RFP_No._HSCEDM-17-R-00003.pdf

HSCEDM-17-R-00003

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 100

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

10/13/2016 X

ICE/DCR

ICE/Detention Compliance & Removals Immigration and Customs Enforcement Office of Acquisition Management 801 I Street, NW Suite 930

WASHINGTON DC 20536

1100 ES 11/22/2016

SANG HAN 202

sang.han@ice.dhs.gov

732-2544

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PAGE(S)

SANG HAN

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

2-5

6-34 36-37 38-39 40-42 43-53

54-62

64-83

84-92

93-100

Solicitation No. HSCEDM-17-R-00003

Section B, Page 2 of 100

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INSTRUCTIONS

The Contractor shall provide the necessary supplies and services (unless otherwise stated herein) to perform the work described in Section C, Performance Work Statement, for the requirement entitled “Baltimore Armed Ground Transportation Services.”

B.2 IDIQ CEILING

The ceiling price for this IDIQ is [$TBD].

B.2.1. Order Minimum

The minimum dollar value of orders to be issued is [$TBD].

B.2.2. Order Maximum

The maximum dollar value of orders to be issued is [$TBD].

B.3 AUTHORIZED BILLING RATES

The following table contains the authorized supplies and services that may be billed under the

IDIQ. All unit prices are fully-loaded, (i.e., inclusive of all direct costs, indirect costs, and profit/fee) except overtime rate for the Transportation Officer (CLINs 0003, 1003, 2003, 3003, and 4003).

Utilize Attachment 4, Contract Line Item Number (CLIN) Description spreadsheet to provide the authorized billing rates. Note: The Government will not consider alternate pricing structure.

CLIN Table Contract

Line Item

Number

(CLIN)

Description of Work QTY Unit of

Measure Unit Price

Amount

BASE Period: December XX 2016 – December XX 2017

0001A 60 Day Transition Period 1 Job

0001 TRANSPORTATION SERVICES Using Contractor Vehicles 450,000 Mile

TRANSPORTATION SERVICES Using Government Vehicles

50,000 Mile

0003 Transportation Officer - Overtime 10,000 Hour

0004 Transportation Officer - Wait-time exceeding 1 hour 1,000 Hour

0005 Stationary Guard Services 3,500 Hour

0006 Lodging, Meals & Incidental Expenses N/A Cost

Reimbursable N/A

NTE

$10,000

Section B, Page 3 of 100

BASE Period TOTAL PRICE:

Option Period 1: December XX 2017 – December XX 2018

1001 TRANSPORTATION SERVICES Using Contractor Vehicles 450,000 Mile

TRANSPORTATION SERVICES Using Government Vehicles

50,000 Mile

1003 Transportation Officer - Overtime 10,000 Hour

1004 Transportation Officer - Wait-time exceeding 1 hour 1,000 Hour

1005 Stationary Guard Services 3,500 Hour

1006 Lodging, Meals & Incidental Expenses N/A Cost

Reimbursable N/A

NTE

$10,000

Option Period 1 TOTAL PRICE:

Option Period 2: December XX 2018 – December XX 2019

2001 TRANSPORTATION SERVICES Using Contractor Vehicles 450,000 Mile

TRANSPORTATION SERVICES Using Government Vehicles

50,000 Mile

2003 Transportation Officer - Overtime 10,000 Hour

2004 Transportation Officer - Wait-time exceeding 1 hour 1,000 Hour

2005 Stationary Guard Services 3,500 Hour

2006 Lodging, Meals & Incidental Expenses N/A Cost

Reimbursable N/A

NTE

$10,000

Option Period 2 TOTAL PRICE:

Option Period 3: December XX 2019 – December XX 2020

3001 TRANSPORTATION SERVICES Using Contractor Vehicles 450,000 Mile

TRANSPORTATION SERVICES Using Government Vehicles

50,000 Mile

3003 Transportation Officer - Overtime 10,000 Hour

3004 Transportation Officer - Wait-time exceeding 1 hour 1,000 Hour

3005 Stationary Guard Services 3,500 Hour

3006 Lodging, Meals & Incidental Expenses N/A Cost

Reimbursable N/A

NTE

$10,000

Option Period 3 TOTAL PRICE:

Option Period 4: December XX 2020 – December XX 2021

4001 TRANSPORTATION SERVICES Using Contractor Vehicles 450,000 Mile

TRANSPORTATION SERVICES Using Government Vehicles

50,000 Mile

4003 Transportation Officer - Overtime 10,000 Hour

4004 Transportation Officer - Wait-time exceeding 1 hour 1,000 Hour

4005 Stationary Guard Services 3,500 Hour

Lodging, Meals & Incidental Expenses

N/A Cost

Reimbursable N/A

NTE

$10,000

Option Period 4 TOTAL PRICE:

BASE + 4 OPTION PERIODS TOTAL PRICE:

[Offeror shall provide these dollar amounts in the Price Proposal.]

Section B, Page 4 of 100

CLIN Description Contract

Line Item

Number

(CLIN)

CLIN Description Detailed description of the CLINs

0001A 60 Day Transition Period Firm-Fix Price the 60 day transition period

0001, 1001, 2001, 3001, TRANSPORTATION SERVICES Using Contractor Vehicles

Contractor shall provide Armed Ground Transportation of detainees for the entire state of Maryland and the Pennsylvania area in accordance with Section C, Performance Work Statement

Billable time begins at pick-up point and ends at drop-off point

0002, 1002, 2002, 3002, TRANSPORTATION SERVICES Using Government Vehicles

Contractor shall provide Armed Ground Transportation of detainees for the entire state of Maryland and the Pennsylvania area in accordance with Section C, Performance Work Statement

Billable time begins at pick-up point and ends at drop-off point

0003, 1003, 2003, 3003, Transportation Officer - Overtime

Overtime for Transportation Officers exceeding 40 hours per week

The Transportation Officer's fully burdened rates are included and calculated in the per mile rate under the Transportation Services CLINs as a part of the entire transportation service.

Therefore, the contractor shall propose an overtime rate that does not duplicate the indirect labor costs, overhead or fringe benefits for this CLIN. The overtime rate for this CLIN shall only be a direct labor cost to compensate the Transportation Officers beyond the 40 hours per week without including the indirect costs associated with employing the Transportation Officers.

0004, 1004, 2004, 3004, Transportation Officer - Wait-time exceeding 1 hour

Contractor shall bill in 15 minute increments

0005, 1005, 2005, 3005, Stationary Guard Services Contractor shall bill in 15 minute increments

0006, 1006, 2006, 3006, Lodging, Meals & Incidental Expenses Contractor shall be reimbursed for the actual cost for lodging, meals and incidental costs as they incur in accordance with Federal Travel Regulations

Section B, Page 5 of 100

B.4 TRAVEL COSTS (LODGING, MEALS & INCIDENTALS)

The Contractor may be required to travel during performance of the IDIQ and will be reimbursed for actual, allowable, and reasonable travel costs incurred, exclusive of any fee. Travel will be reimbursed in accordance with the Federal Travel Regulation policy in effect at the time of IDIQ award. The Contractor’s invoice for travel shall specify the origination, destination, duration and purpose of each trip. The Federal Travel Regulations may be found at the following web site:

http://www.gsa.gov/portal/content/104790.

http://www.gsa.gov/portal/content/104790

Section C, Page 6 of 100

SECTION C

PERFORMANCE WORK STATEMENT (PWS)

ARMED GROUND TRANSPORTATION

BALTIMORE FIELD OFFICE

C.1. INTRODUCTION

A. Background

The United States Department of Homeland Security (DHS), Immigration and Customs

Enforcement (ICE), Enforcement and Removal Operations (ERO) is responsible for the detention, health, welfare, transportation, and deportation of detainees in removal proceedings, and those subject to final order of removal from the United States. ICE houses detainees in Contract Detention Facilities (CDF) and other federal, state, local, and private facilities.

B. Mission

The mission of the Enforcement and Removal Operations (ERO) Program 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. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees who have entered illegally or have become removable after admission.

In implementing its mission, ERO is responsible for carrying out all orders for the required departure of detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary.

C. Scope of Work: Performance

In transporting and guarding detainees, the Contractor is required to perform in accordance with the most current editions of the DHS/ICE Policies, ICE 2011 Performance Based

National Detention Standards on Transportation, and state and local laws on firearms for all locations (reference page 2, Section B: 1 and 2). The Contractor shall provide, operate, manage, and maintain a uniformed transportation/guard staff, 24-hours per day, 7-days per week, year-round, for the transportation of detainees under the responsibility of DHS/ICE-

ERO Baltimore Field Office. The Contractor shall evaluate specific tasks required, and create a composite plan to achieve successful results. Continuous full service at the named locations is the requirement (See pages 10-12 for locations). The Contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the

Government related to this contract.

In cases where other standards conflict with DHS/ICE Policy or Standards, DHS/ICE Policy and Standards prevail, unless the other standards are more stringent. In addition, the

Contractor shall provide full and complete cooperation for any request or investigation conducted by the Government.

Section C, Page 7 of 100

C.2. PERFORMANCE WORK STATEMENT

A. Introduction

This Performance Work Statement (PWS) sets forth the contract performance requirements for all oversight management, supervision, testing, training, random and targeted drug testing, certifications, licenses, bonds, technically trained personnel, wages and fringe benefits, reports, uniforms, patrol vehicles, weapons and ammunition, equipment, materials, and supplies (except property and items which are furnished by the Government) necessary to provide armed and unarmed Transportation/guard Fixed Posts services in the entire State of Maryland and Pennsylvania metropolitan areas. Ad hoc transportation areas include transportation routes to all facilities in the Atlanta, Buffalo, Boston, Newark, New York and

Washington field offices.

B. General

The Contractor shall abide by all rules and regulations governing transporting and guarding detainees. The rules and regulations as follows:

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 https://www.ice.gov/detention-standards/2011. In the search icon insert “ERO Detention Standards”.

3. All rules and regulations governing usage of firearms (see Pages 24-25 for firearm requirements).

4. All transportation and guard service requirements listed in this PWS.

5. U.S. Department of Transportation and individual State Departments of

Transportation/Departments of Public Safety Regulations. (Refer to https://www.fmcsa.dot.gov/regulations/title49/part/395 ).

6. Federal Motor Carrier Safety Administration Regulations for Motor Passenger Carriers and Drivers Hours and Service

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.

All records related to contract performance shall be retained in a retrievable electronic format for three years. Except as otherwise expressly provided in this PWS, the Contractor shall, upon completion or termination of the resulting contract, transmit to the Government any records related to performance of the contract.

http://dro.icepolicy.us/policies-ero/current/Officers%20Handbook%20M-68.pdf/view?searchterm=M-68 http://dro.icepolicy.us/policies-ero/current/Officers%20Handbook%20M-68.pdf/view?searchterm=M-68 http://www.ice.gov/pi/dro/opsmanual/ https://www.fmcsa.dot.gov/regulations/title49/part/395

Section C, Page 8 of 100

The Contractor shall comply with all statutes, regulations, and guidelines from the National

Archives and Records Administration. Records and information management functions are required and mandated by the following laws and regulations: Chapters 21, 29, 31, and 33 of

Title 44, United States Code; 36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular

A-130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, United States

Code.

The Contractor shall protect, defend, indemnify, save, and hold harmless the United States

Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, sub-contractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys’ fees incurred by the United States Government and its employees or agents.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the filing. The Contractor shall cooperate with

Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Contractor litigation.

The Contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the United States

Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the Contractor’s operations.

The Contractor shall provide armed transportation services, to include transportation, detainee supervision and record keeping services for ICE, in support of the detention and removal process. The contractor may be required to operate Government-Owned Vehicles

(GOV), which will be made available by ICE/ERO. The operation of GOV will be in compliance with the Federal Government, DHS, ICE, and ERO policies and procedures regarding contractor use of government-owned vehicles.

Section C, Page 9 of 100

C. Armed Transportation and Guard Services shall include the following:

I. Armed Transportation:

1. The Contractor shall provide all such armed transportation and guard services as required to transport detainees, securely, in a timely manner, to locations within the entire State of Maryland and the Pennsylvania area. There will be ad hoc transportation routes to all facilities in the, Atlanta, Buffalo, Boston, Newark, New

York and Washington, field offices. The response time to the current IGSAs

(Worcester, Howard, and Frederick) should be less than one (1) hour. It would be advantageous to be able to respond from two (2) locations– one near Baltimore and one on the Eastern Shore (near Salisbury). The Contractor must provide operational hubs (staff/vehicle staging areas) in locations/cities that ensure detainees are picked up within one (1) hour from notification.

2. The Contractor shall provide two (2) person teams of armed officers to securely transport immigrant detainees in a timely manner to locations within the Maryland and Pennsylvania metropolitan areas 24 hours a day, 7 days a week, 365 day per year.

All transportation runs shall be performed by two (2) person teams of armed officers to include one officer as the same sex of the detainee(s).

3. The estimated number of detainees to be transported weekly could range from 1-150;

however, in some extenuating circumstances, the number of detainees to be transported may be up to 250. These detainees will be transported to various pre-determined routes within the entire State of Maryland and Pennsylvania areas. There shall be occasional Ad Hoc runs to Atlanta, Buffalo, Boston, Newark, New York and

Washington field offices, detention facilities, hospitals and other locations within these areas as determined by COR and/or designee.

4. The Contractor shall furnish sufficient vehicles (a minimum of two (2) vehicles at all times at each hub office to safely provide required transportation. The vehicles suitable for this contract shall be caged Sedans, Caged Transportation Vans (12-15 passenger) to include separator/divider for segregation of women/juveniles, Airporter, and Buses.

5. The Contractor shall not allow employees to use their privately owned vehicles to transport detainees. All vehicles used for transport of detainees shall meet all State and local inspection standards. The vehicles shall be kept clean, free of trash and odor and operated in a professional manner.

6. A maintenance log and a trip log shall be created and maintained for each vehicle.

Driver Hours of Service Logs will be maintained by each driver. (Note: When

USDOT implements electronic driver logs in December 2017, compliance by the

Contractor will be required.) Parking summonses incurred are the responsibility of the contractor and shall be paid in a timely manner. Vehicles shall be parked in such a manner as to abide by local laws and minimize issuance of summons or towing / booting. The Contractor shall provide a chronological summons log and will be

Section C, Page 10 of 100 maintained monthly indicating disposition and furnish to the COR and/or designee upon request.

7. The Contractor shall not allow employees to use their privately owned vehicles to transport detainees. The Contractor shall furnish vehicles equipped with interior security features to include but not limited to the following: door lock controls, window lock and a wire cage with acrylic panel between the driver seat and the rear passenger seats) and be in accordance with ICE 2011 Performance Based National

Detention Standards including physical separation of detainees from guards. The

Contractor shall provide the interior security specification of the vehicles to ICE for review and approval prior to installation. Additional features including surveillance cameras, monitors and DVRs are also required

8. In the event of transportation services involving distances that exceed the standard eight (8) hour workday to complete, the Contractor shall bill the overtime rate established in the contract for hours over eight (8) per day. The Contractor shall be reimbursed for related costs of lodging and meals in accordance with the Federal

Travel Regulations. Overnight lodging resulting from transportation services shall be approved in advanced by the COR or designated ICE official.

Any incurred overtime pay for such services will be reimbursed at the applicable

Department of Labor overtime rate for the transportation officer position incorporated within this contract.

The Contractor shall comply with U.S Department of Transportation (DOT) standards related to the number of hours the Contractor employee may operate a vehicle; e.g., On duty no more than fifteen (15) hours per day with at least eight

(8) hours off per shift; and with no more than 10 driving hours within the fifteen

(15) hour limit; no more than Seventy (70) hours in an eight (8) day period.

Overnight lodging resulting from transportation services shall be approved in advanced by the COR or designated ICE official.

9. Nothing in this agreement shall restrict the Contractor from acquiring additional vehicles as deemed necessary by the Contractor at no cost to the Government.

10. Hospital security posts shall be located in areas that provide constant visual and auditory surveillance of detainees and provide Officers with the capability to respond promptly to emergency situations.

11. Transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmissions and the state DMV Medical Certification. They also need to complete all security clearances and required training.

12. During all transportation activities, at least one transportation officer shall be the same sex as the detainee(s). No single driver of the opposite sex shall drive a single person of the opposite sex.

Section C, Page 11 of 100

13. The Contractor shall verify all paperwork that accompanies the detainees. This includes the verification of any property belonging to the detainee, any funds belonging to the detainee, and any medication prescribed by medical personnel to the detainee.

14. All transportation requests shall be forwarded via G-391 form (Official Detail).The

Contractor shall call the Baltimore Field Office upon receipt of transportation request (G-391). All transportation requests shall include verification that the requested detainees are confirmed and that include the number of individuals (I-216

Record of Persons and Property Transferred aka manifest) for transport by the respective Contractor.

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

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

II. Guard Services:

1. The Contractor agrees to provide stationary guard services on demand by the COR and shall include, but is not limited to, escorting and guarding detainees to medical or doctor’s appointments, hearings, ICE interviews, and any other remote location requested by the

COR. Qualified armed guard transportation personnel employed by the Contractor shall perform such services in accordance with its policies, procedures, and practices. The

Contractor agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control.

2. The Contractor shall authorize two (2) Officers for each remote location, unless at the direction of the COR or designated Agency official, additional officers are required.

D. Detainee Transportation - Hearings

The Contractor shall, upon order of the COR or DHS Officer, transport detainee(s) to locations specified for hearings. The Contractor’s officer shall provide the following guard coverage:

1. Maintain custody of the detainee while at the hearing;

2. Limit the detainees contact with the public, but not to his or her attorney;

3. Upon completion of hearings, transport the detainees to the detention site, or to a DHS Officer for processing.

Section C, Page 12 of 100

The COR or DHS Officer may provide the Contractor with documentation concerning the detainee(s) being transported to and from the hearing site. This material shall be kept confidential and shall not be viewed by any person other than a DHS or court official

E. Detainee Transportation –Holding Cell Coverage

The Contractor shall, upon order of the COR or DHS Officer, maintain security coverage of any detention area that is governed by the Baltimore Field Office concerning the movement of detainees. While detainees are located in the area, Contractor shall ensure they are escorted and/or placed in the appropriate secured holding cell while awaiting their hearing, interview, transport, or other ICE designated function. The officer shall keep the detainee under constant supervision until the detainee is released/removed or transported.

F. Detainee Transportation - Hospital

The Contractor shall, upon order of the COR or DHS Officer, or in an urgent medical situation, at the Contractor’s own decision - transport a detainee to a hospital. The officer

Shall keep the detainee under constant (24 hours per day) supervision until the detainee is ordered to be released from the hospital, or by order of the COR or ICE designee. The

Contractor will then transport detainee to the detention site. Only one (1) officer (of the same gender as detainee) is required for hospital details and the officer shall be armed

(firearms).

G. Detainee Transportation – Airports and Detention Facilities

The Contractor shall, upon order of the COR or DHS Officer, maintain security coverage of detainees during transport and while stationary when loading and offloading at Detention

Facilities and airport tarmacs for transfer of detainees. The Government will assist the

Contractor in obtaining tarmac access by providing a physical escort (government employee) or obtaining access badges.

Contractor Transportation Officers shall:

1. Escort and maintain custody of the detainee(s) under order of the COR or DHS

Employees.

2. Accompany detainees to Immigration Court hearings, or to an interview at a DHS office or other locations as necessary (hospitals, consulates, embassies, medical clinics, courts).

3. Prevent public contact or keep to a minimum.

4. Transport the detainee to and from a location(s) as identified by the COR or DHS

Officer.

5. Provide security for detainees admitted for medical care at local hospitals around the clock.

Section C, Page 13 of 100

H. GOVERNMENT FURNISHED VEHICLES

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.

2. The Contractor shall execute a “Hold Harmless and Indemnity Agreement” (Attachment

6) prior to authorization of use of any Government Owned Vehicle(s) and shall forward the completed agreement to the ICE Contracting Officer.

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 (CLIN), found in attachment 4.

Base Period

CLIN 0007 - Transportation Services Using Government Vehicles

Option Period One

CLIN 1007 - Transportation Services Using Government Vehicles

Option Period Two

CLIN 2007 - Transportation Services Using Government Vehicles

Option Period Three

CLIN 3007 - Transportation Services Using Government Vehicles

Option Period Four

CLIN 4007 - 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.

4. Baltimore 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.

Section C, Page 14 of 100

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.

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.

7. The Contractor shall provide a certificate of insurance coverage to the CO and COR, establishing that the Contractor maintains insurance coverage of the appropriate type and monetary value to permit their operation of GOV as specified in the PWS and Contract.

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

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.

10. Where the Contractor uses GOV’s, vehicle radios will be installed and maintained at government expense and shall be used by the Contractor during the course of their duties.

11. The Contractor shall promptly report any accidents or damage to the GOVs in accordance with ICE Management Directives and any other ICE policies that pertain to reporting such damage.

C.3. ANTICIPATED TRANSPORTATION ROUTES

The transport of detainees to and from various destinations by the contractor will be performed by the most economical and direct means, using traditional highways while being cognizant of local traffic conditions.

Section C, Page 15 of 100

Legend

(All locations listed below that are not marked with an * require within an hour pick up/response time)

Daily = 2 or more times per week;

Weekly = 2 or less times per week;

Periodic = as required

Routes ( include all sites visited per each route, including start and end points)

Estimated

Total

Miles Per

Route

Type of

Route

Vehicle

Type (bus, van, sedan)

Frequency

Westminster, MD to Frederick, MD to Jessup, MD to Baltimore, MD to

Jessup, MD to Frederick, MD to

Westminster, MD

Multi-

Stop

Van

Daily

Westminster, MD to Leonardtown, MD to Upper Marlboro, MD to

Annapolis, MD to Baltimore, MD to

Jessup, MD, to Frederick, MD to

Westminster, MD to Baltimore, MD to Cambridge, MD to Snow Hill*, MD to Baltimore, MD to Jessup, MD to Frederick, MD to

Westminster, MD to Cumberland*, MD to Hagerstown, MD to

Baltimore, MD to Jessup, MD to

Frederick, MD to Westminster, MD

Weekly

Baltimore, MD to York, PA to

Baltimore, MD

Round

Trip Van Daily

Baltimore, MD to Towson, MD to

Baltimore, MD

Round

Trip

Baltimore, MD to Rockville, MD to

Jessup, MD to Baltimore, MD

Baltimore, MD to Leonardtown, MD to Upper Marlboro, MD to

Baltimore, MD

Trip Van Daily

Baltimore, MD to Frederick, MD to

Baltimore, MD

Round

Trip Van Daily

Baltimore, MD to Annapolis, MD to

Baltimore, MD

Round

Trip Van Weekly

Baltimore, MD to Westminster, MD to Baltimore, MD

Round

Trip Van Daily

Salisbury, MD* to Snow Hill, MD to BWI Airport (Hanover, MD)to

Salisbury, MD

Van Daily

Section C, Page 16 of 100

Salisbury, MD to Cambridge, MD to

Dulles Airport (Sterling, VA) to

Salisbury, MD

Multi-

Stop Van Daily

Salisbury, MD to Denton, MD to

Snow Hill, MD to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Westover*, MD to

Snow Hill, MD to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Easton, MD to

Snow Hill, MD to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Chestertown, MD to Snow Hill, MD to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Centerville, MD to Cambridge, MD to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Snow Hill, MD to

Cambridge, MD to Baltimore, MD to Cambridge, MD to Salisbury, MD

Multi-

Stop Van Daily

Salisbury, MD to Snow Hill, MD to

Cambridge, MD County to JPATS

Harrisburg (Harrisburg International

Airport) to Salisbury, MD

Multi-

Stop Van Weekly

Salisbury, MD to Dover, Delaware

(Dover AFB) to Salisbury, MD

Multi-

Stop Van Periodic

Baltimore, MD to Washington, DC

(embassy) to Baltimore, MD

Round

Trip Van Periodic

Fairfax, VA to Farmville** VA 164 Round

Van Periodic

Salisbury, MD to Easton, MD to

Salisbury, MD

Round

Van Daily

The Ad Hoc locations listed below will rarely be used and at the discretion of the COR and/or designee. All ad hoc runs listed below will be approved prior to transportation detail.

There is an estimated wait time expected at detention facilities up to two (2) hours and up to three (3) hours at Airports/tarmac for transfer of detainees. Contractors shall modify the schedule to adjust for the expected estimated wait time. The itemized monthly invoice for such wait time shall state the number of hours that exceed the first two (2) hours. Such wait time shall be denoted as a separate item on submitted wait time provided at a negotiated rate.

Atlanta Field Office AOR per call as needed - Locations

Hospitals (Various)

ICE Detention Facilities (Various)

Airports (Various)

All Officers will be “Un-Armed” or armed as required by ICE, PBNDS.

Section C, Page 17 of 100

All transportation and guard officer’s gender requirement is preferred – one female/one male per female detainee.

Buffalo Field Office AOR per call as needed - Locations

Airports (Various) Airports (Various)

Officers gender requirement is preferred - one female/one male per female detainee.

Boston Field Office AOR per call as needed - Locations

Airports (Various)

Newark Field Office AOR per call as needed - Locations

Airports (Various)

New York Field Office AOR per call as needed - Locations

New Jersey Hospitals (Various)

Airports (Various)

Washington Field Office AOR per call as needed - Locations

New York Hospitals (Various)

Airports (Various)

C.4. PERSONNEL

The Contractor shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels. The Contractor shall assure that employees meet the standards of competency, training, appearance, behavior and integrity.

Section C, Page 18 of 100

Employee Conduct

1. The Contractor shall develop standards of employee conduct and corresponding disciplinary actions.

2. All employees shall certify in writing that they have read and understand the

Contractor standards. The Contractor shall maintain a record of this certificate.

3. The Contractor shall hold employees accountable for their conduct based on these standards, which are not restricted to, but shall include:

a. Employees shall not display favoritism or preferential treatment to one detainee, or group of detainees, over another.

b. Employees shall not discuss or disclose information from detainee files or immigration cases, except when necessary in the performance of duties under this contract.

c. The employee may not interact with any detainee except in a relationship that supports the approved goals of the facility. Specifically, employees shall not receive nor accept any personal (tangible or intangible) gift, favor or service, from any detainee, any detainee's family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give any gift, favor, or service to detainees, detainee’s family, or associates.

d. The employee shall not enter into any business relationship with detainees or their families (e.g. - selling, buying or trading personal property).

e. The employee shall not have any outside or social contact with any detainee, his or her family, or associates, except for those activities, which are part of the facility program and a part of the employee’s job description.

f. All employees are required to immediately report to the Project Manager or

DHS Supervisor any violation or attempted violation of these standards.

g. The Contractor shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COR.

Violations may result in employee removal from the contract. Failure on the part of the Contractor either to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the

Contractor to appropriate action including possible termination of the contract for default.

h. The Contractor shall not employ any person who is currently an employee of any federal agency, or whose employment would present an actual or apparent conflict of interest.

i. The Contractor shall develop and implement a comprehensive Sexual

Assault/Assault Prevention Program and Suicide Prevention Program for all employees performing services under this contract. The programs shall include training.

j. The Contractor shall comply with the Prison Rape Elimination Act (PREA) of

2003.

Section C, Page 19 of 100

Personnel Qualification Standards

The following standards apply to transportation and guard service positions:

1. The Contractor shall ensure each person, employed by his firm, has a valid Social

Security Card issued by the Social Security Administration.

2. The Contractor shall ensure each person is a United States Citizen or a lawful permanent resident, and possess a high school diploma, or equivalent (GED).

3. The Contractor shall not seek to utilize anyone on this contract that he knows has a criminal record.

4. In addition, each contract employee shall meet the following requirements to the satisfaction of the COR:

a. All employees shall be a minimum of 21 years of age.

b. All Contractor employees shall have as a minimum one year of experience as a law enforcement officer or military policeman or six (6) months experience as a security officer engaged in functions related to detaining civil or administrative detainees, or successful completion of a term of active military service of at least one (1) year with an honorable discharge.

c. Current gun permit to carry handgun in the State(s) listed to transport detainees.

d. CPR/First Aid certification

e. CDL required

5. Employees shall have at least one year of general experience that demonstrates the following:

a. The ability to greet and deal tactfully with the general public;

b. Capability of understanding and applying written and verbal orders, rules, and regulations;

c. Literate and interpret printed rules and regulations, detailed written orders, training instructions and materials;

d. Be able to compose reports;

e. Exercise good judgment, courage, alertness, an even temperament, and render satisfactory performance through knowledge of his/her position responsibilities;

f. Ability to maintain poise and self-control during situations that involve mental stress; such as fires, explosions, civil disturbances, and building evacuations.

g. Bilingual (Spanish speaking) transportation officers are highly desired.

Health Requirements

1. The following health requirements apply to transportation and guard service positions:

2. The Contractor shall assign only employees who are in good health to work under this contract. Employees shall be without physical defects or abnormalities that would interfere with performing duties.

3. All Officers who work under this contract shall pass a U.S. DOT medical examination conducted by a licensed physician within 30 days prior to initial

Section C, Page 20 of 100 assignment and as per U.S. DOT requirements thereafter; employees who currently work on the predecessor contract who have not yet reached their annual bi-annual physical requirement may work until their due date is reached.

4. If requested by the COR, the Contractor shall make TRAINING records of contract employees available for review.

5. The Contractor shall have utilized a fully licensed certified independent clinic and laboratory for the purpose of accomplishing the physical.

6. Prior to the officer’s initial assignment or reassignment to the contract the

Contractor shall certify in writing to the COR that each Officer is in full compliance with the following:

a. Officers shall be free from serious physical illnesses, ailments, or maladies, including epilepsy. This also includes other diseases that may be transmitted to and result in the disablement of other persons.

7. Any disease or condition, which interferes with a person’s vision or hearing which is not correctable, may be considered disqualifying. Exceptions will be reviewed on a case-by-case basis by COR.

8. The use of any hearing aid to comply with the medical standards is unacceptable.

Any disease or condition, which interferes with the ability to hear, may be considered disqualifying.

9. Officers shall not have heart, lung, skeletal, or other physical defects that would impair his/her ability to perform effectively in either normal or emergency situations.

10. Officers shall possess unimpaired use of hands, arms, legs, and feet.

11. Officers shall be able to run when necessary, be capable of handling portable fire extinguishers, and related equipment.

12. Officers shall be able to wear all necessary equipment, or other protective items.

13. Officers shall be mentally alert and emotionally stable with an absence of detectable neurotic or psychoneurotic conditions that would affect their ability to act during situations involving mental stress.

14. As required by the Occupational Safety and Health Administration; 29 CFR, Part

1910.1035 (Occupational Exposure to Tuberculosis), each employee shall have a

TB Skin Test Certificate prior to entering on his/her first day of duty. The

Contractor shall be responsible for re-testing of employees annually. Employees who currently work on the predecessor contract who have not yet reached their annual TB test requirement may work until their due date is reached.

15. The Contractor shall report immediately any changes in an Officers health status to the COR.

16. If the COR determines that Contractor employees do not meet minimum health standards, the Contractor’s employee shall undergo a “Fitness for Duty” examination at no cost to the Government.

Removal from Duty

If the COR or the Contractor receives and confirms disqualifying information concerning a Contractor employee, the Contractor shall, upon notification by the COR, immediately remove the employee from performing duties under this contract. The Contractor shall revoke the employee’s identification credentials and complete any required dispositions.

Section C, Page 21 of 100

The Contractor shall immediately notify the COR when the employee is removed from duty. Disqualifying information includes but is not limited to the following:

1. Conviction of a felony, a crime of violence, or a misdemeanor

2. Possessing a record of arrests for continuing offenses.

3. Falsification of information entered on suitability forms.

4. Non-payment of court ordered payments (child support, liens, etc.) or excessive delinquent debt as determined by credit check.

5. Misconduct or negligence in prior employment, which would, have a bearing on efficient service in the position in question, or would interfere with or prevent effective accomplishment by the employing agency of its duties and responsibilities.

6. Alcohol abuse of a nature and duration, which suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of others.

7. Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation.

8. The DHS may direct the Contractor to remove any employee who has been disqualified either for security reasons or for being unfit to perform their duties as determined by the COR or the Contracting Officer.

9. The Contractor shall take action immediately and notify the COR when the employee is removed from duty.

10. A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below:

a. Violation of the Rules and Regulations Governing Detention facilities set forth in DHS Publications entitled "DO Handbook";

b. Violation of the Rules and Regulations Governing Public Buildings and

Grounds, 41 CFR 101-20.3;

c. Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance;

d. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records;

e. Theft, vandalism, immoral conduct, or any other criminal actions;

f. Possessing, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects;

g. Unethical or improper use of official authority or credentials;

h. Unauthorized use of communication equipment or government property;

i. Misuse of equipment;

j. Violations of security procedures or regulations;

k. Recurring tardiness;

l. Possession of alcohol or illegal substances while on duty;

m. Undue fraternization with detainees as determined by the COR;

n. Repeated failure to comply with visitor procedures as determined by the COR;

o. Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, lack of diligence, good

Section C, Page 22 of 100 judgment, and/or good common sense resulting in, or contributing to, a detainee escape;

p. Failure to maintain acceptable levels of proficiency or to fulfill training requirements;

q. Changes in an employee’s ability to meet the physical and/or mental health requirements of this contract.

r. Contractor employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the investigation.

Tour of Duty Restrictions

The Contractor shall not…