2.4.1-A00005 RFP Attachment 1 PWS Conformed.pdf

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

Section C

Performance Work Statement Migrant Operations Center (MOC) at Naval Station Guantanamo Bay, Cuba

I. EXPLANATION OF TERMS/ACRONYMS

1. Classification - A process for determining the status for migrant cases and their disposition, which would then determine needs and requirements of those migrants including assigning them to housing units and programs according to their status.

Migrants will be classified as undetermined non-protected or protected migrants.

2. Contraband - Items in the possession of migrants or found within the facility that are prohibited by facility policies and procedures approved by Immigration Customs Enforcement (ICE) and Department of State (DoS), pertaining to Naval Station Guantanamo Bay (NSGB).

3. Contract Employee - An employee of a private contractor hired to perform a variety of services relating to migrant care.

4. Contracting Officer (CO) - Employee of ICE responsible for the complete conduct and integrity of the contracting process, including requested administration changes after the award of the contract. The only individual authorized to issue changes to the contract.

5. Contracting Officer’s Representative (COR) - An employee of ICE that is responsible for directing, monitoring, and administering the provisions of the contract on behalf of the contracting officer. There is one ICE COR and ICE ACOR on this contract from ICE.

However, a trained DoS employee or designee will be assigned to collaborate with and monitor the program as it relates to the care of the protected migrant population.

6. Contractor - The non-governmental entity, which provides the services, described in this

PWS.

7. Custody and Security Officers - Contractor’s uniformed unarmed employees responsible for the security, care, and supervision of undetermined/non-protected migrants and for the security and safety of protected migrants. The officer is also responsible for the safety, security and promptly reporting of maintenance issues and concerns of the Migrant Operations Center facility.

8. DOS Designee - Department of State’s designated provider for care, custody and housing of the protected migrant population. Currently, this designee is the International Organization for Migration (IOM).

9. Department of Homeland Security (DHS) - The lead U.S. agency responsible for non-protected migrants.

10. Department of State (DoS) - The lead U.S. agency responsible for protected migrants.

11. Emergency - An event that causes a significant disruption of normal facility operations such as a riot, strike, violation of curfew, fire, natural disaster, or another serious incident.

Responsibility for a life-threatening emergency situation involving migrants or others involved with the migrants must be handled by the contractor, ICE operational staff, the ICE COR, and the DoS designee as appropriate. Other emergency situations involving the facility and other structures of the MOC will be handled by the contractor under the purview of ICE operational staff, the ICE COR, and the DOS designee; non-life-threatening emergency situations impacting the migrants’ wellbeing will be handled by ICE operational staff, the ICE COR, DOS designee and supported by the contractor.

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

13. Facility - The physical structure plant and grounds in which a contractor’s services are provided.

14. FAR - Federal Acquisition Regulation. The rules and regulations for which the contract will be solicited, awarded, and administered.

15. Government - The United States Government. The overarching entity responsible for procuring the services.

16. Grievance - A written complaint filed by a migrant with the facility administrator concerning personal health/welfare or the operations and services of the facility.

17. HSAM - Department of Homeland Security Acquisition Manual. The parent agency’s rules and regulations which are applicable to the solicited, awarded, and administered contract.

18. Incident Report - A written report of an emergency response or other significant event

(e.g. the use of force, restriction of an individual’s freedom of movement, such as confinement to the SHU or a particular location within the Migrant Operations Center).

19. Intake Officer - Contractor’s uniformed unarmed employee (usually the Administrative

Lieutenant) responsible for monitoring and organizing all files on all migrants from entry to movement off the base.

20. International Organization for Migration (IOM) – An inter-governmental organization in the field of migration that works closely with governmental, intergovernmental, and non-governmental partners. IOM works to help ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems, and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people.

21. Lawful Permanent Resident (LPR) - Status held by a person after qualifying and being registered by the U.S. Citizenship and Immigration Services. This status allows the person to live permanently in the U.S., to travel in and out without a visa, to work at any job, to accumulate time toward U.S. citizenship.

22. Migrant - A non-U.S. national interdicted at sea, or who has entered Naval Station Guantanamo Bay after leaving their country of origin.

23. Migrant Operations Center - The infrastructure and resource support provided by the

Department of Defense (DoD) to support the Migrant Operations Program. The migrant operations program at NSGB is a joint effort of the Department of Homeland Security and Department of State, with support from DoD.

24. Naval Station Guantanamo Bay (NSGB) – A Department of Defense base located in the

Caribbean where the migrant operations center and its facilities are located.

25. Pat Down Inspection - A patting of the migrant’s outer clothing to determine the presence of contraband by same sex Unarmed Custody and Security Officer and the migrant.

26. Performance Requirements Summary (PRS) - A condensed listing of tasks, standards, acceptable quality levels, and relative value of the services required by the contract. The PRS identifies the essential service outputs of the contract that will be evaluated by the Government to ensure the contractor meets contract performance standards. The PRS is used to calculate invoice deductions or withholdings.

27. Performance Work Statement (PWS) - A Statement of Work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

28. Personal Property - Refers to the personal property belonging to a migrant.

29. Policy - A written course or method of action, which guides and determines present and future decisions and action.

30. Procedure - The detailed and sequential actions that shall be executed to ensure that a policy is implemented.

31. Project Manager (PM) - The individual designated by the contractor to manage a given project and ensure project objectives and performance indicators are met.

32. Protection-Screening Officer (PSD) - An officer from the Department of Homeland Security’s Citizenship and Immigration Services responsible for determining the status and disposition of an undetermined migrant at Guantanamo.

33. Quality Assurance - The actions taken by the Government to ensure services meet the requirements of the PWS.

34. Quality Assurance Surveillance Plan (QASP) - A written plan describing how the Government will survey, observe, test, sample, evaluate, and document the contractor’s performance in meeting critical performance standards identified in the contract.

35. Quality Control - Tasks performed by contractors to improve the quality of an organization’s output.

36. Quality Control Plan - A contractor’s internal quality assurance procedures for measuring, tracking, reporting and analyzing contract performance.

37. Recreational Officer - A collateral duty position for the contractor’s unarmed custody and security supervisor to supply puzzles, games and oversee the 1 hour per day of outside recreation time.

38. Restraints - This includes handcuffs, wrist restraints, leg restraints, and disposable nylon restraints.

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

40. Strip Search - an examination of a migrant’s body unclothed, for contraband and physical abnormalities. This includes a search of clothing which has been disrobed.

41. Suitability Check - ICE security clearance process for contractor and all contract employees to determine suitability to work.

42. Surge - Describes the periodic “spike” in the migrant population at the base caused by temporary increases in the numbers of the migrants arriving at the Naval Station. The surge capacity of the MOC is estimated to be 400 beds, based on the design parameters for the facility and the upper limit established in the scope of the contract. The capacity limits, however, may vary based on the case composition, which may include families and unaccompanied children.

43. Transportation Officer - Contractor’s uniformed unarmed employees responsible for the security, care, and supervision of undetermined/non-protected migrants and for the security and safety of protected migrants.

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

45. Undocumented Non-citizen - A non-citizen lacking necessary documents (e.g. documents indicating permission to work or live in a country).

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

II. PERFORMANCE WORK STATEMENT (PWS)

A. WORK STATEMENT

A.1 Objective

The objective of this requirement is to provide 24-hour custody, control, and security (unarmed) responsibility for all migrants at the Migrant Operations Center (MOC) on behalf of the Department of Homeland Security, Immigration and Customs Enforcement (DHS/ICE) and the Department of State (DoS). These services will be performed at the Naval Station Guantanamo Bay (NSGB), Cuba.

A.2 Scope of Work

The contractor will ensure a fully secure and safe facility that provides a humane environment for all migrants.

The contractor will provide on-site and working a daily and adequate staff of fully trained unarmed custody officers, support personnel, and management staff. All personnel must possess the proper security clearances and meet the requirements of working in a custody environment which contains a vulnerable population that include males, females, children, and families.

The contractor, in a reasonable and timely manner shall acquire and/or accomplish training, certifications, licenses, drug testing, uniforms, equipment, supplies, and vehicles necessary to provide the full range of required security and transportation services 7 days a week, 24 hours per day throughout the contract period of performance.

A.3 Period of Performance

The anticipated period of performance is to be a base period of eight months, with four months of transition for a total of 12 months, and four 12-month options, to be exercised at the discretion of the Government, for a period not to exceed 60 months in total.

B. BACKGROUND

B.1 MOC MISSION

The mission of the Department of Homeland Security (DHS) / Immigration and Customs Enforcement (ICE) in partnership with the Department of State (DoS) / Population Refugees Migration (PRM) is to fulfill their responsibilities as outlined in Executive Order (E.O.) 13276 and E.O. 13286 (amended March 3, 2003). The goal of the MOC is to provide a safe and secure living environment for migrants temporarily housed. The contractor shall support and assist ICE/PRM in meeting their responsibilities for the safety, security, and care of the migrants in accordance with all applicable codes and regulations.

The MOC is made up of buildings on the base provided by the Department of Defense (DoD). It has an operational capacity of 120 beds and additional capacity via temporary structures for an additional 280 beds in the event of a surge in population. This represents a maximum capacity of 400 beds at the facility.

The MOC is composed of the following units:

Migrant Operations Center (MOC) - AV 622 Avenue C Leeward Side - Occupied MOC B (Migrants Kitchen) - AV - 633 C Avenue D Leeward Side - Occupied only during certain hours.

Special Housing Unit (SHU) - AV 622 B 2nd Street Leeward Side.

BLDG #1567 (Undetermined/Non-protected Migrants)- Avenue C Leeward Side –

Occupied.

BLDG # 1568 (Storage) - Ferry Landing Rd. Leeward Side – Unoccupied.

BLDG #1570 (Storage) - Ferry Landing Rd. Leeward Side – Unoccupied.

BLDG #LW554, RPA Name; Non-Domestic Migrant Processing Center (L).

In addition, the MOC is divided into three areas:

MOC “Area A” or “MOC A” refers to the building and surrounding fenced in area where the protected migrants reside.

MOC “Area B” or “MOC B” refers to the expanded area beyond MOC A that includes recreational facilities such as the pavilion, kitchen, and woodworking area.

Building 1567 where undetermined/non-protected migrants reside.

The composition of the MOC may change based on changing needs of the NSGB and ICE/PRM arrangements to address responsibilities under Executive Order 13276 and E.O. 13286 (amended March 3, 2003).

Protection concerns, as determined by U.S. Citizenship and Immigration Services (USCIS), are present when a migrant is found to have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, or a credible fear of torture if returned to his or her country of origin. Migrants determined not to have protection concerns will be repatriated to their country of origin as soon as possible and will be housed in building 1567 until return is possible. Migrants determined to have protection concerns will be transferred to MOC A in the care and custody of ICE/PRM until they are resettled to third countries.

The contractor shall maintain a familiarity with the care of migrant populations, special populations such as juveniles, and minimum-security environments. Sight and sound separation of the protected migrants from the undetermined/non-protected migrants must be maintained at all times.

The MOC residents are a dynamic population that may include males, females, unaccompanied minors, and families of various nationalities and ages. All migrants reside at the MOC voluntarily and may request repatriation at any time.

B.2 MIGRANT POPULATION CATEGORIES

The migrant population must be divided into three categories as follows:

Undetermined Migrant—A migrant for whom USCIS has yet to make a classification determination.

Non-Protected Migrant – Migrant determined by USCIS not to have a well-founded fear of persecution or torture in their country of origin. Non-Protected migrants, who USCIS has identified as not having protection concerns, shall be maintained in the secure setting of the MOC and housed in building 1567 until they are repatriated. Occasionally, there are non-protected migrants who are at Guantanamo Naval Station for a temporary period while waiting on additional processing, Pursuant to Executive Order 13276 and E.O. 13286 (amended March 3, 2003). DHS/ICE is responsible for the custody, care, safety, transportation, and other needs of the non-protected migrants. During the past 12 months, the undetermined population has averaged 14 migrants per month.

Protected Migrant – A protected designation is afforded by a USCIS Protection-Screening Officer (PSD) to a migrant who is determined to have a well-founded fear of persecution or torture in his country of origin. Pursuant to Executive Order 13276 and E.O. 13286 (amended March 3, 2003), DOS is responsible for the custody, care, safety, transportation, and other needs of the protected migrants. Once a migrant has been determined by USCIS to be designated as protected, responsibility for the custody and care of the protected migrant will be transferred from DHS/ICE to DOS/PRM. Migrants in Protected status is housed in DOS-managed housing within the MOC and are under the immediate care and supervision of the DOS designee. They may be allowed to work on the base and are provided social services beyond the confines of the MOC. During the past 12 months, the protected population has averaged approximately 20 migrants per day.

Protected migrants are individuals who have been accorded protection from persecution or torture in their home country and are voluntarily under the care and custody of the United States pending resettlement. One of the goals of the Protected Migrant Program is to help the migrants acquire skills they can use in an open society and in an atmosphere that allows for freedom of movement while living as independently as possible, subject to the fair administration of the rules and policies provided for herein, as well as those of the Naval Station.

In the event a special circumstance creates additional migrant categories beyond the operational threshold of 120 or at any time when the ICE CO/COR notifies the contractor of a requirement for surge support, the contractor shall activate Surge Custody Officers to cover for this requirement.

B.3 DEPARTMENT OF STATE (DoS) DESIGNEE

The DOS designee (currently, the International Organization for Migration (IOM)) will provide social services for the protected migrants. IOM will be co-located at the MOC with the guard/security contractor. IOM will be set up as the main interface with the protected migrants for non-security related matters and will rely on the guard/security service provider when required for security. The contractor will consult with ICE/PRM and the DoS designee to maintain plans, policies and procedures affecting the protected migrants.

B.4 APPLICABLE DOCUMENTS AND OPERATING CONSTRAINTS

The contractor shall abide by and comply with the documents, regulations and rules listed below.

The contractor shall be responsible for being cognizant and compliant with any changes, revisions or updates to these rules, procedures, and manuals, and ensuring that all Contractor personnel are trained on any changes, revisions, or updates.

Executive Order 13276 http://edocket.access.gpo.gov/2002/pdf/02-29580.pdf Executive Order 13286 (amended March 3, 2003) U.S. Naval Station, Guantanamo Bay, Cuba Instruction (NSGBINST) 5500.1D Department of Homeland Security National Protection and Programs Directorate Office of Compliance and Security, Security Programs Division, Oct 2017 FAR https://www.acquisition.gov/ Homeland Security Acquisition Regulation (HSAR) https://www.acquisition.gov/hsar Defense Federal Acquisition Regulation Supplement (DFAR) https://www.acquisition.gov/dfars Handbook on Safeguarding Sensitive Personally Identifiable Information (PII) at DHS

C. TASKS

C.1 FACILITY SECURITY AND CONTROL – ALL MIGRANTS

(PROTECTED AND NON-PROTECTED)

The contractor shall supervise, observe, and protect migrants from sexual abuse, discrimination, corporal punishment, personal injury, property damage, harassment, or violation of migrants’ civil rights. Contract personnel shall have a zero-tolerance policy for incidents of sexual abuse or assault that may occur in the facility. Contract personnel shall adhere to ICE, DoS and NSGB policies, procedures, and standards.

Migrants have the right to be free from discrimination for any reason, including race, religion, national origin, sex, sexual orientation, gender identity, physical ability, mental ability, or political beliefs.

The contractor shall provide 24-hour custody, control, and security responsibility for all migrants at the MOC. The security levels and contractor responsibilities will differ based on migrant status, family composition, their processing stage, or the changing needs of the NSGB. Security http://edocket.access.gpo.gov/2002/pdf/02-29580.pdf https://www.acquisition.gov/ https://www.acquisition.gov/hsar https://www.acquisition.gov/dfars will be provided in a way to prevent incidents while respecting the rights and dignity of all migrants residing at the facility.

Positive control of the MOC population is key to successful security and operations. In maintaining positive control, the contractor shall consider the migrants’ frame of mind from recent experiences, including hardships from their time at sea, fear of persecution or torture in their country of origin, and separation from family and friends. Some migrants may be anxious because of the uncertainty about their futures. The contractor will passively monitor and assess the atmosphere of the MOC. Daily passive monitoring with the underdetermined/non-protected migrant population and awareness of protected migrant population activities and issues will help to mitigate potential difficulties. Contractor security concerns about protected migrants must be immediately brought to the attention of the ICE operational staff, ICE COR and/or the DoS/PRM designee for appropriate action.

C.1.1 Staffing and Supervision

The contractor shall provide the facility with the required staff to provide full 24-hour coverage of designated security posts, surveillance of migrants, and performance of all ancillary functions.

The contractor shall supervise, observe, and protect migrants from personal abuse, discrimination, corporal punishment, personal injury, property damage, harassment, or violation of Migrant’s civil rights. Contractor staff will adhere to ICE and DoS policies, procedures, and regulations and policies pertaining to migrants in accordance with NSGBINST 5500.1D.

C.1.2 Housing Inspections

The contractor shall inspect on a daily basis, the MOC compound: comprised of dormitory style housing units, a segregated housing unit, common programs spaces, control center, Government occupied space, and inside the controlled perimeter. The contractor shall report any physical damage or maintenance concerns to ICE operational staff and the ICE COR in writing within 24 hours of identification.

Policies for inspections of protected migrant rooms will be provided by DOS or its designee.

When the contractor needs to enter a protected migrant’s room for maintenance purposes, the contractor shall coordinate this entry with the DoS designee and provide the protected migrant with advance notice when possible.

C.1.3 Disciplinary Policy

ICE and/or PRM are responsible for the discipline of migrants. The contractor’s disciplinary policy and procedures shall clearly define migrant rights and responsibilities. The facility shall not hold a migrant accountable for his/her conduct if a medical authority finds him/her mentally incompetent.

The contractor shall draft a migrant handbook, to be approved by ICE/PRM. The rules of conduct and disciplinary actions shall be fully and clearly documented. The handbook should be available in English, Spanish, and French Creole and given to and have a receipt signed by each migrant upon arrival. The handbook shall inform migrants concerning:

The right to protection from personal abuse, corporal punishment, unnecessary or excessive use of force, personal injury, disease, property damage, and harassment The right of freedom from discrimination based on race, religion, national origin, sex, handicap, or political beliefs The right to pursue a grievance in accordance with written procedures.

The right to correspond with persons or organizations, consistent with safety, security, and the orderly operation of the facility.

The right to due process, including the prompt resolution of a disciplinary matter.

The contractor shall adhere to the ICE and/or PRM policy and procedures concerning incident reports and investigations. All incident reports shall be immediately reported to ICE operational staff and the ICE COR, but no later than 24 hours after the contractor has been made aware of the incident.

C.1.4 Use of Force Policy

Use of force shall only be authorized after all reasonable efforts to resolve a situation have been exhausted. The use of physical force by custody officers shall be limited to instances of justifiable self-protection, protection of others, protection of property, and prevention of escapes.

Physical force will be used only to the degree necessary to safeguard the well-being of the migrant(s) and others in the immediate area.

All staff shall be made aware of their responsibilities in controlling an aggressive migrant. All custody personnel shall be trained in approved methods of self-defense, confrontation avoidance techniques, and the use of force to control migrants. Staff shall be made aware of prohibited use-of-force acts and techniques. In addition, all contractor staff should be trained in de-escalation procedures without relying on physical force.

The responsible Custody Officer(s) shall immediately report all instances of use of physical force to ICE operational staff and the ICE COR. Prior to leaving his or her shift, the Officer(s) shall prepare a written report and submit it to the Shift Supervisory Officer. The Project Manager (PM) will review, approve, and provide the report to ICE operational staff and the ICE COR within 24 hours of the incident.

The physical force report shall include:

An account of the events leading to the use of force.

A precise description of the incident to include date, time, place, type of force used, and reasons for employing force.

A description of the person who suffered described injuries, if any, and the treatment provided, and A list of all participants and witnesses to the incident.

C.1.5 Migrant Identification Cards

The contractor shall develop a policy and issue identification cards to migrants within 24 hours of notification of protection status. This policy shall be approved by ICE/PRM However, the DoS designee may arrange for a different identification document, as ICE/PRM may deem appropriate, that would supersede the document issued to the migrant in his/her non-protected status.

The identification cards shall be similar in size to a driver’s license and be made of plastic. The card must contain the following information: head and shoulder color picture; printed personal description: full name, sex, height, weight, hair, and eye color; date of issuance; contractor name with seal or identifying logo. The Project Manager is required to sign all migrant identification cards prior to issuing them to the protected migrant. The contractor shall be responsible for all costs associated with producing the identification cards.

Information obtained to produce the identification cards must be maintained and secured in the contractor’s database. Upon resettlement, the card must be returned to the contractor and placed in the migrant file.

C.1.6 Migrant Orientation

The contractor shall develop the content of this orientation and deliver a facility orientation program to migrants which shall provide information on facility operations, programs, and services. The contractor shall provide each undetermined/non-protected migrant with a verbal and written orientation of facility rules for undetermined/non-protected migrants and other relevant policies and procedures within 12 hours of arrival at the MOC. The contractor shall develop the content of this orientation and upon ICE approval shall provide written copies of the MOC rules, policies, and procedures to undetermined/non-protected migrants. The contractor, upon request by the ICE COR and DoS designee, shall participate in verbal orientations for the protected migrant population as it pertains to the contractor’s role providing for security services and facilities management.

C.1.7 Migrant Handbook

The contractor shall develop, produce, maintain, and distribute migrant handbooks to every migrant upon admission to the facility. These handbooks will be developed by the contractor in collaboration with ICE, DoS, and NSGB regulations. Acceptance receipt by the migrant of the handbook will be placed it the migrant folder.

The handbook shall provide an overview of facility policies, rules, and procedures; describe services, programs, and opportunities available at the facility; and list migrant rights and responsibilities.

The handbook shall be written in English and translated into Spanish and French Creole. The handbook shall also be produced in the most prevalent languages among migrants. All contractor staff shall be issued a copy of the handbook and provided training on its contents. Staff shall also be advised and familiarize of changes to the handbook, as they occur.

C.1.8 Population Management

The contractor, ICE operational staff and the ICE COR as well as the DoS designee shall develop a space usage plan for the MOC for approval by the government.

The contractor shall designate undetermined/non-protected migrants to quarters appropriate to that designation of migrant. The contractor, ICE operational staff, ICE COR and DoS designee will coordinate regularly to ensure that undetermined/non-protected and protected migrants are designated to appropriate quarters in accordance with sound population management practices (e.g., family relationships, sex, age, etc.). To the maximum extent possible, family members shall not be housed separately from each other.

C.1.9 Space Usage Plan

The contractor’s space usage plan shall include using Building 1567, a dormitory style facility, for undetermined/non-protected migrant use and Building AV622 for protected migrant use.

Building 1567 is divided into two sides - A and B. Migrants shall be segregated by gender when housed in Building 1567, with females occupying one side, and males housed in the other. A total of 20 beds - 10 on each side - are available for migrant use. During surge events, the total number of beds can increase to 40 through the use of bunk beds.

Should a family arrive at the MOC, the contractor shall use rooms on the first floor of Building AV622 for family occupancy, indiscriminate of protected status. Undetermined/non-protected migrants housed in AV622 shall be under strict room restriction. At no time should protected and undetermined/non-protected migrants mix.

C.1.10 Policy, Procedures, and Operational Practices

Prior to performance, the contractor, in consultation with ICE operational staff, the ICE COR and DoS guidance and the NSGB administrative regulations pertaining to migrants currently identified as Naval Station Instruction (NSGBINST5500 1.D or most current version), shall establish an internal set of MOC regulations and procedures for rule enforcement and consequence management that will clearly define undetermined/non-protected migrant responsibilities for living in and using recreational space within the MOC perimeter and set forth rules to maintain order, to ensure migrant safety and security and prevent property damage within the MOC. The result shall be a positive environment for migrants, contractor employees, and government employees at the MOC facility.

C.1.11 Logbooks

The contractor shall provide facility logbooks covering accounts of routine and emergency situations involving migrants. All logs shall be confidential and shall be available for specific staff to review, ICE operational staff and the ICE COR. The following information shall be included in facility logbooks:

Activities that have an impact on the migrant population (e.g., migrant counts, shakedowns, migrants’ movement in and out of site) Shift activities (e.g., security checks, meals, recreation, religious services, property lockers, medical visits Entry and exit of persons other than migrants, ICE staff, contractor staff DoS staff and

DoS designee staff.

Fire drills and unusual occurrences

The facility shall maintain the following Logbooks:

Control Room Logbook Shift Supervisor’s Information Logbook Housing Unit Logbooks (one Logbook per housing unit) Incident Report Logbook Segregation Logbook Daily Migrant Roster Hazardous Material Check-in/Check-out Logbook Contraband Logbook Facility Maintenance Logbook Key Control Logbook Radio Control Logbook Surge Equipment Inspection Logbook

C.1.12 Monitor and Respond

The contractor shall continuously monitor the migrant population to ensure that all living in the MOC feel safe and respected. The contractor will implement policies and procedures that will reduce and/or control violent situations in the facilities. The contractor shall respond effectively to emergencies and secure tools and other potentially dangerous equipment.

C.1.13 Migrant Count

The migrant count system shall provide for at least one official count each 8-hour period. The count system shall include one daily physical stand-up count. During Saturday, Sunday and federal holidays, an additional official count shall be conducted. Random census counts of all migrant activity areas shall be conducted on a daily basis. All counts shall be documented in a log maintained in the MOC control center. There shall be a running count of the total number of all undetermined/non-protected migrants at the MOC at all times. The count conducted by the DOS designee will be shared with the contractor once completed to ensure all migrants are at the MOC and accounted for.

Formal head counts shall be conducted throughout the facility at least once per shift, with a shift supervisor verifying its accuracy. The Program Manager (PM) shall determine the time of the formal counts.

Officers shall make irregular but frequent checks to ensure that all migrants in his or her charge are present.

The contractor shall conduct an emergency count when a migrant cannot be accounted for or after a major disturbance to ensure that no migrant has escaped.

C.1.14 Migrant Reports

The contractor shall furnish, on a daily basis, a manifest of all migrants currently detained in the facility. The manifest shall contain the following information for each migrant: “A” File Number (system of numbering supplied by ICE); office received from; name; date of birth; gender;

nationality; date of arrival; number of days the migrants has been in the facility; and type of release, if applicable. The manifest shall be transmitted password protected in a Microsoft Excel format.

The contractor shall provide monthly status reports to the ICE COR or ICE designee. Such reports shall include a monthly key indicator report, which indicates the key personnel positions of the facility (e.g., position title, name of the employee, vacancies and length of vacancies, dates of service, additional comments) password protected. These monthly reports shall be submitted to the ICE COR or ICE designee by the fifth of each month for the previous month’s activities and staffing password protected.

The contractor shall prepare required orders, instructions, and reports of accidents, security violations, fires, and bomb threats. The reports shall be maintained on file, concerning all activities in connection with duties and responsibilities for the services performed under this contract. All such records shall be kept using a system with a written policy, which allows the reports to be made available to the Government for inspection.

The contractor shall, at the request of ICE, prepare any special or other reports, or issue further orders and instruction as may be required in support of work within the scope of this contract.

The distribution, format, and time elements for these reports shall be directed by Government requirements.

C.1.15 Admissions and Release Procedures

The contractor shall provide assistance, if requested, to the DOS designee in locating and ensuring the return of any protected migrants to the MOC.

Admission and orientation procedures shall set the tone for the migrant’s stay at the facility and help define behaviors and norms. Staff shall conduct procedures in a professional, courteous manner, and shall maintain full control of the admissions process at all times. Intake officers, shall obtain thorough, accurate information from incoming migrants.

The contractor shall ensure each migrant admitted to the facility shall undergo screening interviews, complete questionnaires, and other forms, attend the facility orientation program, and comply with other admission procedures at their expense including issuance of clothing, towels, bedclothes, etc.

The contractor at their expense shall issue migrants personal hygiene items, clothing, footwear, sheets, and blankets appropriate for local weather conditions and a medical screening shall be conducted to ensure the health of the migrant and others in the facility.

C.1.16 Migrant Files and Confidentiality

The contractor shall create and maintain a hard and electronic custody file for each migrant booked into the MOC facility. At a minimum, the migrant master file shall contain:

Name and alien registration number Initial screening and intake forms Program rules and disciplinary policies Copies of disciplinary actions, incidents, or crime(s) committed while in custody Receipt and inventory of cash and personal property Release forms, and Any other relevant information.

The contractor shall conduct intake interviews to ensure accurate custody records of all migrants.

The Intake Officer shall initiate and develop the migrant master file and medical file. Upon admission, intake staff shall obtain/generate the following information through migrant interviews and/or previous ICE records:

Alien Booking Record with one or more original photographs attached.

Booking number.

Date of admissions.

Name of person.

Alien File Number (“A-number”), if applicable.

Current or last known address.

Personal property inventory sheet.

Housing identification card.

Property receipt.

Baggage checks.

The file shall also contain originals of the following documents:

Acknowledgment form, documenting receipt of migrant handbook, orientation, etc.

Identifying marks form Original migrant summary form Copy of government issued identity documents.

Copy of all government issued documents and those provided to ICE

The migrant file shall also contain documents generated during the migrant’s time in the facility including:

Special requests Disciplinary forms Grievances, complaints, and the disposition of these issues

Forms associated with disciplinary and/or administrative segregation.

Pat down search forms Staff reports about the migrant’s behavior and attitude.

Sick call request forms Release information

Active migrant files shall be maintained in the command center. If the area in which the file cabinet is located is in a busy work area, it shall be kept locked.

Migrants’ files shall remain active during the time they are at the MOC. When the migrant is released, final documents shall be added to the file including custody file copies of completed release documents, original closed-out receipts for property and valuables, the original I-385 and any other documentation associated with the migrant’s release. The officer closing the custody file shall note that it is complete and ready to be archived.

Archived files shall be placed in an environmentally safe and secured locked file cabinets (i.e.

free from moisture and rodents) with the dates of the custody clearly marked. The files should not be destroyed without approval from the Contracting Officer.

Key staff may access custody files including files for disciplinary hearings or other proceedings.

DHS/ICE may request the file from the contractor and will be responsible for obtaining the file, logging it out, and returning it to the contractor.

The contractor shall maintain a logbook entry recording the file’s removal to include:

The migrant’s name and A-number Date and time removed Reason for removal Signature, title, and department of person removing the file Date and time file returned Signature of individual returning file

The contractor shall maintain files for the duration of the contract and then provide all migrant files to the respective ICE COR at the end of the contract. As approved by the CO and at any time during the contract period, files for undetermined/non-protected migrants may be reviewed by ICE operational staff, the ICE COR and files for protected migrants may be reviewed by the DoS designee. Policies and procedures for undetermined/non-protected and protected migrants shall be developed in coordination with and approved by ICE operational staff, the ICE COR, and DoS to ensure the confidentiality and security of all information pertaining to the migrant population.

C.1.17 Government Investigations

The Government may investigate any incident pertaining to performance of this contract. The contractor shall cooperate with the Government on all such investigations. The contractor shall immediately report all serious incidents to ICE operational staff, the ICE COR, the DoS and/or its designee to include contractors and or migrants. For incidents involving contractors and or migrants (undetermined, protected, or unprotected), within 2 hours of the incident ICE operational staff and the ICE COR must be notified telephonically, followed by a written report no later than 24 hours unless directed otherwise. The report shall include the date, time, and location of incident; detailed description of incident; if law enforcement was notified; type of incident; identification of those involved and witnesses; descriptions of staff/migrant injuries;

medical treatment provided; contractor response to incident; and any additional information requested by ICE and DoS.

C.1.18 MOC Physical Inspections

The contractor shall ensure MOC A, the protected migrants’ living quarters, MOC B, the protected migrants’ recreational area, and building 1567, are physically inspected on a daily basis.

The contractor shall conduct hourly wellness and safety checks of MOC A and MOC B.

Visual checks shall be conducted each shift of all exits that surround the MOC A& B compound buildings and building 1567. These checks shall be documented, and a follow-up system implemented to correct all identified security concerns.

The contractor shall report any facility physical damage or maintenance concerns to ICE operational staff and the ICE COR, for concerns impacting migrants, in writing within 24 hours of identification. On a weekly basis, the contractor shall provide a Facility Maintenance Logbook of all daily maintenance issues and concerns, specifically as it relates to usability of all facility space to the ICE COR. The logbook will include tracking information of reported maintenance issue up until completion.

C.1.19 Tool Control Plan

The contractor shall establish an effective tool and equipment control plan to ensure safe use and secure storage of all tools and equipment and to prevent escapes, assaults, and the manufacture of weapons. Tool control shall regulate the purchase, storage, inventory, issue, use, and replacement of all facility tools. The tool and equipment control policy shall:

Control unauthorized or improper use.

Provide adequate supervision of use.

Provide economical control by preventing loss or damage.

Provide a positive means of tool identification.

Establish accountability, responsibility, and methods of purchase, issue, receipt, survey, and disposal for tools.

Control excess tools.

Identify the need for specific tools.

The categorization of a tool shall determine the amount of staff control needed over migrant use.

Tools shall be classified as follows:

Restricted (Class “R”) Tools:

o Tools that are too dangerous for migrants to use without constant staff supervision.

o Tools to which migrants are denied access.

o Tools that could facilitate an escape or an escape attempt.

o Tools that are useful for making weapons.

o Tools that could be used as weapons.

o Tools that could cause serious bodily harm.

o Tools that are hazardous to facility security or personal safety.

Non-Restricted Tools are routinely used, with minimal supervision, by migrants in work assignments.

All tools shall be marked with a symbol to identify the department and/or work detail to which the tool is assigned. Tools that cannot be marked without damage, such as small drill bits, shall be inventoried and kept in locked storage when not in use.

Missing tools shall be reported immediately to ICE operational staff and the ICE COR by positive contact and written notice. All facility activities shall be suspended, and a complete search conducted. Migrants who had access to the missing tool shall be held at the site of the loss until a thorough search is made. A written report shall be filed by the end of the shift during which the loss was discovered. The report shall identify the missing tool(s) and describe the circumstances of the incident.

Any tool found unsupervised shall be returned to the Control Room and a written report shall be filed with ICE operational staff and the ICE COR.

C.1.20 Hazardous Materials

All hazardous materials shall be kept in their original containers and marked with a standard label denoting the contents and hazards of the material and securely stored as required.

Concentrated materials shall be used by migrants only if they have been diluted and marked as such. If necessary, special clothing and protective items shall be issued to ensure migrant safety.

Check In/Check Out logs shall be maintained to track the usage and handling of all hazardous materials.

C.1.21 Material Safety Data Sheets

Material Safety Data Sheets (MSDS) shall be maintained for all toxic, caustic, and flammable materials. A copy of all MSDS shall be maintained on file and stored with their corresponding materials. These sheets shall list all characteristics, hazards, and emergency treatment procedures for exposure to the materials.

MSDS shall be maintained in the office of the PM to ensure proper usage and handling of all hazardous materials. Check In/Check Out logs shall also be maintained to ensure proper control of inventory. Any unauthorized usage or missing inventory shall be promptly investigated.

C.1.22 Keys and Locks

The contractor shall enforce ICE key and access control device policies. The contractor is responsible for all devices issued to them for ICE buildings, gates, and locks.

The contractor shall operate and enforce the policies as they relate to the identification systems, and package inspection procedures in accordance with security guidelines at the protected premises. As prescribed by ICE Facility, including vehicle keys shall be stored in a locked cabinet that is large enough to accommodate all facility key rings, including keys that are in use.

Policy and procedures for the maintenance and security of keys and locking mechanisms shall be developed. The procedures shall include, but are not limited to:

method of inspection to expose compromised locks or locking mechanisms.

method of reporting all damaged keys and/or locks; method of reporting any keys or mechanisms that may be compromised.

distribution of keys for protected migrants policy of restricting security keys from 24-hour issue or removal from the MOC; and method of issuing emergency keys.

Emergency keys shall be available for ALL areas of the facility to which emergency access or egress may be necessary and available to the contractor and senior government representatives to facilitate a response to any emergency. While the contractor shall maintain responsibility for master keys and lock maintenance of protected migrant housing, the DoS designee will take responsibility for protected migrant room assignment management and key distribution as approved by DoS. The DoS designee is responsible for developing policy and procedures for protected migrant room assignments and key distribution in consultation with the contractor.

C.1.23 Migrant and Contraband Room Searches

The contractor shall perform pat down inspections and room searches in accordance to established MOC policies and post orders, as well as in compliance with the current NSGB 5500 rules. Pat downs will only be conducted if there is reasonable suspicion that the migrant is carrying contraband or other prohibited material. The following will apply when conducting pat searches of protected migrants:

The DoS designee shall be present during a pat down or room search for protected migrants with exception of emergencies. Emergencies shall be appropriately justified and documented after the incident. The contractor shall develop a protected migrant inspection protocol in consultation with ICE operational staff, the ICE COR, and DoS designee.

The contractor shall not conduct strip searches under any circumstances and all protocols covered in the current 5500 rules will apply.

The contractor shall implement appropriate contraband control procedures in accordance with the MOC policy and the current 5500 rules. The contractor shall remove any item possessed by a migrant or found within the facility, which is prohibited by MOC rules or NSGB, ICE, DoS, DoD, or the contractor.

Contraband may include, but is not limited to, the following: not prescribed drugs, alcohol, sharp objects, or hardware that could be fashioned into a weapon, perishable foods that may pose health or spoilage problems, and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

Prescription drugs should not be taken from migrants without first consulting with medical personnel. Swapping of prescription medications is not allowed.

The contractor shall contact ICE operational staff, the ICE COR, or DoS designee to remove dangerous contraband from MOC A, MOC B, or building 1567 where necessary.