damage incurred to the vehicle as a result of any act or omission on the part of the Contractor, its employees and or persons acting on behalf of the Contractor. In addition, the Contractor assumes financial responsibility for any related property damage to said vehicle and to other vehicles, property, or persons that is caused by the negligent act or omission of the Contractor’s employees or by persons acting on behalf of the Contractor. The Contractor accepts responsibility for the negligent acts or omissions of its employees and of persons acting on behalf of the service provided in the operations of said vehicles.

1.22.6 The Contractor acknowledges the use of the vehicle; the referenced vehicles remain the property of the Department of Homeland Security, Immigration and Customs Enforcement (DHS-ICE) and will be made available to the Contractor for the express purpose of transporting detainees.

1.22.7 The contracting officer may authorize a Contractor to obtain Government Furnished Vehicles only if the contracting officer has received evidence that the Contractor has obtained motor vehicle liability insurance covering bodily injury and property damage, protecting the Government against third-party claims arising from the ownership, maintenance, or use of an ICE vehicle.

1.22.8 The Contractor may not use Government vehicles when traveling from their own private residence nor office of duty to their designated area.

1.22.9 Unless otherwise authorized in writing by the COR prior to the finalization of the trip, all Government vehicles must be returned to their assigned place of origin at the end of each trip.

1.23 RULES AND REGULATIONS

The Contractor shall abide by all rules and regulations governing Detention/Transportation Officer Performance. The rules and regulations are found in the following sources:

1.23.1 The ICE 2011 Performance Based National Detention Standards (PBNDS) – A copy is obtainable on the Internet website http://www.ice.gov/detention-standards/2011/.

1.23.2 Post Orders

1.23.3 General Directives

1.23.4 US Department of Transportation Regulations

1.23.5 All rules and regulations governing public buildings and grounds.

1.23.6 All regulations provided to the Contractor through the COR.

1.24 CONFLICTS OF LAWS OR STANDARDS

In the event of a conflict between two or more laws or standards, the more stringent standard shall apply unless the Contracting Officers specifically directs otherwise in writing. If the Contractor is unable to determine which law or standard is more stringent, the Contractor should consult the Contracting Officer (CO), who will make a determination.

1.25 DEFINITIONS

Adult Detainee – Any detained immigrant eighteen (18) years of age or older or anyone adjudicated in a criminal court to constitute an adult.

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.

Contraband - Any item possessed by a detainee or found within the facility, which is declared illegal by law, or expressly prohibited, by ICE or the Contractor. Contraband may include, but is not limited, to the following: drugs and alcohol, sharp objects or hardware that could be fashioned into a weapon, perishable foods that may pose health or spoilage problems, and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

Contract Detention Facility (CDF) - Refers to Contractor owned and Contractor operated facilities for housing detainees.

Contract Specialist (CS) - ICE employee responsible for contract compliance, contract administration, cost control, and reviewing the COR’s assessment of the Contractor’s performance.

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

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 described in the PWS.

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

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 the agency – U.S. Immigration and Customs Enforcement (ICE).

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily…