Draft -PREA Re-Compete - SOW - Clean (2).docx

Immigration and Customs Enforcement Office of Professional Responsibility External Review and Analysis Unit

PRISON RAPE ELIMINATION ACT (PREA) AUDITING SERVICES

Statement of Work (SOW)

March 9, 2026

Confidentiality Statement

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public or other personnel who do not have a valid “need-to-know” without prior approval of an authorized DHS official.

70CDCR21D00000007

1.0 BACKGROUND

1.1 DETENTION FACILITY TYPES

2.0 OBJECTIVES

3.0 GENERAL REQUIREMENTS

3.1 PERIOD OF PERFORMANCE

3.2 TRANSITION PERIOD

3.3 PLACE OF PERFORMANCE

3.4 HOURS OF OPERATION

3.5 RECOGNIZED FEDERAL HOLIDAYS

3.6 ROLES AND RESPONSIBILIITES OF GOVERNMENT PERSONNEL

3.7 TRAVEL

3.8 GOVERNMENT FURNISHED EQUIPMENT (GFE)

3.9 GOVERNMENT FURNISHED INFORMATION (GFI)

3.10 POST AWARD CONFERENCE/PERIODIC PROGRESS

3.11 EMERGENCY, NATURAL DISASTER AND OTHER OCCURRENCES

3.12 DATA RIGHTS, WORK PRODUCT, EQUIPMENT AND MATERIAL

3.13 CONTRACTOR EMPLOYEE IDENTIFICATION

3.14 STANDARD OF CONDUCT

4.0 SPECIFIC REQUIREMENTS

4.1 CONTRACT MANAGEMENT TASKS

4.2 TRAINING

5.0 LABOR CATEGORIES EDUCATION AND EXPERIENCE REQUIREMENTS (Key Personnel)

6.0 SECURITY REQUIREMENTS

7.0 CONFLICT OF INTEREST AVOIDANCE INFORMATION

8.0 DELIVERABLES

8.1 ACCEPTANCE CRITERIA

8.2 NOTICE REGARDING LATE DELIVERY

9.0 QUALITY ASSURANCE AND MONITORING OF WORK DELIVERABLES

1.0 BACKGROUND

The U.S. Department of Homeland Security (DHS)1 Final Rule, 6 CFR Part 115, ICEB–2012–0003; RIN 1653–AA65, Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (March 7, 2014)2 establishes robust safeguards against sexual abuse and assault of individuals in DHS custody for facilities utilized by:

1. The Office of Enforcement and Removal Operations (ERO), the entity responsible for managing detainees in the custody of the U.S. Immigration and Customs Enforcement (ICE), and by extension, the facilities where individuals who are in ICE custody are detained; and

2. The Office of Field Operations (OFO) and the U.S. Border Patrol (USBP), organizational elements of U.S. Customs and Border Protection (CBP) within DHS. CBP detains individuals in holding facilities for the shortest time necessary to process, release, repatriate or transfer.

These standards prescribe a wide range of requirements for ICE’s long term immigration detention facilities and ICE’s and CBP’s short-term holding facilities with regard to preventing, detecting, and responding to incidents of sexual abuse and assault, including requirements related to screening, risk assessment, staff training, detainee education, reporting, coordinated response, medical and mental health care, investigation, and data monitoring.

DHS divided the standards into three separate subparts - A, B, and C. Provisions contained in Subpart A—Standards for Immigration Detention Facilities, are applicable to ICE’s immigration detention facilities. ICE is the only agency within DHS that falls under Subpart A. Provisions contained in Subpart B—Standards for DHS Holding Facilities Coverage, are applicable to ICE’s and CBP’s holding facilities. Provisions contained in Subpart C—External Auditing and Corrective Action, are specific to DHS’ implementation of the audits and ensuring agency compliance with the standards. Subpart C is applicable to ICE and CBP.

1.1 DETENTION FACILITY TYPES

Facilities that house ICE or CBP detainees are classified as one of the following:

· Service Processing Centers (SPCs): ICE-owned facilities staffed by a combination of Federal employees and contract staff;

· Contract Detention Facilities (CDFs): Owned by private companies and contracted directly with ICE;

· Intergovernmental Service Agreements (IGSAs): Services at IGSA facilities are provided to ICE by States or local governments through agreements and may be owned by the State or local government, or a private entity. There are two types of IGSA facilities: Dedicated IGSA facilities, which house detained migrants only, and non-dedicated (i.e., shared) IGSA facilities, which may house a variety of detainees and inmates; and, 1 Where DHS is referenced in this SOW it should be understood as inclusive of both ICE and CBP agencies, unless otherwise stated.

2 To be referred to herein after as the “DHS PREA Standards.”

· Holding and staging facilities: Operated by ICE or CBP and are designed for confinement that is short-term in nature, but are permanent structures intended primarily for the purpose of such confinement.

· Soft-sided facilities:

SPCs, CDFs, and D-IGSA and IGSA facilities are confinement facilities that routinely hold persons for more than seventy-two (72) hours pending resolution or completion of immigration removal operations or processes.3 Holding and staging facilities are facilities that contain holding cells, cell blocks, or other secure enclosures that are: (1) under the control of the agency; and, (2) primarily used for short-term confinement of individuals who have recently been detained pending release or transfer to or from a court, jail, prison, other agency, or longer-term housing.4

ICE’s facilities are subject to the DHS PREA Standards as a result of new contracts, contract renewals, or substantive contract modifications; however, contract terminations, facilities with an ‘as needed’ bed capacity, along with many other factors, may affect an agency’s total active facility count. Therefore, the number of immigration detention facilities and holding facilities to be audited will adjust over time. ICE anticipates approximately 22% (25 estimated facilities) of its audits will occur at holding facilities and approximately 78% (90 estimated facilities) will occur at immigration detention facilities.5 Of the immigration detention facilities, ICE roughly estimates 13% of audits will be considered ‘Over 400’ facilities (as defined in section 4.0 - Specific Requirements, below) and 87% of audits will be considered ‘Under 400’ facilities; however, as facility populations fluctuate, this estimated breakdown is a point-in-time snapshot approximation. CBP estimates that sixty (60) of its audits will be conducted at holding facilities and one (1) audit of certain sexual abuse and assault investigative provisions will not have an on-site phase.

2.0 OBJECTIVES

DHS seeks to acquire professional auditing services in order to remain compliant with the DHS PREA Standards. The Contractor will conduct audits of all eligible ICE immigration detention facilities, ICE holding facilities, and CBP holding facilities, for the purpose of assessing each facility’s compliance with the DHS PREA Standards.

Under the regulation, each immigration detention facility covered by the DHS PREA Standards must be audited at least once every three (3) years, and each holding facility housing detainees overnight must be audited within three (3) years of July 6, 2015. Holding facilities deemed to be “low risk” after their initial audit must subsequently be audited at least once every five (5) years, and all other holding facilities at least once every three (3) years. The full DHS PREA Standards are attached (see Attachment 1).

3.0 GENERAL REQUIREMENTS

3.1 PERIOD OF PERFORMANCE

3 To be referred to in this SOW as “immigration detention facilities.”

4 To be referred to in this SOW as “holding facilities.”

5 Unique facility counts provided here will not match the audit counts in the below Estimated Audit Count by Agency and Contract Year table as facilities are re-audited every 3 to 5 years and may be audited more than once during the contract’s period of performance.

The anticipated period of performance is listed below:

Base Period: 09/13/2026- 09/12/2027 Option Period 1: 09/13/2027 – 09/12/2028 Option Period 2: 09/13/2028 – 09/12/2029 Option Period 3: 09/13/2029 – 09/12/2030 Option Period 4: 09/13/2030 – 09/12/20316

The Contractor should be aware that its workload may fluctuate with periods of time that require a substantially higher workload and other periods of time during which minimal or no work may be needed, depending on an agency’s audit workload. The below estimated audit count by Agency and contract year table provides an estimation of the anticipated audit count by contract year. Any changes to the below estimation shall be provided to the Contractor by the respective Contracting Officers Representative (COR) no later than two (2) months before the start of the following option year period.

Estimated Audit Count by Agency and Contract Year

3.2 TRANSITION PERIOD

The Contractor shall begin performance within one (1) month of the award date, minimizing potential decreases in productivity and to prevent possible adverse impacts on required services.

During this period, the Contractor will implement and manage those activities outlined in an approved transition plan, transitioning service from the current contract and prepare their staff for full performance operations.

The Contractor will be responsible for transitioning current operational responsibilities and open projects to its control. Transition activities include planning, discover, and programmatic functions (e.g., contract management, human resource management, quality assurance, etc.) necessary to transfer all logistical and technical support to the Contractor’s operations. Transition will include all activities necessary to become fully operational within one (1) month, including having all required staff CBP BI cleared.

The transition period will be at no cost to the Government.

3.3 PLACE OF PERFORMANCE

Approximately 30% of the Contractor’s work is expected to be performed onsite at the DHS immigration detention facilities or holding facilities. The remaining 70% of the Contractor’s work

(preparing for an audit, reviewing facility documentation, and drafting reports) will be performed at the Contractor’s personal or corporate workspaces. Unless otherwise specified, access to computers or internet will not be provided for Contractor personnel onsite during the audits at the DHS immigration detention facilities or holding facilities. However, a designated space will be provided to the Contractor onsite for private interviews. See Section 3.8, Government Furnished Equipment.

PREA audits shall normally be performed at DHS facilities in the Continental United States (CONUS) and seldomly Outside the Continental United Sates (OCONUS). OCONUS locations may include Alaska, Hawaii, U.S Territories, and Possessions. Scheduled audits are subject to change or cancellation within 24 hours of the scheduled audit. Any change or cancellation will be communicated to the Contractor by the COR or Assistant COR (ACOR). For the purpose of this SOW, we will only refer to the COR; however, if an ACOR is assigned to a contract, he or she may perform the same functions as the COR.

3.4 HOURS OF OPERATION

Contractor employees will normally perform audits during the core business hours of 8:00 am to 6:00 pm but may also arrange, with the approved concurrence of the audited facility, to conduct audit activities during non-core business hours (e.g., interviewing facility staff from all shifts). Audits will generally occur Monday through Friday, except Federal holidays, as directed by the COR.

All contractor personnel with access to CBP networks are responsible for maintaining continuous access by adhering to all established login and security protocols, including the minimum 30-day login requirement to prevent lockout.

Should any contractor personnel require OIT assistance and CBP supervisor approval to reactivate network access due to a lockout, all such requests and associated communications with CBP personnel (including the COR or other Federal representatives) shall occur only during CBP's normal business hours (e.g., 8:00 am to 4:00 pm, Monday through Friday, excluding Federal holidays). Communications received outside these hours will be addressed on the next business day.

The Contractor's Project Manager (PM) or Assistant Project Manager (APM) is responsible for monitoring and preventing such access issues for all contractor personnel under this contract. Time spent by the PM or APM, or any other contractor personnel, on resolving network access issues (including contacting CBP for approval or OIT assistance) shall be unbilled hours and at no cost to the government.

Repeated failures by any contractor personnel to maintain network access, resulting in more than two (2) requests for OIT assistance and CBP supervisor approval within a six-month period for that individual, may be considered a performance deficiency and subject to contractual remedies.

3.5 RECOGNIZED FEDERAL HOLIDAYS

The Contractor shall adhere to its company’s holiday policy. The contractor’s employees WILL NOT work on ANY Federal holidays under this requirement, unless authorization is received from the COR; however, audits may be scheduled during the week of a holiday. Listed below are recognized Government holidays:

Juneteenth National Independence Day

3.6 ROLES AND RESPONSIBILITIES OF GOVERNMENT PERSONNEL

· Contracting Officer (CO): The CO has the overall and primary responsibility for the administration of this contract. Only the CO has the authority to award, administer, or terminate this contract on behalf of the Government. This includes modifying and deviating from the contract’s terms, conditions, requirements, specifications, and delivery schedules, making final decisions involving such matters as invoice payments or other consideration due to the Government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes. The CO also has authority to delegate certain responsibilities to an authorized Government representative.

· Contracting Officer’s Representative (COR): The CO will appoint individual(s) in writing to act as authorized representatives in the monitoring and administration of the task order. An individual designated as a COR is authorized to perform the following functions in accordance with the COR appointment letter:

· Coordinate the technical aspects of the contract and inspect all required services.

· Certify, accept, and/or reject invoices deemed improper for payment

· Evaluate the contractor’s performance.

3.7 TRAVEL

All Contractor travel shall be approved in advance by the COR in writing. The Contractor will be required to travel within the National Capitol Region, other CONUS locations, as well as OCONUS locations during the performance of this contract. Travel expenses shall be reimbursed by the Government consistent with FAR 31.205-46, Travel Costs, the substantive provisions of the Federal Travel Regulation (FTR), and the ICE Travel Handbook, consistent with the limitation of funds specified in this contract. Premium class travel is not authorized. During contract related travel, Contractors are permitted to ride with government employees in government owned, leased, or rented vehicles as needed to expedite mission completion. The Contractor shall use only the minimum number of travelers and rental cars needed to accomplish the task(s). Travel shall be scheduled during normal duty hours whenever possible. DHS will attempt to provide a minimum of a three (3) week notice of scheduled facility visits. The FTR may be located and downloaded from https://www.gsa.gov/policy-regulations/regulations/federal-travel-regulation-ftr; the ICE Travel Handbook will be provided upon contract award.

The Contractor shall provide detailed information and receipts for each travel-related cost in a manner determined by the COR (See Section 3.10, Invoicing).

3.8 GOVERNMENT FURNISHED EQUIPMENT (GFE)

For services/audits rendered on behalf of ICE:

· Contractor workspaces will not be provided, except for private interview rooms at detention facilities.

· GFE will only be provided to the Contractor’s personnel as needed and determined by the COR. ICE GFE may only be used for ICE-related work;

· GFE may include a laptop, a printer, and a scanner.

· All report generation and administrative tasks shall be performed in the Contractor’s personal or corporate workspace on ICE’s network; and,

· A government cell phone shall be provided to the dedicated ICE Program Manager (PM) and Assistant Program Managers (APMs)

For services/audits rendered on behalf of CBP:

· Contractor workspaces will not be provided;

· All report generation and administrative tasks shall be performed in the Contractor’s personal or corporate workspace on CBP’s network; and

· GFE will only be provided to the Contractor’s personnel as needed and determined by the COR. CBP GFE may only be used for CBP-related work;

· GFE may include a laptop and a scanner.

· All report generation and administrative tasks shall be performed in the Contractor’s personal or corporate workspace on CBP’s network; and

· A government cell phone shall be provided to the dedicated CBP Program Manager (PM).

- Contractor must take all reasonable efforts to safely, securely, and properly handle and maintain all GFE provided to the Contractor for use under this contract. Contractor must track and maintain all GFE and only use GFE for use in the performance of this contract. Contractor is responsible for any loss or damage to GFE.

3.9 GOVERNMENT FURNISHED INFORMATION (GFI)

The following GFI is mandatory and shall be followed by the Contractor in the performance of this contract:

· DHS PREA Standards (Attachment 1)

· DHS PREA Audit Instruments6

· DHS PREA Audit Instrument for ICE Immigration Detention Facilities (Subpart A of the DHS PREA Standards)

· DHS PREA Audit Instrument for ICE Holding Facilities (Subpart B of the DHS PREA Standards)

· DHS PREA Audit Instrument for CBP Holding Facilities (Subpart B of the DHS PREA Standards)

· DHS PREA MOU’s, guidance documents, or directives

· DHS PREA Pre-Audit Questionnaire

· DHS PREA Interview Guides

· DHS PREA File Review Form

· DHS PREA Audit Report Templates

· DHS PREA Auditor Assessment (for Auditor DHS PREA Certification)

· CBP PREA Auditor Assessment (for CBP Auditor Certification)

· ICE and CBP Travel Handbooks

· Lists of DHS immigration detention and holding facilities selected for audit The COR/s will notify the Contractor of any changes, revisions or updates to GFI, and the Contractor shall comply with said changes, revisions or updates and shall ensure all Contractor personnel are notified of any changes, revisions or updates.

3.10 POST AWARD CONFERENCE/PERIODIC PROGRESS

The Contractor agrees to attend any post-award conference(s) convened by the contracting activity or contract administration office in accordance with FAR 42.5, Post Award Orientation. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the designated Government Point of Contact (GPOC) will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government and may be conducted telephonically.

3.11 EMERGENCY, NATURAL DISASTERS AND OTHER OCCURRENCES

In the event of an emergency, natural disaster, or other occurrence that renders an immigration detention facility or holding facility inaccessible or unoccupied by detainees for a period

6 Contractors are required to utilize the Pre-Audit Questionnaire and the respective Audit Tools and instruments for ICE immigration detention facilities and ICE or CBP holding facilities.

greater than 48 hours, Contractor personnel scheduled to audit that facility may be requested to perform audit services at another facility or facilities and/or through an alternative method (e.g., contingency audit process) at the discretion of the Government.

3.12 DATA RIGHTS, WORK PRODUCT, EQUIPMENT AND MATERIAL

All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. This includes, but is not limited to, all forms of data, records, and documentation, whether electronic or physical (e.g., handwritten notes, physical files). All work product, equipment or materials created or purchased under this contract belong to the Government and must be delivered to the Government upon termination of the contract. The Contractor agrees that all materials prepared under this contract are “works for hire” within the meaning of the copyright laws of the United States.

These documents and data shall be confidential and shall not be disclosed to any third party without prior written permission of CBP.

3.13 CONTRACTOR EMPLOYEE IDENTIFICATION

In accordance with FAR 37.114 (c), Special Acquisition Requirements, all contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as contract employees, including email signature blocks and voicemail, to avoid creating an impression in the minds of members of the public or Congress that they are Government employees.

3.14 STANDARD OF CONDUCT

The Contractor will respond to any problems concerning personnel within two (2) calendar days and provide appropriate response to the matter. Should the situation warrant, the contractor will respond within one (1) working day once notified by DHS to resolve problems that the CO/COR determines to be significant and should be resolved/addressed immediately.

The Government maintains sole discretion to deny Contractor staff access to Government-controlled space and to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, failure to meet contract performance standards; failure to perform to the quality standards of the profession; carelessness; unprofessional, inappropriate, or improper conduct; security concerns; insubordination, or incompetence. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any contract awarded.

4.0 SPECIFIC REQUIREMENTS

The Contractor shall provide the following staff:

· Program Manager (PM) – ICE

· Assistant Program Manager (APM) 1 – ICE

· Assistant Program Manager (APM) 2 - ICE

· Program Manager (PM) – CBP

· Certified PREA auditors – ICE and CBP The Contractor shall provide PMs as dedicated points of contact (POC) for contract services. The PM will also be the single POC for receipt of technical guidance from the designated COR for DHS. The Contractor shall provide two different (2) PMs in order to guarantee simultaneous fulfillment of individual ICE and CBP task orders. The first PM shall be assigned to ICE, with responsibility for both ICE immigration detention and holding facilities. The second PM shall be assigned to CBP, with responsibility for CBP holding facilities.

For services/audits rendered on behalf of ICE:

The Contractor shall provide qualified auditors to DHS for the purpose of assessing compliance with the DHS PREA Standards. In addition, all key personnel (see Section 5.0) are required to obtain DHS PREA Certification prior to executing any audits. DHS will provide this training and certification after the contract award date. Any Key Personnel hired after the initial DHS certification training will be required to obtain DHS certification prior to working on the contract. The certification process may be administered via distance learning/webinar.

For services/audits rendered on behalf of CBP:

The Contractor shall provide qualified auditors to DHS for the purpose of assessing compliance with the DHS PREA Standards.. In addition, all key personnel (see Section 5.0) are required to obtain DHS PREA certification prior to executing any audits. DHS will provide this training and certification after the contract award date. Any key personnel hired after the initial DHS certification training will be required to obtain DHS certification prior to working on the contract. The certification process may be administered via distance learning/webinar.

For services/audits rendered on behalf of ICE and CBP:

It is anticipated that most activities shall take place during normal working hours. However, the Contractor shall ensure the PMs are accessible by telephone on a 24 hour-a-day basis in the event of an emergency or an urgent matter. DHS anticipates approximately five (5) emergency or urgent calls per year.

The annual workload is variable, as immigration detention facilities and holding facilities are vastly different in size, geography, volume of detainees and staff, and facility resources.

The Contractor will use one auditor for audits of immigration detention facilities with an ADP of 400 or less and ICE holding facilities. For ICE immigration detention facilities with an ADP above 400, at least two auditors will be required, except in exigent circumstances, as determined by the ICE COR. ADP is not expected to exceed 400 for CBP holding facilities.

The following tables depict the estimated number of days required to conduct the onsite portion of the audit, and the expected number of auditors required for each audit. These estimations are not inclusive of the travel days.

ICE

Long Term Over 400 ADP

2 to 4 2 Auditors

Long Term Under 400 ADP

1 Auditor

The Government makes no commitment to a minimum or maximum number of audits or auditors needed. All assigned work will be coordinated through the PM and the COR.

The Contractor shall secure interpretative support for auditors to communicate with detainees at the facility who may be limited English proficient (LEP). The Contractor shall provide its Language Interpretation Service Agreement before the first audit, to include indigenous languages (e.g., K'iche', Mam, Qʼanjobʼal). The interpretative support shall not be shown in the task order as a separate CLIN; the Contractor shall include the price for these services in the fixed unit price of the Audit CLIN. For ICE facilities with an ADP over 400, auditors are required to interview at least 30 detainees; for ICE facilities with an ADP under 400, auditors are required to interview at least 20 detainees. For ICE and CBP holding facilities, auditors are expected to interview a representative sample size of detainees. It should be expected that at minimum 50% of the interviews will require interpretation services – detainee interviews generally last anywhere between 10 and 30 minutes.

While onsite at a facility during an audit, the Contractor shall not remove or copy any documentation or materials from the facility unless authorized to do so by the COR or other designated Federal representative.

Additionally, the auditor shall immediately report any sexual abuse allegations received or discovered during the audit in accordance with agency and facility guidelines.

4.1 CONTRACT MANAGEMENT TASKS

The Contractor shall provide the tasks listed below. All noted timeframes refer to calendar days unless otherwise specified.

TASK 1 - Contract Management – The Contractor shall provide productivity and management methods, such as, but not limited to, quality control, data input, clerical, analytical documentation and manipulation, training of contract personnel, and related functions. Each PM shall perform the day-to-day management of overall contract support operations to ensure conformity to contract terms and conditions, and shall ensure all auditor work products are accurate, consistent, and of a high quality, requiring minimal revisions, prior to submission to the Government. The Contractor shall, at a minimum:

a. Provide required qualified personnel to support DHS, to include all designated key personnel. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined in this SOW. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

b. Notify all CORs listed in this SOW within 24 hours of a termination or resignation of any key personnel. The Contractor shall immediately remove any terminated employee from all work on this contract. The Contractor shall submit résumés for proposed replacement key personnel to the respective COR for review and approval in accordance with Section 4 of this SOW.

c. The Contractor shall update the list of key personnel within 72 hours of personnel change(s) and shall notify the CORs listed in this SOW, providing an updated employee listing and identifying all changes. Changes to the employee list may be due to new hires, reassignment, resignations, terminations, or other reasons.

d. The Contractor shall perform quality control/quality assurance of all contract requirements. The Contractor shall submit a draft of the Quality Assurance Surveillance Plan (QASP) to the COR within thirty (30) calendar days of contract award for review and approval.

i. In the event a facility requests a re-audit consistent with either § 115.204 or §

115.205 of the DHS PREA Standards, the Government has sole authority to determine the most appropriate response and what services the Contractor may or may not provide in response to the request.

ii. Provide analytical support to provide summaries and identify trends and patterns based on PREA Audit findings, as requested by DHS.

e. Provide recommendations for improvements or changes to the DHS PREA audit process or instruments.

f. Ensure communication capability among Contractor staff, to include voicemail and email. All contractor email communications, with the exception of invoicing and certain contract matters involving the Contractor’s leadership, shall be conducted through the DHS network (all contractor email communication related to an audit shall be sent through their government email, i.e., @associates.XXX.dhs.gov email address). All emails containing Personally Identifiable Information (PII) shall be encrypted as identified under Section 6 of this SOW.

g. Ensure all PREA audits are performed in accordance with the established schedules developed by DHS.

TASK 2 - Reporting – Reporting shall include, but not be limited to, audit activities, audit findings, areas of non-compliance, recommendations, significant event observations, and findings at the conclusion of the CAP.

Reports and other written material must contain detailed compliance assessments of DHS regulations, and relevant information, observations, or findings, as dictated by the assignment in addition to detailed corrective action requirements.

a. PREA audit reports (interim, provisional, or final) and cap final determinations (for those facilities who underwent a CAP) shall describe the methodology, sampling sizes, and basis for the auditor’s conclusions with regard to each standard provision for each audited facility and shall include detailed recommendations for any required corrective action. The Contractor’s PM and APMs shall ensure that, throughout the review and report writing process, each standard is assessed strictly according to the requirements established in the DHS PREA standards. The assessment shall focus on the facility’s compliance with the intent of the DHS PREA standards and shall not reference or apply standards required by the Department of Justice (DOJ). All assessments and reports shall be objective and shall not include personal opinions or experiences. The Contractor shall only require corrective actions, requirements, or documentation as specified in the audit report during the Corrective Action Plan (CAP) period. No additional corrective actions, requirements, or documentation shall be requested beyond those outlined in the audit report unless they assist in establishing compliance with the standard. Compliance determinations shall be based solely on physical evidence of noncompliance. For CBP audits, recommendations shall not be included in audit reports for any standard with a finding of “Exceeds Standard” or “Meets Standard” but may be submitted in separate correspondence to the COR or other federal representative, as designated by the COR, within thirty (30) calendar days from the last day of onsite audit. These recommendations are intended solely as suggestions for continuous improvement. They do not indicate a failure to meet or exceed standard. These recommendations do not require immediate action or CAP,and shall not alter the official finding for that standard.

Auditors shall redact any personally identifiable detainee or staff information from the reports but shall provide such information to DHS upon request.

The reports shall be prepared using the DHS (ICE or CBP) PREA audit instrument. Additionally, auditors shall follow instructions provided on each report template and within any supplemental guidance documents.

Only DHS and the facility shall develop a CAP to achieve compliance. The contractor will not be involved in the process of creating this plan except for initial recommendations included in the reports for DHS’ and the facility’s consideration.

b. All reports shall be submitted to the designated GPOC, copying the COR, within the required timeline, as designated below:

· Fully compliant findings:

· PREA Audit Report (provisional or final) – due within thirty (30) calendar days from the last day of the onsite audit.

· One or more non-compliance findings:

· PREA Audit Report (interim) – due within thirty (30) calendar days from the last day of onsite audit.

· CAP Final Determination Report – due within twenty-one (21) calendar days of either the conclusion of the one-hundred-and-eighty (180) calendar-day CAP period, regardless of whether any deficient standards remain; or 21 calendar days from the date the contractor determines all previously identified deficient provisions are compliant and all corrective actions have been completed, whichever occurs first.

· During the CAP process, the Contractor shall have ten (10) calendar days to review compliance documentation and make a determination for each submission. This ten (10) calendar day review period does not apply at the end of the 180-day CAP period.

· Should the Contractor need to request an extension for an ICE report, due to exigent and/or unforeseen circumstances, it shall follow the process outlined in Attachment 3 – ICE PREA Deadline Extension Request Process.

· Should the Contractor need to request an extension for a CBP report, due to exigent and/or unforeseen circumstances, it shall follow the process outlined in Attachment X – CBP PREA Deadline Extension Request Process.

All working papers generated during DHS PREA audits, such as documents included in the PREA Audit Instrument (e.g., audit tools, interview guides, site inspection, hand written notes) shall be submitted to DHS, as applicable, in conjunction with the final reports and in the manner designated by the COR.

c. Annual Summary Report. The Government will provide the report format to the Contractor. The Contractor shall provide the completed report to the Government no later than thirty (30) calendar days after requested. The report will contain such data as the number and type (e.g., Service Processing Center (SPC), Contract Detention facility (CDF), etc.) of facilities audited, specific areas found non-compliant, quantities of non-compliance findings, and analysis of all findings.

TASK 3 – PREA Audits – Generally7, PREA audits occur over three phases: 1) pre-audit review of relevant DHS PREA documentation provided by the Government; 2) an onsite review of the audited facility and interviews of relevant detainees/staff; and, 3) post-audit analysis of information gathered during both the documentation and onsite reviews and completion of reports/related CAP activities, if applicable, to include but not limited to: drafting the PREA Audit Report in which areas of non-compliance are discussed and detailed corrective actions are recommended, review of corrective actions implemented to determine facility compliance with DHS PREA, and completion of a CAP Final Determination. Audit-related tasks include the following:

a. Prior to each audit, the auditor shall review all available DHS PREA related information, including but not limited to, the completed Pre-Audit Questionnaire, relevant data related to the facility’s operations and any sexual abuse and/or assault reports/investigative files, as well as facility and agency policies, procedures, reports, internal and external audits, facility accreditations, and supporting documentation available. The responsible ICE and CBP program offices shall provide the DHS PREA related documents to the auditor for review in advance of the audit.

· For ICE, the contractor shall review all available documentation starting two weeks prior to the audit and provide an issue log or additional documentation requests through the COR or other Federal representative, within 5 calendar days from the audit start date.

· For CBP, the contractor shall review all available documentation starting two weeks prior to the audit and provide an issue log or additional documentation requests through the COR or other Federal representative, no later than five calendar days prior to the audit start date.

All sensitive but unclassified information provided to auditors will include appropriate designations and limitations on further dissemination. Auditors will be required to follow all appropriate procedures for handling and safeguarding such information.

Auditors shall communicate with facilities through the COR or other Federal representative, as designated by the COR. Auditors are not to contact any facility directly without prior approval and arrangement by the COR or other Federal representative. When direct communication is approved, auditors shall utilize only approved government email systems for correspondence, copying the COR or designated federal representative on all such communications. They are strictly prohibited from using contractor email networks or personal devices (e.g., personal laptops, cell phones) for official communications.

b. The auditor shall conduct onsite visits. In order to accurately assess compliance at ICE immigration detention facilities and ICE and CBP holding facilities, the Auditor shall: receive and review facility data and documentation prior to the onsite phases of the audit; conduct an onsite inspection; observe programs and activities; interview a representative sample of staff, contractors and volunteers, as applicable; individually interview a representative sample of detainees;8 and conduct detailed reviews of documents and reports. The Auditor shall independently verify facility compliance

7 Please see Attachment 2, ICE Contingency PREA Audit and Payment Process, for additional information about ICE’s separate contingency audit process. This audit process is typically only utilized when the on-site portion of a PREA audit cannot be completed within a reasonable amount of time, generally due to a public health crisis, natural disaster, or other unforeseen circumstance preventing access to a facility.

8 Auditor selection of representative samples shall align with both guidance published by DOJ, and supplemental guidance provided by ICE and/or CBP after contract award.

with the intent and requirements of the DHS PREA Standards and DHS PREA Audit Instruments.

ICE and CBP will set separate schedules for PREA audits by means of individual task orders. Individual task orders will identify when and where the audits will take place, and other relevant information.

c. Auditors shall utilize and complete all items contained in the DHS PREA Audit Instruments, as directed. Auditors are expected to document and state in the reports whether the audited policies and procedures comply with the intent and relevant standards. Auditors shall determine whether the audited immigration detention or holding facility: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); Does Not Meet Standard (requires corrective action); or is Not Applicable. PREA Audit Reports must include, at a minimum, all requirements identified in Task 2.

· Each report shall include a certification by the Auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the facility under review.

· Prior to submitting the report to the COR or other designated Federal representative, the PM and APM shall ensure that all auditor findings clearly detail the reasons for non-compliance for each standard, specify the required corrective actions in a manner that is easily understood, actionable, and measurable and confirm that each standard was evaluated solely against the intent and requirements of the DHS PREA requirements.

· Auditors shall not make compliance determinations based on any requirements not outlined in the DHS PREA requirements.

d. If an auditor issues a PREA Audit Report indicating corrective action is required, evidence of remedial measures taken by the DHS facility shall be provided to the auditor within 180 calendar days of the PREA Audit Report’s issuance. Within ten

(10) days of receipt of evidence of remedial measures, the auditor shall review the evidence and notify DHS whether additional information is needed to determine compliance. This ten (10) calendar day review period does not apply to the final comprehensive review of all submitted evidence at the conclusion of the 180-day CAP period

Within twenty-one (21) calendar days of the conclusion of the 180-calendar day corrective action period or within twenty-one (21) calendar days from acceptance of all corrective actions, the auditor shall issue a CAP Final Determination articulating whether the facility achieved compliance with those standards requiring corrective action.

4.2 TRAINING

1. Government Provided Training: The Government shall provide DHS-specific and agency-specific PREA training, testing, and certification to all key personnel. Completion of training and certification will occur after the contract award. *DHS PREA Auditor Certification is a performance requirement of this contract, and all key personnel are required to obtain DHS Certification prior to performing any work on this contract. The certification training is expected to span approximately two (2) to three (3) business days and may be done in-person and/or via distance learning, at the discretion of the Government. Training and certification for personnel hired after initial DHS certification training will be available via distance learning.

Contractor Training:

2. The Contractor shall ensure all contract auditors have been trained and maintain currently active and certified status as an by the National PREA Resource Center (PRC). The Contractor is responsible for any refresher, re-training, and certification of auditor personnel at no cost to the Government. The Contractor shall document the completion of all training for every auditors, maintain those records, and provide a copy of the training completion certificates to the respective COR.

The contractor may permit one (1) APM or PM to attend the first DHS audit assigned to a new auditor at their first assigned holding facility and immigration detention facility, with approval of the COR. Any attending PM or APM shall act solely in an observational and supportive capacity to the new auditor, and shall not interfere with the audit process, conduct interviews, or contradict the established onsite audit procedures and guidance provided by the COR or other Federal representative. Their presence is contingent upon strict adherence to these guidelines.

Other Agency Training:

The Contractor shall ensure any other agency-level required trainings assigned to ICE-supported personnel, training completion timelines will be as designated by the ICE COR. For CBP-supported personnel, trainings are completed 30-45 calendar days of issuance, or as designated by the CBP COR. This expedited completion window is critical to ensure continuous network access and prevent disruptions to audit activities, as further detailed in Section 3.4 (Hours of Operation). Any contractor with access to the DHS network shall take all agency-required trainings. To maintain continuous access to the DHS network and avoid lockout, auditors must access the network at a minimum of every 30 calendar days. DHS estimates each auditor will be responsible for taking approximately six (6) to eight (8) 1-hour online trainings a year via each agency’s online training portal, in order to maintain access to the DHS network.

5.0 LABOR CATEGORIES EDUCATION AND EXPERIENCE REQUIREMENTS

Key Personnel

The following labor categories are designated as key personnel:

· Program Manager (PM) - ICE

· Program Manager (PM) - CBP

· Assistant Program Manager (APM) 1 - ICE

· Assistant Program Manager (APM) 2 - ICE

· Certified PREA auditors – ICE and CBP Key personnel shall be bona fide employees of the prime Contractor or subcontractor. Key personnel are expected to serve for the duration of the contract, unless replacements with an equivalent combination of education and experience are selected by the Contractor and accepted by the COR, in accordance with HSAR 3052.215-70 – Key Personnel or Facilities (DEC 2003). The COR will endeavor to accept or reject the resume of replacements within ten (10) business days of receipt.

GENERAL REQUIREMENTS FOR ALL CONTRACT LABOR

ICE Program Manager (PM): In addition to the duties mentioned in Section 4.1, Task 1, each PM will be responsible for the management and oversight of Contracted staff and functions, and for ensuring the accuracy, consistency, and quality of work product provided to the Government. Each PM shall have a bachelor’s degree or higher and a minimum of ten

(10) years of experience working in/with, or auditing, state prisons, local jails, federal prisons, short term lockups, community confinement facilities, juvenile facilities, or any Federal Government agency that oversees the confinement of individuals, such as but not limited to, the Bureau of Prisons (BOP), ICE, CBP, or U.S. Health and Human Services (HHS). This experience should be as a warden, assistant warden, senior jailer, or similar position with authority and/or senior responsibility within the previously noted facilities. Relevant experience with short-term confinement, such as holding facilities or lock ups, is also desired. Law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to corrections and/or detention operations, or to the confinement of individuals for the purposes of processing, release, repatriation, investigation or transfer, may also be considered sufficiently relevant, i.e., investigative personnel who conducted inquiries, and/or audit personnel who performed quality assurance or monitoring, at detention, corrections, or short-term confinement facilities; or legal advisors or staff who performed duties in support of corrections, detention or short-term confinement settings.

Additionally, the PM shall have a minimum of five (5) years of project management experience, demonstrating project management support services with large, high risk, sensitive projects, and/or division-level management experience managing projects and staff of comparable scope to the effort assigned. It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.

CBP Program Manager (PM): In addition to the duties mentioned in Section 4.1, Task 1, each PM will be responsible for the management and oversight of Contracted staff and functions, and for ensuring the accuracy, consistency, and overall quality of work product provided to the Government, including impeccable grammar, spelling, punctuation, logical structure, and professional writing standards in all deliverables. . The PM shall possess at least ten (10) years of experience working in/with, or auditing, state prisons, local jails, federal prisons, short term lockups, community confinement facilities, juvenile facilities, or any Federal Government agency that oversees the confinement of individuals, such as but not limited to, the BOP, ICE, CBP, or U.S. HHS. This experience should be as a warden, assistant warden, senior jailer, or similar position with authority and/or senior responsibility within the previously noted facilities. Relevant experience with short-term confinement, such as holding facilities or lock ups, is also desired. Law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to corrections and/or detention operations, or to the confinement of individuals for the purposes of processing, release, repatriation, investigation or transfer, may also be considered sufficiently relevant, i.e.