Attachment 1
Performance Outcomes
2008 Performance-Based National Detention Standards (PBNDS)
PART 1

SAFETY

1 Emergency Plans
Each facility will have in place contingency plans to quickly and effectively respond
to any emergency situations that arise and to minimize their severity.
1. Staff will be trained at least annually in emergency preparedness and
implementation of the facility’s emergency plans.
2. An evacuation plan will be in place in the event of a fire or other major
emergency, and the plan will be locally approved in accordance with this
Detention Standard and updated at least annually.
3. Events, staff responses, and command-related decisions during and
immediately after emergency situations will be accurately recorded and
documented.
4. Plans will include procedures for handling detainees with special needs during
an emergency or evacuation.
5. The applicable content and procedures in this standard will be communicated
in a language or other manner that the detainee can understand.
2

Environmental Health and Safety
1. Facility cleanliness and sanitation will be maintained at the highest level.
2. Compliance with all applicable safety and sanitation laws will be ensured by
documented internal and external inspections and corrective action when
indicated.
3. Compliance with all applicable fire safety codes and fire safety performance
requirements for the facility furnishings will be ensured.
4. Flammable, poisonous, toxic, and caustic materials will be controlled and
used in a safe manner.
5. Compliance with fire prevention regulations, inspection requirements, and
practices, including periodic fire drills, will ensure the safety of detainees,
staff, and visitors.
6. Staff will be knowledgeable about procedures and responsibilities during
emergency situations, including those that require evacuation, in accordance
with a written plan and at least annual training.
7. The facility will have a plan for immediate release of detainees from locked
areas and provisions for a back-up system
8. A sufficient number of properly positioned emergency exits that are clear
from obstruction will be distinctly and permanently marked.
9. Preventive maintenance and regular inspections will be performed to ensure
timely emergency repairs or replacement to prevent dangerous and lifethreatening situations.
10. Potential disease transfer will be minimized by the proper sanitization of
barbering equipment and supplies.
11. Pests and vermin will be controlled and eliminated.
12. Safe potable water will be available throughout the facility.
1

ICE.2012FOIA3030001486

 Attachment 1
13. Emergency lighting and life-sustaining equipment will be maintained and
periodically tested.
14. Disposal of garbage and hazardous waste will be in compliance with
applicable government regulations.
15. The applicable content and information in this standard will be communicated
in a language or manner which the detainee can understand.
3

Transportation (by Land)
1. The general public, detainees, and staff will be protected from harm when
detainees are transported.
2. Vehicles used for transporting detainees will be properly equipped,
maintained, and operated.
3. Detainees will be transported in a safe and humane manner, under the
supervision of trained and experienced staff.
4. To the extent practicable, reasonable accommodations (e.g., wheelchairs,
canes) will be made for detainees with physical disabilities and impairments
in accordance with security and safety needs.

PART 2
4

SECURITY

Admission and Release
1. Upon admission each detainee will be screened to ensure facility safety,
security, and good order. Strip searches will be conducted in the least intrusive
manner practicable.
1. Upon admission, each detainee’s personal property and valuables will be
checked for contraband, inventoried, receipted, and stored.
2. Each detainee’s identification documents will be secured in the detainee’s Afile.
3. Upon admission, each detainee will be medically screened to protect the
health of the detainee and others in the facility.
4. Upon admission, each detainee will be given an opportunity to shower and be
issued clean clothing, bedding, towels, and personal hygiene items.
5. Upon admission, each detainee will undergo screening interviews and
complete questionnaires and other forms.
6. Each newly admitted detainee will be kept separated from the general
population until classified and housed accordingly.
7. Each newly admitted detainee will be oriented to the facility through written
material on facility policies, rules, prohibited acts, and procedures and, in
some facilities, by viewing an orientation video, in a language or manner he or
she can understand.
8. Detainees will be released, removed, or transferred from a facility only when
staff have followed specified procedures and completed required forms.
9. The facility will maintain accurate records and documentation on all
detainees’ admission, orientation, and release.

2

ICE.2012FOIA3030001487

 Attachment 1
10. Detainees will have access to a telephone during the admission process
11. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
5

Classification System
1. The community, staff, contractors, volunteers, and detainees will be protected
from harm through a formal classification process for managing and
separating detainees by threat risk that is based on verifiable and documented
data.
2. Each detainee will be expeditiously classified upon admission to the facility
and before being admitted into general population housing.
3. Non-criminal detainees will be protected from harm by assigning detainees
housing with persons of similar backgrounds and criminal history.
4. Each detainee’s classification will be reviewed at regular intervals, when
required by changes in the detainee’s behavior or circumstances, or upon
discovery of additional, relevant information.
5. Detainees will be able to appeal their classification levels.
6. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.

6

Contraband
1. Contraband will be identified, detected, controlled, and disposed of properly.
2. Detainee personal property that would be considered contraband within the
facility will be mailed to a third party or stored until the detainee’s release,
unless that property is illegal or a threat to safety or security.
3. Contraband that may be evidence in connection with a violation of a criminal
statute will be preserved, inventoried, controlled, and stored so as to maintain
and document the chain of custody.
4. The applicable content and procedures in this standard will be communicated
to the detainee in a language or manner which the detainee can understand.

7

Facility Security and Control
1. Essential security posts and positions will be staffed with qualified personnel.
2. Facility security and safety will be monitored and coordinated by a secure,
well-equipped, and continuously staffed control center.
3. The facility’s perimeter will ensure that detainees remain within and that
public access is denied without proper authorization.
4. Information about routine procedures, emergency situations, and unusual
incidents will be continually recorded in permanent post logs and shift reports.
5. Facility safety, security and good order, including the safety, health and wellbeing of staff and detainees, will be enhanced through ongoing observation,
supervision, and personal contact and interaction between staff and detainees.
6. Special security and control measures will consistently be applied to Special
Management Unit entrances.
7. Facility safety, security and good order will be enhanced through frequent and

3

ICE.2012FOIA3030001488

 Attachment 1
documented staff inspections of detainee-occupied and unoccupied areas.
8

Funds and Personal Property
1. The security, safety and good order of each facility will be maintained through
an immediate search of each newly admitted detainee’s property.
2. Each detainee’s funds, valuables, baggage, and personal property will be
inventoried, receipted, stored and safeguarded for the duration of their
detention.
3. Each detainee will be informed about what funds and property may be
retained in his or her possession and about procedures to report missing or
damaged property.
4. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.

9

Hold Rooms in Detention Facilities
1. The safety, security, and comfort of detainees temporarily confined in Hold
Rooms will be ensured.
2. No detainee will be confined in a Hold Room for more than twelve hours.
3. Males and females will be confined separately.
4. Minors (under 18) will be held apart from adults, except for related adults or
legal guardians, provided there are no safety or security concerns with this
arrangement.
5. Any detainee with disabilities, including temporary disabilities, will be housed
in a manner that provides for his or her safety, comfort and security.
6. Detainees awaiting a medical visit will be seen as promptly as possible.

10 Key and Lock Control
1. All staff will be trained in the proper care and handling of keys and locks.
2. Keys will be controlled and accounted for.
3. Locks and locking devices will be continually inspected, maintained, and
inventoried.
4. Employees will store their firearms in secure gun lockers before entering the
facility.
11 Population Counts
Security, safety, and orderly facility operations will be maintained through an
ongoing, effective system of population counts and accountability for detainees.
12 Post Orders
1. Each officer will have current written Post Orders that specifically apply to
the assigned post, with step-by-step procedures in sufficient detail to guide an
officer assigned to that post for the first time.
2. Signed and dated records will be maintained to show that assigned officers
acknowledged that they read and understood the Post Orders.
3. Post Orders will be formally reviewed annually and updated as needed.

4

ICE.2012FOIA3030001489

 Attachment 1
13 Searches of Detainees
1. Detainees will live and work in a safe and orderly environment.
2. Contraband will be controlled.
3. Searches of detainees, housing, and work areas will be conducted without
unnecessary force and in ways that preserve the dignity of detainees.
4. When body searches are conducted, the least intrusive practicable search
method will be employed, as indicated by the type of contraband and the
method of suspected introduction or concealment.
5. Pat searches of detainees and metal detector screening will be conducted
routinely to control contraband.
6. A strip search will be conducted only when there is reasonable suspicion that
contraband may be concealed on the person, or when there is a reasonable
suspicion that a good opportunity for concealment has occurred, and when
properly authorized by a supervisor.
7. A body cavity search will be conducted by designated health personnel only
when authorized by the facility administrator on the basis of reasonable
suspicion that contraband may be concealed in or on the detainee’s person.
8. “Dry cells” will be used for contraband detection only when there is
reasonable suspicion of concealment, with proper authorization, and in
accordance with required procedures.
9. Contraband that may be evidence in connection with a violation of a criminal
statute will be preserved, inventoried, controlled, and stored so as to maintain
and document the chain of custody.
10. Canine units (in facilities that have them) may be used for contraband
detection
when detainees are not present, but canine use for force,
intimidation, control, or searches of detainees is prohibited.
11. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
14 Sexual Abuse and Assault Prevention and Intervention
1. Sexual abuse and assault of detainees will be prevented.
2. Detainees will be informed about the facility’s sexual abuse or assault
prevention and intervention program.
3. Detainees will be screened to identify those likely to be sexual aggressors or
sexual victims and will be housed to prevent sexual abuse or assault.
Detainees who are considered likely to become victims will be placed in the
least restrictive housing that is available and appropriate.
4. All allegations of sexual abuse or assault will be promptly and effectively
reported and investigated. Detainees will not be punished for truthfully
reporting abuse or signs of abuse observed.
5. If sexual abuse or assault of any detainee occurs, the medical, psychological,
safety, and social needs of the victim will be promptly and effectively met.
6. Where possible and feasible, a victim of sexual assault will be referred under
appropriate security provisions to a specialized community facility for
treatment and gathering of evidence.

5

ICE.2012FOIA3030001490

 Attachment 1
7. Assailants will be confined and disciplined and may be subject to criminal
prosecution.
8. Sexual conduct between detainees, staff, volunteers, or contract personnel,
regardless of consensual status, is prohibited and subject to administrative,
disciplinary, and criminal sanctions.
9. All case records associated with claims of sexual abuse, including incident
reports, investigative reports, offender information, case disposition, medical
and counseling evaluation findings, and recommendations for post-release
treatment and/or counseling will be retained in accordance with an established
schedule.
10. For monitoring, evaluating, and assessing the effectiveness of the sexual abuse
and assault prevention and intervention program, incidents of sexual abuse
and assault will be specifically documented and tracked as specified in this
Detention Standard (in addition to standard facility operational and
disciplinary documentation of any assault).
11. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
15 Special Management Units
1. Each facility will have access to Special Management Units with an
Administrative Segregation section for detainees segregated from the general
population for administrative reasons and a Disciplinary Segregation section
for detainees segregated from the general population for disciplinary reasons.
2. Detainees housed in the general population, staff, contractors, volunteers, and
the local community will be protected from harm by the segregation of certain
detainees in SMUs.
3. Any detainee who represents an immediate, significant threat to safety,
security or good order will be immediately controlled by staff and, for cause
and with supervisory approval, placed in Administrative Segregation.
4. Health care personnel will be immediately informed when a detainee is
admitted to an SMU to provide assessment and review as indicated by health
care authority protocols.
5. A detainee will be placed in “protective custody” status in Administrative
Segregation only when there is documentation that it is warranted and that no
reasonable alternatives are available.
6. A detainee will be placed in Disciplinary Segregation only after a finding by a
Disciplinary Hearing Panel that the detainee is guilty of a prohibited act or
rule violation classified at a “Greatest”, “High”, or “High-Moderate” level, as
defined in the Detention Standard on Disciplinary System, Attachment A:
Prohibited Acts and Sanctions.
7. The status of detainees in Special Management Units will be reviewed in
accordance with required time schedules by supervisory staff and the results
of those reviews will be documented.
8. A detainee will remain in Disciplinary Segregation for no more than 60 days

6

ICE.2012FOIA3030001491

 Attachment 1
for violations associated with a single incident, and his or her status will be
reviewed after the first 30 days, and each 30 days thereafter by the facility
administrator and the Field Office Director notified to determine if continued
detention in Disciplinary Segregation is still warranted.
9. Detainees in SMUs will be afforded basic living conditions that approximate
those provided to the general population, consistent with the safety and
security considerations that are inherent in more controlled housing, and in
consideration of the purpose for which each detainee is segregated.
10. In general, when a detainee in an SMU is deprived of any usually authorized
items or activity, a report of the action is forwarded to the facility
administrator for notice and review.
11. Detainees in SMUs will have regular access to supervisory, management,
program, and health care staff.
12. Each detainee in an SMU will be offered a minimum of one hour of
recreation per day, five days a week, unless documented security or safety
considerations dictate otherwise.
13. Detainees in SMUs will be able to write and receive mail and correspondence
as they would otherwise be able to do while detained within the general
population.
14. Detainees in SMUs will be provided opportunities for general visitation,
including legal visitation, unless there are substantial, documented reasons for
withholding those privileges.
15. Detainees in SMUs will have access to personal legal materials, law library
materials, and legal visits, in accordance with provisions in this Detention
Standard.
16. Detainees in SMUs will have access to telephones, in accordance with
provisions in this Detention Standard.
17. Detainees in SMUs will have access to programs and services such as
commissary, library, religious guidance, and recreation, in accordance with
provisions in this Detention Standard.
18. Detailed records will be maintained on the circumstances related to a
detainee’s confinement to the SMU, through required permanent SMU logs
and individual detainee records.
19. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
16 Staff-Detainee Communication
1. Detainees will have frequent opportunities for informal contact with facility
managerial and supervisory staff and with ICE/ERO Field Office staff.
2. Facility managerial and supervisory staff and ICE/ERO Field Office staff will
frequently and directly observe facility operations and conditions of
confinement.
3. Detainees will be able to submit written questions, requests, and concerns to
ICE/ERO staff and receive timely responses.

7

ICE.2012FOIA3030001492

 Attachment 1
4. Detainees will be informed about how to directly contact the Department of
Homeland Security Office of the Inspector General.
5. Detainee telephone serviceability will be monitored and documented by ICE
staff and any problems immediately reported.
6. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
17 Tool Control
Tools, maintenance implements, culinary utensils, medical and dental
instruments, equipment, and supplies (particularly syringes, needles, and other
sharps) will be maintained on an inventory, continually controlled and accounted
for to insure the safe and orderly operation of the facility.
18 Use of Force and Restraints
1. Physical force will be used only as a last resort and is restricted to instances of
justifiable self-defense, protection of others, protection of property, and
prevention of escapes.
2. Facilities will endorse the concept that confrontation avoidance is the
recommended method for resolving situations and should always be attempted
prior to any calculated use of force.
3. Physical force or restraint devices will not be used as punishment.
4. In circumstances when prior supervisory approval is required, restraints will
not be applied without that approval.
5. Four/five-point restraints will be applied only in extreme circumstances and
only where other types of restraints have proven ineffective. Advance
approval is required, as is prompt notification of and examination by the
medical staff. These restraints will be continued only in accordance with
required procedures and documentation.
6. Intermediate force devices will be used only in circumstances prescribed
herein, with required prior approvals.
7. In each facility, all weapons and related equipment will be stored securely in
designated areas to which only authorized persons have access.
8. In each facility, chemical agents and related security equipment will be
inventoried at least monthly to determine their condition and expiration dates.
9. In each facility, a written record of routine and emergency distribution of
security equipment will be maintained.
10. An employee will submit a written report no later than the end of his or her
shift when force was used on any detainee for any reason, or if any detainee
remains in any type of restraints at the end of that shift. This includes
discharge of a firearm and use of less lethal devices to control detainees.
11. Telephonic notification to the FOD shall occur as soon as practicable. The
Field Office Director will be notified of any use-of-force incident involving an
ICE detainee within two business days via an ICE-approved form or IGSA
equivalent.
12. Canines will not be used for force, control or intimidation of detainees.
13. Facilities will adhere to DHS’ Use of Deadly Force Policy.

8

ICE.2012FOIA3030001493

 Attachment 1
14. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
PART 3

ORDER

19 Disciplinary System
1. Detainees will be informed of facility rules and regulations, prohibited acts,
disciplinary sanctions that may be imposed, their rights in the disciplinary
system and the procedure for appealing disciplinary findings.
2. Each facility will have graduated severity scales of prohibited acts and
disciplinary consequences.
3. Where permitted by facility policy, staff will informally settle minor
transgressions by mutual consent, whenever possible.
4. Staff who witness a prohibited act that cannot or should not be resolved
informally, or have reason to suspect that a detainee has engaged in a
prohibited act, will prepare a clear, concise, and complete Incident Report.
5. Each Incident Report will be objectively and impartially investigated and
reported, ordinarily by a person of supervisory rank.
6. When appropriate, a serious incident that may constitute a criminal act will be
referred to the proper investigative agency, and the administrative
investigation will be suspended, pending the outcome of that referral.
7. At each step of the disciplinary and appeal process, the detainee will be
advised of his or her rights in a language he or she understands, and
translation or interpretation services will be provided as needed.
8. A Unit Disciplinary Committee (UDC) will further investigate and adjudicate
the incident and may impose minor sanctions or refer the matter to a higher
level disciplinary panel.
9. An Institution Disciplinary Panel (IDP) will conduct formal hearings on
Incident Reports referred from UDCs and may impose higher level sanctions
for “Greatest” and “High” level prohibited acts.
10. Detainees before the IDP will be afforded a staff representative, upon request,
or automatically if the detainee is illiterate, has limited English language skills
or otherwise needs special assistance.
11. Actions of the IDP will be reviewed by the facility administrator, who may
concur with the findings and sanctions or modify them.
12. At all steps in the disciplinary process, any sanctions imposed will be
commensurate with the severity of the committed prohibited act and intended
to encourage the detainee to conform with rules and regulations in the future.
13. All steps of the disciplinary process will be done within the required time
limits.
14. At all steps of the disciplinary process, accurate and complete records will be
maintained. The detainee will receive copies of all reports, exhibits, and other
documents considered or generated in the hearing process, except insofar as
the disclosure of such documents may pose an imminent threat to the safety
and security of the facility staff or other detainees, or if the document or other
evidence is otherwise protected from disclosure.

9

ICE.2012FOIA3030001494

 Attachment 1
15. If a detainee is found not guilty at any stage of the disciplinary process, the
incident records will not be placed or retained in the detainee’s file, even if
they are retained elsewhere for statistical or historical purposes.
16. Detainees will be able to appeal disciplinary decisions through a formal
grievance system. No detainee will be harassed, disciplined, punished, or
otherwise retaliated against for filing a complaint or grievance.
17. Detainees shall be afforded the following rights: the right to protection from
abuse, the right to freedom from discrimination, the right to pursue a
grievance, the right to correspond with persons or organizations and the right
to due process.
18. The applicable content and procedures in this standard will be communicated
to the detainee in a language or manner which the detainee can understand.
PART 4

CARE

20 Food Service
1. All detainees will be provided nutritionally balanced diets that are reviewed at
least quarterly by food service personnel and at least annually by a qualified
nutritionist or dietician.
2. Detainees, staff and others will be protected from harm and facility order will
be maintained by the application of sound security practices in all aspects of
food service and dining room operations.
3. Detainees, staff, and others will be protected from injury and illness by
adequate food service training and the application of sound safety and
sanitation practices in all aspects of food service and dining room operations.
4. Dining room facilities and operating procedures will provide sufficient space
and time for detainees to eat meals in a relatively relaxed, unregimented
atmosphere.
5. Food service facilities and equipment will meet established governmental
health and safety codes, as documented by an independent, outside source.
6. Detainees, staff, and others will be protected from health-related harm by
advance medical screening and clearance before any detainee is assigned to
work in food service operations.
7. Food service areas will be continuously inspected by food service staff and
other assigned personnel on schedules determined by the food service
administrator and by applicable policy requirements.
8. Stored food goods will be maintained in accordance with required conditions
and temperatures.
9. Therapeutic medical diets and supplemental food will be provided as
prescribed by appropriate clinicians.
10. Special diets and special ceremonial meals will be provided for detainees
whose religious beliefs require the adherence to religious dietary laws.
11. Detainees will receive a religious or special diet free of any personal cost.
12. Food will never be used for reward or punishment.

10

ICE.2012FOIA3030001495

 Attachment 1
21 Hunger Strikes
1. Any detainee who does not eat for 72 hours will be referred to the medical
department for evaluation and possible treatment.
2. When medically advisable, a detainee on a hunger strike will be isolated for
close supervision, observation, and monitoring.
3. The ICE/ERO Field Office Director (FOD) will be notified when a detainee is
on a hunger strike.
4. The detainee’s health will be carefully monitored and documented, as will the
detainee’s intake of foods and liquids.
5. A detainee on a hunger strike will be counseled and advised of the medical
risks and will be encouraged to end the hunger strike or accept medical
treatment.
6. Involuntary medical treatment will be administered only with the medical,
psychiatric, and legal safeguards specified herein.
7. A record of interactions with the striking detainee, provision of food,
attempted and successful medical treatment, and communications between the
Clinical Medical Authority, Facility Administrator, and ICE/ERO will be
established.
8. The information in this detention standard will be communicated in a
language or other manner which the detainee can understand.
22 Medical Care
1. Detainees will have access to a continuum of health care services, including
prevention, health education, diagnosis, and treatment.
2. Health care needs will be met in a timely and efficient manner.
3. Newly admitted detainees will be informed, orally and in writing, about how
to access health services.
4. Detainees will be able to initiate requests for health services on a daily basis.
5. Detainees will receive timely follow-up to their health care requests.
6. Detainees will have continuity of care from admission to transfer, discharge,
or removal, including referral to community-based providers when indicated.
7. A detainee who needs health care beyond facility resources will be transferred
in a timely manner to an appropriate facility where care is available. A written
list of referral sources, including emergency and routine care, will be
maintained as necessary and updated at minimum annually.
8. A transportation system will be available that ensures timely access to health
care services that are only available outside the facility, including:
prioritization of medical need, urgency (such as the use of ambulance instead
of standard transportation) and transfer of medical information.
9. A detainee who requires close, chronic or convalescent medical supervision
will be treated in accordance with a written plan approved by licensed
physician, dentist, or mental health practitioner that includes directions to
health care providers and other involved medical personnel.
11

ICE.2012FOIA3030001496

 Attachment 1
10. Detainees will have access to specified 24-hour emergency medical, dental,
and mental health services.
11. Minimum requirements for medical housing units will be met.
12. Female detainees will undergo pregnancy testing and pregnancy management
services.
13. Screening, prevention and control measures will be utilized to assist in
prevention and management of infectious and communicable diseases.
14. Biohazardous waste will be managed and medical and dental equipment
decontaminated in accordance with standard medical practices and in
compliance with applicable laws.
15. Detainees with chronic conditions will receive care and treatment for
conditions where non-treatment would result in negative outcomes or
permanent disability as determined by the clinical medical authority.
16. The facility administrator will develop a plan to ensure that ICE is notified in
writing of any detainee whose special medical or mental health needs require
special consideration in such matters as housing, transfer, or transportation.
17. Detainees will have access to emergency and specified routine dental care
provided under direction and supervision of a licensed dentist.
18. Detainees will be provided health education and wellness information.
19. Each newly admitted detainee, including transfers, will receive a documented
medical, dental, and mental health screening upon intake and, within 14 days
of arrival, a comprehensive health appraisal by qualified personnel in a private
setting as practicable to ensure safety.
20. Detainees with suspected or known mental health concerns will be referred as
needed for evaluation, diagnosis, treatment, and stabilization.
21. Mental health crisis intervention services will be identified and available for
detainees who experience acute mental health episodes.
22. Restraints for medical or mental health purposes will be authorized only by
the facility’s clinical medical authority, in accordance with the requirements
specified in this Detention Standard.
23. Prior to placement in a non-detention facility or special unit within the facility
specifically designated for the care of the severely mentally ill or
developmentally disabled, a detainee shall be afforded due process in
compliance with applicable laws.
24. Medical and dental orthoses or prostheses and other aids to impairment are
supplied in a timely manner when the health of the detainee would otherwise
be adversely affected, as determined by the responsible physician or dentist.
25. Detoxification from alcohol, opiates, hypnotics, other stimulants, and
sedatives is done only under medical supervision in accordance with
applicable laws.
26. Pharmaceuticals and non-prescription medicines will be secured, stored and
inventoried.

12

ICE.2012FOIA3030001497

 Attachment 1
27. Prescriptions and medications will be ordered, dispensed, and administered in
a timely and sufficient manner as prescribed by a health care professional.
28. Health care services will be administered by the health administrative
authority, and clinical decisions will be the sole province of the clinical
medical authority.
29. Health care services will be provided by a sufficient number of appropriately
trained and qualified personnel, whose duties are governed by thorough and
detailed job descriptions and who are verifiable licensed, certified,
credentialed, and/or registered in compliance with applicable state and federal
requirements.
30. Detention and health care personnel will be trained, initially and annually, to
respond to health-related emergency situations within four minutes and in the
proper use of emergency medical equipment
31. Information about each detainee’s health status will be treated as confidential,
and health records will be maintained in accordance with accepted standards
separately from other detainee detention files and be accessible only in
accordance with written procedures and applicable laws. Health record files
on each detainee will be well organized, available to all practitioners, and
properly maintained and safeguarded.
32. Informed consent standards will be observed and adequately documented.
Staff will make reasonable efforts to ensure that detainees understand their
medical condition and care.
33. Medical and mental health interviews, screenings, appraisals, examinations,
and procedures will be conducted in settings that respect detainees’ privacy in
accordance with safe and orderly operations of the facility.
34. Detainees will be provided same sex chaperones as appropriate or as
requested.
35. When a detainee is transferred to another facility, the transferring facility will
send a completed medical transfer summary and other medical documentation
as appropriate to the receiving facility.
36. Detainees in Special Management Units will have access to the same health
care services as detainees in the general population.
37. Non-English speaking detainees and/or detainees who are deaf and/or hard at
hearing will be provided interpretation/translation services or other assistance
as needed for medical care activities.
38. Detainees with special needs, including physical or developmental disabilities,
will be evaluated and given the appropriate care and communication their
situation requires.
23 Personal Hygiene
1. Each facility will maintain an inventory of clothing, bedding, linens, towels
and personal hygiene items that is sufficient to meet the needs of detainees.
2. Each detainee will have suitable, clean bedding, linens, blankets, and towels.

13

ICE.2012FOIA3030001498

 Attachment 1
3. Each detainee will have sufficient clean clothing that is properly fitted,
climatically suitable, durable, and presentable.
4. Detainees will be held accountable for clothing, bedding, linens, and towels
assigned to them.
5. Detainees, including those with disabilities, will be able to maintain
acceptable personal hygiene practices.
24 Suicide Prevention and Intervention
1. All staff responsible for supervising detainees will be trained, initially during
orientation and at least annually, on effective methods of suicide prevention
and intervention with detainees.
2. Staff will act to prevent suicides with appropriate sensitivity, supervision, and
medical referrals.
3. Any clinically suicidal detainee will receive preventive supervision, treatment,
and therapeutic follow-up, in accordance with ICE policy.
4. The information in this standard will be communicated in a language or
manner which the detainee can understand.
25 Terminal Illness, Advance Directives, and Death
1. The continuum of health care services provided detainees will address
terminal illness, fatal injury, and advance directives.
2. Each detainee who has a terminal illness or potentially fatal injury will receive
medical care consistent with standard medical practices.
3. In the event of a detainee’s death, specified officials and the detainee’s
designated next of kin will be immediately notified.
4. In the event of a detainee’s death, required notifications will be made to
authorities outside of ICE/ERO (such as the local coroner or medical
examiner), and required procedures will be followed regarding such matters as
autopsies, death certificates, burials, and the disposition of decedent’s
property. Established guidelines and applicable laws will be observed in
regard to notification of a detainee death while in custody.
5. The medical records of detainees addressed herein will be complete.
6. The information in this standard will be communicated in a language or
manner which the detainee can understand.
PART 5

ACTIVITIES

26 Correspondence and Other Mail
1. Detainees will be able to correspond with their families, the community, legal
representatives, government offices, and consular officials.
2. Detainees will be notified of the facility’s rules on correspondence and other
mail through the Detainee Handbook, or supplement, which is provided to
each detainee upon admittance.

14

ICE.2012FOIA3030001499

 Attachment 1
3. The amount and content of correspondence detainees send at their own
expense will not be limited except to protect public safety or facility security
and order.
4. Indigent detainees will receive a specified postage allowance to maintain
community ties and necessary postage for privileged correspondence.
5. Detainees will have access to general interest publications.
6. Incoming and outgoing mail, with the exception of Special Correspondence
and Legal Mail, will be opened to inspect for contraband and to intercept cash,
checks, and money orders.
7. General correspondence will be read or rejected only to protect the safe,
secure and orderly operation of the facility, and detainees will be notified in
writing when correspondence is withheld in part or in full.
8. Detainees will be permitted to send Special Correspondence and Legal Mail to
a specified class of persons and organizations, and incoming mail from these
persons will opened only in the presence of the detainees (unless waived) to
check for contraband (except when contamination is suspected).
9. Incoming and outgoing letters will be held for no more than 24 hours and
packages no more than 48 hours before distribution, excluding weekends,
holidays, or exceptional circumstances.
10. Detainees in SMUs will have the same correspondence privileges as detainees
in the general population.
11. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
27 Escorted Trips for Non-Medical Emergencies
1. Within the constraints of safety and security, selected detainees will be able to
visit critically ill members of the immediate family or to attend their funerals,
while under constant staff supervision.
2. Safety and security will be primary considerations in planning, approving, and
escorting a detainee out of a facility for a non-medical emergency.
28 Marriage Requests
1. Each marriage request from an ICE/ERO detainee will receive a case-by-case
review.
2. Consistency in decisions to approve or deny a marriage request will be
achieved by the application of guidelines.
3. Ordinarily, a detainee’s request for permission to marry will be granted.
29 Recreation
1. Detainees will have daily opportunities to participate in leisure-time activities
outside their respective cells or rooms.
2. Detainees will have access to exercise opportunities and equipment, including
at least one hour daily of physical exercise outside the cell, and outdoors,
when practicable.
3. Any detainee housed in a facility that cannot meet minimum standards for
indoor and outdoor recreation will be considered for voluntary transfer to a
15

ICE.2012FOIA3030001500

 Attachment 1
facility that does.
4. Each detainee in an SMU will receive (or be offered) a minimum of one hour
of exercise per day, five days a week, unless documented security or safety
considerations dictate otherwise.
5. Each citizen volunteer who provides or participates in facility recreational
programs will complete an appropriate, documented orientation program and
sign an acknowledgement of his or her understanding of the applicable rules
and procedures and agreement to comply with them.
30 Religious Practices
1. Detainees will have opportunities to participate in practices of their religious
faith that are deemed essential by that faith, limited only by a documented
showing of threat to the safety of persons involved in such activity itself, or
disruption of order in the facility.
2. All religions represented in a detainee population will have equal status
without discrimination based on any detainee’s race, ethnicity, religion,
national origin, gender, sexual orientation, or disability.
3. Each facility’s religious program will be planned, administered, and
coordinated in an organized and orderly manner.
4. Adequate space, equipment and staff (including security and clerical) will be
provided for conducting and administering religious programs.
5. Detainees of faiths not directly represented by chaplaincy staff will be assisted
in contacting external clergy or religious service providers.
6. Each facility’s religious program will be augmented and enhanced by
community clergy, contractors, volunteers and groups that provide individual
and group assembly religious services and counseling.
7. Detainees in Special Management Units and hospital units will have access to
religious programs and services.
8. Special diets will be provided for detainees whose religious beliefs require the
adherence to religious dietary laws.
9. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner that the detainee can understand.
31 Telephone Access
1. Detainees will have reasonable and equitable access to reasonably priced
telephone services.
2. Detainees with hearing or speech disabilities will have reasonable
accommodations to allow for appropriate telephone services.
3. Detainees in Special Management Units will have access to telephones,
commensurate with facility security and good order.
4. Detainees will be able to make free calls to the ICE/ERO-provided list of free
legal service providers for the purpose of obtaining initial legal representation,
to consular officials and to the DHS Office of Inspector General.
5. Telephone access procedures will foster legal access.
6. Telephones will be maintained in proper working order.

16

ICE.2012FOIA3030001501

 Attachment 1
7. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
32 Visitation
1. Detainees will be able to receive visits from their families, associates, legal
representatives, consular officials, and others in the community.
2. Visits between legal representatives and assistants and an individual detainee
are confidential and shall not be subject to auditory supervision. Private
consultation rooms shall be available for such meetings.
3. Detainees will be advised of their right to contact their consular
representatives and receive visits from their consulate officers.
4. Detainees will be advised of visiting privileges and procedures as part of the
facility’s admission and orientation program in a language they can
understand.
5. Information about visiting policies and procedures will be readily available to
the public.
6. The number of visitors a detainee may receive and the length of visits will be
limited only by reasonable constraints of space, scheduling, staff availability,
safety, security, and good order. The minimum duration for a visit shall be 30
minutes.
7. Visitors will be required to adequately identify themselves and register to be
admitted into a facility, and safety, security and good order will be
maintained.
8. A background check will be conducted on all new volunteers prior to their
being approved to provide services to detainees.
9. Each new volunteer will complete an appropriate, documented orientation
program and sign an acknowledgement of his or her understanding of the
applicable rules and procedures and agreement to comply with them.
10. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
33 Voluntary Work Program
1. Detainees may have opportunities to work and earn money while confined,
subject to the number of work opportunities available and within the
constraints of safety, security, and good order.
2. Detainees will be able to volunteer for work assignments but otherwise not be
required to work, except to do personal housekeeping.
3. Essential operations and services will be enhanced through productivity from
detainees.
4. The negative impact of confinement will be reduced through less idleness,
improved morale and fewer disciplinary incidents.
5. Detainee working conditions will comply with all applicable federal, state,
and local work safety laws and regulations.

17

ICE.2012FOIA3030001502

 Attachment 1
6. There will be no discrimination regarding voluntary work program access
based on any detainee's race, religion, national origin, gender, sexual
orientation, or disability.
7. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
PART 6

JUSTICE

34 Detainee Handbook
1. Upon admission to a facility, each detainee will be provided the
comprehensive written orientation materials in the form of a detainee
handbook. The local facility shall provide a detainee handbook supplement,
which describes such matters as:
• grievance system,
• services and programs,
• medical care,
• law libraries and legal material,
• correspondence and other material,
• staff–detainee communication
• classification system, and
• disciplinary system,
2. Each detainee will verify, by signature and date, receipt of those orientation
materials, and that acknowledgement will be maintained in the detainee’s
detention file.
3. The ICE National Detainee Handbook will be provided in English, Spanish,
and other languages as determined necessary by the Field Office Director
(FOD). Orientation materials will be read to detainees who cannot read, or
they will be provided the material via audio or video recordings.
4. Interpretative services will be provided to detainees who do not speak the
languages in which the orientation materials are written.
5. The information in this standard will be communicated in a language or
manner which the detainee can understand.
35 Grievance System
1. Detainees will be informed about the facility’s informal and formal grievance
system in a language or manner he or she understands.
2. Staff and detainees will mutually resolve most complaints and grievances
orally and informally in their daily interaction.
3. Detainees will be able to file formal grievances, including medical grievances,
and receive written responses, including the basis for the decision, in a timely
manner.
4. Detainees will be able to file emergency grievances that involve an immediate
threat to their safety or welfare and receive written responses, including the
basis for the decision, in a timely manner.
5. Detainees will be able to appeal initial decisions on grievances to at least one
higher level of review.

18

ICE.2012FOIA3030001503

 Attachment 1
6. Accurate records will be maintained on grievances filed and their resolution.
7. No detainee will be harassed, disciplined, punished, or otherwise retaliated
against for filing a complaint or grievance.
8. The applicable contents and procedures in this standard will be communicated
in a language or manner which the detainee can understand.
36 Law Libraries and Legal Material
1. Detainees will have regular access (no less than five hours per week) to law
libraries, legal materials and related materials.
2. Detainees will not be forced to forgo recreation time to use the law library and
requests for additional time to use the law library shall be accommodated to
the extent possible, including accommodations of work schedules when
practicable, consistent with the orderly and secure operation of the facility.
3. Detainees will have access to courts and counsel.
4. Detainees will be able to have confidential contact with attorneys and their
authorized representatives in person, on the telephone and through
correspondence.
5. Detainees will have access to a properly equipped law library, legal materials
and equipment to facilitate the preparation of documents as well as
photocopying resources.
6. Detainees who are illiterate, non-English-speaking or indigent will receive
appropriate special assistance.
7. Detainees in special management units will have access to legal materials on
the same basis as the general population.
8. The applicable contents and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
37 Legal Rights Group Presentations
1. Detainees will have access to available group presentations on United States
immigration law and procedures.
2. Persons and organizations requesting to make such group presentations will be
able to obtain clear information about how to request such visits and how to
conduct them.
3. Facility security and good order will be maintained.
4. Detainees shall not be subject to reprisals, retaliation, or penalties for
attending legal rights group presentations.
5. Detainees will be able to communicate and correspond with representatives
from the legal groups who make presentations at the facilities.
6. Detainees will have access to information and materials provided by legal
groups. Organizations will be permitted to distribute information in response
to specific legal inquiries.
7. Foreign nationals will have access to the diplomatic representative of their
country of origin.

19

ICE.2012FOIA3030001504

 Attachment 1

PART 7

ADMINISTRATION & MANAGEMENT

38 Detention Files
1. A Detention File will be maintained on each detainee admitted to a detention
facility for more than 24 hours.
2. Each Detention File will include all documents, forms, and other information
specified herein.
3. The security of each Detention File and its contents will be maintained.
4. Staff will have access to Detention Files, as needed, for official purposes.
5. Information from a Detention File will be released to an outside third party
only with the detainee’s signed consent.
6. Release of information on detainees will be in accordance with applicable
federal and state regulations.
7. Electronic record-keeping systems and data will be protected from
unauthorized access.
8. Field Offices will maintain files necessary to carry out their responsibilities
and will maintain them for a minimum of 18 months for auditing purposes.
9. Inactive, closed Detention Files will be properly archived.
39 News Media Interviews and Tours
1. The public and the media will be informed of operations and events within the
facility’s areas of responsibility.
2. The privacy of detainees and staff will be protected, including the right of a
detainee to not be photographed or recorded.
40 Staff Training
1. Before assuming duties, each new employee, contractor, or volunteer will be
provided an appropriate orientation to the facility and the ICE/ERO National
Detention Standards.
2. All part-time staff and contract personnel shall receive formal orientation
training appropriate to their assignments. Any part-time, volunteer, or
contract personnel working more than twenty hours per week shall receive
training appropriate to their position and commensurate with their full-time
colleagues.
3. Training for staff, contractors, and volunteers will be provided by instructors
who are qualified to conduct such training.
4. Staff and contractors who have minimal detainee contact (such as clerical and
other support staff) will receive initial and annual training commensurate with
their responsibilities.
5. Professional, support, and health care staff and contractors who have regular
or daily contact with detainees, or who have significant responsibility
involving detainees, will receive initial and annual training commensurate
with their position.
6. Security staff and contractors will receive initial and annual training
commensurate with their position.

20

ICE.2012FOIA3030001505

 Attachment 1
7. Facility management and supervisory staff and contractors will receive initial
and annual training commensurate with their position.
8. Personnel and contractors assigned to any type of emergency response unit or
team will receive initial and annual training commensurate with these
responsibilities including annual refresher courses or emergency procedures
and protocols.
9. Personnel and contractors authorized to use firearms will receive appropriate
training before being assigned to a post involving their use and will
demonstrate competency in firearms use at least annually.
10. Personnel and contractors authorized to use chemical agents will receive
thorough training in their use and in the treatment of individuals exposed to a
chemical agent.
11. Security staff and contractors will be trained in self-defense and use-of-force
procedures to include confrontation avoidance and emergency protocols.
12. In addition to employment training requirements, employees and contractors
will be encouraged to continue their education and professional development
through such incentives as salary enhancement, reimbursement of costs, and
administrative leave.
13. Initial orientation, initial training, and annual training programs will include
information on drug-free workplace requirements and procedures.
14. Initial orientation, initial training, and annual training programs will include
information on the facility’s written code of ethics.
15. Initial orientation, initial training, and annual training programs will include
updates on new issues and procedures and include reviews of the Detainee
Handbook and detainee rights.
16. New staff, contractors, and volunteers will acknowledge in writing that they
have reviewed facility work rules, ethics, regulations, conditions of
employment, and related documents, and a copy of the signed
acknowledgement will be maintained in each person’s personnel file.
17. Training shall be conducted on the requirements of special-needs detainees.
41 Transfer of Detainees
1. Decisions to transfer detainees will be made by authorized officials on the
basis of complete and accurate case information.
2. The legal representative-of-record will be properly notified when a detainee is
transferred, in accordance with sound security practices.
3. The detainee will be properly notified, orally and in writing when he or she is
being transferred to another facility in accordance with sound security
practices.
4. Transportation and receiving facility staff will have accurate and complete
records on each transferred detainee.
5. Transfer of detainees will be accomplished safely and securely, particularly
those with special health care concerns including appropriate medical
information.

21

ICE.2012FOIA3030001506

 Attachment 1
6. Transferred detainees funds, valuables and other personal property will be
safeguarded.
7. The applicable content and procedures in this Standard will be communicated
to the detainee in a language or manner which the detainee can understand.
42 Definitions
A-FILE, ALIEN FILE - The legal file maintained by DHS for each detainee.
Contents include but are not limited to the detainee’s identification documents
(passport, driver's license, other identification cards, etc.), photographs,
immigration history, prior criminal record if any, and all documents and
transactions relating to the detainee's immigration case.
ACA – American Correctional Association.
ADMINISTRATIVE HEALTH AUTHORITY - The administrative authority
is responsible for all access to care, personnel, equipment, and fiscal resources to
support the delivery of health care services.
ADMINISTRATIVE SEGREGATION - A form of separation from the general
population used when the continued presence of the detainee in the general
population would pose a threat to life, property, self, other detainees or staff, or to
the security or orderly running of the facility. This housing status also includes
detainees who require protective custody, those who cannot be placed in the local
population because they are en route to another facility (holdovers), those who are
awaiting a hearing before a disciplinary panel and those requiring separation for
medical reasons.
ADMISSION/ADMISSIONS PROCESS - In-processing of newly arrived
detainees, which includes an orientation to the policies, programs, rules, and
procedures of the facility. Classification, assignment of living quarters, various
inspections, medical screening and safeguarding of funds, valuables and other
personal property is completed during this process.
AMBULATORY RESTRAINTS - "Soft" or "hard" equipment used to restrict a
detainee’s movement but leaving him or her able to eat, drink or attend to basic
bodily functions without staff intervention.
AMMUNITION CONTROL OFFICER (ACO) – An individual who has been
designated in writing as the officer responsible for the physical and administrative
control of ammunition in the authorizing official's area of accountability.
ATTORNEY - Any person who is a member in good standing of the bar of the
highest court of any state, possession, territory, commonwealth or the District of
Columbia, and is not under an order of any court suspending, enjoining,
restraining, disbarring or otherwise restricting him or her in the practice of law.
(See 8 CFR § 1.1(f)).

22

ICE.2012FOIA3030001507

 Attachment 1
BODY-CAVITY SEARCH - The visual inspection or physical probing of body
openings (anus, vagina, ears, nose, mouth, etc) where weapons, drugs, or other
contraband could be secreted. This is the most intrusive means of searching an
individual, reserved for instances where other search techniques have been
considered but rejected as ineffective under the particular circumstances of the
case. Body-cavity search procedures govern physical probes, but not visual
inspections.
For example, the procedures would not be appropriate for a visual inspection of
the inside of the mouth, nose, or ears, unless contraband is found during the
course of that inspection. Body-search procedures apply whenever contraband is
found, because retrieving/seizing the item will involve physical entry into or
probing within the cavity (in this example, the mouth, nose, or ear).
CAUSTIC - Capable of burning, corroding, eroding or destroying by chemical
action.
CENSUS CHECK- See INFORMAL COUNT
CHAIN OF COMMAND - Order of authority (rank): executive, senior
management, senior staff, etc. The position titles may vary according to the type
of facility (SPC, CDF, or IGSA) and local facility titles. The on-site order of
authority at a detention facility descends from the facility administrator to
assistant or associate facility administrators to department heads to shift
supervisors and other supervisors. Similarly, the ICE/ERO chain-of-command at
a detention facility descends from the Officer–In-Charge (OIC) to the Associate
OIC to the Chief Detention Enforcement Officer/Chief of Security, Detention
Operations Supervisor, etc.
CHEMICAL - A substance with a distinct molecular composition produced by or
used in a chemical process.
CHIEF OF SECURITY – A generic term for the department head in charge of a
detention facility’s security employees and operations. The position titles may
vary according to the type of facility (SPC, CDF, or IGSA) and local facility
titles. Ordinarily, a chief of security (Chief Detention Enforcement Agent,
captain, etc.) is organizationally directly under an assistant or associate facility
administrator.
CLASS R (RESTRICTED) TOOLS - Devices to which detainees are forbidden
access except in the presence and constant supervision of staff for reasons of
safety or security. Class R includes devices that can be used to manufacture or
serve as weapons capable of doing serious bodily harm or structural damage to
the facility. All portable power tools and accessories are in this category. Class R
also includes ladders and other such items that are not inherently dangerous but
could prove useful in unauthorized activities, such as escape attempts.

23

ICE.2012FOIA3030001508

 Attachment 1

CLASSIFICATION - A process used to make housing and program assignments
by assessing detainees on the basis of objective information about past behavior,
criminal records, special needs, etc.
CLINICAL DIRECTOR (CD) –An official with overall responsibility for the
delivery of health care services to ICE detainees.
CLINICAL MEDICAL AUTHORITY - The medical authority is responsible
for the delivery of all health care services to the detainee population. These
services include, but are not limited to, medical, nursing, dental, mental health
and nutritional services.
COMBUSTIBLE LIQUID—A substance with a flash point at or above 100°
Fahrenheit.
COMMISSARY—An area or system where detainees may purchase approved
items.
CONSULTATION VISITATION - A discussion, either in person or by
telephone, between a detainee subject to Expedited Removal and a person of the
detainee's choosing.
CONTACT VISIT—A meeting between detainee and another person authorized
to take place in an area free of obstacles or barriers that prevent physical contact.
CONTAINER—Any bag, barrel, bottle, box, can, cylinder, drum, reaction
vessel, storage tank, or other vessel holding a hazardous chemical; does not
include pipes or piping systems.
CONTRABAND—Any unauthorized item in the facility: illegal, prohibited by
facility rules, or otherwise posing a threat to the security or orderly operation of
the facility. This includes unauthorized funds.
CONTRACT DETENTION FACILITY (CDF) – A facility that provides
detention services under a competitively bid contract awarded by the ICE.
CONTROL OFFICER—An officer who directs security activities from the
Control Center.
COUNT SLIP - Documentation of the number of detainees confirmed present
during a population count in a specific area, signed by the officers involved in the
count.
CORRESPONDENCE—Letters, postcards and other forms of written material
not classified as packages or publications. Large envelopes containing papers

24

ICE.2012FOIA3030001509

 Attachment 1
qualify as correspondence, but boxes, sacks, and other shipping cartons do not.
Books, magazines, newspapers and other incoming printed matter are not
“correspondence.”
CRIMINAL ALIEN—A foreign national convicted of one or more crimes.
DETAINEE HANDBOOK—The policies and procedures governing detainee
life in the facility: daily operations, rules of conduct, sanctions for rule violations,
recreation and other programs, services, etc.; defined in writing and provided to
each detainee upon admission to the facility.
DETENTION FILE – Contents include receipts for funds, valuables, and other
personal property; documentation of disciplinary action; reports on detainee
behavior; detainee's written requests, complaints, and other communications;
official responses to detainee communications; records from Special Management
Unit, etc.
DIETICIAN - Individual registered or eligible for registration with the American
Dietetic Association or who has the documented equivalent in education, training,
or experience, with evidence of relevant continuing education.
DISCIPLINARY HEARING—Non-judicial administrative procedure to
determine whether substantial evidence supports finding a detainee guilty of a
rule violation.
DISCIPLINARY COMMITTEE - One or more impartial staff members who
conduct and/or oversee a disciplinary hearing. A lower-level committee (Unit
Disciplinary Committee) investigates a formal Incident Report and may impose
minor sanctions or refer the matter to a higher-level disciplinary committee. A
higher-level committee (Institution Disciplinary Panel) conducts formal hearings
on Incident Reports referred from the lower level committee and may impose
higher level sanctions for higher level prohibited acts. Also see “INSTITUTION
DISCIPLINARY PANEL.”
DISCIPLINARY SEGREGATION—Confinement in a cell removed from the
general population after a serious violation of facility rules in accordance with
written procedures.
DIHS – Division of Immigration Health Services
DRY CELL – A cell or room without running water where a detainee can be
closely observed by staff until the detainee has voided or passed contraband or
until sufficient time has elapsed to preclude the possibility that the detainee is
concealing contraband. Dry cells may be used when there is reasonable suspicion
that a detainee has ingested contraband or concealed contraband in a body cavity.

25

ICE.2012FOIA3030001510

 Attachment 1
EMERGENCY CHANGES - Measures immediately necessary to maintain
security or to protect the health and safety of staff and detainees.
EXPOSURE/EXPOSED—Subjected or potentially subjected to a hazardous
substance by any means (inhalation, ingestion, skin contact, absorption, etc.).
FACE-TO-PHOTO COUNT—A process that verifies identity of each detainee
by comparing every person present with the photographic likeness on his/her
housing card.
FACILITY ADMINISTRATOR – A generic term for the chief executive officer
of a detention facility. The formal title may vary (warden, officer in charge,
sheriff, jail administrator, etc.).
FIELD OFFICE DIRECTOR (FOD) - Individual with chief responsibility for
facilities in his assigned geographic area.
FIREARMS CONTROL OFFICER (FCO) - Individual designated responsible
for the physical and administrative control of all firearms under the jurisdiction of
the authorizing official.
FLAMMABILITY HAZARD—Has a flash point below 200 degrees Fahrenheit,
closed cup, or is subject to spontaneous heating.
FLAMMABLE LIQUID—A substance with a flash point below 100 degrees
Fahrenheit (37.8 Centigrade).
FLASH POINT—The minimum temperature at which the vapor of a
combustible liquid can form an ignitable mixture with air.
FOOD SERVICE ADMINISTRATOR (FSA)—The official responsible for
planning, controlling, directing, and evaluating Food Service Department
operations.
FORMAL COUNT—Detainee population assembled at specific times for
attendance check, conducted in accordance with written procedures.
FOUR/FIVE-POINT RESTRAINT—A restraint system that confines an
individual to a bed or bunk in either a supine or prone position. Ordered by the
facility administrator when a detainee’s unacceptable behavior appears likely to
continue risking injury to self or others.
FULL-TIME WORK ASSIGNMENT—Employed from beginning to end of a
shift.
FUNDS—Cash, checks, money orders, and other negotiable instruments.

26

ICE.2012FOIA3030001511

 Attachment 1

GENERAL CORRESPONDENCE—All correspondence other than "Special
Correspondence."
GENERAL POPULATION – Detainees whose housing and activities are not
specially restricted. The term is ordinarily used to differentiate detainees in the
“general population” from those in Special Housing Units.
GRIEVANCE—A complaint based on a circumstance or incident perceived as
unjust.
HARD CONTRABAND—Any item that poses a serious threat to the life, safety
or security of the facility detainees or staff.
HEALTH AUTHORITY—The Health Administrator or Agency responsible for
the provision of health care services at a facility or system of facilities. The
responsible physician may be the Health Authority. Health Authority may also be
referred to as the Medical Department.
HEALTH CARE PRACTITIONER - Defined as an individual who is licensed,
certified, or credentialed by a state, territory, or other appropriate body to provide
health care services within the scope and skills of the respective health care
profession.
HEALTH HAZARD—Includes carcinogens, toxic agents, reproductive toxins,
irritants, corrosives, senitizers, hepatotoxins, nephrotoxins, neurotoxins, and other
agents that act on the hemopoietic system or damage the lungs, skin, eyes, or
mucous membranes.
HEALTH SCREENING-A system for preliminary assessment of the physical
and mental condition of individual detainees upon arrival at the facility;
conducted by health care personnel or by a health trained officer. The
combination of structured inquiry and observation is designed to prevent new
arrivals, who appear to pose a health or safety threat to themselves or others, from
moving into the general population.
HEALTH SERVICES ADMINISTRATOR (HSA)-Executive responsible for
the facility's health care program; may also serve as Clinical Director.
HOLD ROOM-A secure area used for temporary confinement of detainees
before in-processing, institutional appointments (court, medical), release, transfer
to another facility, or deportation-related transportation.
HOLY DAY-A day specified for religious observance.

27

ICE.2012FOIA3030001512

 Attachment 1
HUNGER STRIKE - A voluntary fast undertaken as a means of protest or
manipulation. Whether or not a detainee actually declares that he or she is on a
hunger strike, staff are required to refer any detainee who is observed to not have
eaten for 72 hours for medical evaluation and monitoring.
ILLEGAL CONTRABAND—Any item prohibited by law, the possession of
which constitutes grounds for felony or misdemeanor charges.
INDIGENT - Without funds, or with only nominal funds. Ordinarily, a detainee
is considered "indigent" if he or she has less than $15.00 in his or her account.
INDOOR RECREATION AREA-A covered and enclosed exercise space 1,000
square feet or larger, encompassing 15 square feet per detainee for the planned
capacity (number using the space at one time).
INFORMAL COUNT-Population count conducted according to no fixed
schedule, when detainees are working, engaged in other programs, or involved in
recreational activities. Unless a detainee is missing, these counts are not reported;
also called "census check" or "irregular count."
INFORMAL RESOLUTION - Brings closure to a complaint or issue of concern
to a detainee, satisfactory to the detainee and staff member involved; does not
require filing of a written grievance.
INFORMED CONSENT - A patient’s knowing choice about a medical
treatment or procedure, made after a physician or other healthcare provider
discloses whatever information a reasonably prudent provider in the medical
community would give to a patient regarding the diagnosis, risks and benefits
involved in the proposed treatment or procedure, and prognosis.
IN-PROCESSING – Administrative processing of a detainee arriving at a
detention facility (See “Admissions”).
INSTITUTION DISCIPLINARY PANEL (IDP)-Review board responsible for
conducting disciplinary hearings and imposing sanctions for cases of detainee
misconduct referred for disposition following the hearing. The IDP usually
comprises a Hearing Officer and representatives of different departments in the
facility.
INTERGOVERNMENTAL SERVICE AGREEMENT (IGSA)-A cooperative
agreement between ICE and any State, territory or political subdivision for the
construction, renovation or acquisition of equipment, supplies or materials
required to establish acceptable conditions of confinement and detention services.
ICE may enter into an IGSA with any such unit of government guaranteeing to
provide bed space for ICE detainees, and to provide the clothing, medical care,

28

ICE.2012FOIA3030001513

 Attachment 1
food and drink, security and other services specified in the ICE/ERO Detention
Standards; facilities providing such services are referred to as "IGSA facilities."
INVESTIGATING OFFICER - An individual of supervisory or higher rank
who conducts an investigation of alleged misconduct and was not involved in the
incident; usually a Supervisory Detention Enforcement Officer or shift supervisor.
IRREGULAR COUNT-See INFORMAL COUNT.
LEGAL ASSISTANT - An individual (other than an interpreter) who, working
under the direction and supervision of an attorney or other legal representative,
assists with group presentations and in representing individual detainees. Legal
assistants may interview detainees, assist detainees in completing forms and
deliver papers to detainees without the supervisory attorney being present.
LEGAL CORRESPONDENCE – See “SPECIAL CORRESPONDENCE”
LEGAL FILE- See A-FILE.
LEGAL REPRESENTATIVE – An attorney or other person representing
another in a matter of law, including law students, law graduates not yet admitted
to the bar; “reputable individuals”; accredited representatives; accredited officials
and attorneys outside the United States (see 8 CFR § 292.1, "Representation and
Appearances").
LEGAL RIGHTS GROUP PRESENTATION - Informational session held in a
detention facility by an attorney or other legal representative to inform detainees
about U.S. immigration law and procedures; not a forum for providing
confidential or case-specific legal advice.
LIFE-SUSTAINING PROCEDURE (LIFE SUPPORT) – A medical
intervention or procedure that uses artificial means to sustain a vital function.
MAIL INSPECTION-Examination of incoming and outgoing letters, packages,
etc., for contraband, including cash, checks and money orders.
MASTER COUNT-Total number of detainees housed at a facility.
MATERIAL SAFETY DATA SHEET (MSDS)-Basic information about a
hazardous chemical, prepared and issued by the manufacturer, in accordance with
Occupational Safety and Health Administration regulations (see 29 CFR
1910.1200; see also OSHA Form 174); among other things, specifies precautions
for normal use, handling, storage, disposal, and spill cleanup.

29

ICE.2012FOIA3030001514

 Attachment 1
MEDICAL PERSONNEL -Those individuals authorized by a "scope of
practice" or "scope of privileges" to perform health care delivery consistent with
their licensure, certification or training.
MENTAL HEALTH PROVIDER - psychiatrist, clinical or counseling
psychologist, physician, licensed clinical social worker or any other mental health
professional licensed to practice and provide mental health services at the
independent level.
MESSENGER-A person (neither a legal representative nor a legal assistant)
whose purpose is to deliver or convey documents, forms, etc., to and from the
detainee; not afforded the visitation privileges of legal representatives and legal
assistants.
MINOR-A juvenile; a person under the age of 18.
NATIONAL COMMISSION ON CORRECTIONAL HEALTH CAREEstablishes the standards for health service in correctional facilities on which
accreditation is based.
NATIONAL FIRE PROTECTION ASSOCIATION-Principal source of fire
protection standards and codes.
NCCHC – National Commission on Correctional Healthcare.
NON-CONTACT VISIT-Visitation with a barrier preventing physical contact
between the detainee and his or her visitors.
NON-MEDICAL EMERGENCY ESCORTED TRIP-Authorized detainee
visit to a critically ill member of his/her immediate family, or to attend the funeral
of a member of his/her immediate family. "Immediate family" member refers to a
parent (including stepparent and foster parent), child, spouse, sister, or brother of
the detainee.
NON-MERIT FACTOR - Any characteristic or factor immaterial to a detainee’s
mental or physical ability to perform a given assignment.
NON-SECURITY KEY – A key which if duplicated by unauthorized persons
and/or lost, would not constitute an emergency requiring urgent action; not critical
to facility safety and security.
OUT COUNTS-Detainees temporarily away from the facility, but included in the
master count.

30

ICE.2012FOIA3030001515

 Attachment 1
OUTDOOR RECREATION AREA-Open-air space for exercise or other leisure
activities, large enough to allow 15 square feet per detainee for the largest group
expected to use the area at any one time; but not less than 1,500 square feet.
PAT-DOWN SEARCH-Relies on the sensitivity of the officer's hands as they
tap or run over the detainee's clothed body; may require the detainee to reveal
pocket contents. The least intrusive body search.
PHYSICAL EXAMINATION—A thorough evaluation of an individual’s
physical condition and medical history conducted by or under the supervision of a
trained medical professional.
PLAN OF ACTION-Describes steps the facility will take to convert a condition
that has caused a determination of noncompliance with a standard.
POSSESSION - Control over an item on one's person, or in one's assigned or
personal space.
POST ORDERS—Written orders that specify the duties of each position, hourby-hour, and the procedures the post officer will follow in carrying out those
duties.
PROGRESSIVE RESTRAINTS-Control the detainee in the least restrictive
manner required, until and unless the detainee's behavior warrants stronger and
more secure means of inhibiting movement.
PROTECTIVE CUSTODY (PC)—Administrative segregation for the detainee's
own safety.
REASONABLE SUSPICION—Not intuition, but articulable facts that lead staff
to suspect a particular person is concealing a weapon, contraband, or evidence of
a crime.
RELIGIOUS PRACTICES-Worship, observances, services, meetings,
ceremonies, etc., associated with a particular faith; access to religious
publications, religious symbolic items, religious counseling and religious study
classes; and adherence to dietary rules and restrictions.
REPRESENTATIVE OF THE NEWS MEDIA-Persons whose principle
employment is to gather, document or report news for:
 A newspaper that circulates among the general public and publishes news of a
general interest such as political, religious, commercial, or social affairs. A key
criterion is whether the paper qualifies to publish legal notices in the community
in which it is located.
 A news magazine with a national circulation sold to the general public by
newsstands and mail subscription.

31

ICE.2012FOIA3030001516

 Attachment 1
 A national or international news service.
 A radio or television news program of a station licensed by the Federal
Communications Commission.
SALLY PORT-An enclosure situated in the perimeter wall or fence surrounding
the facility, containing double gates or doors, of which one cannot open until the
other has closed, to prevent a breach in the perimeter security; handles pedestrian
and/or vehicular traffic.
SANITATION-The creation and maintenance of hygienic conditions; in the
context of food, involves handling, preparing, and storing items in a clean
environment, eliminating sources of contamination.
SATELLITE FEEDING-Food served and consumed in a location other than
where prepared.
SECURITY KEY— A key which if duplicated by unauthorized persons and/or
lost, would jeopardize life, safety, property or security; or would facilitate escape.
SEGREGATION—Confinement in an individual cell isolated from the general
population; for administrative, disciplinary, or protective reasons.
SERVICE PROCESSING CENTER (SPC) - A detention facility the primary
operator and controlling party of which is ICE.
SEXUAL ACT -- Contact between the penis and the vulva or the penis and the
anus, where contact involving the penis occurs upon penetration, however slight;
contact between the mouth and the penis, the mouth and the vulva, or the mouth
and the anus; or the penetration, however slight, of the anal or genital opening of
another by a hand or finger or by any object, with an intent to abuse, humiliate,
harass, degrade, arouse or gratify the sexual desire of any person.
SHIFT – The time period of an employee work shift or watch -- for example, the
morning shift, day shift, or evening shift.
SHIFT SUPERVISOR -- A generic term for the detention security supervisor in
charge of operations during a shift. The position titles may vary according to the
type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a shift
supervisor (Detention Operations Supervisor, lieutenant, etc.) is, organizationally,
directly under the chief of security (Chief Detention Enforcement Agent, captain,
etc.).
SOFT CONTRABAND-Any unauthorized item that does not constitute hard
contraband, i.e., does not pose a serious threat to human safety or facility security;
includes that quantity of an item possessed in an amount exceeding the
established limit.

32

ICE.2012FOIA3030001517

 Attachment 1

SPECIAL CORRESPONDENCE - “Special Correspondence” is the term for
detainees’ written communications to or from private attorneys and other legal
representatives; government attorneys; judges, courts; embassies and consulates;
the president and vice president of the United States, members of Congress, the
Department of Justice (including the DOJ Office of the Inspector General), the
Department of Homeland Security Office for Civil Rights and Civil Liberties, the
Department of Homeland Security (including U.S. Immigration and Customs
Enforcement, the Office of Detention and Removal Operations, and the DHS
Office of the Inspector General); the U.S. Public Health Service (including the
Division of Immigration Health Services); administrators of grievance systems;
and representatives of the news media.
SPECIAL MANAGEMENT UNIT (SMU) - A housing unit for detainees in
administrative or disciplinary segregation.
SPECIAL-NEED DETAINEE - A detainee whose mental and/or physical
condition requires special handling and treatment by staff. Special needs detainees
include but are not limited to those who are emotionally disturbed, mentally
challenged or mentally ill, physically disabled, infirm and drug or alcohol
addicts/abusers.
TERMINALLY ILL/INJURED - In critical condition, beyond medical
intervention, with death imminent or expected during the course of detention or
hospitalization according to the attending physician.
TJC - The Joint Commission [formerly the Joint Commission on Accreditation
of Healthcare Organizations (JCAHO)], an independent, not-for-profit
organization that evaluates and accredits more than 15,000 health care
organizations and programs in the United States. TJC is the Nation’s
predominant standards-setting and accrediting body in health care.
TOXIC - Poisonous; capable of causing injury or death.
TRAINING - An organized, planned, and evaluated activity designed to achieve
specific learning objectives and enhance personnel performance. Training may
occur on site, at an academy or training center, an institution of higher learning,
professional meetings, or through contract service or closely supervised on-thejob training. Training programs usually include requirements for completion,
attendance records, and certification of completion. Meetings of professional
associations are considered training where there is clear evidence of the direct
bearing on job performance. In all cases, the activity must be part of an overall
training program.

33

ICE.2012FOIA3030001518

 Attachment 1
UNENCUMBERED SPACE - Open, usable space measuring at least seven feet
in at least one dimension, free of plumbing fixtures, desk, locker, bed, and other
furniture and fixtures (measured in operational position).
UNAUTHORIZED FUNDS - Negotiable instruments (checks, money orders,
etc.) or cash in a detainee's possession exceeding the facility-established limit.
UNAUTHORIZED PROPERTY- Not inherently illegal, but against the
facility's written rules.
UNIT DISCIPLINARY COMMITTEE - See DISCIPLINARY
COMMITTEE.
VOLUNTEER GROUP - Individuals who collectively donate time and effort to
enhance the activities and programs offered to detainees; selected on basis of
personal qualities and skills (recreation, counseling, education, religion, etc.).
WORK ASSIGNMENT - Carpentry, plumbing, food service and other
operational activities included in the facility's Voluntary Work Program, for
which a detainee may volunteer.

34

ICE.2012FOIA3030001519

 Attachment 2
TITLE 29--LABOR
PART 4_LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents
Subpart A Service Contract Labor Standards Provisions and Procedures
Sec. 4.6 Labor standards clauses for Federal service contracts exceeding
$2,500.
The clauses set forth in the following paragraphs shall be included in full
by the contracting agency in every contract/Inter-Governmental Service
Agreement (IGSA) entered into by the United States or the District of
Columbia, in excess of $2,500, or in an indefinite amount, the principal
purpose of which is to furnish services through the use of service employees:
(a) Service Contract Act of 1965, as amended: This contract/IGSA is subject
to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is
subject to the following provisions and to all other applicable provisions of
the Act and regulations of the Secretary of Labor issued there under (29 CFR
part 4).
(b)(1) Each service employee employed in the performance of this
Contract/IGSA by the contractor or any subcontractor shall be paid not less
than the minimum monetary wages and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the Secretary of
Labor or authorized representative, as specified in any wage determination
attached to this contract.
(2)(i) If there is such a wage determination attached to this Contract/IGSA,
the contracting officer shall require that any class of service employee
which is not listed therein and which is to be employed under the
Contract/IGSA (i.e., the work to be performed is not performed by any
classification listed in the wage determination), be classified by the
contractor so as to provide a reasonable relationship (i.e., appropriate
level of skill comparison) between such unlisted classifications and the
classifications listed in the wage determination. Such conformed class of
employees shall be paid the monetary wages and furnished the fringe benefits
as are determined pursuant to the procedures in this section.
(ii)Such conforming procedure shall be initiated by the contractor prior to
the performance of contract/IGSA work by such unlisted class of employee. A
written report of the proposed conforming action, including information
regarding the agreement or disagreement of the authorized representative of
the employees involved or, where there is no authorized representative, the
employees themselves, shall be submitted by the contractor to the contracting
officer no later than 30 days after such unlisted class of employees performs
any Contract/IGSA work. The contracting officer shall review the proposed
action and promptly submit a report of the action, together with the agency's
recommendation and all pertinent information including the position of the
contractor and the employees, to the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, for review. The Wage and
Hour Division will approve, modify, or disapprove the action or render a
final determination in the event of disagreement within 30 days of receipt or
will notify the contracting officer within 30 days of receipt that additional
time is necessary.

Page 1 of 8

ICE.2012FOIA3030001520

 Attachment 2
(iii) The final determination of the conformance action by the Wage and Hour
Division shall be transmitted to the contracting officer who shall promptly
notify the contractor of the action taken. Each affected employee shall be
furnished by the contractor with a written copy of such determination or it
shall be posted as a part of the wage determination.
(iv)(A) The process of establishing wage and fringe benefit rates that bears
a reasonable relationship to those listed in a wage determination cannot be
[[Page 41]] reduced to any single formula. The approach used may vary from
wage determination to wage determination depending on the circumstances.
Standard wage and salary administration practices, which rank various job
classifications by pay grade pursuant to point schemes or other job factors
may, for example, be relied upon. Guidance may also be obtained from the way
different jobs are rated under Federal pay systems (Federal Wage Board Pay
System and the General Schedule) or from other wage determinations issued in
the same locality. Basic to the establishment of any conformable wage rate(s)
is the concept that a pay relationship should be maintained between job
classifications based on the skill required and the duties performed.
(B) In the case of a Contract/IGSA modification, an exercise of an option or
extension of an existing contract, or in any other case where a contractor
succeeds a Contract/IGSA under which the classification in question was
previously conformed pursuant to this section, a new conformed wage rate and
fringe benefits may be assigned to such conformed classification by indexing
(i.e., adjusting) the previous conformed rate and fringe benefits by an
amount equal to the average (mean) percentage increase (or decrease, where
appropriate) between the wages and fringe benefits specified for all
classifications to be used on the Contract/IGSA which are listed in the
current wage determination, and those specified for the corresponding
classifications in the previously applicable wage determination. Where
conforming actions are accomplished in accordance with this paragraph prior
to the performance of Contract/IGSA work by the unlisted class of employees,
the contractor shall advise the contracting officer of the action taken but
the other procedures in paragraph (b) (2) (ii) of this section need not be
followed.
(C) No employee engaged in performing work on this Contract/IGSA shall in any
event be paid less than the currently applicable minimum wage specified under
section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. (v) The
wage rate and fringe benefits finally determined pursuant to paragraphs
(b)(2)(i) and (ii) of this section shall be paid to all employees performing
in the classification from the first day on which Contract/IGSA work is
performed by them in the classification. Failure to pay such unlisted
employees the compensation agreed upon by the interested parties and/or
finally determined by the Wage and Hour Division retroactive to the date such
class of employees commenced Contract/IGSA work shall be a violation of the
Act and this contract.(vi) Upon discovery of failure to comply with
paragraphs (b)(2)(i) through (v) of this section, the Wage and Hour Division
shall make a final determination of conformed classification, wage rate,
and/or fringe benefits which shall be retroactive to the date such class of
employees commenced Contract/IGSA work.
(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of
1965 as amended, the term of this Contract/IGSA is more than 1 year, the
minimum monetary wages and fringe benefits required to be paid or furnished
there under to service employees shall be subject to adjustment after 1 year
and not less often than once every 2 years, pursuant to wage determinations

Page 2 of 8

ICE.2012FOIA3030001521

 Attachment 2
to be issued by the Wage and Hour Division, Employment Standards
Administration of the Department of Labor as provided in such Act.
(c) The contractor or subcontractor may discharge the obligation to furnish
fringe benefits specified in the attachment or determined conformably thereto
by furnishing any equivalent combinations of bona fide fringe benefits, or by
making equivalent or differential payments in cash in accordance with the
applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise.
(d)(1) In the absence of a minimum wage attachment for this contract, neither
the contractor nor any subcontractor under this Contract/IGSA shall pay any
person performing work under the Contract/IGSA (regardless of whether they
are service employees) less than the minimum wage specified by section
6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision
shall relieve the contractor or any subcontractor of any other obligation
under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to
any employee.
(2) If this Contract/IGSA succeeds a contract, subject to the Service
Contract Act of 1965 as amended, under which substantially the same services
were furnished in the same locality and service employees were paid wages and
fringe benefits provided for in a collective bargaining agreement, in the
absence of the minimum wage attachment for this
Contract/IGSA setting forth such collectively bargained wage rates and fringe
benefits, neither the contractor nor any subcontractor under this
Contract/IGSA shall pay any service employee performing any of the
Contract/IGSA work (regardless of whether or not such employee was employed
under the predecessor contract), less than the wages and fringe benefits
provided for in such collective bargaining agreements, to which such employee
would have been entitled if employed under the predecessor contract,
including accrued wages and fringe benefits and any prospective increases in
wages and fringe benefits provided for under such agreement. No contractor or
subcontractor under this Contract/IGSA may be relieved of the foregoing
obligation unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or
unless the Secretary of Labor or his authorized representative finds, after a
hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or
fringe benefits provided for in such agreement are substantially at variance
with those which prevail for services of a character similar in the locality,
or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the
collective bargaining agreement applicable to service employees employed
under the predecessor Contract/IGSA was not entered into as a result of
arm's-length negotiations. Where it is found in accordance with the review
procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or
all of the wages and/or fringe benefits contained in a predecessor
contractor's collective bargaining agreement are substantially at variance
with those which prevail for services of a character similar in the locality,
and/or that the collective bargaining agreement applicable to service
employees employed under the predecessor Contract/IGSA was not entered into
as a result of arm's-length negotiations, the Department will issue a new or
revised wage determination setting forth the applicable wage rates and fringe
benefits. Such determination shall be made part of the Contract/IGSA or
subcontract, in accordance with the decision of the Administrator, the
Administrative Law Judge, or the Administrative Review Board, as the case may
be, irrespective of whether such issuance occurs prior to or after the award
of a Contract/IGSA or subcontract. 53 Comp. Gen. 401 (1973). In the case of a
wage determination issued solely as a result of a finding of substantial

Page 3 of 8

ICE.2012FOIA3030001522

 Attachment 2
variance, such determination shall be effective as of the date of the final
administrative decision.
(e) The contractor and any subcontractor under this Contract/IGSA shall
notify each service employee commencing work on this Contract/IGSA of the
minimum monetary wage and any fringe benefits required to be paid pursuant to
this contract, or shall post the wage determination attached to this
contract. The poster provided by the Department of Labor (Publication WH
1313) shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requirement is a violation of section 2(a) (4) of
the Act and of this contract.
(f) The contractor or subcontractor shall not permit any part of the services
called for by this Contract/IGSA to be performed in buildings or surroundings
or under working conditions provided by or under the control or supervision
of the contractor or subcontractor which are unsanitary or hazardous or
dangerous to the health or safety of service employees engaged to furnish
these services, and the contractor or subcontractor shall comply with the
safety and health standards applied under 29 CFR part 1925.
(g)(1) The contractor and each subcontractor performing work subject to the
Act shall make and maintain for 3 years from the completion of the work
records containing the information specified in paragraphs (g)(1) (i) through
(vi) of this section for each employee subject to the Act and shall make them
available for inspection [[Page 43]] and transcription by authorized
representatives of the Wage and Hour Division, Employment Standards
Administration of the U.S. Department of Labor:
(i) Name and address and social security number of each employee.
(ii)The correct work classification or classifications, rate or rates of
monetary wages paid and fringe benefits provided, rate or rates of fringe
benefit payments in lieu thereof, and total daily and weekly compensation of
each employee.
(iii) The number of daily and weekly hours so worked by each employee.
(iv) Any deductions, rebates, or refunds from the total daily or weekly
compensation of each employee.
(v) A list of monetary wages and fringe benefits for those classes of service
employees not included in the wage
determination attached to this Contract/IGSA but for which such wage rates or
fringe benefits have been determined by the interested parties or by the
Administrator or authorized representative pursuant to the labor standards
clause in paragraph (b) of this section. A copy of the report required by the
clause in Paragraph (b) (2) (ii) of this section shall be deemed to be such a
list.
(vi) Any list of the predecessor contractor's employees which had been
furnished to the contractor pursuant to Sec. 4.6(l)(2).
(2) The contractor shall also make available a copy of this Contract/IGSA for
inspection or transcription by authorized representatives of the Wage and
Hour Division.

Page 4 of 8

ICE.2012FOIA3030001523

 Attachment 2
(3) Failure to make and maintain or to make available such records for
inspection and transcription shall be a violation of the regulations and this
contract, and in the case of failure to produce such records, the contracting
officer, upon direction of the Department of Labor and notification of the
contractor, shall take action to cause suspension of any further payment or
advance of funds until such violation ceases.
(4) The contractor shall permit authorized representatives of the Wage and
Hour Division to conduct interviews with employees at the worksite during
normal working hours.
(h) The contractor shall unconditionally pay to each employee subject to the
Act all wages due free and clear and without subsequent deduction (except as
otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback
on any account. Such payments shall be made no later than one pay period
following the end of the regular
pay period in which such wages were earned or accrued. A pay period under
this Act may not be of any duration longer than semi-monthly.
(i) The contracting officer shall withhold or cause to be withheld from the
Government prime contractor under this or any other Government Contract/IGSA
with the prime contractor such sums as an appropriate official of the
Department of Labor requests or such sums as the contracting officer decides
may be necessary to pay underpaid employees employed by the contractor or
subcontractor. In the event of failure to pay any employees subject to the
Act all or part of the wages or fringe benefits due under the Act, the agency
may, after authorization or by direction of the Department of Labor and
written notification to the contractor, take action to cause suspension of
any further payment or advance of funds until such violations have ceased.
Additionally, any failure to comply with the requirements of these clauses
relating to the Service Contract Act of 1965, may be grounds for termination
of the right to proceed with the Contract/IGSA work. In such event, the
Government may enter into other contracts or arrangements for completion of
the work, charging the contractor in default with any additional cost.
(j) The contractor agrees to insert these clauses in this section relating to
the Service Contract Act of 1965 in all Subcontracts subject to the Act. The
term contractor as used in these clauses in any subcontract shall be deemed
to refer to the subcontractor, except in the term Government prime
contractor.
(k)(1) As used in these clauses, the term service employee means any person
engaged in the performance of this Contract/IGSA other than any person
employed in a bona fide executive, administrative, or professional capacity,
as those terms are defined in part 541 of title 29, Code of Federal
Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of
those regulations. The term service employee includes all such persons
regardless of any contractual relationship that may be alleged to exist
between a contractor or subcontractor and such persons.
(2) The following statement is included in contracts pursuant to section 2(a)
(5) of the Act and is for informational purposes only:
The following classes of service employees expected to be employed under the
Contract/IGSA with the Government would be subject, if employed by the
contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and

Page 5 of 8

ICE.2012FOIA3030001524

 Attachment 2
would, if so employed, be paid not less than the following rates of wages and
fringe benefits:
Employee class

GS-05
GS-07

wage-fringe benefit

$14.24
$17.64

Search current rates at http://www.opm.gov/oca/08tables/
(l)(1) If wages to be paid or fringe benefits to be furnished any service
employees employed by the Government prime contractor or any subcontractor
under the Contract/IGSA are provided for in a collective bargaining agreement
which is or will be effective during any period in which the Contract/IGSA is
being performed, the Government prime contractor shall report such fact to
the contracting officer, together with full information as to the application
and accrual of such wages and fringe benefits, including any prospective
increases, to service employees engaged in work on the contract, and a copy
of the collective bargaining agreement. Such report shall be made upon
commencing performance of the contract, in the case of collective bargaining
agreements effective at such time, and in the case of such agreements or
provisions or amendments thereof effective at a later time during the period
of Contract/IGSA performance, such agreements shall be reported promptly
after negotiation thereof.
(2) Not less than 10 days prior to completion of any Contract/IGSA being
performed at a Federal facility where service employees may be retained in
the performance of the succeeding Contract/IGSA and subject to a wage
determination which contains vacation or other benefit provisions based upon
length of service with a contractor (predecessor) or successor (Sec. 4.173
of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish
to the contracting officer a certified list of the names of all service
employees on the contractor's or subcontractor's payroll during the last
month of Contract/IGSA performance. Such list shall also contain anniversary
dates of employment on the Contract/IGSA either with the current or
predecessor contractors of each such service employee. The contracting
officer shall turn over such list to the successor contractor at the
commencement of the succeeding contract.
(m) Rulings and interpretations of the Service Contract Act of 1965, as
amended, are contained in Regulations, 29 CFR part 4.
(n)(1) By entering into this contract, the contractor (and officials thereof)
certifies that neither it (nor he or she) nor any person or firm who has a
substantial interest in the contractor's firm is a person or firm ineligible
to be awarded Government contracts by virtue of the sanctions imposed
pursuant to section 5 of the Act.
(2) No part of this Contract/IGSA shall be subcontracted to any person or
firm ineligible for award of a Government Contract/IGSA pursuant to section 5
of the Act.
(3) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.

Page 6 of 8

ICE.2012FOIA3030001525

 Attachment 2
(o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this
section relating to the Service Contract Act of 1965, the following employees
may be employed in accordance with the following variations, tolerances, and
exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act
prior to its amendment by Public Law 92-473, found to be necessary and proper
in the public interest or to avoid serious impairment of the conduct of
Government business:
(1)Apprentices, student-learners, and workers whose earning capacity is
impaired by age, physical, or mental deficiency or injury may be employed at
wages lower than the minimum wages otherwise required by section 2(a) (1)
or([Page 45]]
(2)(b)(1) of the Service Contract Act without diminishing any fringe benefits
or cash payments in lieu thereof required under section 2(a) (2) of that Act,
in accordance with the conditions and procedures prescribed for the
employment of apprentices, student-learners, handicapped persons, and
handicapped clients of sheltered workshops under section 14 of the Fair Labor
Standards Act of 1938, in the regulations issued by the Administrator (29 CFR
parts 520, 521, 524, and 525).
(3) The Administrator will issue certificates under the Service Contract Act
for the employment of apprentices, student-learners, handicapped persons, or
handicapped clients of sheltered workshops not subject to the Fair Labor
Standards Act of 1938, or subject to different minimum rates of pay under the
two acts, authorizing appropriate rates of minimum wages (but without
changing requirements concerning fringe benefits or supplementary cash
payments in lieu thereof), applying procedures prescribed by the applicable
regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts
520, 521, 524, and 525).
(4) The Administrator will also withdraw, annul, or cancel such certificates
in accordance with the regulations in parts 525 and 528 of title 29 of the
Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed and individually registered
in a bona fide apprenticeship program registered with a State Apprenticeship
Agency which is recognized by the U.S. Department of Labor, or if no such
recognized agency exists in a State, under a program registered with the
Bureau of Apprenticeship and Training, Employment and Training
Administration, U.S. Department of Labor. Any employee who is not registered
as an apprentice in an approved program shall be paid the wage rate and
fringe benefits contained in the applicable wage determination for the
journeyman classification of work actually performed. The wage rates paid
apprentices shall not be less than the wage rate for their level of progress
set forth in the registered program, expressed as the appropriate percentage
of the journeyman's rate contained in the applicable wage determination. The
allowable ratio of apprentices to journeymen employed on the Contract/IGSA
work in any craft classification shall not be greater than the ratio
permitted to the contractor as to his entire work force under the registered
program.
(q) Where an employee engaged in an occupation in which he or she customarily
and regularly receives more than $30 a month in tips, the amount of tips
received by the employee may be credited by the employer against the minimum
wage required by Section 2(a)(1) or 2(b)(1) of the Act to the extent

Page 7 of 8

ICE.2012FOIA3030001526

 Attachment 2
permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29
CFR Part 531. To utilize this provison:
(1)The employer must inform tipped employees about this tip credit allowance
before the credit is utilized;
(2)The employees must be allowed to retain all tips (individually or through
a pooling arrangement and regardless of whether the employer elects to take a
credit for tips received);
(3) The employer must be able to show by records that the employee receives
at least the applicable Service Contract Act minimum wage through the
combination of direct wages and tip credit;
(4) The use of such tip credit must have been permitted under any predecessor
collective bargaining agreement applicable by virtue of section 4(c) of the
Act.
(r) Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this Contract/IGSA shall not be subject to the
general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR
parts 4, 6, and 8. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their
representatives.(The information collection, recordkeeping, and reporting
requirements contained in this section have been approved by the Office of
Management and Budget under the following numbers:
[[Page 46]]
-----------------------------------------------------------------------Paragraph
OMB control number
----------------------------------------------------------------------(b)(2) (i)--(iv)....................................
1215-0150
(e).................................................
1215-0150
(g)(1) (i)--(iv)....................................
1215-0017
(g)(1) (v), (vi)....................................
1215-0150
(l) (1), (2)........................................
1215-0150
(q)(3)..............................................
1215-0017
----------------------------------------------------------------------[48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2, 1983, as amended at 61 FR
68663, Dec. 30, 1996]

Page 8 of 8

ICE.2012FOIA3030001527

 (b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)

(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)

(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)

ICE.2012FOIA3030001528

  

new A

201102141 
REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor WAGE AND HOUR DIVISION
. WASHINGTON D.C. 20210'

. I . Wage Determination No.: 2011?0214
Diane C. Koplewski DiViSion of ReViSion 1
Director Wage Determinations Date of Last Rev151on: 11/07/2011

 

 

State: Pennsy'lvaniaI

Area: PennsyiVania County of Pike

 

Empioyed on Department of Hea1th Human Services contract for comprehensive
deterntion serv1ces between 1

 

.Pike County Pennsyivania and Pike County Correctiona1 Corrections I
Officers, American Federation of State County Mun1c1pa1 Emp1oyees, District

Councj} 87, effective January 1, 2010 through December 31, 2013..

The wa rates and fringe benefits paid by above.entity are hereby adopted as
prevai ing. 

NOTE:

This.501e source wage-determination was issued based on your e98 request.

P1ease note that a soie source wage determination is on1y appiicabie to contracts
for which the contractor a state or Ioca1 government or other entity) is the
on1y entity in the ioca1ity that can perform the contracted-for services. Thus, for
example, if a state or 1oca1 government contractor seiects a subcontractor to
perform the services after a sole source wage determination has been incorporated
into a contract the contractor ceases to be the on1y entity that can erform
such services), then the soie source wage determination is no 1onger appiica 1e to
the contract, and the appropriate area?wide wage determination must be incorporated .
into the contract instead. 

Under Section of the Service Contract Act no em Toyees shai] be paid Tess
than the minimum wage specified by Section of Fair Labor Standards Act;
$7.25 per hour, effective Juiy 24, 2009.

Page 1



 

201102141
UNIFORM ALLOWANCE 

If empio ees are required to wear uniforms in the performance of this contract
(either the terms of the Government contract, by the empioyer, by the state or
1oca1 1aw, etc.), the cost of furnishing such uniforms and maintaining (by
1aundering or dry cieaning) such uniforms is an expense that may not borne by an
empToyee where such cost reduces the hour? rate beiow that required by the wage
determination. The Department of Labor wi1? accept payment in accordance with the
foi1owing standards as compiiance:

The contractor or subcontractor is required to furnish a1} emp10yees with an .
adequate number of uniforms without cost or to reimburse emp1oyees the actuai
cost of the uniforms. In addition, where uniform c1eaning and maintenance is made
the of the em Toyee, a1] contractors and subcontractors subject to
this wage determination shai? (in the absence of a bona fide coiiective bargaining
agreement providing for a different amount, or the furnishing of contrary I -
a firmative proof as to the actual cost), reimburse a11 empioyees fOr such cieaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of "wash and wear"

materia1s, may be routine1y washed and dried with other persona] arments, and do
not require any speciaT treatment such as dry cieaning, dai1y was ing, or commerciai

1aundering in order to meet the c1ean1iness or appearance standards set by the terms
of the Government contract, by the contractor, by iaw, or by the nature of the work,

there is no requirement that empioyees be reimbursed for uniform maintenance costs.

Page 2



 

 

 

 

 

 

 

 

 

 

 

rr',
1. PAGE OF Tam-z?
 0F _7 

NO. 3: MEAT-E 4; REQNO 5. mom N0. (Ifappb?c'able)
passes; Se?BEock 16 

6.ISSUEDBY CODE CODE ICEJDMIDC
ICE Detention Management Contact: 363 Dctc??gn Comets

hm?gta?ons and Omicms Enfoxmmf O?ice ofAunisi?c-n   and Custom Enforcemu?! Of?ce ofM?si?on 
80iISiredNW,Suite930 

?reman, DC20536 

.- -
a AND ADDRESS OF CONTRACTOR Street, Comfy, 3mg, andZip Code} 91%. mm 0F NO.
mama? CaricE -
17s Pichom?ty Btvd. 93. DATED (353m 11)

. Lords? Valley, PA. 18428 -

 

7? 19A. MODIFICATION 0:8 WCFIORDER NO.
?15me 65A l1: 5900 1

 

 

IIOB. DATED (SEEM H) WWDIZ

 

 

 

 



11.  ONLY  TO mm or. SOLICITATIONS

 

 

 

El 14. 




ANDDATESPECIFIEDMAY


 

later,  achtb. air-Wank?   
12. ACCOUNTING-AND RPROPRIATEON DATA (flieun 



 

13. THIS ITEM mom? To 0F comcryonnm


 

A. THIS CHANGEORDERISISSUEDPURSUANTTO: 14 ARE 
.

 

8' B. THE  
Wan dale, FORTH IN 14,- runsumm minoan 

 


. .

 

E. 
.

 

 

3 ismqmiedtosign??sdoaunuiandm 1 'oopiestothcm?ngof?ec.



 

l4.  OF WWMODECATIOIQ (Wed by UCF sedion hailing, blinding  subject  feasible.
is tohoorpomeICE?l! mmw?wzn Sexual 
?Jr .-

Shoui?thetcbe and condi?onoftheayumida??edinmod; lOAon??smocE?ei?onyyou Into Wine

5

. 


 



 

 

 

 

 

 

51m
LDATS - . 160. DATE
SIGNED 
mvm-mm 3mm (REV. m?ss)?
Pmions Ediion Hans-Be rm a: USA FASR S243

ICE.2012FOIA3030001531

 

y. ,m 
. .mm um

(b)(6), (b)(7)(c)

(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)

(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)
(b)(6), (b)(7)(c)

(b)(6), (b)(7)(c)

ICE.2012FOIA3030001532

  

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

SHEET 2

 

 

 

NAME OF OFFEROR OR CONTRACTOR
PIKE COUNTY OF

 

HEMNO. SUPPUESBERWCES QUANHTYUNH AMOUNT
(A) (B) (C) (E) (F)

 

The IGSA period of performance is 11/09/2011
through 11/08/2016.

All other terms and conditions of 
remain unchanged.

 

Exempt Action: 
Period of Performance: 11/09/2011 to 11/08/2016
Invoicing Instructions:

 

Service Providers/Contractors shall use these
procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be
submitted in a .pdf format on a basis via
email to:



 

ice.dhs.gov

Each email shall contain only one (1) invoice and
the subject line of the email will annotate the
invoice number. The emailed invoice shall
include the bill to address shown below:

DHS, ICE

Financial Operations Burlington
P.O. Box 1620

ATTN: ERO-FOD-FPA

Williston, VT 05495?1620

 

Note: the Service Providers or Contractors Dunn
and Bradstreet DUNS Number must be
registered in the System for Award Management
(SAM) at prior to award and
shall be notated on every invoice submitted to
ensure prompt payment provisions are met. The ICE
program office identified in the task
order/contract shall also be notated on every
invoice.

7 2. Content of Invoices: Each invoice submission
shall contain the following information:

 

Name and address of the Service
Provider/Contractor} Note: the name, address and
DUNS number on the invoice MUST match the
information in both the Contract/Agreement and
the information in the SAM. If payment is
remitted to another entity, the name, address and
Continued 

 

 

 

 

 

 

NSN Y540-01-152-8067 OPTIONAL FORM 335 (4-35)
- Sponsored by GSA



 

 

 



 

PAGE OF

 

 

 

CONTENUAHON SHEET 3 5
NAME OF OFFEROR 0R CONTRACTOR 
PIKE COUNTY OF
IIEMNO. SUPPUESSERWCES QUANHTYUNW AMOUNT
(A) (B) (C) (D) (E) (F)

 

 

DUNS information of that entity must also be
provided which will require Government
verification before payment can be processed;
(ii) Dunn and Bradstreet DUNS Number;

Invoice date and invoice number;

(iv) Agreement/Contract number, contract line
item number and, if applicable, the order number;
Description, quantity, unit of measure, unit
price, extended price and period of performance

of the items or services delivered;

(vi) Shipping number and date of shipment,
including the bill of lading number and weight of
shipment if shipped on Government bill of lading;
(vii) Terms of any discount for prompt payment
offered;

Remit to Address;

(ix) Name, title, and phone number of person to
notify in event of defective invoice; and

3. Invoice Supporting DoCumentation. In order to
ensure payment, the vendor must also submit
supporting documentation to the Contracting
Officers Representative (COR) identified in the
contract as described below. Supporting
documentation shall be submitted to the COR or
contract Point of Contact (POC) identified in the
contract or task order with all invoices, as
appropriate. See paragraph 4 for details
regarding the safeguarding of information.
Invoices without documentation to support
invoiced items, containing charges for items
outside the scope of the contract, or not based
on the most recent contract base or modification
rates will be considered improper and returned
for resubmission. Supporting documentation
requirements include:

Firm Fixed Price Items (items not subject to
any adjustment on the basis of the contractors
cost experience, such as pre-established 
guaranteed minimums for detention or
transportation): do not require detailed
supporting documentation unless specifically
requested by the Government.

Fixed Unit Price items (items for allowable
incurred costs, such as detention and/or
transportation services with no defined minimum
quantities, stationary guard or escort services,
transportation mileage or other Minor Charges
Continued

 

 

 

 

 

NSN 

OPTIONAL FORM 335 (4-85)
Sponsored by GSA



 

 

 

 

REFERENCE NO. OF DOCUMENT BEING CONTINUED

 

PAGE OF

 

 

 

CONTINUATION SHEET 4 5
NAME OF OFFEROR OR CONTRACTOR
PIKE COUNTY OF
ITEM NO. SUPPLIESISERVICES QUANTETY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)

 

 

such as sack lunches and detainee wages): shall
be fully supported with documentation
substantiating the costs and/or reflecting the
established price in the contract and submitted
in .pdf format.

Detention Services:

(1) Bed day rate;

Residents/detainees check-in and check~out
dates;

(3) Number of bed days multiplied by the bed day
rate;

(4) Name of each detainee;

(5) Residents/detainees identification information

Transportation Services:

(1) The mileage rate being applied for that
invoice. .

(2) billing reports listing
transportation services provided; number of
miles; transportation routes provided; locations
serviced and/or names/numbers of detainees
transported; an itemized listing of all other
charges; and, for reimbursable expenses 
travel eXpenses, special meals, etc.) copies of

all receipts.

Stationary Guard Services:

(1) The itemized invoice shall state the
number of hours being billed, the duration of the
billing (times and_dates) and the name of the
that was/were guarded.

other Direct Charges:

The invoice shall include appropriate supporting
documentation-for any direct charge billed for
reimbursement.

4. Safeguarding Information: As a contractor or
vendor conducting business with Immigration and
Customs Enforcement (ICE), you are required to
comply with DHS Policy regarding the safeguarding
of Sensitive Personally Identifiable Information
(PII). Sensitive P11 is information that
identifies an individual, including an alien, and
could result in harm, embarrassment,
inconvenience or unfairness. Examples of
Sensitive PII include information such as:

Social Security Numbers, Alien Registration
Numbers (A?Numbers), or combinations of
Continued

 

 

 

 

 

NSN 7540-01-152-886?

OPTIONAL FORM 336 (4-86)
Sponsored by GSA

535

 

 

 

 



 

PAGE OF

 

 

 

CONTINUATION SHEET 5 5
NAME OF OFFEROR 0R CONTRACTOR 
PEKE COUNTY OF
N0. QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)

 

 

information such as the individualgs name or
other unique identifier and full date of birth,
citizenship, or immigration status.

As part of your obligation to safeguard
information, the follow precautions are required:

Email supporting documents containing Sensitive
PII in an attachment with password sent
separately.

Never leave paper documents containing Sensitive
PII unattended and unsecure. When not in use,
these documents will be locked in drawers,
cabinets, desks, etc. so the information is not
accessible to those Without a need to know.

Use shredders when discarding paper documents
containing Sensitive PII.

Refer to the DHS Handbook for Safeguarding
Sensitive Personally Identifiable information
(March 2012) found at


for more information on and/or examples of
Sensitive PII.

5. If you have questions regarding payment,
please contact ICE Financial Operations at
1?877-4 91- e?mail at

(bxm,wx7xm 9ice.dhs.gov

 

 

 

 

 

NSN 3'540?01452406?

OPTIONAL FORM 336 (4-86)
Sponsored by GSA



  -  - 

 .. -i  -- - --  - -. AGREEMENTUNITED SECURITY 
- 3 .:  


. OFFICE. OF ENFORCEMENTAND REMOVAL OPERATIONS 

 
   
 

    

. States .. 'f ..
 Department. and Pike 
-  Comm Provider?) the detention and. ($3136 of aliens? (?detainees?). The.  
- .  is. luSed t0 fc?f?fr'joinitlyito ICEiand'th? Sewi?e'Prdifid?n 7 1 

 

        

I   
      ..  -  

 



 

 

I IN WITNESS the 'undersighed, duly authorized of?cers, have subscribed their
names'on behalf of the Pike Coimty, PA and Department of Homeland Security, - .

1mm? a?dCuStoms Enforcement-E  

5:  ACCEPTED: 

.3 U.S.. Immigration and customs Enforeement'i

.. 

Contracting O?icer,

 U-S: and I

I    

 *Sign?tui

Date: 

 I

- - f. 

 ACCEPTED:

Pike  Commissioners 1'

506BroadStfeeti 3
 

Richard-A; 'Caridi

 -Pike..County.00miSSion?IS. . 

   



 

 . 

. Intergovernmental;ServiCe Agreement?GSAArticle 2. 
3.. ..4 
andDischarging Detainees"; ..- ..6
 ICE Performance-Based National Detention Standards and Other Applicable 
 Standards - --
 Article.6.i?Medical Services  
 't Sereening Requirements  
 Article 8. .. '3
.-  Article  
 
. Article-1'1. Adjusting-the: Bed Day Rate .. 14
*9 Article 12. 
. Furnished Propeny  

Hold Hamless ..16

'22. ?rt'iele l7

Article 15; Transportation 

i . .L. 
Miele 18. Contraet'ing Technical Representative (COTR)  
 Article 19,. Labo'f.'Stand'ards  22
Article_;20, 'Noti?eatio?a?d Public Disclosures  ..23
_"Article'21. ..23
 .. Article 22. Detainee ..24
Article for Abuse, .. 25 
Article 24. Detainee TelephoneServices-(DTS) ..25 
'1 Article 25. 
.1 2

'3  

 

 



Article 1. Purpose

A:

Pmose: The purpose of this Inter?Goveinrnental ServicezAgr'eement (IGSA) is to 0- "i

. establish an Agreement between ICE and the Service Provider for the provision of the

Vnecessary physical structure, equipment, facilities, perSOnnel, and services to provide a

program of care in a properly staffed and secure environment the. under the authority of

'3 the lininigration and Nationality Act, as amended." Alljpersons in the custody of ICE are
5, ?Administrative Detainees.? This term recognizes that ICE detainees are not charged 

violations and: are only held in custody to assure their presence throughout

 the administrative. hearmg-p'rocess. and to assure their presence: for removal ?om the

33': United States pursuant to a lawful ?nal order by
Immigratien Appeals or other Federal judicial body. 

the Immigration court, theBoard of

Agreement-Sets forth the responsibilities" of ICE  Service
?Provider. The Service Provider shall provide. all personnel, management, equipment,

Supplies, - and services necessary for perfonna?c'e of all aspects ._of the Agreement and

I -- - 3 i - ensure" that the safekeeping, housing, subsistence, medical,  other  services
:5 provided to IC_E_'detaine_es housed in the facility is consistent with ICE?sciVil detention

authority, the PWS, IGSA requirements and.  standards referenced in this agreement.

. The Agreement states the services the. Service Provider Shall perform satisfactorily to
{receive Payment from ICE at the rate prescribed in Articlel C. I - - -

Rates; This is: a ?xedrate agreement, not a cost reimbursable agreement, With respect to
.- the bed day rate for detainees.- ICE will be responsiblefor reviewing and approving the

I costs aSSQCiated with this Agreement and subsequentmodi?cations utilizing all

rate.

Bed Day Rate from 12/1/2011 to 11/30/2014: 

applicable federal procurement and standards  atithe bed day

82.31 per detainee

 5*Esc0rt Services at Regular Rate 30.00 per hour

"*EsCort Services at OvertimeRate 30.00 per hour
>1?E?Station'alry Guard at Regular Rate -. 1 2} 30.00 per hour

Guard at Overtime Rate; 3 30.00 per hour
1 5* Detainee Work-Program Reimbursement . per day

- TranSpo'rtation'Mileagefrate to be intaccordance with GSA rates at? thetime of 

I I 3 f* See Article;  7,  Article 16

 {Aiftiele 2. General

Commencement of Services: ICE is under no obligation to utilize the facilities identi?ed

 herein until? the need for detention'serVices has been identi?ed, funding Ihas'been'

- {identi?ed and made available, and the Facility meets ICEirequirernents, and is in I
.- compliance with ICE 2008 Performance-Based National DetentionStandards 

I. 



 

 



3 presentng detainees for housing.

Therefore, ICE may perform numerous assessments to ensure compliance prior to

Funding The obligation of ICE to make payments to the Service Provider is contingent

I I upon the availability of Federal funds. ICE will neither present detainees to the Service
Provider nor direct performance of anyother services until ICE- has the'appropriate

?mding._ Orders will be placed under this'Agreement when speci?c requirements have

I, been identi?ed'and ?mding Obligated; Performance under this Agreement is not .
'2 authorized until the Contracting Of?cer issues aniorder in writing The effective date of
the services will be negotiated and specified in this Agreement. The Service Provider.

{accordance the agreed upon ramp?lp 131.311 

shall be prepared to accept detainees upon issuance of task orderin 

Subcontractors: The Service Provider shalant-ify and obtain app-revel fremthe ICE

Contrasting Of?cer if it intends to house ICE detainees in a facility other than the Pike

?County, PA. If either the Facility or any. ?lture-facility entity other than
the SerVice Provider,  will treat the :entityias a subcontractor to-the Service Provider.
 *The Service Provider shall obtain the. Gentracting Of?cer?s approval before 
 :?subcontr'acting. the detentionand care of detainees to another entity, The Contracting

Of?cer has the right to deny, withhold, or Withdraw approval of the proposed
subcontractor. Upon approval by the Contracting Of?cer, the ?SerVice Provider shall

_5 ensure that any subcontract includesall provisions of this Agreement, and shall provide
ICE with cepies of all subcontracts. All payments will be made to the Service Provider.

ICE will not aCCept invoices horn, or make payments to, a Subcontractor, Subcontractors

that perform'under this agreement are subject to the terms  conditions or this IGSA.

Consistent. with Law: This is a ?rm ?xed rate Agreement, not a cost reimbursable

Agreement. This. Agreement is permit_ted under applicable statutes, regulation, policies
for judicial mandates. Any provision of this Agreement contrary to applicable statutes,

. the balance of the Agreement.

-- '3 Article

regulation, policies or judicial mandates

is null and void and shall not necessarily affect

Covered Services

Bedspace: The Service Provider shall provide 210 male and 0 female beds-on a space

available basis,- with minimum availability of 210 beds. The ServiCe Providershall

house alldetainees as determined within the Service Provider?_s_ classi?cation system'.

 Will be finan

eially liable only for the actual detainee days as defined-  Paragraph 

Basic-Needs: The Service Provider shall provide ICE detainees with safekeeping,

7- housing, subsistence, medical and other services in accordance with this Agreement. In
. providing these services, the Service Provider shall ensure compliance with all applicable
'.Ia_ws, regulations, ?re and safety cedes, policies and procedures. The types and levels-0f 
. - "Services shall be consistent with these the Service Provider rentinelyia??ord-sother 
-1 inmates. If the Service Provider determines that ICE-has delivered a person for custody

-

 

 

I morons?12-0002

Who is under the age of eighteen (18), the ServiCe-Provider shall not-house that person

:with adult det_ainees and shall immediately notify the ICE COTR ordesignated ICE

of?cial. ICE will remove the juvenile within seventy-two (72) hours.

 Unit of Service and Financial'Liability: The unit of service is calleda ?fBed Day? and is
?de?ned as one perSon per day. The bed day begins on the date of arrival. The Service

Provider may bill ICE for'thc date of arrival but not the date of departure. The Service

Provider shall not charge for costs that are not directly related to the housing and
detention of detainees. Such unallowable costs include but are not limited to:

?3 1) Salaries of eleCted officials - -
2) Salaries of employees not directly engaged in the housing and detention of
,detainees'? _f   ..
3.) {Indirect costs-in which a percentage of all local g0vernm'ent costs are pro-rated
I and applied to individual departments unless, :those cest are allocated under an
-  {apprOVediCostAlloCatiOnPlanDetainee services? Which are not proVided to, or cannot be used by, Federal 
 -- detaineesOperating costs of facilities not utilized-by Federal detainees -
Interest on borrowing (however represented), bond discounts, costs of
"?nancing/re?nancing, except as prescribed by OMB Circular 
Legal or professional fees (speci?cally legal expenses for prosecution of claims
against the Federal Government, legal expenses individual detainees or i .- 
.. . inmates) - . . .. 
8) Contingencies

. Interpretive/Translation Services: The Service Provider shall make specialprovisions for
 translation Services for all non?English speaking, handicapped or illiterate detainees. 
3 'Upon request, ICE will assist the Service Provider in obtaining translation services

through a toll ?ee line. The Service Provider shall provide all instructions verbally,

either in Englishor the detainees? language, as appropriate, to detainees who cannot read.

Escort and Transportation Services: The Service Provider shall provide, upon request'_
- and as scheduled by ICE, neCessary escort and transportation services for ICE detainees

f. :to and horn designated locations. 

. No ICE-Liability for Failure to Meet Minimum Guarantee: . ICE will not be liable for any
failure to meet the minimum or populati0n guarantee if- such failure results directly from
i:  occurrence that impairs the" ability of ICE to use the 'faCility's capacity, and such
.occurrenCe arises out Of causes beyond the control and without the fault or negligenCe of
. .ICE. Such causes may include, but. are not limited to, acts of God Orthe public enemy,
-f'f1res, ?oods, freight embargoe's, courtorders and extraordinarily severe Weather. This
provision becomes effective only if ICE immediately noti?es theProvider of the extent
and nature of the occurrence resultingin the: failure and takes all reasonable steps :to limit
-. any adverse effects required by the Occurrence. - - 3



 

 



Article 4. Receiving and Discharging Detainees

A. Required Activity: The Service Provider shall receive and discharge detainees only to. I

and tram-properly identi?ed personnel or other prOperly identi?ed Federal law

3 enforcement of?cials with prior authorization from Presentation of US.
3 "Government identi?cation will constitute ?proper identification.?_ The Service Provider

shall ?ll?niSh receiving and? discharging Servicesitwenty-four (2.4) hours per day, seven (7)

{days per week.? ICE will furnish the Service Provider With reasonable notice. of receiving
if {and discharging detainees. The ServiCe Provider? shall ensure positive identi?cation and
recording of detainees-and officers. The'Service Provider shall not permit mediCal

B.

 --or emergency discharges except through coordination with on??duty ICE officers.

Emergency Situations: detainees shall not be released '?om the Facility into the
__custody of otherFed'eral, state, or local of?cials. for any reason, except for medical or

2 5 emergencysituations, without express. authorization of I CE.

Restricted Release of Detainees: The service Providershall not tel'ease ICE detainees
"i . . '?om its physical custody to any persons other than thoSe' described in Paragraph A of

I Article-IV for- any reason, exitept for either medical, other. emergency situations, or 
reSponse to a federal writ 0f habeas corpus. If an ICE detainee is sought for federal, state,

I . or local proceedings, only ICE may authorize release of the detainee for such purposes.
a The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately
?regarding any such requests, 

a Safe Release: The time, point and manner of release from a facility shall be'consistent
with safety considerationsand-shall take into account special vulnerabilities. Facilities
that are not within a reasonable walking distance cf or that are more than "one mile ?om,

'2 public tranSportation shall transpoit detainees to local h?us/train/subway stations prior to

the time the last bus/train leaves such stations for the day. If public transportation is

within Walking distance of the detention facility, detainees shall be provided with an I
information sheet that gives directions to and describes the'types of transportation

lifservices available. However, facilities must provide transportation for any detainee who

i is not reasonably able to walk to public transportation due to age, disability, illness,
mental health or other vulnerability, or as a3 result of weather or; other environmental -
- 1 conditions at the'tirne of release that may endanger the health or safety of the detainee.

 5 "Upon release, detainees shall alsolbe-provided with a list of shelter. serviCes available in
the immediate area along with directions to eaeh shelter. Prior toftlieir release, detainees
9 shall be given the_.opportUnity to make a ?ee phene callto a friend Or relative to arrange
:for pick up ?orn the facility. As practicable, detainees shall be provided with a laundered -
'set of their own clothing, or one set of non?institutional clothing and footwear, weather

.apprOpriate, for their-?nal destination. . -

Service Provider Right of Refusal. The Service Provider retains the right to refuse

7.acceptance of any detainee. if. such re?isal is supported by a valid justi?cation and: agreed

I I Hat-O by the Examples ofsuch justi?cation are: . any detainee exhibiting Vio1ent or
.: disruptive behavior, or any detainee found to have a medical condition that requjres .



 

 

- 

medical care beyond the scope of the service Provider?s health care provider. In the case

of a detainee'already in custody, the "Service Provider shall notify ICE aiidirequest such
removal of the detainee ?om the Facility. The Service ProVider Shall allow ICE
reasonable time to make alternative arrangements for thedetainee. 

Emergency Evacuation: Inth'e event Of an emergency requiring evaCuation of the 
Facility, the ServiceProvider shall evacuate  detainees in the same manner, and with

 the same safeguards, as it employs for persons detained under the Service Previder?s

i Artie"

authority, The Service Provider shall notify the ICE CQTR or designated ICE of?cial
within two (2) hours of evacuationle'5. ICE PerformanCe-Based National Detention Standards and Other Applicable 

 . ?Standards .. Ii"-

i-  - . minimum in accordance With the 2008 edition of ICEZP'erformance-Based National"  

{The Service ProVi?der shall house detainees and performirelated detention services at a? . 

I Detention  unleSS otherWiseispeci?ed in this agreement. Thecomplete set of standards applicable to_ this pro memes: is aVailable Health? 15110ng
7-website: and are incorporated herein. ICE

 ICE 

  

Inspectors will conduct periodic-inspections of the Facility to assure compliance withthe

 a change in the standards identi?ed herein results in a documentable ?nancial impact to
the Service Provider, the -Senace_'Previder_ must notify the Contracting Of?cer within ?ve

If 1 (5) days Hefreceipt of the change and req-uesteither; 1) a Waiver to the, Standards or, 2)

negotiate a change in per. die-m;

Facility?s' operation shall re?ect the Expected Outcomesas summarized and

Outlined at length inAttachment 1,-Perforrnance outcomes, 2008 Performance?Based
National Detention Standards Where  requirements are expressed, -

._ij1_1novation is encouraged tof?thher the goals cf detention reform.

The Service provider shall also comply with the American Correctional Association 
(ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards .

-. Supplement, Standards for Health Services  Jails, National Commissionon Correctional
-:Health care some ACA standards are augmented by ICE POHCY and/01' .
. procedure, In cases Where other Standards con?iCt with'ICE Policy or Standards, 

- andst?andards will premix- 

I   i: Article 6. Medical services

 The Service Provider shall be responsible for providing health care services. for ICE

detainees at the Facility in accordance With the .2008 including: intake arrival

I I  Screening, tuberculosis testing and screening, on?site'sick call, chronic care, .
2 over the counter and prescription medication and durable medical equipment and medical

i "supplies.  

-

 

 

1 2.0002

In the event of an emergency, the. Service Provider shall proceed inimediately with
providing necessary medical treatment. In such event, the Service Provider shall notify

ICE immediately regarding the nature of the transferred detainee?s illness or. injury and

I _.type of treatment provided. The coStsof all emergency medical services provided off-site
will be. the responsibility of ICE Health Service Corps (IHSC) and at no time shall the

Service Provider or detainee incur any ?nancial liability related to Such services. .

A true copy o-f-a Idetaineeis medical .reCOrds shallibe'transferred with the detainee upon 

request of the detainee. ..Otherwise a transfer summary shall accompany the detainee 

reutlining necessary care during transit-to includemedications, medical precautions, 

 . if ;jequipmenti_needed,_and appropriately authorized methodsoftraveli 3-  

The Service Provider shall ensure thatall health care service providers utilized for- ICE

. .. detainees hold current licenses, certi?cations, and/ or registrations withinith'e State and/or
- i City where they treat- our- detained'population; The Service Provider shall retain, at a

I -- minimum, enough nurses per shift appropriate access; to;  delivery of care as
I-Efiaddressed 2008. I I

The Service Provider shall ensure that onsite?medical and health care coverage is

I - available for all ICE detainees at the Facility twenty-four (24) hears per (7)
7,days per week. The service P'roviderShall ensurethat eaCh detainee; has  opportunity

to Submit healthrequests and deliver them in writing to the medical and 'health'care'staff

by placing them in the ?sick-call? boxes provided on each unit. Medical requests are

'2 picked up and triaged daily by the medical staff on the  1-:00 am-shift.

The Service Provider shall fumishonsite health "care under-this Agreement as de?ned :by 

 the Facility local health authOrity on the effective date of this Agreement. The SerVice
'i ?Provider shall not charge any ICE detainee a fee 'or co?pa'yrhentfor medical services or

- . inmates, and as spelledout in 2008.

treatment provided at the Facility. The Service Provider shall ensure that ICE detainees
receive no lower level of onsite medical care and services than those it provides to local

.Qnsite'health care personnel shall perform initial medical screening within (12) hours of

-. . :13; arrival to the Facility. Sick call coverage, provision of over?the-counter and prescription
  medications, treatment ofmjnor injuries, treatment of special needs and mental and- 

dental health assessments shall be available to the detainees. Arrival screening shall I

.. include, at a minimum, Tuberculosis,(TB) screening,planting o'fthe TB skin
.3  test (PPD), and recording the historyo?f past and present illnesses (mental and physical,
- pregnancy status, history of substance abuse). . -

.3 The Service Provider shall furnishmental healthevaluations as determined by the
. i . Facility local health authority and in accordance with detention, 2008, National
. Commission on_CoIrectional HealthCare CCHC), and ACA standards with the

expectation to provide custody oversight and'medication as'needed. 



 

 

.



A full health assessment to include a history and hands on physical examination

shall be completed within the ?rst 14 days of detainee arrival unless the clinical

situation dictates an earlier evaluation. Detainees with chronic medical and/or mental

health conditions shall receive prescribed treatment and follow?up care with the
_-appropriate level of provider and in accordance with detention, National Commission on
Correctional Health Care and-ACA standards. - a 

. If the Service Provider determines that an ICE detainee has a medical condition which
renders that person unacceptable for detention under this Agreement, (for example,

Contagious disease, condition needing life support, uncontrollable violence, or serious

I mental health condition), the Service Provider shall notify ICE. Upon such nOti?Cation, 

I5 I - the Service Provider shall allow ICE reasonable make the prepe'r. augments 

I for  disposition of that detainee. . 

he Service-Provider shall release  and all medical information for-ICE detainees to .

 ?the IHSC representatives upon request The Health Care Providershall submit a Medical

Payment Authorization Request to I IHSC for payment fer off-site medical -

g. off sitelab'testing, eyeglasSes, visits). I

The Service Provider shalli?irnish twenty?four (24) hour emergency medical care  

..facility emergency-evacuation procedures. In'an emergency, as determined by? the
3f Service Provider, the Service Provider shall Obtain the medical treatment required. The
3' Service Provider shall have aoCess to an off site. emergency: medical provider at all times.
 The Health Authority of-the service Provider Shall notify the organiZation_listed below as
- .. {soon as possible,-a1id in no case more than seventy?two (72) hours after detainee reCeipt
 '9 fof such care. Authorized payment for all offsite medicalservices for the initial 
emergency need and for medical care required beyond the initial emergency situation will
  . - be made by the Veterans Administration FranChise Service Center (VA FSC) on behalfof
- IHSC directly to. the medical 7 ?3 I 3

IHSC VA Financial Services Center
PO Box 149345 

. Austin, TX 78714?0248

Phone: (800) 479? 
Fax: (512) 460-5538 

. The Service Provider shall allow IHSC Managed Care CoOrd'inators or any ICE personnel

reasonable. access to its facility and medical records of ICE detainees for the purpose of 

iliaison activities with the local IGSA Health Authority and associated Service Provider 

departments in accordance with HIPAA privacy exception at 45 CPR. 164.512
I - 

The Service Provider shall provide ICE detainee medical reocrds to ICE whether created

by the Service Provider 'or its sub-Service Provider/vendor upon request from the 

-1 .   5 Contracting Of?cer?s Technical Representative or Contracting Of?cer in accordance with_- .. - -
*3  HIPAAprivaCy exception at 45 CPR. 164512 disclosure -- . 

ICE.2012FOIA3030001546

 

 

  

WithOut consent to a correctional institution or a law enforcement of?cial having lawful
3. .3custody of an inmate or other individual if the correctional institution or, such law
enforcement of?cial represents that such protected health information is necessary for:

a.
1.1-


The provision of health care to such individuals;
The health and safety of "such individual or Other inmates;
The health and'Safety of the gof?jce'rs ortemployees of Cr others atthe .

[corre'ctional institution;   . 
The health and safety'of such individuals and of?cers. or Other persons
responsible for the transporting of inmates or their_transfer from one

institution, setting to'another; 
Law enforcement on the premises of the correctional institution; and 
The administration and maintenance of the safety, security, and good order of

'3 the correctionalinStitution{Conducting a quality improvement qualityfof care review consistent with an  -
. established quality improvement (medical'quality management) program and

i 3 interfacing with the quality consistent with

I: 5 federal, state,  local 

Q. The Service Provider shall direct offsite medical providers to-submit all medical invoices
for anthorized payment for medical, dental, and mental-health Services to thefollowing

 naddress: 

- VA Financial Services Center
PO Box '_l_4934'5
- Austin TX 78714-9345- 
(.800) 479?0523

The VA Financial Services Center provides preseription drug reimbursement for
individuals inlthe custody of ICE Prescriptions are ?lled at local pharmacies which are
.part 'Of the ScriptCare Network (or other designated Pharmacy Bene?ts Manager).
filBelow is the process for obtaining prescriptions for ICE detainees: 

- The Service Provider shallrequest a group numberwhich should be used at

tthepharr'nacy in conjunction with the 004410 and Processor Control 

. . ?IHSC-assigned by Script Care Network to designate this- is an ICE detainee.
The custodial facility should either fax or take a copy 'ofthe prescription to

their participating pharmacy and indicate that this is an ICE detainee.

The contracted pharmacy shall run the prescription through the Script Care 

network for processing.

Formulary prescriptions will be dispensed; however, there will be no need for
an exchange of cash between the pharmacy health care provider as the

. pharmacy Will receive-payment directly from Script Care. .
.  _Non7Foifrnulary prescriptions will follow the same procedure as formulary
- prescriptions; however, non-formulary medications will require prior

7  authorization. The cuStodial facility will fax the Drug Prior Authoritzation: it

10



 

 

HEROIGSA- 1 2?0002

Request Form to Script Care to 409-833?7435. The authorization will be
loaded into the Script Care network and the pharmacy will receive a call
indicating that the prescription has been approved. Non?Formulary 'urgent 
- . requests must be Submitted in the above manner except an should be placed
on the form marked for URGENT REQUEST and faxed to 409-923-7391.
. - 'The authorization shall be '10 aded into the Script Care network and the
pharmacy shall receive a call indicating the prescription has been approved.

I For further information regarding the Script Care Network please contact the VA

Financial Services Center at: 800-479?0523014 Script Care directly at 800-880-9988. 2: 

. ,Facility Requirements for InfectiousDisease Screening? ii 3 

In'order to prevent the spread of airborne infectious disease or cross contamination of

I zones within-the facility,- the HVAC system in the intake screening area will be designed

:{to exhaust to theexterior and prevent air exchange between the intake screening area and 

[any other-area'Withinthe-facility. (CDC guidelines  
Correctionalhtm) -

 3.Art_icle.7_._ Employment Screening Requirements 

. A.

FACILITIES -  -  
General. The Service Provider shall certify to the Contracting Of?cer that any employees
performing under this Agreement, who have access to ICE-detainees, will have 

 - successfully completed-an employment screening 'thatincludes ataminimurn a criminal
5; history records check, employment reference checks and a citizenship check,-

Emplovment Eligibility. Each employee Working on this contract shall success?illy pass

 3 i . the DHS Employment Eligibility Veri?cation (B?Verify) program operated by USCIS to
'3 establish work authorization. - - - .

E-Verify system, formerly known-as the Basic Pilot/Employment.Eligibility
Verification Program, is an Intemet?based system operated by DHS USCIS, in
partnership 'with the Social Security Administration (SSA) that allot/vs participating .

. employers to electronically verify the employment eligibility of their newly hired .. -

Hijemployees. E?Verify represents the best means currently available for employers to 
- Iveri?z thework authorization of their employees. -  3' '3 -- -- 

'Eachiemployee working? on this contract shall-have a Social Security. Card issued and
approved by the Social Security Administration. The Contractor shall be responsible to

 .subcontractor(s) and their employees.

the Government for acts. and omissions of his own employees and for any

I. 'Subject'to eXisting law, regulations and/or other provisionslof this contract, illegal or; . I
 undocumented aliens shall not be employed by the Contractonor under this contract. 
The Contractor. shall ensure that this provision is expressly incorpora edinto any and all;

-- subcontracts 0r subordinate agreements issued in support 'ofthis-contrac't. 

11



 

 



'f {such requirements.

C, Security Management. The Contractor shall appoint a senior of?cial to act as the

Corporate Security Of?cer. The individual shall interface With the .OPR-P SU through the

on all security matters, to include physical, personnel, and protection of all-
information and data aCcessed by the contractor. -

. The COTR and the shall have the right to inspect the procedures, methods, and
I  .- facilities utilized:  the ContraCtor in complying With theisecurity requirements under
this contract. Should the COTR determine that the Contractor is not Complying with the

security requirements of 3 contract, the Contractor will be informed in writing by the
Contracting- Of?cer of the proper action to be taken in order to effect compliance With 

Articles; Period of Performance . .. 

.. .i This Agreement becomes effeCtive upIOn-the 'date'IOf fmal'signatureby the  -- i
- Contracting Of?cer andithe authorized signatory of the ServiCe Provider and will remain

in effect for a period not-to exceed 60"months unleSS extended by bi?lateral modi?cation

-  "termination.

.3 101' terminated  writing by either Either party must proVidewritten notice of
. intention to terminate the agreement, 120 days in advance of the effective date _of formal
-  termination, or the Parties may agree _to a shorter periodunder the procedures prescribed
in Article 11. If this Agreement is terminated by 'eitheri'party under this Article, ICE will
5 . be under'no ?nancial obligation for any" costs ?lm the date. of termination. The Service

Provider will only be paid :for servicesprovided to ICE up to and. including Ithe'day of 

. if; Article 9. InspeCtions, Audit, Surveys, and Tours 

I i" - I A. iFacility Inspections: The Service Provider shall allow ICE or an entity or organization

- approved by ICE to conduct inspections of the Facility, as required, to ensure an
 acceptable level of services and acceptable conditions of con?nement; as determined by
'j No notice to the Service Provider is required prior. to an inspection. ICE will share

?ndings of the inspection with the Service Provider's Facility Administrator. The

 Inspection Report will state any improvements to facility operation, Iconditionsiof
3: con?nement, - and level of service that will be required by the ServiceProvider.

ICE will not house detainees in any facility that has received two consecutive overall: 
ratings of less than acceptable. Upon notice that the second overall rating'is less than
.. acceptable, ICE will remove all detainees from the Facility within seven (7) Calendar
I days. Any minimum guarantee stated elsewhere in this Agreement .is no longer
.. applicable if detainees are removed as a resnlt of tWo overall ratings less than acceptable.

slNo ?lrther?inds will be obligatedgandno ?lrther payments Will be made. -

Possible Termination: If the :Service Provider, after being afforded reasonable time to .
. oomply, fails to remedy de?cient service identi?ed through an ICE inspection, ICE may
I terminate this Agreement without regard to any other prOVisions in this Agreement.- - 

 

12
- 

 

 

12?0002

 repMs-ij" 

 Share Findings: The Service Providershall provide ICE copies of facility inspections, 

reViews, examinations, and surveys performed; by accreditation sources. The Service 

__Provider shall cooperate'iully with the-Detention Service Manager (DSM).

. Access to Detainee and Facility Records The ServiC'e Provider-shall, upon request, grant
. ICE. accesS to any record  its possessien, regardless of whether the Service Provider-
 :icreated the record, concerning  detainee held pursuantto this Agreement. This right

of access-includes, but is not liniited to, incident reports, records. relating to suicide
i_ attempts, and behavioral. assessments  other records relating to'the detainee's behavior

.._while' in the-Service Provider?s custody; previ'ded, however'that access to- medical and
mental health record mformationbe'provided in accordanee with Articles VI,
. . ..  Furthermore, the SerVice 'PrO'vider shall retain all records_vvherethis_ right of access 
- _"_applies. for aperiod of two (2) years ?cm the dateof the detainee's dischargefrOm the

3? 5-ServiceProviderls? custOdy. This right :_o_f.acces_s speci?cally applies to all inspections f: . -

  Mommas-s. and'msiint?s 



Modi?cations: Actions other than those designated in this Agreement will not bind or
..  -.i11eur liability on behalfof either Party. Either: Party may request 'a modi?cation to this - -
 3  Agreement by submitting a Written request to the other Party. A modi?cation will
become apart of this Agreement only after the ICE Contracting'Qf?cer has approved the

     :ChangeOrder's: I

1. The Contracting Of?cer may under at any time, by written order, and'without
- __nct_ice to the Service Provider, make changes Within the general seepe of this

. Agreement in any one or more of the following: - . .

"3 Description of services to be performed, revisions to the applicable

Detention Standards. . .

I I: I Place of performance of the services.

2 If any-such change causes an increase or decrease in the cost efthe services under - . 
.. . the Agreement, the Contracting Of?cer will make an equitable adjustment in the 

I I    agreement price and-will modify theAgrfeement' accordingly. 

I - 3. __The Servieeprovider must assert its right to an adjustment underthis Article

 . Within 30 days ?om the date of receipt of the written order including .a proposal

cest'impactsand detailed supporting" data. 

 ii If the Service Provider?s propoISal includes costs that are determined unreasonable

3} and/or unsupportiable, asdetermined by the Contracting Officer, the Contracting

I those costs when determining a revised rate, if-any._

'13

- 

 

- 

5. Failure to agree to any adjustment will be a dispute under the Disputes section of
the Agreement. However,'nothing in this Articleexcuses the Service Provider
from proceeding with the Agreement as changed. -

- . C. Disputes: The ICE Contracting Of?Cer and the authorized signatory of the Service
"Provider-will settle disputes, questions and concerns arising ?om this Agreement.
Settlement of disputes willfbe memorialized  a written modi?catiOn between the ICE
.5 Contracting Of?cer and authorized signatory of the Service Provider. In the event a
dispute is. not able to. be resolVed'between the Service PrOvider and the ICE Contracting
Of?cer,? the ICE Contracting. Of?cer will make the ?nal decision. If the Serviiee'Provider
--: _;does'not agree with the ?nal decision,- the matter may be appealed to the ICE Head of the
 {Contracting Aetivity (HCA) for resolution. The ICE HCA may 
available to resolve the dispute including alternative dispute resolution teChniques, The
Service Provider shall d. diligently with perfonnanee_0f this Agreement pending

I I  i - e?nal  any dispute,
  5-: .IArticle 11-   

If ICE will reimburse the Service Provideriat the ?xed detainee bed day rate shown in Article I
paragraph The Service Provider may request a-ra'te adjustment no: less than thirty-six (3 6)
- months after the effective date efthe Agreement unless required by law (see Article 19).
thirty-six (3 6) months, the Service'Provider may request a rate by accessing the link at
for access to theICE 
. System for on'preparin'g your ail Operating Expense InformatiOn- Form.
- . There is a Facility Guide available on the Website to assist you. The Parties agree to base the 
. cost portion of the 'rate'adjustment on the principles of allowability and allo usability as set
forthiin'  Circular A437, Cost Principles for State, Local, and Indian Tribal 
.Governinents,? federal procurement laws-regulations, and Standards  arriving at the bed day
.irate'. If ICE does not receive an of?cial request for a bed day-rate adjustment that is
supported by the information submitted through the System, the fixed bed day rate'as
stated in this Agreement will be  place inde?nitely. I ?1 '3  . .

reserves the right to'audit the actual and/or prospective costs upon'which the rate
 adjustment is based, All rate adjustments: are prospective. .As the bed day rate is ?xed, there
- [areno retroactive adjustment(s). -- - 1' .-

-.  Article 12. Enrollment, Invoicing, and Payment   

11 .- 2  Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with
the information neededto make payments by electronic funds transfer (EFT). Since -
. January 1,1999, ICE makes all payments only by EFT. The service Provider shall 
'3 identify their'?n'ancial institution and related information 'on Standard Form 3881,
Automated Clearing House-(ACH) VendOr Miscellaneous Payment Enrollment 01111 
-  The Service Providershall submit a completed
25? SF 3881 to ICE payment Of?ce prior to submitting its initial rquIest for payment under -

l4

-- 

 

 

IEROIGSA- 120002

- 

Each invoice Submitted shall: contain the following informationi  

 Agreement. If the EFT-data changes, the Service Provider shallibe responsible fof 
:?providing updated information to the ICE payment Of?ce; - . 

consolidated Invoicing: The Service Provider Shall submit an original itemized
. invoice withinthe ?rst ten (10) working days of the month following the calendar month 
3 When-it. provided the serviees Via one oft-he following three methodsBurlington Finance Center: -

"'fWil'liston, VT 05495-1620 
 3mm:  

   By fax: (hiclude a- and number Ofli?ges)   

I  I @dhs?goiivi

1.. methde Will be tame. 
 3 {Provider?s Taxpayer Identi?cation Number (TIN). in the Central .
Contractor Registration gov) prior to 3. award and shall be netated one-very 

invoicesubmitted to. ICE to ensure prompt paymentprovisioneare'met, The 1013 I j_ 

I.  Of??sh?ll belnotatedioneveryIjnvpicefain 

Name and'address (if the Facility;
;_II_1_V.0ice date and number; 

Agreement number, line item number  if applicable, the.  number; 
Terms Ofany discount; for-Pmeptpayment offered; -  -- .

-_.Nan16, title; and phone number of person to notify  event ofd_efectiVe-i1_1veiee;  
?1 --  1- -
Total number of bed daYs; total number miles, - -

.Beddayi'ate;. 3K   - 1-. .. ..
Number ofbed days multiplied by-the bed day rate;    
'.10.'NameofeaChdetainee; ..  3 

11._ Resident ?S/detainee? A?number;

pw?evewpr?

 Speci?c dates-ofdetention' .  
 - 

-

 

 



14. For stationary guard services, the itemized invoice shall state the number 
. of hours being billed, the duration of the billing (times and dates) and the name of 3
.  'i fthe that was guarded. -
7 7 5 '15. For Mileage, the'itemized invoice shall include a copy of the GSA 3
webpagethat shows the mileage rate being applied for that invoice; 

. ., Items 1 through 14 above shall beincluded in the inyoice'. InvOices Without theabove  
"information may be returned for resubmissionPamela:- ICE will t'ransfer'?mds electronically through either an Automated Clearing
*9 3* - - - "subject togthe  laws of the United States, or the Federal Reserve Wire
1  Transfer Systemf The Prompt Payment Act applies-to this Agreement. The Prompt
Ferment Act requires ICE. to. makepayments under this Agreement the thirtieth 0th) 2
calendar day after the Burlington FinanCe Of?ce receives a Complete. invoice. "Either- the
 date on the-Government's cheek, or the date it eXeCutes an electronic transferiof ?mds,? 
3 'fc_onstitut_es the payment date. The Prompt Payment Act requires ICE to pay intereston
overdue payments. to-the Service. Providenf'ICEwill detenni?cfa?r interest due  i 
'jj With the Prompt Payment  provided'the' Service Provider maintains an
Vact_ive_regis'tration in Central Contractbr Registration (OCR) and. call informationis .
accurateiameieis. IcErumis'hedrmpel-ty  

A. ICE Property Furnished to the Service Provider: ICE may furnish Federal Governinent .
 property equipment to the ServiceProvider. Accountable_fproperty remains titled to .
3 shall be returned to- the custody of ICE upontermination or the Agreement. The

suSpensio'n jo fuse of bed space made available to ICE is agreed: to be grounds for-the 

I   f. recall and em efaniy Or Property. 

B. Service Provider- Responsibility: The Service. Provider shall not remove ICE preperty
?om the Facility without the prior written approval of ICE. The Service Provider shall 
report any loss or destruction of any ICE property immediately to ICE, 

5. I.   Article?. Hold Hlarmle'sSProvisiolzs

I. . Unless speci?cally addressed by the terms  Agreement, the parties agree to bis-responsible

ii:  for the negligent. or wrong?al acts oriomissions 'of their respective employees,

 2 - _.Service Provider HeldHaimless: ICE liability for any injury, damage or loss to persons
 or property arising in the. performance of this Agreement and caused by the negligenCe- of
 its own of?cers, employees, agents and representatives is governed the Federal Tort
 T'Clairns Act, 28 USC 2691 et seq, 1 Theserviee Provider Shall ICE of any
claims or lawsuits ?led, against any ICE employees of which'Ser'Viee Provider is noti?ed.
. The Service Provider will beheld harmless for any injury, damage er loss to persons or 
- . 5; property caused by an ICE employee arising in the performanCe of this Agreement. - 

1'6



 

 



Federal Government Held Harmless; Service Provider liability for any injury, damage or
loss to persons or property arising out of the perforniance of this Agreement; and caused
bythe negligence of its own of?cers, employees, agents and representatives is governed

 . by the applicable State tort claims act. ICE will notify the Service Provider of .
hf any claims ?led against any of Service Providers employees of which ICE: is noti?ed. 
The Federal GoVernment will beheld harmless for any injury, damage or 1053 to persons

I or property caus

Agreement. 

ed by'aiSerViee Provider employee  in the performance of this

Defense of Suit: In the-event a detainee. ?les suit against the Service Provider contesting

 the legality of the detainee?s incarceration and/or immigration/Citizenship status, or a
'1 :gdetainee ?les suit as a result of an} administrative error fer omission of the Federal

Government, ICE will request that the US, Attorney's Of?ce, as appropriate, move
either to have the Service Provider dismissed ?om such suit; to have ICE substituted as

 :the proper party defendant; ortohave {the case removed to" a court of proper. jurisdiction,

 .  .
Of?ce be responsible for the defense of any sdit on these grounds.?

decisionon any sneh motion, ICE willirequestthat the US. Attorney's

. Recovery 'Rigm: The Service Provider shall do nothing to .prejudice ICE's right to
recover. against thirdparties for any loss, destruction of, or damage to US. Government

--:  property} Upon request of the Contracting. Of?cer, the. Service Provider shall furnish to 
all reasonable assistance and cooperation, including assistance in the presecution of

suit and execution of the'instruments of assignment infaer of ICE in obtaining recovery.

15. Financial Records

A.-

Retention of Records: All?nancial records, supporting documents, statistical records,

and other recOrds pertinent or subordinate agreements under this; Agreement

 ilshall be retained-by the Service Provider for three (3) years for purposes Offedel?f11 -

examinations and audit. The three (3) year. retention period begins at the end of the ?rst

year of completion of service under the Agreement. If any litigation, Claim, negotiation,

if? audit, or other action involving the records has been started before the expiration of the
. three (3) year period, the records must be retained until completion of the action and

resolution of all issues which arise -
period, whichever is later.

from it or until the. and 0f the regular three (3) year . .

Access to Records: and? the ComptrolleriGeneral of the United States, or anyiof their

3 authorized-repreSentatives, have the. right of access to any pertinent books, documents, - 

I: '3 papers oro'ther records of the service Provider or its subcontractors, which are pertinent

 are retained.

to the award, in order to make audits, examinations, excerpts, and transcripts. The rights
of aCCess must not be limited to the required retention period, but shall last, as long as the

Dehanent Debt ColleCtion? ICE willho Id the Service Provider accouutable for any

. g" overpayment, or any breach of this Agreement'that results in a debt owed to the Federal

Government. ICE will apply to a delinquent -

17

.. .

 

 



debt' owed to the Federal Government'by the Service Prov

ider pursuant to the Debt
Collection Improvement Act of 1982, as amended. '3 

 .- Article 16. Transportatidn

 i  WA.-

All transportation of ICE detainees shall be conducted in accordance with the ICE 2008
Except in emergeney situations females may not be transported by bus for mere

  than ten hours._ Furthermore, except;  emergency situations, a single of?cer may not 
1 ?transport .a Single detainee; of the opposite gender and iffthere is an expectation that a pat

5. search will occurdur
present, 

 .ing:transport; an of?cer vfithe same gender asthe detainees} must

In the event of transportation services involvingdistances that eX'ceed a twelve (12) hour
workday to. complete, the Service Provider'shall be reiinburSed' for: related costs of -3
3 -. lodging 6111611116313 somensuiat?with th?US- General: ServiceS Administration rates for
I jsuch within the geographical: area Of oscufrence-f Any incurred Overtime pay for. Such .
 services Will be reimbursed at the. applicableovenime rate for the; transportation officer 
position speci?ed in Article  C., Rates. Overnight lodging resulting-"30$ transportation
_3..services 'shall be approved in adVaiiCe byithe designated ICE of?cial, All.
. transportation serviees Shallbe accomplished an appropriate and economical manner.

The Service ProVider personnel provided for the aboveiservices shall be'of the same

quali?cations, receive the same training, complete the same security Clearances, and wear
- the Same: uniforms as those Service Provider'piersonnel provided in the other-area's of this
5  Agreement, Trans I
"motor Vehicle. 

portation ?icer-s  have the: reguired state licensesfort-operating' a' 

 Transmit/Escort/Statio'narv Services-Rate: The Service Provider agrees, upon request of

I  ICE in whose Custody an ICE detainee is held, to provide all such ground I 
- services as'rna'y be required to transport detainees

Securely, in a timer manner." to locat
 ,ICE'ofnciai. At least WW

ions as directed by the ICE 
quali?ed law enforcement or correctional Of?cer personnel
employed by the Service Provider under their. policies, procedures and praCtices shall 

perform transport services.  written above, eXCept  emergency situations females 1
.. {may not be transported by bus for more than ten hours. Furthermore, except-in 
- - . emergency Situations, a Sing-16.0mm: my not. defame 0f theopposite
1 gender and if there isan expectation that will occur duringtrarisport,  I

25. Of?cer of the same gender as the detainee(s) must'be present.

Medical/Legal Transportaticn: The shall provide transportation and 

escort guard services for'ICE detainees to and ?'om a medical facility-for outpatient care -
-   and attendingoff??site court proceedings. An of?cer or "Of?cers shall-keep the detainee
. .   under constant supervision :tvventy-four (24) hours per day uiitil_'theidetainee'is ordered
- - released from the hospitaL- or atithe order of the The number of escorts will be

 3 5 dew-mined by COTR- Theses/ice Provider agrees Sto- augment. suchpras?etices ICE-.2012FOIA3030001555 -

 

 

2?0002

be requested by ICE to enhance speci?c requirements
:gvisitation, and Contraband control;

for security, detaineemonitoring,

The Service Provider shall, upon order of the COTR, or upon its owndecision in an

urgent medical situation with noti?cation to the COTR immediately thereafter, traIiSport
a detainee to a hospital locatiOn. An '0 f?cer(s) shall keep the detainee under supervision

24 hours per day until the detainee is ordered released ?om the hospital, or at the order of

the COTR. The Service Provider shall then return the detainee to the Facility. The
?Service Previder Will ensurethat at least one of?Cer'reSponsible for the security of the

detainee while he/she is an a hospital will be of the same sex as the detainee.

.: I .I'Indemnities: Furthermore, the Service Provider agrees to'hold harmless and indemnify

and its of?cials  their of?cial and individual capacities from any liability,
including third?party liability or worker?s compensation, arising fromthe conduct of the .

:5'jService Provider its during the course of transpOi?ting ICEdetainees.

Service Provider Furnished-Vehicles:  the service Provider to use its own vehicles,

 . i the fellowmg requirements apply'to' this agreement,

.-Ii

1.. . The Service Provider, Shall n-Ot allow eIm-I?oyees to use _their personal vehicles to
transport detainees; . I I 3'

The Service Provider shall ?lmish suitable vehicles in good condition,_approved

:by the Government, to safely provide the required transportation services, The

Service Previder shall comply with all federal and state laivs With regard to 
. .insipectiOns, licensing, and registration for'all Vehicles used for tiansportation. . 

The Service Provider shall furnish vehicles equipped with interior Security
- features including'physical separation of detainees from guards. The Service
It -.Provid er sha11' provide interior Security speci?cations of the vehicles to ICE for
'reVieW and. approval prior to installationNothing in this Agreement shall restrict the Service Provider from acquiring
additional vehicles as deemed necessaryby the Service Provider at no cOSt to the 
GavenunanGovernment Furnished Vehicles: If ICE authorizes the Service-Provider'to use
Government furnished vehicles, the following requirements apply to this agreement.

'3  1. . . If ICE chooses to authorize Service Provider employees to operate Government

- '?llnished vehicles, the Government will-provide the Service 'ProVider with Government
?1 Vehicles and Government Fleet Cards (for the purchase 'of fuel) for the purpose of
- transporting detainees to and-from ICE Designated Facilities (see Route List 0r
Analysis), or alternative tran'spOrtation sites, in support of transpOrtation needs
*under this Agreement. The vehicles assigned for this purpose Will remain the preperty of .
the Federal Government, "and all costs aeseciated with the operation and use of the
vehicles, such as, but not limited to, vehicle maintenance and ?iel, will be covered 
"fthrough the Government?s Fleet Management Program. 3 5  I I 

19


 

 

.EROIGSA-12-0002 

The Service Provider agrees to be responsible for reimbursement to ICE for any damages

sustained by the vehicles as a result "of any act or omission on? the part 'of the Service 
Provider, its employees and or persons. acting on behalf of the Service Provider. The"

Service Provider shall be responsible to repert any accidents or damage to the
GoVernment; Vehicles in accordance the ICE Management Directives listed-below and

?many other ICE policies that pertain Eto reperting such damage. The Service Provider
agrees to _?illy'co'operateand assist ICE in makingany claims against a third party at fault
for causing the property {damage to the Government. Vehicles. - 5 _i 

1  addition, the service Provider agrees to hold harmless, indemnify, and assume
?nancial responsibility for any. claims Or litigations' ?led by persOns sustaining personal
"injuries 'or property damage forgincidents or accidents caused by the negligent acts or
omissions of the Service Provider, agents; or other persons acting on behalf of the Service
3 Provider. The Service Provider agrees to fully cooperate and assist ICE in the defense of
I any Claims made against ICE,  in the event-cf a settlement or judgment entered
against ICEifor thenegligent actsor omissions ofthe Service Provider- employees or 
 .. agents; the Service Provider agrees to. reimburse ICE for said settlement or adverse- . 
"judgment,    -      

order for ICE to maintain'ac'curate ?eet records of the transportation: services, the
[Service Provider of?cers utilizing the vehicles shall complete Specific documentation that
H. 'Will beprovided by ICE, to record the times of vehicle usage for prOper hourly guard

reimbursement, and to record the inspection of the vehicles for damage each time the

fvehicles are used. Theform that is required is the Of?cial Detail Form (formerly G?39l).
'1 .  This form is to be ?lled out at the beginning of each shift. At the end of a shift, the form
is to be_providcd to the ICE Shift .Supervisor with a copy to the COTR. The Service
 I Provider shall keep the original'for three years. The form is Attachment 8 to this .
 AgreementThe COTR will provide forms _to the ServiceProvider to request  authorize routine .

of vehicles. 

. The Service Provider shall be responsible for any costs or expenses associated with the

return of the vehicles, to include, towing charges, title replacement fees or licensing

 expenses made'necessary by the loss of any paperwork associated with the vehicles.

7. . The will provide instruction on__the proper use of the Fleet Card to all
 . . Service Provider personnel reSponsible for the operati'On of any Government Vehicle.

-. E-The instruction. will be in accordance with the bus Fleet cardManual (Attainment 

.- A list of the Government vehicles authorized for use by the Service Provider is found as

. - Training and Compliance: The'Service Provider shall comply with ICE transportation i
 a. standards related to the number of hours
. the service Provider?s employee may operate a Vehicle. The'tranSpo_rtation shall be 
- aCcoinplished in the most economical manner. The SerVic'e PrbViderpersonnelprovided
'1 ff_ {for theabove services shall be _ofthej same qualifications, i'receive training, iCdInplete the i

20
- - - ICE.2012FOIA3030001557

 

 

EROIGSA-12-0002 

Miscellaneous TranSportatiOn: The. COTR may direct the Service
to unspeci?ed, miscellaneous locations? :7 I

same security clearances, and wear the Same Uniforms as those personnel provided for 

- other areas of thisAgreement. . 

Provider to "transport

When the COTR provides documents to" the Service Provider. concerning the detainee(s)

:to be transported and/or escorted, the Service Providerishall deliver these documents only
 to the named authOriZe-d recipients. The Service'Pro'vider shall ensure the material is kept
con?dential and not View by any person other than the autho?zied. recipient? 

 The ServiCe Provider shall .establijshiagfully operational icommtmication SyStem
'COmpatible with ICE Communication equipment that has direct  immediate contact

With all transportation vehicles andpost assignments, (This standard willbesatis?ed by a
suppliedby-the Service Provider; 2 Upon demand,? shall
 be With-turrent- status Ofa.11.i?ehicles_ and ?SSig??l?nt 

service 'Provider?s_part to  fully  departure as
3 :pre?scheduled: shall. result in

the Service Provider having deductions'made fer non- .

performance.

Armed Transpo 
3 the performance of these duties.

rtation Of?cers: All: transportation Detention Of?cers shall be armed 

Procedures: The itemized invoice for-_s_ueh_stationary  services
- '?shall state the number of hours be?Ig billed, the duration oifthe  (times and dates)

name'ofthe-detaineem) thatwas guarded. 

Transportation Routes: The following transponation rotite's and/or
- destinations are anticipated requirements for this Agreement. Thefollowing

requirements are one way routes from the Facility. Mileage may'var'y from the table

?of depending on the starting point Ofthe destination. The-361703333 Ila-.311 and I

"shoiildnot' be limited to \tlie'following: 

FACILITY

 

Mileage
Frequency-

 I

Locations

 

 

 

 

 

 

 

NOT APPLICABLE

The Service Provider agrees to provide-stationary guard services; at a separately agreed

hourly rate; on demand by the  and shall include; but not limited escorting  -  i.

guarding detainees to. medical or' do ct'o'r?s I appointments.- Quali?ed detent'ionfof?cer
personnel employed by the Service Provider under its policieszprocedures,  praetiees 

'21 
-- 

 

 



- Will perform such services. The Service Provider agrees to augment such practices as
.may be requested by CO or COTR to enhance speci?c requirements-for security, detainee

monitoring, visitation, and contraband Control, Public contaCt is prohibited unless 

 authorized  advance by the I -:

The Service Provider shall be authorized two of?cers for each such remote 10cation, 

unless additional of?cers  required, per the: direction of the. .COTR or designated ICE

 ._of?ce_r. Except 'in-eases of an emergency, one Of the two above referenced of?cers shall 
be. of the. samesex asthedetainees beingassigned to the remote location. - 

-  - The itemized inVOiCe for such Stationary guard services Shall state the number of
 [hours being billed,- _the duration of the billing (times and dates) and theinames: of the
detainee-s, that were gu'ardedLSuch servieesshall be denoted as a Separate item on 
 submitted invOiCe's. ICE agrees. to reimburse the Service for. actual stationary-
:guardserviees provided during the invoicedperiod. .. .  -  

i - (COTR) 'l I 

:3 :iThe CQTR Will-bedesignated by "Contracting     duties 

are-reassigned, an admirliStrativemodi?cation will be issued to re?ect the changes. This

designation does not include authority to Sign contractual documents. or to Otherwise
 min-mi" t0? Grieve change: Which could affect thePI'iCQen. quantity, or performance. ofthis

 should it has received direction that is not Within the Scope

.. ?ofthe agreement; the Saar-Vice Previder shall proceed with. anyportio? that 13. 110i 
- . I withathescppe ofthe agreement without ?rs: contacting the..Contracting TThe. 
5 f'Se'rvice Pr?idershall continue performanCe Of efforts that are. deemed Within. the. Scope-

Artide  Labor Standards andWage Determination

Contract Act, 41 U.S.C. 2351 et Seq,,Tit-lie 29, Part 4_ Labor Standards for

Federal Service Contracts, is hereby incorporated as Attachment These standards and

 are included inever contraet' and HIGSA entered inteby the United States or 
 _';the District of. Columbia, in excess of $2,500, or  an inde?nite amount, the principal
 . to  Services through the use 'Ofserviee__emp10yees_',  -

jWage Determination: Each service employee employed  the performance'ef this

.. .I i} l'iAgreement Shall be paid not less than" the minimum monetary Wages  shall be
- furnished fringe'bene?ts in accordanCe with the wages and ?inge' bene?ts determined by 

the Secretary of Labor or authorized representative, as speci?ed. infany wage 
_idetermin_atioi1,_attaehed_to this Agreement. (See Attachment 3 - Wage Determination) . 

'22

- 

 

 

. I

Article 20. Notification andPublic Disclosures 

j_ - .. A. Information obtained or developed as a result of this IGSA is under the control of ICE
-. ?and is-subject to public disclosure: only pursuant to the previsions of app'liCable federal
. laws, regulations, and executive orders :or' as ordered by a court. Insofar as any i
.  5 - documents created by the Service Provider contain? mermation develOped or obtained as
- .: aresult of this such doCurnents- shall be subjeet toipublic..disclt)sure only pursuant
to the provisions of applicable federal laws, regulations, and executiVe orders ior as 
ordered by a court.- To the eirtent the Service Provider intends to "release the IGSA or any
 i .- information relating to, er exchanged Under, this IGSA, the Service ProVider' agrees to
3 7 Coerd'ina'te with the ICE Contracting Of?cer priOr to such release; The Service Provider
__may, at: its discretion, communicate the substance. of this .IGSA when requested. ICE
understands thatth IGSA will become a public document when presentedto the Service 

I Provider?s gowm?ig-hover-approval 1' - 'i

I I B. {The CO shall be noti?ed in writing of all litigation pertaining to this. provided
i  I copies of any pleadings ?led or said litigation within ?ve working days of the ?ling, The
Service Provider shall cooperate with Government legal staff and/or the United States:
- --Attome'y' regarding any "requests pertaining to federal or Service Provider litigation. 

The Service Provider'shall notify the CO when a member of the'United States Congress
a  . requests information'or makes a request to visit the facility. The Service Provider-shall
25 coordinate all publicinformaticn related issues pertaining to ICE detainees ?with the CO.
3 ?All press statements and-releases shallibe cleared, in advance, with the ICE Of?ce of -
Public Affairs. The Service Provider shall make publin announcements "stating
the'facts of unusual or newsworthy incidents to local media. Examples of such events
include, but are not limited to: deaths, escapes ?fo'm custody, and facility emergencies.

D. -.With respect to public announcements and press statements, the Service Provider shall
I ensure employees agree to use appropriate disclaimers clearly stating the employees'
Opinions 'do not necessarily re?ect the position of the United States Government in any
public presentations they make or articles they write -that relateto: any aspect of contract
- performance or the facility operations. - - - . 

'5 Article 21. Incident Reporting I. I
  The COTR shall be noti?ed immediately in the event. Of all serious inCidentS' The

COTR will provide after hours contact information to the Service Provider Serious incidents include, but are not limited to: activation of disturbance contrOl- -
team(s); disturbances (ineluding gang activities, group demonstrations, food 
.. boycotts, work strikes, work?place violence, civil disturbances/protests); staff- use of
including use _of lethal and less-lethal force (includes inmates/detainees in -

23
ICE.2012FOIA3030001560

 

 

 Telephone rates Iishall not exceed the dominant ean?iert'?rif'f rate  shall Conform to
3: all applicable federal2 state, andlocal telephone regulations: - 

D. For: shared acilitieS: -3The.service prettidergshall continue2 to with an:
 independent Telecomnuniications Company during-the term of this eontlfact and not:
thelCE degignated (DTS) contractorFor dedicatedFacilities: The  designated DTS shall  the exclusive
 2 provider. Of detainee telephones _-for this facility. This will occur. at the eX'piration of
 any current contract with a Telecommumcations Company: The Service'Provider;
 I 5 Shall-Intake allarfahgements withthe DTS: COntIaCtori-per the DTS Gent-met? The
. DTS Contractor shall hen-allowed  inStall Veindihgijdebit machines ahd shall receive.
57 1.00. percent. of all rev?ii?es Cdllected bys?l? of prepaid deb-if The DTS 7f
Contractor Shall "be responsible forj?lmishmg an inventoryiandsupply: eta-'11 DTS - 

calling SerVices tothelsemicePreYideh The be _f.?sponsible :ff

the histallatio?dfth?. equipme?tga?y'ind?thly telephd?e charges
@111. the bbe?tio? Of a?d  'Ih?illtena?CC..aiid?p?ra?ohf Of?ine'The.LSservicePrOv?ider.Shall Commissio??a-?feess  
I 3-1 generated by the'useioftheDTSOf the'detainee 
for serviceability, in accordance with. 
NE 20108. Z-National Detention'StaQndards and 

.  3     focedufes- 1 3 

 

--      

-. personnel mama been'js'sued Federal eavemm'omd wireless,  -
but not limited to, Cellular telephones, pagers for - 
 - are-authorized; topossessgand use 

a detainees: are Present; 3 - 

if]; 26