SOW.docx
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- Solicitation number
- 70CDCR26Q00000003
- Issued by
-
Immigration and Customs Enforcement
About this file
This is a Statement of Work (SOW) for ICE Office of Professional Responsibility (OPR) support services for incident inspections and detainee death reviews. The contract covers compliance inspections of ICE detention facilities against National Detention Standards (NDS), Non-Dedicated Intergovernmental Standards (NDIDS), Performance-Based National Detention Standards (PBNDS), and Family Residential Standards (FRS), as well as comprehensive administrative reviews of deaths occurring in ICE custody. The base period runs 12 months (March 18, 2026 through March 17, 2027) with four optional one-year extensions. Work will be performed primarily at ICE detention facilities across CONUS, Puerto Rico, and OCONUS locations (Guam, Virgin Islands, Alaska, Hawaii), with administrative functions conducted at contractor workspaces. The government estimates approximately six to eight ODO compliance inspection teams and four detainee death review teams annually, with inspections requiring two to five days each and death reviews involving two to five days of preparation, on-site work, and post-review analysis. The contractor must provide a Project Manager for Inspections and a separate Project Manager for Detainee Death Reviews (who cannot be the same individual), plus Assistant Project Managers, Medical Subject Matter Experts for both inspections and death reviews, Detention/Corrections Subject Matter Experts, an Environmental Health and Safety/Food Service Subject Matter Expert, and an Administrative Specialist. All contractor personnel require security clearance processing through OPR Personnel Security Division and must comply with 5 CFR 731 fitness standards.
The SOW mandates extensive qualification requirements for all key personnel, including minimum education levels (bachelor's degrees for Project Managers and Medical SMEs), years of relevant experience in correctional/detention environments (10-15 years for management positions), law enforcement or investigative experience, and specific expertise in death review processes for applicable positions. Deliverables include preliminary and final inspection reports submitted within five business days of inspection completion, final death review reports within 30 business days, ad hoc data responses (historically 100-150 annually), working papers, training certifications, and management plans. Government-furnished equipment includes laptop computers and ICE PIV cards. The contractor must obtain advance COR approval for all travel and bill productive hours based on actual work performed, with the government estimating 40 hours per compliance inspection. The SOW incorporates comprehensive security requirements including background investigations, continuous vetting enrollment, IT security compliance with DHS 4300A standards, Privacy Act compliance, cybersecurity awareness training, and provisions addressing AI system use with requirements for human-in-the-loop oversight, auditability, and prevention of vendor lock-in. The McNamara-O'Hara Service Contract Act does not apply. Conflict of interest prohibitions restrict employment of individuals who received ICE compensation within the last 12 months in ISP inspection positions and prohibit the same contractor from performing both this ISP contract and the ERO Detention Facilities Technical Assistance contract simultaneously.
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Immigration and Customs Enforcement Office of Professional Responsibility Inspections Program Office
INCIDENT INSPECTIONS AND DETAINEE DEATH REVIEWS
STATEMENT OF WORK
December 12, 2025
Table of Contents
| 1.0 | BACKGROUND | 4 |
| 1.1 | DETENTION FACILITY TYPES | 4 |
| 2.0 | OBJECTIVES | 5 |
| 3.0 | GENERAL REQUIREMENTS | 5 |
| 3.1 | PERIOD OF PERFORMANCE | 5 |
| 3.2 | PLACE OF PERFORMANCE | 5 |
| 3.3 | ROLES & RESPONSIBILITIES OF GOVERNMENT PERSONNEL | 6 |
| 3.4 | TRAVEL | 7 |
| 3.5 | GOVERNMENT-FURNISHED EQUIPMENT (GFE) | 7 |
| 3.6 | GOVERNMENT-FURNISHED INFORMATION (GFI) | 7 |
| 3.7 | POST AWARD CONFERENCE/PERIODIC PROGRESS | 8 |
| 3.8 | RECOGNIZED FEDERAL HOLIDAYS | 8 |
| 3.9 | EMERGENCY, NATURAL DISASTERS, AND OTHER OCCURRENCES. | 8 |
| 3.10 | CONTRACT EMPLOYEE IDENTIFICATION | 9 |
| 3.11 | HOURS OF OPERATION | 9 |
| 3.12 | PRODUCTIVE HOURS | 9 |
| 3.13 | WORKFORCE PERSONNEL | 11 |
| 3.14 | TRANSITION PERIOD | 11 |
| 3.15 | STANDARD OF CONDUCT | 12 |
| 3.16 | DATA RIGHTS | 12 |
| 4.0 | SPECIFIC REQUIREMENTS | 12 |
| 4.1 | CONTRACT MANAGEMENT TASKS | 13 |
| 4.2 | INCIDENT INSPECTION TASKS | 15 |
| 4.3 | STANDARDS AND PERSONNEL REQUIREMENTS | 16 |
| 4.4 | TRAINING | 16 |
| 5.0 | LABOR CATEGORIES | 17 |
| 6.0 | CONFLICT OF INTEREST AVOIDANCE INFORMATION | 24 |
| 7.0 | DELIVERABLES | 25 |
| 7.1 ACCEPTANCE CRITERIA | 27 | |
| 7.2 NOTICE REGARDING LATE DELIVERY | 27 | |
| 8.0 | QUALITY ASSURANCE AND MONITORING OF WORK DELIVERABLES | 28 |
| 9.0 | SECURITY REQUIREMENTS | 28 |
| 10.0 | PRIVACY REQUIREMENTS FOR CONTRACTOR AND PERSONNEL | 33 |
| 11.0 | GENERAL CYBERSECURITY CONTRACT REQUIREMENTS | 35 |
| 12.0 | DATA OWNERSHIP CONTRACT REQUIREMENTS LANGUAGE | 38 |
| 13.0 | FINAL AI CONTRACT LANGUAGE | 40 |
1.0 BACKGROUND
The Office of Professional Responsibility (OPR) is an organizational element within the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE). The Office of Detention Oversight (ODO) is a unit of OPR, Inspections Program Office (ISP). ODO conducts compliance inspections of detention facilities in which detainees are accommodated for periods in excess of seventy-two (72) hours to determine compliance with the ICE 2025 and 2019 National Detention Standards (NDS), the 2025 Non-Dedicated Intergovernmental Standards (NDIDS), the 2011 Performance-Based National Detention Standards (PBNDS), as applicable, or the 2020 Family Residential Standards (FRS). The External Reviews and Analysis Unit (ERAU) is also a unit in the OPR, Inspections Program Office. ERAU is responsible for conducting administrative reviews of all deaths of individuals in ICE custody. The Detainee Death Review (DDR) is a focused, fact-finding, objective investigation of the facts and circumstances surrounding the death. ERAU also conducts special and focused reviews, as requested by ICE leadership.
1.1 DETENTION FACILITY TYPES
ICE Enforcement and Removal Operations (ERO) is the entity responsible for managing detainees in the custody of ICE, and by extension, the facilities where individuals who are in ICE custody are detained. Facilities that house ICE detainees are classified as one of the following:
· Service Processing Centers (SPC) - ICE owned and operated;
· Contract Detention Facilities (CDF) – ICE or Contractor-owned and Contractor operated;
· Large dedicated Intergovernmental Service Agreement (IGSA) facilities and small non-dedicated IGSAs – ICE agreements with federal, state, and county owned and operated;
· Intergovernmental Agreement (IGA) facilities –United States Marshals Service agreements with federal, state, and county owned and operated on which ICE is an agreement rider.
ODO compliance inspections provide ICE and ERO’s executive leadership with an independent assessment of ICE detention facilities. An ODO compliance inspection includes a comprehensive review of a facility’s operational and administrative practices and policies, and a site visit and/or a remote inspection to determine if a detention facility is compliant with relevant ICE detention standards. ODO provides feedback in its inspection reports by identifying not only deficiencies, but also best practices and facility-specific recommendations. ODO reports include context about the cited deficiencies and describe potential improvements and possible operational challenges that may hinder the facility’s ability to make recommended changes or fully comply with the standards. In addition, ODO evaluates facility performance beyond the applicable ICE National Detention Standards, such as noting general sanitation and maintenance levels, and identifies best practices at the inspected facilities that could be implemented at facilities nationwide.
ERAU DDRs are conducted to comprehensively document all facts associated with a deceased detainee’s time in ICE custody, up to and including his/her death, and to assess facility compliance with applicable detention standards, including health care and security-related standards. For each DDR, ERAU conducts an extensive review of relevant documentation to include ICE detention standards, specifically health care and security standards; facility policies and procedures; available reports and correspondence specific to the detainee’s death; the entire medical record of the deceased, and all available medical documentation related to the death; all detention related records concerning the deceased, including but not limited to the detention file, segregation records, and complaints and grievances submitted by the deceased; and, the deceased’s alien file. ERAU observes all physical facility areas relevant to the deceased’s time in detention, and accounts for any pertinent behavioral, social and environmental factors. ERAU also conducts extensive in-person or telephonic/virtual interviews of individuals with knowledge of the deceased to include security staff, medical staff, individuals employed by ICE, and ICE detainees. An ERAU DDR report is drafted upon completion of the documentation review, facility tour, and interviews. The DDR reports include investigative findings; immigration, detention, and criminal histories; analysis of facility compliance with medical standards; analysis of facility compliance with security and safety standards; and other areas of note.
ODO and ERAU submit their compliance inspection reports and DDR reports, respectively, to ICE executive management.
2.0 OBJECTIVES
The objective of this Statement of Work (SOW) is to provide Contractor support to OPR. Support services will be for compliance inspections and detainee death reviews to determine facility compliance with the NDS, NDIDS, PBNDS, or FRS, and for supporting designated analytical activities within ODO and ERAU. The Contractor will provide expert operational, analytical and administrative support for ODO and ERAU inspections, reviews, and special assignments.
3.0 GENERAL REQUIREMENTS
3.1 PERIOD OF PERFORMANCE
The base period will be for a period of 12 months, which includes a two (2) month transition period, followed by four (4) twelve (12) month option periods, to be exercised at the Government’s discretion.
| Base Period | March 18, 2026, through March 17, 2027 | |
| Option Period 1 | March 18, 2027, through March 17, 2028 | |
| Option Period 2 | March 18, 2028, through March 17, 2029 | |
| Option Period 3 | March 18, 2029, through March 17, 2030 | |
| Option Period 4 | March 18, 2030, through March 17, 2031 |
3.2 PLACE OF PERFORMANCE
The majority of the contract work will be performed at ICE detention facilities. The Government reserves the right to conduct remote inspections and reviews of facilities should on-site inspections not be able to occur due to an outbreak of a pandemic disease, adverse weather conditions, or any other situation that might prevent travel to facilities.
Contractor administrative functions (preparing, submitting, or transmitting reports) will be performed at the contractor’s workspaces. Contractor personnel will not have workspace available at the detention facility or field office. Contractors should anticipate that no workspace or access to telephones, computers, or the Internet will be provided for contractor personnel on-site or at field offices.
Inspections, reviews, and investigative support will normally be performed on-site or remotely at ICE detention facilities in continental US (CONUS) locations, Puerto Rico, and outside continental US (OCONUS) locations; OCONUS locations may include Guam, the Virgin Islands, Alaska, and Hawaii.
NOTE: A list of detention facilities may be located and downloaded at: http://www.ice.gov/detention-facilities/. Field office locations may be located at: http://www.ice.gov/contact/ero/. The location of ICE detention facilities is subject to change.
3.3 ROLES & RESPONSIBILITIES OF GOVERNMENT PERSONNEL
· Contracting Officer (CO): The CO has the overall and primary responsibility for the administration of this task order. Only the CO has the authority to enter into, administer, or terminate this task order on behalf of the Government. This includes modifying and deviating from the task order’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 including a Contract Specialist (CS) who carries out routine contract administration under the supervision of the CO.
· Contracting Officer’s Representative (COR): The CO will appoint individual(s) to act as authorized representatives in the monitoring and administration of this task order. This individual is designated in writing as a COR. An individual designated as a COR (including any designated Alternate COR) is authorized to perform the functions specifically delegated from the CO, the functions assigned to the COR within this document, and the following functions:
· Coordinate the technical aspects of this task order and inspect all required services.
· Certify, accept and reject invoices deemed improper for payment for the services and/or supplies rendered and allowed under the terms and conditions of this contract.
· Evaluate the Contractor’s performance.
3.4 TRAVEL
All Contractor travel must be approved in advance by the COR. 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. During contract related travel, Contractor employees are permitted to ride along with Government inspectors/reviewers in Government owned or leased vehicles as needed to expedite mission completion. Travel expenses will be reimbursed consistent with Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, the substantive provisions of the Federal Travel Regulation (FTR) or Joint Travel Regulations (JTR), and the ICE Travel Handbook, as applicable, and consistent with the limitation of funds specified in this contract. Premium class travel is not authorized. The Contractor will use only the minimum number of travelers and rental cars needed to accomplish tasks. Travel should be scheduled during normal duty hours whenever possible. The Contractor should also be prepared to maintain travel support during emergencies, natural disasters and other occurrences.
In addition, the Contractor will provide the following detailed information for each invoice submitted in response to a Contractor employee traveling:
· Names of individuals traveling
· Number of travel days
· Dates of travel
· Number of days per diem charged
· Per diem rate used
· Total per diem charged
· Hotel costs
· Transportation costs
· Total charges
3.5 GOVERNMENT-FURNISHED EQUIPMENT (GFE)
GFE will be provided (as needed and determined by the COR) to the Contractor’s personnel. All Contractor personnel will be required to have active ICE accounts and maintain access to the ICE Network. GFE will consist of a laptop computer and an ICE PIV card. All GFE must be returned to the COR when Contractor personnel depart from the contract or at the end of the contract period. All report generation and administrative tasks will be performed in the Contractor’s facility or designated workplace as mutually agreed upon by the Government.
3.6 GOVERNMENT-FURNISHED INFORMATION (GFI)
The following GFI is mandatory and will be followed by the Contractor in the performance of this contract.
· 2025 ICE NDS available for download at: 2025 National Detention Standards | ICE
· 2025 Non-Dedicated Intergovernmental Detention Standards (NDIDS) available for download at: Non-Dedicated Intergovernmental Detention Standards (NDIDS) | ICE
· 2011 PBNDS available for download at: https://www.ice.gov/detention-standards/2011/
· 2019 ICE NDS available for download at: https://www.ice.gov/detention-standards/2019
· 2020 ICE Family Residential Standards available for download at: https://www.ice.gov/detention-standards/family-residential.
The Contractor is responsible for being cognizant and compliant with any changes, revisions, or updates to standards or policies, and ensuring all contract personnel are trained on any changes, revisions, or updates.
3.7 POST AWARD CONFERENCE/PERIODIC PROGRESS
The Contractor agrees to attend any post-award conference 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 Government 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 will be taken to resolve outstanding issues. These meetings will be at no additional cost to the Government.
3.8 RECOGNIZED FEDERAL HOLIDAYS
The Contractor will adhere to its company’s holiday policy. The Contractor’s employees will not work on any Federal holidays under this requirement. Listed below are recognized Government holidays:
· New Year’s Day
· Birthday of Martin Luther King, Jr.
· Washington’s Day
· Memorial Day
· Juneteenth National Independence Day
· Independence Day
· Labor Day
· Columbus Day
· Veterans Day
· Thanksgiving Day
· Christmas Day
3.9 EMERGENCY, NATURAL DISASTERS, AND OTHER OCCURRENCES.
In the event of an emergency, natural disaster, or other occurrence that renders a detention facility or facilities to be inaccessible or unoccupied by detainees for a period of time greater than forty-eight (48) hours, Contractor personnel scheduled to inspect that facility may be requested to perform inspection services at another facility or facilities at the discretion of the Government. One (1) occurrence rendering a detention facility inaccessible or unoccupied by detainees could be, but not limited to, a health or safety issue.
In the event the Agency is closed due to a lapse in appropriations, the Contractor may be issued a Stop Work Order in accordance with FAR 52.242-15. Unless otherwise alerted in writing by the CO, all work must stop at that juncture. Absent adequate funding obligated on the task order, the Government is not liable for any expense incurred and the Contractor proceeds at its own risk. When the Agency reopens, the Contractor may seek a request for equitable adjustment in accordance with FAR 52.242-15. Similarly, in the event of inclement weather or a national, state, or local emergency, the Agency may also issue a Stop Work Order or may have to descope the requirement. The Agency CO will negotiate and discuss these issues with the Contractor and endeavor to reach the appropriate solution that is best for the Government and the Contractor.
Additionally, in the event of the continual pandemic or resurgence of a similar event or in the wake of adverse weather, the Contractor must be prepared to maintain operations, personnel and support virtually with logistical means to continue domestic travel to designated facilities. A failure to maintain continual support may be grounds for termination and/or may result in a negative performance rating.
3.10 CONTRACT 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. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products, or that Contractor participation is appropriately disclosed.
3.11 HOURS OF OPERATION
The Contractor shall perform inspections during the hours detailed within the distributed schedule, Monday through Friday, except Federal holidays, as directed by the COR, or when the Federal Government has directed that the facility will be closed. All other administrative efforts may be performed within the Contractor’s designated work schedule and at their approved workplace.
3.12 PRODUCTIVE HOURS
Productive hours are defined as those hours ordered and to be paid by the Government to the Contractor for an equivalent number of actual labor hours worked, except when a condition described below applies. This task order does not prohibit the Contractor and/or subcontractor(s) from paying its employee for non-billable hours from overhead or other accounts.
1. Ordering Productive Hours:
Services under the resulting task order will be ordered in accordance with the outlined Contract Line Item Number (CLIN), labor category, and hourly rate. The quantity of hours ordered/identified will be categorized as productive hours.
2. Productive hours DO NOT include:
· Leave time (holiday, sick, vacation, administrative, disability or childcare, leave without pay, jury duty, or military leave).
· The time required for "qualification" training of new or substandard contractor employees or "upgrade" training which is provided by the Contractor.
· The time prior to the start of the workday where the operations of the Federal agency have been shut down or curtailed due to unusually severe weather, other Acts of God, budgetary reasons, or other unforeseeable circumstances.
· Special Holiday Time provided by Executive Order from the President of the United States.
· The time required for ICE Training System (ITS) annual mandatory training for initial and continued access to DHS/ICE systems.
3. Productive hours DO include:
· The time required to attend training specifically ordered by the Government, including reasonable travel time as determined by the COR.
· The intermittent times when Government operations are closed for the balance of a workday that has already commenced. The closing of operations during these periods is usually related to concerns regarding the safety of employees. In these rare instances, the Contractor may bill for the balance of the scheduled workdays with the specific written authorization of the COR and CO.
4. Time Spent Traveling:
The COR must grant approval of all travel time BEFORE the Contractor employee travels. The travel time to attend training, meetings, conferences, etc., specifically ordered by the Government will be considered Productive Hours if:
· The individual is required to travel during regular working hours,
· An individual is required to drive a vehicle or perform other work while traveling, or
· An individual is required to travel as a passenger on an assignment away from the inspection site.
Notably, the Government estimates 40 hours per Subject Matter Expert per ODO Compliance Inspection is to be performed and billed. Should the Contractor anticipate this threshold will be exceeded, an immediate notification to the COR must be rendered. As estimates for DDRs vary based on the circumstances of the review, the Contractor should remain mindful of billable hours and notify the COR if there are any concerns related to allowed billing.
3.13 WORKFORCE PERSONNEL
Further, the Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined herein. When hiring personnel, the Contractor must keep in mind that the stability and continuity of the workforce are essential. In the instance where personnel assigned under this task order are no longer available, the Government must be notified in a timely manner of the date and duration. To ensure adequate coverage, the Contractor must provide a substitute for Key Personnel who are not available to work for more than ten (10) consecutive business days. Substitutes must be of a comparable skill and ability level of the person they are replacing and are subject to approval by the COR.
All Key Personnel departures/replacement must be submitted to the CO at least thirty (30) calendar days prior to the effective date of change. Written acceptance or rejection notice will generally be provided within ten (10) business days. Key Personnel changes will be incorporated by a contract modification. Key Personnel should be maintained on the contract for no less than 120 days after contract award.
All other departures/replacements should be submitted to the COR at least ten (10) business days prior to the effective date of change. The COR will provide the Contractor a written concurrence/non-concurrence of the submitted resume.
Post award and during contract administration, the Government requires the opportunity to review resumes and provide a determination of acceptability for all personnel (Key and Non-Key) prior to Contractor On-Boarding.
3.14 TRANSITION PERIOD
The Contractor will be ready to start performance within two (2) months of the award date in order to minimize any decreases in productivity and to prevent possible negative impacts on additional services.
During this period, the Contractor will implement and manage those activities outlined in an approved Transition Plan, necessary to transition service from the predecessor contract and prepare their staff for full performance operations. The Plan should clearly outline the activities to be completed between the incumbent and successor to ensure all new staff assume their respective full operational responsibilities within 60 days/2 months of contract start. Further, the Contractor must incorporate a milestone schedule, inclusive of projected duration and completion dates for all transitional activities to include onboarding, security, and shadowing with the incumbent.
Specifically, 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. The Contractor will not bill for any ramp-up hours until direct employees are fully investigated, cleared, and given notice to proceed by the ICE/Office of Professional Responsibility, Personnel Security Unit (OPR-PSU) and are ready for transitional training to assume full responsibility from the incumbent Contractor. Transitional training days and times should be coordinated with the incumbent Contractor, upon Award, as to not interrupt the ongoing full operational performance of the incumbent contract.
3.15 STANDARD OF CONDUCT
The Contractor must respond to any problems concerning personnel within two (2) calendar days and provide appropriate response to the matter. Should the situation warrant, the Contractor shall respond within one (1) working day once notified by ICE to resolve problems that the CO or COR determines to be significant and should be resolved/addressed immediately.
3.16 DATA RIGHTS
The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract will be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government as allowed and specified in accordance with FAR 52.227-17, Rights in Data-Special Works.
4.0 SPECIFIC REQUIREMENTS
The Contractor will provide OPR/ODO with a single focal point for inspectional contract services, which should be known as the Inspections Project Manager (PM) and will provide OPR/ERAU with a single focal point for DDR contract services, which will be known as the DDR PM. The Inspections PM and DDR PM must not be the same individual. In the absence of the PM, an assistant PM (APM) will act for and have the same authority as the PM. The APM must be approved by the COR before serving in an acting capacity.
The Contractor will provide the following staff:
· Project Manager – Inspections
· Assistant Project Manager I – Inspections
· Assistant Project Manager II – Inspections
· Project Manager – Detainee Death Reviews
· Assistant Project Manager – Detainee Death Reviews
· Medical Subject Matter Expert – Inspections
· Medical Subject Matter Expert – Detainee Death Reviews
· Detention/Corrections Subject Matter Expert – Inspections Generalist
· Detention/Corrections Subject Matter Expert – DDR Generalist
· Environmental Health and Safety (EH&S)/Food Service Subject Matter Expert – Inspections
· Administrative Specialist
The Contractor will provide personnel qualified in detention management to OPR/ODO and OPR/ERAU for the purposes of supporting both OPR/ODO facility inspections and ERAU DDRs. OPR/ISP will attempt to provide a two (2) week notice of scheduled facility inspections and DDR-related facility visits, but all SMEs must be available to travel within twenty-four (24) hours of the service date of request.
Each PM will be the single focal point for receipt of Technical Direction from the COR, for his or her respective program area. It is anticipated that the majority of such activities will take place during normal working hours. The Contractor will provide a means of communication with the PM on a twenty-four (24) hour-a-day basis so the Government may contact the PM in cases of emergency or urgent requirements.
The annual workload will vary and all assigned work will be coordinated through the PMs. SMEs may not be assigned enough hours to reach full-time billing.
The following table depicts an estimated number of inspections to be performed and the potential mix of contract personnel needed to accomplish the tasks set forth in this SOW. The Government anticipates the need for approximately six (6) to eight (8) ODO Compliance Inspection teams and four (4) DDR teams. Note that the number of teams and the team composition (including position and number of persons per team) are not definite and will be determined by the Government based on the number of outstanding facilities that must undergo inspections during the specified calendar year and the number of DDRs that must be completed.
The information contained below is for information and planning purposes only. The Contractor will perform in accordance with the issued task order’s Schedule of Supplies/Services.
| Type of Inspection |
| Frequency (approx.) |
| Number of Days |
| Potential Personnel Mix |
| Compliance Inspections |
| 70 annually |
| 2 to 5 |
| 2-7 SMEs (1 to 2 medical, 1 EH&S, 2 to 4 generalist SMEs) |
| DDR |
| 18 annually |
| 2 to 5 |
| 2-3 SMEs (1 medical, 1 generalist SMEs; 1 PM or APM) |
*Days include preparation, time on-site, and post-inspection. Billed hours will vary across position type (PM and SME’s) based on responsibilities/assignments.
4.1 CONTRACT MANAGEMENT TASKS
TASK 1 - Contract Management: The Contractor will provide productivity and management methods such as, but not limited to, quality control, data input, clerical, statistical and/or analytical documentation and manipulation, training of contract personnel, and related functions. Each PM will be responsible for performing the day-to-day management of overall contract support operations ensuring conformity to contract terms and conditions. Each PM will have authority for unsupervised technical and financial decisions and actions. The Contractor will, at a minimum:
a. Provide required qualified personnel to support both OPR/ODO and OPR/ERAU, to include all designated Key Personnel.
b. Update the list of Contractor Personnel within forty-eight (48) hours of personnel changes, and notify the CO and COR, 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.
c. Notify the COR within two (2) hours of a termination and inform the employee that they cannot report to work/facility or wait until the end of the business day to terminate the employee. The Contractor will submit résumés for proposed replacement Key Personnel to the COR and CO for review and approval in accordance with paragraph 3.13 of this SOW.
d. Perform Quality Control/Quality Assurance of all contract requirements.
e. Provide recommendations for improvements or changes to compliance review processes or documents, to include proposed changes to the ICE detention standards.
f. Provide recommendations for improvements or changes to detainee death review processes or reporting.
g. Provide recommendations on detention-related areas in which OPR/ODO and OPR/ERAU may conduct focus or special reviews.
h. Provide ICE with trends and risk analysis to assist in inspection planning to include establishing hierarchy of follow-up inspections based on need when requested by ICE.
i. Provide analytical support to identify trends and patterns based on detention compliance inspection and DDR findings.
j. Ensure communication capability among Contractor staff, to include voicemail and email.
TASK 2 – Reporting: Reporting will include, but not be limited to, facility compliance and review activities, review findings, detention standard deficiencies, recommendations, significant event observations and trend analysis. Reports and other written material must contain detailed compliance assessments of specific detention standards, and relevant information, observations, or findings, as dictated by the assignment. Examples of reports include but are not limited to the following:
a. Final write-ups and reports of inspectional activities, to include compliance inspections and any other inspectional task, will be submitted to the COR within five (5) business days following the conclusion of the related inspection or review.
b. Final written report of medical and security findings for each DDR, and for any focus or special review, as assigned, will be submitted to the COR within thirty (30) business days following the conclusion of the related review or investigation. The Government may request preliminary reports, expedited final reports, or may grant extensions to this timeline, as needed. Requests for responses to follow-up comments relating to DDR content will be submitted within five (5) business days from the request, absent exigent circumstances. A DDR final report must provide a comprehensive and detailed narrative timeline analyzing all facts and circumstances surrounding the deceased detainee’s time in ICE custody, from his/her date of admission up to, and including, his/her death, and facility and agency actions taken following the death. The final report must clearly describe all findings of non-compliance with respect to the care, safety, and security of the deceased detainee, any best practices identified, and any areas of note concerning the facility’s adherence to facility policy and industry standards. The final report will be submitted in the template mandated by the Government. Working papers and associated emails for DDRs must be provided to the Government within ten (10) business days of the DDR publication notification.
c. Provide ad hoc reviews to assess facility detention standard compliance, e.g., security-relevant detention standards compliance review following an investigation conducted at a facility regarding use of force.
d. Provide ad hoc data responses in a timely manner. Historically approximately one hundred (100) to one hundred and fifty (150) ad hoc data calls have been performed, however this number may increase. An example of an ad hoc data call: “Provide the number of allegations and incidents for a specific facility in the preceding month or other timeframe.”
4.2 INCIDENT INSPECTION TASKS
Tasks include:
a. Participate as a team member on all activities related to inspections and DDRs, including ad hoc reviews, and perform inspection-scheduling and travel functions thereof.
b. Perform fact-finding, which may be limited focused interviews with detainees regarding conditions of detention, as needed, under the direction of ISP personnel.
c. Perform comprehensive fact-finding review of a deceased detainee’s time in ICE custody, including but not limited to: in-person or remote interviews of facility staff (medical, security, administrative), ERO staff, and detainees; a review of all records pertaining to the deceased detainee (immigration, detention, medical, housing, segregation, video surveillance footage, hospital, etc.); and, a review of facility and agency policies and standards relevant to the detainee’s custody. Provide timely responses to follow-up requests related to the assigned DDR.
d. Prepare and submit inspection and review reports within specified timeframes, providing expert responses to allegations of non-compliance and inquiries related to detention standards.
e. Prepare and submit specialized reports of inspection results, and review observations and findings, as assigned.
f. Prepare briefings on inspection and review findings using available media as necessary (i.e., PowerPoint) and provide database support, as needed.
g. Provide expert input and analysis on Detention/Corrections matters.
h. Maintain inspectional and review data and results on own equipment compatible with Government (Microsoft Office) for statistical analysis, tracking, review, and assessment in support of OPR/ODO and OPR/ERAU functions as required. All offsite work not done on GFE must be completed on own equipment protected by intrusion firewalls and in compliance with the applicable ICE Information Governance and Privacy Requirements below.
i. At the expiration of the contract, the Contractor will convey any SME’s notes and copies of inspections to the COR for further retention as necessary. If the completed reports retained at ICE OPR Headquarters are deemed sufficient, the CO may authorize the COR to eliminate the requirement for the Contractor to forward copies to ICE, at which time these records must be destroyed. When handling information electronically and in writing which contain sensitive information, the Contractor must ensure to follow all protocol specified by the Department of Homeland Security regarding the collection, input, storage, and transfer of the data at all times.
4.3 STANDARDS AND PERSONNEL REQUIREMENTS
ICE detention standards and ICE policies are the governing standards within the ICE detention facilities and will be used as the overall compliance standards by the Contractor. OPR may identify additional standards as required for specified inspections and/or reviews and will provide the applicable references.
All Contractor personnel assigned to work under the contract will be subject to security requirements as described under Paragraph 6.0. Additionally, all Contractor personnel will be required to sign and return to the COR an OPR Non-Disclosure Agreement on an annual basis.
The McNamara-O'Hara Service Contract Act (SCA) is not applicable to the labor categories of this requirement.
4.4 TRAINING
Government-Provided Training. The Government will provide initial ICE detention standards training to Contractor personnel. Initial training is defined as one (1) time training at the beginning of the contract only, or at the initial implementation of new or changed compliance standards. The location, dates, times, and the specific contract personnel to receive training will be at the discretion of the Government for any Government-provided training. The Contractor will be responsible for providing ICE detention standard training to new contract personnel who on-board after initial training. In the event changes to the applicable standards occur, the Government will provide one (1) time initial training to the contract PM on those changes, and the PM will be responsible for the training of contract personnel at no cost to the Government.
Contractor Detention Standard Training. The Contractor will provide ICE detention standard training to all contract personnel on any changes to applicable ICE detention standards no more than thirty (30) calendar days after the Government-provided training to the PM. Government-provided training will be in accordance with this paragraph. The Contractor is responsible for any NDS and PBNDS refresher or re-training of contract personnel at no cost to the Government. Refresher training will be completed annually by the Contractor at no cost to the Government. NDS training will be completed prior to personnel beginning work on this contract. PBNDS training will be completed prior to contract personnel inspecting detention facilities where the PBNDS are in effect. The Contractor is responsible for ensuring sufficient contract personnel are trained in the PBNDS to perform inspections at facilities using PBNDS. The Contractor will incorporate ICE-provided training into the Contractor’s training, as provided.
The Contractor will provide the COR with certifications of completed training through a written statement for each contract employee, prior to them starting work on the contract. The certification statement must include the date and place of training, names of personnel providing training, and the name and position of the trained contract employee. Certification statements of completed training will be signed and dated by the contract PM. The COR may attend any Contractor training sessions for quality assurance purposes. The Contractor will provide the COR with a schedule reflecting dates, times, and locations of all Contractor’s training at least five (5) business days in advance of training day.
ITS Mandatory Training. Contractors shall complete all mandatory training assigned to them in ITS, to include but not limited to, DHS Basic Records Management, Cybersecurity Awareness, DHS Insider Threat Management, and Sensitive PII training. Failure to complete these training courses by the required due dates could result in revocation of access to DHS/ICE systems and deactivation of participation on the contract.
5.0 LABOR CATEGORIES
KEY PERSONNEL
The following labor categories are designated as key personnel:
· Project Manager – Inspections (PM)
· Assistant Project Manager – Inspections
· Assistant Project Manager II – Inspections
· Project Manager – Detainee Death Reviews/Special Reviews (PM)
· Assistant Project Manager – Detainee Death Reviews
· Medical Subject Matter Expert – Inspections
· Medical Subject Matter Expert – Detainee Death Reviews
· Detention/Corrections Subject Matter Expert – Inspections Generalist
· Detention/Corrections Subject Matter Expert – DDR Generalist
· Environmental Health and Safety/Food Service Subject Matter Expert – Inspections
All key personnel must be employees of the prime contractor or sub-contractor. Key personnel are expected to serve for the duration of the contract, unless replacements with equal or better skills are nominated by the Contractor and accepted by the CO, in accordance with Homeland Security Acquisition Regulation (HSAR) 3052.215-70, Key Personnel or Facilities (DEC 2003).
LABOR CATEGORY EXPERIENCE AND QUALIFICATION REQUIREMENTS
**The Contractor must provide qualified personnel in accordance with the qualifications contained in this SOW and in accordance with their specified GSA Multiple Award Schedule. **
A description for each labor category required by this SOW is listed below, along with educational and experience requirements.
Project Manager – Inspections (PM - Inspections): In addition to the duties mentioned in section 4.1, Task 1, the PM will be responsible for the management and oversight of contracted staff and functions. The PM – Inspections must possess all the experience levels and qualifications described below:
· A minimum of a bachelor’s degree or in lieu of degree, a minimum of fifteen (15) years of experience working in a correctional environment as delineated in the next bullet below;
· A minimum of ten (10) years’ experience working in a state prison, local jail, federal prison, or any Federal Government agency that oversees incarcerated individuals, such as the Bureau of Prisons (BOP) or ICE. 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;
· A minimum of five (5) years of law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to experience in corrections and detention operations i.e. – investigative personnel who conducted inquiries at detention or correctional facilities, or legal advisors or staff who performed duties in support of corrections or detention or as audit personnel who performed quality assurance or monitoring at correctional or detention locations;
· A minimum of five (5) years as a member of management within a correctional or detention facility; and
· A minimum of three (3) years of project management experience.
It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.
Project Manager – Detainee Death Reviews (PM – Detainee Death Reviews): In addition to the duties mentioned in section 4.1, Task 1, the PM will be responsible for the management and oversight of contracted staff and functions. The PM – DDR must possess all the experience levels and qualifications described below:
· At minimum a bachelor’s degree;
· A minimum of ten (10) years’ experience working in a state prison, local jail, federal prison, or any Federal Government agency that oversees incarcerated individuals, such as the Bureau of Prisons (BOP) or ICE. 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;
· A minimum of five (5) years of law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to experience in corrections and detention operations i.e. – investigative personnel who conducted inquiries at detention or correctional facilities, or legal advisors or staff who performed duties in support of corrections or detention or as audit personnel who performed quality assurance or monitoring at correctional or detention locations;
· A minimum of five (5) years as a member of management within a correctional or detention facility;
· A minimum of three (3) years of project management experience; and
· Demonstrate a minimum of five (5) years of experience leading complex multi-disciplinary after-action reviews of deaths in custody, to include deaths due to both suicide and natural causes. This experience will include the preparation of detailed and comprehensive written after-action review reports used to guide policy and process decision-making.
It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.
Assistant Project Manager I and II – Inspections (Assistant PM- Inspections): the Assistant PM – Inspections will be responsible for assisting the Project Manager - Inspections in the management and oversight of contracted staff and functions. The Assistant PM – Inspections must possess all the experience levels and qualifications described below:
· At minimum a bachelor’s degree or in lieu of degree, a minimum of fifteen (15) years of experience working in a correctional environment as delineated in the next bullet below;
· A minimum of ten (10) years’ experience working in a state prison, local jail, federal prison, or any Federal Government agency that oversees incarcerated individuals, such as the Bureau of Prisons (BOP) or ICE. 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;
· The Assistant PM must have a minimum of five (5) years of law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to experience in corrections and detention operations i.e. – investigative personnel who conducted inquiries at detention or correctional facilities, or legal advisors or staff who performed duties in support of corrections or detention or as audit personnel who performed quality assurance or monitoring at correctional or detention locations; and
· The Assistant PM must have a minimum of three (3) years of project management experience.
It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.
Assistant Project Manager – Detainee Death Reviews (Assistant PM- DDR): the Assistant PM – DDR will be responsible for assisting the Project Manager - DDR in the management and oversight of contracted staff and functions. The Assistant PM – DDR must possess all the experience levels and qualifications described below:
· At minimum a bachelor’s degree or in lieu of degree, a minimum of fifteen (15) years of experience working in a correctional environment as delineated in the next bullet below;
· A minimum of ten (10) years’ experience working in a state prison, local jail, federal prison, or any Federal Government agency that oversees incarcerated individuals, such as the Bureau of Prisons (BOP) or ICE. 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;
· A minimum of five (5) years of law enforcement, investigative, and/or monitoring and quality control experience that is related to or has a nexus to experience in corrections and detention operations i.e. – investigative personnel who conducted inquiries at detention or correctional facilities, or legal advisors or staff who performed duties in support of corrections or detention or as audit personnel who performed quality assurance or monitoring at correctional or detention locations; and
· A minimum of three (3) years of project management experience.
· Demonstrate a minimum of four (4) years of experience leading complex multi-disciplinary after-action reviews of deaths in custody, to include deaths due to both suicide and natural causes. This experience will include the preparation of detailed and comprehensive written after-action review reports used to guide policy and process decision-making.
It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.
Medical Subject Matter Expert – Inspections (Medical SME – Inspections): Responsible for carrying out higher-level professional and/or administrative work involved in programs, projects, and operations. Possess the ability to provide expert testimony regarding issues affecting medical administration, care, and treatment within a detention setting, and related findings. The Medical SME – Inspections must possess all the experience levels and qualifications described below:
· Be a current or former board certified Medical Doctor or Doctor of Osteopathic Medicine in at least one of the 50 States, U.S. territories or the District of Columbia; current or former licensed Registered Nurse (RN), Physician’s Assistant, or Nurse Practitioner in at least one of the 50 States, U.S. territories or District of Columbia; or a Bureau of Prisons’ Mid-Level Clinician (a higher clinical level than RN); or five (5) years clinical experience in a detention/correctional environment and meets the following criteria:
· Minimum of ten (10) years of experience working in health care at a facility which houses prisoners or ICE detainees;
· Minimum of five (5) years of experience in the administration of a health care unit at a facility which houses prisoners or ICE detainees; and
· Minimum of two (2) years of experience inspecting detention facilities to determine compliance with detention standards, reviewing medical records to determine violations with policies, non-compliance with detention standards, and experience conducting interviews relating to medical records to determine compliance with policies and detention standards.
It is acceptable for the candidate to have obtained the required amount of experience referenced above concurrently.
Medical Subject Matter Expert – Detainee Death Reviews (Medical SME – DDR): Responsible for carrying out higher-level professional and/or administrative work involved in programs, projects, and operations. Possess the ability to provide expert testimony regarding issues affecting medical administration, care, and treatment within a detention setting, and related findings. The Medical SME - DDR must possess all the experience levels and qualifications described below:
· Be a current or former board certified Medical Doctor or Doctor of Osteopathic Medicine in at least one of the 50 States, U.S. territories or the District of Columbia; current or former licensed Registered Nurse (RN), Physician’s Assistant, or Nurse Practitioner in at least one of the 50 States, U.S. territories or District of Columbia; or a Bureau of Prisons’ Mid-Level Clinician (a higher clinical level than RN); or five (5) years clinical experience in a detention/correctional environment and meets the following criteria:
· Minimum of ten (10) years of experience working in health care at a facility which houses prisoners or ICE detainees;
· Minimum of five (5) years of experience in the administration of a health care unit at a…
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