NCS_PWS_7-7-2022.pdf

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

Performance Work Statement (PWS) Noncitizen Communications Service

PERFORMANCE WORK STATEMENT 1

U. S. Immigration and Customs Enforcement 2

ICE Noncitizen Communications Service (NCS) 3

Background 5 The United States (U.S.) Department of Homeland Security (DHS), Immigration and 6 Customs Enforcement (ICE) is responsible for the detention, health, welfare, 7 transportation and deportation of illegal noncitizens in removal proceedings and 8 noncitizens subject to final order of removal from the United States in accordance with 9 the immigration laws of the United States. ICE Detention Standards guarantee all 10 noncitizens free telephone access through a pro bono network. Free access is granted to: 11 Embassies, Consulates, the DHS Office of Inspector General (OIG) hotline, the ICE 12 Office of Professional Responsibility (OPR) Joint Intake Center (JIC), the ICE Detention 13 Reporting and Information Line (DRIL), Department of Justice (DOJ), Executive Office 14 for Immigration Review (EOIR), and EOIR-approved pro bono and community-based 15 free immigration legal services and legal orientation program providers. 16 The ICE Noncitizen Communications Service (NCS) provides communications services 18 (described below) for ICE Contract Detention Facilities (CDF), ICE-owned Service 19 Processing Centers (SPC), Dedicated Intergovernmental Service Agreements (DIGSA), 20 state and local facilities operating under intergovernmental service agreements (IGSA), 21 and temporary holding facilities. Primary detention facility locations include CDFs, 22 SPCs, and DIGSAs. Secondary detention facility locations include IGSAs. Tertiary 23 facilities include temporary holding cells and other facilities as directed by ICE. 24 Currently NCS is provided at 39 ICE Primary detention facilities, approximately 300 26 Secondary detention facilities, and approximately 64 Tertiary facilities. The Government 27 reserves the right to change, either increase or decrease, the number of Primary, 28 Secondary and Tertiary sites at any time during the term of the contract. When the 29 Government requests an increase with a facility, the offeror should propose the time 30 frame to get the facility operational with NCS. 31 A pro bono telephone network is required at all Primary, Secondary, and Tertiary 33 facilities. The pro bono network transmits calls made by noncitizens free of charge to 34 ICE identified entities (e.g., embassies, consulates, pro bono attorneys, immigration court 35 etc.) by utilizing access numbers associated to the corresponding authorized numbers. 36 Currently, there are approximately 2,000 pro bono speed dial numbers and approximately 37 800 additional numbers related to litigation settlements. The number of pro bono speed 38 dial numbers can be expected to fluctuate through the life of the contract. The contractor 39 is responsible for ensuring the pro bono service is provided at all times. 40 C communications services at Primary facilities for all domestic debit, collect, and 42 prepaid collect and international debit calls are required. The contractor will also provide 43 tablet services at the Primary facilities which includes, but not limited to, the features 44 listed in this PWS. At Tertiary facilities, the contractor shall provide for all domestic 45 collect phone calls and prepaid debit calls. Only free (pro bono) calls are provided at 46

Secondary detention facilities; domestic debit, collect, and prepaid collect calling services 1 are not provided at Secondary facilities. 2 At Primary and Tertiary facilities, the contractor is responsible for installing NCS system 4 hardware (compliant with the requirements outlined in Section C.4.1.I below), as well as 5 maintaining and repairing the Communications system and ensuring required service is 6 provided at all times. The contractor has the exclusive right to sell debit calling service 7 to noncitizens, and to charge fees for collect calls, as well as the exclusive right to all 8 revenue generated at ICE Primary and Tertiary Facility locations. Calls made from 9 Primary sites will be recorded and monitored unless directed by ICE. Calls on the pro 10 bono platform are NOT monitored or recorded at any facility. 11 Scope 13 This contract is for the NCS which includes a pro bono telephone network for noncitizens 14 housed at all Primary, Secondary, and Tertiary facilities. At Primary facilities, NCS will 15 also provide domestic debit, collect and prepaid collect and international debit calls via 16 traditional stainless-steel phones, privacy enclosures, as well as tablet services. ICE 17 reserves the right to add or delete facilities as needed. 18 This contract will provide NCS service for noncitizens housed at 39 Primary facilities, 20 approximately 300 Secondary facilities, and approximately 64 Tertiary facilities located 21 throughout the United States as provided in Attachment B. Revenue generated from 22 debit, collect, and prepaid collect calls, and tablet usage at Primary facilities and Tertiary 23 facilities will be the sole source of revenue to the contractor. The facilities do not allow 24 incoming calls and no call volume is guaranteed. Third party revenue sharing agreements 25 to aid in the sale of debit cards are prohibited. 26 It is the contractor’s responsibility to ensure compliance with all Federal, State and local 28 Regulatory requirements (e.g., FCC regulations, State PUC requirements, Section 504 of 29 the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended). The contractor shall 30 comply with and the most current version of the Performance Based National Detention 31 Standards (PBNDS) which is currently PBNDS 2011 with 2016 Revisions and most 32 current National Detention Standards, (NDS) which is currently NDS 2019.), provided as 33 Attachment D under Section J, and the American Correctional Association (ACA) 34 Standards. 35 Where applicable, and in accordance with ICE standards, the contractor shall ensure all 37 postings, telephone and tablet notifications and any other noncitizen communication 38 related to the NCS requirements are available in English and Spanish. Where practicable, 39 provisions for written or oral translation shall be made for other significant segments of 40 the population with limited English proficiency. The contractor shall consult with the 41 NCS COR and local ICE staff on the need for additional translations. ICE reserves the 42 right to require additional languages as needed at no cost to DHS/ICE 43 All proposed fees for domestic calls at Primary facilities shall not exceed the “safe harbor 45 rates” outlined in the FCC order on Rates for Interstate Inmate Calling Services, 78 Fed. 46

Reg. 67956 (November 13, 2013), FCC 21-60, or any future updates to these Orders. If 1 there are no laws, regulations, or guidelines, the contractor shall follow generally 2 accepted telecommunication practices in this service industry and practices within the 3 inmate/prisoner/noncitizen calling service industry specifically. For unusual actions that 4 are not covered by any of the above, the contractor shall consult with the Contracting 5 Officer. Teaming arrangements and joint ventures are allowed but must be fully defined 6 in the contract. Subcontractor roles and responsibilities must also be described in 7 sufficient detail so that it is clear how requirements of this contract will be achieved. The 8 contractor shall work closely with the Contracting Officer, Contracting Officer’s 9 Representative (COR) and other ICE headquarters and field staff. 10 NCS at Primary Detention Facilities 12 The contractor shall provide full NCS at the Primary detention facilities, including a pro 13 bono network, hardware, and a network to place domestic debit, collect and prepaid 14 collect, and international debit calls, and tablet technology, as described in this PWS. It is 15 the contractor’s responsibility to ensure all telephone rates are in compliance with FCC 16 rulings and any subsequent orders and abide by the most current rates for the duration of 17 the contract. Service shall be provided for the current 39 Primary detention facilities 18 listed in Attachment B, Authorized Facility List. ICE determines whether facilities are 19 considered Primary or Secondary and may update the list at any time. The 39 Primary 20 facilities currently have approximately 5,200 noncitizen telephones and 7,700 noncitizen 21 tablets. The contractor should anticipate this is a minimal number of telephones and 22 tablets required and can expect increases/decreases in the number of facilities as well as 23 the noncitizen population to fluctuate during the contract period. The ratio of phones to 24 noncitizens should be, at a minimum, provided in accordance with PBNDS 2011 with 25 2016 revisions. The hours of access and time limits are determined by the individual 26 Primary facilities but are normally 7am to 9pm (local time) daily. Complete 27 communications services at the Primary facilities are defined as all normal NCS 28 including the requirement to provide physical assets and privacy enclosures. The 29 contractor shall notify the COR of any changes or problems at Primary facilities. 30 NCS for Secondary Detention Facilities 32 The contractor shall provide a pro bono telephone system at approximately 300 33 Secondary facilities (see Attachment B, Authorized List of Facilities) as described in this 34 PWS. The pro bono service will allow the noncitizens to access ICE- identified entities, 35 to include Embassies, Consulates, Immigration Courts, the DHS OIG hotline, the ICE 36 DRIL, and EOIR-approved pro bono and community based free immigration legal 37 services providers. Secondary facilities can change at any time and ICE predicts the list 38 to fluctuate monthly by approximately five facilities (additions and deletions). No 39 equipment is required to be provided at these sites. Pro bono calls are accomplished by 40 the noncitizen dialing an access number to a centralized platform. 41 There are a multitude of inmate telephone service providers currently providing 43 telephone services at Secondary facilities. The contractor shall work with the local 44 calling system provider to connect to the NCS pro bono platform. The contractor is 45 advised that Per Call Compensation, or other access charges, imposed by the local calling 46 system provider at Secondary detention facilities, if any, shall be paid by the contractor 1 and no charges will be assessed to ICE or ICE noncitizens. Approximately 1,917,000 pro 2 bono calls were made, and 1,795,000 minutes in the year 2020 and the duration of each 3 pro bono call completed on average was two minutes. In 2019 pro bono calls were 18% 4 of the total call volume and 2% of the total minutes. In 2020, pro bono calls were 12% of 5 the total call volume and 1% of the total minutes. 6 The contractor is responsible to verify, on a quarterly basis, the destination pro bono legal 8 service provider telephone numbers which are included in the NCS pro bono system 9 database. The contractor will provide updated pro bono lists to Secondary facilities, or 10 the ICE field office upon request. The contractor will work with the Secondary Facilities 11 and their phone provider to ensure the pro bono platform is continually operating at all 12 facilities. The contractor shall notify the COR of any changes or problems at Secondary 13 facilities. Pro bono telephone numbers will be provided at the time of contract award. 14 NCS for Tertiary Facilities 16 The contractor shall provide all hardware and telephone lines at the Tertiary facilities at 17 the request and direction of ICE. A Tertiary facility is typically a temporary holding cell 18 (under 72 hours). The level of service is limited to domestic and international destination 19 prepaid, or collect calls, and pro bono service. Currently there are approximately 64 20 Tertiary facilities (see Attachment B, Section J). The contractor shall notify the COR of 21 any changes or problems at Tertiary facilities. 22 Noncitizen Communications Service, Hardware, and Security Features 24 The provision of NCS shall be a comprehensive noncitizen communications service that 25 will allow for domestic collect and prepaid collect, debit, and international debit calls. 26 The proposal shall include the installation of new telephone instruments, tablets, 27 including all hardware including privacy enclosures, and software at ICE Primary and 28 Tertiary facilities including the required number of instruments (ratio of at least 1 29 telephone per every 25 noncitizens, with an optimal goal of 1 telephone to 10 noncitizens 30 at Primary facilities) and any required station cabling to support the NCS. Offerors 31 should include pictures and specifications for the station equipment, privacy enclosures, 32 and tablets including charging stations. 33 Universal Access: During the course of this contract, it may be required to provide 35 normal calling access for all noncitizens located in Secondary facilities. Provide a 36 solution whereby these noncitizens would have access to the NCS service, assuming the 37 telephone rates remain the same. Please identify any additional cost component, if any, 38 that would be charged to the noncitizen or ICE in order to provide this service. 39 I. General Station Equipment Requirements 41 The communication station equipment in the NCS shall consist of the following four 42 types of communications devices: 43

1. Permanently mounted wall telephones meeting the specifications outlined in this 45 section. 46

2. Portable or “movable” noncitizen telephones that are used mainly in special 1 management units (e.g., segregation and medical units) and must be manufactured 2 to withstand abuse; must meet correctional grade standards and must not have any 3 loose or removable parts. 4

3. Offering Quick Connect services or similar with credit card on file. 5

4. Shared Use Model utilizing the tablet inside the facilities, whereby any noncitizen 6 has access to tablets inside the space they are located. 7 The telephone station equipment in this NCS shall satisfy the following minimal 8 components and requirements: 9

1. Unless approved by the government, be newly manufactured, installed, and 11 provide all required materials, hardware, software, and 12

a. Station cabling (where re-use is unavailable or new locations are required) 13 to install it. 14

b. Contractors are responsible for installing privacy enclosures identical to 15 the enclosures currently installed at all ICE Primary facilities. Upon 16 installation of the privacy enclosures, they become property of ICE. Any 17 repairs or replacements are the responsibility of the contractor. 18

2. Be powered by the telephone line and require no additional power source. 19

3. Have physical and design components and attributes that include all of the 20 following: 21

a. A correctional telephone industry standard design 22

b. Be true dual-tone multi-frequency (DTMF) compatible, which is chrome 23 plated and water, flame and shock resistant 24

c. A stainless-steel housing that protects the electronic components of the 25 telephone and tamper proof 26

d. A finish that is mar and scratch resistant 27

e. An armored handset cord that is resistant to stretching and breaking 28

f. An installation reinforced by security studs to prevent easy removal of 29 telephone 30

g. Be compact in design (include diagrams, brochures, and/or photographs of 31 the equipment that will be used) 32

h. Not be capable of being used to program any feature other than the NCS 33 and not be otherwise programmable for any purpose, without ICE written 34 authorization 35

i. Not include coin entry slots or coin return slots regardless of whether these 36 functions are disabled on the station equipment 37

j. Be capable of reducing background noise using industry ‘confidencers’ or 38 directional microphones in the handset 39

k. Be volume controlled by the noncitizen. Include instructions on proper use 40 by noncitizens 41

l. Provide written dialing instructions, in English, Spanish, on each 42 telephone station set in a manner which reduces the possibility of being 43 destroyed (decals and printed labels, stickers other accessible surface 44 instructions are not acceptable for this purpose, unless a specific phone 45 location within a facility is required by the facility) 46

m. Contain a “warning” statement, in English, Spanish, on each telephone 1 station set saying “This call is being recorded” in a manner that reduces or 2 eliminates the possibility of being destroyed (labels or other accessible 3 surface instructions are not acceptable for this purpose) 4

n. Contractor must provide a minimum of one operable Telephone Device 5 for the Deaf (TDD) at each facility. 6

4. 7 KIOSKS: Contractors are required to place payment kiosks that accept cash or credit 8 cards in the lobby or dorm areas of any facility that requests this service. Currently, 9 there are 46 kiosks deployed at all the Primary facilities 10

a. Any deposit made at a kiosk will be credited to the noncitizen account in 11 real-time, and will generate a voice message to the noncitizen of the 12 deposited funds. 13

b. No fees can be charged for cash deposits, and only the retail credit card 14 fee associated with credit card transactions is allowed. 15

5. WIRELESS TABLET SYSTEM 16

NCS requires a secure wireless system that allows noncitizens to use a contractor-17 provided tablet device, analogous to commercial tablets, but with security and 18 safety features specialized for a corrections environment. The wireless tablets 19 must connect to a secure, private Wi-Fi network within facilities and make use of 20 applications including: 21

• Phone calling 22

• Noncitizen phone logs available on the wireless device 23

• Educational and self-improvement programs 24

• Noncitizen secured electronic messaging 25

• Email if approved and directed by ICE 26

• Facility information distribution and document sharing 27

• Noncitizen recreation (music, movies, games, e-books) 28

• Crime tip and PREA reporting 29

• Photo gallery for friends and family to share photos 30

• E-cards 31

• Video messages 32

• Commissary ordering online 33

• Electronic submission and tracking of facility requests and grievances 34

• Electronic messaging with ICE field office and Deportation Officer 35

• Video Visitation On-Demand 36

• Electronic law library application(s) 37

EOIR LOP application 38

• Video Relay Service 39

• Religious materials 40

• ICE informational resources and document sharing (via document uploads 41 and pushed updates) 42

ICE will determine which applications will be free or paid. 44

The contractor shall own the product solutions as an integrated package. The 1 phone and tablet operating platform must be the same platform, and part of the 2 NCS. Third party interfaces are not acceptable and will be cause for 3 disqualification. The contractor shall confirm the product solution is part of an 4 integrated solution. 5 Video visitation solutions shall be integrated within the wireless tablet units 7 therefore saving wall space in the cell areas. 8 Wireless Tablets System Specifications 10 The contractor shall have its own proprietary operating system (OS) on tablets. 11 Only correctional grade tablets are acceptable, commercial tablets are not 12 acceptable. Tablets shall: 13

a. Enable the ability to offer noncitizen telephone calling on the tablet and 15 use the same prepaid fund account as the telephone, including the ability 16 for the noncitizen to review their call records on the tablet. 17

b. Enable friends and family members to use the contractor’s website or 18 mobile applications for friends and family to submit a call request to a 19 noncitizen using a tablet. Status indicators must inform a friend or family 20 member of a noncitizen’s availability, ensuring a timely response. 21

c. Provide educational and self-improvement programs 22

d. Provide monitored noncitizen messaging. Messaging must provide the 23 ability to attach a photo or video. 24

e. A blurred background during the video is required. 25

f. Provide facility information distribution capabilities. 26

g. Provide noncitizen recreation (music, games, e-books, movies). 27

h. Provide commissary ordering online. 29

i. Provide the ability to provide two-way video visitation on demand. 30

System must be able to provide NCS business rules (time of operation, 31 max duration, etc.) to all two-way video visitation on demand visits. 32

j. Provide electronic submission and tracking of requests and grievances. 33

k. Provide the ability to create custom forms through a form builder. 35

l. Provide the ability to publish ICE-approved forms. 36

m. Provide workflow capability within electronic forms. Workflow capability 37 shall enable electronic routing of forms which can be approved, reviewed, 38 or denied by multiple users or groups within the facility. 39

n. Provide the ability to broadcast voicemails to one or more noncitizens. 40

o. Provide Crime tip and PREA reporting. 41

p. Be deployed as a secure wireless network. 42

q. Be a hardened, corrections-grade device and not an off-the-shelf product. 43

Tablet hardware and accessory capabilities shall include the following: 45

• Data only enabled USB port (cannot be used to charge other electronics) 1

• Flame resistant 2

• Military drop tested 3

• Minimum of an 8” screen size 4

• Non-removable Lithium Battery (specify hours it will run with a charge) 5

• Multiple tablet charging systems available are UL/EL Certified 6

• The use of earbud headphones is required. 7

Wireless Tablet Security Requirements 9 Tablet hardware security capabilities shall include the following: 10

• Exoskeleton with a clear view of tablet components (so facility staff can 11 visually inspect devices for physical intrusion and/or hardware 12 modification) 13

• USB port should not recognize human interface devices (i.e., keyboards) 14 allowed 15

• USB port should not recognize Ethernet connections 16 Tablet operating system security must include the following: 17

• Locked bootloader (Only Operating Systems digitally signed by contractor 18 can be installed) 19

• Custom OS that removes risky OS features such as safe boot, factory reset, 20 wireless tethering, etc. 21

• OS should be capable of remote management that is inaccessible to 22 noncitizens 23

• Monitor tablet inventory 24 Network Security 25

• Contractor shall install their own network and control internet access. 26

• Contractor network appliance shall have access control lists that are 27 capable of a 1) deny all or 2) whitelist approach. 28

• Contractor network appliance shall have stateless inspection with 1) attack 29 checking and 2) automatically discard traffic initiated from the internet. 30

• Contractor network appliance shall deploy only with contractor’s circuit 31 so that only vendor engineers have access to firewall. 32 Application Security – The contractor shall provide a mobile device 33 management tool capable of the following 34

• Be a custom solution to meet the needs of corrections environment 35

• Built into the Operating System layer to prevent removal 36

• Critical tablet settings must be controlled remotely 37

• Ability to disable any tablet setting 38

• Ability to shut down any tablet or group of tablets remotely 39

• Updated applications can be installed remotely 40

• Tablet applications can be removed remotely 41

6. Commissary integration: The NCS at each Primary facility shall have the 43 capability to integrate with the commissary system at each facility. The use of 44 debit cards is unallowable. The contractor is responsible for any fees related to 1 integrating with the commissary company either one time, or on an ongoing basis. 2 ICE is not responsible for any charges related to commissary integration. The 3 contractor will not be charged by the commissary company for any transaction 4 fees between the noncitizen and transfer of any dollars for phone calls. For those 5 facilities, where integration of commissary is not being used, the contractor shall 6 provide a written explanation to ICE. 7

7. Validation of Noncitizen Data: During this contract, ICE may require the offeror 8 to use noncitizen identity data for real-time validation of outgoing calls. 9

Station set dialing instructions and warning statements shall be maintained by contractor 11 for legibility and accuracy during the entire term of the contract. 12 II. General Noncitizen Communications Service (NCS) Requirements 14 NCS shall include the following general attributes and components at a minimum: 15

1. The system shall provide for unmonitored and unrecorded calls on the pro bono 17 platform and to attorneys. The attorney or noncitizen must notify the NCS 18 contractor or ICE that the number to be called is an attorney number. All other 19 calls are monitored and recorded. 20

2. NCS at all Primary facilities. ICE will determine which facility is to be considered 21 a Primary facility. 22

3. A Centralized System Database located outside of the Primary facilities, complete 23 with full database redundancy. 24

4. All NCS hardware, software and support systems shall be the same at each 25 Primary detention facility. 26

5. Be provided at no cost to DHS/ICE, which includes but is not limited to, full 27 design, installation and on-going maintenance and all network services. 28

6. Provide for noncitizen access to collect call services and the capability of 29 operating in direct dial (debit/prepaid/collect) mode. Any other calling is 30 prohibited, (i.e., text to collect and or similar services). 31

7. A collect call automated announcement function capable of processing calls on a 32 selective multi-lingual basis (in English, Spanish with noncitizen users able to 33 select the preferred language using no more than a two-digit code. 34

8. The ability to be shut down quickly and selectively by the facility, allowing for 35 global shutdown with all noncitizen access restricted, shutdown within an entire 36 facility and shutdown within a unit/wing of a facility by authorized Primary 37 detention facility designated personnel. 38

9. Contain manual dial tone cut-off switches to shut off telephones within an entire 39 Primary detention facility and/or within a facility unit/wing, these switches will be 40 located, at the facility’s discretion, in a central (all telephones), or in multiple 41 (sub-groups of telephones) locations. 42

10. Ensure noncitizen phone use is restricted to outgoing calls only and never allows 43 incoming calls. 44

11. Provisions to keep all call processing current, including, but not limited to, local 45 exchanges, area codes, country codes, vertical and horizontal coordinates and any 46 other information necessary to accurately process and rate calls and updated to 1 DHS/ICE within 48 hours of request. 2

12. Block all calls made to any telephone numbers which incur excess charges such 3 as 900, 972, 976, 550, etc. Also block all calls to current long distance carrier 4 access numbers (i.e., 10333, 10285) or future carrier access numbers, all local 5 numbers, which access long distance carriers (i.e., 950, etc.), directory assistance 6 access numbers (i.e., 411, 555-1212, etc.). 7

13. Not provide a second dial tone to a telephone without the noncitizen hanging up 8 the telephone receiver after the first call is completed. 9

14. A minimum of six full rings before disconnecting any noncitizen call. 10

15. For both debit and collect calls, provides notification to noncitizens of the call 11 status (i.e., ringing, busy, etc.) in the form of ringing, busy tones, special 12 information tones (SIT), or appropriate recorded messages. 13

16. During the call set-up process, the system shall provide a pre-recorded 14 announcement heard by the answering party, which complies with Federal 15 regulations, identifying that a call, or a collect call is coming from a specific 16 noncitizen at a DHS/ICE facility, stating rate and complaint information and 17 containing a toll-free number for the consumer’s use. The announcement shall 18 also include the statement: “All telephone calls are subject to monitoring and 19 recording.” The previous statement is not announced on the pro bono calls or 20 attorney calls. 21

17. For both debit and collect calls do not allow the noncitizen to speak to the called 22 party until that party has accepted the call; and include the statement: “All 23 telephone calls are subject to be monitored and recorded.” 24

18. Allow for the Primary facility to program times when the system will be available 25 or unavailable for noncitizen use. The facility must have the ability to restrict 26 hours by telephone, housing area, and system wide. 27

19. Provide telephone reception quality that meets all inmate telephone industry 28 standards for service quality as defined by the respective State regulatory agency 29 (i.e., State Public Utility Commission) where the Primary facility is located, and 30 by the FCC. 31

20. Allows for website capability to electronically deposit funds from credit cards, 32 debit cards, money orders, or money transfers at any Primary detention facility 33 which utilize noncitizen commissary accounts. When searching for a noncitizen 34 name in the system, the searching party should NOT be able to see all the 35 noncitizens with the same name. However, ICE recognizes there are fees for 36 depositing electronic money from credit cards to establish accounts, or re-charge 37 an account. Please complete Attachment F to identify any costs and fees related 38 to electronic credit card transactions. The contractor is prohibited from charging 39 any additional fees on calls. All other government-imposed taxes and fees related 40 to phone calls are not to be included in the price per minute. Any fees or charges 41 must be approved by ICE. The following known fees are not permitted: 42

a. Prepaid Account Setup 43

b. Cash Deposits at the Kiosk 44

c. Operator assisted deposit 45

d. Prepaid Account Closeout 46

e. Inactivity Fee 1

f. Refund Fee 2

g. Monthly account management fee 3

h. Money Orders, Western Union and similar deposit fees 4

21. Allow noncitizen calls to cellular telephones as a prepaid or debit call only, 5 including domestic and international mobile. 6

22. Allow noncitizen calls to international numbers, and international mobile 7 telephones as a prepaid or debit call only. 8

23. Voice Mail/Messaging: ICE will continue to utilize a voice mail/messaging 9 service accessed by the noncitizens. 10

a. In addition, describe the costs/charges to the noncitizen, or the public for 11 access 12

b. ICE will have free access to use the voice mail system to message 13 individual noncitizens, or the facility noncitizen population. 14

c. Notice that ICE may monitor the recordings is required to be provided to 15 the noncitizen and the caller leaving a message. 16

d. The instructions for all voice mail systems shall be provided in English, 17 Spanish 18

24. Text-to-collect and/or similar services is not permissible. 19

25. Portable electronics or other enhanced telecommunications features provided by 20 the contractor to ICE noncitizens, based upon ICE and facility concurrence, may 21 be added in the future subject to approval and at no cost to DHS/ICE. These 22 features may not in any way compromise the safety and security of staff, the 23 noncitizens, or the facility. Any new or enhanced communications features shall 24 be integrated within the NCS and shall NOT be a separate system or software 25 from the NCS. 26

III. Personal Identification Numbers (PINs) 28 It is the intention of ICE to implement the NCS by PIN control in both collect and debit 29 mode at the Primary facilities, as well as a second PIN issued for tablet access. The 30 facility may elect to provide each noncitizen, via the use of PINs, with a list of authorized 31 telephone numbers. 32 The NCS shall contain, at a minimum, the following PIN-related features and 34 requirements: 35

1. Be used for both collect call mode and debit/prepaid mode. 37

2. Allow for approved destination telephone numbers to be assigned and restricted 38 by individual PIN and such telephone number lists will be approved by the 39 Primary facility. 40

3. For each PIN to have a “class of service” assigned. For example, each PIN shall 41 have a list of allowable telephone numbers, duration of each call, etc. 42

4. Restrict use of the authorized PIN assigned to each noncitizen. The PINs will be 43 determined by the Primary facility and remain consistent throughout all Primary 44 facilities. (PINs will be numeric only and a minimum of 6 (six) digits in length. 45

Currently the PIN number is a random 6 (six) digit number. Also, a biometric 1 voice verification is required on each PIN based debit telephone call. 2

5. Be capable of de-activating the PIN feature by individual noncitizen telephone, 3 groups of telephones and/or entire institutions, at the Primary facility’s option. 4

6. For noncitizens to be either approved or not approved to make phone calls or be 5 restricted to a specific telephone or groups of telephones at the Primary facility’s 6 option by PIN. 7

7. The ability to limit call durations globally (all PINs), by site, by facility area or by 8 individual noncitizen’s PIN, at the Primary facility’s option. 9

8. Be used to restrict calling times on allowed calling schedule can be provided for 10 each specific PIN, by facility area, by site and globally (all PINs), so the global 11 restrictions can take precedence over individual PIN restrictions, at the Primary 12 facility’s option. 13

9. Be used to restrict a noncitizen under disciplinary action from placing all calls 14 assigned to his or her particular PIN with the exception of privileged numbers 15 (i.e., attorney, approved clergy, and social work professionals). 16

10. The ability to limit calls to specific duration by PIN and by specific telephone 17 numbers assigned to a PIN. 18

11. Ensure the automated operator function uses the noncitizen’s pre-recorded name 19 (recorded in either the noncitizen’s voice or language) to announce to the called 20 party from whom the call is originating. It is desirable for the noncitizen’s pre-21 recorded name to be automatically inserted in subsequent calls. 22

12. Funds that are loaded to a PIN account in one Primary facility must be able to 23 transfer to another Primary facility when a noncitizen is transferred. 24

IV. Restrictions and Fraud Control Options 26 The NCS shall contain the minimum restrictions and fraud control requirements: 27

1. Allow for the Primary facility to temporarily restrict or disconnect service to an 29 individual noncitizen telephone or station, or group of telephones. 30

2. Be able to detect the called party’s attempt to initiate a 3-Way or Conference Call. 31 When this occurs, a notation will be made in the call/system management reports. 32 However, this feature must be allowed to be deactivated at the facility’s 33 discretion, on a per-number-dialed, or a per-noncitizen (PIN) basis. 34

3. Allow for the capability to randomly interject pre-recorded announcements in 35 English, Spanish throughout the duration of the conversation to the called party 36 indicating the source of the call. 37

4. A call alert feature to be activated at the Primary facility’s discretion that will 38 alert authorized facility personnel that a designated noncitizen is placing a call, or 39 a specific number has been dialed that has been assigned alert status. 40

5. A remote monitoring feature to be activated at the Primary facility’s discretion, 41 that will forward calls for silent monitoring by authorized facility personnel when 42 a designated noncitizen is placing a call, or a specific number has been dialed that 43 has been assigned alert status. 44

6. The capability for noncitizens to report criminal activity free of charge to a 1 designated Primary facility number, or to a designated voice mail assigned to the 2 facility. 3

7. Provide a voice biometric feature that will assist in authenticating an individual’s 4 identity and prevent fraud and theft from a noncitizen’s telephone account. This 5 feature would only be used on calls where a noncitizen has to directly pay for the 6 cost of the call. A complete description of the biometric application is required. 7 The use and implementation of a biometric technology will be determined by 8 DHS/ICE. The voice biometric must be flexible and adjustable on a site-by-site 9 basis. 10

8. A feature that allows a called party to easily notify the facility through some form 11 of alert or notification of harassing or unwanted calls and allow the called party to 12 block the noncitizen or facility. 13

9. The ability to report a PREA issue free of charge. 14 V. NCS Call Recording 16 The NCS shall contain the minimum call recording features and attributes requirements: 17

1. The capability to record all noncitizen calls simultaneously any time a call is 19 placed at all Primary and Tertiary facilities only. 20

2. All maintenance and upgrades provided at no cost to DHS/ICE. 21

3. A compact, portable playback system will be provided that allows for recorded 22 media to be reviewed on-site at the Primary facility, or at required off-site 23 locations. This system will allow authorized facility personnel to quickly access 24 certain time periods, certain telephone instruments, certain PINs, certain 25 destination numbers, etc. 26

4. Be able to be deactivated on a per-number-dialed and/or per-PIN basis to allow 27 for calls placed to attorneys or that are otherwise privileged to not be recorded. 28

5. Allow for and provide all equipment and software necessary for the monitoring of 29 noncitizen calls while in progress (“real time”) by authorized facility personnel. 30 Included are calls by specific noncitizen telephone, by specific PIN number, and 31 called telephone number. All live monitoring of select noncitizen calls can be 32 done by forwarding those calls to authorized facility personnel designated 33 telephone number. 34

6. Allow for live monitoring of noncitizen calls in progress from remote sites within 35 the facility other than the actual room housing the recording equipment/system. 36 At the Primary facility’s discretion, such monitoring from any facility can be 37 accomplished from one central location (e.g., the facility Investigator’s Office). 38

7. The ability for the Primary facility to transfer, download or email recorded calls 39 and information to other, more portable and readily accessible media (i.e., 40 compact disc, MP3 or digital wave file, etc.) for use by facility Investigators. 41

8. The ability to provide recorded information for all Primary facility systems via an 42 Internet/Web based application accessible by authorized DHS/ICE personnel via 43 password. 44

VI. General NCS Operational Requirements 46

The NCS shall contain the following general system operational minimal requirements: 1

1. Installation of adequate surge protection for the NCS and all NCS components, 3 without using traditional “power strips.” 4

2. Installation of adequate lightning protection equipment on all network services 5 supplied for the NCS. 6

3. A sufficient number of uninterruptible power supply (UPS) systems including 7 surge protection and line conditioning at each Primary facility, capable of 8 supporting NCS telephone components including recording devices for a 9 minimum of one (1) hour. 10

4. Replacement of all UPS system equipment upon expiration of the manufacturer’s 11 life cycle of the installed product. 12

5. The ability to automatically restrict or “shut off” all telephones so that no 13 noncitizen calls can be made when commercial power is lost and the UPS system 14 fails. 15

6. Capability of recovering from a power outage automatically or remotely once 16 commercial power is restored. 17

7. Must install UL (Underwriter Laboratory) / ETL (Electrical Testing Laboratories), 18 certified charging “ovens”. 19

VII. General NCS Management Requirements 21 The NCS shall contain the following general system management minimal requirements: 22

1. Allow for changes to be administered in “real time” while the NCS is currently in 24 use and not require the system to be taken off-line to make additions, changes or 25 retrieve reports. 26

2. Provide a Graphical Use Interface (GUI) compatible with Microsoft Windows for 27 both administration and reporting functions by authorized facility and DHS/ICE 28 personnel. 29

3. The system administration functions are available with the NCS, (i.e., new 30 account entry, account/record modification, account deletion, etc.) along with 31 samples of NCS User Interface screens. 32

4. All noncitizen communication records can be moved from one Facility to another 33 when a noncitizen is transferred. DHS/ICE will require the contractor to integrate 34 with the DHS/ICE database (i.e., ENFORCE), for identification of noncitizen 35 location and transfer of call records and financial balances. The integration of call 36 data and tablet data, as one data source to other DHS/ICE law enforcement 37 agencies will require security verifications. Any integration with ICE databases 38 will be at no cost to DHS/ICE. 39

5. All data will be securely stored locally, or in a central database. Data redundancy 40 will be stored away from the detention facility location and available to 41 authorized DHS/ICE personnel upon request. 42

6. All NCS transactions will be provided daily via a contractor owned SFTP server. 43 Any ICE department, authorized by the Contracting Officer, may have access to 44 this server by secure protocol as set by the department. During this contract 45 period, ICE may require other means of access to data, including protocol 1 requirements from the contractor at no cost to DHS/ICE. 2

VIII. Data Back-Up 4 The NCS shall provide the following data back-up features as minimal requirements: 5

1. The performance of all system and database back-ups and archiving data to be 7 retained for six years after the cutoff, which will be at the end of the calendar year 8 in which the record was created, along with hardware, supplies, network and 9 recovery procedures supplied that will ensure that no data shall be lost. 10

2. The capability of recovering all system data for all locations, to the point of full 11 system operation, using a system backup. 12

3. All database information to be stored off site from your location. (Also describe 13 how this “copy” will be kept current with the other NCS system backups). 14

4. All archived information, including NCS transactions, , noncitizen records etc. are 15 the property of DHS/ICE and to be provided on a monthly basis, or when 16 requested by authorized DHS/ICE personnel. 17

5. All backup data must be destroyed completely and securely once the retention 18 period above has been reached. 19

Pro Bono System 21

The NCS pro bono services shall be provided at all facilities (Primary, Secondary, 22 Tertiary) identified in this contract and shall permit the noncitizen to make direct calls 23 as outlined in this PWS. All noncitizens are allowed free and unlimited access to 24 Consulates, and Embassies of their choice, at any time from any facility. ICE will 25 provide a complete list of identified facilities on a periodic basis, normally monthly. 26 Pro bono free calls accounted for, and less than 2% of the total call volume minutes in 27 2019, and 1% of the total call volume minutes in 2020. This call volume is subject to 28 change based on the needs of ICE. The pro bono system shall include the following 29 minimum requirements: 30

1. Free 24/7 telephone access to Embassies, Consulates, Executive Office for 32

Immigration Review (EOIR) identified pro bono legal entities, the DHS Office of 33 Inspector General Hotline, ICE/OPR Joint Intake Center (JIC), , Immigration 34 Courts, United Nations High Commissioner for Refugees (UNHCR) , the ICE 35 Detention Reporting and Information Line (DRIL), and other DHS-ICE identified 36 Non-Governmental Organizations (NGO) and any other numbers as indicated by 37 DHS/ICE and EOIR. 38

2. Provide a centralized platform for pro bono access. 39

3. All pro bono calls must be attorney/direct, or passive accept allowing a noncitizen 40 to leave a voice message where possible. 41

4. Provisions shall be made to ensure free telephone access is available to 42 noncitizens during normal operating hours defined as approximately 7 am to 9 pm 43 (local time) at the Primary facilities or as established by DHS/ICE. Secondary 44 facilities time of day access is determined by local facility policy. 45

5. Provide facilities with specific, adequate and easy to understand written and 1 verbal instructions, in English, Spanish which will enable a connection to all 2 authorized pro bono speed dial numbers, as well as posted on the tablets. 3

6. The contractor shall provide and maintain accurate speed dial number lists for all 4 authorized pro bono numbers assigned to each detention facility. These postings 5 shall be updated on the tablet when changes are made at the Primary facilities. 6

7. Pro bono speed dial numbers are assigned geographically to facilities. Speed 7 dials outside the geographical area may be added to facility speed dial lists by 8 request and with approval of the COR. 9

8. Pro bono speed dials shall be locked to a facility whereby, only speed dials on the 10 printed list may be called. 11

9. All pro bono speed dial numbers shall be updated within 48 hours of notification 12 by DHS-ICE and posted on the tablets 13

10. A redundant centralized platform shall be located in separate physical location 14 from the primary centralized platform. Describe the host environment for the 15 redundant platform, including the disaster recovery for geographic purpose (i.e., 16 recovery from regional weather disasters). 17

11. The contractor shall coordinate all installations, configurations, facility integration 18 and ongoing updates at all facilities identified by DHS-ICE. 19

12. The contractor shall provide a quarterly verification on the accuracy and 20 connectivity of all speed dial numbers from all facilities, both to the platform and 21 through to a final connection, by site, and by called entity. Current status of the 22 verification on each pro bono speed dial number shall be included in the weekly 23 pro bono report. 24

13. The contractor shall include a backup to ensure connectivity in the event the 25 facility telephone system is down, or another emergency use as determined by 26

DHS-ICE. 27

14. The contractor shall provide a connection to the pro bono platform at no cost to 28

DHS/ICE. 29

15. The contractor is responsible for paying any and all compensation to telephone 30 providers at the Secondary facilities for completing pro bono telephone calls. ICE 31 is not responsible, nor is ICE privy to what (if any) compensation is paid by the 32 contractor to the secondary facility telephone company. 33

Pro bono numbers will be provided by ICE for each facility. Currently, there are 34 approximately 2,000 pro bono speed dial numbers and an additional approximately 800 35 numbers related to litigation Settlements. It is the contractor’s responsibility to verify 36 these are valid numbers and keep them updated. The pro bono numbers include but are 37 not limited to: 38

1. The local immigration court and the Board of Immigration Appeals. 40

2. Federal and State courts where the noncitizen is located or may become involved 41 in a legal proceeding. 42

3. Consular officials and offices. 43

4. EOIR approved pro bono legal service providers, in pursuit of legal representation 44 or to engage in consultation concerning his/her removal case. 45

5. Other Government offices, to obtain document relevant to his/her immigration 1 case. 2

6. 3

Facilities or the NCS provider shall not require noncitizens to pay for the types of calls 6 listed above. The NCS provider shall enable all noncitizens to make calls to the approved 7 EOIR list of free legal service providers and consulates at no charge to the noncitizen, the 8 receiving party, or ICE. Any fees emanating from outside facilities for these calls are the 9 responsibility of the NCS contractor. 10 Language Requirements for NCS (Including Pro Bono) 12 The NCS shall recognize the unique challenges of the multiple languages spoken by 13 noncitizens at DHS-ICE detention facilities. All requirements must be in English, 14 Spanish. ICE reserves the right to require additional languages as needed at no cost to 15 DHS/ICE. The NCS shall include these minimum language requirements: 16

1. English, Spanish at all locations. ICE has the option to add additional languages 17 as needed at no cost to DHS/ICE, per facility or system wide. 18

2. The announcement presented to the called party, will include at a minimum: 19

a. Language prompting 20

b. Access to Collect, Prepaid collect and Debit 21

c. Access to pro bono system 22

d. Called party announcement indicating call from a noncitizen at a detention 23 facility, cost of the collect call, instructions to block future calls, call is 24 recorded and monitored, instructions for any billing questions or to set up 25 prepaid services, at a minimum. 26

3. The contractor shall post instructional signage in English, Spanish at all facilities 27 and shall include: 28

a. Overall, simple dialing instructions 29

b. Collect call and prepaid collect call dialing instructions 30

c. Debit call dialing instructions 31

d. How to file a complaint 32

e. All calling rates including local, long distance and international 33

f. Any special rate (i.e. international) outside the calling rates posted, shall 34 announced to the noncitizen on each call, accepted, and prior to being 35 completed. 36

4. Pro bono information to be posted in English, Spanish at all facilities to include at 37 a minimum: 38

a. Simple dialing instructions for access to the pro bono centralized system. 39

b. List of all authorized pro bono Speed Dial numbers, (speed…