Attachment_2_QASP.docx

Immigration and Customs Enforcement Enforcement and Removal Operations

Baltimore Field Office

Armed Ground Transportation and Guard Services

Quality Assurance Surveillance Plan

Attachment 2

A-

Table of Contents

Attachment 2

QUALITY ASSURANCE SURVEILLANCE PLAN

FOR THE

BALTIMORE FIELD OFFICE

ARMED GROUND TRANSPORTATION AND GUARD SERVICES

1. INTRODUCTION

The Government’s Quality Assurance Surveillance Plan (QASP) is based on the premise that the Contractors/service providers, and not the Government, are responsible for the day-to-day transportation and guard services of detainees, 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 service provider is required to develop a comprehensive program of inspections and monitoring actions and to document its approach in a Quality Control Plan (QCP). The service provider’s QCP, upon approval by the Government, will be made a part of the resultant agreement.

This QASP is designed to provide an effective surveillance method to monitor the service provider’s performance relative to the requirements listed in the agreement. The QASP illustrates the systematic method the Government (or its designated on-site representative) will use to evaluate the services the service provider is required to furnish.

This QASP is based on the principle that the Government must validate that the Contractor/service provider is complying with Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE/ERO) mandated quality standards in providing security and transportation. Performance standards address all facets of transportation related services. Efficient management by the service provider and use of an approved QCP will ensure that the Contractor is operating within acceptable quality levels.

2. DEFINITIONS

ACA Standards - The American Correctional Association Standards (ACA) for Adult Local Detention Facilities, latest edition. (See 1.5 RULES AND REGULATIONS)

Contract Specialist (ACO) - DHS employee responsible for contract compliance, contract administration, cost control, property control, and reviewing COTR’s assessment of Contractor’s performance.

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

Immigrant – Any person who is not a citizen or native of the United States of America.

Immigration and Customs Enforcement (ICE) – An agency under the U.S. Department of Homeland Security.

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 the DHS 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.

Contractor’s Detention Site – A Contractor acquired accommodations used for housing detainee mothers with children and juveniles.

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

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

Contracting Officer’s Representative (COR) - The DHS 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. The COR interacts with the service provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the agreement. The Contracting Officer issues a written memorandum that appoints the COR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities.

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

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 – Immigration and Customs Enforcement (ICE).

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security (DHS). Many detainees have substantial and varied criminal histories.

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

Detention Officer (DO) - Contractor uniformed employees responsible for the security, care, and supervision of detainees being transported while detained or under DHS proceedings.

DHS Officer - An employee of DHS/ICE working within the Enforcement & Removal Office (ERO) designated, as required, by the Officer-in-Charge (OIC) to represent the agency on matters pertaining to the operation of the facility.

DHS Standards - See 15 RULES AND REGULATIONS

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

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.

Enforcement and Removal Operations (ERO) – Program within ICE primarily responsible for the detention and removal of those immigrants in the county illegally. ERO is the program directly involved in the oversight of private detention facilities whose primary mission is to detain and house illegal immigrants.

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

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 - The United States Government.

Grievance - A written complaint filed by a detainee concerning personal health/welfare.

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 healthcare training or experience

ICE – Created in March 2003, U.S. Immigration and Customs Enforcement (ICE) is the largest investigative branch of the Department of Homeland Security (DHS). The agency was created after 9/11, by combining the law enforcement arms of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service, to more effectively enforce our immigration and customs laws and to protect the United States against terrorist attacks. ICE is a key component of the DHS "layered defense" approach to protecting the nation

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

Log Book - The official record of post operations and inspections.

Man-hour rate - The rate that includes all costs, overhead and profit required to perform the contract. Costs include management, wages, benefits, training time, holiday and vacation pay, sick leave, materials, equipment and any other costs to meet contract requirements described in the solicitation and as shown in the post assignments. Only productive hours can be invoiced. Productive hours are those hours when the required services are performed.

Medical records – Separate records of all detainee medical examinations, diagnoses, and treatments maintained by the Division of Immigration Health Services.

On-Call Posts – Posts decided as necessary by the COTR. Not permanent posts.

Statement of Work (SOW) – The document which describes the services / work to be performed under this contract.

PBNDS: Performance Based National Detention Standards

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.

Procedure - The detailed and sequential actions that shall 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.

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 officer or supervisory officer.

Property – Refers to personal property belonging to a detainee.

Proposal - The written plan submitted by the Contractor for consideration by the DHS in response to the Request for Proposal (RFP).

Quality Assurance – The actions taken by the Government to assure requirements of the Statement of Work (SOW) are met.

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.

Restraint Equipment - This includes handcuffs, wrist restraints, leg restraints, and disposable nylon straps.

Safety Equipment - Firefighting equipment, including, but not limited to, chemical fire extinguishers, hoses, nozzles, water supplies, alarm systems, first aid kits and stretchers.

Security Risk – High, Medium, Low

1. High Risk Level - Detainees exhibit behavioral problems, or manifest a pattern of such behavior, or have a history of violent and/or criminal activity.

1. Medium Risk Level - Detainees exhibit minor behavioral problems or have a history of nonviolent criminal behavior.

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

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 DHS/ICE owned and operated facilities for housing detainees.

Suitability Check – Security clearance process for Contractor and all Contractor Employees to determine suitability to work.

Tour of Duty – no more than 12 hours in any 24-hour period with a minimum of eight (8) hours off between shifts.

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

Transportation Costs –All materials, equipment and labor necessary to respond to requests by designated officials for movement of detainees from place to place necessary for processing, hearing, interviews, or other situations as determined by the COTR or designated official.

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

Performance Requirements Summary (Attachment A): The Performance Requirements Summary (PRS) depicts what the Government intends to qualitatively inspect. The PRS is based on:

1. M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public) – http://dro.icepolicy.us/policies-ero/current/Officers%20Handbook%20M-68.pdf/view?searchterm=M-68

2. The ICE/DHS 2011 Performance Based National Detention Standards – A copy is obtainable on the Internet website www.ice.gov. In the search icon insert “ERO Detention Standards”.

3. All rules and regulations governing usage of firearms.

4. Contractor providing all such armed transportation services, to include transportation, detainee supervision and record keeping services for ICE, in support of the detention and removal process.

5. All transportation and guard service requirements listed under PWS.

The PRS identifies performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by the Government reviewers (or their designated representative) when conducting quality assurance surveillance to guide them through the inspection and review processes for assessing compliance in meeting Government standards.

Performance Standards: The performance standards are established in the ERO ICE Performance Based National Detention Standards (PBNDS) and contained in the Detention Operations Manual, https://www.ice.gov/detention-standards/2011. Other standards may also be defined in the agreement.

Deduction: Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur. The service provider will be notified immediately if such a situation arises. The Contracting Officer in consultation with the Program Office will determine the amount of the deduction. Amounts deducted are not recoverable. The assessment of deductions does not preclude the Contracting Officer from initiating other applicable contract actions and remedies, if applicable.

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

3. QUALITY CONTROL PLAN

As a part of its agreement with the Government, the service provider is required to develop, implement, and maintain a Quality Control Plan (QCP) that describes the methods it will use to review its performance to ensure it conforms to the performance requirements. The service provider in order to validate its operations, and assure the Government that the services meet the performance standards performs such reviews.

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

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

The contractor/service provider is encouraged not to limit its inspection to only the processes outlined in the Government’s standard; however, certain key documents must be produced by the provider to assure the Government that the services meet the performance standards. Some of the documentation that must be generated and made available to the COR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The service provider must develop and implement a program that addresses the specific requirement of each standard and the means it will use to document compliance.

· Written policies and procedures to implement and assess operational requirements of the standard

· Documentation and record keeping ensuring ongoing operational compliance with the standards (e.g., inventories, logbooks, register of receipts, reports)

· Staff training records

· Contract Discrepancy Reports (CDR’s)

· Investigative reports

· Records of investigative actions taken

· Vehicle inspections

· Equipment inspections

4. METHODS OF SURVEILLANCE

The Government will inspect the services and operations provided by the Contractor using worksheets it developed for this purpose. More frequent inspections may be required by the COR. The COR or designee will evaluate the service provider’s performance by (a) reviewing documentation, and (b) interviewing the service provider’s personnel and/or detainees. NOTE: For day-to-day activities, the Government will conduct its surveillance using the worksheets created for this purpose, along with the Contract Deficiency Reports (CDR’s: see Attachment B) and the “Contract Performance Monitoring Tool” set forth in Attachment C. Where ICE/ERO standards are referenced for annual review purposes, the “Monitoring Instruments” and “Verification Sources” identified in the ICE/ERO standard will be used.

4.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted deficiencies are effectively addressed and corrected as quickly as possible. Routine reviews may involve direct observation of the service provider personnel performing tasks, interacting with detainees and other staff members, and/or reviewing documentation that demonstrates compliance with the ERO standards. On-site inspections shall be performed by the ICE COR or by other parties designated as representatives of ICE. Inspections may be planned (e.g., annual inspections and the regularly scheduled inspections identified in Attachment C) or ad-hoc.

4.2 Ad-Hoc: These inspections are unscheduled and will be conducted as a result of special interests or unexpected conditions arising from routine monitoring of the service provider’s QCP, an unusual occurrence pertaining to the agreement, or other ICE concerns. These inspections may also be used as a follow-up to a previous inspection. Inspection findings will be provided to the service provider as appropriate.

When visiting a site, either the COR or a designated third party may conduct their own inspections of service provider performance activities, or accompany the service provider’s designated Quality Control Inspector (QCI) on scheduled inspections. The COR may also immediately inspect the same area as soon as the QCI has completed the quality control inspection to determine if any surveillance areas were overlooked. The COR may also inspect an area prior to the QCI and compare results. The COR will record all findings; certain deficiencies noted will be provided in writing and must be corrected within a reasonable amount of time (see Attachment B).

4.3 Review of Documentation: The service provider must develop and maintain all documentation as prescribed in the performance standards (e.g., post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the service provider must also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COR will review both forms of documentation to affirm that the conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the service provider’s documentation, the Government may review 100 percent of the documents, or a representative sample. Documentation may be reviewed during a site visit, or at periodic points throughout the period of performance.

4.4 Interviews and Other Feedback: The COR will interview key members of the service provider’s staff, detainees, and other Government personnel to ascertain current practices and the extent of compliance with the performance standards.

5. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS

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

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

6. FAILURE TO MEET PERFORMANCE STANDARDS

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

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

Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. “withholds”) amounts from the service provider’s monthly invoice. This may happen when an event occurs, such as an escape, traffic accident due to contractor negligence, or sexual abuse, when a particular deficiency is noted three or more times without correction, or when the service provider has failed to take timely action on a deficiency about which he/she was properly and timely notified. The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the deficiency, or made substantial progress in the correction.

Further, a deficiency found in one functional area may tie into another. If a detainee escaped, for example, a deficiency would be noted in “Security and Control,” but may also relate to a deficiency in the area of “Administration and Management.”

7. NOTIFICATIONS

(a) Based on the inspection of the service provider’s performance, the COR will document instances of deficient or at-risk performance (e.g., noncompliance with the standard) using the CDR form located at Attachment B. To the extent practicable, issues should be resolved informally, with the COR and service provider working together. When documentation of an issue or deficiency is required, the procedures set forth in this section will be followed.

(b) When a CDR is required to document performance issues, it will be submitted to the service provider with a date when a response is due. Upon receipt of a CDR, the service provider must immediately assess the situation and either correct the deficiency as quickly as possible or prepare a corrective action plan. In either event, the service provider must return the CDR with the action planned or taken noted. After the COR reviews the service provider’s response to the CDR including its plan/remedy, the COR will either accept plan or correction or reject the correction/plan for revision and provide an explanation. This process should take no more than one week. The service provider should not use the CDR as a substitute for quality control.

(c) The COR and CO, in addition to any other designated ICE official, shall be notified immediately in the event of all emergencies. Emergencies include, but are not limited to the following: staff use of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff/detainees resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; escape; weapons discharge; suicide attempts; deaths; adverse incidents that attract unusual interest or significant publicity; adverse weather (e.g., hurricanes, floods, ice/snow storms, heat waves, tornadoes); transportation accidents resulting in injuries, death, or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed.

(d) If the COR concludes that the deficient or at-risk performance warrants a withholding or deduction, the COR must include the complete CDR (with official response from Contractor/service provider) in its monthly report to ERO Headquarters, with a copy to the Contracting Officer. The CDR must be accompanied by the COR’s investigation report and written recommendation for any withholding. If contractual action including a withholding or deduction is appropriate, ERO headquarters will forward the CDR and supporting information to the Contracting Officer for action. The Contracting Officer will consider the COR’s recommendation and forward the CDR along with any relevant supporting information to the service provider in order to confirm or further discuss the prospective cure, including the Government’s proposed course of action. As described in Section 6 above, portions of the monthly invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken.

(e) Following receipt of the service provider’s notification that the correction has been made, the COR may re-inspect. Based upon the COR’s findings, he/she will recommend that the Contracting Officer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as final and release the full amount withheld for that issue.

(f) If funds have been withheld and either the Government or the service provider terminates the agreement, those funds will not be released. The service provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the service provider is not relieved of full performance of the required services hereunder; the agreement may be terminated upon adequate notice from the Government based upon any one instance, or failure to remedy deficient performance, even if a deduction was previously taken for any inadequate performance.

(g) The COR will maintain a record of all open and resolved CDRs.

8. DETAINEE/MEMBER OF PUBLIC COMPLAINTS

The Government, detainee and the public are the ultimate recipients of the services identified in this agreement. Any complaints made known to the COR will be logged and forwarded to the service provider for remedy. Upon notification, the service provider will be given a pre-specified number of hours after verbal notification from the COR to address the issue. The service provider will submit documentation to the COR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the service provider will document its findings and notify the COR.

9. ATTACHMENTS

Attachment A- Performance Requirements Summary

FUNCTIONAL AREA/

WEIGHT

2008 PERFORMANCE

BASED NATIONAL DETENTION STANDARDS (PBNDS, PWS, ICE Standards)

SURVEILLANCE

Administration and Management (15%)

(Addresses Contractor responsibilities to administer and manage the transportation of detainees in a professional and responsible manner consistent with legal requirements, organizational and management requirements, and Quality Control Plan) PBNDS References:

1. Transporting Detainees;

2. Staff Training

PWS Section References:

SOW references:

1) I – C: Scope of Work: Performance;

2) IV: Training

· Monthly review of corrective action plan results

· Ad-hoc reviews as needed

· CDRs

A rating of At-Risk on any of the standards will result in up to 15% deduction in the monthly invoiced per-diem day rate until compliance with the standard is established

Security and Control (25%)

(Addresses protect the community, staff, contractors, volunteers, and detainees from harm) PBNDS References:

1. Armed Transportation Services

2. Business Permits and Licenses PWS Section References:

1) II-C: Armed Transportation Services

2) VIII: Business Permits and Licenses

3) VIII – A: Firearms Requirements;

2) VIII – B: Body Armor Requirements;

3) VIII – C: Use of Force Policy

Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COR

Periodic reviews in accordance with the contract performance monitoring tool (see attached)

· Monthly review of corrective action plan results

· Ad-hoc reviews as needed

· CDRs

· Review of service provider’s quality control program monitoring reports and output data.

Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP)

A rating of Deficient on any two of the standards will result in up to 25% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established

A rating of At-Risk on any of the standards will result in up to 25% deduction in the monthly invoiced per-diem day rate until compliance with the standard is established

Detainee Care (20%)

(Addresses contractor responsibilities to reduce the negative effects of confinement) PBNDS References:

2. Escorted Trips for Non-Medical Emergencies

PWS Section References:

1) III: Anticipated Transportation Routes

· Monthly review of corrective action plan results.

· Ad-hoc reviews as needed

· Review of service provider’s quality control program monitoring reports

· CDRs

A rating of At-Risk on any of the standards will result in up to 20% deduction in the monthly invoiced per-diem day rate until compliance with the standard is established

Safety Standards (25%)

(Addresses a safe work environment for staff and detainees) PBNDS References:

1. Emergency Plans

2. Transportation (by land)

PWS Section References:

1) IX. Emergency Plans and Accidents;

2) II. – C: Armed Transportation

· Monthly review of corrective action plan results

· Ad-hoc reviews as needed

· CDRs

Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP)

A rating of Deficient on any two of the standards will result in up to 25% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established

A rating of At-Risk on any of the standards will result in up to 25% deduction in the monthly invoiced per-diem day rate until compliance with the standard is established

Order (15%)

(Addresses contractor responsibility to maintain an orderly environment with clear expectations of behavior and systems of accountability)

PBNDS References:

1. Disciplinary System

PWS Section References:

1) X. Detainee Rights, Rules, Discipline, and Privileges.

· Monthly review of corrective action plan results

· Ad-hoc reviews as needed

· CDRs

Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP)

A rating of Deficient on any three of the standards will result in up to 15% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established

A rating of At-Risk on any of the standards will result in up to 15% deduction in the monthly invoiced per-diem day rate until compliance with the standard is established

The following is a breakdown of the percentage amounts that will be withheld or deducted for each functional area for 1st offense through 4th offense in deficient and at-risk. As stated in the withholding and deduction criteria, no more than the total weight for each functional area (for example 15% for Administration and Management) will be withheld or deducted on a monthly invoiced per diem day rate. The offenses will be recorded on a 12 month basis.

WITHHOLDING

DEDUCTION

A-4

Attachment B - Contract Discrepancy Report

CONTRACT DISCREPANCY REPORT

1. CONTRACT NUMBER

2. TO: (Contractor and Manager Name)

3. FROM: (Name of COR)

DATES

CONTRACTOR NOTIFICATION

4. DISCREPANCY OR PROBLEM (Describe in Detail: Include reference in PWS / Directive: Attach continuation sheet if necessary.)

5. SIGNATURE OF CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

6. TO: (COR)

7. FROM: (Contractor)

8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IF NECESSARY. (Cite applicable Q.A. program procedures or new A.W. procedures.)

9. SIGNATURE OF CONTRACTOR REPRESENTATIVE

10. DATE

11. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSE/RESOLUTION PLAN: (Acceptable response/plan, partial acceptance of response/plan, rejection: attach continuation sheet if necessary)

12. GOVERNMENT ACTIONS (Payment withholding, cure notice, show cause, other.)

CLOSE OUT

CONTRACTOR

NOTIFIED

COTR

CONTRACTING

OFFICER

B-1 Attachment C – Performance Monitoring Tool

Performance Monitoring Tool

Enforcement and Removal Operations

Performance Monitoring Tool

Contractor’s Name: ______________ Month/Year: _______

FREQUENCY

TRANSPORTATION STANDARDS

1. Written Polices and Procedures

Polices governing safety, security, operations, communication and equipment

Vehicle Inspection and Repair

Inspect the vehicle for mechanical and electrical problems

Test the emergency exits

Search for hidden weapons and other contraband

2. Required Documents

G-391, “Official Detail”

Documents that accompany detainee

Transfer of funds, valuables and personal property

Departure scheduling and security

3. Detainee Transfer

Detainee provided with detainee transfer notification form

FREQUENCY

Health records/transfer summary accompany detainee

A-File/work folder accompany detainee

Funds and personal property accompany detainee

4. Transportation

Documentation indication safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected, is available for review

Officers use a checklist during every vehicle inspection

Transporting officers limit driving time to 10 hours in any 15 hour period when transporting detainees

Two officers with valid Commercial Drivers Licenses (CDL’s) required in any bus transporting detainees

Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles

Vehicles have written contingency plans on board

Vehicles have 2 way radios, cellular telephones, equipment boxes in accordance with the Use of Force standard

5. Use of Force

Policy governing immediate/calculated use of force

FREQUENCY

All use of force incidents documented and reviewed

Video tapes of incidents preserved/catalogued for 2 ½ years

Detainee is seen by medical immediately after incident

Contractor subscribes to prescribed confrontation avoidance procedures

Staff trained in use of force techniques

Appropriate procedures in place for using 4 point restraints

All electronic stun devices inventoried and used by Contractor must be approved by ICE National Firearms and Tactical Training Unit

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