DHS Medical Staffing - Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) HEALTH

SERVICE CORPS (IHSC)

FOR

MEDICAL STAFFING SUPPORT SERVICES

1.0 – GENERAL

The Government requires the contractor to provide a broad range of medical and administrative staffing support to the IHSC. IHSC’s mission is to provide the safe delivery of high-quality health care to those in ICE custody. IHSC is committed to ensuring a system of care that is ethical, responsible, and accountable through rigorous surveillance and monitoring activities.

DHS Support:

The Government requires medical, public health, and administrative staffing to support other DHS operational needs in the detained and non-detained environment to support DHS operations. DHS is committed to ensuring a system of care that is ethical, responsible, and accountable through rigorous surveillance and monitoring activities.

2.0 – BACKGROUND

IHSC has a multi-sector, multidisciplinary workforce of more than 1,600 personnel, including U.S.

Public Health Service (PHS) Commissioned Officers, federal civil servants, and contract staff.

IHSC provides on-site direct patient care to ICE detainees at approximately twenty (20) locations throughout the United States and manages the provision of off-site medical care for detainees housed in approximately 250 additional facilities. The ICE detained population is approximately 34,000 detainees per day, with an average length of stay of 30 days, and over 400,000 detainees annually. IHSC also provides medical support during ICE enforcement operations in the air, on the ground, and at sea, on a regular and ad hoc basis.

We serve a diverse, multi-cultural and multi-national population where greater than twenty (20) different cultures and languages may be encountered at any given site. The detained population often requires management consideration for facility placement stratified by risk, custody, gender, age, nationality, health, and other considerations.

IHSC is the health authority for ICE on all detainee medical matters. As such, IHSC manages and provides a range of medical, dental, mental health, pharmacy, radiology, and nursing care to maintain the health of adults and juveniles in ICE’s custody. IHSC adheres to nationally recognized standards of care for medical practice and is monitored by nationally recognized accreditation bodies and established ICE detention and residential standards.

DHS Support DHS takes a comprehensive approach to national security, public safety, and border security, which frequently includes healthcare operations. Individuals encountered by the DHS workforce while upholding the mission can present with an array of individual health and public health concerns. The DHS, Office of Health Security (OHS), led by the Chief Medical Officer, is the principal medical and public health authority for DHS across its several components ensuring adequate and standardized care for those in DHS custody and encountered during DHS operations. OHS supports an ever-expanding, dynamic, and complex health security landscape in support of DHS operational priorities through policy and operational support of medical services at the Department. Additionally, DHS components, including but not limited to ICE, U.S.

Customs and Border Protection (CBP), and U.S. Coast Guard (USCG), require medical staffing in support of DHS operations. As an example, CBP operates over 300 Ports of Entry (POEs)— like airports, seaports, and land crossings—for travelers and cargo, functioning as official gateways for legal entry into the U.S. This requires medical staffing services to support both the detained population, along with those encountered during DHS operations, such as a staff member in a DHS facility, DHS staff supporting operations, or a traveler experiencing a medical emergency in a POE.

DHS detained populations vary across the lifespan, sex, and medical risk, requiring an integrated, agile, and multidisciplinary healthcare delivery system, including the provision of urgent, emergent, preventative, and chronic care for a wide array of medical, dental, and mental/behavioral health needs. This includes providing pharmacy services, and care to high-risk populations including obstetric and pediatric populations.

3.0 – SCOPE

IHSC requires on-site healthcare staffing services to provide a broad range of health care services to ICE detainees twenty-four hours a day, seven days per week and 365 calendar days per year (24/7/365) (including all holidays). These services complement the existing federal workforce at the locations, including PHS officers and General Service (GS) staff. The scope of services shall be compliant with recognized state and national standards, IHSC defined scope of practice and with clinical practice guidelines associated with medical, mental and dental health, nursing, radiology, pharmacy, medical records management, other administrative professions and personnel licensing requirements where the facility is located. Scope of practice within each discipline shall also be compliant with current ICE and IHSC Policy, ICE and IHSC endorsed correctional standards, ICE and IHSC Directives and Memorandum, in accordance with federal and state laws/regulations. The contractor will manage and supervise all aspects of the contractor’s employment as further defined in this PWS.

DHS Support

DHS requires medical staffing to provide a broad range of services to DHS personnel, persons in custody (PIC) and, in some situations, to the public or other persons not in custody, up to twenty-four hours a day, seven days a week, at various locations throughout the United States (U.S.), U.S.

territories and CONUS U.S. military bases. These services provide short-term medical care and facilitate access to off-site higher-level care to support public health security and maintain the health of persons receiving care across DHS components in a variety of performance locations, including remote, mobile, temporary, contingency, and fixed facilities. Medical staffing may be required to operate outside of DHS facilities in support of operational needs and to ensure continuous medical care.

The contractor will provide medical staffing services and administrative and program management support necessary to maintain safe and secure healthcare operations as specified in the subordinate task order. This may include:

• Clinical and support personnel, including but not limited to: Physicians, Physician Assistants/Nurse Practitioners, Registered Nurses, Licensed Practical Nurses, Pharmacists, Emergency Medicine Physicians, Emergency Medical Services Clinicians, Certified Medical Assistants, and Certified Nursing Assistants, Allied Health Professionals, Chaplains, Behavioral Health Providers, to include Social Workers and Mental Health Professionals, Dentists, Dental Hygienists, Executive Assistant, Program Support Staff, and Program Manager.

• Access to real time, on demand consultation with specialized medical subject matter experts who can serve as advisors providing support to clinicians in facilities, such as Pediatricians, Obstetricians and other medical specialists.

• Temporary, surge and specialized staffing solutions capable of meeting urgent or unplanned needs and/or gaps.

• Remote and/or on-call health services may be authorized to meet mission needs and may include the following: telehealth/telemedicine, behavioral health services, and virtual consultation support where feasible and as operationally appropriate.

The scope of services shall be compliant with recognized state and national standards, DHS defined scope of practice, and clinical practice guidelines associated with the licensing requirements where the services will take place. Medical services will be available to all populations, including but not limited to adults, children, adolescents, individuals with disabilities, pregnant women and those with chronic illnesses.

4.0 – APPLICABLE DOCUMENTS

The contractor shall fully comply with the most current versions of the following for the duration of the contract:

• The Immigration and Nationality Act (INA) as amended, 8 U.S.C. 1101 et seq.

• Homeland Security Act of 2002 (HSA), as amended

• Title 8 Code of Federal Regulations (CFR), as amended

• Occupational Safety and Health Administration (OSHA) as applicable

• Prison Rape Elimination Act (PREA)

• State Welfare Codes

• State Licensing Boards as applicable to all labor categories where IHSC is located.

• State Departments of Health or other governing entities as appropriate

• National Commission on Correctional Health Care Standards (NCCHC), where applicable.

• American Correctional Association (ACA), where applicable.

• ICE Performance Based National Detention Standards (PBNDS) 2011 (and associated revisions), as established for each facility

• ICE Family Residential Standards (ICE FRS) - Residential and Family Residential

Facilities, where applicable

• ICE Codes of Conduct

• ICE Joint Intake Center (JIC) Reporting Guidance.

• Current ICE and IHSC Policy, Directives, Guides and Memoranda

• IHSC Medical By-Laws

• DHS Directive 248-01, Medical Quality Management

• DHS Instruction 248-01-001, Medical Quality Management

• DHS Policy Directive 248-02 (Revision 01).

• DHS Health Care Provider Credentialing and Professional Practice Memo dated March

22, 2024

The Government reserves the right to adjust this list at any time based on changes in mission, detainee health care needs, legislation, or other circumstances that dictate changes in practice. The contractor will be in compliance with the above-referenced documents for the duration of the contract. The contractor may request a waiver or time extension for compliance with changes when allowable. To do so, the contractor shall submit a waiver request to the Contracting Officer (CO) and Contracting Officer Representative (COR) in writing. After consultation with IHSC and at the CO and or COR’s discretion, waivers and time extensions will be considered on a case-by-case basis.

Additional guidance in support of DHS operations:

• CBP and ICE Joint Intake Center (JIC) Reporting Guidance

• CBP National Standards on Transport, Escort, Detention, and Search (TEDS)

• DHS and DHS Component Codes of Conduct, Policy, Directives, Issuances, Guides, and Memoranda relating to care-in-custody standards

• National medical professional society and specialty organization standards

• State Licensing Boards where DHS operates

5.0 – SPECIFIC TASK REQUIREMENTS

The task requirements identified in this section contain the functional areas the contractor will be specifically measured by to determine general contract compliance, however not all items in this section will be measured in the Quality Assurance Surveillance Plan (QASP). The performance requirements, performance measures, method of surveillance, acceptable quality level (AQL) and any associated withholding or deduction criteria are contained in Attachment 02 - Quality Assurance Surveillance Plan (QASP).

These specific task requirements will also apply to the added DHS Support requirements and DHS QASP. Where IHSC is listed in Section 5 of this PWS, DHS requires the same level of support to other DHS operations where medical staffing services are needed, to include, but not limited to CBP, OHS, USCG and other DHS operations.

5.1 Task 1: Contract Medical Staff Qualifications:

The contractor is responsible for providing fully qualified staff as defined by each position descriptions in Attachment 04 - Position Description and the requirements set forth in this PWS. Only fully qualified candidates, or those that have been granted a waiver by the Government (per Section 5.1.2) may be submitted to the Personnel Security Unit (PSU) for electronic questionnaires for investigations processing (e-QIP) initiation.

DHS Support: The contractor is responsible for providing fully qualified staff as defined by each position descriptions in Attachment 04 - Position Description and Attachment 04A – Additional Position Descriptions and the requirements set forth in this PWS. DHS Support:

the department reserves the right to add specializations for instances where there is an operational need to meet medical service obligations and will be further defined at the task order level.

5.1.1 Positions Descriptions

A description for each labor category under this contract is listed in Attachment 04 - Position Descriptions. The purpose of the position description is to describe the qualifications, major duties, and responsibilities of each position, and not to spell out in detail every possible in scope activity required during the workday. All health care disciplines require critical thinking, flexibility, or clinical leadership to support the safe delivery of quality healthcare. Contract staff shall perform their duties and responsibilities in a manner that is consistent with the scope of their professional discipline, licensure/certification, and position description.

5.1.2 Waivers for Less than Fully Qualified Candidates

If the contractor is unable to recruit a fully qualified candidate, a waiver to the position description qualification requirements may be considered by the Government. This will be done on a case-by-case basis at the Government’s discretion. The Government will only consider a waiver after the contractor has submitted the request in writing to the COR or designee with a justification and summary of the request. All waiver requests and waivers granted must be provided in writing and tracked by the contractor and available to the Government upon request for the duration of the contract. The amount of waivers requested and granted will be measured in the QASP.

For nursing positions only (Registered Nurse (RN) and License Vocation/Practical Nurse (LVN/LPN)), in circumstances where a waiver is requested and approved, solely for the requirement of a minimum of one-year experience in a hospital, medical office, or outpatient clinical setting, the contractor shall also invoice at the corresponding “Junior” bill rate until the employee has achieved the minimum experience required in the associated position description.

Note: These “Junior” positions will still be tracked as waived for the Contract Medical Staff Qualifications in Attachment 02 - QASP.

5.2 Task 2: Continuity of Medical Staffing Support

The contractor shall provide qualified staff according to the Site Staffing Plan (Task Order Attachment 01). The Site Staffing Plan provides the number of full-time equivalent positions, defined as 2080 hours per full-time equivalent (FTE), per contract year required at each site by labor category.

For certain positions, such as nursing (RN and LVN/LPN), the contractor may fill each FTE with a reasonable number of qualified staff as required to support mission success. In these circumstances, the contractor shall provide sufficient staffing to meet the Shift Requirements Document (Task Order - Attachment 02). Additionally, all staff (including pool and part time staff) shall work with sufficient frequency to maintain their effectiveness to provide services at a necessarily high level of operational performance. This includes keeping an active PIV card, eCW access, operational training, clinical guidance and policy updates, etc.

DHS Support: For DHS operations, this would include keeping an active PIV card, electronic medical records access, operational training, clinical guidance and policy updates, etc. in order to complete their job duties. This requirement would extend to other medical staffing positions beyond the RN and LVN/LPN positions and would be explained in the task order when issued.

5.2.1 Task Order Staffing Levels

The Government requires 100% of the FTE positions filled in accordance with Site Staffing Plan. The AQL for task order wide staffing in aggregate shall not fall below 92% for any calendar month. AQLs are established in the QASP.

5.2.2 Site Staffing Levels

For each site the Government requires 100% of the FTE positions filled as per the most recent contract requirement. Total staffing levels for any individual site shall not fall below 92% for large sites (sites ≥30 FTE) and 80% for small sites (sites <30 FTE) any one calendar month. AQLs are established in the QASP.

5.2.3 Shift Staffing Levels/Shift Requirements Document

The contractor will provide staff according to each sites’ specific Shifts Requirements Document, (Task Order - Attachment 02). Government Technical Monitors (GTM) and Contract Services Managers (CSM) at each site will follow the timelines established in the Schedule Submission Calendar (Attachment 07).

On a monthly basis, the contractor shall complete and submit to the GTM the Shifts Requirements Document (Task Order - Attachment 02); identifying and communicating to the Government where contract shifts are filled or unfilled.

Contractor employees shall not be scheduled or work a single shift that is sixteen (16) hours or longer at any time. In times of national disasters, national emergencies, or type similar events, the Government may withdraw this direction either orally or in writing. Additionally, if at any time, any GTM directs a contract employee to work an extended shift, the contractor shall notify the COR in writing explaining the circumstances and direction that was received.

5.2.4 Other Staffing Requirements

The elements identified below are required for duration of the contract.

5.2.4.1 Coverage Plan for Extended Absences (Deliverable 6)

For any contract staff occupying an FTE, in whole or in part, the contractor shall describe in detail, a coverage plan for sick, annual, emergency, Family Medical Leave Act (FMLA), leave of absence (LOA), paid time off (PTO), Military, or any other occasion that may result in absence from work for 14 consecutive days, or longer. The plan must include at a minimum the following:

1. Staff name and associated position code

2. Reason for absence

3. Duration of absence

4. Coverage plan

5. Communication plan

A position which has an extended absence for over 30 days shall be determined to be “vacant” and recorded as such in the Site Status Report.

5.2.4.2 Backfill for RN and LPN/LVN Callouts (Deliverable 7)

In the event a contract RN or contract LPN/LVN call out for their shift, the contractor shall provide backfill coverage for that shift. As soon as practical, the contractor shall notify the local GTM of the call out and the status of the backfill. GTM notification should be provided once a backup has been confirmed, or that no backups can be established, and the shift will be unfilled.

Successful backfill is defined as the following:

• 6 hours of an 8-hour shift

• 8 hours of a 10-hour shift

• 10 hours of a 12-hour shift

If approved, in advance by the local GTM in writing, a shift may not require backfill.

The contractor is only required to backfill its own staffs call-outs; however, the Government may request the contractor to backfill federal nursing staff call outs to meet mission needs.

The contractor shall document and track all nursing call outs and the status of backfill on the Sites Status Report.

DHS Support: DHS Components may have additional backfill requirements at the task order level to include other healthcare professionals (e.g., APP, RN, LVN, support staff

(EMT)).

5.2.4.3 Position Codes

The Government will assign a position code for each FTE. The contractor may fill an FTE/position code with more than one person but shall list all persons that fill an FTE under a position code. The contractor shall maintain this information accurate and up to date on the Site Status Report.

When candidates have not cleared PSU within 45 calendar days of complete e-QIP packet submission to PSU, the contractor shall submit additional candidates to fill that vacancy.

5.2.4.4 Site Visit Requirement

Site visits by qualified candidates are a prerequisite to submitting a request for e-QIP initiation. The Government will not accept any new hire that has not participated in a site visit conducted by the CSM, or designee, as part of the recruitment process unless approved by COR in writing. Site visits will be arranged in advance and conducted by the CSM, or designee, who will provide no less than 3 business days’ notice to the GTM prior to the site visit. The CSM will be responsible for meeting the local requirements for visitors as per the local facility’s policy.

DHS Support: DHS operations reserve the option of waiving this requirement at the Task Order level if operational needs do not require a site visit prior to initiating e-QIP for new hires.

5.2.4.5 Start Dates

The contractor shall start staff within 30 calendar days of receiving a preliminary favorable fitness determination. The contractor will submit to the CORs a written justification for any candidate that expects to start past 30 days of receiving a preliminary favorable fitness determination.

5.2.4.6 Changes in Staffing Levels

Staffing at current locations may be increased, reduced, or discontinued in whole as the result of the federal Government mission changes. The Government will advise the contractor of such a change via technical direction or contract modification and in the case of reduction or discontinuation of a filled position, will provide 30 calendar days post modification signature or as per any applicable transition plan.

5.2.4.7 Addition or Removal of Facilities

Changes in the staffing levels for IHSC may be impacted by addition and/or subtraction of detention centers by ICE ERO or changes to IHSC’s Concept of Operations. If additional IHSC facilities are established, the contractor shall, upon notification by the CO and addition of sufficient funding via modification, provide appropriate staffing as described above.

The transition period for personnel to be cleared and available for training for new sites and/or modification of staffing level shall be no later than the original transition period for the base award. The transition period shall begin either at notification of facility opening date or modification date.

DHS Support: Changes in the staffing levels for other DHS facilities may be impacted by addition and/or subtraction of detention and non-detention environments for DHS operations. If additional DHS facilities or locations for operations are established, the contractor shall, upon notification by the CO and addition of sufficient funding via modification, provide appropriate staffing as described above.

5.2.4.8 Departures and Exit Interviews

The contractor shall conduct an exit interview with each contract employee and provide a reason for either resignation or termination on the Site Status Report. Additionally, the contractor will document completion of the contractor Employee Separation Clearance Checklist - Attachment 14, for each contract staff that separate from the contract to the COR and associated GTM.

5.2.4.9 Federal Staff Vacancies

The Government may request the contractor to fill mission critical shifts due to a federal staff vacancy.

5.3 Task 3: Competency Assessment / Peer Review / Collaborative Practice and Prescriptive Authority Agreements The contractor is responsible for and shall ensure compliance with, and monitoring of, all state licensing board requirements for all contract applicable labor categories.

All staff shall successfully complete the Facility Orientation Checklist within 90 days of hire.

Initial and annual Competency Assessment (or Peer Review, as applicable) are detailed in Attachment 08 - Competency Assessment by Position Description.

The contractor shall monitor, track and document successful completion of the following, as applicable:

1. Competency Assessments / Peer Review

2. Contractor applicable elements within Facility Orientation Checklists

3. Collaborative Practice and Prescriptive Authority (CP/PA) Agreements

The documentation/forms used and process for completing items above will be directed by the current IHSC Credentialing and Privileging Directive, the current Multidisciplinary Peer Review Directive, and the annual competency training schedule at each facility locally.

DHS Support: The documentation/forms used and process for completing items above will be directed by DHS Component’s Credentialing and Privileging Directive, the current Multidisciplinary Peer Review Directive, and the annual competency training schedule at each facility locally. DHS Components will set timeline completion requirements at the Task Order level.

5.3.1 Failure to Complete Competency Assessment

Any extensions beyond 90 calendar days due to a failure to demonstrate competency will require written consent from the IHSC assessor. The contractor must submit a written justification and plan to achieve successful competency assessment in a prompt manner. If justifications or extended delays are deemed to indicate low probability of successful completion as determined by the assessor, IHSC may request removal of the individual from the facility.

DHS Support: Any extensions beyond 90 calendar days due to a failure to demonstrate competency will require written consent from the DHS Component’s assessor. The contractor must submit a written justification and plan to achieve successful competency assessment in a prompt manner. If justifications or extended delays are deemed to indicate low probability of successful completion as determined by the assessor, the DHS Component may request removal of the individual from the facility.

5.3.2 Collaborative Practice and Prescriptive Authority (CP/PA) Per the QASP (Attachment 02), within 90 days of the start date, contractor Advanced Practice Providers shall be covered under an appropriate CP/PA Agreement (Attachment

13) with a contractor physician. The contractor shall provide contractor physicians and psychiatrists to ensure compliance with the appropriate federal/state/local CP/PA requirements. The contractor is wholly responsible to ensure compliance with applicable laws/policies/regulations.

Based on staffing and facility changes, the contractor shall update the proposed Collaborative Practice Agreement / Prescriptive Authority Plan (Deliverable 8) as needed.

There may be times where a contractor is required to provide a CP/PA for their staff, but a physician/psychiatrist is not required under the Site Staffing Plan.

As an emergency backup, Government physicians and psychiatrists may serve as alternates to ensure compliance and continued support to cover for contract vacancies, however the contractor wholly owns the process and requirement to provide the necessary contractor coverage. Use of the emergency backup will not be reported as satisfying the associated QASP metric.

DHS Support: The contractor shall adhere to the same obligations and response times for the QASP (Attachment 2).

5.4 Task 4: Credentialing, Privileging and Collaborative Practice Agreements Credentialing, privileging and collaborative practice documents, such as certifications, degrees, licensing, etc. shall be provided by the contractor to the Government according to the timelines specified in the QASP and IHSC Policy. The contractor shall monitor and manage credentialing, privileging and Collaborative Practice Agreement requirements for contractor employees and must provide updates as requested/required to IHSC.

DHS Support: Credentialing, privileging, and collaborative practice documents, such as certifications, degrees, licensing, etc. shall be provided by the contractor to the Government according to the timelines specified in the DHS QASP and Policy. The contractor shall monitor and manage credentialing, privileging, and Collaborative Practice Agreement requirements for contractor employees and must provide updates as requested/required to the DHS Component executing the Task Order.

5.5 Task 5: Pediatric Immunization Program

Where IHSC operates within Family Residential Centers (FRC), the ICE Family Residential Standards apply. In accordance with Operations Memorandum (OM) 15-013, the Government utilizes the recommended guidelines from the American Academy of Pediatrics (AAP) and the Advisory Committee on Immunization Practices (ACIP) to develop an immunization schedule.

The contractor staff shall provide the clinical services to meet the OM timeframe and provide appropriate vaccinations in accordance with the Center for Disease Control (CDC) catch-up schedule.

The position descriptions listed below relate to Immunization Programs and may be required at Family Residential Centers:

• Advanced Practice Provider: Pediatric Nurse Practitioner – Immunizations

• Licensed Vocational/Practical Nurse – Immunizations

• Registered Nurse - Immunizations

5.5.1 Vaccine for Children Program

IHSC works with the CDC Vaccine for Children Program in states where Family Residential Centers are located. The position descriptions above shall adhere to, comply with and follow the requirements established by the Vaccine for Children Program established by the state where the FRC is located.

DHS Support: If DHS operations call for the detention of children, the Government will use recommended guidelines from the American Academy of Pediatrics (AAP), the Advisory Committee on Immunization Practices (ACIP) and (ACOG) the Center for Disease Control (CDC) to develop an immunization schedule. The contractor staff shall provide the clinical services to meet the Department timeframes and provide appropriate vaccination schedules.

5.6 Task 6: Surge Support

Contractor personnel may be involved in emergency situations, such as a mass migration event or evacuations due to natural and man-made disasters. In emergency situations the contractor shall continue to provide services to detainees/residents but also may be required to provide services to ICE and facility employees. During an emergency, as directed by the GTM and/or COR, the contractor shall provide the same scope of services and staffing personnel allotments as during normal operations unless the facility is uninhabitable or condemned. With the occurrence of an emergency potentially impacting the ability to perform to the specifications of the contract, the CO shall have the sole discretion to modify performance measures for that time.

Contractor personnel shall participate in all emergency drills as per facility regulations.

The contractor shall continue to provide support, on an ad hoc basis, to maintain operations during detainee surge movements, support planned movements and other emergency requirements, as needed. This may include, but is not limited to, increased patient census, relocation of patients, or implementation of alternative schedules. The contractor shall provide experienced, trained, and competent medical personnel to support patient care that may be required in any of the IHSC detention facilities. Personnel supporting these emergency response events must be available to travel to the designated location within 72 hours of notification by the COR. This subtask will be initiated against the surge and travel contract line item numbers (CLINs) by the COR or IHSC Assistant Director and approved by the COR.

Staffing for this requirement will likely vary based on the size and duration of the event. Such events can vary in length of time based on the magnitude or severity of an event. Multiple events are anticipated throughout the year (e.g., measles, mumps cohorts), but major events that require significant supplementation of staff are not as frequent.

Provision of staff to support special event or surge activities must not put routine operations at risk. This includes the location of the event as well as any of the other locations administered by the contract. Use of staff from other operational locations to supplement the location of the event should be minimized. Plans to provide support for events or surge activities by utilizing current staff from operational facilities will be presented to the COR for approval prior to deployment.

The contractor shall provide the COR with labor, travel, and per diem cost information for personnel deployed in support of special event and/or surge operations for approval prior to the event.

DHS Support: The contractor shall provide the same services for DHS staff and facility employees to support emergency situations outlined in this section. This subtask will be initiated against the surge and travel contract line item numbers (CLINs) by the COR or authorized DHS officials and approved by the COR.

The contractor may also be involved in preparation for large scale special events and shall provide enhanced medical support for DHS personnel to include law enforcement assigned to event security and operational duties. This will include deploying experienced medical staff to address potential injuries, illnesses, or other health concerns that may arise due to the increased operational tempo and large crowds associated with the event. The contractor will coordinate with the COR to ensure medical personnel are available at designated locations, including stadiums and event venues, within 72 hours of notification. Medical support will encompass onsite triage, emergency care, and routine health services to maintain the wellbeing of DHS personnel and law enforcement officers throughout the duration of the special events 24/7. All staffing and resource plans for special events (e.g. America’s 250th celebration events, FIFA, etc.) will be submitted to the COR for approval prior to deployment.

6.0 – TRAVEL DUE TO CRITICAL STAFFING SHORTAGE

In response to critical staffing needs, the contractor shall provide personnel to temporarily fill vacant contract positions or provide mission support away from their assigned duty station. Critical staffing situations that result from contractor vacancies are the responsibility of the contractor. If the contractor cannot meet the staffing needs with existing resources, the contractor shall coordinate and fund travel of contractor staff to support the facility.

6.1 Government Funded Contractor Travel

The Government will reimburse travel for contractor temporary duty (TDY) only if the Government initiates a request for contractor staff support. This type of request would typically occur when the Government identifies a staffing need that exceeds the current positions on the contract. Prior written approval by the Government for all TDY travel is required. A pre-authorization form will be required for all TDY travel at least 14 calendar days in advance of travel. If emergency travel is requested, the contractor shall provide the pre-authorization form to the COR as early as possible, but no later than 24 hours after the emergency travel has begun.

The contractor shall accomplish all travel required in accordance with DHS/IHSC Travel direction/Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, and the substantive provisions of the Federal Travel Regulation (FTR), as applicable, and consistent with the not-to-exceed (NTE) amount specified for the travel CLIN. The FTR may be located and downloaded from www.gsa.gov/federaltravelregulation. Authorization shall only be provided by the COR or the CO. All requests for travel authorization shall include:

1. The name of the traveler

2. Destination (s) including itinerary

3. Purpose of the travel

4. Estimated Cost breakdown

Travel invoices shall be submitted no later than thirty (30) calendar days from the last day of the travel period. All paid receipts, including, but not limited to, carrier invoices, signed boarding passes, checked luggage fee receipts, hotel/lodging receipts, car rental receipts, gas receipts, etc., as required under the FTR, shall accompany invoices. Unsubstantiated travel costs will be rejected.

DHS Support: In support of DHS operations and government funded contract travel, the contractor shall accomplish all travel required in accordance with DHS Travel direction/Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, and the substantive provisions of the Federal Travel Regulation (FTR), as applicable, and consistent with the not-to-exceed (NTE) amount specified for the travel CLIN.

7.0 – REPORTING CONTRACTOR STAFF CONDUCT/PERFORMANCE USING THE

TIER COMMUNICATION SYSTEM

The contractor has sole responsibility for supervising and directing their employees and sub-contractors for the period of this contract.

7.1 Contractor Standards of Conduct - General

The contractor shall have a standards of conduct policy. The contractor shall require and provide written documentation verifying each employee has read, understands, signed, and will comply with, a contractor standards of conduct policy. Contract staff shall acknowledge https://icegov.sharepoint.com/sites/ihsc/scmp/CORDocuments/IDIQ%20Procurement/2022%20Medical%20Staffing%20PWS%20Draft%20Documents/www.gsa.gov/federaltravelregulation that violation of these standards may result in immediate removal from the facility. This acknowledgement shall be maintained in the onsite training file by the contractor.

The contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The contractor shall ensure contractor employees always present a professional appearance and that their conduct shall not reflect discredit on the United States or the DHS. The Project Manager, Deputy Project Manager and Contract Services Managers shall ensure contractor employees understand and abide by DHS established rules, regulations and policies concerning safety and security.

Disruptive behavior on the part of any contract staff, harming a detainee or other personnel, or threatening to harm another is grounds for immediate removal from the facility.

The contractor shall immediately remove its employee or subcontractor employee from performing duties under this contract and comply with further guidance from the CO upon learning of adverse or disqualifying information. The contractor shall not submit, and the Government shall not pay for invoiced hours for a contractor on administrative leave due to any actions potentially in violation of the standards of conduct.

Contractor personnel identified as potential security risks may be immediately removed from the facility at the discretion and direction of on-site security personnel, GTM or COR. The contractor, its subcontractors and their employees are required to fully participate in clinical or personnel investigations.

Contractor staff shall be prohibited from providing legal advice to detainees and from interfering with detainee’s immigration status proceedings or the execution of final orders of the immigration court. Contact with detainees or any detainee’s family member outside the facility is strictly prohibited during custody. Furthermore, any contract staff with a relationship with detainee or detainee’s family is required to report such relationship to the employer immediately (within 24 hours) and the contractor shall report such information to the COR immediately (within 24 hours of report) for awareness and further action as necessary.

The contractor’s personnel shall have no direct or indirect contact with the news media, including free-lance reporters, and will report to the contractor any contact or attempt of contact within 24 hours of knowledge of any such incident. The contractor shall notify the COR and the CO of any media contact or attempts to be contacted. The notification shall identify the methods of contact including voicemails, emails, letters, notes or any other tangible forms, or a detailed description of any face-to-face attempts.

At no time shall a contractor’s employees nor its subcontractor’s employees make statements or represent themselves as a federal Government employee to include but not limited to, using any social media platform.

The contractor is responsible for and shall provide immediate written notification to the on-site GTM, et al., of any issue concerning the potential violation of their conditions of employment, by any of its employees providing services at IHSC facilities.

Failure on the part of the contractor to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the contractor to appropriate action, up to and including termination of the contract for default.

DHS Support: the contractor is responsible for providing the same services for DHS operations. The contractor is responsible for and shall provide immediate written notification to the on-site GTM, et al., of any issue concerning the potential violation of their conditions of employment, by any of its employees providing services at DHS facilities or workstations.

7.2 Tier Communication System

The Government shall notify the contractor utilizing the “Tier Communication” system upon learning of any poor performance or conduct that violates ICE/IHSC policy, procedure, or standards of conduct.

The contractor shall enter Tiers into the Site Status Report within the next issuance of the next report.

DHS Support: The Government shall notify the contractor overseeing agency’s performance communication system upon learning of any poor performance or conduct that violates DHS Component’s policy, procedure, or standards of conduct.

The contractor shall enter any situation status reports into the contracting agency’s performance communication system in a timely manner as designated by the contracting agency’s task order.

7.3 Reportable Incidents to the ICE Joint Intake Center (JIC) Certain events or incidents must be reported to the ICE JIC in accordance with US ICE Joint Intake Center memorandum, which shall be provided after award.

DHS Support: Certain events or incidents must be reported to the DHS Component’s JIC in accordance with governing memorandum, which shall be provided after award.

7.4 Administrative Leave During Investigation and No Contact Orders Detainee allegations will be investigated by the appropriate jurisdiction. During this time a contract staff member may be placed on administrative leave pending the outcome of the investigation. The Government will not be invoiced for staff placed on administrative leave.

Additionally, during an investigation, staff may be under a “no contact order” by ICE during which time the identified contract staff may have no contact with the detainee.

DHS Support: Detainee allegations will be investigated by the appropriate jurisdiction. During this time a contract staff member may be placed on administrative leave pending the outcome of the investigation. The Government will not be invoiced for staff placed on administrative leave. Additionally, during an investigation, staff may be under a “no contact order” by the responsible DHS Component during which time the identified contract staff may have no contact with the detainee.

8.0 – TIMEKEEPING

Contractor employees will utilize the Government supplied timeclock and timecards or other approved Government timekeeping system that may be in place, each day of work. To support invoice payment, all contract employees will be required to use the issued timecard or equivalent to “clock in” when reporting to work and “clock out” when leaving at the end of the shift. Each contractor employee may be required to “clock out” for meal breaks and “clock in” upon returning to work if there is concern, as presented by the GTM, about the staff’s timely return from their 30-minute meal break. Upon hire, contractor staff members must be provided training by the CSM on the use of the timeclock or its equivalent. In the event that the timeclock, or its equivalent, is non-operational, the GTM on-site will manually input the required times on the timecard or otherwise document hours worked. This issue must be reported in writing by email to the GTM within 24 hours of occurrence.

8.1 Timecards

The Government supplied timecard shall be the responsibility of the contract staff. Time not verified by the timecard or adequate substitute will not be invoiced to, or paid by, the Government. The Government supplied timecard must be signed and dated by the contract employee and must be presented to the GTM, or their designee, on a weekly basis.

To mitigate the risk of timekeeping technical errors or lost timecards, all contractor employees shall ensure their timecard is placed in a secure area and will not be taken off site.

It is the responsibility of the contractor employee to secure the Government-issued timecard.

If the timecard is lost, the contractor shall justify the loss in writing within 24 hours of occurrence and submit to the local Technical Monitor via the CSM.

The government timekeeping system is how hours worked are verified. If the GTM does not have the data (timecards or equivalent) hours cannot be verified. Exceptions may be granted on a case-by-case basis by the CO.

The CSM cannot validate time on behalf of other contract staff. Hours worked can only be verified by a local GTM. If staff fails to punch in or out for a shift, they must notify the GTM as soon as possible via email so that the GTM may attempt to validate hours worked. The GTM is not required to seek external supporting documentation to validate contractor hours worked, such as from the facility’s security vendor.

8.2 Seven-Minute Grace Period

A seven-minute grace period may be used by a contract employee to avoid a late clock-in or clock-out for a scheduled shift under certain limited circumstances. The intent of this seven-minute grace period is to accommodate an employee that does not have immediate access to the timeclock by the beginning or end of their scheduled shift (e.g., line of employees at the timeclock). This seven-minute grace period does not apply for any other instances requiring the employee’s use of the timeclock (e.g., approved breaks/meals or end of shift). This grace period only applies at the beginning or end of a contract employee’s shift; up to seven minutes after the scheduled start or end time.

The seven-minute grace period does not apply to billable time before scheduled shift start or end times and does not apply to time before or after the shift ending time. The seven-minute grace period does not apply to the time prior to a shift ending. At no time shall the use of the timeclock result in unapproved overtime. All overtime requires the appropriate government pre-approvals in accordance with Government and contractor policy. Excessive use of the seven-minute grace period by contract employees will be monitored and appropriate disciplinary action may be taken in accordance with the contractor’s established rules regarding excessive absenteeism/lateness.

Please see the below table for reference:

Scheduled Shift Start

Time

Actual Clock in Time Description Time recorded on e-timesheet

0700 Any time before 0700 If authorized and working Actual start time occurring before 0700

0700 Any time before 0700

If not authorized and not working 0700

0700 0705 Within 7 min 0700 0700 0710 Outside 7 min 0710

Scheduled Shift End

Time

Actual Clock out Time Description Time recorded on e-timesheet

1700 Any time after 1700 If authorized and working Actual time occurring after 1700

1700 Any time after

If not authorized and not working 1700

1700 1705 Within 7 min 1700

8.3 E-Timesheets

Contract staff are required to complete monthly e-timesheets in addition to their paper timecards (Attachment 10 - e-Timesheet). Staff will transpose the start and end times for each calendar day worked from their timecards on to the Government provided e-timesheet using a 24-hour (military) method. They will make appropriate adjustments for the “Seven-Minute- Rule” and note any other issues if necessary, in the space provided and then PDF and digitally sign the e-timesheet.

The CSM will review and ensure the accuracy of the e-timesheets completed by the staff using the timecards and submit the completed and digitally signed e-timesheets and corresponding timecards to the GTM for their review and signature. The GTM will review and sign the verified e-timesheet.

DHS Support: DHS Components may establish at the Task Order level alternative methods and frequencies for the submission of e-timesheets based on operational needs.

9.0 – PRE-INVOICE PREPARATION

The contractor shall invoice the Government for staff hours worked monthly.

Monthly invoices and supporting documentation will be submitted together as one submission to Invoice Consolidation for processing as per the requirements noted in G-4: INVOICES /PAYMENT. Additional requirements for invoice preparation are outlined below.

9.1 Hours Worked List

An excel document shall be provided to the CORs from the contractor on the fifth (5th) business day of the month for the previous month’s hours worked.

9.2 Preliminarily Hours Worked Verification Report

An excel document shall be provided to the contractor from the CORs on the thirteenth (13th) business day of the month with a preliminary list of hours worked for the month.

9.3 Adjustments Report

An excel document shall be provided to the CORs from the contractor on the eighteenth (18th) business day of the month with discrepancies between the hours worked the Government reported and the hours worked contract staff reported to the vendor. The vendor shall provide supporting documentation which are the e-timesheets signed by the GTM authorizing the adjusted hours worked.

9.4 Hours Worked Verification Report

An excel and pdf of same name shall be provided by the Government to the contractor on or before the twentieth (20th) business day of the month. This will be used as supporting documentation for invoice payment.

10.0 – INVOICE PREPARATION

The contractor shall provide the following information with invoice submission:

1. Invoice Cover Page This pdf document will include:

• full name of the awarded contractor,

• address,

• phone number,

• date of submission,

• period of performance,

• invoice number,

• TIN number,

• DUNS number,

• billed to name and address,

• contract number,

• order number…