Performance Work Statement.docx

RFP # 70CDCR20R00000005 PWS

PERFORMANCE WORK STATEMENT (PWS)

U.S. DEPARTMENT OF HOMELAND SECURITY (DHS)

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS (ERO)

AND HOMELAND SECURITY INVESTIGATIONS (HSI)

SAN ANTONIO FIELD OFFICE (SNA)

TRANSPORTATION SERVICES

PERFORMANCE WORK STATEMENT

TABLE OF CONTENTS

SUBSECTION 1 – INTRODUCTION

SUBSECTION 2 - GENERAL ADMINISTRATION, ORGANIZATION AND MANAGEMENT

SUBSECTION 3 - PERSONNEL

SUBSECTION 4 - TRAINING

SUBSECTION 5 - POST SECURITY AND CONTROL

SUBSECTION 6 - HEALTH, SAFETY AND EMERGENCY STANDARDS

SUBSECTION 7 - FACILITY, EQUIPMENT, AND SUPPLIES

7.1 CONTRACTOR’S ADMINISTRATIVE OFFICE, EQUIPMENT, MATERIALS 43

AND SUPPLIES FURNISHED BY THE CONTRACTOR

7.2 ICE INFORMATION TECHNOLOGY SECURITY REQUIREMENTS 44

SUBSECTION 1 - INTRODUCTION

1.1 OBJECTIVE

The objective of this contract is for the provision, operation and management of the transportation and protection of detainees for U.S. Immigration and Customs Enforcement (ICE). Services will be primarily, but not exclusively, needed at locations in the Texas Counties highlighted in Attachment 1 (Texas Map of Counties in Primary Coverage Area) and to the addresses listed in Attachment 2 (SNA Transportation Address List). As necessary, transportation services may be required to Texas counties outside Attachment 1, and, in some cases, to locations in bordering states.

This performance Work Statement (PWS) describes a performance-based work environment in terms of “what” the required detention/transportation service outputs are, rather than “how” to perform the work. This PWS also attempts to create a Government-Contractor relationship that promotes achievement of mutually beneficial goals and promotes a partnership environment. The Contractor is encouraged to strive for constant improvement and innovation in the performance of this contract as long as the performance objectives are being achieved at the desired levels of performance. ICE will monitor the Contractor using a Quality Assurance Surveillance Plan (QASP). The ultimate goal of this PWS is for the Contractor to establish a quality customer-focused multifunctional team meeting the needs of ICE.

1.2 BACKGROUND

ICE is responsible for the detention, health, welfare, transportation and deportation of immigrants in removal proceedings and immigrants subject to final order of removal. The intent of this contract is to identify Detention/Transportation Officer tasking as appropriate for managing this activity. This work involves the management, transportation, and the escort of immigrants, including those in removal proceedings, immigrants subject to final order of removal, material witnesses and criminal detainees which include United States Citizens and Lawful Permanent Residents in a secure manner. This contract will provide detention/transportation services primarily, but not exclusively, to the U.S. Immigration and Customs Enforcement (ICE), San Antonio Filed Office and Homeland Security Investigations.

1.3 MISSION

The mission of Enforcement and Removal Operations (ERO) directorate is the planning, management, and direction of a broad program relating to supervision, detention and deportation of immigrants who are in the United States illegally. These activities are chiefly concerned with enforcement of departure from the United States of immigrants who have entered illegally or have become removable after admission. In implementing its mission, ERO is responsible for carrying out all orders for the required departure of immigrants handed down in removal proceedings, or prior thereto, and arranging for detention of immigrants when such becomes necessary.

The mission of Homeland Security Investigations directorate is to investigate a wide range of domestic and international activities arising from the illegal movement of people and goods into, within and out of the United States. HSI uses its legal authority to investigate issues such as immigration crime, human rights violations and human smuggling; smuggling of narcotics, weapons and other types of contraband; and financial crimes, cybercrime and export enforcement issues. ICE special agents also conduct investigations aimed at protecting critical infrastructure industries that are vulnerable to sabotage, attack or exploitation. ICE investigations cover a broad range of areas, including national security threats, financial and smuggling violations (including illegal arms exports), financial crimes, commercial fraud, human trafficking, narcotics smuggling, child pornography/exploitation and immigration fraud.

1.4 PERFORMANCE WORK STATEMENT

The Contractor shall provide all transportation services required to transport detainees securely to locations as directed by the COR or designated ICE official in accordance with current and any future revisions to the Performance Based National Detention Standards (PBNDS) 2011, ICE Family Residential Standards, and all applicable Federal, State, and local laws and regulations. During all transportation activities, at least one officer must be the same sex as the detainee. If a same-sex officer is not available, the transportation mission must be approved by the COR or ICE designated official prior to the service being performed. All officers must be armed and meet applicable firearm Federal, State, and local laws. Operations are primarily conducted in the State of Texas, but, on occasion, transportation services will be required to adjoining states; vehicles and Transportation officers must meet applicable State and federal DOT and firearm laws.

The Contractor shall provide vehicles to safely provide the required transportation services and shall comply with all federal, state, and local laws with regard to inspections, licensing, and registration for all vehicles and firearms used for intra and interstate transportation. The Contractor shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles, post assignments, and ICE officials. The Contractor shall review specific individual requests required and create a disparate plan to achieve successful results. The Contractor shall provide full and complete cooperation for any data request, inquiry or investigation conducted by the Government related to this contract.

1.5 TRANSITION-IN PLANS

The Offeror shall develop and implement a Transition-In Plan to transition from the current contract to this Transportation Service Contract within 90 days of contract award. The Contractor shall develop and implement a Transition-In Plan for Transportation Services and have all personnel, resources, permits, licenses, vehicles and electronic G-391 ordering and dispatch services in place and ready for commencement on the first day of operations. The transition will be transparent and seamless to the customers and detainees with no degradation or breaks in service availability while maintaining existing security, service quality, contract support, performance levels, and an orderly transition of assets. In addition, the transition will be completed within 90 days from contract effective date and the Contractor will coordinate and integrate the Transportation Service Contract transition-in tasks with the current Contractor’s transition-out tasks. Transition activities for transportation services includes all services currently being performed by the incumbent Contractor under the existing contract including (but not limited to); transportation, escort services, providing of sack lunches, and monthly reports.

1.6 DETENTION/TRANSPORT OFFICER PERFORMANCE

1.6.1 Contractor Detention/Transport Officers shall:

1.6.2 Anticipated Transport Routes:

The transport of detainees to and from various destinations by the Contractor shall be performed by the most economical and direct means, using traditional highways while being cognizant of local traffic conditions. Historical routes (Attachment 3 – ERO Ground Transportation Detailed Summary and Attachment 4 – HSI Ground Transportation Detailed Summary) provided for this requirement are for informational purposes only and do not in any means dictate future routes or frequencies. Billable mileage begins at the detainee pick-up location and ends at the detainee drop-off point. Mileage to and from vendor’s depot will not be invoiced or reportable.

1.6.3 Origination/Destination Locations

informational purposes only and by no means limit the transportation requirements the Government may require or request.

1.6.3.2 Hotel and Per Diem will only be considered for: travel outside of the Texas counties in Attachment 1 or to adjoining states, HSI extended operations or mass evacuations. All travel shall occur in accordance with the Federal Travel regulation (FTR) and approved in advance by the Contracting Officer Representative (COR) or will not be reimbursed.

1.7 TRANSPORTATION

1.7.1 Transportation Services:

1.7.1.4 In the event a trip is ordered by the Government and the contractor departs from its hub, and then the trip is cancelled by the Government, and the Contractor does not pick up any detainees during this time, the Contractor shall immediately return to its hub and only bill the miles that were executed during this time by the Contractor under the appropriate Transportation CLIN. In no case, will the contractor bill for more miles than the original planned route distance.

1.7.2 Stationary or Escort Guard Services

The Contractor shall provide armed stationary or escort detention services by request of the COR, Contracting Officer (CO), or an ICE-designated official 24 hours a day, 7 days per week, including holidays as specified by the Government on the Transportation Service Request (Form G-391-ICE Contractor Official Transportation Order). Stationary or Escort guard services will be available at the requested locations within 2 hours of notification by the Government to the Contractor. These services shall include, but might not be limited to, escorting and guarding detainees for emergency medical services, to medical or doctor’s appointments, immigration and criminal court hearings, ICE interviews, and any other location requested by the COR, CO, and/or ICE-designated official. Such services shall be performed by qualified detention officer personnel employed by the Contractor under its policies, procedures, and practices. The Contractor shall agree to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Contracted stationary or escort guards shall be posted in areas that provide constant visual and auditory surveillance of detainees and provide Detention/Transportation Officers with the capability to respond promptly to emergency situations. Public contact needs to be prevented or be kept to a minimum, unless authorized in advance by the COR or an ICE-designated official.

1.8 OPERATING CONTRACTOR OWNED VEHICLES

1.8.1 For vehicles with a capacity of 15 passengers (including the driver,), or more, the driver shall operate the vehicle in accordance with the Commercial Drivers’ License (CDL) manual or the highest prevailing standard and must maintain complete control of the vehicle at all times, obeying all posted traffic signs (including speed limits) and exercising extreme caution, reduced speed, and common sense when negotiating a steep grade or driving in inclement weather or hazardous road conditions. In order to support the Federal Government’s initiative to reduce pollution, support renewable energy, and operate more efficiently, ICE encourages the use of fuel efficient vehicles and operations that provide a measurable reduction in carbon emissions.

1.8.2 The transporting officers shall comply with all local, State and Federal motor vehicle regulations (including DOT, Interstate Commerce Commission, and Environmental Protection Agency), including, but not limited to:

1.9 PRE-DEPARTURE AND SECURITY CHECK FOR CONTRACTOR OWNED OR GOVERNMENT FURNISHED VEHICLE

1.8.1 Prior to departure, all transportation officers assigned to transport detainees must be present to ensure a complete and thorough inspection and search and shall:

1.10 REQUIRED DOCUMENTS

1.10.1 No detainee may be removed from any facility, including field office detention areas, unless a Form G-391 is furnished by an ICE official, authorizing the removal.

In the Service Processing Centers, (SPCs), and Contract Detention Facility, (CDFs), it is the responsibility of the Supervisory Deportation and Detention Officer (SDDO), or authorized designee to check records and ascertain if the detainee has a criminal history, is dangerous, or has an escape record. Any information of an adverse nature shall be clearly indicated on the G-391 and the escorting officers shall be warned to institute the necessary precautions. Before beginning the detail, the escorting and transportation officers shall read their instructions and clearly understand the purpose for which the detainee is being taken from the facility. The officers shall also discuss emergency and alternate plans with the SDDO or authorized designee beforehand. The SDDO must approve these plans prior to departure.

1.10.2 Documents That Accompany Detainee

PBNDS 2011 explains the files and documents that must be prepared and organized in preparation for a detainee’s transfer. Prior to departure, ERO or HSI staff of the sending facility is required to complete a Detainee Transfer Checklist to ensure all procedures are completed and place a copy in the detainee’s A-file or work folder.

The Detention Standard on Transfers of Detainees also requires that, when a detainee is transferred within the Detainee Immigration Health Service (DIHS) system, the Government will provide a Transfer Summary (that includes medical documentation), and the detainee’s official health records, to accompany the detainee. The official health records are to be placed in a sealed envelope or other container labeled with the detainee's name and the number assigned to the detained (called an A-number) and marked "CONFIDENTIAL MEDICAL RECORDS." When a detainee is transferred to an IGSA or ICE detention facility, only the Transfer Summary is to accompany the detainee.

The Contractor may not transport a detainee without the required Transfer Summary – which is essential for detainee safety while in transit – and is responsible for delivering the Transfer Summary and other medical materials to appropriate medical personnel at the receiving facility.

1.10.3 To ensure that the receiving facility also receives the detainee’s files and other required documentation:

· Contracted transportation officers may not accept a detainee without the required documents that are to be provided by ICE officials prior to departure unless the COR approves this before the transport.

· The receiving facility may refuse to accept a detainee without the required documents that are to be provided by ICE officials prior to departure.

1.11 DEPARTURE SCHEDULING AND SECURITY

The Contracted personnel assigned shall organize their driving time, so the detainees arrive at the designated meeting area prior to their scheduled engagement. Before transferring detainees from one facility to another, a designated officer shall inform the receiving office:

1.11.1 The estimated time of departure and arrival (ETD/ETA);

1.11.2 The number of detainees in each of the following categories: new arrivals (remaining at the facility); drop-offs; and overnighters;

1.11.3 The total number of detainees on this trip (if multiple vehicles, how many detainees per vehicle);

1.11.4 Any special-handling cases, with details about the special requirements such as medications, restraints, etc.; and

1.11.5 Notification of any actual or estimated delays in departure, and the accordingly revised ETA(s).

1.12 TRANSFER OF FUNDS, VALUABLES, AND PERSONAL PROPERTY

In accordance with PBNDS 2011 on Admission and Release and Funds and Personal Property, ICE will inspect and inventory the personal property of detainees transferring from one facility to another. In addition, at the originating facility:

1.12.1 Transport staff shall ask each detainee whether he or she has in his or her possession all funds, valuables, and other personal property listed on the property inventory form.

· If a detainee answers “yes,” he or she may board the vehicle.

· If a detainee claims missing funds, valuables or personal property, the detainee shall remain at the facility until completion of the required paperwork. Photocopies of the completed forms are sufficient documentation for the transfer to proceed.

· The Contractor will provide assistance preparing detainees coming into ERO or HSI custody from any facility or location requested by ERO or HSI to include, but not limited to, Border Patrol, Customs and Border Protection, Local Agencies, etc. This assistance includes, but is not limited to: valuable property accountability, bagging and tagging detainee property, maintaining accountability for the property, and transporting property in accordance with PBNDS 2011 and established procedures.

1.13 LOADING A CONTRACTOR OWNED VEHICLE

· Extra attention is to be paid to detainees with physical or mental health conditions, or who may need to be afforded closer observation for their own safety.

· To ensure that disabled detainees are transported safely and securely, transportation officers shall make reasonable accommodations for them, in so far as is practicable.

· Detainees in restraints (whose documents or behaviour in transit indicate a security risk) and be kept under closer observation. A logged record must be maintained of the detainee’s name, reason for using restraints, type of restraints, and times restraints were applied and removed. This record must be accessible to the Government upon request.

· A physical man-count that accounts for every individual in the supervision of the Contractor must be completed once all passengers are seated on board, and every time before resuming the trip after the vehicle makes a scheduled or unscheduled stop.

1.14 RESPONSIBILITIES EN ROUTE

1.14.1 Point of Contact: The destination receiving office on the vehicle route serves as the contact point and is responsible for monitoring the vehicle's schedule. Upon making contact with an arriving vehicle, the receiving officers shall certify that they are taking custody of the specified detainees by signing the accompanying Form I-216 for ERO. HSI will utilize form USM 41.

1.14.2 Safety and Security: For safety purposes, all personnel shall remain seated while the vehicle is in motion. Transportation vehicle cage doors from the vehicles cages shall remain locked whenever detainees are on board, and oversight must be at its max capacity during transport. The Contractor must remain alert at all times for behavior that could jeopardize safety and security.

1.14.3 Detainees shall not have access to any personal baggage or packages while in transit (except as specified in Items Detainees May Keep in Their Possession earlier in this document). Every Transportation Officer and only Transportation Officers must have the capability to unlock every lock located in or on the vehicle at any given time throughout the trip.

1.14.4 All contract vehicles will be equipped with surveillance cameras with the ability to monitor and record. The Contractor shall maintain and store footage of all surveillance cameras for a minimum of 6 months. The government will be provided copies of all recordings, upon request, within 24 hours.

1.15 MEALS

The vehicle crew shall provide meals and snacks during any transfer that exceeds six hours, and at any time requested by the COR or ICE designated official. Officers shall consider when the detainees last ate before serving meals and snacks. The requirements specified in the PBNDS 2011 apply equally to food served in transit and in detention facilities. Special dietary needs should be identified to the Contractor before departure, so suitable meals can be arranged.

1.15.4 Sack lunches may be requested by ICE officials at any time and quantity for support of ICE operations

1.16 VEHICLE COMMUNICATION

The Contractor shall provide and ensure that all vehicles have a functioning two-way radio. Every transportation crew shall also carry at least one portable radio that can communicate with the other Contractor, so the officers can maintain contact if one or more has to leave the vehicle. The vehicle’s communications system shall also include a Contractor provided cellular phone for use when radio communications are degraded, such as dead zones, different frequencies, etc.

1.17 CONTRACTOR OWNED VEHICLE SANITATION

Vehicles must be kept clean and sanitary by the Contractor at all times (if applicable) by:

1.18 USE OF RESTRAINTS

In accordance with PBNDS 2011, Use of Force and Restraints, and the Detention Standard on Transportation (by Land), Officers shall use authorized techniques and common sense when applying restraints. To ensure safe and humane treatment, the officers shall check the fit of restraining devices immediately after application, at every relay point in which there is a needed stop, and any time the detainee complains. Properly fitting restraints do not restrict breathing or blood circulation. The officers shall double-lock the restraining device(s), and secure the handcuffs to the waist chain, if applicable. Under no circumstances shall officers attach a restraining device to an immovable object, including, but not limited to, security bars, seats, steering wheel, or any other part of a vehicle. Officers carrying firearms shall exercise caution if close contact with a detainee becomes necessary in an emergency.

As a rule, transporting officers shall not handcuff women or minors. If an exception arises, the officers shall document the incident on the G-391, recording the facts and the reasoning behind the decision. Typically, HSI arrests will require handcuffing, which will be noted on the G-391 as required per the HSI Arrest Procedures Handbook

1.19 EMERGENCY SITUATIONS

If an emergency occurs within a reasonable distance of an ICE-ERO or HSI office, the officers shall make every effort to reach that office before taking extraordinary measures. However, if moving seems ill-advised or impossible, they shall contact the nearest ERO or HSI office, stating location and the nature of the problem so the ERO or HSI office can respond, secure and provide assistance as quickly as possible.

If the situation is life-threatening, and the vehicle crew cannot afford to wait for help from an ICE-ERO or HSI office; but needs to take immediate action, the following must occur:

1.19.9 Contractor Owned Vehicle Breakdowns: The Contractor shall propose written procedures for vehicles crews involved with vehicle breakdowns while detainees are under the Contractor’s supervision. At all times, the Contractor shall ensure all detainees are accounted for. The Contractor must report the incident in the G-391 form. Procedures must include steps taken for trips with Contractor owned vehicles and Government furnished vehicles. To the best extent possible, after a vehicle breakdown, it is still the sole responsibility of the Contractor to transport detainees to their assigned locations on schedule. If the Government furnished vehicle is unable to be driven due to a breakdown, it is the responsibility of the Government to transport any Government furnished vehicle from the breakdown location to a Government designated area. The Contractor must immediately inform the COR and provide a status updates following all vehicle breakdowns. If the Contractor experiences or observes any problems, issues, or concerns with any Government vehicles at initial inspection or during use, the Contractor must inform the COR or designated ICE Official, within two, (2) hours of discovery.

1.19.10 Natural Disasters: The Contractor shall develop written procedures for transportation officers to follow in severe weather or a natural disaster. In a flood, dust storm, ice storm, tornado, or other natural disaster, the vehicle crew shall contact State authorities to assess road conditions along the planned route. If driving conditions are unlikely to improve, the vehicle crew shall look for a safe area to park the vehicle and request further instructions from the receiving office. When contacting the office, the vehicle crew shall give all available information concerning the vehicle’s location. This can include highway markers, buildings, unusual structures, or other identifying features. Should it become necessary to exit the vehicle, the detainees shall be directed to a safe area. When this occurs, officers shall maintain a heightened alertness throughout the emergency. When the emergency has passed, the officers shall return all detainees to the assigned vehicle and conduct an accurate count.

1.20 TRANSPORTATION OF FEMALES, TRANSGENDER, AND MINORS

1.20.1 Females may be transported by bus for no more than ten hours. Otherwise, transportation by auto or van is required, with frequent breaks. Females shall be highly visible to all transportation officers at all times, seated in the front of the vehicle. The Contractor shall ensure that during all transport activities, at least one (1) transportation officer shall be of the same sex as the residents being transported. If there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender as the detainee(s) must be present.

1.20.2 Minors shall be separated from unrelated adults at all times during transport and seated in an area near officers and under their close supervision. When transporting juveniles, refer to ICEERO Family Residential Standard, “Transfer of Residents” and ICE/ERO Family Residential Standard, “Transportation (By Land).” Low risk Juveniles and Females may be transported by one armed and one unarmed guard on a case by case basis and only with prior approval of the COR. The COR's approval will only be valid for 90 days. Extensions can be requested and must be approved prior to action. Unarmed Transportation officers will have met all qualifications stated in Subsection 4 of the PWS and can only be approved for duty if they are pending issuance of a Texas License to carry a handgun.

1.20.3 Contractor will provide all car seats and booster seats when transporting children and infants as required by state law.

1.20.4 Transgender Individuals: When a detainee is in the care of the Contractor, the contracted officer shall review the detainee's record and documentation. If the record indicates the detainee' s gender identity differs from his or her biological sex, the Contractor shall only ask questions related to gender identity when such information is necessary to ensure the safety and security of other detainees and staff. For the safety of the detainees, this information will be included in the G-391. In addition, the Contractor shall ensure that sensitive information, such as the detainee's gender identity, is not used to the detainee's detriment by Contractor personnel or other detainees. If there is an expectation that a pat down will occur during transport, an assigned transportation staff member of the same gender that the detainee identifies as, must be present.

1.21 CONTRACTOR OWNED VEHICLE MAINTENANCE

All vehicles used for transporting ICE detainees shall comply with annual safety inspections requirements in accordance with applicable Federal and state law. Vehicles shall not be used for transportation if any safety repairs are needed.

1.22 RULES AND REGULATIONS

The Contractor shall abide by all rules and regulations governing Detention/Transportation Officer Performance. The rules and regulations are found in the following sources:

1.23 CONFLICTS OF LAWS OR STANDARDS

In the event of a conflict between two or more laws or standards, the more stringent standard shall apply unless the Contracting Officers specifically directs otherwise in writing. If the Contractor is unable to determine which law or standard is more stringent, the Contractor should consult the Contracting Officer (CO), who will make a determination.

1.24 DEFINITIONS

Adult Detainee – Any detained immigrant, U.S. Citizen or Lawful Permanent Resident eighteen (18) years of age or older or anyone adjudicated in a criminal court to constitute an adult.

Classification - A process for determining the needs and requirements of those detainees for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.

Contraband - Any item possessed by a detainee or found within the facility, which is declared illegal by law, or expressly prohibited, by ICE or the Contractor. Contraband may include, but is not limited, to the following: drugs and alcohol, sharp objects or hardware that could be fashioned into a weapon, perishable foods that may pose health or spoilage problems, and printed materials that incite to riot, agitate the population, or otherwise cause safety and security problems.

Contract Detention Facility (CDF) - Refers to Contractor owned, and Contractor operated facilities for housing detainees.

Contract Specialist (CS) - ICE employee responsible for contract compliance, contract administration, cost control, and reviewing the COR’s assessment of the Contractor’s performance.

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

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

Contractor Employee - An employee of a private Contractor hired to perform a variety of detailed services described in the PWS.

Contracting Officer’s Representative (COR) - The ICE employee(s) appointed by the Contracting Officer to monitor all technical aspects of the contract, certify invoices for payment, and assist in administrating the contract.

Credentials - Documents providing primary source verification including education, training, licensure, experience, board certification and expertise of an employee.

Department of Homeland Security (DHS) – A department of the United States Government, which includes the agency – U.S. Immigration and Customs Enforcement (ICE).

Detainee - Any person confined under the auspices and the authority of any federal agency, primarily the Department of Homeland Security (DHS).

Detainee Records – Information concerning the detainee’s personal, criminal and medical history, behavior and activities while in custody, including but not limited to detainees’ personal property receipts, visitor list, photographs, fingerprints, disciplinary infractions and actions taken, grievance reports, miscellaneous correspondence, and…