i PAGE OF '1 PAGE I I itTHIS CONTRACT IS A RATED ORDER . DPAS (15 CFR 350) I 35 '4 2. CONTRACT (Pm Inst. Idem.) NO. EFFECTIVE DATE 4. N0. ACD-3-C-0015 see item 200., below . s. ISSUED BY CODE :1 3v (frameriiran Item 5) CODE Department of Homeland Security I (formerly Immigration and Naturalization Service) 3rd Floor 7701 North Stemmons Freeway Dallas, Texas 75247 a. FOB ORIGIN Department of Homeland Security (fonherly Immigration and Naturalization Service) AGCPM - 3rd Ftoor 7701 North Stemmons Freeway Dallas, Texas 75247 7. NAME AND ADDRESS OF CONTRACTOR (Na, street city, county State anleP Code) OTHER bel CCA - Corrections Corporation of America 89 W) 10 Burton Hills Boulevard 9. DISCOUNT FOR PROMPT PAYMENT Nashviile, Tennessee 37215 10. SUBMIT INVOICES ITEM (4 copies unless chemise CODE FACILITY CODE THE ADDRESS 2 11. SHIP TOMARK FOR - CODE 12. PAYMENT WILL BE MADE BY com; Department of Homeland Security - Detention Removal Diapartment of Homeland Security 1? Houston, Texas - CCA Contract Detention Facility Dallas Finance Office 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA 10U502304(c)( I 41 I $411604,? (15.. 250? ITEM NO. 153. SUPPLIESISERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT CLINS 001, CONTRACT. DETENTION FACTLITYICDF), I . 302, 003, 004, in accordance with the attached Statement of See CLINS 001 - and 005 Work and contract award document. 002, 003, 004 and 005 set forth on Offerors technical proposal, as revised, Section B, Page 3 is incorporated in Section as attachment 11. 15G. TOTAL AMOUNT OF CONTRACT 10 362 375 . Is. TABLE OF CONTENTS - . (X) DESCRIPTION SEC. DESCRIPTION SCHEDULE PART II - CONTRACT CLAUSES XX SOLICITATIONICONTRACT FORM 1 XX I CLAUSES 3 XX 3 SUPPLIES OR SERVICES AND 7 PART - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. KX. STATEMENT i 53 xx 0F ATTACHMENTS I 1 PACKAGING AND MARKING PART Iv 4 REPRESENTATIONS AND INSTRUCTIONS INSPECNON AND ACCEPTANCE i? 2 REPRESENTATIONS, CERTIFICATIONS AND (X DELIVERIES OR PERFORMANCE 1 OTHER STATEMENTS OF OFFERORS (X CONTRACT ADMINISTRATION DATA 2 CONDS., AND NOTICES T0 OFFERORS (X SPECIAL CONTRACT REQUIREMENTS '4 EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OH 18 AS APPLICABLE 17. NEGOTIATED AGREEMENT (Con?actoris requ?ed 18. AWARD to Sign this document.) Your to sign this documentand return copies to issuing Contractor offer on Solicitation Number agrees to furnish and deliver all items or perform all the services set forth or Otherwise denti?ed above and on any continuation sheets for the consideration stated herein. The ights and obligations of the parties to this contract shalt be subject to and governed by the ?ollowing documents: this award/contract, the solicitation, if any, and (C) such revisions, representations, certifications, and speci?cations, .as are attached or ncorporated by reference herein. Mnadmwem?s are fisted herein.) . ?93. NAME OF CONTRACTOR including the additions or changes made by you which additions or changes are set forth in' full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the: iotlowing documents: the Government's solicitation and your offer, and this award/contract. No further contractual document is necessary. r9A. NAME AND TITLE OF SIGNER (Type orprint) Inn: Ill-ll? nl? Ann-mm.- 190. DATE SIGNED BY (Signature of person euthanized to sign) 200. DATE .4403 3N 7540-01-152-8069 26-192 - STANDARD FORM 26 (REV. 4-85) Prescribed by GSA FAR (48 53.214(a) Solicitation Number Contract Number Acp-3-c-0015 SECTION SUPPLIES OR SERVICES AND According to contract requirements, the Contractor shall provide one or more facilities, and all labor, materials and equipment necessary to operate and maintain temporary residential care and secured detention. for an estimated maximum of Nine Hundred and Five (905) persons (Adult males and adult females) per day. All services are to be performed at one or more locations within 35 miles. of the Houston, Texas, Bush Intercontinental Airport. This Section and the CLINS contained herein contemplate expansion of the existing facility for the purpose of increasing occupancy from the current maximum population (500) to an estimated maximum of 905. This Section further contemplates the time period for the construction of the expansion to be a minimum of twelve (12) to a maximum of eighteen (18) months from October 1, 2003. Thus, increased occupancy (in excess of 500 detainees per day) could occur during Option Period One. Accordingly, (1) the Base Period provides for an estimated maximum of 500 detainees per day (375 GM and 125 variable); (2) Option Period One provides for a maximum of 905 detainees per day (375 GM and 530 variable); and, (3) Option Period Two, Three and Four each provide for an estimated maximum of 905 detainees per day (679 GM and 226 variable). means Contract Line item Number. BASE PERIOD Base Period: The one (1) year period commencing on October 1, 2003 and ending on September 30, 2004. (366 days) UNIT EXTENDED CLI QUANTITY PRICE PRICE 0001 Guaranteed Minimum -- . - - 375 adults. Mandays 3 10,362,375 (375 persons 366 days) 0002 Variable -- price for the detention of each person Estimated in excess of the guaranteed Mandays . 3,454,125 minimum listed in CLIN 001 (125 persons 366 days) . 0003 Transportation Services Miles 61 ,758 0004 On-Call Posts Hours 159,257 BASE PERIOD TOTAL ESTIMATED PRICE 14,93;ng 0005 Adult Detainee Volunteer Wages FINAL - September 3, 2003 MARCH 2015 . Solicitation Number ACD-98-P-0022 7 OPTION PERIOD ONE Option Period Onez? CLIN 1001 1002_ 1003 1 004 1 005 MARCH 2015 September 30, 2005. (365 days) gum Guaranteed Minimum -- 375 adults. Mandays (375 persons 365 days) Variabie -- price for the detention of each person Estimated in excess of the guaranteed Mandays minimum listed in CLIN 001 (W4) (530 persons 365 days) Transportation Services I Miles On-Caii Posts Hours PERIOD ONE TOTAL ESTIMATED PRICE Adult Detainee Volunteer Wages FINAL - September 3, 2003 UNIT Contract Number AC f1?3-C?0015 The one (1) year period Commencing on October 1, 2004 and ending on EXTENDED 8 10,876,088 15,371 l537 63,474 164,066 26,475,165 Solicitation Number ., Contract Number . Acme?0015 OPTION PERIOD TWO Option Period Two: The one (1) year period commencing on October 1, 2005 and ending on September 30, 2006. (365 days) . . UNIT EXTENDED LIN QUANTITY PRICE PRICE 2001 Guaranteed Minimum 679 adults. Viandays" 5 20,580,218 (679 persons 365 days) 2002 Variable -- price for the detention of each person Estimated in excess of the guaranteed (W4) VIandays 5 6,849,970 (226 persons 365 days) 2003 Transportation Services Vliles (W4) 65,189 2004 On-Call Posts - -Iours 168,954 PERIOD TWO TOTAL ESTIMATED PRICE 27,664,331 2005 Adult Detainee Volunteer Wages 5 .. MARCH 2015 FINA september 3? 2003 Solicitation Number 3 Contract Number V7 5 OPTION PERIOD THREE Option Period Three: The one (1) year period commencing on October 1, 2006 and ending on September 30, 2007. (365 days) I UNIT EXTENDED CLIN - QUANTITY PRICE PRICE 3001 Guaranteed Minimum . 679 adults. - Mandays 21,403,031 (679 persons 365 days) 3002 Variable -- price for the detention of each person Estimated in excess of the guaranteed Mandays 7,123,836 minimum listed in CLIN 001 (W4) . (226 persons 365 days) . MM) 3003 Transportation Services Miles 3 67,762 3004 On-Call Posts Hours 174,000 OPTION PERIOD THREE TOTAL ESTIMATED PRICE 28,768,629 3005 Adult Detainee Volunteer Wages MARCH . Solicitation Number g? a OPTION PERIOD FOUR Option Period Four: CLIN 4001 4002 4003 4004 4005 MARCH 2015 September 30, 2008. (366 days) QUANTITY Guaranteed Minimum -- a 679 adults. Mandays (679 persons 366 days) Variable price for the detention of each person Estimated in excess of the guaranteed Mandays minimum listed in CLIN 001 (W4) (226 persons 366 days) Transportation Services Miles On-Call Posts Hours OPTION PERIOD THREE TOTAL ESTIMATED PRICE Adult Detainee Volunteer Wages -53- FINAL - September 3, 2003 UNIT PRICE Contract Number ACD The one (1) year period commencing on October 2007 and ending on EXTENDED PRICE 22,159,993 7,375,786 69,478 179,203 29,784,460 Solicitation Number . Contract Number My '16- Acn 243-0015 SPECIAL NOTES: 1. Reserved 2. This is an indefinite Deiivery, Indefinite Quantity (IDIQ) contract and the quantities indicated above constitute the Government's best estimate of the requirements. Evaluation and award of the contract wiII be based upon the sum of all of the line items. The guaranteed minimum for the base period will be obligated on the contract. The guaranteed minimum for the option periods will be on the modification document which exercises the option. The guaranteed minimum for any Options exercised under FAR 52.217-8 be on the modification I document which exercises the option. All other CLINs will be ordered by issuance of delivery orders. Guaranteed Minimum: will guarantee the usage of seventy-five percent of the estimated. maximum for the base period and for option periods two, three and four. The guaranteed minimum for option period one was computed differently in order to take into consideration the uncertainty as to the exact date of occupancy for the expanded portion of the facility. At the end of each performance period, should there be a shortfall in meeting the guaranteed minimum, the Government shaII make a lump sum payment from an invoice submitted by the contractor. The guaranteed minimums are as follows: . Guaranteed Estimated Performance Period Minimum Variable . Maximum Base Year - 500 First Option 905 Second Option (W4) (W4) 905 Third Option 905 Fourth Option abs 3. This Contract is renewable at the option of the Government in accordance with FAR clause 52.217- 8, ?Option to Extend Services". The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days before the expiration of the current performance period. In the eVent an option provision is exercised by the Government in accordance with FAR clause 52.217-8, "Option to Extend Services", the option period rates shall be the rates charged the Government in the contract period immediately preceding the exercise of the option. Additional will be created added on an as needed basis if and when option(s) under FAR 52.217-8 is [are exercised. Guaranteed minimum for any options exercised under FAR 52.217-8 will be on the modification document which exercises the option. At! other will be ordered by issuance of delivery orders. 4. Offerors must submit proposals for the base period and aft four (4) option periods. Failure to submit a proposal on the base period and this total requirement will be a basis for rejection of the offer. -5 0. FINAL - September 3, 2003, MARCH 2015 ICE2012FOIA03030.0030001- Solicitation Number Contract Number 5. In accordance with FAR clause 52216?27, the government reserves the right to make multiple awards in response to this solicitation. 6. Reserved. 7. Management, Oversight and Accreditation: It .is the contractor's responsibility to provide adequate and appropriate management oversight for the implementation and successful performance of the contract. Unless otherwise specified by an authorized representative, the contractor is required to perform in continual compliance with the most currenteditions of the INS Detention Standards and the American Correctional Association, Standards for Adult Local Detention Facilities (ACA ALDF). Accomplishment of some INS Detention Standards and ACA ALDF Standards are augmented by INS policy and/or procedure. In such instances, the Statement of Work identifies and provides direction for the advanced requirements. The contractor shall maintain ACA'accreditation throughout the life of the contract, inclusive of any option periods exercised. 8. Detention Standards: The Government requires compliance with the INS Detention Standards as part of this solicitation and any resulting contract. The contractor is further required to perform in continual compliance with the most current edition addition(s) of the INS Detention Standards. The contractor shall comply with and implement any applicable changes necessitated as a resuit of changes in INS Detention Standards or DHS policy and procedures. It is the contractor's responsibility to routinely review the INS Detention Standards. Should the Government invoke changes as a result of INS Detention Standards requirements, the contractor retains rights and remedies equitable adjustment) under the terms and conditions of the contract. . Timely compliance shall be construed to mean the contraCtor shall have 30 calendar days after the contractor identifies the requirement to propose remedies and provide supporting documentation. The contractor will have '30 calendar days from approval (by the Contracting Officer) to impiement begin compliance with the new standards. This time may be shortened or extended only by notice in writing issued by the Contracting Officer. In the event this solicitation or the resulting contract is in conflict with INS Detention Standards, the contractor shall give precedence to the INS Detention Standards (latest edition). Where the INS Detention Standards are more stringent than or conflict with the ACA standards, the INS Detention Standards will take precedence. The current internet address for the INS Detention Standards is: FINAL - September 3, 2003 MARCH 2015 ICE2012FOIAO3030.0030002 Solicitation Number I I 7 Contract Number ,7 i I ACD 1.00015 TABLE OF CONTENTS SECTION B, SERVICES AND ..4 SECTION C, STATEMENT OF WORK .. 6 SUBSECTION 1. ADMINISTRATION, ORGANIZATION AND MANAGEMENT .. 12 SUBSECTION 2. PERSONNEL ..14, SUBSECTION 3. TRAINING ..22 SUBSECTION 4. RECORDS AND REPORTS ..25 SUBSECTION 5. PHYSICAL PLANT ..27 SUBSECTION 6. SAFETY AND EMERGENCY PROCEDURES ..38 SUBSECTION 7. SANITATION AND HYGIENIC LIVING CONDITIONS ..40 SUBSECTION 8. MEDICAL AND HEALTH CARE SERVICES ..42. SUBSECTION 9. FOOD SERVICE ..47 SUBSECTION 10. SECURITY AND CONTROL. ..50 SUBSECTION 11. SUPERVISION OF DETAINEES ..55 SUBSECTION 12. DETAINEE RIGHTS, RULES, DISCIPLINE AND PRIVILEGES ..56 SUBSECTION 13. MAIL AND VISITING ..58 SUBSECTION I4. ADMISSION, ORIENTATION, RELEASE AND PROPERTY CONTROLS ..60 SUBSECTION 15. REMOTE CUSTODY AND TRANSPORTATION SERVICES AND ON-CALL POSTS ..62 SECTION D, PACKAGING AND MARKING ..THIS SECTION NOT USED SECTION E, INSPECTION AND ACCEPTANCE ..66 SECTION F, DELIVERIES OR PERFORMANCE .. ..68 SECTION G, CONTRACT ADMINISTRATION DATA ..69 SECTION H, SPECIAL CONTRACT REQUIREMENTS ..71 SECTION I, CONTRACT CLAUSES ..74 SECTIONJ, LIST OF ATTACHMENTS .. ..82 Attachment 6 - Department Of Labor Wage Determination Attachment 7 - Quality Assurance Surveillance Plan (QASP) Attachment 8 - Health Care Services Attachment 9 Detainee Telephone System Requirements Attachment #10 - Staffing Pattern On-Call Pest Consolidated Pricing Summary SECTION K, REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS ..84 SECTION L, INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR ..96 SECTION M, EVALUATION FACTORS FOR AWARD ..99 5,2. - (Revised Amendment O13) MARCH 2015 A. NOTE: MARCH 2015 Solicitation Number ., Contract Number ACD-3-C-OOI 5 SECTION STATEMENT CONTRACT DETENTION FACILITY INTRODUCTION BACKGROUND The US. Department of Justice, Immigration and Naturalization Service (hereinafter called the Service, INS or Agency) provides funds through contractual agreement to both public and "private sector entities for the safeguarding and care of service detainees. Contractors are responsible for the detention, security, control and well being of detainees, and accountable for the detainees? personal possessions. OBJECTIVE The contractor shall furnish, twenty-four (24) hours per day, seven (7) days per week, the necessary physical structure, equipment, facilities, personnel and services to provide a program of temporary residential care of detainee aliens of all nationalities in federal custody. The contractor shall furnish separated living quarters as follows: Adult male detainees - 740 beds, as follows: (A) 1 600 beds divided into multiple occupancy rooms, no room to house more than forty (40) detainees. - 140 beds divided into multiple occupancy rooms, no room to house more than twenty (20) detainees. (3) Adult female detainees - 1?5 beds, as follows: 60 beds divided into four (4) multiple occupancy rooms, no room to house more than fifteen (15) detainees. 105 beds divided into three (3) multiple occupancy rooms, no room to house more than thirty?five (35) detainees. (B) EXACT RATIOS CANNOT ALWAYS BE MAINTAINED. UNDER NO CIRCUM- STANCES ARE MALE AND FEMALE TO BE HOUSED IN THE SAME ROOM. THERE SHALL BE NO PROVISION IN THIS CONTRACT. JUVENILES. INS COTR RETAINS THE DISCRETION TO ASSIGN DORM PLACEMENTS I (Revised - Amendment 004) -5- Solicitation Number .1 Contract Number C. EXPLANATION OF TERMS 1. 2. 10. 11. '12. ADULT DETAINEE: Any detained alien eighteen (18) years of age or older. ACA: American Correctional Association. I ALIEN: Any person who is not a citizen or national of the United States. BOOKING: In the detention facility, it is a procedure for the admission of an detainee, which includes" searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's accompanying personal property. CLASSIFICATION: A process for determining the needs and requirements of aliens for whom detention has been ordered and for assigning them to housing units and programs according to their needs, security risk level and existing resources of the facility. CONTRABAND: Any item possessed by detainees or found within the confine? ment of the facility which is declared illegal by law or which is expressly prohibited by facility policies and procedures which have been approved by INS. CONTRACTOR: The entity which provides the services described in this state- ment of work. CONTRACTING OFFICER: An employee of the Immigration and Naturalization Service responsible for the complete conduct and integrity of the contracting process, including administration. after award. The only individualauthorized to issue changes to this contract. CONTRACTING TECHNICAL REPRESENTATIVE ICOTR): An employee of the Immigration and Naturalization Service, responsible-for monitoring all technical aspects and assisting in administering the contract. CONTROL ROOM: Integrates all internal and external security communications networks within a secure room. Activities conducted within the centre! room have a critical impact on the institution?s orderly and secure operation. DESIGNATED SERVICE OFFICIAL: An employee of the Immigration and Natur- alization Service designated in writing by the INS Officer-ln-Charge (OIC) to represent INS on matters pertaining to the operation of the facility. DETAINEE: Any person confined under the auspices and the authority of any federal agency, primarily the Immigration and Naturalization Service. (INS reserves the right to place detainees who are in the custody of the Bureau of Prisons, the US. Marshals Service or any person confined under the auspices and the authority of the INS or any other federal agency.) Many of those being detained may have substantial and varied criminal histories. MARCH 2015 7 Solicitation Number ACD ?ii-110022 13. 14. '15. is. 17. 18. 19. 20. 21,. 22. 23. MARCH 2015 Contract Number ACD-3-C-0015 DETAINEE RECORDS: Information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to: Form i-203, Detainer, Personal Property Receipts, Visitors List, Photographs, Fingerprints, Disciplinary Infractions and Actions Taken, Grievance Reports, Medical Records, Work Assignments, Program Participation, Miscellaneous Correspondence, etc. ?Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, tire, medical exigency, natural disaster or other serious incident FACILITY: The physical plant and grounds in which the contractor's serVices are operated. FACILITY ADMINISTRATOR: The Contractor official, regardless of local title jaii administrator, warden, superintendent) who ?has the ultimate responsibility for managing and operating the contract detention facility. FOOT CANDLE: A unit for measuring the intensity of illumination: amount of light thrown on a surface one foot away from the light source equal to one lumen. GRIEVANCE: A written complaint filed by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility. HEALTH AUTHORITY: Is the individual to whom has been delegated the responsibility for the facility's health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health- services provided to inmates. I HEALTH CARE: The sum of all actions taken, preventative and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions. HEALTH CARE PERSONNEL: Duly iicensed individuals whose primary duties are to provide health services to detainees in keepingwith their respective levels of health care training or experience. HEALTH-TRAINEE) PERSONNEL: (Medically trained personnel): Security officials or other contract personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care. IMMEDIATE RELATIVES: Spouses, children (including step?children and adopted children) and their spouses, parents (including step-parents), brothers and sisters (including step-brothers and sisters and half-brothers and sisters) and their spouSes. . Solicitation Number AC 24,. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. MARCH 2015 7 Contract Number ACD-3-C-0015 JUVENILE Any detained aiien under the age of eighteen (18) years. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest. DETAINEE- DAY: A twenty-four (24) hour period of detention; payment shall in-? cl'ude the day of arrival but n_ot the day of departure. MEDICAL RECORDS: Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse. The following information from these records shall be transferred to the detainee record; date and time of all, medical examinations and copies of standing or direct medical orders from the physician to the facility staff. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly arrived detainees who could pose a health or safety threat to themselves or others. ON CALL GUARD POSTS: Shall be operated on demand by the COTR and shall include, but are not limited to, escorting and guarding detainees for hearings, INS interviews, and any other location requested by the COTR. The numbers and frequency of these services shall vary,_ but to the extent possible, the COTR shall notify the contractor 4 hours in advance 0f such need, and of a schedule of remote posts to be manned. One guard shall be authorized for such posts unless, in the COTR's judgment, additional guards are required. POLICY: A definite written course or method of action which guides and: deter? mines present and future decisions and action. QUALIFIED HEALTH PERSONNEL: Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, comple- mentor supplement the functions of physicians and/or dentists who are licensed, registered, or certified, as appropriate to their qualifications, to practice. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility. RESTRAINT EQUIPMENT: This includes but is, not limited to: handcuffs, belly chains, leg irons, straight jackets, flexicuffs, soft (leather) cuffs, and leg weights. SAFETY EQUIPMENT: This includes but is not limited to fire fighting equipment, chemical extinguisher, hoses, nozzles, water supplies, alarm systems, port- able breathing devices, gas marks, fans, first aid kits, stretchers and emergency alarms. Solicitation Number AC 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. MARCH 2015 Contract Number ACD-3-C-0015 SALLY PORT: rAn enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there shall be no breach in the perimeter or interior security of the facility. SDEO: Supervisory Detention Enforcement Officer. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control detainees. Also electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security. SECURITY PERIMETER: The outer portions of a facility which actually provide for secure confinement of detainees. - SERVICE: The Immigration and Naturalization Service. SPC: Service Processing Center. STANDING MEDICAL ORDERS: Written orders, by a physician, to medical personnel for the definitive treatment of identified non-emergency self limiting conditions and for on-site treatment of emergency conditions. TOUR OF DUTY: A period of work consisting of eight (8) consecutive hours. TRAINING: An organized, planned, and evaluated aCtivity designed to achieve specific learning objectives. Training may occur on site, at an academy of training center, at an institution 'of higher learning, through contract service, at professional meetings or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements. TRANSPORTATION COSTS: Are for all materials,? equipment and labor necessary to respond to requests by designated officials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc. WEAPONS: This inciudes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical weapons (MACE), and -10- Solicitation Number "1 Contract Number l_ 5 This page deliberately left blank. MARCH 2015 11 Solicitation Number .. 7 ., Contract Number . - yr; SUBSECTION ADMINISTRATION, ORGANIZATION AND MANAGEMENT It is the contractor's responsibility to provide adequate and appropriate management oversight for the implementation and successful performance of this contract. The operation and control of the shall meet all guidelines'and standards as set forth in the American Correctional Association, Standards for Adult Local Detention Facilities and be consistent with INS policy as provided upon request by the Contracting Officer. The contractor will have eighteen (18) months from commencement of contract to become ACA accredited. The contractor shall, within nine (9) months from the date the contract facility becomes operational, formally. apply for accredita? tion to the American Correctional Association. The contractor shall furnish written proof of such application to the Service within five (5) days of the application. The contractor shall prepare and submit all policies, plans and procedures to INS for review and approval. All contractor?s policies, plans, and procedures requiredbe this statement of work shall be submitted to INS in accordance with Section of this contract prior to implementation. The contractor shall provide a system that ensures all written plans, policies, and procedures are reviewed at least annually and updated as necessary. The contractor shall provide written cert- ification that the review has been conducted. No plan, policy, procedure, or any changes under this contract shall be implemented prior to written approval by the Contracting Officer. The Contracting Officer, the COTR, and the Designated Service Official have the right to direct the contractor to cease immediately any practice which INS deems to be detrimental to the health, Welfare and rights of the detainees or any other individuals. Under this Subsection the contractor shall provide the following to NS: A. An operations manual that delineates the written plans, policies, and procedures neces- sary for the day-to?day operations of the facility. The plans, policies and procedures must meet minimum ACA standards and be consistent with INS policy as directed by the Contracting Officer. The manual shall be made available to all employees within the administrative area of the facility - - B. An overall Quality Assurance Plan that addresses critical, measurable operational performance standards for the seivices required under this contract. The contractor shall incorporate in the GAP a periodic system that reviews and updates the changesto all plans, policies and procedures. The QAP shall include a montth audit, or as directed by INS which shall include the performance review of the facility operations for com- pliance with the GAP and compliance with the requirements of this contract. The con- tractor shall notify the government 24 hours in advance of the audit to ensure the COTR is available to participate. The contractor?s OAP shall be capable of identifying deficiencies, appropriate corrective action(s) and timely implementation plan(s) to the Contracting Officer. C. An organizational chart detailing all employees by job description which also describes the structure of authority, responsibility and accountability within the facility. This chart shall be updated as necessary and available for review by upon request. All changes to the organizational chart shall be reviewed and approved by INS prior to implementation. D. The resume of any employee the INS determines critical to the operation of the facility to the Contracting Officer. INS must approve ail supervisory or management personnel before they perform any duties under this contract. MARCH 2015 12 Solicitation Number A Contract Number g' i E. Policy and procedures ensuring an open channel of communication between staff members and detainees. The policy and procedures shall identify detainee points of contact for problem identification and detail the contractors internal system of resolution or referral to appropriate officials. F. Project schedules, which includes a timeline chart showing key milestones necessary for completion of construction as well as the operational opening of the facility, including but not limited to: acquisition of necessary permits, construction schedule, availability of facility for INS equipment deliveries, installation of INS phone and computer lines, and ms staff training and familiarity with the facility. . The contractor shall participate in meetings of a liaison committee, established by INS. This committee shall consist of representatives of the following: Executive Office of immigration Review, legal representatives, local government officials, and appropriate INS personnel. See Section Deliveries or Performance Submittal Date. (Submittals shall be submitted throuqh the COTR to the Contractino Officer). 7 MARCH 2015 1-3 Solicitation Number - Contract Number ACD-98-P-0022 - I -. . SUBSECTION 2. PERSONNEL The contractor shall provide written plans, policies and procedures governing all personnel, to - include compliance With all federal requirements and the following specific items. They shall be prepared and submitted to INS for review and approval prior to implementation. Prior to any employee performing duties under this contract, the contractor shall compile all documents and certifications which demonstrate the employees? compliance with the terms and conditions for employment as required by this contract and provide them to the COTR. The contractor shall obtain written approval from the COTR, for each employee, prior to assignment of duties. A. The contractor shall furnish managerial, administrative, and personnel to accomplish all work required. The contractor shall provide full time and/or part time personnel to assure continuity of'staff coverage, to accept, house, supervise, discharge, and perform all ancillary functions of all detainees while in custody twenty-four hours a day, seven days a week. The Contractor shall, at all times, staff the facility to accommodate the maximum population of QQS detainees. Staff detention office ?s of both sexes shall be on duty at all times. The contractor shail previde a minimum of female officers per shift ex- cluding transportation. By noon each day, the co tracror all provide to INS the duty roster showing all assignments for the succeeding day. B. Contractor personnel shall be adequately supervised at all times: by individuals who are full time supervisors and have met the supervisory training requirements. In the ab? sence of the Facility Administrator, a designated person shall be placedin charge and shall have supervision as his primary function during the times he is in charge. Female detainees shall be supervised within the facility day room/dormitory only by female staff detention officers. When females are transported or are in custody under the on-call posts, there must be at least one female staff detention officer present. C. The responsibility for providing necessary translators or bi-lingual personnel for neces- sary communication with detainees who do not speak or comprehend the English language is with the contractor. Other than emergency situations, detainees shall not be- used for translation services. The contractor may utilize commercial phone language interpretive services to fulfill this requirement. D. Standards of employee conduct. The contractor shall develop standards of emp?ioyee conduct and specific disciplinary actions which are consistent with the Federal Standards of Conduct, 5 CFR PART 2635. The contractor shall hoid his employees accountable for their conduct based on these standards, which are not restricted to, but must include: (1) Contractor staff shall not display favoritism or preferential treatment to one detainee, or group of detainees, over another. (2) No contractor empioyee may deal with any detainee except in a relationship that supports the approved goals of the facility. Specifically, staff members must never accept any personal (tangible or intangible) gift, favor or service, from any detainee or from any detainee's family or close associate no matter how trivial the gift or service may seem, for themselves or any members of their family. Ail staff members are required to report to the Facility Administrator any violation or attempted vioiation of these restrictions. In addition, no staff member shall give - any gift, favors, or service to detainees, their family, or close associates. (Revised - Amendment 0004) MARCH 2015 .14 Solicitation Number Contract Number . ., 0015 (3) No contractor employee shall enter into any business relationship with detainees I or their families (example - selling, buying or trading personal property). (4) No contractor employee shall have any outside or social contact (other than incidental contact) with any detainee, their family, or close associates. (5) The contractor shall report all violations or attempted violations of the standards of conduct (referred to in this section) or any criminal activity to the COTR. Violations may result in employee dismissal by thecontractor or at the discretion of INS. Failure on the part of the contractor to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the contractor to appropriate action up to and including termination of the contract for defauit. (6) The contractor shall provide all employees with a copy of the contractor?s Standards of Conduct. All employees must certify in writing that they have read and understood these rules. A record of this certificate must be provided to the COTR prior to the employee?s beginning work under this contract. E. Securitv Requirements (Non-Classified Contract). The shall have and exercise full and complete control over granting, denying, withholding or terminating employment suitability clearances for employees who for any reason may visit the Worksite during the period of the contract and for all employees who have access to the detention facility in performance of the contract work. The INS may as it deems appropriate, authorize and grant temporary access to employees of the contractor, subcontractor, vendor, and/or volunteers who for any reason may visit the worksite during the period of. this contract and for all employees who have access to the detention facility in the performance of the contract work. The granting of a waiver to commence work shall not be considered as assurance that a fuli employment authorization shall follow as a result thereof, and the granting of either a waiver or a full employment suitability clearance shatl in no way prevent, preclude or bar the withdrawal or termination of any such access by INS, any time during the term of the contract. No employee of the contractor, subcontractor, vendor or volunteer shall be allowed access to the facility without an employment waiver or suitability determination by the INS Contract Security Office. Every month, at the beginning of the month, during the term of this contract, the contractor shall submit an employee roster to the COTR. The roster ,shall list the names and Social Security numbers, entrance on duty dates (EOD), and job titles of contractor employees, subcontractors, vendors and/or volunteers who have access to the detention facility in the performance of the contract work. All employees (to include subcontractors, temporary, part-time, replacement employees, and any other vendor or volunteers) under the contract shall have a position sensitivity. designation analysis performed by INS. Contractor?s guard or detention officer positions shall be at position sensitivity level 6, ?high risk?. Other applicant/employee positions that require that he/she shall have direct contact with detainees without an escort, the position sensitivity designation shall be at level 5 Moderate Risk. Positions which have no direct contact with detainees shall be designated at the level 1 Low Risk designation. The results of the position sensitivity designation shall identify the appropriate type of background investigation to be conducted. . (Revised - Amendment 002) MARCH 2015 - 15 Solicitation Number Contract Number I- ("-0015 Level 6 High Risk position designations shall require a Limited Background Investigation (LBI). Level 5 Moderate Risk position designations shall require a National Agency Check and inquiries investigation (NACI), and Level 1, Low Risk position designations shall require an FBI Name and Fingerprint check. All background investigations shall be processed through the INS Contract Security Office. All initial prospective contractor appiicants/employees shall submit the following compietedforms to the Contracting Officer VIA the COTR no less than 45 days before the facility becomes operational. Any new additional employees; whether a replacement, an addition, a subcontractor employee, vendor or volunteer, must submit the completed forms 30 days prior to entry on duty. 1. Standard Form (SF) 85P, ?Questionnaire for Public Trust Positions?, (original and one (.1) copy) 2. SF 85 PS: Supplemental Questionnaire for Selected Positions? (original I plus one copy) note: this form is used for guards or detention officers only- 3. Form FD-258, ?Fingerprint Card? (two copies) 4. Foreign Born Relatives Form (original and one copy) 5. Form I-9 ?Employment Eligibility Verification? or birth certificate (if a US citizen) The contractor (using INS Form G-736) shall also provide documentation that previous employers of all newcontract empioyees have been interviewed 'to ascertain the following information: 1. Verification of employment history (dates, salary, job titles and duties for the most recent 5 years) 2. Reason for leaving empioyment 3 Would employer re?hire the applicant - 4. Name of person contacted 5. Name of employee doing the interview on behalf of the contractor Necessary forms, except the Form i?9, shall be provided by the government upon cempletion of successfui negotiation at the time of award of the contract. Only complete security packages shall be accepted by INS contract security. Specific instructions on submission of packages shall be provided upon award of the contract. The contractor shall appoint a senior official to act as the Security Officer. This individual shall interface with the INS Contract Security Office, and the Contracting Officer through the Contracting Officer?s Technical Representative (COTR) on all security matters, to include physical, personnel, and protection of all information and data accessed by the contractor. - . MARCH 2015 Solicitation Number Contract Number MED-3410015 After a waiver has been granted to commence working, the contractor must submit within twenty-one (21) days, the results of a drug screening on the applicant, to the COTR. Such tests shall be obtained from a National Institute of Drug Abuse (NIDA) approved laboratory and screened for the presence of the following drugs or drug classes: amphetamines, cocaine metabolites, opiates (morphine/codeine), (PCP) and marijuana metabolites. (The reserves the right to expand the list above to include additional drug/drug classes). Contractor shall ensure that all federal, state, and local legal procedures are followed. Whether. or not included in these procedures, with regard to the specimen, contractor must ensure that the confirmations are correct and that an adequate chain of custody '"procedure exists and is followed. Drug screening for cause may be required by ms at any time. If the contractor has a random drug screening program; the results of each screening shall be provided to immediately. Drug screening shall be ordered and accomplished at contractor?s expense. shall have and exercise full and complete control over granting, denying, suspending, and terminating employment suitability checks for employees and prospective employees. If a report indicating the unsuitability of any employee is received after processing of these forms, or if a prospective employee is found to be unsuitable or unfit for his assigned duties, the COTR shall inform the contractor that the employee shall not either continue to work, or be assigned to work under the contract. For those employees cleared through this process while employed by one contractor, who is subsequently replaced by another contractor, the new contractor is not required to submit another set of these forms unless specifically requested to do so by the COTR. reserves the right and prerogative to require the contractor to remove any contract empioyee from the INS contract, terminate the services and restrict access to the facility of any contractor employees who may be an offender, or whose personal habits, criminal history or inclinations are in conflict with, DOJ standards of conduct, 28 CFR 45731.1 through 45.731.26 or who othenivise may be a security risk. The contractor shall notify the Contracting Officer through the COTR of all employee resignations, terminations, or transfers. The shall have the right to inspect the procedures, methods, and facilities utilized by the contractor in compiying with the security requirements under this contract. Should the determine that the contractor is not complying with the security requirements of this contract, the contractor shallbe informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The contractor must agree that each person employed by his firm or any subcontractor(s) shall: 1) have a social security card issued and approved by the Social Security Administration; 2) shall be a United States Citizen; or, 3) a person lawfully admitted into the United States for permanent residence, and have resided in the US. for the last five (5) years; 4) possess a high school dipioma, or equivalent and, 5) have no criminal record. Each employee of the contractor, and of any subcontractor(s), must complete and sign a Form 1-9, ?Employment Eligibility Verification?, before commencing work. The contractor shall retain the original Form l-9 and shall furnish the COTR a copy of the Form l-9 before the employee commences work. The contractor shall be responsible to for acts and omissions of his own employees and of any subcontractor(s) and their employees. MARCH 2015 - I. Solicitation Number 7' I ., Contract Number ACD-98-P-0022 ?015 Subject to existing laws, regulations and other provisions of this contract, illegal or undocumented aliens shall not be employed by the contractor, or any subcontractor(s), to work on, under or with this contract. The contractor shall ensure that this provision is expressly-incorporated into any and all subcontracts or subordinate agreements issued in support of this contract. F. The contractor must comply with the following requirements: 1. Education and Experience.? As a minimum, contractor employees shall possess a high school diploma or GED certificate and have at least two (2) years of exper- ience that demonstrates the following: The ability to greet and deal tactfully with the general public. A clear capability of understanding and applying written and verbal orders, rules, and regulations. All personnel shall be literate to the extent,of being able to read and interpret printed rules and regulations, detailed written orders, training instructions and materials, and must be able to compose reports which contain the informational value required by such directives. (0) Each officer shall possess good judgement, courage, alertness, an even - temperament, and render satisfactory performance by conscientiously acquiring a good working knowledge of his position responsibilities. The ability to maintain poise and self-control during situations that involve mental stress; this entails being able to withstand the accompanying excitement of fires, explosions, civil disturbances, and building evacuations. Any type of military service may be credited toward meeting the requirements in (through (01) above. Where experience needs to be substituted in lieu of the required education, or vice versa, a written request for the necessary waiver shall be made by the contractor for each employee affected. All waiver requests shall be transmitted through the COTR to the Contracting Officer for review and approval prior to any employee being assigned to duty under this contract. 2. Standard Reguirements. The following standards apply: Supervisors must be trustworthy individuals who have a minimum of three (3) years successtl detention experience in supervisory positions, or who have been advanced into supervisory positions through normal merit promotions within the contractor?s organization. This does not pertain to administrative, clerical or janitorial/maintenance staff who do not provide instructions or direction to detainees. All contractor employees shall be a minimum of 21 years of age. This age requirement may be waived for veterans of the Armed Forces after written requests are made by the contractor to the -18.- MARCH 2015 Solicitation Number (C) .1 . Contract Number All contractor employees shall have as a minimum one year?s experience as a law enforcement officer or military policeman or six months exper- ience as a security officer engaged in functions related to detaining civil or administrative detainees. This does not pertain to administrative, clericai or janitorial maintenance staff who do not provide instructions or direction to detainees. 3. Health Requirements. The contractor shall not assign at any time any employee who is not in good health, without physical defects or abnormalities which would interfere with performing detention duties. All security officers who work under this contract must have passed a medical examination conducted and approved by a licensed physician prior to initial assignment. Prior to the officer?s initial assignment or reassignment to the facility and at least annually thereafter, the contractor shall certify in writing to the COTR that each employee is in full compliance with the following: (C) (9) MARCH 2015 Empioyees must be free from any serious physical illnesses, ailments, or maladies, including epilepsy, or other diseases that may be transmitted to and result in the disabiement of other persons. They must have binocular eyesight and be able to distinguish primary colors. Contractor employees must be able to read at least 20/60 in each without the use of corrective lenses or must be able to read at least 20/20 in each with corrective lenses. Any employee whose driver?s license requires corrective lenses must wear them while on duty. Employees are required to' be able to hear adequateiy. Adequate hearing is hearing with normal speech range not to exceed a loss of 30 "decibels in both ears or 35 decibels in the poorer ear, without the use of hearing aids. No employee can be accepted who has heart, lung, skeletal, or other physical defects would impair, his ability to perform effectively in either normal or emergency situations?f'i; All personnel shall possess unimpaired use of hands, arms, legs, and feet. Everyone must be able to run when necessary, and must be capable of handling portable fire extinguishers, building fire hoses, and related equipment. . Employees shall be able to wear all necessary personal equipment, or other protective items for civil disorders or rescue work. Empioyees must be mentally alert and emotionally stable; absence of detectable neurotic or conditions which would adversely affect their ability to act properly during situations involving mental stress is required. Any changes in'the employees health status as it pertains to items through (9) above, shall be immediately reported to the -19- Solicitation Number - 4. Contract umber 5 Removal From Dutv. If the Contracting Officer or his designee receives disquaiifying informa- tion on a contractor employee, he shall direct that the contractor im? mediately remove the employee from performing duties under this contract or any other contract. The contractor must comply with all such directions. When any employee is removed from duty under these circumstances, the contractor shall revoke his identification credentials as necessary and properly complete any required dispositions. The contract- or shall immediately notify the COTR when the employee is removed from duty. Disqualifying information includes but is not limited to: . Conviction of a feiony, a crime of violence,-or a serious misdemeanor. (ii) Possessing a record of arrests for continuing offenses. Falsification of information entered on suitability forms. may direct that the contractor immediately remove from assignment to this contract any employee(s) who has/have been disqualified for either security reasons or for being unfit to perform their required duties as determined by the or Contracting Officer. The contractor shall . immediately notify the COTR when the employee is removed from duty] The contractor must comply with this direction. A determination of being unfit for duty may be made from, but is not limited to, incidents involving the most immediater identifiabie types of misconduct or delinquency as set forth below: 7 Violation of the Rules and Regulations Governing Detention Facilities set forth in NS Publications entitled "Detention Officer Handbook" and Administrative Manual, Section 2798." (ii) Neglect of duty, including sleeping while on duty, ioafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, and refusing to render assistance or cooperate in upholding the integrity of the security program at the work sites. Faisification of unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records. (iv) Theft, vandalism, immoral conduct, or any other criminal actions. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects. (vi) Unethical or improper use of official authority or credentials. (vii) Unauthorized use of communication equipment or Government property. ?20- MARCH 2015 Solicitation Number Contract Number .g Misuse of weapons. (ix) Violations of security procedures or regulations. Recurring tardiness. (xi) Possession of alcohol or illegal substances while on duty. (xii) Undue fraternization with detainees as determined by the COTR. Repeated failure to comply with visitor procedures as determined by the COTR. . (xiv) Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, tack of diligence, good judgement, and/or good common sense resulting in, or contributing to, a detainee escape. (xv) Failure to maintain acceptable leveis of proficiency or fulfill training 4 requirements. For changes in an employee?s ability to meet the physical and/or mental health requirements of this contract, reserves the right to require the contractor to remove, suspend or reassign employees under this contract. Employees removed under this contract cannot be employed on any other contract. G. All contractor staff, with the exception of administrative and clerical staff, will be in uni? form whiie on duty. The uniforms worn by contractor employees will be readily disting- - uishable in color and style from official uniformsworn by INS employees. Uniforms will be furnished to the contractor staff at no expense Government. H. The contractor shail not assign nor permit any uniformed employee to work under this contract more than a total of 12 hours of any 24 hour period. This shall include time employed not within the scope of this contract. All employees shall have a continuous eight (8) hour rest period within each twenty-four (24) hour period. I. The contractor shall immediately notify the COTR of any employee(s) terminations, suspensions, resignations, or any other adverse personnel actions taken for any reason. See Section Deliveries or Performance -- Submittal Date. (Submittals shall be sub- mitted through the COTR to the Contracting Officer). MARCH 2015 21 Solicitation Number ContractNumber ACD-93-P-0022 ,3 SUBSECTION 3. TRAINING A. The contractor shall establish an overall training program for all employees which incorporates the mandatory training requirements listed below as well as other related training courses developed by the contractor which are necessary for the successful operation of the facility. The contractor shall provide a training plan which shall include: course descriptions; detailed lesson plans which include subject matter and methods of presentation; course objectives; student evaluation procedures; instructor(s), the location, and duration of training. ?The training plan shall be submitted to the COTR for review and approval by INS no less than 30 days prior to implementation. B. Under no circumstances shall a contractor employee perform duties under this contract until all initial training, or refresher training as required in this subsection, is successfully completed and certified by the contractor in writing to the COTR for each individual employee. The COTR must provide written approval prior to any employee being assigned to perform any duties under this contract. C. The contractor shall ensure that the mandatory training as described in paragraph H. below, as well as the training required to be developed by the contractor in accordance with paragraph A. above, is_ provided to all empioyees. The contractor may either provide the required training or have an institution acceptable to the government provide the training. Failure of any employee to successfully complete mandatory training is sufficient reason to disqualify him/her for duty. All instruction shall be conducted by certified instructors. Instructors shall be certified by a state or nationally recognized institution unless othenNise approved in writing by the COTR or the Contracting Officer. All aspects of the training and all types of documentation associated with these programs are subject to evaluation, monitoring, and approval by the Contracting Officer or his designee. The contractor shall provide documentation of the training completed for each employee, including?but not limited to the amount of training hours, type of training, date and location of training, and name of the instructor, to the Contracting Officer. D. The contractor shall provide all ?clerical/support employees? who have minimal detainee contact with 22 hours of training in addition to orientation to be completed within 14 days of emplOyment and prior to being assigned to autonomous duties. The courses annotat- ed in paragraph H. below are mandatory courses. All employees in this category shall be given annual refresher training. Refresher training shall consist of the mandatory training annotated in paragraph H. below, and shall occur each subsequent year of employment. Reference paragraph 8. above. E. The contractor shall provide all ?support employees? who have regular or daily contact with detainees with 41 hours of training in addition to orientation which must be complet- ed within 14 days of employment and prior to being assigned to autonomous duties. All of the mandatory training courses described in paragraph H. below shall be included in the 41 hours of training required under this paragraph. All employees in this category shall be given annual refresher training. Refresher training shall consist of the manda- tory training described below, excluding and(f), and shall occur each subsequent year of employment. Reference paragraph B. above. MARCH 2015 22 Solicitation Number Contract Number - a Acne?cows F. The contractor shall provide all ?security personnel? with atotal of 160 hours of training - and orientation during their first year of employment. The contractor?s training shall include 80 hours of training in addition to orientation which must be completed within 14 days of employment and prior to being assigned to autonomous duties. All of the mandatory training courses described in paragraph H. below shall be included in the 80 hours of training required under this paragraph. All employees in this category shall be given annual refresher training. Refresher training shall consist of the mandatory training described below. Refresher training shall odour each subsequent year of employment. Reference paragraph B. above. G. The contractor shall provide each 'member of the facilities managerial staff with all of the mandatory training courses described below. These courses shall be completed within 14 days after employment. In addition, the managerial personnel shall complete 24 hours of general management training, during the first year and each subsequentyear of employment. I H. The following is a list ofmandatory training subjects and minimum hours of training that shall be included in the employees training program: (1) Constitutional Law (1 hr); (2) Ethics and Authority of Guards (2 hrs); Personnel Identification, Entry, and Exit Control (2 hrs); Identification and Control of Property (2 hrs); (5) Methods of Sabotage and Espionage (1 hr); Note Taking and Report Writing (4 hrs); Telephone and Radio Communication (2 hrs); (8) Security PatroI Methods and Observation (2 hrs); Preliminary Medical Assistance and Health Care Services (8 hrs) Including (10) Detention and Use of Force (2 hrs); - (11) Self Defense (1 hr); (12) Response To Crimes and Conducting Incident Inquiries (2 hrs); (13) Fingerprinting (1 hr); Human Relations (1 hr); 1? (15) Handling Disorderly Conduct Civil Disturbances and Other (Riot) Incidents (3 hrs); . Roies of Local, State, and Federal Law Enforcement Agencies (1 hr); (17) Preserving a Crime Scene (1 hr.) - (18) Courtroom Demeanor (1 hr.) Cultural Ethnic Sensitivity (2 hrs.) (20) Escort of detainees including vehicular transport (2 hrs.) (21) Orientation (8 hrs); Authority of Supervisors and Organizational Code of Conduct and Federal Standards of Conduct. 1 General Information and Special Orders For The Facilities To Be Protec- ted Under This Contract. Security Systems and Operational Procedures For The Premises That Shall Be Protected. Facility Self~Protection Plan or Emergency Operational Procedures For The Locations To Be Protected. Transportation route familiarization. . Custody and detainee escort requirements and procedures. MARCH 2015 ICE2012FOIA03030.0030021 23 Solicitation Number Contract Number ACD-98-P-0022 1- :3 Riv;va I. The contractor shall comply with the requirements of Subsection 1, paragraph 8. by including the development and implementation of a measurable proficiency testing program covering all aspects of the facility operation. The contractor shall conduct a written proficiency exam for each employee under this contract at least annually. Ail?new employees shall be tested initially within the first 30 days of employment under this contract. The contractor shall provide written documentation to the COTR, upon completion of each proficiency test, that certifies each employee has obtained, or is maintaining, the stated minimum level of competency. In the event an employee fails to meet the stated proficiency standards, the contractor shall immediately remove the employee from performance of duty under this contract. The Contractor may eiect to provide the appropriate remedial training and shall provide the documentation referenced above to the COTR prior to reassignment to duty. In addition to the annual proficiency test, INS reserves the right to have any individual employed under this contract tested by the contractor for proficiency. The results of the employee?s proficiency test shall be maintained by the Contractor and available upon request for review by INS. The contractor?s proficiency program is subject to the review and approval by INS_prior to being administered to the employees. See Section Deliveries or Performance Submittai Date. (Submi'ttals shall be submitted throuoh the COTR to the Contracting Officer). MARCH 2015 ICE2012FOIA03030.0030022 - 24 Solicitation Number . wry} Contract Number 3 . SUBSECTION 4. RECORDS AND REPORTS A. The contractor shall provide written plans, policies and procedures that describe the format and reporting criteria for all records and reports. All written plans, policies and procedures shall be maintained in both written manuals as well as electronic format. The electronic format must be in a common software format; that is compatible with the Service?s software. The contractor shall maintain all, logs and records required to operate and document both the operational and personnel aspects of the facility and to comply with the requirements oithis contract. All logs and records shall be maintained at the facility either in the control room housed in security file cabinets or in locked cabinets located within a properly secured and controlled file room. The file room shall be located within the Administrative area of: the facility. INS officials shall have the righttoinspect any and ail records, upon demand, at any time during the term of the contract or thereafter as specified below. INS reserves the right to require other records in addition to those listed below. All reporting requirements contained within this contract shall comply with this paragraph. B. The contractor shall not destroy any logs and records pertaining to this contract. At the completion or termination of this contract, the contractor shall turn over all logs and records as directed by the Contracting Officer. All logs and records generated as a result of this contract will be considered the property of the Government. C. The contractor shall record the following intake booking information for every person admitted to the facility: (1) Picture; (2) Alien file number; (3) Date of admissions; (4) Name 'of person; (5) Place of apprehension; (6) Current address (or last address); and phone number of close relative or' in the alternative a responsible contact person; (7) Form l-203, Order To Detain Or Release An Alien; (8) Name, title, and signature of delivering officer; (9) Name, title, and signature of receiving officer; (1 0) Sex; (11) Age; (12) Date of birth; (13) Place of birth/ Nationality; (14) Race; (15) Health status (receiving screening); (16) Notation of cash and all property; and (17) Additional information concerning special custody requirements (is. classification), service needs, or other identifying information; D. The contractor shall maintain custody records on all detainees assigned to the facility, that contain: MARCH 2015 25 Solicitation Number 1 Contract Number ACD-98-P-0022 1 (1) intake booking information; (2) Cash and property receipts; (3) Reports of disciplinary actions, incidents or crime(s) committed while in custody; and (4) Release information; E. The contractor shall maintain a daily control post log of all activities, security checks, headcounts, and daily manifest. These reports shall be provided to the COTR upon request. F. There shall be written policy and procedure requiring immediate reporting of all incidents that result in physical harm to or threaten the safety, health, and welfare of any person in the facility, or that threaten the security of the facility to the COTR or the Designated .Service Official. G. There shall be written policy and procedure identifying those persons within the facility and other authorized persons who have direct access to detainee records. H. The contractor shall provide written policy and procedure governing record and report management including but not limited to the establishment, utilization, content privacy, security, preservation and transfer of records to INS. l. The contractor shall furnish, on a daily basis, a manifest of all aliens currentiy detained in the facility. The manifest shall contain the following information for each detained alien: (1) File Number (system of. numbering supplied by INS) (2) Office received from (3) Name (4) DOB (5) Sex (6) Nationality (7) Date of arrival (8) Number of days the detainee has been in theifacility. J. The'contractor shall provide electronic access to the aliens records including medical records. The access may include connectivity via a LAN system or by at least three terminals within the Service office "space. The alien?s records shall include at least all the items in item of this section. Medical records review shall be limited to Service personnel identified by the Supervisory Detention and Deportation Officer or the Officer in Charge. K. Business and financial records maintained by the contractor for the general function of its business, and not maintained as a close and necessary adjunct of this contract are not covered by the FOIA or the PA. For example, personnel records of contractor employees are not governed by the provisions of the FOIA and the PA. 7 L. At the completion, or termination of this contract, the contractdr shall, upon written request of the INS, turn over all records required for the operation and performance of this contract to the INS. See Section -- Deliveries or Performance - Submittal Date. (Submittals shall be submitted throuqh the COTR to the Contracting Officer). -25- MARCH 2015 Solicitation Number ,2 Contract Number f" ACD-3-C ?015 SUBSECTION 5. PHYSICAL PLANT A. The contractor ?shall not change or modify any drawings, schedules, specifications, or documentation provided under this solicitation or contract, without prior written direction or approval of the Contracting Officer. The contractor shall provide a complete set of construction drawings, schedules, and cut sheets at the 35% and 100% design stage for review and concurrence by?the Contracting Officer. The 100% design shalt be provided to the Contracting Officer at least 60 days prior to commencement of construction. For facilities that are already constructed, the contractor shail pronde a copy of the physical plant design as it currently exists and any proposed changes that would be needed to comply with'this solicitation. B. The contractor must ensure that the facility conforms to all applicable zoning ordinances or, has obtained an approved variance under such laws, codes or zoning ordinances. The contractor shall demonstrate-to the NS compliance with the above requirements prior to occupancy. . C. The facility shall conform to all applicable state and local building and fire codes and applicable licensing requirements. The contractor shall obtain all State or focal licenses for the operation of the facility which indicate compliance with all building codes. in those cases where a license is not issued, letters or certificates of compliance are acceptable. in the event the facility is not subject to local (city and/or county) building codes, state codes shall be applied. In the event state codes are not available or applicable, appropriate national codes shall be applied. The contractor shall demonstrate compliance with the above requirements to the INS prior to occupancy. D. Evidence must be made available by the contractor, when requested, that the interior finishing materiai in all living areas, exit areas and piaces of public assembly is in accordance with recognized national fire safety codes. No facility furnishings, ceilings, partitions or floors shall be constructed of foamed plastics or foamed rubber unless the fire performance characteristics of the materials are in conformance with all the applicable building and fire codes.? E. The contractor shall provide a facility which ensures the safety, privacy, and basic human rights of all detainees. The contractor shall provide aifacitity which meets all the require-ments and scope of this contract, including but not limited to; accessibility, habitability, and protection of the general welfare of the detainees as well as allpersons requiring access to the facility. Failure of the . contractor to provide a fully functiopal and operable facility for the use intended shall be considered a failure to perform the material aspects of this contract, unless such failure results from circumstances beyond the contractor?s control. The facilities under this contract shall be, for the exclusive use of the INS. No prisoners, inmates or detainees from any other Federal, State, County, or City agency are to be housed in the contract facilities without specific advance written INS approval. F. The contractor shall meet the minimum design and space requirements described herein. if standards are not specifically stated, the American Correctional AssoCiation current as of the date of this solicitation, FOR ADULT LOCAL DETENTION are applicable and shall be met. 1. All single rooms or cells in the detention facility shall have at least 60 square feet of floor space, provided detainees spend no more than 10 hours per day locked in. When confinement exceeds 10 hours per day, there shall be at least 80 square feet of total floor space per Occupant. (Revised - Amendment 004) . MARCH 2015 - Solicitation Number "kvmwi? contract Number The rooms or cells in the facility shall have, at minimum, access to the following facilities: (1) I wash basin and drinking water; (2) toilet and shower facilities; (3) - hot and cold running water; (4) a bed and mattress above ?oor level; (5) a locker (secured to wall 01' floor) with individual lock; and (6) 8 natural light. The facility shall comply with and there shall be documentation as required by INS from an independent, qualified source acceptable to the Contracting Of?cer, that: lighting is at least 20 foot candles at desk level and in the personal grooming area; (2) circulation is at least 15 cubic feet of circulated air with a minimum of 5 cubic feet of outside air per human occupant; (3) Winter temperature range is 68 - 74 degrees Fahrenheit. Summer temper- ature range is 72 - 78 degrees Fahrenheit. (4) noise levels do not? exceed 70 decibels in daytime and 45 decibels at night. Multiple occupancy rooms (ddrmitories) shall house no less than 4 and no more than 40 detainees each, who have been screened prior to admission for suitability to group living. Dormitories shall be physically separated from day rooms and active exercise areas. ?The rooms shall provide: (1) continuous observation by staff; (2) a minimum floor area of 50 square feet per occupant the sleeping area and a clear ?oor to ceiling height of not less than 8 feet; (3) toilet and shower facilities; MARCH 2015 . Male: A minimum of one operable toilet for every twelve males and a minimum of one operable shower for every eight males. Female: A minimum of one operable toilet and one shower for every eight females. Solicitation Number (4) (5) (6) (7) (8) Contract Number vC-0015 one operable wash basin'with hot and cold running water for every twelve occupants; natural light; beds above floor level; a locker for each occupant with individual lock; electrical lights to supplement natural light as required. The facility shall comply with, and there shall be documentation as re- quireed by INS from an independent, qualified source acceptable to the Contracting Officer, that: (1) lighting is at least 20 foot candles at desk level and in the personal I grooming area; (2) circulation is at least 15 cubic. feet of circulated air with a minimum of 5 cubic feet of outside air per human occupant; (3) Winter temperature range is 68 - 74 degrees Fahrenheit. Summer temperature range is 72 - 78 degrees Fahrenheit. (4) noise levels do not exceed 70 decibels in daytime and 45 decibels at night. i 3. The contractor shall provide one segregation room for each twenty-five (25) detainees. The contractor shall provide a minimum of thirty six 36 segrega- tion rooms under this contract. All segregation rooms shall have: I The following physi?al characteristics; (1) (2) (3) a floor area of at least 70 square feet; a bed above floor level, desk or writing space and stool; and a door which permits observation by staff, and a room design which permits detainees to communicate with staff. Continuous access to the following facilities (1) (2) (3) MARCH 2015 above floor toilet facilities; hot and cold running water; natural light; and (Revised - Amendment 0004) -29- Solicitation Number Contract Number i ACD (4) access to showers which are separate from the other living areas. The following characteristics as documentation by an independent,qual-ified source acceptable to the Contracting Officer, that: (1) lighting is at least 20 foot candles at desk level and in the personal grooming area; (2) circulation is at least 15 cubic feet of .circulated air with a minimum of 5 cubic feet of outside air per human occupant; - (3) Winter temperature range shall be 68 - 74 degrees Fahrenheit Summer temperature range shall be 72 - 78 degrees Fahrenheit. (4) noise ievels do not exceed 70 decibels in daytime and 45 decibels at night. 4. The contractor shall provide an alien reception and release/intake area located inside the security perimeter but outside detainee living quarters, with the following components: m? One detainee search room of at least 30 square feet. Four (4) temporary holding rooms "Type as defined by the INS, ROOM DESIGN ABRIDGED EDITION, ATTACHMENT Two (2) hold rooms shall have a minimum capacity of 20 persons. The remaining two (2) hold rooms shall have a minimum capacity of 5 persons each. Each holding room shall have HEPA filtration if air is recirculated into the system. Each hold room shall have the capability for the viewing of Government supplied Detainee Rights video Processing area with counter and space for ID/photo/fingerprint of detainees. Medical screening room. See attachment 8. Shower facilities (one for every ten individuals in the intake area); 5_ showers required. Secure vault or room with property exchange counter for the storage of detainee personal property; at a minimum, one or more rooms containing at least 1500 cubic feet total for storage of detainee property; contractor shall provide shelving and/or a storage system for baggage and bqu storage including alien's personal clothing. Detainee institutional clothing exchange and storage room. INS furnished and installed telephone (minimum of four - one in each hold room. (Reference Subsection 13., paragraph F.). 60 square foot interview/visitation room. Three (3) secure 100 square foot rooms with' window in door in the intake area for INS use to process and interview detainees. The rooms shall have computer terminal drops and sufficient electrical outlets for computers, typewriters or other necessary equipment, INS phone lines. These rooms are for INS use only. 5. Two (2) weapons lockers, located outside the security area, and equipped with a minimum of twelve (12) individual compartments, each compartment with an individual lock and key. One weapons locker shall be located outside the door at the reception and release area and one weapons locker shall be located in the front public entrance. 6. When males, females and family units house detainees in the same facility they shail be provided separate quarters which are separated visually and acoustically and do not allow unauthorized access between the separate areas. MARCH 2015 (Revised - Amendment 008) -30- Solicitation Number 10. 11. 12. 13. 14. 15. 16. MARCH 2015 Contract Number . . K1: 1 The contractor shall provide physical security measures to ensure personnel, detainees, and property are adequately safeguarded. The facility design shall incorporate a security perimeter which prevents unauthorized ingress and egress from either within or outside the facility. All entrances and exits to and from the security perimeter (other than emergency exits) shall be by way of a secure sally port. There shalt be a secure sally port outside the reception and release area that is large enough to accommodate Two (2) commerciai (50 passenger) buses at the same time. An additionai sally port shall be iocated near the INS detention temporary hold cells design~ ed to hold one commercial bus. Access shall be such that the bus does not have to access I egress by backing up. Provide access to water and electrical outlets in secure parking area or sally port to be used by detainee volunteers wash and clean out Government vehicles. Govern- ment to provide necessary supplies. The facility shall have travei distances to exits within the limits specified by the Life Safety Code Handbook, published by National Fire Protection Agency, as follows: AREA NON SPRINKLED SPRINKLED Dormitory 100 Feet 150 Feet Work Area 100 Feet 150 Feet High Hazard Areas 75 Feet 75 Feet Dining, Recreation 100 Feet 200 Feet Office Areas 200 Feet 300 Feet There shail be at ieast two identifiable exits in each detainee housing area/cell block and other high density area to permit the prompt evacuation of detainees and staff under emergency conditions. The location of the exits shail be in accordance with the applicable fire codes. There shall be space for the secure storage of restraining devices and related security equipment. The equipment shall be iocated in an area which is readily'accessible to authorized persons only. The facility shall contain 19,250 square feet of day room space or day rooms must provide a minimum floor area of 35 unencumbered square feet per detainee expected to occupy the area at one time and be situated immediately adjacent to the detainee sleeping area. The?contractor shall provide sufficient day room space dedicated to social or sedentary indoor activities. The total square footage utilized for day room space must be acceptable to INS. The contractor shall provide sufficient indoor recreational equipment to support an active and passive recreation program. There shall be two (2) separate indoor exercise areag'i-af an additional 1,000 square feet each of unencumbered space with a ceiling height of 18 feet. ?These areas should contain equipment appropriate for indoor exercise and recreation needs. There shall be a minimum of one outdoor exercise area of a size consistent with the size of the detainee population and scheduling requirements. Outdoor exercise areas in facilities where 100 or more detainees utilize one recreation area--15 square feet per detainee for the maximum number of detainees expected to use the space at one time, but not less than 1500 square feet of unencumbered square feet. Outdoor exercise areas in facilities where fess than 100 detainees have unlimited access to an individual recreation area--15 square feet per detainee for the maximum number of detainees expected to use the space at one time, but not less than 750 square feet of unencumbered square feet. Each outdoor recreation area shall be of sufficient 7 square feet as described above and contain equipment appropriate to outdoor exercise needs. All dayroom and outdoor recreation requirements shall be in accordance with American Correctional Association, FOR ADULT LOCAL DETENTION FACILITIES (including the most current standards).? Exceptions will be made for a facility that has current accreditation and was accredited under pre-existing ACA standards. (Revised-L Amendment 008) -31.. Solicitation Number 17. 18. 19. 20. 21. 22. 23. 24. MARCH 2015 I Contract Number 7 ??m?ndff'y Visitation A. The facility shall contain a minimum of three (3) contact visiting rooms of, 75 square feet each. Contact visiting rooms must be sufficiently soundproofed to maintain audio privacy for persons within those rooms. B. The facility shall contain a minimum of Sixteen (16) additional non-contact cubicles. These cubicles must be sufficiently soundproofed to maintain audio privacy for normal conversations. The contractor shall provide space for its administrative, professional and clerical staff, which shall include conference rooms, employee lounge, male/female locker room with showers and toilets, storage room for records, public lobby with toilet facilities. There shall be at least two multipurpose rooms, in addition to the dayroom, availablelfor detainee activities such as religious services, educational programs or library in each room. Floor area in an amount of 1,005 square feet (200 square feet for the first 100 aliens and one square foot for each additional alien of capacity) shall be provided. Separate rooms shall be dedicated for both male and female detainees to obtain hair care services. The rooms shall be located so as to permit observation by staff and not be used for food preparation or storage. There shall be closets for the storage of cleaning equipment which are well ventilated and furnished with a sink and located in each principal area of the facility. All closets shall be tamper resistant, secure, and inaccessible to detainees. Cleaning chemicals shall not be stored within the dorm/dayroom areas. Access to storage rooms containing cleaning chemicals shall not be from within the detainee dorm/dayroom areas. Only contractor personnel are authorized to dispense cleaning chemicals to the detainees. These chemicals shalt be appropriately diluted prior to dispensing to the detainees. . The contractor shall provide storage space for clothing, bedding and facility supplies and equipment. Areas shall be secure and inaccessible to detainees. All materials shall be securely stored within the designated storage rooms. Temporary storage of these items outside the designated rooms shall not be permitted. The contractor shall provide separate and adequate space for all mechanical maintenance equipment, as well as appropriate building and grounds mainten-ance equipment. This component includes shop, storage spaces and staff work spaces required for the physical upkeep of the facility and site. - The contractor shall provide in the medical (health care) unit, in addition to office space, examining room(s) and secured storage the following rooms: (See attachment 8) a. Four (4) general medical wards, each capable of housing four (4) detainees, with a toilet and sink in each room. b. Two (2) Respiratory Isolation rooms, each capable of hoUsing one (1) detainee, with a toilet and sink in each room. Each room shall have an atrium with a hand washing sink. Each room shall: . (1) conform to ?Type hold room requirements, (Attachment (2) contain a ventilation system in conformance with ?Supplement 3: Engineering Controls,? Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health - Care Facilities, 1994, as provided in the INS Health Care Program Policy Manual (see Subsection 8). b. A common bathing room which includes a handicap-accessible bath tub to be used by all medical isolation rooms. c. A secured room in which to accommodate a pharmacy. The room shall have a cashier type window to distribute medication. Additionally, all windows and doors are' to be alarmed and unique locks shall be installed on all medication storage cabinets. (Revised - Amendment 008) -32- Solicitation Number if Contract Number . 25. Contractor shall provide, as a minimum, office space for the following government personnel: Requirements for Staff: Sq. FtJUnit Total Sq.Ft. Title Office Type Number circ.20%) lmm. Judge Private 150 Support Staff Open 83 Shared ADP Wk St 60 Secure Hearing Room Private 600 Corridor 0 Case File Rm.--Cabinets 18 TelephonicNideo Hearing- 200 Conference Room Requirements per office: ReceptionNVaiting Open 200 Mgmt. Off. Private 130 Law Clerk Private 125 Storage Private 200 Break Rm. Private 150 ADP Private 120 Restroom?M Private 50 Restroom?F Private 50 Hearing rooms to be complete with dias and salty port to the security perimeter, and shall at a minimum include the following: A table for the detainee and his/her attorney(s), a lectern, and rail dividing the public from the court. The hearing rooms should be designed to provide optimum acoustics. Provide standard gypsum board with metal stud framing, equipped with insulation material within the wall structure to reflect an S.T.C. rating of 40-45 or equivalent. Security and communication systems to be provided in the hearing room include a microphone, a telephone/external speaker phone (telephone equipment capabilities shall include telephonic transmissions via full duplex provisions), duress alarm signal at the judge's bench and video monitoring of the space. shall furnish the hearing rooms with the following courtroom furnishings: A- Judges? bench B- Pews for public seating The contractor shall ensure that any stainivells and doorways for access to the courtroom shall accommodate the installation and removal of the furnishings to and from the facility. All such doors shall be a minimum of 42 inches wide. The TelephonicNideo hearing-conference room shall have a large conference table capable of seating a minimum of six (6) people; as well as separate seating for five (5) people within the room; provide standard gypsum board with metal stud framing, with an S.T.C. rating of 40-45 equivalency. . If these rooms are co?located with other INS personnel, separate rooms are not required for the Immigration Judge?sStaff. However, the rooms must be located adjacent to the Immigration Judge?s staff to permit access without having to pass through the detention areas. Attorneys: 2_ private offices of 150 square feet each. i Attorneys' clerical staff 2 employee): 60 square feet each located adiacent to attorneys' offices. (Revised - Amendment 008), MARCH 2015 -33- Solicitation Number i Contract Number ACD-98-P-0022 Supervisory Detention and Deportation Officer: 2 private offices of 200 square feet each to be located in the administrative area. (93) Deportation Officer 11 private offices of 120 square feet each to be located in the administrative area. 800 square feet of open space for Deportation Clerks with electrical and ADP service for 12 locations. INS Detention Operations. There shall be a separate area forle Detention Operations. This space shall be near INS Deportation Operations, however there must be a locking door separating INS Detention space from Deportation space and/or EOIR space. (1) Within the INS Detention Operations area there shall be the following: Temporary holding cells with HEPA filters on exhausted air if circulated back into the system for: Capacity of 50 aliens - two (2) cells (ii) Capacity of 5 aliens - four (4) celis one of which has three (3) secured beds (no benches) Temporary hold cells are to be soundproofed from all offices. Supervisory Detention Enforcement Officers: 1 private office for four (4) Supervisors 500 square feet with full view of Detention Operations Area; Chief Supervisory Detention Enforcement Officer: 1_ private office of 120 square feet. Detention processing area: 1875 square feet to include the following: One multilevel 12' 4' processing counter with electrical and computer outlets. (ii) 7 One 16' 4' processing table for enforcement processing to accommodate 4 aliens and 4 officers. . One or more benches to accommodate 25 aliens within the processing area. (9) Squad Room: 1300 square feet. Fioom must be adjacent to the Detention processing area with clear visibility from one room to another. Consulate interview Rooms: Three (3) rooms, 120 square feet each. Rooms must be adjacent to the Detention processing area, and the inside of each room must be visibleJrom the Detention processing area for security reasons. (9) Secure Property room with shelving (approximately 70 square feet) for use by . . 26. Contractor shail provide public areas as follows: public waiting room, public receptionist/security post with counter, public weapon lockers, small lockers for purses, visitor processing area with metal detector, a drinking fountain nearby, vending machines, public telephones, and pubiic restrooms. - . . 27. The shared waiting shall have contractor provided security during normal business hours. The exterior entrance into the waiting room shall have visual and audio monitoring and electronic release'iocated in the Detention Operations Area for after hour control/access. The shared waiting room shall have separate entrances into and INS Space and doors shall have secure windows. There shall be two (2) public telephones available in the waiting room 28., Contractor shall provide 136 free parking spaces, for the exclusive use of the government, as follows: 60 INS employees 35 NS government vehicles 3 Buses, (Revised - Amendment 008) MARCH 2015 .- Solicitation Number 38. 39, 4o. Contract Number ACD-3-C-001 5 10"? 6 Executive Office of Immigration Fieview (EOIR) 12 U.S. Pubiic Health Service personnel 10 NS visitors 10 Detainee visitors Each space to be marked accordingly. Proposed marking of spaces to be approved by COTR before marking. Parking areas must be provided with lighting to allow foradequate security during the night. AREA MUST BE SECURE WITH LIMITED ACCESS CONTROL. - Handicapped parking must be provided in accordance with local zoning codes. The parking area for ms and EOIR employees must be near the building and iocated in a manner that allows easy access to the entrance of the building. . Contractor shall provide sufficient parking spaces for contractor employees and visitors either adjacent to or in close proximity to the facility. . . Contractor shall provide a lunchroom large enough to accommodate government employees. Contractor will provide drinking fountains for employees in the lunchroom and in the Administrative area.? Lunchroorn shall have a sink with garbage disposal, counter (with electrical outlet), storage space, and space for Government furnished standard size refrigerator with ice maker. The shall meet handicapped access requirements. There shall be a separate deg-Signated kitchen area for food preparation that fully meets all state and local sanitation requirements. - . A separate INS Contractor shall provide and instaii fully wired detainee telephones hookups within the facility. A ratio of one (1) telephone for every twenty (20) detainees or portion thereof will be required. The number of telephones located within each areashall be based upon the maximum capacity of the rooms where installed. Telephones shall be located within all the detainee day rooms, segregation, intake/processing, and outside all hold rooms. One telephone must be instalied in a male day room which fully complies with the American Disabilities Act. The teiephone hookups must be installed to assure that the telephones are no less than 36 inches apart. (Reference Subsection 13., paragraph F.). The contractor shall provide two (2) temporary holding rooms "Type as defined by the INS, FIOOM DESIGN ABRIDGED EDITION, ATTACHMENT Each hold room shall be 200 square feet, located adjacent to the three Secure Hearing Rooms. These rooms shall be utilized for the? Staging of detainees awaiting hearings. Sufficient space located outside the hold rooms is required for a security otficer(s). Access shall not be through INS space. The contractor shall provide a siecurable room for INS files, minimum of 300 square feet to be located in or adjacent to the administrative area. The contractor shall provide a securable room for computers, minimum of 120 square feet with separate climate control system and dedicated electrical circuits to accommodate Government LAN system. All government areas to be equipped with sufficient conduit to wire for computers and Federal telephone system. All government areas to be equipped with adequate and accessibte power outlets including dedicated outlets as needed for INS equipment, copiers, fax machines, computers, etc. Provide 300 square foot conference room and provide conduit and wiring for federal telephone system telephones in or adjacent to the administrative area. The Contractor shall provide INS "employee only" male/female locker rooms with restrooms and showers. The contractor shall provide sufficient full size lockers for ail INS Detention and Deportation Officers assigned at the facility. A 300 sq ft carpeted exercise room will be located nearby with easy access to these locker rooms. There will need to be two electrical outlets on each wall. The Government will provide the equipment fer this room. (Revised - Amendment 008) MARCH 2015 Contract Number ACD-3 -Cw0015 Solicitation Number ACD-98-P-0022 41. The contractor shall provide secure space within the secure perimeter, either a dedicated room or within a multipurpose room, for books and materials to provide a reading area - "Law Library" - in accordance with service policy and procedures. (See ATTACHMENT 42. The contractor shall-provide Within the INS area a 300 square foot securable room for supplies and equipment. . 43. All exterior doors to INS space shall be secured with an electronic card key or equivalent security (lock) system. There shall be an alternate manual locking system in case of electrical failure. See Section Deliveries or Performance Submittal Date. (Submittals shall be submitted'throuqh the COTR to the Contractinq Officer). The next page is 38 MARCH 2015 Solicitation Number Contract Number - SUBSECTION 6. SAFETY AND EMERGENCY PROCEDURES A. The facility shall comply with all applicable federal, state and mtmicipal sanitation, safety and health codes. The contractor shall provide copies of the certificate(s) which-docu- - ment the compliance with these codes to-the COTR prior to occupancy. B. The contractor shall provide written policy and procedure which specify the facility's . - locally approved fire prevention plan and procedures to ensure the safety of staff, detainees, and visitors, to the COTR. The plan shall include, but is not limited to: provision for an adequate fire prevention service; a system of fire inspection and testing of equipment by a local fire official at least quarterly; and availability of extinguisherlat appropriate locations through the facility. There shall be a fire and safety inspection of the facility at least weekly by a properly trained and qualified Safety'Officer, and docu- mented to the A locally certified fire alarm and smoke detection system shall be provided by the contractor covering every area of the facility. All safety and emergency inspections shall conform to the applicable ACA standards. INS may perform inspec- tions as deemed necessary to assUre compliance with all Health, Safety and Emergency procedures. C. The contractor shall comply with all appliCable federal, state, and municipal safety regula- tions in the performance of this Contract. The contractor shall prepare a complete report and provide it to the within 2 working days of any job related injury. D. The contractor shall assure that the facility is a smoke free environment. E. The contractor shall prepare a written evacuation and alternate staging plan for use in event of fire, major emergency or should the facility become unfit for its intended use. The contractor shall obtain written certification from a fire department inspector that the evacuation plan meets national fire safety codes . The contractor shall review the plan annually. The contractor shall update the plan as necessary and reissue to the local fire jurisdiction and the COTR. (See, SUBSECTIQN .10, Paragraph N). The plan shall - include: . (1) location of building/room floor plans; use of exit signs and directional arrows for traffic flow; (3) location of publicly posted plan; at least quarterly staff drills Of ali facility locations; and (5) temporary staging location and method of controlling detainees removed'from the facility during an emergency for a period not 'to exceed twelve (12) hours or as directed by the COTR. . .. .F. . The contractor shall establish written policy and procedure specifying a primary and secondary means for the prompt release of detainees from locked areas in case of emergency. G. The contractor shall train all facility personnel in the implementation of all written emer? gency plans. (See SUBSECTION 3, Paragraph .. .. MARCH 2015 Solicitation Number Contract Number {3022 . . The contractor shall provide a written emergency plan approved by the COTR for ayacuating and housing the INS detainees in another location in the case of a natural disaster, fire or other disaster that would reqUire the detainees to be relocated. The - emergency plan shall include the mode of transportation, method of evacuation, person- nel utilized and an anticipatedlocation of the temporary relocation site. The contractor shall. establish a written policy and procedure governing the storage of-ali flammable, toxic and caustic materials in accordance with all applicable iaws and regulations. (See SUBSECTION 10, Paragraph - The contractor shall ensure that the facility has the fully functional equipment necessary to ensure automatic transfer of services for essential lights, power and communications in an emergency. The contractor shall provide a plan detailing the location of master control panels, valve shutoffs as well as the areas supported by the emergency power and communications systems, to the COTR. - The contractor shall ensure that all exits are marked, kept clear and in usable condition. - The contractor shall provide documentation, by an independent qualified source that both' . the interior finishing materials in living areas, exit areas and places of- public assembly conform to recognized national safety codes and are in accordance with the facility materials specifications as prescribed by the project architect. There shaIl be at least two separate and identifiable exits in each detainee living area and other high density areas to permit the prompt-evacUation of detainees and staff under emergency conditions. These exits shall lead directly to a hazard free area where direct supervision in accordance with the contractor?s approved pelicies and procedures shall. be provided. The contractor shall install an emergency facility lockdown system comprised of electronic locking mechanism to control all entrances/ exits at the perimeter of the facility; This system shall have a remote Override system, with controls located at the central control room. THE FACILITY SHALL ALSO ENSURE THAT ELECTRONIC RELEASE MECHANISMS IN THE CONTROL AREA CAN BE LOCKED OUT IN THE EVENT OF EMERGENCY TO ENSURE NO RELEASE MAY BE MADE FROM THE INTERIOR OF THE FACILITY SHOULD THE CONTRACTOR LOSE POSSESSION OF THE CONTROL ROOM. . . The contractor shall provide for auxiliary power to operate all emergency lighting, tele- phones, computers, cameras, electronic locks and other-essential security equipment. See Section Deliveries or Performance Submittal Date. (Submittals shall be submitted through the COTR to the Contracting Officer). -39.. MARCH 2015 Solicitation Number Contract Number Acuua .p_0022 I .ACD-3-C-0015 SUBSECTION 7. SANITATION AND HYGIENIC LIVING CONDITIONS The contractor shall provide a program for the control of. vermin and pests. This program .shall include inspections and treatments as necessary. All inspections and controls shall be performed by a licensed pest control "specialist. The contractor shall provide documentation of all inspections and corrective actions when accomplished to the The contractor shalt provide written certification prior to occupancy that the facility water supply meets all applicable laws and regulations of the governing jurisdiction, to the . The contractor shall have a daily housekeeping plan for the facility's physical plant. The contractor shall make arrangements and be responsible for periodic scheduled cleaning of floors, windows, furnishings, fixtures, and grounds necessary to conform with the applicable health and sanitary requirements. All facility maintenance (including janitorial service) is the responsibility of the contractor. The contractor shalt keep all facility floors, hallways, and exists free of barriers, impedi- ments, and hazardous substances. - The contractor shall provide for both liquid and solid waste disposal. I The contractor shall provide for the issuance of clean, suitable and presentable clothing to all detainees consisting of: A) a'uniform or jumpsuit which shall aid in identifying the detainees and their designated classification and work areaassignments, B) footwear, and C) three (3) new sets of appropriate undergarments consisting of cotton shorts briefs, panties, thermal long sleeve top (cotton poly blend), brassieres and seeks upon being booked into the facility. Items listed in C) above shall not be reissued to any other detainee and shall be disposed in accordance with the contractor?s policy and procedures. Uniforms or jumpsuits shall be cleaned, dried and reissued at least twice weekly, scheduled at least three (3) days apart, to each detainee. The contractor shall provide for the cleaning of undergarments every other day and shall ensure the same undergarments are returned to the appropriate detainee. The contractor shall use individual mesh laundry bags which are identified with the detainee?s name/number. The contractor shall ensure that all laundry is cleaned and dried using standard commercial . practices. The contractor shall maintain all garments and footwear in good condition and replaced as necessary. The contractor shall provide the appropriate? seasonal outerwear when necessary for moVement of detainee(s) outside the facility. Detainees shall not be allowed to wear personal clothing or a mixture of issued and personal clothing. The contractor shall provide for theis?suance of suitable linen and towels as-described below, to detainees. The standard issue of bedding shall include 2 sheets, 1 pillow, 1 pillow case, 1 noncombustible mattress with cover and clean blankets to provide comfort 'under existing temperature Conditions. (The materials of the items issued must meet current Standards). The contractor shall provide a clean towel and bed linen at least twice weekly, scheduled at least three (3) days apart, to each detainee, - -40- MARCH 2015 Solicitation Number I . Contract Number I H. The contractor shall previde at no cost articles necessary for maintaining personal hygiene to each detainee. Each detainee shall have soap, toothbrush, toothpaste or_ powder, a comb and toilet paper. The contractor shall provide shaving equipment and hair care services upon request, and shall provide for the special hygiene needs of women. l. The contractor shall ensure the water temperature for showers or bathing is thermostatic- ally controlled to ensure the safety of the detainees. - J. The contractor shall provide hair care services by individuals skilled in hair care. The facilities used for hair care shall be located so as to permit observation by staff, and equipment shall be stored securely when not in use. The hair care area shall meet all applicable state and local sanitation requirements. See Section Deliveries or-..Performance Submittal Date. (Submittals' shall be submitted through the COTR to?the Contracting Officer). . - 41 - MARCH 2015 Solicitation Number - - 'l Contract Number - Ami AGDEC0WS m" SUBSECTION 8. HEALTH CARE SERVICES The U. S. Public Health Services (USPHS) will be responsible for providing all health care services provided under contract for detained aliens in the custody of the ms. The USPHS shall provide medical coverage at the facility no less than twenty-four (24) hours per day, seven (7) days per week. See Attachment 8 for spaCe requirements. I . USPHS will provide prescribed and over-the-counter medicine, centrol and administer all medica- tions; - The contractor shall provide security with a minimum of a staff of one at all times. When patients are housed in the in?rrnary, a security shall be posted to the unit 24 hours a day, seven days a week. The contractor shall coordinate and escort detainees to the medical clinic for sick call, appointments and pill line. - Note: Optimum functioning of health services depends on a continuous ?ow of patients to and from the clinic with an average of one patient per provider every 10 minutes. Throughput for a clinic of this size could be as high as 200+ patients per day. Escort personnel will have to be assigned accordingly. The contractor is 're3p0nsible for transporting detainees to the hospital and outside medical appointments as needed. The contractor shall provide the detainees written instructions for gaining access to health care services. Procedures shall be explained to all detainees in the detainees' native language, and orally to detainees' who are unable to read, in accordance with Subsection 2 paragraph C. The detainee shall similarly be provided instructions and assistance in personal hygiene, dental hygiene, grooming and health care. It shall be made routinely available. The USPHS shall provide for medical screening upon arrival at the facility performed by health care personnel or health trained personnel. . When communicable or debilitating physical problems are suspected, the detainee shall be separateed from the detainee population, and immediately notify USPHS staff. Behavioral problems (detainee who is not diagnosed as and suicide observation be the responsibility of the contractor. Written policy and" de?ned procedure shall require that detainee's written health complaints are . solicited and delivered to the medical facility for appropriate follow-up. Written policy and de?ned'procedure shall require that health care complaints are responded to and that sick call, conducted by USPHS personnel is available to detainees daily. If a detainec's custody status precludes attendance at sick call, arrangements are made to provide sick call . services in the place of the detainee's detention. A minimum of one sick call shall beconducted daily. USPHS reserves the right to conduct triage and sick call in the place of the detainee's detention. - . The USPHS shall provide to the contractor and maintain basic first aid kits. First aid kits shall be available at all times and shall be located throughout the facility, as necessary, to allow quick access. - (Revised - Amendment 008) -42- MARCH .201 5 - Solicitation Number - . I Contract Number . a. K. ALL EMPLOYEES shall have current certi?cation in emergency first aid procedures, including Cardiopulmonary Resuscitation (CPR). (Reference Subsection 3, paragraphs and L. Training program (see subsection 3, paragraphs a through-e) for the facility staff, is established by the responsible health authority in cooperation with the Facility Administrator, and provides - instruction in the following areas: (1) the ability to respond to health related situations within four minutes; (2) recognition of signs and and knowledge of action required in potential emer- gency situations; (3) administration of ?rst aid and Cardiopulmonary Resuscitation (4) methods of obtaining assistance; (5) recognition of signs and of mental illness; retardation, emotional disturbance and chemi?al- dependency; (6) procedures for patient transfers to appropriate medical facilities or health care providers; (7). administration of medication by non medical personnel; (8) Use of universal precautions. Note: in the event an injury or illness is determined to be caused by the contractor, a cure letter . will be issued. This cure letter will state the problem(s) (de?ciencies), indicate remedial action(s) and request a written reply. (The remedial action(s) must be taken immediately, the written reply .will be due within ten (10) days.) Failure to take corrective action(s) immediately could result in contractual monetary adjustment for, action(s) taken by INS to correct the de?ciencies. or possible contract termination. 0 See Section Deliveries or Performance Submittal Date. (Submittals shall be submitted through the COTR to the Contracting Of?cer). - The next page is 47 (Revised Amendment 008)- . .43- MARCH 2015 Solicitation Number Contract Number ACD-98-P-0022 - . 0015 Pag? 44 Intentionally Blank -44- MARCH 2015 Solicitation Number 3 Contract Number - ACD- Page 45 Intentionally Blank -45- MARCH 2015 Solicitation Number "4.3 - Contract Number ACD-98-P-0022 . Adm?00015 Page 46 lntentibnally Blank -45- MARCH 2015 Solicitation Number -- . .. - Contract Number SUBSECTION 9. FOOD SERVICE The contractor shall furnish documentation annually that a registered dietician or nutritionist has reviewed the menu and shall certify compliance with the dietary allowances aspublished by the National Academy of Science, to the The- documentatibn and certification shall be submitted prior to opening and at least annually thereafter. Preparation of the menu shall account for the cultural diversity and dynamics of the detainee population. The menu shall be signed by the registered dietician or nutritionist indicating approval of nutritional adequacy. The contractor shall serve only meals that comply fully with the approved menu. The contractor shall prepare'menu cycles or proposed menu changes seven days in advance of the next cycle or proposed implementation date for review and approval by A minimum of twenty-one day cycle shall be used. The contractor-shall provide notification of any substitutions or changes in the meals actuatly served on the menu by a registered dietician or nutritionist in accordance with paragraph A above. The contractor shall not make any substitutions or changes to the menu or the actual meals served without prior written approval of. the Menus shall be evaluated at least by facility food service staff to verify adherence to the nationally recommended daily servings or servings as directed by the facility physician. A file of tested recipes adjusted to a yield appropriate for the size of the facility is to be maintained on the premises for review by the COTR as necessary. The contractor shall prepare all meals on-site. The contractor shall provide a written emergency food service plan to the COTR in the event of non-availability of meals at the facility.* The contractor shall provide a? separate room for meal preparation, servicing and handling of food which is utilized exclusively for this purpose. Meal preparation shall emphasize food flavor, textLIre, temperature, appearance and palatability'. Food should be served as soon as possible after preparation and at an appropriate temperature. reserves the right to monitor palatability, appearance, temperature and texture. The contractor shall use pork or products containing pork in any menu item under this contraCt. - . The contractor shall immediately provide for special dietary needs as prescribed by appropriate medical/dental personnel or as directed by the and, to the extent 'possibie in compliance with the recognized religious or medical needs of the population. Special diets should be kept as simple as possible and should. conform as closely as possible to the foods served the other detainees. The contractor shall provide three meals at regular meal times during each 24-hour period. No more than 14 hours between the evening meal and breakfast and a minimum of two hot meals every 24 hours shall be allowed. A minimum diet in every 24-hour period must consist 'of the full number of servings which meet provisions of the recommended dietary allowance. Meal service shall be in' accordance with the contractor?s approved policy and procedure. The contractor shall provide either the evening meal or a sack iunch for detainees who arrive at the facility after the evening [neat Contractor shall provide a sack lunch for detainees, in custody and who are absent during any meal. -47- MARCH 2015 Solicitation Number .3 Contract Number ACD-98-P-0022 - ACD-S-C-OOIS I. Sack meals shall consist of: 1 Sandwich - Meat (2 02. Total of Protein to include any of the following: Beef/Chicken/Turkey) Cheese - I 1 Set Condiments (Mustard/Mayonnaise) 1 Medium Fresh Fruit (locally available) 1 Carton Milk/Juice Punch (8 02.) I 1 Napkin Sack meal sandwiches shall be individually wrapped to protect against deterioration as well as to promote sanitation. Sack meals, shall be packaged in disposable boxes or bags and stored in insulated containers which _shall maintain temperatures of 45 degrees. Fahrenheit. Bags/boxes should be marked with the date and time of preparation on the outside. Sack meals which exceed twenty-four hours (24) from the time of preparation shall be considered as I expired and not provided to detainees. J. The centractor shall not use withholding of food as a means of discipline or punishment. - K. The contractor shall designate a staff member experienced in food service management to be responsible-for food service and operations. - L. There shall be group dining, except where security or safetyconsiderations justify other procedures. . M. The contractor shall ensure that all meals be served under direct supervision of security officers, . -. N. The contractor shall ensure there are: (1) Weekly inspections of all food service areas, including dining and food prepara- tion areas and equipment; - (2) Sanitary temperature-controlled storage facilities for all foods; (3) Daily checks of refrigerator and water temperature by administrative, medical or" dietary personnel; - (4) Adequate loading/unloading areas and garbage disposal facilities. 0. The contractor shall ensure that food service facilities, equipment, preparation and serving of meals as wellfas-all cleanup and disposal meet all federai, state and local safety and health standards, as applicable, and that food service personnel comply with applicable health regulations. - - 48 MARCH 2015 Solicitation Number .2 3 I ACD-98-P-0022 Contract Number ACD-3-C-0015 V. The contractor shall ensure that the supplies delivered under this contract comply with the Federal Food, Drug, and Cosmetic Act, Meat Inspection Act, and applicable regula- tions. This requirement shall apply regardless of whether or not the supplies have been shipped in interstate commerce. . - The contractor agrees that livestock products purchased for consumption under this contract shall be purchased only from firms conforming to'the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906). INS may conduct sanitary inspections and product examinations at anytime and at any location where food or food products for this contract are processed, prepared, handled, stored, distributed from or served. The contractor shall supply the COTR with a directory of all sources of supply, the time and date of receipt of raw materials, supplies, and schedules for food preparation and serving.* The contractor shall provide a canteen, over which strict operational and fiscal.controls are maintained, from which detainees, using their funds, can purchase items not furnished by the facility. The shall regularly review and approve the items to be sold. The price of the items shall not be higher than the average community retail price. The proceeds, after deduction of legitimate operating/personnel expenses, shall be placed in the detainee recreation/welfare fund account. These funds shall not be commingled wit'h'any other funds, and shall be utilized by the contractor only to provide additional goods and services which benefit the well being of the detainees as directed by the COTR and approved by the Contracting Officer. Any expenditures of funds from this account shall only be made" with approval of the Contracting Officer. At the end of the contract period or as directed by the Contracting Officer, a check for any balance remaining in this account, along 'with any accrued interest, shall be made payable to the Treasury General Trust Fund and given/transmitted to the Contracting Officer. may conduct, at it's expense, laboratory sampling and analysis on any food, food product, or component thereof'prqvided under this contract. Frequency of government verification laboratory testing shall? be either on a lot by lot basis or skip lot basis. The intensity frequency sampling shall be at the discretion of the COTR and of sufficient - extent to assure the Contracting Officer that the contractor is meeting all requirements. All government laboratory analysis shall be conducted in government or government approved labOratories with the exception that the Hobart Fat Percentage Measuring Kit, Model 101, may be used to determine the fat content of ground beef. Government verification laboratory analysis shall be conducted to determine product compliance and/or inadequacy of the contractor's laboratory testing procedures, results, or facilities. Samples taken by the for testing shall be at the expense of the vendor. INS reserves the right to reject any food, product, or component thereof upon Which the or authorized Service representative has determined unacceptable. See Section Deliveries or PerformanCe Submittal Date. (submittals shall be submitted throuoh the COTR to the Contractino Officer). -49- MARCH 2015 Solicitation Number I - I Contract Number ACD-3-C-0015 Al". . .SUBSECTION 10. SECURITY AND CONTROL A. .The contractor shall provide written policy, plans, and procedures for security and controls including procedures for emergencies, contained in a? manual which is provided to all staff for their review. Each staff member shall certify in writing that they have read, fully understand, and agree to comply withthe procedures outlined in the manual. The contractor shall maintain staff certifications and make them available to INS upon request. The contractor?s comprehensive seCurity plan-shall include, at a minimum, the following physical security controls: environmental surroundings; barrier perimeter protection; protective lighting; employee parking; access control devices; intrusion detection system; closed circuit television; and design fabrication for dormitories, segregated cells, and processing holding area. B. The contradtor shall provide to the COTR written policy, plans, and procedures for the supervision of detainees while in the custody of the contractor. C. The contractor shall provide the facility with a Control center and sufficient staff to provide full 24-hour coverage of designated security posts, surveillance of detainees, and to perform all ancillary functions including but not limited to escorting detainees to EOIR hearings and the medical unit. Around?the-clock supervision and regulation of detainee movement shall onlv be performed by securitv officerfs) approved by the COTR. D. The contractor shall provide direct supervision in all detainee areas to permit officers to hear and respond to emergency situations. There will be a sufficient number of guard posts within or immediately adjacent to all detainee housing areas. When a guard post is located outside of a detainee area, the guard must be able to clearly view into the area and hear sound without'electronic aid to ensure prompt response to emergencies 0r inquiries from detainees. A minimum of 1 officer per forty (40) detainees must be on post . and a minimum of one (1) officer must be assigned specifically to monitor each hoUsing 'unit containing forty or more detainees. Under no circumstance will an officer be - assigned to monitor more than two (2) housing units, even when the total detainee . population is less than forty (40). E. The contractor shall establish a control room log book which contains a written record prepared by the control room officer, of the following, for each shift: (1) personnel on duty; (2) detainee population chart (detainee counts, shakedowns etc.); - (3) detainee movement in and out of the facility - (4) shift activities (security checks, meals, recreation, religious services etc.); (5) entry and exit of attorneys and other visitors; and (6) unusual occurrences. F. The contractor shall provide a system which documents and monitors detainee move- ment and physically counts detainees at least four (4) times per day with no less than one detainee count per eight hour shift. The contractor?s proposed system shall be subject to the approval of NS prior to installation. - - -50- MARCH 2015 ACD?98-P-nozz - G. The contraCtor shall ensure that there be at least daily inspections of all security aspects of the facility, conducted by a properly trained security officer as approved by INS. Ail bars, locks, windows,'walls, floors, ventilation covers, glass panels, access plates, protective screens, doors and other security facilities shall be checked carefully for operational wear and detainee tampering. The contractor shall provide written reports of these inspections daily to the Facility Administrator_and the Ali defective equipment shall be replaced or repaired immediately. H. The contractor shall conduct thorough searches for contraband at least twice of all detainee living quarters and other areas to which detainees have access, as well as, all vehicular traffic and? supplies entering and leaving the facility. Searches shall be' unannounced and irregularly timed and shall be conducted with minimum disturbance to detainee possessions. Only contraband items shall be confiscated. Records of searches shall be prepared and maintained. A copy shall be provided to the as part of the daily incident or activity report.* I. The contractor shall provide a written policy and procedure governing the control,and use of keys.* All INS and" areas shall have a separate key control system as prescribed by the INS. Fire and emergency keys for the facility shall be made available in both the contractor?s administrative area and the INS administrative area. I J. The contractor shall provide written policy and procedures governing the control and use of tools and culinary equipment.* The control system must provide for tools brought'into . the facility by outside maintenance persons. - K. The contractor shall ensure that detainees are never in possession of items such as lye, insecticide, antifreeze and denatured alcohol. Such materials shall be stored in secure areas that are unaccessible to detainees. (See SUBSECTION 6, Paragraph H.) L. The contractor shall prepare comprehensive post orders for each staffed post in the facility and provide to INS for review and approval prior to implementation.* Any changes to post orders shall be submitted in writing and approved by the prior to implementation. Post orders shall be available to all empigyees. All staff members shall . certify in writing that they fully understand and agree to corripiy with all' post orders prior to the officer being initially assigned to that post. Staff certifications shalt be retained by the contractor and made available to INS upon request. M. The contractor Ishall provide written procedures which govern the handling of escapes.* - The procedures shall be reviewed at least annually and updated as necessary. INS shall be notified IMMEDIATELY of any escape. I (1) . The contractor assumes absolute liability for the escape of any detainee in its custody. . (2) INS may make deddctions due to nonperformance under the inspections - clause(s) of the contract. - - - 51 - MARCH 2015 Solicitation Number Contract Number ACD-3-C-0015 (3) Escapes shall be grounds for removal from duty of the employee(s) responsible if the employee(s) was determined to be at fault by. the government or the contrac- tor. This is in accordance with. SECTION C, SUBSECTION 2, Paragraph F. 4 of the contract. . (4) Corrective actions shall betaken- immediately and verbally communicated to the for approval. A written report of the remedial action shall be due within five. . (5) days to the - N. The contractor shall provide written plans, policies and procedures which have been fully coordinated with local officials and INS, that specify actions to be followed in emergency situations, including, but not limited to fire, disturbance, taking of hostages, and evacuation of the including the medical unit. These are to be made available to applicable personnel and reviewed and updated annually.* The contractor shall have sole responsibility for the detention, security, control and well-being of the detainees, including transportation in the event of an evacuation. INS shall be notified immediately of any emergency. INS reserves the right to take over control of the operation of the facility at any time necessary to preserve the health, safety, and welfare of detainees'and INS employees. .This action does not relieve the contractor of any responsibility or liability under this contract. The contractor shall obtain and provide to INS prior to the facility becoming operational, written certification that all such plans, policies, and procedures have been provided to the local officials.* The contractor shall immediately provide all comments or concerns expressed by the local officials to the INS. 0. The use of physical force by facility personnel is restricted to instances of justifiable self? protection, protection of others, protection of property, prevention of escapes, and only to - the degree necessary to safeguard the well being of the detainee(s) 'and others in the immediate area. A verbal report shall be provided to the COTR immediately. A written report shall be prepared prior to the responsible officer(s) being relieved of their shift. A copy of the report shall be submitted within twenty?four (24) hours to-the COTR through - the facility-administrator} - . The physical force report shall include: (Reference Subsection 4. Paragraph F.) (1) An accounting Of the events leading up to the use of force; (2) An accurate and precise descriptiOn of the incident and reasons for employing force; (3) A description of the injuries suffered, if any, and the treatment given and/or received, and; - - 2 (4) Alist of all participants and witnesses to incident. In no case shall force be used as punishment or discipiine. . 52 MARCH 2015 ICE2012FOIA03030.0030049 Solicitation Number ?8-13-0022 P. . . . I Contract Number . (1) The contractor shaltprovide written policy, and procedure governing the use of restraint equipmeptf Restraints shalt not be used in the facility except as stated in the policy and procedures or untess approved in writing by the in case of emergencies, verbal notification shall be provided to the COTR immediately and a written report shall be prepared and submitted'to the fotlowing _a_il uses of restraint equipment. Instruments of restraint shall never be applied as punishment or for more time- than is absolutely necessary. instruments of - restraint shall be used only (1) as precaution against escape during transfer; (2) for medical reasons, by direction of the medical authority; or (3) to prevent detainee self-injUry, injury to others or property damage. (2) The contractor shall ensure that restraint equipment is accurately inventoried and recorded.- . The contractor shall provide a written policy and procedure for the following: - (1) Pat down inspections are conducted when. there is a reasonable belief that the detainee is carrying contraband or other prohibited material. I (2) Strip searches are authorized upon entry into the facility or after contact visits with persons other than the alien's attorney, and at all other times based on .. reasonable suspicion?'and approved by the facility administrator or his designee. Ali such inspections shall be conducted in privacy by at least two persons of the same gender as the detainee. Under no circumstance shall the contractor conduct body cavity searches. When it is determined by the COTR that there is reasonable cause for body cavity searches, the searches shall, only be conducted by the health authority or by medical personnel at a medical facility off?site. "The contractor Shall provide bailiffs (officers), when the Immigration Courts are in I session, to escort people into and out of the courtrooms and to maintain security while the courts are in session. This duty includes both regular and telephonic courts. The contractor shall provide additional bailiffs for Multiple Accelerated Special Hearings (M.A.S.H. - large group of? detainees) 'to ensure adequate control is maintained in the hearing rooms. .The number of additional bailiffs may vary from hearing to hearing . dependent upon'the hearing circumstances. The contractor shall provide additional bailiffs as needed for special or dangerous aliens. The contractor shall adhere to all scheduled detainee hearings. Detainees shallrbe presented. to the hearing room in a timely manner. When necessary, the contractor shall ensure detainees are present for hearings past the normal courtroom schedule. Detainees shall not be removed from the hearing room area without authorization from the immigration Judge or the The contractor shall not'permit weapons, of any kind, to be taken into the security perimeter of the facility by any person. The contractor shalt ensure all weapons are checked and sectrred in appropriate Weapons-lockers. The weapons lockers shall be located outside the sally port of the reception/release area and in the public lobby entrance. The- contractor shall immediately notify INS of any detainee?s being placed into the segregation unit and the reason for the action. The contractor shall provide a written report (or copy thereof) of the incident ivithin 24 hours of the occurrence to the The contractor shall also provide daity writtenstatus reports of the detainees in the segregation unit to the -53- MARCH 2015 Contract Number Solicitation Number ACD-3-C-0015 ACD "itow?; V. - The contractor shall provide electronic cameras for surveillance purposes throughout the facility, inside and outside, with the capability to record at least two areas at the same time. The recordings shall be conducted automatically on" a random basis twenty-four hours a day. Tapes shall be maintained for at least seventy-two hours. The tapes shall be the property of the INS and shall be surrendered to upon request. See Section -- Deliveries or Performance Submittal Date. (Submittals shall be submitted throuqh the COTR to the Contractino Officg). - -54- MARCH 2015 Solicitation Number Contract Number 1.x I ACD-98-P-0022 - - mos?c-0015 .95 a. SUBSECTION 11. OF DETAINEES The contractor shall provide 24-hour supervision of all detainees. The contractor shall not put detainees in a position to supervise, control or exercise any authority or appearance of authority over any other detainees. The contractor shall ensure all detainees are subjected to a pat down, hand held metal detector or strip search whenever entering or leaving the security perimeter. (See - SUBSECTION 10, Paragraph 0.) i - The contractor shall previde work opportunities for detainee volunteers subject to the approval of (INS. (1) The contractor shall solicit volunteers and provides list of volunteers to the The number and activities of such volunteers shall be controlled and apprOved by the prior to the assignment of the activities. The contractor shall provide direct supervision of detainees at all-times While performing these activities. The contractor shall pay the volunteers a stipend at the standard rates used in" Service Processing Centers (Present rate is $1.00 per day [Limited to eight (8) hour maximum in any 24 hour period]). The detainees shall be paid weekly and upon discharge. from the facility. The contractor shall maintain records of hours worked, and provide a written report weekly to the Wages paid by "the contractor_to the volunteers shall be reimbursable by INS and shall'be paid to the contractor upon submission of an approved invoice, pursuant to SECTION G. (2) NS will not guarantee that sufficient volunteers shall be available for these projects. The contractor remains fully responsible to perform all Services required under this contract without interrtiption nor diminishment of service regardless of the availability of detainee volunteers. . - - (3) Creation of work opportunities is viewedli'iifzgimarily as a benefit to INS. and the- detainees'in custody. It should not be considered by the contractor as an" opport- unity to diminish services or responsibilities. The contractor shall permanently staff all dormitories with direct supervision in accord- ance with the requirements of Subsection 10, paragraph D, unless as otherwise directed .by the COTR. . see Section Deliveries or Performance Submittai Date. (Submittals shall be I submitted through the to the Contracting Officer). -55- MARCH 2015 Solicitation Number I Contract Number Ar?o?98-P-0022' ACD-3-C-OOIS SUBSECTION 12. DETAINEE RIGHTS, RULES, DISCIPLINE AND PRIVILEGES I Detainees shall not be subjected to disCrimination based on race, national origin, color, creed, sex, economic status or political belief. The contractor shall ensure that all detainees are assured equal opportunities to participate in all facility programs and all administrative decisions are made without discrimination. The contractor shall ensure that detainees' civil rights are not violated. - The contractor shall ensure that all discipline is strictly administered in accordance with policy for disciplinary procedLires at its Service Processing Centers. (See ATTACH- MENT. INS (COTR or his designee) can authorize a detainee be placed in administrative segregation accordance with Attachment ii 3, section iv, paragraph A, subparagraphs 1-4.- i The contractor shall post a list provided by ms of current pro?bone attorneys willing to represent detainees at the facility. This list shall remain posted at all times in an area near or adjacent to the detainee telephone system in each housing unit. One additional phone list shall be posted in the visitor entry location to the facility for viewing by visitors and attorneys (or legal representatives The contractor shall ensure and facilitate the right of detainees to have reasonable access to attorneys and their authorized representatives. The contractor shall recognize the right of detainees to practice the religion of their choice. Every reasonable effort shall be made by the detention center-staff to facilitate the free practice of religion, limited only by legitimate security and operational considera- tions. All detainees shall have access to religious resources, services,? instruction or - counseling on a voluntary basis. The contractor shall inform detainees of opportunities available in religious programming by posting religious service schedules in the dorm/day room areas. This should not be construed, however, as requiring that the contractor provide religious services for each and every denomination represented in the detainee population, but is intended to insure that every detainee has religious opportunities. The contractor shall provide detainees protection from personal abuse, corporaipunish- ment, personal injury, disease, property damage, and harassment. The contractor shall provide for INS approval a written policy and procedure which provides detainee(s) as well as any other individual a means to report alleged misconduct and/or incident(s) under this contract-.* The contractor shall report all allegations made by any individual concerning incidents or misconduct immediately to the The contractor shall immediately report all investigations which it is undertaking to the COTR. The contractor shall provide a written report to the COTR within 24 hours of all findings and/or disciplin- ary actions taken in accordance with approved policy and procedures. Reference Sub- section 4., paragraph F., (Records and Reports). The contractor shall provide written rules of detainee conduct (See ATTACHMENT reviewed and approved by the INS, which specify acts prohibited within the facility and penalties that may be imposed for various degrees of violation.* These rules shall be provided to all detainees, and procedures shall be in place for ensuring that all detainees understand the rules. The written rules of detainee conduct are revised annually and updated, if necessary, to ensure that they are consistent with INS policy. -55- MARCH 2015 Solicitation Number Contract Number HG. All contractors shall. provide sufficient training to all personnel so that they are thoroughly familiar with cultural diversity and the rules of detainee conduct, the sanctions available,- and the rationale for the rUIes. (See SUBSECTION 3, Paragraph D.) The contractor shall provide written policy and procedure to ensure detainees have access to the law library.* I . I. The contractor shall provide, upon request, mesh turbans to all detainees as required for religious purposes. J. The contractor shall provide plans, policies and procedures for documenting all detainee - complaints concerning food and'other living conditions.* The procedures shall require _the Contractor to investigate the complaints, determine if they have merit, propose corrective actions and provide a written report to INS. The contractor shall notify the COTR of all such detainee complaints and actions taken to resolve issues. K. The contractor shall adhere to the detention standards as per INS Detained Alien Recreation Policy and in accordance with applicable ACA standards. (See Attachment No. 2) - See Section Deliveries or Performance Submittal Date. (Submittals shall be sub? mitted through the to the Contracting Officer). - - -57- MARCH 2015 Solicitation Number It"! - . Contract Number Ave-93-19-0022 . - SUBSECTION 13. MAIL AND VISITING A.. The contractor shall provide written plans, policy and procedures governing detainee correspondence.* All regulations pertaining to detainee correspondence shall be avail? able to staff members and'posted within detainee areas. B. - There is to be no limitation on the volume of mail a detainee may send or receive, except as provided in this paragraph. The contractor shall provide detainees who are without funds, a specified postage allowance of two postage stamps per week for domestic first class letters 1 02. or less. In addition, the contractor shall provide to detainees who are without funds, unlimited postage allowance for attorney and court correspondence. C. Detainees shall be permitted uncensored correspondence so long as such correspond? ence poses no threat to the safety and security of the institution, public officials, or the general public as defined by ACA Standards. - D. The contractor shall provide written policy and procedure providing for the inspection of detainee mail in the presence of the detainee to intercept cash, checks, money orders, identity documents and contraband.it Cash, checks or money orders shall be removed from incoming mail and credited to the detainee's account. If contraband is discovered in either incoming or outgoing mail, it shall be confiscated. Only illegal items and items that threaten the security of the facility shail be considered contraband. Contraband may include but not be limited to: 1) drugs and alcohol, 2) sharp objects or hardware that could be fashioned into a weapon, 3) perishable foods that may pose health or spoilage *problems, and 4) printed materials that incite to riot, agitate the population or otherwise cause safety and security problems. Written policy and procedures shall specify how confiscated money, documents or contraband is to be handled. The contractor shall provide X-ray equipment and a magnetometer to screen mail, deliveries, and visitors. Additionally, the contractor shall ensure that all personnel operating the screening equipment are properly trained. E. The contractor shall ensure that all incoming and outgoing mail and correspondence is not held for more than 24 hours. F. INS has contracted with a separate contractor to furnish, install, operate and maintain a - detainee telephone system in each INS owned and INS contracted Detention Facility. After contract award, the NS telephone contractor will be in contaCt with the-contractor for installation scheduling and requirements. G. The contractor shall provide written policies and procedure governing visitation.* The contractor shall provide written notification of changes in visitation policy to all attorneys who ?regularly practice immigration law locally, attorneys who represent detainees in custody, as well as-all free legal service groups. The visitation policy and hours shall be posted prominently in the public waiting area. (Revised - Amendment 002) . _58_ MARCH 2015 30f8 12072 12073 12100 12130 12160 12190 12221 12222 12223 12224 12250 12280 12311 12312 12313 12314 12315 12316 13000 - 13002 13011 13012 13013 13041 13042 13043 13047 13050 13071 13072 13073 13074 13075 -15000 15010 15030 '15040 15070 15090 15100 15130 15160 15190 15220 15250 19000 19010 19040 21000 '-21010 21020 -21030 21040 21050 21071 21080 21100 21130 21140 21150 21210 21400 23000 23010 23040 6? Licensed Pra tical Nurse II Licensed Practical NUrse Medical Assistant Medical Laboratory Technician 7 Medical Record Clerk Medical Record Technician Nursing Assistant I Nursing Assistant II Nursing Assistant Nursing Assistant IV Pharmacy Technician Phlebotomist Registered Nurse I Registered Nurse II Registered Nurse II, Specialist Registered Nurse Registered Nurse Anesthetist Registered Nurse IV Information and Arts Occupations Audiovisual Librarian Exhibits Specialist I Exhibits Specialist II Exhibits specialist Illustrator I - Illustrator II Librarian Library Technician Photographer I Photographer II Photographer Photographer IV- Photographer Laundry, Dry Cleaning, Pressing and Related Occupations Assembler Counter Attendant Dry Cleaner Finisher, Flatwork, Machine Presser, Hand Presser, Machine, Presser, Machine, Shirts Presser, Machine, Wearing Apparel, Laundry Sewing Machine Operator - Tailor washer, Machine Machine Tool Operation and Repair Occupations Machine?Tool Operator (Toolroom) Tool and Die Maker Material Handling and Packing Occupations Fuel Distribution System Operator Material Coordinator Material Expediter Material Handling Laborer Order Filler Forklift operator Production Line Werker (Food Processing) Shipping/Receiving Clerk Shipping Packer Store Worker I Stock Clerk (Shelf Stocker; Store Worker II) Tools and Parts Attendant? Warehouse Specialist . - Mechanics and Maintenance and Repair Occupations Aircraft Mechanic Aircraft Mechanic Helper MARCH 2015 ICE2012FOIAO3030.0030056 1 51x12. .79 .22 .51_ ..68 .68 .65 .68 .68 .68_ .911612003 1:30 PM 4of8 I, -. ?it. 359? . ?2 Aircraft.Quai-ty Control Inspector 23050 23060 Aircraft Servicer 23070 Aircraft Worker 23100 Appliance Mechanic 23120 Bicycle Repairer 23125 ?.Cable Splicer 23130 Carpenter, Maintenance 23140 Carpet Layer 23160 Electrician, Maintenance 23181 Electronics Technician, Maintenance I 23182 Electronics Technician, Maintenance II 23183 Electronics Technician, Maintenance 23260 Fabric Worker 23290 Fire Alarm System Mechanic 23310 Fire Extinguisher Repairer 23340 Fuel Distribution system MeChanic 23370 General Maintenance Worker 23400 Heating, Refrigeration and,Air Conditioning Mechanic 23430 Heavy Equipment Mechanic 23440 Heavy Equipment Operator 23460 Instrument Mechanic 23470 Laborer 23500 Locksmith - 23530 Machinery Maintenance Mechanic 23550 Machinist, Maintenance 23580 Maintenance Trades Helper 23640 Millwright 23700 Office Appliance Repairer 23740 Painter, Aircraft 23760 Painter, Maintenance 23790 Pipefitter, Maintenance 23800 Plumber, Maintenance 23820 Pneudraulic Systems Mechanic 23850 - Rigger 23870 Scale Mechanic 3 23890 ?-Sheet?Metal WOrker, Maintenance 23910 Small Engine Mechanic 23930 Telecommunication Mechanic I 23931 Telecommunication Mechanic II 23950 Telephone Lineman 23960 Welder, Combination, Maintenance 23965 Well Driller 23970 Woodcraft Worker 23980 Woodworker 24000 Personal Needs Occupations 24570 Child Care Attendant 24580 Child Care Center Clerk 24600 Chore Aid 24630 Homemaker 25000 5 Plant and System Operation Occupations . 25010 Boiler Tender 25040 Sewage Plant Operator '25070 Stationary Engineer '25190 ventilation Equipment Tender 25210 Water_Treatment Plant Operator 27000 Protective Service Occupations (not set) Police Officer .27004 Alarm Monitor 27006 Corrections Officer 27010 Court_Security Officer 27040 Detention Officer -'.27070 ?.Firefighter 27101 Guard I 27102 Guard II . 28000 Stevedoring/Longshoremen Occupations MARCH 2015 ICE2012FOIAO3030.0030057 2215. .4319. 17. 19. 14. 16. 19. .98 18. 18. 18. 17. .10. .9o_ 9i16/2003' 1:30 PM 28010 28020 28030 28040 28050 29000 21150 29010 29011 29012 29023 29024 29025 29030 29035 29040 29061 29062 29063 29064 29081 29082 29083 29084 29085 29086 29090 29100 29160 29210 29240 29361 29362 29363 29364 29390 29480 -29491 -29492 '29493 29494 29495 29620 29621 - 29622 31000 31030 '31260 31290 31300 31361 31362 31363 31364 99000 99020 99030 '99041 99042 99043 99050 99095 99300 99310 99350 a .l MARCH 2015 50f8 :lfkj rk. fed world. govlscafscaf94-25 1 Spit Blocker and B. acer .5 Hatch Tender 15. Line Handler 15. Stevedore I 14. Stevedore II 16. Technical Occupations Graphic Artist 23 Air Traffic Control Specialist, Center (2) 31. Air Traffic Control Specialist, Station (2) 21. Air Traffic Control Specialist, Terminal (2) 24. ArcheolOgical Technician I 19. Archeological Technician II 21. Archeological Technician 26. Cartographic Technician 26. Computer Based Training (CBT) Specialist/ Instructor 25. Civil Engineering Technician 24. Drafter I - 15. Drafter II 15. Drafter 20. Drafter IV 26. _Engineering Technician I 14. Engineering Technician II 17. Engineering Technician 20- Engineering Technician IV2 _25. Engineering Technician 33. Engineering Technician VI 38. Environmental Technician .24. Flight Simulator/Instructor (Pilot) 32 Instructor 21. Laboratory Technician 16. Mathematical Technician 28 Paralegal/Legal Assistant I 17 Paralegal/Legal Assistant II 20. Paralegal/Legal Assistant 25 Paralegal/Legal Assistant IV 28. Photooptics Technician 24. Technical?Writer 21. Unexploded Ordnance (UXO) Technician I 20. Unexploded Ordnance (UXO) Technician II 24. Unexploded Ordnance (UXO) Technician 30 Unexploded (UXO) Safety Escort 20. Unexploded'(UXO) Sweep Personnel 20. Weather Observer, Senior I 21. Weather Observer, Combined Upper Air and Surface Programs (3) 17 Weather Observer, Upper Air 17 Transportation/ Mobile Equipment Operation Occupations Bus Driver 14. Parking and Lot Attendant 7 Shuttle Bus Driver 10. Taxi Driver 8 Truckdriver, Light Truck 10 Truckdriver, Medium Truck 14. Truckdriver, Heavy Truck 15 Truckdriver, Tractor?Trailer 15. Miscellaneous Occupations Animal Caretaker 8 Cashier 7 Carnival Equipment Operator 9 Carnival Equipment Repairer 9 Carnival Worker - 7 Desk Clerk 9 Embalmer l9 Lifeguard 10. Mortician 21. Park Attendant (Aide.32 91'162?2003 1:30 PM 46* 60f8- HOLIDAYS: A minimum of ten paid holidays per year: 3-, 99400 Photofinishing WOrker {Photo Lab Tech.. Darkroom Tech) 99500 Recreation Specialist - 99510 a Recycling Worker 99610 Sales Clerk 99620 School Crossing Guard (Crosswalk Attendant) 99630 Sport Official 99658 Survey Party Chief (Chief of Party)? 99659 Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 99660 Surveying Aide 99690 Swimming Pool Operator 99720 Vending Machine Attendant 99730 - Vending-Machine Repairer 99740 Vending Machine Repairer Helper ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH WELFARE: $2.36 an hour or $94.40 a week or $409.07 a month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or Length of service includes the whole span of continuous service with the present contractor or successor: 3 weeks after 5 years, and 4 weeks after 15 years. successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. King Jr.'s Birthday, Washington?s Birthday, Memorial Day, Independence Day, -Labor Day, Columbus Day, Veterans? Day, Thanksgiving Day, and Christmas Day. accordance with a plan communicated to the employees involved.) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Does not apply to employees employed in a bena fide executive, administrative, (See CFR 4.156) or professional capacity as defined and delineated in 29 CFR 541. 2) -APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: 3) WEATHER OBSERVERS - NIGHT PAY SUNDAY PAY: 10% of basic pay for-any hours worked betWeen 6pm and 6am. Sunday outside the normal_tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard.when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead aside, black poWder and photoflash powder. 'All dry~house activities involving propellants or Demilitarization, modification, renovation, demolition, and maintenance explosives. operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is_applicable to employees employed in a position that -represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials 'which involves potential injury such as laceration of hands, face, or arms of the MARCH 2015 (Reg. 29 CFR 4.173) New Year's Day, Martin Luther (A '_contractor may substitute for any of the named holidays another day off with pay in (See 29 CFR 4.174) An employee is entitled to pay for all work performed between the hours of 6:00 P.ML and 6:00 A.M. at the rate of basic pay plus a night pay differential amounting to 10 percent of the rate of basic pay. . If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional I If you are a full?time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic _rate for each hour of Sunday work which is not overtime occasional werk on 9!16!2003 1:30 PM 7of8 .. a A: no" employee engaged in the operation, irritation c; the skin, minor burns and the like; minimal? damage to immediate or adjacent work area or equipment being used. operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition; These differentialS' are only applicable to work that has been speCifically designated by the agency for ordance, explosives,-and incendiary material differential pay. All UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning 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" materials, may_be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contraCtor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. .NOTES APPLYING TO THIS WAGE DETERMINATION Source of Occupational Title and Descriptions: -The duties of employees under job titles listed are those described in the "Service Contract_Act Directory of Occupations,? Fourth Edition, January 1993, as amended by the Third Supplement, dated March 1997, unless otherwise indicated. This publication-may be obtained from the Superintendent of Documents, at 202?783-3238, :or by writing to the Superintendent of,Documents, U.S. Government Printing Office, Washington, D.C. 20402, Copies of specific job descriptions may also be obtained from the-appropriate contracting officer. REQUEST AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and_which is to be_employed under the contract (ile., 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 appropriate level of_skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the' fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the perfOrmance of contract work by such unlisted class(es) of employees. _The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 When multiple wage determinations are in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: MARCH 2015 ICE2012FOIA03030.0030060 9(1612003 1:30 PM - 80f8 http:f?drk. fcdworld.g0stcalscaf94?25 itxt eg? a 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), 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.' This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. I 3) The contracting officer reviews the proposed action and a report of the action, together with the agency's recommendations and 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. (See section of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproVes the action via transmittal to the agency_contracting officer, or . notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractOr. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the ?Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split,_combine, or subdivide classifications listed in the wage determination. MARCH 2015 9!16f2003 1:30 PM 1 . INTRODUCTION . . This Quality Assurance Surveillance Plan (QASP) has been developed_to implement OFPP Pamphlet 4 Guide For Writing and Administering Performance Statements of Work for ?Service Contracts*.. It is designed to provide the. Contracting Officer's Technical Representative (COTR) an effective and systematic surveillance method for each listed service on the Performance Requirements Summary (PR5) in the Logistics Support Services contract. 1.1. The QASP provides a systematic method to evaluate the "services the-Contractor is required to furnish. It does not detail how the Contractor accomplishes the work. The plan uses a combination of OFPP Pamphlet 4 surveillance methods to adequately assure the Government of the Contractor's performance, while keeping the cost of surveillance within the requirements of OMB Circular.A-76. 1.2. This QASP is based on the'premise that the Contractor, and not.the Government, is responsible for management and quality control actions to meet the terms of the contract. The Acceptable Quality Levels (AQle recognize that the Contractor is not a perfect manager and that unforeseen and uncontrollable problems do occur. Good management and use of an adequate quality control plan will allow the . Contractor to operate within the allowable AQLs. COTRs/Inspectors/Monitors are to he objective, fair. and consistent in evaluating Contractor performance against the contract standards. 1.3. The Government's primary quality assurance procedures are based upon random sampling of the recurring critical- services of the contract, using the concepts of OFPP Pamphlet 4. Portions of the statement of work not covered by the PRS will be reviewed periodically daily,- weekly, quarterly) in accordance with FAR clause 52.246-4, Inspection of Services--Fixed Price; see Section E. Formal customer complaints are an integral part of the Government surveillance plan. Customer complaints can and will highlight service problems. When random sampling ATTACHMENT 7 MARCH 2015 indicates unsatisfactory performance, documented customer complaints can be used to support invoice reductions. 2. EVALUATION SCHEDULE. .monitoring at all times. The schedule will be completed not later than the last workday of the preceding month. Copies of the schedule shall be sent to the Contract Administrator. After it is filled in, the schedule shall be marked OFFICIAL USE and Egg; not be shown to the Contractor. - 2.1. Contract surveillance must cover all hours of_ operation. Random observations are scheduled at night, on weekends and holidays when services are performed during these periods. Select the areas and times for random Annotate-the selected inspection items/times on the schedule. When the sampling concept does not allow for specific seleCtion of inspection items/times during the preceding month, show on the schedule the date and time the random sample selection will be accomplished. . 2.2. Program any.periodic surveillance into the schedule no as not to interfere with the sampling requirements. Changes to the surveillance schedule will be posted weekly and copies sent to the Contract Administrator. - Include documentation of the reasons for the changes. 3 . norm summonses . Doing surveillance means using the surveillance plan called for in the schedule. Actual surveillance should be comparable to the 3.1. It is essential that the exact number of inspections in a random sample be-accomplished. It is also essential that the exact number of periodic checklist inspections be done for an effective quality assurance'system. A complete audit trail must exist from the schedule, to observing the COTE/Inspector perform sampling, to completion of the surveillance checklist. - 3.1.l. If less than the required number of inspections are made or inspections are made outside the randomly selected -samp1e, the~ability to project from random-sample results to MARCH 2015 lot results is destroyed. If this should occur, consider the missed inspections acceptable. This will increase the Government's risk of accepting a'defective lot. NOTE: If random sampling is the method of surveillance covering a seven day service and surveillance is limited to five days, consider splitting the_service into two separate PR5 line items: the_weekday service covered by random sampling. and the weekend service covered by customer complaint. 3.1.2. in either case, only those defectives recorded by the COTR during scheduled surveillance may be used to determine the level of contract performance. Errors found ?in services not scheduled for observation should be brought to the Contractor's attention but not used to count as a defect for determining if the AOL has been met. - 3.1.3. It may be necessary to overdraw the random sample by 310 percent or more to create a pool of randomly selected potential replacement samples since some original samples selected may not be surveilled, or additional samples-may be needed due to changes in the lot size. If replacement samples are used they must be used in the order drawn for the time remaining in the month. 4.. RARDOH SAMPLING SURVEILLANCE. When random sampling is the method of surveillance, . record the results of the inspection on the tally checklist provided in the sampling guide (Figure 2). These documents- then become the official record of the Contractor's performance. - 4.1.- Eor areaslsurveilled by sampling. criteria are derived from OFPP Pamphlet 4 based on the lot_size (number of'times an event takes place per month}, sample size, and AQL for each contract requirement. When the number of defects in the Contractor's_performance discovered by the COTE/Inspector exceeds.the allowable number defects, the Contractor's performande will be considered unsatisfactory.' When a surveillance observation results in an unacceptable rating recorded on the front of the checklist, the specific reason for the unacceptable perfOrmance must be recorded on the back of the tally checklist. 4.2. The Contractor is required to immediately correct. if possible, all defectives detected during surveillance by the COTR. Any defectives corrected by the Contractor shall still count as defectives. as the sample also represents performance in the uninspected portion of the lot. MARCH 2015 4.3.- During the month the COTR may receive customer complaints about the quality of the service or may observe -unacceptable performance by the Contractor other than during a sample observation. These complaints and observations- will be noted and should reinforce the accuracy of the? sample results, but they will not be counted as a defective. 4.4. If the number of defectives recorded on the tally checklist exceeds the AOL, the COTR will determine the 4.5. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COTR prepares a letter to the responsible organization, requesting corrective action be taken. The CDTR sends this letter to the_organization through the Contracting Officer. 5. INFORM CONTRACT MANAGER. As a rule, the COTR must always contact the Contractor's manager or on-site representative and inform the manager of what was wrong. Allow the Contractor to correct the problem, if possible. There is no need to do this in writing. However, whenever possible, have the manager inital therentry on the tally or surveillance activity checklist. when the Contractor does not initial -the checklist, the COTR must note on the back of the checklist-where the defective is recorded, the time and method of notification, and the COTR's-initials. 6. conrnacr arson? (one). If performance in any area is judged unsatisfactory, the Contractor is required to respond_to a Contract Discrepancy Report (CDR) {see Figure 2). Normally CDRs are. issued at the end of the month. But, if the failure is serious enough, the CDR will be issued at the time_of the unsatisfactory performance. . MARCH 2015- W. 6.1. Wet later than the third workday of the month following the surveillance, the COTR initiates the CDR and sends it, with the checklist recording the unacceptable- performance, to the Contracting Officer. (The COTR checks the Contractor's performance and documents any non- compliance. But only the Contracting Officer may take formal action against the Contractor for unsatisfactory performance.) The Contracting Officer will evaluate the CDR and. if appropriate; sign and send it to the Contractor. The Contractor shall reply in writing. giving the reason(s) for unsatisfactory performance.-the corrective action(s) to be taken to prevent recurrence, and the completion date of the corrective action(s). 6.3. When completed and signed, the CDR. along with the surveillance'checklist and any other_appropriate forms, reports, etc., becomes the documentation supporting paymentr nonpayment. or other necessary action. - When is issued for a specific service?r the Contracting Officer reduces the month's payment by an amount up to the percentages indicated in the Performance Requirements Summary.. Since the Contractor is required .(under the INSPECTION OF SERVICES Clause) to maintain an effective inspection system. the Contractor shall be presumed-to have actual knowledge of work not performed, and written notice will not be a prerequisite to withholding payment for unperformed services. Payment reductions will not~be delayed until-the Contractor reSponds to the CDR. 6.5. If the Contractor does not achieve satisfactory performance in the specific service by the end of the next month. the Contracting Officer issues another CDR and reduces payment to the Contractor by the appropriate amount.? When the Contractorfs performance is unsatisfactory and a . formal action is indicated, the COTR and the Contract Administrator meet to determine what action is appropriate for the specific circumstances. 6.6. If a decision is reached not to take a monetary _reduction, the reasons are documented. The Contracting I Officer must indicate agreement with the decision by signing _the CDR or other decision documentation. 7 . crass mops . For areas not surveilled by sampling, the Government' 'reserves the right to use the InSpection of Services Clause in conjunction with the Statement of Work (see Section E). MARCH 2015 ICE2012FOIA03030.0030066 There are some contractual requirements of a general.nature 'that do not properly fit under the random sampling concept. These are surveilled by customer complaint or by checklists (daily, etc.). Services surveilled_by methods other than sampling shall have the surveillance results documented on the appropriate surveillance activity checklist oracustomer complaint form.' The recording of defectives or unacceptable services are the same as . described above. 8. . SURVEILIMCE, CUSTOMER Certain contract requirements can best be monitored by the individual or activity receiving the service, or customer complaints may be used to supplement other asurveillance information. 8.1. At the start of the contract, the COTE shall instruct customers responsible for submitting complaints on the proper method to complete the customer complaint_record (Figure 5) and on the requirements of the.contract that pertain to them.- Normally, each customer complaint is .brought, either in person or by telephone, to the person 'checking contract performance (the COTR). Customars Shall be required to submit the form during the daily shift when the discrepancy was discovered. .A written copy of the specific contract requirements will be provided to the individual or activity supervisor. Serveral complaint forms shall be provided the custormer at the end of the -instruction period. . 8.2. Once each quarter, the COTR will contact each customer . involved to assure that there is an understanding of the contract requirements by all appropriate personnel and that there are sufficient forms available. The contact shall be scheduled on the COTR schedule. When a complaint is received; the_CoTR will investigate, vailidate the complaint, and notify the Contractor of the defect. - 8.4. The COTR will retain and file the complaint form. At ?the end of.each month all validated complaints will be . counted to_determine if performance is Satisfactory or unsatisfactory based on the criteria in the AQL column of the Performance Requirements Summary. . MARCH ?2015 9. REDUCED INSPECTIONS. When the Contractor's quality control plan works, good _performance results. If the surVeillance shows censistently good performance. the amount of surveillance can be decreased. 9.1.- Inspection can be reduced when the following conditions have been met for any required service: a. The preceding four lots {that is, the last four' months) have been acceptable. b. The number of defects_in each of the preceding.four' 10ts is 50 percent or less of the acceptance number.. For iexample. with an Acceptable Quality Level (AOL) of_6.5 percent and a sample size of 32, the acceptance number is_5. If two or less defects were found in each of the last four lots. reduced inspection could be used. - c. The normal sample size was used in the last inspection. - d. 'The Contracting Officer approves of reduced inspections. . 9.2. Reduced inspections decrease the sample size. In I addition. the acceptance and rejection numbers change. See OFPP Pamphlet 4 for proper procedures. 9.3. Inspection will be returned to normal the next month under the following conditions: . . a. When the number of defects exceeds the acceptance 'number under the reduced sampling or, b. and the Contractor.0fficer deem it necessary to return to normal inspection. inspection may be done the next If the number of -defects found exceeds 50 percent, then normal sampling must be accomplished until four consecutive months of 50 percent or less of acceptance level defects are found. MARCH 2015 .22? swag. Exwf .. or 10. PAYMENT REDUCTIONS FOR Each month, Contractor performance will be compared to contract standards and acceptable quality levels using the performance requirements summary; Through the Inspection of. .Services clause, the Government-can deduct from a Contractor's payment an amount equal to the services not provided. . - 10.1. If performance of required serVice is unsatisfactory, and the unsatisfactory performance is clearly the fault of- the Contractor, an amount of money up to the percentage stated in column eight of the Performance Requirement Summary may be deducted from the invoice. 10.1.1. As an example, suppose the Delivery-Order showed the contract price'for services as shown below. The percentage cost of the required service is found by looking at the Performance Requirements Summary. In the example- _below the percentage cost of quality completed work is 10 _percent. -This is multiplied by $100,000 to obtain the maximum amount of pay. . . 10.1.2.- If completed work was unsatisfactory during the month-(that is, did not meet performance values), and the percent of the sample found good was 80 percent, $8,000 would be paid in lieu of the $10,000 payment normally due the Contractor. 10.1.3. The payment amount is reduced because the, Contractor failed to provide reliable, uniform services . 'within the assigned performance requirements. Although some percent of the observations were defective. Hence, the total quality performance requirement-has not been achieved; as a consequence, the service received is unsatisfactory. _10.2. Example of unsatisfactory performance sampling. deduction: If: Quality of completed work is unsatisfactory {exceeded AOL of 6.5 percent) 'and: Contract price is $100,000 for this month and: The proportion of required service to total contract price is 10 percent and:- Sample size is 50' MARCH 5 sec" and: number of defects in the sample is 10 (Reject number is 8) I Then; Payment for-quality completed work is: Contract price $100,000 Payment percentage . 0 10,000 Percent of sample good ,80 Payment for this service 3,000 10.3. For areas not surVeilled by sampling the percentage ?of the price indicated in the eighth column of the Performance Requirements will be reduced as above, except the defects are divided by the total let, which is described in the sixth column. Example: If:_ I Contractor personnel in violation of safety requirements (zero defects allowed) and: The reduction for this activity is 1 percent and: The lot size is 50 employees and: The number of defects is 10 Then: - Reduction from the current month's invoice is: Contract PricE? . $10,000 Deduct Percentage I Percentage.of lot defective ,20 Reduction 5 20 10.3.1. When areas are not surveilled by sampling, a defect will not be counted when the service can be reperformed, but the Contractor may be liable for the Government?s reinspection costs. 10.3.1.1. that are surveilled on a less than basis, the deduction will be taken from the month's_invoice when that area was reviewed and found unsatisfactory. I MARCH 2015 in Section or required by other provisions of this contract. (All fractions of half hours shall count as a full half hour.) To compensate the Government for administrative costs and other'expenses resulting from the nonperformanceI the Government will also deduct an additional ten (10) percent of the rate set forth in-Section for.such work.. 10.5. The taking of deductions shall not be deemed to waive or limit any right of the Government under the DEFAULT a TERMINATION CLAUSES included in Section I, or the INSPECTION OF SERVICES clause, Section E. Depending on the Contractor's overall performance (for example, repeated 11. REVISIONS TO 013?. Revisions to this surveillance plan are the joint responsibility of the COTR and the Contracting Officer. a- Assastahls_Qualit2_Lerel_JAQLl - The allowable leeway from a standard that can occur before the Government will reject the specific service. The number of defects in a lot (or the maximum perCent defective in a lot) that, for purposes of sampling, may occur before the Government will SERVICES Clause. An AOL does not allow the Contractor to knowingly offer defective service, but implies that the Government recognizes that defective performance sometimes happens unintentionally. As long as the percent of defective performance does not exceed the AOL, the service- -will not be rejected by the Government. The Contractor, however, must repertorm the defective service when possible. The AOL limits reduced payment to circumstances in which _defective performance results in a measurable reduction in the value of services rendered. b- - Form initiated by the COTR when any service is judged unsatisfactory. A an MARCH 2015 0 uuww-I . c. - The work sheet that shows what inspections are to be'performed on which days of the week/month. It is determined_by the COTR/InSpector before the start of each inepection period and provided to the Contract Administrator only. It is never revealed to the Contractor. d. Contractor - Both the prime Contractor and_any subcontractors. .The Contractor shall be responsible for all compliance with the provisions of this contract, including those services provided by the Contractor's subcontractors. Contractg; supervisor or manager assigned in accordance with SUPERINTENDENCE BY THE CONTRACTOR Clause in Section H. . f. - A dated notice stating the . Contractor's failure to comply with the specifications and a deadline to comply with_the stated specification. Usually, ten days is the stated time to conform with-the notice or face default- One of the criteria used to _monitor the Contractor's performance. h. pg?ggtivg Service A'unit of service which contains one or more defects, or nonconformance with specified requirements. i. pelivgrx Order -.A formal order for services placed . against this contract and signed by the Contracting Officer. Easility 4 A separate'individual building, .Structure, or other item of real property improvement, each item of which is subject to separate reporting and recording. k. - The total number of product or service . .outputs in a surveillanCe period from which a sample is-to be drawn.and inspected to determine performance in accordance with the standard. as defined in the AOL column of the Performance Requirements SummaryDetermined by dividing the number of defects by the sample size when the reject number has been equalled or exceeded. The resulting number is used to make an equitable reduction to the contract price for non-performance by the Contractor. m. mm - A- I Condensed listing of the tasks, standards, AQLs, surveillance methods. and relative value of the services or . MARCH 2015 ICE2012FOIA03030.0030072 3. 3. . zia?aasi?i products required by the PWS. The PR8 identifies the key service outputs of-the contract that-will be evaluated by the Government to assure contract performance standards are met by the Contractor. The PRS neually appears as Technical Exhibit 1 of the PWS. - - n. - The actions taken by the Government to assure services meet the requirements of the Performance Work Statement. The prOcedures used by the Government to inspect the Contractor's Quality Control program and provide control over the quality of services received to ensure satisfactory performance. Quality Elan An rganized written document prepared and used by the .0 Government for Quality Assurance surveillance of the Contractor's performance. The document contains the Government's specific'methods, sampling guides. checklists, -decision tables. etc. used in determining whether the Contractor provided service meets quantity, quality, timeliness. effectiveness, and/or total cost standards. p1 The Contractor's-inspection system which covers all the services to be performed under this contract his method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable). .The actions that a Contractor takes to control the production of products or _services so that they will meet the'requirements stated in .the contract. q. gagdom sampling - A sampling method in which each service output in a lot 5 an equal_chance of being selected for inspection. ?By this method of surveillance, a . few individual items, selected at random, are examined and a conclusion drawn about the entire lot. r. - 'v - - The receiving document. initiated by the Contractor or~?pntractor employee(s)s. indicating that services have been performed. 5. Those services which are identified in this contract as being performed on a recurring. periodic or standing basis. t. Rework Work which, in-the judgment of the Contracting Officer or the COTR. is not of an acceptable quality level. and must be corrected or reperformed at no additional cost to the Government. . MARCH 2015 - One or more service outputs drawn from a lot. The number of outputs in the sample is the sample size. v: '?gmpling - The generic term for various methods of selecting serVice outputs to be inspected under a Quality Assurance system. - w. ?ggpling4931?? - The part Of the surveillance plan which contains all the information needed to perform a random sample. . x. . . - The work sheets used to record the results of inspections done by methods other than rendom-sanpling. (See Tally Checklist.) Y1 - The work sheets used to record the results of random sample inspections. - That agency/division Educating services that would be responsible for payment. 13. come: mismmn's 3mm 2mm. - (Filed separately) . . MARCH 2015 PERFORMANCEREQUIREMENTS SUMMARY REQUIRED SERVICES RS. NO. SUBSECTION AOL STANDARD TYPE OF METHOD OF SURVEILLANCE OF TOP FREQUENCY OF INSPECTION INSPECTION TRAINING PERSONNEL 3-B Trained employees prior to performing any duties; NA 100% Inspection AS NEEDED 3-C Mandatory refresher training pro?ciency testing RANDOM AS NEEDED MARCH 2015 2-l Assign work no more than 12 hours of any 24 hour period RANDOM 4 Notify COTR of any contractor personnel actions NA . 100% inspection 1X 2-D 12-E Immediately report to violations of standard of conduct or criminalactivity Neglect of Duty by any employee Tampering with of?cial documents or records - Lack of performance contributing to an escape NA RANDOM 4 1O RECORDS AND REPORTS Submit drug results within 21 days of testing 100% Inspection - AS NEEDED 4-I Ascertain daily manifest is submitted to INS accurately and timely - RANDOM 4 SANITATION AND HYGIENIC . LIVING CONDITIONS Assure overall cleanliness of the facility and janitorial services are completed as required NA 4 FOOD SERVICES Food offered to detainees must be of quantity and quality in accordance to set standards RANDOM RANDOM 4 SECURITY AND CONTROL 10 Adherence to the requirements con- cerning the security of physical plant and perimeter RANDOM 4 1?1 ?1 0-0. Ensure required guard posts are manned 24 hours a day RANDOM 4 12 1 0-8 Adhere to scheduled detainee hearings in a timely manner RANDOM 13 Maintain proper ratio of guards to detainee and/or units NA RAN-DOM 4 4 ?14 10-0 Unjusti?able use of physical force" NA 100% inspection AS NEEDED DETAINEE RULES. DISCIPLINE AND PRIVILEGES 15. 12-E Provide detainees protection from personal abuse, corporal punishment. personal injury. disease. property damage. and harassment NA RANDOM (INTERVIEW DETAINEES FOR 4 PERFORMANCE PAGE-2 EQ UIRMENTS SUMMARY REQUIRED SERVICES R.S. NO. SUBSECTION STANDARD AQL METHOD OF SURVEILLANCE OF TOP TYPE OF INSPECTION FREQUENCY - OF INSPECTION MARCH 2015 ICI: 012l- JIAO 0 0.0030076 DETAINEE RIGHTS, RULES. DISCIPLINE AND PRIVILEGES 16 1244 Adherence to requirements'on contents of law library and Ensure detainees access to law library NA As NEEDED 17 12-K Offer minimum of one hour per day of recreation NA RANDOM RANDOM (CK LOG BOOKS) 4 5 MAIL AND VISITING 18 13-D Screen outgoing and incoming mail . and visitors for contraband NA RANDOM I 4 ADMISSION AND RELEASE -19 inventory and safeguard ail detainees valuables NA RANDOM 4 20 i4-F Verify positive identi?cation or detainee prior to release NA RANDOM 4 21 14-G Ensure-detainee is ready for release for ore-scheduled departure Itime NA RANDOM 4 RS REQUIRED SERVICE LEVEL It 1 OR 2FAILURE TO PERFORM REQUIRED SERVICE PER MONTH HOUSTON NSD PRS 100 TCP TOTAL CONTRACT PRICE HEALTH CARE SERVICES A. The contractor shall provide written plans, policies, and procedures for medical emergencies which may occur while the detainees are in the custody of the contractor. In the event an emergency condition arises, the contractor shall take the appropriate action as approved in their policies and procedures. B. The contractor shall provide for space, equipment, and maintenance necessary to operate 'a medical unit staffed and Operated by an INS health care provider. The contractor shall prdvide the equipment identi?ed in the attached Equipment List, and shall maintain this equipment for use by the health care provider. C. . The contractor shall provide the detainees written instructions for gaining access to health . care services during intake processing. The contractor shall ensure that these instructions are explained in the detainees' native language, and-they are explained orally to detainees who are unable to read, in accordance with SUBSECTION 2, Paragraph C. Detainees shall not be used to translate;_he_alth care instructions nor should other detainees be used to interpret or translate medical problems, except in emergency situations. Contractor shall be responsible for establishing language interpretation services to satisfy this I a: requirement, conunercial phone language interpretive services. The detainee shall also be provided instructions and assistance in personal hygiene, dental hygiene, grooming and health care. - D. All staff members shall have current certi?cation in emergency ?rst aid procedures, including cardiopulmonary resuscitation (CPR) prior to assuming duties at the facility. E. . The contractor shall prdvide Security coverage in the medical unit no less than, twelve (12) hdurs per day, seven (7) days per week as scheduled by INS, and whenever a detainee is present in the medical unit. . F. 'The contractor shall be responsible for'the installation of the basic ?rst aid containers . Which shall be provided by the health authority. The number and locations shall be I determined by INS. Stocking and replenishment of the ?rst aid kits shall be the responsibility of the health authority. . G. Only health related services authorized by either the designated health authority or the INS Managed Care Coordinator (MCC) shall be provided under this contract. The contractor shall perform transportation, supervision, and escort services for detainee(s) receiving off-premise medical treatment (including hospitalization) as directed by INS, in accordance with the post assignments and transportation requirements speci?ed in Section C. The contractor shall immediately notify the health authority and the INS COTR within one (1) hour of. the occurrence. - . 1 - (Amendment 0002) ATTACHMENT 8' MARCH 2015 H. The contractor shall separate a detainee from the general population when a communicable or debilitating physical problem is suspected, and shall immediately notify the on-site medical authority and report in accordance with Subsection 4. . Paragraph F. of this section. I. In the event of a detainee death, the contractor shall immediately notify the appropriate local authorities and the COTR in that order. - J. The contractor shall provide written policy and procedure which de?ne medical emergency evacuation of detainee(s) from within the facility. K. The contractor shall provide written policy and procedure which require that detainee-'5 written health complaints are solicited. The procedure shall include a schedule for delivery of the complaints to the medical facility for appropriate follow-up. The I contractor shall provide secure lock boxes in each detainee dorm/day room area for the deposit of detainee requests for medical services. Only the local health authority shall . have access to the lock boxes. - - - L. The contractor shall provide Written policy and procedure for the protection, security, con?dentiality, and release or dissemination of information of a detainee?s health status - or medical records. - M. The contractor shall provide written policy and procedure which requires that records of all medications distributed by non-medical staff are maintained and audited and include the date, time and name of the detainee receiving medications, and the name of . . the staff member distributing it. . - - N. Contractor personnel administering medications shall do so only under the direction of a responsible physician and after having received appropriate training. They are accountable for administering medications according to orders, and recording the administration of medications in a manner and on a provided by the health autho?ty. O. The health authority shall provide on-premises health care including rentine medical supplies and over the counter medications. - P. INS reserves the right to designate health care facilities, hospitals, labs, clinics) which the contractor shall use for outside detainee referrals. Q. INS shall direct all off-premises health care providers to submit bills directly to'the INS Division of Immigration Health Services (DH-IS) for review and payment. 2 .. (Amendment 0002) ATTACHIVIENT 8 9r MARCH 2015 R. The contractor shall provide a comprehensive plan and procedure to safeguard employees against exposure of bleedborne pathogens as prescribed by OSHA. The contractor shall furnish all necessary equipment to comply with this requirement.- S. The INS health care provider shall establish a training program in cOoperation with the Facility Administrator to provide instruction to the facility staff, which shall include the following topics: 1. The ability to respond to health related situations within four minutes; 2. Recognition of signs and and knowledge of action required in potential emergency situatiOns; - 3. Re?certi?cation inFirst aid and cardiopulmonary resuscitation 4. Methods of obtaining assistance; 5. Recognition of signs and of mental illness; retardation, emotional disturbance and chemical dependency and; 6. OVervieW of communicable diseases and use of universal precautions; 7. Administration of medication by non-medical personnel; 8. Procedures for patient transfers to appropriate medical facilities or health care providers; See Section Deliveries or Performance Submittal Date. (Submittals shall be submitted Ithrou OTR to the ntractin Of?cer. The anaged Care Coordin tor (MPG). is Telephone No. 1-800- The address for DIHS is: 2(b8( 3), (bx??nger No. c) Division of Immigration Health ServiCes Attn: Jail Management System PO. Box 50945 Washington, DC 20091 3 .. (Amendment 0002) - ATTACHMENT 8 MARCH 2015 Equipment List REFERENCE HEALTH CARE SERVICES, PARAGRAPH B. ELIN - glu?titv Description 001 2 Bookcase, Wood, 6 Shelf, 36? 72? 002 3 Bulletin Board, 3? 4? w/wood frame 003 5 Chair, Jr. Executive, cloth, highback . 004 2 Chair, Side w/arms, cloth, sledbase 005 2 Desk, Wood, Double pedestal, 30? 60? 006 12 File Cabinet, letter size, 5 diawer I 007 '1 Marking Board, 4? 8? w/wood frame 008 10 Integra Chair w/o arms 009 1 TV Stand, steel on casters, w/V CR shelf, w/locking cabinet 010 1_ TV - 25 inch, color, with remote control 01 1 VCR 012 4 Bed, Single Metal, w/attached foot locker .013 4 Bed, Overbed, tables 014 4 Bed, Side Cabinet 015 4 Mattress, (Fire Retardant 016 '10 Trash Can, Stepr~0n 20 qt. 017 2 Desk Wood, Single pedestal 018 - 1 Examination Lamp 019 . 1 Examinatibn Stool 020 1 Examination Table 021 1 Hamper 18? . 022 1 Marking Board, 4? 5? W/wood frame 023 4 Refrigerator, 6 cu ft. 024 4 Steel Shelving - 4 - (Amendment 0002) ATTACHMENT 8 MARCH 2015 Medical Facilil)? UNIT TOTAL Requirements Telephone Linc Drop UNIT SF NSF AMBULATORY CARE . Detainee lioldingIWaiting {t t} 150 May be upon area. space for of?cer (desk with phone} Detainee 'l'oilet ll 0 60 Two is optimum. one near detainee holding. one near lab. must he aim compliant Medical Reception 21 2 100 Window to waiting area. room for records storage system. phone. data line. computer workstation Medical Records Storage l. 200 Adjacent to phone. computer workstation. data litte Nurse Triage 2 1 Hill Adjacent to Detainee Waiting Area. computer workstation. data litte Administrator's Ult'tce i 200 A A Asst. Admitt's Of?ce I 120 Adjacent to Administrator's Of?ce. may he cubicle - . I Secretary CubicchOffice - 64 Adjacent to Administrator?s Of?ce. may be cubicle. Clinical Directors's Exam 1 - - Clinical Director's Otjlice I I 200 Adjacent to Exam Room Cluster. sink. 4 electrical outlets.- lisamination Room I 450 Sinks. 4 electrical outlets per room. Urgent Care 2 2 250 4 ft. doors. 4 outlets - emergency power. sinlt. ceiling mounted procedure light. ceiling height 9 reet_-i-. 'I?l I?tin'jllj?im - 2 area. near front ofelittic. sinlt. etnerg power. l?hartnacy Storage (I 0? 200 Connected to Pharmacy Dental Operatory 200 must have high speed evacuation. specialized plumbing for dental unit. sinks. air lines Dental'Lah 0 0 64 Connected to Dental Operator;I Dental Of?ce. I I Pineal Mechanical Room 0 t} 25 Must be no farther than ten feet I'rotndental operatory l?sYchologist Office I I 200 i StaffToilcl 0 0 GD Room 0 120 Mold-purpose Room I 3 200 laboratory I 100 Near front of clinic. sink. counter. cabinets. phone line for lab report primer Clea" Line? 0 0 I00 Near ini?irntary . . Suited Linen l) 0 60 . Biohazard Waste Storage 0 0 60 May he in the warehousefgarage area. independent continuous exhaust system. intperntiahle ?ooring. PI is to dispose of Janitor Closet 0 0 35 - Floor Sink Nurses Of?ce 2 I00 at least two work stations- boonuays t) 0 . minimum 2'10" for all outpatient areas Medical Supply 0 0 200 Movable shelving system INFIRMARY General Medical Ward 0 1600 Within sight and sound of nurses station Respiratory Isolation (I 0 150 Self contained with atrium {atrium must have handwashing sink) Nurses Station 2 200' Room for security of ?eet and nurses - 57l8 Corridors Corridor width 5? minimum Ceiling Height Minimum l0" AREA Emergency power throughout ntedical clinic area Triage I40 'I?eleradiology I 200 340 MARCH 2015 Attachment 8 Page 88 redacted for the following reason: Solicitation Number I. .3 Contract Number The contractor shalt assure detainees are not denied access to visitation with persons of their choice, except where the contractor has clear and convincing evidence that such visits jeopardize the security of the facility of the safety of the detainee or visitor. Genera- visitation shall be non-contact. in a room designed to meet non-contact visitation integrity. Legal counselors and religious advisers shall be allowed additional visiting privileges and accommodations, including Contact visitation. Privacy and space should be provided for these contact visits. Reference Subsection 5., paragraph 17. (A). Any detainee who is denied visitation rights shall have the right to'appeat that decision in accordance with the contractor?s procedures. The contractor shall provide a reasonable number of copies of documents or materials for the purposes of the alien?s legal defense for those aliens who are indigent. The contractor i'nay require aliens "who are not indigent to pay for duplications at the contractor?s cost. - See Section Deliveries or. Performance Submittal Date. (Subrn'ittals shall'be sub- mitted through the to the Contracting Officer). -59- MARCH 2015 Solicitation Number .i Contract Number Acne?anr. SUBSECTION 14. ADMISSION, ORIENTATION, RELEASE AND PROPERTY CONTROL A. Under no circumstance shall the contractor refuse to accept custody of detainees or perform assignments within the scope of this contract. The contractor shatl provide written-plans, policies, and procedures which govern the reception, orientation, sub? sequent release of detainees, and control of detainee property to the This material shall include and address the items listed below. B. The following shall be incorporated into the contractor?s procedures for admitting new detainees: - Utilize the alien?s File number as assigned by INS for booking purposes; Verify admission documents for completeness (including l-203); Search of the individual; Inventory of all personal possessions and valuables; Conduct preliminary health screening; - Issue personal hygiene items; Provide shower; Issue appropriate clothing; Provide orientation and facility rules; Assign housing unit. C. The contractor shall provide written policy and procedure specifying the types of personal - property detainees can retain in their possession during detention and the recording of any monetary credits to their accounts. D. The contractor shall prepare a written, itemized inventory of all personal property of newty admitted detainees and shall provide for safe and secure storage, of their property, including clothing, money and other valuables.* The detainee shall be given 'a receipt signed by the contractor and the detainee, for all property (See ATTACHMENT The property and valuables shall be returned to the detainee upon release from the facility or within one (1) hour after notification by INS. All negotiable instruments and legal tender shall be fully returned to the detainee in the sam??ii-torm as they were received- by the contractor. The items shall be verified and, if everything is in order, the detainee shall sign a receipt for the property and valuables returned. The contractor shall confiscate all contraband items. A receipt signed?tby the contractor and the detainee shall be provided to the detainee for the confiscated items. Upon diScovery of any other types of contraband items, the contractor shall immediately notify INS. A system of strict staff accountabifity shall be maintained to assure the safety of personal property, money and other valuables. Items Which the detainee may keep shall be specified. Detainee funds shall be handled in accordance with INS accounting procedures (See ATTACHMENT - E. The contractor shall provide liability insurance for all staff having access to detainee monies and valuables, in an amount sufficient to ensure reimbursement to the detainee by thecontractor, in case of loss prior to the detainee?s release from the facility. Any costs incurred as a result of delays in release "of a detainee, due to missing property or valuables, shall be at the contractors" expense. The contractor shatl immediately reimburse any detainee for any personal property, monies and/or valuables that the contractor is unable to return to the detainee due to loss, theft, misplacement, etc., for which the detainee has a property receipt. . MARCH 2015 Solicitation Number - - Contract Number Aim-98-90022 F. Upon the receipt of an Order to Release (lu203) the contractor shall ensure a positive identification is made of the detainee prior to their release. To ensure positive identifi- cation, the contractor shall provide a digital identification system, approved in advance by the Contracting Officer, to be used for comparison with the booking record.* The contractor shall verify that the release order is accurate and complete. G. The contractor will ensure that all detainees will be ready for release, with complete property, items verified and signed, at the time set by INS. Failure of the contractor to cemply fully with the detainee(s) release shall result in the contractor having deductions made for non-performance. See Section Deliveries or Performance?? Submittal Date. (Submittals shall be sub- mitted throucrh the COTR to the Contractino Officer). - 51 MARCH 2015 Solicitation Number - - ACD-QS-P-0022 Contract Number ACD-3-C FIOIS SUBSECTION 15 REMOTE CUSTODY AND TRANSPORTATION SERVICES AND ON CALL POSTS A. Remote custody services. 1 The contractor shall provide, at the direction of the such additional on-call remote custody services as may be required by INS. The contractor shall be reimbursed for these services only when such services are directed by the COTR designated official. 'The contractor shall not abandon any facility post to perform on-call services. Duties and responsibilities of this function shall include, but not be limited to; assisting in transportation duties as described in paragraph below, and guarding detainee(s) who have been admitted in off-site medical facilities or to any other location as directed in writing by the COTR. The INS shall guarantee the contractor a minimum of two (2) hours for each on-call post directed by the The contractor shall be authorized one officer for each such remote post, unless at the direction of the COTR as additional officers are required. B. Transportation services. 1. MARCH 2015 The contractor shall provide all such transportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the COTR- When officers are not providing transportation services the contractor shall assign the employees to supplement security duties within the facility. However, the primary function oflthese officers is transportation. The contractor shall assig .u of transportation officers on a daily basis (day shift pnly). team will be assi ned 0 each of the two after-hours shifts. There Will be a total ofl teams assigned to transportation in a 24 hour period. There shall be three (3) eight - hour shifts which provides 24 how coverage. Transportation Teams in addition to those required above, shall be assigned as necessary to' meet transportation demands. . . - The contractor-shall furnish a minimum of four (4) vehicles in good repair and suitable, as approved by the government, to safely provide the required transportation "service. The contractor shall not allow employees to use their privately owned vehicles to transport detainees. The contractor shall furnish vehicles equipped with interior security-features including physical separation of detainees from guards. The contractor shall provide the interior security specification of the vehicles to INS for review and approval prior to installation. Transportation shall be accomplished in the most economical manner. (Revised - Amendment 008) -52- Solicitation Number i Contract Number ACD-93-P-0022 "The contractor personnel provided for the above services shall be of the same qual? I -ifications, receive the same training, cOmplete the same security clearances, and wear the same uniforms as those contractor personnel provided for in the other areas of this contract. During ail transportation activities, at least one officer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the for final determination. - The Contractor shall, upon order of the or upon his own decision'in an urgent medical situation, transport a detainee to a hospital location. An officer, or officers, shall keep the detainee under constant supervision 24 hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Contractor shall then transport the detainee to the detention site. The may direct the contractorto transport detainees to unspecified, miscellaneous locations and then to return the detainee to the detention site. When the provides documents to the contractor concerning the detainee(s) to be transported and/or escorted, the contractor shall deliver these documents only to the named authdrized recipients. The contractor shail ensure the material is kept confidential and not viewed by any person other than the authorized recipient. The Contractor shall establish a communications System that has direct and immediate contact With all vehicles and post assignments. Upon demand, shall be provided with current status of ali vehicles and post assignment employees. Failure of the contractor to Comply fully with the detainee(s) departure as pro?scheduled, shall result in the contractor having deductions made for non-performance; . On Call Post 1.. The contractor shall provide'fadditional officers on demandby the and shall include, but are not limited 'to, escorting and guarding detainees to medical or doctor?s appointments, hearings, INS interviews, and any other location requested by'the The numbers and frequency of these services shall vary, but to the extent possible, the COTR shall notify the contractor 4 hours in advance of- such need, and of a schedule of remote posts to be manned. One officer shall be authorized for such posts unless, in the judgment, additional officers are required. . 2. Upon the order Of the or Designated Service Officer or in an emergency the contractor shall provide an officer to safeguard the detainee(s) at'a medical facility while undergoing medical examination or treatment as either inpatient or outpatient care. Such assignments may include but are not restricted to, medical appointments of detainees The detainee shall be kept under constant supervision Public?contact is prohibited unless authorized in advance by the COTR. (Revised Amendment 004) -53- MARCH 2015 Solicitation Number ACD-98-P-0022 Contract Number ACD- The followinq notes are applicable to the above posts: a. MARCH 2015 All On-call posts require that at least one officer shall be of the same sex as the detainee(s). Additional officers for each post assignment may be required at the direction of the when operationally necessary. - - All necessary meals shall be provided contractor when the- detainee(s) is I are in the custody of the contractor. Refer to Subsection 9. The INS shallguarantee a minimum of two (2) hours for each on-call post directed by the The contractor remains responsible for providing security and preventing escape. (Revised - Amendment 004) I -54- Solicitation Number i . ACD-98-P-0022 Contract Number ACD-3-C-0015 SECTION AND ACCEPTANCE 1. I 52252-2 Clauses incorporated by Reference. (FEB 1998) This contract incorporates one or-more clauses by reference, with the same force and effect as if they were given in full text. . Upon request, the Contracting Officer will make their full text available. Aiso, the full text of .a clause may be accessed electronically at this/these address(es): 52.246-4 Inspection of Services - Fixed-Price. AUG 1996 2. inspection and Acceptance a. inspection and acceptance of the supplies or services to be furnished hereunder shail be performed at Contractor's place of business by the or his designated representative, in-accordance with the Inspection Clause and any other provisions specified in this Contract. The Government reserves the right to conduct any tests it deems reasonably necessary to ensure that the suppiies or services provided conform in all respects to the Contract specifications. Supplies or services which upon inspection are found not to be in conformance with contractual specifications shall be rejected and notice of such rejection, together with appropriate instructions, will be provided the Contractor by the Contracting Officer. The Government will use its best efforts to inspect and accept/reject the'supplies or service I "provided within thirty (30) days. Failure of the Government to so inspect the suppiies or services within the above stated time shall not be construed as acceptance of such supplies or services. Notice to Proceed "Notice to Proceed" is the written action taken by the Contracting Officer telling the contractor to begin performance of detention servings. This acquisition is for detention services and not construction or alteration of an existing facility. The INS Contracting "Officer shall not issue a Notice to Proceed or any delivery order until the ms is fully satisfied that the contractor. is ready to perform in accordance with the requirements of the contract. Notice to Proceed will occur when the Contracting Officer determines the contractor has completed the following: . eons rho. MARCH 2015 security clearances of personnel . equipment and uniforms for personnel required insurances for operations - . all plans, policies and procedures required in the contract for administration and - operation of the facility sub?contracting plans Quality Control Plans (QCP) accreditations, inspections, licenses, certificates and other documents - required by local, state and federal agencies to operate a detention facility and the Government is satisfied the facility is ready to accept detainees. -56- (Revised - Amendment 012) Solicitation Number ACD-98-P-0022 Contract Number ACIDS-0001 The contractor is required to provide the Contracting Officer with information h. required to make payment by Electronic Funds Transfer (EFT). information is to be provided 30 calendar days before beginning of performance start date provided in the Notice to Proceed. 4. JAR 2852.201-70 Contracting Officer's Technical Representative (JAN 1985) - (C) The below named individuals are hereby designated to act as Contracting Officer's Technical Representatives under this contract. The COTR is responsible, ,as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptanCe of the supplies or services furnished for payment. - The does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or costlof the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. The Contracting Officer's Technical Representatives are: (T be named at a later date) immigration and Naturalization Service Houston, Texas Tel. No. Administrative Contracting Officer This contract will be administered by: (bra), Department of Homeland Security (formerly Immigration and Naturalization Service) 3rd Floor - 7701 North Stemmons Freeway Dallas, Texas 75247 Telephone: (214) 9&5 6), (0) Fax: (214) 905-5568 Written communications shall make reference to the contract number and shall be mailed to the above address. (Revised - Amendment O12) MARCH 2015 Solicitation Number Contract Number \4 5 SECTION DELIVERIES on PERFORMANCE 1. PERIOD OF PERFORMANCE: The Government contemplates award of one or more Indefinite Delivery, indefinite Quantity type contracts for the required services described herein. The Government has computed the period(s) of performance as follows: Base Period: The one (1)_year_period commencing on October 1, 2003 and ending on September 30, 2004 (366 days). Option Period 1.: The one year period commencing on October 1, 2004 and ending on September 30, 2005 (365 days). . Option Period 2: The one (1) year period commencing on October 1, 2005 and ending on September 30, 2006 (365 days). . Option Period 3: The one (1) year period commencing on October 1, 2006 and ending on September 30, 2007 (365 days). option PeriOd 4: The-one (1) year period commencing on October 1, 2007 and ending on September 30, 2008 (366 days). The Contractor's facility shalt at all times comply with any and all fecal and state codes, laws, regulations, practices, decisions, etc, as regards to the detention, housing, control and care of aliens. 2. PLACE OF PERFORMANCE: MARCH 2015 All services are to be-performed at one or more locations Within 35 miles of the Houston, Texas, Bush intercontinental Airport. - SUBMITFAL DATE: Any required submittal of poiicy manuals, written policy, instructions or procedures, unless otherwise specified, are due sixty (60) days after award of the contract. Submittals shall be submitted to the MS COTR. INS approval will be required on ail submittals prior their becoming effective. 52.252-2 Clauses incorporated by'Reference (FEB 1998) This contract incOrporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the fuil text of a clause may be accessed electronically at this/these address(es): . 52.242-15 Stop?Work Order Aug 1 989 52242-17 Government Deiay of Work APR 1984 .68.. (Revision - Amendment 012) SOllCitathI] SECTION CONTRACT ADMINISTRATION DATA 1. INVOICE Invoices shall be submitted in an original and two 12) copies. The original invoice shall be sent to: Immigration and Naturalization Service, AdministrativeCenter Dallas, P.0. Box 560947,.Dallas, TX 75356-0947. The additional two copies shall be sent (at the same time) to the designated COTR. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: - Name of the bhsiness concern. (2) - Invoice date. (3) ContractNumber, and Delivery Order Number. (4) Description, price, and quantity of services actually rendered. (5) Payment terms. (6) Name where practicable, title, phone number, and complete mailing address or responsible of?cialto whom payment is to be sent. - (7) Other substantiating documentation er information as required by the contract. To assist the Government in making timely payments, the Contractor is required to furnish the following additional information either on the invoice or on an attachment to the invoice: 1) List of aliens by name, housed each day of the month. (2) Arrival date. (3) Release date. (4) Total Man-days of detention. (5) Any reimbursable medical care invoices with appropriate supporting documentation. (6) Reimbursable detainee wages with appropriate supporting documentation. Invoices shall be submitted in arrears for services rendered. I The Government may not be billed for two days when a detainee is admitted after noon on one day and removed the following day. The contractor may for the day of the detainee?s arrivalthe detainee?s departure. - I All invoices for reirnbursement of hospital and health care services shall be submitted by the Contractor to the Government with in sixty (60) days after the services were rendered. The COTR or his designee(s) will certify that the invoices are true and correct and that the services were actually performed and received. The COTR or his then forward the duplicate copies of invoices and applicable receiving report Copies of delivery orders (OF-3 47) to the appropriate INS of?ce for necessary processing. - . - Should the average annual population of detainees not reach the guaranteed minimum, the contractor will be reimbursed as if the average annual populationwas at the guaranteed population level. Such reimbursement will be madeat the time of reconciliationof the ?nal invoice for that annual period. 69 MARCH 201.5 .igSolicitation No. noose?whore PLACEMENT OR ISSUANCE OF Residential care services-to be furnished under this contract shall be ordered orally by INS employees by the delivery of the alien detainee(s) to the facility accompanied by a completed INS Form i-203. an INS Contracting Of?cer will issue written "estimated" Delivery Orders (OF -34 7) at the beginning of each month, or each quarterly period, for detention and reimbursable medical services contemplated. At the end of each month, or quarterly period, the Delivery Orders shall be modi?ed to re?ect the actual services (mandays and reimbursable medical services) received during that or quarterly period. Written Delivery Orders and Delivery Order modi?cations may be issued or transmitted to the contractor by facsimile or electronic commerce methods. 3. MODIFICATIONS, CHANGE ORDERS, The Contracting Officer, or Administrative Contracting Of?cer, retains the sole right to issue modi?cations and change orders. In no event shall any understanding or agreement, contract modi?cation, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than the Contracting Of?cer, or Administrative Contracting Of?cer, be effective or binding upon the Government. All such actions must be formalized by a proper contrabtual document executed by the Contracting Of?cer, or Administrative Contracting Officer. - 70 MARCH 2015 literal}! a? i "If . - Solicitation No. SECTION SPECIAL CONTRACT REQUIREMENTS I . INSURANCE The Contractorshall maintain insurance in an amount not less than $3,000,000.00to protecthim/her from claims under workman's compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by himself or by any subcontractor or anyone directly or indirectly employed by either of them. General Liability insurance: bodily injury liability coverage written-on a comprehensive form of policy of at least $500,000 per occurrence is required. Add itional 1y, an automotive liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the performance of this contract is requiredas follows. Policies covering automobiles operating in the United States shall provide coverage of at Icast,$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for, property coverage. Certi?cates of such insurance shall be subject to the approval of the Contracting Of?cer for adequacy of protection. All insurance certi?cates required under this contract shall provide 30 days advance notice to the Government of any contemplated cancellation. 2. HOLD HARMLESS AND INDEMNIFICATION The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of occupancy, use, service, operations or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or. omissions of Contractor, any subcontractor, or any employee, agent, or representative or Contractor or subcontractor. 3. DAMAGE TO GOVERNMENT PROPERTY FROM CAUSES OTHER THAN CONTRACTORS NEGLIGENCE: - Nothing in the above paragraphs shall be considered to preclude the Government from receiving the bene?ts of any insurance the Contractor may carry which provides for indemni?cation for any loss or destruction of, or damage to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. . the Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property. Upon the request of the Clintr?acting Of?cer, the Contractor shall at the Government's expense, furnish to the Government. all reasonable assistanCe and cooperation including assistancein the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recover-y. - 4. . ACCIDENT REPORT I In the event of an accident involving Government personnel or property, the Contractor shall submit a report to the Contracting Of?cer in letter form that will include the following: - - Time and date of occurrence. - The place of occurrence. ic) - A list of personnel directly involved. A narrative description of the accident that includes a chronological order of the accident and circumstances. '71 MARCH 2015 Solicitation No. ACD-98--. s. DISCIPLINE OF CONTRACTOR The ContractingOf?cer may request the Contractor to remove any of his/her agents or employees whose - conduct, in the opinion of the Contracting Of?cer, interferes with proper discipline in the area where services are performed. The Contractor shall comply with all such requests. Failure to do so may be cause for action under the clause in Section I entitled "Default". - 6. I PERMITS AND The Contractor and any subconnaetor(s)shali fully comply with all local, city, county, and state code requirementsapplicable to the work'contained within this contract. The Contractor shall, at his own expense, obtain any necessary perm it(s) or license(s). Ful l. responsibi 1in for code compliance and obtain ing necessary perm its/l icenses rests with the Contractor and the Govemmentwill not assume liability for failure thereof. 7. EMPLOYMENT 0F UNAUTHORIZED ALIENS: Subject to existing laws, regulations, Executive Orders, and other provisions of this contract, aliens unauthorized to be employed in the United States shall not be employed by the Contractor, or its subcontractors,to work on, under, or with this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all subcontracts or subordinate agreements issued in support of this contract. 8. CONTRACT TYPE This is a ?rm ?xed price inde?nite delivery, inde?nite quantity, services contract for the supplies or services speci?ed in Part 1, Sections and for the periods set forth. The contractor shall furnish to the Government when and if requested the supplies or serVices set forth in the contract requirements. 9. MODIFICATION AUTHORITY The Contractor shall not accept any modi?cation of the terms, conditions, and/or provisions of this contract issued by any person other than the Contracting Of?cer or Administrative Contracting Of?cer. r? 10. SUBCONTRACTING PLAN A subcontracting plan may be- required in accordance with the provisions of FAR clause 52.219-9 and if so required, shall become a part of this contract. l. PRICING OF MODIFICATIONS The Contractor, in connection with any proposal he makes for a contract modi?cation, shall furnish a price breakdown, itemized as required by the Contracti-n Of?cer. Unless otherwise directed, the breakdown shall be in suf?cient detail to permit an analysis of all-material, labor, equipment, subcontract, and overhead costs, as well as pro?t, and shall cover all work involved in the modi?cation,whether such work was deleted,-added, or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. Base line values and percentages used to prepare the proposal shall be as agreed upon by the Contractor and Contracting Officer, In addition, if the proposal includes a time extension, a justi?cation therefor will also be furnished. The proposal, with all supporting docur'nentation,sh all be furnished by the date speci?ed by the Contracting Of?cer. . 72 MARCH 2015 Solicitation: 12. 13. 14. 15. 16. TIME OF WRITTEN NOTICE OF EXTENSION This Contract is renewable at the option of the Government in accordance with FAR clause 52.217?8, "Option to Extend Services". The contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days before the expiration of the current performance period. In the event an option provision is exercised by the Government in accordance with FAR clause 52.217?8, "Option to Extend Services", the option periodrates she" be the rates charged the Government in the contract period immediately preceding the exercise of the option. Additional will be created [added on an .as needed basis ifand when option(s) under FAR 52.217?8 is are exercised. Guaranteed minimum for any options exercised under FAR 52.217?8 will be on the modification document which exercises the option. All other will be ordered by issuance of deliVery orders. APPROVAL OF CONTRACT As discussed in clause 52.204-1 in Section I, this contraCt is subject to the written approval of Procurement Officials at the INS Headquarters, Washington, DC. AMERICAN CORRECTIONAL ASSOCIATION Standards The contractor shall perform all work and services under this contract in strict compliance with American Correctional Association standards for adult local detention facilities and the standards for detention-as established by the Service. Accreditation - The contractor shall maintain AQA accreditation throughout the life of the contraCt, inclusive of any option periods exercised. DEPARTMENT OF LABOR WAGE DETERMINATIONS In performance of this contract, the contractor shall comply with the requirements of the . applicable US. Department of Labor Wage Determination attached to this Request for Proposals as Attachment Number 6. SYSTEM OF RECORDS The system of records referred to in the provisiOns of FAR Clauses 52.224?1, Privacy Act Notification, and 52224-2, Privacy Act, are the medical files and records that? are required - to be kept for each detainee, the intake and booking information for each detainee, the custody records for each detainee, and the daily manifests that are kept of the detainees in the facility. - - -73- (Revised - Amendment 013) MARCH 2015 Solicitation: 17. 18. 19. EXCLUSIVE USE OF DHS - BTS - BIC-E - BBC. The contractor shall not utilize any portion?of. the facility for the housing or detention of individuals not in the custody of the Department of Homeland Security, Berder and Transportation Security (BTS) Directorate, BICE - Detention and Removal Operation (DRO), unless specifically authorized by DTS I BTS I BICE DRO authorized officials; Detention of individuals at the facility by local, .state or other federal agencies may be permitted ?y with specific approval, permission and authorization by DHS - DRO. officials. - DURING CONSTRUCTION. Contractor shall ensure no decrease in available detainee quarters during construction, renovation, addition and remodel of the existing facility and proposed facility expansion. . Contractor shall furnish living quarters for a minimum of 500 detainees per day during all periods of renovation, expansion and construction. MINIMUM REQUIRED STAFFING. Contractor shall maintain the staffing levei set forth in its staffing pattern plan at all times. - . (Revised - Amendment 013) MARCH 201.5 j: heme?; Solicitation No. SECTION 1 CONTRACT CLAUSES l. 52.252?2 Clauses incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in ?ill text. Upon request, the Contracting Of?cer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://w wwametgov/far. 52.202- 1 . "52203-3 52203-5 . 52203-6 51203-7 52203-3 52.203- 10 52203-12 52.2044 52209-6 52.2 1 5-2 52215-8 52215-10 I 5221-5-12 52215-15 . 52215-17. 52215-13 52215-19 De?nitions Gratuities Covenant Against Contingent Peas Restrictions en Subcontractor Sales to the Government Anti-Kickback Procedures: Cancellation, Recission and Recovery of Funds or Improper Activity Price or Fee Adjustment for Illegal or Improper Activities Limitation on Payments to Influence Certain Federal Transactions Printing/Copying Double. Sided on Recycled Paper Protecting the Government?s Interest When Subcontracting With Con tractors Debarred, Suspended, or Proposed for Debaptent Audit and Records?Negotiation Order of Precedence Uniform Contract Format Price Reduction for Defective Cost or Pricing Data Subcontractor Cost or Pricing Data Pension Adjustments and Asset Reversions Waiver of Facilities Capital Cost of Money I Revision or Adjustment of Plans for Postemployment Bene?ts Other Than Pension I Noti ?cation- of- Ownership Changes 74 (Revised Amendment 0004) MARCH 2015 OCT 1995 APR 1934 APR 1984 JUL 1995 JUL 1995 JAN 1997 JAN 1997 JUN 1997 JUN 1996 JUL 1995 AUG 1996. OCT 1997 OCT 1997 OCT 1997 DEC 1998 OCT 1997 OCT 1997 OCT 1997 'i ?at 1 Solicitation No. ace-939002? 52215-21 52219-3 52219-9 52.219416 52222-3 52222-4 52222-21 52222-26 52222-35 52222-36 52222-37 52222-4 1 52232-43 52223-2 52223-6 - 52223-14 52.2244 . 52224-2 52225-1 1 52227-1 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications . Utilization of Small Business Concerns Small Business Subcontracting Plan Liquidated Damages, Subcontracting Plan Convict Labor Contract Work Hours and Safety Standards Act - Overtime Compensation Prohibition of Segregated Facilities Equal Opportunity I Af?rmative-Action for Disabled Veterans and Veterans of the Vietnam Era Af?rmative Action for Workers With Disabilities Employment Reports on Disabled Veterans and Veterans of the Vietnam Era Service Contract Act of i 965, as Amended Fair Labor Standards Act and Service Contract A'ct Price Adjustment (Multiple Year and Option Contracts) Clean Air and Water Drug Free Workplace Toxic Citemical Release Reporting Privacy Act Noti?cation Privacy Act Restrictions on Certain Foreign Purchases I Authorization and Consent 75 (Revised Amendment0004) MARCH 2015 OCT 1997 JAN 1999 JAN 1999 JAN 1999 AUG 1996 JUL 1995 1:513 1999 FEB 1999 APR 1993 jun i998 JAN 1999 MAY 1939 MAY 1989 APR 1934 JAN 1997 OCT 1996 APR 1984 - APR 1984 . AUG 1998 JUL 1995 SOIiCit?tioll NO. 52227-2 52229?3 52.229-5 52230-2 522303 52.23 0-6 52232-1 52232-3 52232-1 1 52232-17 52232-23 52232-25 52232-33 52233-1 52233-3 52242-13 I 52243-1 52243-2 52244-5 52246-25 52243-1 52.249?2 . .w Notice and Assistance Regarding Patent and Copyright infringement Federal, State, and Local Taxes Taxes - Contracts Performed in US. Possessions or Puerto Rico Cost Accounting Standards Disci osure and Consistency of Cost Accounting Practices Administration of Cost Accounting - Standards Payments Discounts for Prompt Payment Extras Interest AssignmentofCiaims Prompt Payment for Eiectronic Funds Transfer Payment DisPutes -- Alte'rnatel - - Protest A fter Award Bankruptcy Changes - Fixed~Price -- AlternateI Noti?cation of Changes Competition in Subcontracting Limitation of Liability~ Services Vaiue Engineering Termination for Convenience of the Government (F ixed?Price) 76 (Revised Amendment 0004) MARCH 2015 AUG 1996 JAN 1991 APR 1984 APR 1998 APR 1998 APR 1996 APR 1934 MAY 1997 APR 1934 JUN1996 JAN 1986 JUN 1997 1 AUG 1996 OCT 1995 DEC 1991 AUG 1996 JUL 1995 AUG 1987 1984 APR 1984 DEC 1996 FEB 1997 MAR 1989 SEP 1996 SOIIiCitation No. I 52249?3? Supply and Service) APR I984 52.253-1 I Computer GeneratedForms . JAN 1991 2. 52.2044 Approval ofContract. (DEC 1939) This contract is subject to the written approval of ProcurementOf?cials at the Headquarters, Washington, DC, and shall not be binding until so approved. - Note: Nonvithstandingthe requirementof the ?Approval of Contract? clause (FAR 52.204-1 incorporated into this contract either by reference or in complete text), approval of this contract by the Immigration and Naturalization Service procurement of?cials does not in and of itself constitute or signify a binding award. Binding award is effected solely and exdusively by signature of an Immigration and Naturalization Service Contracting Of?cer. 3. 52.216?18 Ordering. (OCT 1995) Any supplies and services to be fumished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for services from the beginning of contract performance through the base period, or through each option period, or through any option period that is exercised. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally or by facsimile or by electronic commerce methods only if authorized in the Schedule. - 4. I 52.216-19 Order Limitations. (OCT 1995) Minimum order. The Government. shall only be restricted to a minimum order limitation of the guaranteed minimum on this contract for residential care. Maximum order. The Contractor is not obligated to honor Any order to detain in excess of the number of detainees per day that would cause the Contractor to exceed the ACA Standard. If this is 3 requirements contract includes the Requirements clause at subsection 52216-21 of the Federal Acquisition Regulation the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph above. Notwithstanding paragraphs and above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph unless that order (or orders) is returned to the ordering of?ce within ?ve (5) days after issuance, with-written notice stating the Contractor's intent not to honor the order or orders called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 5. 52.216-221ndefinite Quantity..(0CT199S) This is an indefinite-quantity contract for the supplies or services speci?ed, and effective for the period stated, in the Schedule. The quantities of supplies and services Speci?ed in the Schedule are estimates only and are not purchased by this contract. 77 MARCH 20?l 5 Solicitation No. ACDss?P-oiiz Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services speci?ed in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at mtiltiple locations. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time speci?ed in the order. The con-tract shall governthe Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractdr shall not be required to make any deliveries under this contract after the completion of the Fourth Option Period, and any options to extend services in accordance with FAR Clause 52217-8. 6. to Extend Services. (AUG 1989) The Government may require continued performance of any services within the limits and. at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of?cer may exercise the option by written notice to the Contractor within the period speci?ed in the Schedule. - 7. - - 52.217?9 Option to Extend the Term of the Contract. (MAR 1939) The Government may extend the term of this contract by written notice to the Contractorby the ?rst day of the Fiscal Year of the Government, or within 30 days after funds for that Fiscal Year become available to the . Contracting Of?cer, whichever date is later; provided, that the Government shall give the'Contr'actor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary'notice does not commit the Government to an extension. - I If the Government exercisesthis option, the extended contract shall be considered to include this option provision. I The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 8. 52222-42 Statement of Equivalent Rates for Federal Hires. (May 1989) in compliance with the Service Contract Act of 1965, as amended, and the regulation of the Secretary of Labor (29 CFR Part 4), this clause identi?es the classes of service employees expected to be employed under the contract and states the wages and fringe bene?ts payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION - IS NOT A WAGE DETERMINATION Employee Class I I - . Monetary Fringe I - Wage Bene?ts A: (7) 7 8 MARCH 2015 '3 i. Solicitation No. 3 *a-x-?u-n-n-x-?n-i-nno-x-nn 9. 52.23243 Availability of Funds. (APR 1934) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of {?nds from Which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Of?cer for this contract and until the Contractor receives notice of such availability, to be con?rmed in writing by the Contracting Of?cer. 10. 52.23249 Availabilityof Funds for the Next Fiscal Yea r. (APR1984) Funds are not presently available for performance under this contract beyond September 30, 1999. The Government?s obligation for performance of this contract beyond that date is contin gent upon the availability of appropriated funds from which payment for contract porposes can be made. No legal liability on the part of the Government fer any payment may arise for performance under this contract beyond September 30, 1999, until funds are made available to the Contracting Of?cer for performance and until the Contractor receives notice of availability, to be con?rmed in writing by the Contracting Of?cer. - - l. 52.237?7 indemni?cation and Medical Liability Insurance. (JAN '1 997) It is expressly agreed and understood that this is a nonpersonal services contract, as de?ned in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by Contractor are rendered in its capacity as an independentcontractor. The Government may evaluate the quality of professionaland administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medicaljudgment, diagnosis, or speci?c medical treatment-s. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions .by it or by its employees or agents. The Contractor-shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: $50 000.00. - An apparently Successful offeror, upon request by the contracting Officer, shall furnish prior to contract award evidence of its insurability concerning'the medical liability insurance required by paragraph of this clause. (0) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims- made basis, an extended reporting endorsement(tail) for a period of not less than 3 years after the end of the contract term must also be provided. (Revised Amendment 0004) MARCH 2015 Solicitation No. EVidence of insurance documenting the required coverage for each health care provider who will perform under this contract 511a]: be provided to the Contracting of?cer prior to the commencement of services under this contract The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Of?cer. if during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Govemment will be indemnified to the limits speci?ed in paragraph of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies; . The Contractorshall insert the substance of this clause, including this paragraph all subcontracts under this contract for health Care services and sh all require such subcontractors to provide evidence of and ma intam insurance In accordance with paragraph of .th is clause. - At least 5 days before the com mencementof work by any subcontractor, the Contractor shall furnish to the Contracting Of?cer evidence of such insurance. 12. 52.244-6 subcontracts for Commercial Items and Commercial Components. (Oct 1998) (3) De?nitions. "Commercial item," as used in this clause, has the meaning contained in the clause at 52202-1, De?nitions. "Subcontract," as used in this clause, includes a transfer of commercial items between divisions, subsidiaries, or af?liates of the Contractor or subcontractor at any tier- To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. Notwithstanding any other clause of this contract, the Contractor is not required to include any FAR provision or clause, other than those listed below to the extent they are applicable and as may be required to establish the reasonableness of prices under Part 15, in a subcontract at any tier for commercial items or commercial components: (I) 52222?26, Equal Opportunity (ED. 1 1246); (2) 51222-35, Af?rmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212(a)); (3) 52222-36, Af?rmatiVe Action for Workers with Disabilities U.S.C. 793); and (4) 524247-64, Preference for Privately Owned U.S.?Flagged Controversial Vessels (46 U.S.C. 1241) (flow flown not required for subcontracts awarded beginning May 1, 1996)- The Contractor shall include the terms of this clause, including this paragraph in subcontracts awarded under this contract. - 80 (Revised-Amendment 0004) MARCH 2015 A: Solicitation No. MARCH 2015 This page'deliberately left blank. - 81 Solicitation - . I - - SECTION LIST OF ATTACHMENTS Attachment #1 . - . Deleted (Amendment 011) Attachment 2 - - Deleted (Amendment .01 1) Attachment 3 - I Deleted (Amendment O11) Attachment #4 - Deleted (Amendment O11) Attachment #5 1 Deleted (Amendment 011) Attachment 6 Department Of Labor Wage Determination - 8 pages Attachment 7 I - . Quality Assurance Surveillance Plan (QASP) - 15 pages Attachment 8 - Health Care Services - 2 pages (Amendment 008) Attachment if 9 - Detainee Telephone System Requirements - 1 page - (Amendment 006) Attachment #10 - Staffing Pattern . - Staff and Financial Detail (3 pages)- . - On-Call Post (one DO) . Financial Detail (1 page) Consolidated Pricing Summarv .[sample] We element detail - (4 pages) (Amendment 01382'? MARCH 2015 (Rev'sed Amendment 013) 06/10/03 OFFICIAL USE ONLY BY FEDERAL AGENCIES PARTICIPATING IN MOU WITH 1 WASHINGTON D.C. 'Wage Determination NO.: Revision No;: Date Of Last_Revision: William W.Gross Director Division of I Wage Determinations] I http?kj rk.fedwor1d.g0vfscafscaf94-25 1 5 .txl 20210 1994?2515 27 06/05/2003 State: Texas Area: Texas Counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, HOuston, Jackson, Lavaca, Liberty, Madison, Matagorda, Montgomery, San Jacinto, Trinity, Walker, Waller, Washington, Wharton **Fringe Benefits Required.Follow the Occupational Listing** OCCUPATION CODE - TITLE 01000 Administrative Support and Clerical Occupations 01011 Accounting Clerk I 01012 Accounting Clerk II 01013 - Accounting Clerk 01014 - Accounting Clerk IV 01030 Court Reporter 01050 Dispatcher, Motor Vehicle 01060 Document Preparation Clerk 01070_? Messenger (Courier) 01090 Duplicating Machine Operator 01110 Film/Tape Librarian 01115 General Clerk I 01116 ?-General Clerk II 01117 General Clerk 01118 General Clerk IV 01120 Housing Referral Assistant 01131 Key Entry Operator I 01132 Key Entry Operator II 01191 Order Clerk I - '01192 Order Clerk II- - 01261 a Personnel Assistant (Employment) I 01262 4 Personnel Assistant (Employment) II 01263 Personnel Assistant (Employment) 01264 Personnel Assistant (Employment IV 01270 Production Control Clerk 01290 ~_Rental Clerk - 01300 Scheduler, Maintenance 01311 Secretary I -01312 secretary II 01313 Secretary 01314 - Secretary IV .01315 Secretary - 01320 Service_Order Dispatcher - 01341-? Stenographer I I 01342 Stenographer II 01400 Supply Technician 01420 Survey Worker (Interviewer) 01460 Switchboard Operator?Receptionist 01510 Test Examiner 01520 Test Proctor 01531 Travel Clerk I 01532 Travel Clerk II 01533 Travel Clerk _01611 Word Processor I MARCH 2015 10f8 12. 14. 20. 14. 10. 16. .12 .09 .11. .79 16 ll -12 11. MINIMUM WAGE RATE .9f16f2003 1:30 PM lq$uxg v.3 1i 01612 Word Processor II 01613-? Word Processor 03000 Automatic Data Processing Occupations 03010 Computer Data Librarian 03041.? Computer Operator I 03042 Computer Operator II 03043 Computer Operator 03044 Computer Operator IV 03045 Computer Operator 03071 Computer Programmer I (1) 03072 Computer Programmer II (1) 03073 Computer Programmer (1) 03074 Computer Programmer IV (1) 03101 Computer Systems Analyst I L1) 03102 Computer Systems Analyst II (1) 03103 Computer Systems Analyst (1) 03160-~ Peripheral Equipment Operator 05000 Automotive Service Occupations_ 05005 Automotive Body Repairer, Fiberglass 05010 Automotive Glass Installer '05040 Automotive Worker 05070 Electrician, Automotive 05100 Mobile Equipment Servicer 05130 Motor Equipment Metal Mechanic 05160 Motor Equipment metal Worker .05190 Motor Vehicle Mechanic 05220 Motor Vehicle Mechanic Helper 05250 ?'Motor Vehicle Upholstery Worker 05280 Motor Vehicle Wrecker 05310 Painter, Automotive 05340 Radiator Repair Specialist 05370 Tire Repairer - 05400 Transmission Repair Specialist 07000 Food Preparation and Service Occupations (not set) FoOd Service worker 07010 Baker 07041 Cook I 07042 Cook II "07070 Dishwasher 07130 Meat_Cutter 07250 Waiter/Waitress 09000 Furniture Maintenance and Repair Occupations '09010 Electrostatic Spray Painter 09040 Furniture Handler 09070 Furniture Refinisher 09100 Furniture Refinisher'Helper' 09110 Furniture Repairer, Minor 09130 Upholsterer 11030 a General Services and Support Occupations 11030 Cleaner, Vehicles . . 11060 Elevator Operator '11090 Gardener 11121 House Keeping Aid I 11122 House Keeping Aid II 11150 Janitor 11210 Laborer, Grbunds Maintenance -11240 Maid or Houseman 11270 Pest Controller 11300 Refuse Collector '11330 - Tractor Operator . 11360 Window Cleaner T12000 Health occupations 26?; 12020 - Dental Assistant - '12040 Emergency Medical Technician (EMT)IParamedic/Ambulance Driver 12071 Licensed Practical Nurse I MARCH 2015 13.72 16.27 11.98 12.05 14.61 16.59 22.60 23.59 19.99 24.38 27.62 27.62 25.70 27.62 27.62 _l2.36 21.26 19.86 19.15 20.76 17.65 22.47 .19.15 22.47 16.93 18.17 19.15 20.76 20.96 14.40 23.06 7.39 8.93 .8.19 8.83 7.16 11.33 6.83 16-65 11.74 12.78 13.74 15.29 16.65 7.54 6.90 10.26 6.79 6.90 7.54 8.23 6.79 10.73 7.54 9.66. 8.23 12.93 11.75 12.86 931612003 1:30 PM " % * $ & ) + # ' ) ( - - - - - - - ( ( % - ( ( $&' 33 %$& & 4 # 3 1 $'(3( 11 '( 1 '2# & &%(3( / ) $(( 0 * )# ( (b)(6), (b)(7)(c) & . % , ( + ) ! 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'( @#&$& ((4 3#3 (b)(4) !(4 &5 B C (b)(4) (b)(4) !(4 &5 & ( (b)(4) (b)(4) (b)(4) & & &5 '' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = /* //* ,+ A 9 6 ( (3B ,-, - , ( ( )($? '( 9 (b)(4) 8 ?( .( @#&$& ((4 3#3 &5 B C * & & &5 (b)(4) &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = *, * A 9 6 ( (3B ,-, - , , $& 9 $ & 9 @#&$& ((4 (&%( (b)(4) ( #& 5 ' # ?( 1 & & ' & (4 $& 9 $ & ' &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = * + * A 9 6 ( (3B ,-, - #(4 '#!+! + '*+ ! MARCH 2015 ICE2012FOIA03030.0030112 $$ ,#+ :.;<.207 = % ,# - '$ ! + , % % ) + 0) 0 & ( A B , " A!B A B A B A B $& 9 $ & 9 8 ?( .( @#&$& ((4 (&%( & ( = ($ ( ' # ?( 1 & & ' & (4 $& 9 $ & ' A B &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = A 9 6 ( (3B ,-, - , ( & (( # (($ &%( 9 6 (b)(4) ( & (( B (b)(4) -4&5 " 3& ( 3 # = * A 9 6 ( (3B ,-, - , & -@#&$4 )($? '( 9 A 3& (4 * $ B 3 # =, */ A 9 6 ( (3B ,-, - , + ( ?($&8 ( &'' $4& '( ; . .( ($1 $3& '( $> ) & (3 3 # = A 9 6 ( (3B ,-, - A0 )(9&$& ( 5 $ '(4B ( ( )($? '( 9 @#&$& ((4 3#3 (b)(4) !(4 &5 B C & & &5 (b)(4) (b)(4) !(4 &5 & ( (b)(4) (b)(4) (b)(4) '' $4& '( ; . .( ($1 $3& '( $> ) & (3 3 # = * ,,* A 9 6 ( (3B ,- - ( ( )($? '( 9 8 ?( .( @#&$& ((4 3#3 (b)(4) &5 B C * & & &5 (b)(4) &'' $4& '( ; . .( ($1 $3& '( $> ) & (3 3 # = * ++* + A 9 6 ( (3B ,- - , $& 9 $ & 9 @#&$& ((4 (&%( ( #& 5 (b)(4) ' # ?( 1 & & ' & (4 $& 9 $ & ' #(4 '#!+! + '*+ ! MARCH 2015 ICE2012FOIA03030.0030113 $$ ,#+ :.;<.207 = % ,# - '$ ! + , % % ) + 0) 0 & ( A B A!B " A B A B A B A B &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = *+ * A 9 6 ( (3B ,-, - $& 9 $ & 9 8 ?( .( @#&$& ((4 (&%( & ( (b)(4) ($ ( ' # ?( 1 & & ' & (4 $& 9 $ & ' &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = A 9 6 ( (3B ,-, - ( & (( # (($ &%( 9 6 (b)(4) -4&5 " 3& (4 (b)(4) ( & (( B 3 # = * A 9 6 ( (3B ,-, - & -@#&$4 )($? '( 9 A 3& (4 * $ B 3 # =, */ A 9 6 ( (3B ,-, - + ( ?($&8 ( &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # (b)(4) 9 6 ( (3B ,-, - A0 )(9&$& ( 5 $ '(4B ( ( )($? '( @#&$& ((4 3#3 (b)(4) !(4 &5 B C +,*+ & & &5 (b)(4) !(4 &5 & ( (b)(4) (b)(4) (b)(4) '' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = * * A 9 6 ( (3B ,-, - , ( ( )($? '( 9 8 ?( .( @#&$& ((4 3#3 (b)(4) A &5 B C * & & &5 (b)(4) &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = * /* A 9 6 ( (3B ,-, - , #(4 '#!+! + '*+ ! MARCH 2015 ICE2012FOIA03030.0030114 $$ ,#+ :.;<.207 = % ,# - '$ ! + , % % ) + + 0) 0 & ( A B , A!B " A B $& 9 $ & 9 @#&$& ((4 (&%( ( #& 5 (b)(4) ' # ?( 1 & & ' & (4 $& 9 $ & ' A B A B A B &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = */, * A 9 6 ( (3B ,-, - , $& 9 $ & 9 8 ?( .( @#&$& ((4 (&%( & ( (b)(4) ($ ( ' # ?( 1 & & ' & (4 $& 9 $ & ' &'' $4& '( ; . .( ($1 $3& '( $> ) & (3( 3 # = A 9 6 ( (3B ,-, - , ( & (( # (($ &%( 9 (b)(4) (b)(4) 6 (b)(4) ( & (( B (b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b)(6), (b)(7)(c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b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) MARCH 2015 ICE2012FOIA03030.0030117 (b)(6), (b)(7)(c) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) MARCH 2015 ICE2012FOIA03030.0030118 (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) MARCH 2015 ICE2012FOIA03030.0030119 (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) MARCH 2015 ICE2012FOIA03030.0030120 REFERENCE NO. BEING CONTINUED PAGE or SHEET - 5 179 NAME OF OFFEROR 0R CONTRACTOR ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E). (F) (Not Separately Priced) Period of Performance: 03/01/2011 to 02/29/2012 4001 Detention Services EA Option I (In Accordance with the Performance Work Statement) Guaranteed Minimum Beds. mx4) bays) (bx4) Total Man Days (Option Line Item) 03/01/2012 PeriOd of Performance: 03/01/2012 to 02/28/2013 4002 Detention Services EA Option . (In accordance with the Performance Work Statement) teed Minimum Days) Total Man Days (Option Line Item) 03/01/2012 Period of Performance: 03/01/2012 to 02/28/2013 4003 Transportation Option (In accordance with the Performance Work Statement) The Quantity of Mmiles is for the purpose of evaluation of Offeror's proposal (Option-Line Item) 03/01/2012 Period of Performance: 03/01/2012 to 02/28/2013 4004 Detainee Volunteer Wages EA Option Estimated 40,000 Detainees) (Option Line Item) Period of Performance: 03/01/2012 to 02/28/2013 4005 On~Call Post/Guard Services HR Option (Estimated 10,000 Hrs) (Option Line Item) Period of Performance: 03/01/2012 to 02/28/2013 4006 DeliverableS? In accordance with the Performance Work Statement (Option Line Item) Continued NSN 7540401452805? OPTIONAL FORM 336 (4-36} MARCH 2015 (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) MARCH 2015 ICE2012FOIA03030.0030122 REFERENCE NO. 3. . BEING CONTINUED me OF 7 179 NAME OF OFFEROR OR CONTRACTOR ETEM N0. SUPPLIESISERVICES um UNIT PRICE AMOUNT (A) (B) (C) (E) (F) (Not Separately Priced) Period of Performance: 03/01/2013 to 02/28/2014 NSN 7540014524396? MARCH 2015 OPTIONAL FORM 336 (4-86) Sponsored by GSA PAR (48 53.110 SECTION PERFORMANCE WORK STATEMENT TABLE OF CONTENTS I. INTRODUCTION A. Background Pg 12 B. Mission Pg 12 C. Scope of Work Pg 12 D. Explanation of Terms/Acronyms Pg 13 11. GENERAL REQUIRMENTS A. Introduction Pg 17 B. General q, . Pg 18 C. Exclusivity Pg 20 D. Quality Control Pg 21 E. Quality Assurance Pg 21 F. Contractor?s Failure to Perform Required Services Pg 22 G. Inspection by Regulatory Agencies Pg 22 H. Performance Evaluation Meetings Pg 22 I. Contractor?s Employee Manual . Pg 22 J. ICE Operations Manual Pg 23 K. Facility Staf?ng Plan and Key Personnel Pg 23 L. Employee Standards 2 Pg 26 M. Training Program Pg 26 N. Housing, Health and Medical Care, and Transportation Pg 26 Ill. PERSONNEL A. Minimum Standards of Employee Conduct Pg 35 B. Minimum Personnel Quali?cation Standards Pg 36 C. Health Requirements for All Detention Officers Pg 37 D. Random Drug Testing . Pg 38 E. Contraband Program and Inspection Pg 38 F. Removal from Duty . Pg 38 G. Tear of Duty Restrictions Pg 40 H. Dual Positions Pg 40 1. Post Relief Pg 40 J. Personnel Files Pg 41 K. Uniform Requirements Pg 41 L. Permits and Licenses - Pg 42 M. Encroachment Pg 42 N. Work Schedules Pg 42 MARCH 2015 .IV. BACKGROUND AND CLEARANCE PROCEDURES A. Background Investigations Required Pg 45 B. Security Requirements Pg '45 C. Initial Drug Testing Pg 49 v. TRAINING i I A. General Training Requirements Pg 51 B. Supervisory Training 7 Pg 53 C. Pro?ciency Testing Pg 54 D. Certi?ed Instructors Pg 54 E. Training Documentation Pg 54 VI. REQUIRED SERVICES ADMINISTRATION AND MANAGEMENT Manage Information system for Collecting, Retrieving, Storing, and Reporting Detainee Detention - Pg 55 B. Manage the Receiving and Discharge of Detainees Pg 55 C. Manage and Account for Detainee Assets (Funds, Property) Pg 55 D. Securely Operate the Facility Pg 5 6 E. Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault Pg 56 F. Establish and Maintain a Program for Suicide Prevention and Intervention Pg 5 6 G. Enforce the Detainee Disciplinary Policy Pg 5 6 H. Maintain Detainee Accountability Pg 5 6 I. Collect and Dissennhate Intelligence Information Pg 57 J. Provide Security Inspection System Pg 57 K. Maintain Institutional Emergency Readiness Pg 58 L. Manage Computer Equipment and Services in Accordance with all Operational Security Requirements Pg 58 VII. . FACILITY SECURITY AND CONTROL A. Security and Control (General) Pg 60 B. Unauthorized Access Pg 60' C. Direct Supervision of Detainees - Pg 60 I). Log Books Pg 60 E. Records and Reports Pg 60 F. Detainee Counts Pg 61 G. Daily Inspections Pg 62 H. Control of Contraband Pg 62 I. Keys and Access Control Devices - - Pg 62 J. Control of Chemicals Pg 62 K. Post Orders - Pg 63 MARCH 2015 IX. XI. XII. Deviation ?rom Prescribed Schedule Assignments . Use of Force Policy Use of Restraints Policy Intelligence Information Lost and Found Escapes Correspondence and Other Mail Evacuation Plan Injury, Illness, and Reports Protection 'of Employees Medical Requests . Emergency Medical Evacuation Detainee Death or Injury Sanitation and Hygienic Living Conditions DETAINEE RIGHTS, RULES, DISCIPLINE, AND PRIVILEGES A. General MANAGE A DETAINEE WORK PROGRAM 'rx General HEALTH SERVICES A. A. General FOOD SERVICES Manage Food Service Program in a Safe and Sanitary Environment DETAINEE SERVICES AND PROGRAMS assume? Manage Detainee Clothing, Linens, and Bedding Manage Multi-Denominational Religious Services Program Provide for a Detainee Recreation Program Manage and Maintain a Commissary Manage and Maintain a Detainee Telephone System Law Library Physical Plant MARCH 2015 Pg68 Pg 69 Pg 73 Pg74 Pg74 Pg74 Pg74 Pg75 Pg75 Pg75 10 PROPERTY ACCOUNTABILITY A. General B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government XIV. FIREARMS BODY ARMOR. A. Firearms Requirements B. Body Armor Requirements MARCH 2015 I. INTRODUCTION A. Background The United States Department of Homeland Security (DHS), US. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation, and deportation of detainees in removal proceedings, and those subject to ?nal order of removal from the United States. ICE houses detainees in Contract Detention Facilities (CDF) and other federal, state, local, and private facilities. B. Mission The mission of the Detention and Removal Operations (DRO) Program is the planning, management, and direction of broad programs relating to the supervision, detention, and - deportation of detainees who are in the United States illegally. These activities are chie?y concerned with the processing and enforcement of departure from the United States of detainees who have entered illegally or have become removable after admission. In implementing its mission, DRO is responsible for carrying out all orders for the required departure of detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary. C. Scope of Work Performance In housing detainees, the Contractor is required to perform in accordance with the most current editions of the ICE Performance Based National Detention Standards, American Correctional Association (ACA), Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, latest edition, National Commission on Correctional Health Care (N CCHC), and state and local laws on ?rearms for all locations. Some ACA standards are augmented by ICE policy and/or procedure. In cases Where other standards con?ict with Policy or Standards, Policy and Standards prevail. ICE Inspectors will conduct periodic and unscheduled inspections of the facilities to assure compliance of the aforementioned standards. In addition, the Contractor shall provide ?ill and complete cooperation for any request or investigation conducted by the Government. Detainees are classi?edias High (Level 3), Medium (Level 2), or Low Risk (Level 1). The Contractor shall be responsible for detainee record keeping services and personal property. The Contractor will create and update the records and the Contractor will also store the records. All records will remain the property of the US. Government. 12 MARCH 2015 D. Explanation of Terms/Acronyms I. 2. 10. ll. 12. 13. ACA: American Correctional Association. ALDF: Adult Local Detention Facilities. ADMINISTRATIVE CONTRACTING OFFICER (ACO): ICE employee responsible for contract compliance, contract administration, cost control, and reviewing assessment of Centractor?s performance. ADMINISTRATIVE SEGREGATION: A unit of housing for detainees whose continued presence in the general population poses a serions threat to life, property, self, staff, or other detainees. ALIEN: Any person who is not a citizen or national of the United States. BOOKING: It is a procedure for the admission of an ICE detainee, which includes searching, ?ngerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual?s accompanying personal property. CLASSIFICATION: A process for determining the needs and requirements of aliens for whom detention has been ordered. and for assigning them to housing units and programs according to their needs, security risk leVel, and existing resources of the facility. CONTRABAND: Any item possessed by detainees or found within the con?nement of the facility which is declared illegal by law or which is expressly prohibited by facility . policies and procedures. CONTRACTOR: The entity, which provides the services, described in this Performance Work Statement. . CONTRACTING OFFICER: An employee of the Government responsible for the complete conduct and integrity of the contracting process, including administration after award. The only individual authorized to issue changes to this contract. CONTRACTING TECHNICAL REPRESENTATIVE (COTR): An employee of the Government responsible for monitoring all technical aspects and assisting in administering the contract. CONTROL ROOM: Integrates all internal and external secnrity communications networks within a secure room. Activities conducted within the control room have a critical impact on the institution?s orderly and secure operation. DEPARTMENT OF HOMELAND SECURITY: A department of the United States Government, which includes US. Immigration and Customs Enforcement (ICE). 13 2015 a; 14. DEPARTMENT OF JUSTICE: A department of the United States Government, which includes the Executive Of?ce of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the US. Marshals Service (USMS). 4 15. DESIGNATED SERVICE OFFICIAL: An employee of U. S. Immigration and Customs Enforcement designated in writing by ICE Of?cer-In-Charge (OIC) to represent ICE on matters pertaining to the operation of the facility. 16. DETAINEE: Any person confined under the auspices and the authority of any Federal agency. Many of those being detained may have substantial and varied criminal histories. 17. DETAINEE RECORDS: Information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to: I Detainee, Personal Property Receipts, Visitors List, Photographs Fingerprints, Disciplinary Infractions Actions Taken, Grievance Reports, Medical Records, Work Assignments, Program Participation Miscellaneous Correspondence, etc. 18. DIRECT SUPERVISION: A method of detainee management that ensures continuing direct contact between detainees and staff by posting an of?cer(s) inside each housing unit. Of?cers in general housing units are not separated from detainees by a physical barrier. Of?cers provide frequent, non-scheduled observation of and personal interaction with detainees. 19. ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document initiates the analysis and evaluation of environmental-effects of proposed actions, and contemplates alternative proposals. This document is the basis for deciding whether or not an Environmental Assessment is required. 20. ENVIRONMENTAL ASSESSMENT (EA): Speci?c document summarizing the results of thorough analyses of environmean impacts caused by proposed actions. This document is the basis for deciding whether or not an Environmental Impact Statement is required. 21. ENVIRONIVIENTAL IMPACT STATEMENT (BIS): Comprehensive document provides full and fair discussion of signi?cant environmental impacts caused by the proposed action(s). It also states the reasonable alternatives, which would avoid or minimize the adverse impact(s) or enhance the quality of the human environment. 22. EMERGENCY: Any signi?cant disruption of normal facility procedure, policy, or activity caused by ribt, strike, escape, fire, medical exigency, natural disaster, or other serious incident. 14 MARCH 2015 23. FACILITY: The physical plant and grounds in which the Contractor?s services are operated. 24. FACILITY ADMINISTRATOR: The of?cial, regardless of local title jail administrator, Facility Director, superintendent) who has the ultimate responsibility for managing and operating the contract detention facility. The quali?cations for the holder of this of?ce shall be consistent with ACA standards. 25. FINDING OF NO SIGNIFICANT IMPACT (F ONSI): Formal statement indicating that no signi?cant effect upon the quality of the human environment will occur because of the proposed action(s). 26. GRIEVANCE: A written complaint ?led by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility. 27. IMMEDIATE RELATIVES: Sponses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), brothers and sisters (including stepbrothers and sisters and half-brothers and sisters) and their spouses. 28. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for ?re safety necessary in the public interest. 29. MEDICAL RECORDS: Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse. The following informatiOn from these records shall be transferred to the detainee record: date and time of all medical examinations; and, copies of standing or direct medical orders from the physician to the facility staff. 370. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly arrived detainees who could pose a health or safety threat to themselves or others. 31. ON CUSTODY OFFICER POST: These posts shall be operated on demand by the COTR or ICE-designee and shall include, but is not limited to, escorting and custody of detainees for hearings, ICE interviews, and any other location requested 32. POLICY: A definite written course or method of action, which guides and determines present and future decisions and actions. 33. PROCEDURE: The detailed and sequential actions that must be executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a speci?c task within the guidelines of that policy. 15 - MARCH 2015 34 35. 36. 37. 38. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other professional and technical workers who by State law engage in activities that support, complement or supplement the functions of physicians and/or dentists who are licensed, registered, or certi?ed, as appropriate to their quali?cations, to practice. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility. RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly chains, leg irons, straight jackets, ?exi cuffs, soft (leather) cuffs, and leg weights. SAFETY EQUIPMENT: This includes but is not limited to ?re ?ghting equipment, chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas marks, fans, first aid kits, stretchers and emergency alarms. SALLYPORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one'of 39. 40. 41. 42. 43. 44. which opens at a time. This method of entry and exit ensures there shall be no breach in the perimeter or interior security of the facility. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, ?oors, walls and barriers used to con?ne and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment nsed to maintain facility security. SECURITY PERIMETER: The outer portions of a facility, which actually provide for secure con?nement of detainees. STANDING MEDICAL ORDERS: Written orders, by a; physician, to medical personnel for the de?nitive treatment of identified minor, self-limiting conditions and for on?site treatment of emergency conditions. TRAINING: An organized, planned, and evaluated activity designed to achieve speci?c learning objectives. Training may occur on site, at an academy of training center, at an institution of higher learning, through contract service, at professional meetings or throagh closely supervised on-the-j ob training. Meetings of professional associations are considered training when there is clear evidence of the above elements. TRANSPORTATION COSTS: All materials, equipment and labor necessary to respond to requests by designated of?cials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc. WEAPONS: This includes but is not limited to ?rearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical weapons (MACE), and ?5 16 MARCH 2015 II. GENERAL REQUIREMENTS A. Introduction This Performance Work Statement (PWS) sets forth the contract performance requirements for the management and operation of a detention facility for federal detainees. The Department of Homeland Security (DHS) component, US. Immigration and Customs Enforcement (ICE) will award a contract of such to house detainees. I The Contractor shall furnish all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the Contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract. An existing facility shall be provided to accommodate at a minimum 1,000 general housing-type beds for male or female detainees at a single facility. Male and female population will be based on ICE operational needs or requirements. The facility shall include a special housing unit (segregation) with a capacity of at least 2.5 percent of the general housing-type capacity. It should be noted that the 2.5 percent special housing unit is in addition to the general housing-type beds required. Further, a short stay unit (medical housing unit) minimum of 16 beds is in addition to the general housing-type capacity and the 2.5 - percent special housing. The facility shall be located within a 25 mile radius of the Intercontinental Airport Houston (IAH) located at 2800 North Terminal Road, Houston, TX 77032. The facility shall be located within appropriate proximity and access to emergency services (medical, ?re - protection, law enforcement, etc.). The Contractor shall ensure that the facility operates in a manner consistent with the mission of the Department of Homeland Security, ICE Detention and Removal Operations. ICE Detention and Removal Operations promotes safety and national security by ensuring the departure from the United States of all removable illegal residents through the fair and effective enforcement of the nation?s immigration laws. While in custody, ICE must ensure that such individuals are housed in a safe, secure, and humane environment and their statutory and constitutional rights are safeguarded. Within 30 days of contract award, the Contractor shall notify the Contracting Of?cer (CO) that the facility is ready to begin accepting detainees. This may occur earlier at the request of the Contractor, but only if ICE determines the Contractor is capable of accepting detainees. It is essential that the Contractor be fully prepared to accept responsibility for performing the requirements of the contract, thus ensuring the safety and security of the community. Therefore, ICE may perform numerous assessments to ensure contract compliance prior to issuance of the Notice to Proceed (N TP). 17 MARCH 2015 If ICE determines that the Contractor is capable of accepting detainees, the NTP will be issued. The Contractor shall be prepared to accept detainees immediately upon issuance of the NTP. Unless otherwise speci?ed, all plans, policies, and procedures, including those identi?ed in the ACA standards, shall be developed by the Contractor and submitted in writing to the COTR for review and concurrence prior to issuance of the NTP. Once concurrence has been granted, these plans, policies, and procedures shall not be modi?ed without the prior written acknowledgment of the CO. The Contractor does not have a right of refusal and shall take all referrals from ICE. The Contractor is prohibited from constructing any additional beds space or facilities at the contract location without the prior written approval of the CO. Further, the Contractor shall not house any non-ICE detainee population at the facility from any other entity without the expressed written prior approval of the CO. General The Contractor shall abide by all rules and regulations governing the site. The rules and . regulations are found in the following sources: 1. Post Orders 2. General Directives 3. American Correctional Association (ACA) Standards for Adult Local Detention Facilities (most current edition) and the most recent copy of the supplement issned every two years. A copy is obtainable for purchase through the Internet website. - 4. Of?cer?s Handbook Note that the Of?cer?s Handbook is in the process of being changed from INS to ICE. All ICE materials will supersede any INS materials. 5. The Performance Based National Detention Standards A copy is obtainable . on the Internet website Note that the Performance Based National Detention Standards are in the process of being changed from INS to ICE. All ICE materials will supersede any INS materials. 6. State and local laws governing usage of ?rearms. 7. All other regulations provided to the Contractor by the authority of the Contracting Of?cer. 8. Accomplishments of some ACA standards are augmented by policy and/or procedure. In these instances, the SOW identi?es and provides direction for the enhanced requirements. In cases where other standards con?ict with policy or standards, policy and standards prevail. All services must comply with the Performance Work Statement (PWS) and all applicable state and local laws and standards. Should a con?ict exist between any of these standards, the most stringent shall apply. If the Contractor is unable to determine which standard is more stringent, the Contracting Of?cer (CO) shall determine the appropriate standard. . 18 MARCH 2015 The COTR does not have the authority to modify the stated terms of the contract, or approve any action that would result in additional charges to the Government. The CO shall make all modi?cations in writing. The Government reserves its rights to conduct announced and unannounced inspections of any part of the facility at any time and by any methOd to assess contract compliance. The Contractor shall obtain ACA accreditation within 12 months of NTP and shall maintain continual compliance with applicable ACA standards and supplements during the performance ., of the contract, unless otherwise specified by the Once full accreditation has been obtained, the Contractor shall maintain this accreditation throughout the life of the contract, a inclusive of any option periods exercised. Accomplishments of some ACA standards are augmented by policy and/or procedure. In these instances, the PWS identi?es and provides direction for the enhanced requirements. In cases where other standards con?ict with policy or standards, policy and standards prevail. All policies referred to in this document can be referenced in each agencies? on-line websites. This PWS contains numerous references, which direct the Contractor to notify, contact, or provide the CO with information or data. Post-award, the CO may formally designate other Government individuals to assume those responsibilities. The Contractor is responsible for a Quality Assurance Surveillance Program (QASP), which ensures all requirements of this PWS are achieved. The specific requirements for the QASP are further detailed within this PWS. All records related to contract performance should be retained in a retrievable format for three years. Except as otherwise expressly provided in this PWS, the Contractor shall, upon completion or termination of the resulting contract, transmit tothe Government any records related to performance of the contraCt. The Contractor shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Records and information management functions are required and mandated by the following regulations: 44 U.S.CCFR 201 subchapters A and OMB Circular A-l30; and DOT Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, or removing federal records are addressed in 18 USC 2071, 793, 794 and 7989. The Contractor shall protect, defend, indemnify, save, and hold harmless the United States Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, sub-contractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs,'expenses and attorneys fees incurred as a result of any such claim, demand, 19 MARCH 2015 cause of action, judgment or liability, including those costs, expenses, and attorneys? fees incurred by the United States Government and its employees or agents. The Contractor?s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract. In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract. The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO shall be noti?ed in writing of all litigation pertaining to this contract and provided copies of any pleadings ?led or said litigation within five working days of the ?ling. The Contractor shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Contractor litigation. Policy and procedures shall be developed which ensure a positive relationship is maintained with all levels of the federal judiciary. The Contractor?s procedures shall ensure a tracking system is established which mandates that all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and Contractor responses, specifically related to a detainee, shall be made part of the detainee's ?le. The Contractor shall notify the CO when a member of the United States Congress requests information or makes a request to visit the facility. The Contractor shall coordinate all'public information related issues with the CO. All press statements and releases shall be cleared, in advance, with the ICE Of?ce of Public Affairs. The Contractor shall make public announcements stating the facts of unusual newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies. The Contractor shall 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 relate to any aspect of contract performance or the facility operations. Exclusivity The Contractor agrees that the facility is to be for the exclusive use of ICE and its detainee population. No other agency will be allowed to use the facility to house its detainees, prisoners, or inmates without prior approval of the Contracting Officer with input from the Contracting Of?cer?s Technical Representative. If given approval, a separate bed day rate shall be negotiated with the other agency and ICE shall not be responsible for payment related to beds used by another agency. The other agency will be separately invoiced for the beds it uses. The duration of the use of beds will be determined on a case by case basis. ., i 20 MARCH 2015 D. Quality Control- The Contractor is responsible for management and quality control actions necessary to meet the quality standards set forth in the contract. In compliance with the Federal Acquisition Regulation (F AR) Clause 52.246-4, Inspection of Services-Fixed, the Contractor must provide an internal Quality Assurance Plan (QAP) to the C0 for concurrence not later than the post award conference (or as directed by the CO). The C0 will notify the Contractor of concurrence or required modi?cations to the plan before the contract start date. The Contractor must make appropriate modi?cations and obtain concurrence of the plan by the CO before the contract start date. A NTP will be issued upon CO concurrence of the QCP. The Contractor shall provide an overall Quality Control Plan (QCP) that addresses critical operational performance standards for the services required under this contract. The QCP shall ensure that services will be maintained at a nniformand acceptable level. At a minimum, the Contractor shall periodically review and update the QCP policies and procedures on an annual basis. The Contractor shall audit facility operations for compliance with the QCP. The Contractor shall notify the Government 48 hours in advance of the audit to ensure the COTR is available to participate. The Contractor?s QCP shall identify de?ciencies, appropriate corrective action(s), and timely implementation plan(s) to the COTR. If the Contractor proposes changes in the QCP after contract award, the Contractor shall submit them to the COTR for review. If the COTR concurs with the changes, the COTR shall submit the changes to the CO. The CO may modify the contract to include these changes. Quality Assurance (QA) ICE will develop the Quality Assurance Surveillance Plan (QASP) pursuant to the requirements of the PWS. The QASP sets forth the procedures and guidelines that ICE will use to inspect the technical performance of the Contractor. It presents the ?nancial values and mechanisms for applying adjustments to the Contractor?s invoices as dictated by work - performance measured to the desired level of accomplishment. l. The purpose of the QASP is to: a. Define the types of work to be performed. b. Describe the evaluation methods that will be employed by the Government in assessing the Contractor?s performance. 0. Describe the process of performance documentation. 2. Roles and Responsibilities of Participating Government Of?cials a. The will be responsible for monitoring, assessing, recording, and reporting on the. technical performance of the Contractor on a day-to-day basis. The will have primary responsibility for completing ?Quality Assurance Surveillance Forms? to document their inspection and evaluation of the Contractor?s work performance. 21 MARCH 2015 b. The Administrative Contracting Of?cer (ACO) or designee has overall responsibility for evaluating the Contractor?s performance in areas of contract compliance, contract administration, and cost and property control. The CO shall review the evaluation of the Contractor?s performance and invoices. If applicable, deductions or with-holdings will be assessed in accordance with the evaluation of the Contractor?s performance, monetary adjustments for inadequate performance. F. Contractor?s Failure to Perform Required Services The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this solicitation. Speci?cally, the Government reserves its rights under the Inspection of Services and Termination clauses. Any reductions or with? holdings in the Contractor?s invoice shall re?ect the contracts reduced value resulting ?om the Contractor?s failure to perform required services. The Contractor shall not be relieved of full performance of the Services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance. G. Inspection by Regulatory Agencies Work described in the contract is subject to inspection by other Government agencies. The Contractor shall participate in responding to all requests for information and inspection or review ?ndings by regulatory agencies. H. Performance Evaluation Meetings The Contractor?s representatives shall meet with the and/or ICE-designee on a regular'basis as determined necessary by the Government. These meetings will provide a management level review and assessment of Contractor performance, a discussion and resolution of problems. Contractor?s Employee Manual The Contractor shall prqvide an Employee Manual, which, at a minimum, addresses the following: 1. Organization 2. Recruiting procedures 3. Opportunities for Equal Employment 4. Qualifying for jobs, job descriptions, responsibilities, salaries, and fringe bene?ts 5. Screening employees for illegal drug use 6. Holidays, leave, and work hours 7. Personnel records, employee evaluations, promotion, and retirement 22 MARCH 2015 8. Training 9. Standards of conduct, disciplinary procedures, and grievance procedures 10. Resignation and termination 11. Employee-management relations 12. Security, safety, health, welfare, and injury incidents The Contractor must provide a copy of the Employee Mannal to the Contractor?s employees at the facility. Upon reqnest by the COTR, the Contractor shall document to the Government that all employees have reviewed a copy of themanual. J. ICE Operations Manual The Contractor shall maintain the site speci?c ICE Operations Manual that contains ICE written policy, plans, and procedures. The Contractor shall make the manna] available to all employees. Every employee shall certify in writing that he or she has read, fully understands, and agrees to comply with the procednres outlined in the manual. The Contractor shall maintain these certi?cations and furnish them to the COTR if requested. K. Facility Staf?ng Plan and Key Personnel The Contractor shall provide a staf?ng plan that addresses at a minimum the staf?ng requirements and key personnelto be employed in connection with this contract as outlined in the PWS. The Contractor. shall staff the post-positions in accordance with the Contractor- submitted and Government-acknowledged Contractor Staffing Plan. The number, type and distribution of staff as described in the contract-staf?ng plan shall be maintained throughout the term of the contract, Written requests to change the number, type and/or distribution of staff described in the staf?ng plan must be submitted to the CO, through the COTR, for approval prior to implementation. Staf?ng levels shall not fall below a average of 95% of ICE-approved staf?ng plan. Each month, the Contractor shall submit to the COTR the current average vacancy rate, and indicate any individual positions that have been vacant more than 120 days. Failure to ?ll any individual position within 120 days of the vacancy may result in a deduction or with-holding from the invoice. . ICE may calcnlate the deduction retroactive to day one of the vacancy, excluding the days for conditional approval process, starting on the day of receipt and concluding on the day conditional approval is granted. 1. Minimum Staf?ng Requirements The Contractor shall fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population. The Contractor shall ensure daily Detention Of?cer Assignment rosters, by shift, for the duration of the contract. The assignment rosters shall indicate the number of staff, job titles, names, hours, and days of work for each post. The daily roster shall be posted 24 hours in advance. Shift rosters s? 23 MARCH 2015 must be provided toithe COTR on a daily basis. .The Contractor shall provide a minimum of one Detention Of?cer on each post. 2. Supervisory Staf?ng The Contractor is responsible to the satisfactory supervision of its employees at all times. Satisfactory supervision includes verifying attendance at all posts and positions, and upholding the work requirements of all personnel assigned under the contract. The Contractor shall provide the COTR with the names of Supervisory Detention Of?cers designated by the Contractor before commencement of services. In the absence of the approved Warden, another quali?ed person who meets the Warden position and security clearance requirements shall temporarily fill that position. This individual shall perform only job duties of the Warden in providing oversight and direction to contract Detention Of?cers and interfacing with ICE COTRs and/or designated ICE Of?cers and the Contracting Of?cer on all contract-related matters. 3. Key Personnel The Contractor shall provide resumes for key personnel to the Government as a part of the contract solicitation process. The Contracting Of?cer shall provide written approval before any employee is assigned to perform duties under this contract. The Contractor shall have key personnel employed and on site before the Contractor can begin contract performance. Any subseqaent changes to key personnel must meet these criteria and be approved in writing by the Contracting Of?cer. The following are considered key personnel for the contract. The Contractor may use other titles. a. Warden/Facility Director. The Warden/Facility Director shall hold an accredited bachelor?s degree in an appropriate discipline, have at least ?ve years of related administrative experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satis?ed by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor?s degree. The of?cial holding this position, even in an acting capacity, shall meet ACA requirements. b. Assistant Warden/Assistant Facility Director. The Assistant Warden/Assistant Facility Director shall hold an accredited bachelor?s degree in an appropriate discipline, have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satis?ed by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor?s degree. The of?cial . 24 MARCH 2015 holding this position, even in an acting capacity, shall meet ACA requirements. c. Chief of Security. The Chief of Security shall hold an accredited bachelor?s degree in an appropriate discipline, have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for leading security requirements for a secure detention/correctional facility. The degree requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor?s degree. d. Supervisory Detention Of?cers. Supervisors must have a minimum of one year of experience as a detention of?cer and two years of success?il experience in ?eld supervision (civilian community law enforcement, commercial or industrial guard service, or security service supervisory positions). The two-year requirement may be satis?ed by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the basic requirement. The degree requirement may be satis?ed by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor?s degree. e. Training Of?cers. Certi?ed instructors shall conduct all instruction and testing of Contract personnel. A state or national level recognized institution certi?cation of instructors is mandatory unless otherwise approved in writing by the COTR. Certi?cation of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COTR must approve the instructor prior to any training. f. Quality Assurance Manager. The Quality Assurance Manager shall hold an accredited bachelor?s degree in an appropriate discipline, or have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satis?ed by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor?s degree. g. Corporate Security Of?cer. The Corporate Security Of?cer shall hold an accredited bachelor?s degree in an appropriate discipline, or have a minimum of three years of related industry experience, and have knowledge of program objectives, policies, procedures, and requirements for securing a detention/correctional facility. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. 7 25 MARCH 2015 if. To establish and maintain a congenial line of communication with the Contractor, a Contractor?s Warden/Facility Director and the COTR shall work together as a team to ensure that required work is accomplished in an ef?cient and proper manner. There should be no hesitation to call special meetings to discuss and resolve serious problems. 4. Organizational Chart The Contractor shall provide an organizational chart that describes the structure of authority, responsibility, and accountability within the facilities. The Contractor shall update this chart as necessary. The Contractor shall make the chart available for review by the CO or COTR upon request. L. Employee Standards All employees shall meet the highest standards of professionalism and personal integrity. Standards of professionalism include competency, training, appearance, and behavior. The Contractor shall perform pre-employment suitability checks for all employees and prospective employees. The Contractor shall take disCiplinary action against employees who disregard those standards. M. Training Program The Contractor shall establish a training program for all employees, which incorporates the training requirements set forth in the ACA Standards and Subsection 5 of this PWS. The training plan shall include pro?ciency testing (if required), instructor(s) and instructor quali?cations, course descriptions, and detailed lesson plans that include subject matter and methods of presentation, course objectives, student evaluation procedures, and the location and duration of training. No less than 30 days after contract award and before contract performance begins; the Contractor shall submit the training plan to the COTR for review. The Contractor is not to begin training until the COTR has approved the training plan. N. Housing, Health and Medical Care, and Transportation The Contractor shall provide detention services, to include detainee welfare, transportation, and record keeping services for ICE, in support of the detention and removal process. 1. Detention Site Standards The Contractor shall ensure that detention sites conform to ACA and ICE Performance Based National Detention Standards. A ?re and emergency plan shall exist and shall be aggressively managed. The Contractor shall ensure facilities confermance to the following: a. Be clean and vermin/pest free. b. Have a suitable waste disposal program. if. 26 MARCH 2015 c. The Contractor shall distribute suitable linens (sheets, pillow cases, towels, etc.). Launder and change linens per ICE Performance Based National Detention Standards. d. The Contractor shall distribute appropriate clean blankets. e. The Contractor shall ensure ?re and emergency exits remain unimpeded to permit prompt evacuation of detainees and staff members in an emergency. f. The Contractor shall distribute articles of personal hygiene soap, toothbrush, toothpaste, comb, toilet paper, shaving equipment, and female sanitary items). For safety, security, and sanitation purposes, an inspection of the detainee housing areas shall be conducted by an Of?cer at a minimum of once per shift. The inspection shall be logged into the security logbook and be available for review by the COTR or ICE designee. All locks, windows, walls, ?oors, ventilators, covers, access panels, and doors shall be checked daily for operational wear and detainee tampering. The Contractor shall take immediate action to repair all defective equipment. - The facility shall be subject to periodic and random inspections by the COTR, ICE designee, or other of?cials to insure c0mpliance with ICE Performance Based National Detention Standards. De?ciencies shall be immediately recti?ed or a plan for correction submitted by the Contractor to the COTR for approval. 2. Health and Medical Care The Contractor shall comply with Written policies and procedures for appropriately addressing the health needs of detainees in ICE custody. Written policies and procedures shall include, but not be limited to, the following: a. Policies and procedures for accessing 24-hour emergency medical care for ICE detainees. b. Policies and procedures for prompt summoning of emergency medical personnel. c. Policies and procedures for evacuation of detainees, if deemed necessary by quali?ed medical personnel. d. Policies, procedures, and post procedures for duty of?cers to ensure that medical emergencies are recognized and attended to. e.The Contractor shall notify the COTR and/or ICE designee of all detainee requests for the need of medical treatment. These requests shall be addressed with urgency. . 3. Medical Services Medical Services shall be provided by DIHS and not the Contractor. . 27 MARCH 2015 Contractor shall transport detainees to the hospital or other medical facilities, as needed and/or requested by DIHS personnel, at no additional expense to the Government. a. DIHS will be responsible for providing all health care services provided under control for detained aliens in the custody of DHS. DIHS shall provide medical coverage at the facility no less than 24 hours per day, seven days per week. b. DIHS will provide, control, and administer all prescribed and over-the-counter medications. - c. The Contractor shall provide security with a minimum of a staff of one at all times. The Contractor shall coordinate and escort detainees to the medical units for sick call, appointments and pill line. Note: Optimum functioning of health services depends on a continuous ?ow of patients to and from the clinic with an average of one patient per provider every 10 minutes. Throughput for a clinic of this size could be as high as 250 patients per day. Escort personnel will have to be assigned accordingly. d. The Contractor is responsible for transporting detainees to the hospital and outside medical appointments as needed. e. The Contactor shall provide the detainees written instructions for gaining access to health care services. Procedures shall be explained to all detainees in the detainees? native language, and orally to detainees? who are unable to read, in accordance with Subsection 2 paragraph C. The detainee shall similarly be provided instructions and assistance in personal hygiene, dental hygiene, grooming and health care. It shall be made routinely available. f. DIHS shall provide for medical screening upon arrival at the facility performed by health care personnel or health trained personnel. - g. When communicable or debilitating physical problems are suspected, the detainee shall be separated from the detainee population, and immediately notify DIHS staff. Behavioral problems (detainee who is not diagnosed as and suicide observation will be the responsibility of the Contractor. h. Written policy and de?ned procedure shall require that detainee?s written health complaints are solicited and delivered to the medical facility for appropriate follow-up. i. Written policy and de?ned procedure shall require that health care complaints are- responded to and that sick call, conducted by DIHS personnel is available to detainees daily. If a detainee?s custody status precludes attendance at sick call, arrangements are made to provide sick call services in the place of the detainee?s detention. A minimum of one sick call shall be conducted daily. DIHS reserves the right to conduct triage and sick call in the place of the detainee?s detention. - if 28 MARCH 2015 j. DIHS shall provide to the Contractor and maintain basic ?rst aid kits. First aid kits shall be available at all times and shall be located throughout the facility, as necessary, to allow quick access. k. All employees obtain and maintain current certi?cations in emergency first aid procedures and Cardiopnlmonary Resuscitation (CPR). 1. Training program for the facility staff, is established by the responsible health authority in cooperation with the Facility Administrator, and provides instruction in the following areas: i. the ability to respond to health related situations within four minutes; ii. recognition of signs and and knowledge of actions required in potential emergency situations; administration of first aid and Cardiopulmonary Resuscitation iv. methods of obtaining assistance; v. recognition of signs and of mental illness; retardation, emotional disturbance and chemical dependency; . . . vi. procedures for patient transfers to appropriate medical facilities .or health care providers; vii. administration of medications by non medical personnel; and use of universal precautions. Note: in the event an injury or illness is determined to be caused by the Contractor, a cure letter will be issued. This cure letter will state the problem(s) (de?ciencies), indicate remedial action(s) and request a written reply. (The remedial action(s) must be taken immediately; the written reply will be due within ten (10) days.) Failure to take corrective action(s) immediately could result in contractual monetary adjustment for action(s) taken by DHS to correct the de?ciencies or possible contract termination. Facility Requirements for Infectious Disease Screening The Contractor will ensure that there is adequate space and equipment to provide medical intake screening including a TB screening chest X-ray within the intake processing area. In order to prevent the spread of airborne infections disease or cross contamination of zones within the facility, the HVAC system in the intake screening area will be constructed to exhadst to the exterior and prevent air exchange between the intake screening area and any other area within the facility. Infectious Disease Screening In order to prevent the transmission of Tuberculosis (TB) to the resident population of a detention facility, the Service Provider will perform TB screening as part of the a routine infectious disease screening within 12 hours of detainee admission and obtain documented clearance of transmissible disease before the detainee is assigned to a . 29 MARCH 2015 housing unit or is transferred from the intake processing area. A screening chest x-ray will be performed by a trained and quali?ed health care provider and interpreted by a credentialed radiologist. Detainees will remain isolated from the rest of the facility population (remain in the intake screening area) until the chest x-ray report is obtained and the interpretation veri?es that the detainee is free of infectious TB (turnaround time - for chest X-ray interpretation should be four hours or less). Detainees who are found to be infected or where there is a possibility that they are infected will be assigned to a respiratory isolation nnit until treatment or further testing is done and the detainee is no longer infectious. . Tele-radiology Service Provider The Contractor shall? use the services of the ICE Tele-radiology Service Provider (ITSP). The cost of the equipment; maintenance of the equipment; training of staff; arrangements for interpretation of the x-rays by credentialed radiologists; and transmission of data to and from the Detention Facility are provided by the ITSP and charged directly to ICE. The Contractor shall coordinate with the ITSP to ensure adequate space is provided for the equipment, connectivity and electrical services are installed, immediate 24/7 access to equipment for service and maintenance by ITSP technicians is granted, a tele-radiology coordinator is appointed and available for training by the ITSP, and medical staff is available to perform the screening exams and receive reports. The tele-radiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff (it is not necessary to appoint a full time coordinator if the volume of work does not support a full time employee). 4. Armed Transportation Services: The Contractor shall at a minimum, have the ability, (vehicles and trained staff) to securely transport 300 or more detained Subjects in any given 24 hours period to or from but not limited to the estimated destinations as listed below. The COTR shall?approve the number of teams assigned to any shift or period of time in order to meet the needs of ICE transportation requirements. Assigned teams are strictly for ICE directed transportation. All medical related transportation not originating from ICE will be provided by the Contractor at no extra cost to the government and shall not utilize the above required transport teams for ICE designated operations. The Contractor shall provide a supervisory staff member 24 hours seven days weekly to coordinate on a regular basis with ICE designated operations staff. Vehicle capacity be able to meet ICE operations demand for the transport detail speci?ed. The Contractor shall provide all such ground transportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the COTR or designated ICE of?cial. Transportation mileage reimbursable rates will be commensurate with current applicable federal travel allowance rates. When of?cers are not providing transportation services, the Contactor shall assign the employees to supplement security duties within the facility to assist ICE as directed by the COTR or designated ICE of?cial. However, the primary function of these of?cers is 30 MARCH 2015 transportation. Duties as directed by the COTR Utilizing these of?cers should not incur any additional expenses to the Go'vernment. a. Nothing shall restrict the Contractor from acquiring additional vehicles as deemed necessary by the Contractor at no additional cost to the Government. The Contractor shall not allow employees to use their privately owned vehicles to transport detainees. The Contractor shall furnish vehicles equipped with interior- security features in accordance with ICE Performance Based National Detention Standards including physical separation of detainees ?om guards. The Contractor shall provide the interior security speci?cation of the vehicles to ICE for review and approval prior to installation. . Vehicles furnished by the Contractor shall be equipped with interior security-features such as, but not limited to: door lock controls, window looks, a wire - cage with acrylic panel between the driver seat and the rear passenger seats, and - provide physical separation of detainees from Detention Of?cers. - b. In the event of transportation services involving distances that exceed a standard eight (8) hour workday to complete, the Contractor shall be reimbursed for related 'costs of lodging and meals commiserate with the U.S. General-Services Administration rates for suCh within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable Department of Labor Overtime rate for the-transportation of?cer position. The Contractor shall comply with ICE transportation standards related to the number of hours the Contractor employee may operate a vehicle. Overnight lodging resulting from transportation services shall be approved in advance by the COTR or designated ICE of?cial. I c. The tranSportation shall be accomplished in the most economical manner. d. The Contractor transportation personnel provided for the above services shall be of - the same quali?cations, receive the same training, complete the same security clearances, and wear the same uniforms as the other Contractor non-transportation personnel. Transportation of?cers shall have-the required state licenses with proper endorsements for vehicles used (commercial driver?s license) and the state DMV _Medjcal Certi?cation, if applicable. e. During all transportation-activities, at least one of?cer shall be the same gender as the detainee. Questions concerning of?cer assignments shall be directed to the COTR for ?nal determination. f. All transportation Detention Of?cers shall be armed in the performance of these . duties. - g. The Contractor shall, upon order of the upon his or her own decision in an urgent medical situation, transport a detainee to a hospital location. An of? cer, or of?cers, shall keep the detainee under constant supervision 24 hours per day until the 31 - MARCH 2015 detainee is ordered released from the hospital, or at the order of the COTR. The Contractor shall then transport the detainee tothe detention site. h. The COTR may direct the Contractor to transport detainees to unspeci?ed, miscellaneous locations. i. When the COTR provides documents to the Contractor concerning the detainee(s) to be transported and/or escorted, the Contractor shall deliver these documents only to the named authorized recipients. The Contractor shall ensure the material is kept con?dential and not viewed by any person other than the authOriz?ed recipient. The Contractor shall establish a fully operational communication system Compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the COTR shall be provided with current status of all vehicles and post assignment employees. I-Communicationis capability shall be coordinated with the COTR to ensure compatibility With ICE communications at a vehicle-to-vehicle, vehicle to base station and vehicle to handheld communications level. 1. Failure of the Contractor to comply fully with the detainee(s) departure as pre- . scheduled shall result in the Contractor having deductions or with-holdings made for non-performance. - I m. ICE anticipates normal transportation requirements ata base location a 25-mile radius of IAH other than hospital Visits and local needs consisting of the following, but not limited to: - 32 MARCH 2015 Houston Transportation 33 MARCH 2015 5. On?Call Post Guard ?ervicesz The Contractor agrees to provide stationary guard services on demand by the COTR and shall include, but not limited to, escorting and guarding detainees to medical or doctor?s appointments, hearings, ICE interviews, and any other remote locations requested by the COTR or ICE-designee. Quali?ed detention of?cer personnel employed by the Contractor under its policies, procedures, and practices will perform such services. The Contractor agrees to augment such practices as may be requested by ICE to- enhance speci?c requirements for security, detainee monitoring, visitation, and Contraband control. Public contact is prohibited unless authorized in advance by the COTR. The Contractor shall be authorized one of?cer for each such remote location, unless-at the" direction of the COTR or designated Agency of?cial as additional of?cers are required. - 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 the names of the detainees that were guarded. Such services shall be denoted as a separate item on submitted invoices. ICE agrees to reimburse the Contractor for actual stationary guard services provided at a negotiated rate. Upon order of the COTR or designated ICE of?cer, or in an emergency situation, the Contractor shall take custody of and safeguard detainee(s) at a hospital or clinic when the detainee(s) are undergoing medical examination. If the detainee is admitted to the hospital, the detainee will remain in the custody of a contract employee. The centract employee will remain until relieved by another contract employee. Twenty-four hour custody shall be maintained, with constant visual observation when practicable. The detainees shall not use the telephones unless the Contractor receives prior approval from the COTR. The contract employees shall not fraternize with clinic/hospital staff or with casual visitors to the clinic/hospital. Detainee visitation is not permitted at the hospital. To prevent any situation, - - which could result in a breach of security, requests for visitation while the detainee is in detention, including hospital detention, shall be pre-approved, by the prior to allowing access to the detainee. The Contractor is obligated to relay messages as requested by the detainee t0 ICE COTR. The Contractor shall be reimbursed for these services only when such services are directed by the COTR or ICE-designee. - - 6. Noti?cation and Public Disclosures There shall be no public disclosures regarding this contract made by the Contractor (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and . express permission granted by the ICE Contracting Of?cer. The Government considers such information privileged or con?dential until award of the centract. 34 MARCH 2015 HI. PERSONNEL The Contractor shall employ personnel whose quali?cations are commensurate with job responsibilities and authority levels. The Contractor shall assure that employees meet the standards of competency,__training, appearance, behavior, and integrity. The Contractor will effect disciplinary or adverse action against employees who disregard those standards. - A. Minimum Standards of Employee Conduct The Contractor shall develop standards of employee conduct and corresponding disciplinary actions that are consistent With the following standards of conduct. All employees shall certify in writing that they have read and understand the standards. A record of this certi?cate must be provided to the COTR ,pr?ior to the employees beginning work under this contract. The I Contractor shall hold employees accountable for their conduct based on these standards, which are not restricted to, but must include: I. EmplOyees shall not display favoritism. or preferential treatment to one detainee, or group of detainees, over another. - 2. Employees shall not discuss or disclose information from detainee ?les or immigration cases, except when necessary in the performance of duties under this contract or required by law. . 3. The employee may not interact with any detainee except in a relationship that supports the approved goals of the facility. Speci?cally, employees shall not receive nor accept any personal (tangible or intangible) gift, favor, or service, from any detainee, any detainee?s family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give anygift, favor, or . service to detainees, detainee?s family, or associates. .. The employee shall not enter into any business relationship with detainees or their. families selling, buying, orttrading personal property). 5. The employee shall not have any outside or social contact with any detainee,_his or her' family, oraSSOCiates, except for those activities, which are part of the facility program and a part of the employee?s job description. - 6. All employees are required to immediately report to the Warden/Facility Director or ICE Supervisor any criminal or non-criminal violation or attempted violation of these standards. 7. The Contractor shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COTR. Violations may result in employee removal from the facility. Failure on the part of the Contractor either to report a known violation or to take appropriate disciplinary action against offending employee or employees - shall subject the ContractOr to appropriate action including possible termination of the contract for default. - - MARCH 2015 a; 8. The Contractor shall not employ any person who is currently an employee of any federal agency including active duty military personnel or whose employment would present an actual or apparent con?ict of interest. - 9. Violations .of applicable law or standards of obnduct may result in removal from the I contract by the C0 or ICE-designee. - B. Minimum Personnel Qualification Standards The Contractor must agree that each person employed by the ?rm or any subcontractor(s) shall have a social security card issued and approved by the Social Security Administration and shall be a United States citizen or a person lawfully admitted'into the United States for permanent residence, havelrersi?ded in the US. for the last ?ve years, possess a high schoOl diploma or equivalent have no criminal record. Each employee of the ContraCtor and of any 'subcontractor(s) must complete and sign a Form 1-9, ?Employment Eligibility Veri?cation,? before commencing work. The Contractor shall retain the original Form 1-9 and shall ?mn'sh the COTR with a. copy of the Form before the employee commences work. The Contractor shall I - be responsible for acts and omissions of its employees and of any subcontractor(s) and their employees. In addition, each contract employee shall meet the following requirements in accordance with the contract requirements: - . 1. All employees shallbe a minirnum of 21 years of age. 2. Employees shall have at least two years of general experience that demonstrates the - following: - a. The ability to greet and deal tactfully with the general public; b. Capability of understanding and applying written and verbal orders, rules, and regulations. All personnel shall be literate and interpret printed rules and regulatiOns, detailed written orders, training instructions and materials, and must be able to compoSe reports (if hand-written the reports must be legible); 0. Good judgment, alertness, an even temperament, and render satisfactory performance through knowledge of his/her position responsibilities; - I (1. Ability to maintain poise and self-control during situations that involve mental stress, such as ?res, explosions,-civil disturbances, and building evacuations. 3. All employees on this contract must maintain current/physical residency in the continental United StatesMARCH . C. Health Requirements for All Detention Of?cers The Contractor shall assign only employees who are in good health to work under this contract. Employees shall be without physical defects or abnormalities that would interfere with performing duties. All Detention Of?cers who work under this contract shall pass a medical examination conducted by a licensed physician within 30 days prior to initial assignment. The ContraCtor shall have a collaborative agreement with a fully licensed certi?ed independent clinic and laboratory for the purpose of accomplishing the Standard Form 88, Medical Record Report of Medical Examination. The Medical Record Report of Medical Examination, Standard Form 88, shall evidence the physical ?tness of each Detention Of?cer. Ifrequested bythe COT-R, the Contractor shall make medical records of contract employees available for reView. The Contractor will keep one duplicate copy of each Standard Form 88. Prior to the of?cer?s initial assignment or reassignment to the ICE site, the Contractor shall certify in writing to the COTR that each Detention Of?cer is in full compliance With the following: 1.2 Detention Of?cers must be free ?om any serious physical illnesses, ailments, or maladies, including epilepsy. This also includes other diseases that may be transmitted to and result in the disablement of other persons. I 2. Detention Of?cers are required to have the following: corrected distant Vision must be equal to or better than 20/20 in each eye; binocular distant vision must be correctable to 20/20; monocular vision is generally disqualifying; depth perceptiOn must be equal to or. better than 70 seconds of are; peripheral vision must be normal; (6) color vision must be normal. Acceptable measure of color discrimination is the Ishihara color (14 plates). X-chrome lenses are not acceptable to ICE as a means of correctng color de?ciencies. Any disease or condition, which interferes with a person?s vision, may be considered disqualifying. Cases will be reviewed on a case-by-case basis by the COTR. I 3.. Detention Of?cers are required _to be able to hear in the frequency range from 500-2000 hertz the de?cit should not exceed 30 decibels in either car. At 3000 Hz, the de?cit should not exceed 40 decibels :in either ear. The use of any hearing aid to comply with the medical standards is unacceptable. Any disease or condition, which interferes with the ability to hear, may be considered disqualifying. Cases will be reviewed on a case-by-case basis by the COTR. ., 4. Detention Of?cers shall not have heart, lung, skeletal, or other physical defects that would impair their ability to perform effectively in either normal or emergency situations. - 5.- Detention Of?cers shall possess unimpaired use of hands, arms, legs, and feet. Detention Of?cers shall be able to run when necessary and be capable of handling portable ?re extinguishers, building ?re hoses, and related equipment. - 2015 . I 6. Detention Of?cers shall be able to wear all necessary equipment, or other protective items. 7. Of?cers shall be mentally alert and emOtionally stable with an absence of detectable neurotic or conditions that would affect their ability to act during a stressful situation involving mental stress. 8; 'As required by the Occupational Safety and Health Administration, 29 CFR, Part 1910.1035 (Occupational Exposure to Tuberculosis), all employees in occupations with high-risk exposure are required to have a TB Skin Test completed annually. The Contractor shall accomplish a baseline test on all newly hired employees. Each employee must have a TB Skin Test Certi?cate prior to entering on his/her ?rst day of duty. The Contractor shall be responsible for re-testing of employees annually. - 9. The Contractor shall report immediately any changes to (1) through (8) above, in a Detention. Of?cer?s health status to the COTR. If the COTR determines that Contractor employees do not meet minimum health standards, the Contractor?s employee must undergo a ?Fitness for Duty?? examination at no cost to the Government. D. Random Drug Testing The Contractor shall develop a random drug-screening program. ICE may require drug . screening for cause at anytime. Drug Screening is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates (morphine/codeine), (PCP), and marijuana metabolites by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug-Abuse (N IDA) must perform the screening. The Contractor shall order and accomplish drug screening at theContractor?s expense. The Contractor shall provide the results of all such drug screening to the COTR within 24 hours after receipt. I E. Contraband Program and Inspection A contraband control program shall be established in accordance with ICE Performance Based National Detention Standards and the ACA standards on the control of contraband. The Contractor?s employees are subject to random contraband inspection in accordance with facility standards and policies. ICE may require contraband screening and inspection for"- cause at any time. Upon noti?cation of a Violation by the COTR, the Contractor shall immediately remove the employee from performing duties under this contract. The Contractor shall revoke . employees? credentials, complete required disposition, and immediately notify the COTR when the employee is removed from duty. - I F. Removal from Duty If the COTR or the Contractor receives and con?rms disqualifying information concerning a Contractor employee, the Contractor shall, upon noti?cation by the COTR, immediately remove theeniployee from performng duties under this contract. The Contractor shall revoke the - 38 MARCH 2015 a? .e-susve employee?s identi?cation credentialsand complete any required dispositions. The Contractor. shall immediately notify the COTR when the employee is removed from duty. Disqualifying information includes but is not limited to the following: Conviction of a felony, a crime of violence, domestic violence, or a serious misdemeanor.- PosseSSing a record of arrests for continuing offenses. I Falsi?cation of information entered on suitability forms. Non-payment of court ordered payments (child support, liens, etc.) or excessive delinquent debt as determined by credit check. 5. Misconduct or negligence in prior employment, which Would, have a bearing on ef?cient service in the position in question, or would interfere with or prevent effective accomplishment by the employing agency of its duties and responsibilities. 6. Alcohol abuse of a nature and duration, which suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of others. 7. Illegal use of narcotics, drugs, Or other controlled substances, without evidence of substantial rehabilitation. - ICE may direct the Contractor to remove any employee who has been disquali?ed either for security reasons or for being un?t to perform his/her duties as determined by the COTR or the Contracting Of?cer. The Contractor shall take action immediately and nOtifythe COTR when I the employee is removed ?om duty. A determination of being un?t for duty may be made from, but is not limited to, incidents of delinquency set forth below: 1. Violation of the Rules and Regulations Governing Detention facilities 'set forth in ICE Publications entitled ?Detention Of?cer Handbook?; 2. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101- 20.3; - - - 3. Neglect of duty, including sleeping while 011 duty, loa?ng, unreasonable delays or failures to . carry out assigned tasks, conducting personal affairs during of?cial time, leaving post without relief, and re?ising'to render assistance or cooperation in upholding the. integrity of the'security program at the work sites; - 4. Falsi?cation or unlawful concealment, removal, mutilation, or destruction of any of?cial documents or records, or concealment of material facts by willful omissions from of?cial documents or records; - Theft, vandalism, immoral conduct, or any other criminal actions; 6. Possessing, selling, consuming, or being under the in?uence of intoxicants, drugs, or substances which produce similar effects; 7. Unethical or improper use of of?cial authority or credentials; 8. Unauthorized use of communication equipment or government property; 9. Misuse of equipment or'weapons; 39 MARCH 2015 '10. Violations of security procedures-or regulations; .1 l. Recurring tardiness; 12. Possession of alcohol, illegal substances, 0r contraband while on duty; 13. Undue ?aternization with detainees as determined by the 14. Repeated failure to comply with visitor procedures as determined by the COTR, 15. Performance, as determined by investigation by the Contracting Of?cer involving acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense resulting in, or contributing to, a detainee escape; 16. Failure to maintain acceptable levels of pro?ciency or to ful?ll training requirements; 17. Changes in an employee?s ability to meet the physical and/or mental health requirements of this contract; - 18. Contractor employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the disposition. At the direction of the COTR, theContractor shall reassign contract employees who have been arrested or who have alleged misconduct to duties that do not permit direct contact with . detainees pending the disposition of the charges. Any alleged misconduct shall be reported - immediately to the COTR. If such reassignments are not available, the Contractor shall remove the employee from work under this contract and other ICE contracts. Tour of Duty Restrictions The Contractor shall not utilize any uniformed contract employee to perform duties under this contract for more than 12 hours in any 24-hour period, and shall ensure that such employees. have a minimum of eight (8) hours off between shifts. Authorization is required ?'orn the COTR prior to . an employee performing services that exceed 12 hours. If an employee is performing other duties - for either the Contractor or another employer, those hours shall count against the 12-hour limitation. Dual Positions I. Contractor personnel shall be adequately supervised at all times by indiViduals who are full-time supervisors and have met the supervisory training requirements. In the event that a supervisory detention of?cer is not available for duty, the Contractor shall provide a full-tinie supervisor as a 1 replacement. A contract employee shall not hold the position of Detention Of?cer and Supervisory Detention Of?cer simultaneously. The COTR will document and refer to the Contracting Of?cer the failure - of the Contractor to provide necessary personnel to cover positions. Post Relief As indicated in the post orders, the Detention Of?cer shall not leave or her post until relieved by another Detention Of?cer. When the Contractor or Contractor?s Supervisors authorize rest or relief I .40 MARCH 2015 I periods, the Contractor shall assign undesignated of?cers to perform the duties of the Detention Of?cers on break. J. Personnel Files The Contractor shall maintain a system of personnel ?les, and make all personnel ?les available to the CO and the COTR upon request. These ?les shall be maintained and current for the duration of the employee?s tenure under the contract. The ?les shall contain veri?cation of training and experience and credentials for all the staff. K. Uniform Requirements These requirements apply to Supervisory Detention Of?cers and Detention Of?cers who perform work under the contract. 1. Uniforms: The Contractor shall provide uniforms to 'its employees. The design and color of the Contractor?s uniforms shall not be similar to those worn by ICE of?cers. All of?cers performing under this contract Shall wear UnifOrms of the same style and color while on duty. 'Lettered breast badges and cap insignia must indicate the rank of authority and be prominently displayed as part of each uniform. A shoulder patch on the left shoulder should identify the Contractor. The of?cer shall not wear any other identi?catiOnOf the Contractor on the uniform. Each of?cer shall wear an identi?cation nametag over the right breast shirt pocket. . Uniforms and equipment do not have to be new, but shall be in good condition and meet the standards at start 'of duty; Of?cers not in proper uniform shall be considered ?not ready for duty/not on duty? until properly uniformed. All uniforms shall be clean, .neat, and in good order. The complete uniform may consist of seasonal attire that includes appropriate shirt, pants, belt, cap, jacket, shoes or boots, handheld radio, and Contractor-issued metallic badge. The Contractor shall ensure that each of?cer has a complete uniform while performing assignments under this contract. - - The COTR Shall have the right to approve or disapprove any uniform apparel. 2. Identification Credentials: The Contractor shall ensure that all employees both uniformed and non?uniformed (if applicable) have the required identi?cation credentials in their possession while on the premises. The Contractoridenti?cation credential document shall contain the following: a. A photograph that is at least one inch square that shows the full face and shoulders of the employee and is no more than 30 days old when the Contractor issues the credential. 41' MARCH 2015 b. A printed document'tthat contains personal data and description consisting of the . employee?s name, gender, birth date, height, weight, hair color and color, as well as the date of issuance, the signature of the employee, and the signature of proj ect manager or designated Contractor personnel. - c. To avoid the appearance of having Government issued badges, the Contractor shall not possess wallet type badges or credentials. All credentials shall be approved by the COTR or other ICE designated of?cial. - - L. Permits and Licenses 1. Business Permits and Licenses The Contractor must obtain all required permits and licenses by the date of contract award. The Contractor must (depending on the state?s requirements) be licensed as a quali?ed security - service company in accordance with the requirements of the district, municipality, county, and state in which ICE work site(s) is/are loCated. Throughout the term of this contraCt, the Contractor shall maintain current permits (including local building permits) and business licenses and make copies available for Govemment inspection. The Contractor shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards. -. Licensing of Employees Before reporting to duty on this contract, the Contractor 'shall ensure each employee has registration, commissions, permits, and licenses as required by the. district, municipality, county, and state in Which ICE work site is located. The Contractor shall verify all licenses. and certi?cations. If applicable, all Contractor staff shall possess a current license/registration, in the state in which they are practicing. Jurisdiction The Contractor?s authority under this Contract is limited to space or poSts that are under the charge and control of ICE. The Contractor will not extend services into any other areas. - . Encroachment . Contract employees shall not have access to Government equipment, documents, materials, and telephones for any purpose other than as authorized by ICE. Contract employees shall not enter . any restricted areas of the piocessing centers unless necessary for the performance of their duties. Work Schedules The ContraCtor shall follow the criteria described below when establishinglwork Schedules, contact relief, rest periods, and starting and stopping work. 42. MARCH '2015 1. Post Work Schedules One week in advance, the Contractor shall prepare supervisory and Detention Of?cer work . schedules, for a two-week period, and shall post them in work'areas or locker rooms. A manpower report shall be submitted to the COTR on a basis. Schedules shall be prepared on a form designated by ICE. Changes in duty hours shall also be posted on this form in suf?cient time to ensure 24-hour advance notice. By noon each day, the Contractor shall provide, to ICE the duty roster showing all assignments for the following day. At the completion of each shift, the Contractor shall also provide an employment reportlisting (copies of the sign-in sheets Form 139, Record of Arrival and Departure ?om Buildings during Security Hours] for each shift) for each employee who actually worked, work classi?cation, post assignments, and hours worked, as well as total hours worked by supervisory and-non?supervisory employees to the COTR. An ICE-approved alternate version (electronic or hard copy) may be substituted for the GSA Form 139. Contract Supervisor shall "conduct regular post checks to ensure personnel are prepared to be on duty. When a contract employee is not being utilized at a given post, the Contractor at the direction of the COTR or ICE-designee may reassign him/her to another post. I Starting and Stopping Work The Contractor is responsible for all employees to be dressed in full uniform and ready to begin work at the beginning of each shift. Each employee shall remain at the duty locations until the shift is- completed. The Contractor shall provide, to ICE COTR, documentation certifying that each contract employee has been issued approved uniforms and equipment prior to Entry on Duty (EOD) date. -3. Recording Presence The Contractor shall direct its employees to sign in when reporting for Work, and to sign out when leaving at the end of their period of duty. The Contractor?s supervisory and regular personnel are required to register at the applicable work site(s) and shall use GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours Or other format approved by ICE. The Government shall specify the registration points, which will be at the. protected premises, and the Contractor "must utilize those points for this purpose. Of?cers, working as supervisors, shall make the designation ?Supervisor? in the rank column on GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours, or other format approved by all others will enter ?On Duty.? The applicable post or position numbers may be entered in the ?relief column after mutual concurrence between ICE and the Contractor. Each line on GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours, or Other format approved by ICE must be completed in chronological order, without exception. Lines may not be left blank between Signatures. If an entire-line is used to enter a calendar date to separate individual workdays, a one-line limit for each date entered ,will be followed. Erasures, obliterations, superimposed, or double entries of any type on any . . 43 MARCH 2015 3:5 one line are unacceptable and will not be processed for payment. If errors are made in . signatures, times, post numbers, or duty status on this form, the next line immediately following the line containing such errors, will be used to record all corrected information. A single line will be drawn through the entire line on which such mistakes appear. The - Contractor must attach a detailed memorandum explaining the reasons for the mistakes to each form containing erioneous entries. 4. Rest Periods If the Contractor, or a contract supervisor, authorizes rest and relief periods for the contract employees, then a substitute of?cer shall be assigned to the duty location. 5.. Work Relief When the work assignments require that the Contractor?s employees do not leave the assigned duty locations until a substitute officer has provided relief, this condition shall be explicitly stated on GSA Form 2580, Guard Post Assignment Record, or other format approved by the ICE COTR. The Contractor shall enforce the procedure Without exceptions. 44 MARCH 2015 IV. BACKGROUND AND CLEARANCE PROCEDURES A. Background Investigations Required The Contractor shall process all background investigations through the ICE Security Of?ce Via the COTR prior to contract start date. ICE shall have complete control over granting, denying, suspending, and/or terminating employment suitability checks for Contractor employees and prospective employees. If the COTR receives a report indicating the unsuitability of any employee or prospective employees, the COTR shall inform the Contractor that the Government will not allow the individual on site. - - B. Security Requirements The Department of Homeland Security (DHS) has determined that performance of the task requires that the Contractor, subcontractor(s), vendor(s), etc. (herein knownas Contractor.) access classi?ed National Security Information (herein known as classi?ed information). Classi?ed. information is Government information, which requires protection in accordance with I . Executive Order 12958, National Security Information, and supplementing directives. I This clauseapplies to the extent that this contract involves access to classi?ed information. The Contractor shall comply with: (I) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD and (2) Any revisions to that manual, notice of WhiCh has been furnished to the Contractor. If, subsequent to the date of this contract, the security classi?cation or security requirements . under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwiSe'affe'ct any other term or condition of this contract, the contract shall be subj ect to an equitable adjustment as if the changes were directed under the - Changes clause .of this contract. The contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph but excluding any reference to the Changes clause of this. contract, in all subcontractswunder this contract that involve access to classi?ed information. The Contractor will abide by the requirements set forth in the DD Form 254, Contract Security Classi?cation Speci?cation, included in the contract, and the National Industrial Security Program Operating Manual (N ISPOM) for the protection of classi?ed information at its cleared facility, if applicable, as directed by the Defense Security Service. If the Contractor has access to classi?ed information at a DHS or other Government Facility, it will abide by the requirements set by the agency. I - . 45 MARCH 2015 Suitability Determination I DHS shall have and exercise full control over granting; denying, withholding, or terminating unescorted government facility access and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable BOD decision would allow the employees to. commence work temporarily prior to the completion of the full inVestigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as,a result thereof. The grantng of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. The Of?ce of Professional Responsibility, Personnel Security Unit shall allow no employee of the Contractor to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination. No'employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable BOD-decision or suitability determination by the Contract employees assigned to the contract not needing access to sensitive DHS information or recurring access to facilities will not be subject to security suitability screening. Background Investigations Contract employees (to include applicants, temporaries, part-time, and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of. the position sensitivity analysis shall identify the appropriate backgroUnd investigation to .be conducted. Background investigations will be processed through the Prospective Contractor employees with adequate security clearances issued by the Defense Industrial Security Clearance Of?ce (DISCO) may not be required to submit complete security-packages, as the clearance issued by DISCO may be accepted. Prospective Contractor employees without adequate security clearances issued by DISCO shall submit the following completed forms to the through the COTR, no less than 5 days before the starting date of the contract or ?ve days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: - 1. Standard Form 86, ?Questionnaire for National Security Positions? Form will be submitted via (electronic Questionnaires for Investigation Processing) (two copies) 2. FD Form 258, ?Fingerprint Card? (two copies) 3. Foreign National Relatives .or Associates Statement I DHS 11000-9, ?Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act? - - '46 MARCH 2015 5. Drug Questionnaire 6. Alcohol Questionnaire Required forms will 'be provided by DHS at the time of aWard of the contract. Only complete packages will be accepted by the OPR-PSU. Speci?c instructions on submission of packages will be provided upon award of the contract. - -- Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past ?ve years, the Governn'nent may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right'to deem an applicant as ineligible due to insuf?cient background information. - - The use of citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to, development of, or maintenance to any DHS information technology (IT) system. Continued Eligibility If a prospective employee is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. I The may require drug'screening for probable cause at any time and/or when the Contractor independently identi?es circumstances where probable cause exists. I . The may require reinvestigations when derogatory information'is received and/or every ?ve years. DHS reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in con?ict 'with the standards of conduct, 5 CFR . 2635 and 5 CFR 3801, or whom DHS determines to' present a risk of compromising sensitive Government information to which he or she would have access under this contract. . . The Contractor will report any adverse information coming to its attention concerning contract employees under the contract to the through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment ofan employee does not obviate the requirement to submit this report. The report shall include the employees? name and social security number, along with the adverse information being reported. The OPR-PSU must be noti?ed of all terminations/resignations within ?ve days of occurrence. The Contractor will return any. expired DHS issued identi?cation cards and building passes, or those of terminated employees to the COTR. If an identi?cation card or building pass is not - available to be returned, a report must be submitted to the COTR, referencing the pass or card- number, name of individual to whom issued, and the last known location and disposition of the 47 MARCH 2015 pass or card. The COTR will return the identi?cation cards and building passes to the responsible ID Unit. Employment Eligibility I . The Contractor will agree that each employee working on this contract will success?illy pass the DHS Employment Eligibility Veri?cation (E-Verify) program operated by USCIS to establish work authorization. - The Contractor must agree that each emplOyee working on this contract will have a Social Security Card issued and approved by the social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of its own employees and for any subcontractor(s) and their employees. - Subject to existing law, regulations, and/or other provisions of this contract, illegal or undocumented detainees will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. . Security Management The Contractor shall appoint a senior of?cial on site to act as the Corporate Security Of?cer. . - The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of allGovernrnent information and data accessed by the Contractor. The. COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utiliZed by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security . requirements of this 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 such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service (FINS) operations. These entities are hereafter i?eferred to as the Department. - Information Technology Security Clearance - When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such'data as outlined in DHS IT Security Program Publication DHS MD 43 00. Contractor personnel must have favorably adjudicated background investigations commensurate with the de?ned sensitivity levelMARCH Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information. is subject to criminal and civil penalties and sanctions under a variety of laws Privacy Act). Information Technology Security Training and oversight All Contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the - appropriate component agency of DHS. - Contractors, who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department Contractors, with signi?cant security responsibilities, shall receive specialized training speci?c to their security responsibilities annually. The level of training shall be commensurate with the individual?s dutiesand responsibilities and is intended to promote a- consistent understanding of the principles and concepts of telecommunications and IT systems security. - All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems; Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Of?ce or Information System Security Of?cer (ISSO). I C. Initial Drug Testing The Contractor must obtain screening for the use of illicit drugs of every employee and prospective employee working under this contract. Drug screening is urinalysis to detect the use of amphetamines, cocaine metabolites,.opiates (morphine/codeine), (PCP), and marijuana metabolites?by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug Abuse (N IDA) must perform the screening. . Prior to the granting of a favorable EOD decision, the Contractor must submit the results of the drug screening'on the applicant to the COTR. Drug testing of an applicant will commence as soon as scheduled upon receipt of an applicant?s personnel suitability packet by the COTR.. The results Of an applicant?s drug test must be submitted to the COTR no later than 21 calendar days - after receipt of an applicant?s personnel suitability packet. Such tests shall be obtained from a - 'National Institute of Drug Abuse (N IDA) approved laboratory and screened for the presence of the following drugs or drug classes: amphetamines, cocaine metabolites, opiates - (morphine/codeine), (PCP) and marijuana metabolites. (The reserves the right to expand the list above to include additional drug/drug classes.) The Contractor shall ensure that all federal, state, and local legal procedures are followed whether or not included in these procedures, with regard to the specimen, the Contractor must ensure that the con?rmations 49. . MARCH - a are correct and that an adequate chain of custody procedure exists and isfollowed. The I Contractor must post the ICE ?Drug Free Workplace Policy? in all contract work areas. I MARCH 2015- 50 V. TRAINING - Employees shall not perform duties under this contract until they have successfully completed all initial training and the COTR receives written certi?cation from the Contractor. A. General Training Requirements All employees must haVe the training described in the ACA Standards and in this sub-section. Any remuneration (pay) due Contractor employees in accordance with Department. of Labor regulations for any training time is the responsibility of the Contractor. The Contractor shall provide the required refresher courses an institution acceptable .to the COTR to provide the training. Failure of any employee to ebmplete training successfully is suf?cient reason to disqualify him or her ?'om duty. - - All new Detention Of?cers will receive 54 hours of basic training, not to include ?rearms, and 40 hours of on?the-j ob training prior to entering on. duty. The Contractor?s Training Of?cer will be responsible for administering an on-the-j ob training program for new employees. A senior Detention Of?cer, at all times during this latter 40-hour period, must accompany the Detention Officers. The Contractor?s Training Of?cer shall send a copy of the documentation to the COTR upon Successful completion of the employee?s on?the?job training. . - In addition, after completion of the ?rst 94 hours of training, the Contractor has 60 days to complete an additional 40 hours of training. During the remainder cf the ?rst year on duty, the of?cer will have an additional 40 hours of training for a total of 174 hours Within the ?rst year of employment. The training program must directly relate to the employee?s assigned position and afford application of necessary job skills. The training site will be provided by the Centractor at no cost to the Government. - - 1.. Basic Training subjects Employees must complete the following list of basic training subjects. The course title is followed by the estimated hours of training for that subject. Site-speci?c trainings may be .. conducted with the approval of the COTR. - a. In-service Orientation! Social Diversity - 2 HRS - b. Counseling Techniques/ Suicide Prevention and Intervention 2' HRS . Conducthuties/Ethics and Courtroom Demeanor 2 HRS (1. Bomb Defense and Threats i 1 HR e. Telephone Communications/Radio Procedures 1 HR f. ire and other Emergency Procedures 2 HRS g. Treatment and Supervision of Detainees 'Force Policy . . 2 HRS 1. Security Methods/Key Control/Connt 1 HR - 51 MARCH 2015 j. Procedures/Observational Techniques k. Sexual Harassment I l. Detainee Escort Techniques in. ICE Paperwork/Report Writing - n. Detainee Searches/Detainee Personal Property 0. Property/Contraband p. Detainee Rules and Regulations I q. First Aid* r. Cardiopulmonary resuscitation Blood?home Pathogens* t. Self Defense 9'5 u. Use of Restraints v. Firearm. Training w. Sexual Abuse/Assault Prevention and Intervention* it. Performance Ba'sed National Detention Standards?= y. DHS Sensitive But UnclaSsi?ed Information Training z. I DHS Information Assurance Awareness Training. Additional trainings may be required at the request of the C0 or ICE-designee. Critical Training Subjects 4HRS ZHRS IHR ZHRS 4HRS 2HRS . HRS -6HRS 2HRS 2HRS 2HRS 2HRs Firearm Training for Required Armed Detention Services shall be in accordance with . state licensing requirements. he Contractor shall certi?z proficiency every quarter. . Refresher Training Every year the Contractor shall conduct 40 hours of Re?'esher Training for all Detention Of?cers including Supervisory Detention Of?Cers. Refresher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. The Contractor shall coordinate recerti?cation in CPR and First Aid with the ICE training staff. This training shall be provided at no cost to the Government. Annually, upon completion, the I Contractor shall provide doc'Umentation of refresher training to the COTR. In addition to the re?esher trainingrequirements'for all Detention Of?cers, supervisors must receive re?'esher training relating to Supervisory duties. MARCH 2015 52 I 3.- On?the-Job Training After completion of the minimum of 54 hours basic training, all Detention Of?cers will receive an additional 40 hours of on?the?job training at speci?c post positions. This training includes: - a. Authority of supervisors and organizational code of Conduct. b. General information and special orders. Security systems operational procedures. (1. Facility self-protection plan or emergency operational procedures. e. Disturbance Control Team training. 4. Training During Initial 60 Day Period The Contractor shall provide an additional 40 hours of training for Detention Of?cers 60 days after completion of the first 94 hours of training. The Contractor shall provide the training format and subjects, for approval by the COTR and/or prior to the commencement of training. 5. - Basic First Aid and CPR Training All members of the Contractor?s security staff shall be trained in basic ?rst aid and CPR. They must be able toRespond to emergency situations within four minutes. b. Perform cardiopulmonary resuscitation (CPR). Recognize warning signs of impending medical emergencies. Know how to obtain medical assistance. Recognize signs and of mental illness. Able to adminisfer medication; I Know the universal precautions for protection against blood?borne diseases. B. Supervisory Training All new Supervisory Detention Of?cers assigned to perform work under this contract must sUccessfully complete a minimum of 40 hours of formal supervisory training provided by the Contractor prior to assumingduties. This training is in addition to mandatory training requirements for Detention Of?cers and must be conducted annually. I Supervisory training shall include the following-management areas:- 553 MARCH 2015 Techniques for issuing written and verbal orders 2 HRS l. Uniform clothing and grooming standards . 1 HR 3. I Security Post Inspection procedures 2 HRS 4. Employee motivation - 1 HR 5. 1 Scheduling and overtime controls I HRS 6. Managerial public relations I 4 HRS 7. Supervision of detainees I 4 HRS 8. Other cempany policies - . I i 4 HRS Additional classes are at the discretion of the Contractor with the approval of the COTR. The Contractor shall submit documentation to the COTR, to con?rm that each supervisor has received basic training as speci?ed in the basic training curriculum. I C. Pro?ciency. Testing The Centractor shall give each Detention Of?cer a written examination folloWing each training class to display pro?ciency. The Contractor may give practical exercises when appropriate. D. Certi?ed Instructors Certi?ed instructors shall conduct all instruction and testing. A state or nationally recognized institution shall certify instructors unless otherwise approved in writing by the COTR. Certi?cations of instructorsmlay be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COTR must apprOve the instructor prior to the training course. E. Training Documentation The Contractor shall submit a training forecast and lesSon plans to the COTR '01? ICE designee. on a basis,-for the following 60-day period. The training forecast shall provide date, time, and location of scheduled training and afford the COTR observation/evaluation opportunity. The Contractor shall certify and submit the traininghours, type of training, date and location of training, and name of the instructor for each employee to the COTR or ICE designee. . 54 MARCH 2015 v1. REQUIRED SERVICES ADMINISTRATION AND MANAGEMENT A. Manage Information System for Collecting, Retrieving, Storing, and Reporting Detainee Detention I. All detainee ?les are to be prepared, maintained, retired, and disposed of in accordance with the ICE policy. Policy and procedures shall be develOped to ensure the con?dentiality and security of all detainee ?les. B. Manage Receiving and Discharge of Detainees In accordance with ICE Performance Based National Detention Standards, the Contractor will provide for the admitting and releasing of detainees to protect the health, safety, and welfare of each individual. During the admissions process, detainees undergo screening for medical purposes, have their ?les reviewed for classi?cation purposes, submit to a standard? body search, and are personally observed and certi?ed regarding the examination, categorization, inventorying, and safeguarding of all personal belongings. This shall include ?ngerprinting of detainees. - - The Contractor shall comply with the ICE policy on Admission and Release when entering detainee admission and release data. - - - ICE detainees shall be ?ngerprinted in accordance with the ICE policy on Admissions Documentation. The intake process shall include, at a'minimum, a medical and social screening prior to detainee'release into the general population. The Contractor 'shall provide a detainee classi?cation systemthat adheres to the requirements of ICE policy on Detainee Classi?cation, and ensures detainees are classi?ed appropriately using objective criteria. Detainees will be classi?ed and kept physically separate from detainees in other categories. Detainees will be classi?ed upon arrival, before being admitted to the general population. The Contractor will periodically re-classify detainees, in? accordance - with the ICE Performance Based National Detention Standards. I C. Manage and Account for Detainee Assets (Funds, Property) The Contractor will provide for the control and Safeguarding of detainees? personal property. . This will include; the scoure storage and return of funds, valuables, baggage, and other personal property; a procedure for documentation and receipting of surrendered property; and the initial and regularly sqheduled inventories of all funds, valuables, and other property. The Contractor Shall have written standard procedures for inventory and receipt of detainee funds and valuables that adheres to the requirements of ICE policy on Funds and PerSonal Property; and Detention and Removal Operations Policy and Procedure Manual (DROPPM) Update: Chapter 30: Detaineerperty Management. Written procedures shall be established for returning funds, valuables, and personal'property to a detainee being transferred or released that adheres to the requirements of ICE policy. The Contractor shall ensure that all detainees 55 MARCH 2015 who are scheduled for either transfer or release are given all funds'(in cash) immediately prior to leaving the facility. All con?scated currency shall be returned to the detainee. D. Securely Operate the Facility The Contractor shall develop policies and procedures for the maintenance and security of keys and locking mechanisms. The procedures shall include, but are not limited to: method of . inspection to expose compromised locking mechanisms; method of replacement for all damaged keys and/or locks; a preventive maintenance schedule for servicing locks and looking mechanisms and method of logging all work performed on locks and locking mechanisms; policy for restricting security keys from 24 hour issue or removal from the institution; and method of issuing emergency keys. Staff responsible for lock maintenance shall receive training and be certi?ed from a. Government approved training program specializing in the operation of locks and locking mechanisms. . The Contractor shall provide constant perimeter surveillance of the facility. The Contractor shall develop policies and procedures regarding detainee use of those classi?ed controlled tools and equipment most likely to be used in an escape or-as a weapon. Further, the Contractor shall ensure that detainee usage of those classi?ed controlled tools and equipment is only under direct Contractor staff supervision. E. Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault The Contractor shall developand implement a comprehensive sexual abuse/assault prevention and intervention program. This program shall include training and/or information that is provided to both staff and detainees. F. Establish and Maintain a Program. for Suicide Prevention and Intervention The Contractor shall develop and implement a comprehensive suicide prevention and intervention program in accordance with ICE policy. This program shall include training and/or information that is provided to both staff and detainees. - G. Enforce the Detainee Disciplinary Policy The Contractor shall comply with ICE Performance Based National Detention Standards . disciplinary policy. Facility authorities will take disciplinary action against any detainee Who is not in compliance with the rules and procedures of the facility. II H. Maintain Detainee Accountability A total of four counts will be conducted every 24 hours with at least one per shift; All counts shall be documented in separate logs maintained in the applicable locations where detainees are housed, the control center and shift supervisor?s of?ce and shall be maintained for a 56 I MARCH 2015 .. .. . minimum of 30 days. Count records must-be available for review and secured away ?om the detainee population. - - I. Collect and Disseminate Intelligence Information- Policy and procedures for collecting, analyzing, and'disseminating intelligence information regarding issues affecting safety, security, and the orderly running of the facility. shall be developed. This infOrmation should include, but not be limited to: gang af?liations; domestic terrorist groups; tracking of detainees having advanced skills in areas of concern (locksmiths, gunsmiths, explosives, and computers, etc.); narcotics traf?cking; mail and correspondenCes; detainee ?nancial information; detainee telephone calls; visiting room activity; and actions of high pro?le detainees. The Contractor shall share all intelligence information with the. Government. - J. Provide Security Inspection System The Contractor will develop and maintain a security inspection system with the aim of controlling the introduction 'of cOntraband into the facility, ensure facility safety, security and good order, prevent escapes, maintain sanitary standards, and eliminate ?re and safety hazards. The Contractor?s inspections program will meet the requirements of ICE Performance Based National Detention Standards for Security Inspections. The Contractor shall report all criminal activity related to the performance of this contract t5 the appropriate law enforcement investigative agency. The Government may investigate any incident pertaining to performance of this contract. The Contractor shall Cooperate with the'Government on all such investigations. The Contractor shall immediately report all serious incidents or criminal activity to the COTR. Serious incidents include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang actiVities, group demonstrations, food boycotts, work strikes, work place violence, civil disturbances/protests); staff uses of force including use of lethal and. less-lethal force (includes detainees in restraints more than eight hours); assaults on staff/detainees resulting in injuries that require medical attentiOn (does not include routine medical evaluation after the incident); ?res; ?ghts resulting in injuries requiring medical attention; full or partial lock-down of the faCility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger Strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather; fence damage; power outages; bomb - threats; high pro?le detainee cases admitted to a hospital; signi?cant environmental problems that impact the facility operations; transportation accidents airlift, bus) resulting in injuries, death or prOperty damage; and sexual assaults. Pursuant to ICE instructions, the Contractor shall counteract civil disturbances, attempts to - commit espionage or sabotage, and other acts that adversely affect the normal site conditions,- the security and safety of perSOnnel, property, detainees, and the general public. it 57 MARCH 2015 a K. Maintain Institutional Emergency Readiness The Contractor shall submit'an institutional emergency plan that will be operational prior to issuance of the NTP. The plan shall receive the concurrence of the COTR prior to implementation and shall not be modi?ed without the further written concurrence of the CO. The Contractor shall have written agreements with appropriate state and local authorities that will allow the Contractor to make requests for assistance in the event of any emergency incident that would adversely affect the community. Likewise, the Contractor shall have in place, an internal cOrporate nation-wide staff contingency plan consisting of employees Who possess the same expertise and skills required of staff working directly on this contract. At the discretion of ICE, these employees would be required to respond to an institutional emergency at the contracted facility if deemed necessary. - The emergency plans shall include provisionsfor two or more disturbance control?teams. Protective clothing and equipment for each team member and 30 percent of all additional facility staff members shall be provided by the Contractor, and maintained in a secure location outside the secure perimeter of the facility. I I Any decision by ICE or other federal agencies to provide and/or direct emergency assistance will be at the discretion of the Government. The Contractor shall reimburse the GoVernment for any and all expenses incurred in providing such assistance. Attempts to apprehend any escapee(s) shall bein accordance with the Emergency Plan, which shall comply with ICE Performance Based National Detention Standards regarding Emergency Plans. The Contractor shall submit to the COTR a proposed inventory of intervention equipment weapons, munitions, chemical agents) intended'for use during performanCe of this contract, in accordance with the National Detention Standard on Use of Force and Restraints. The COTR, prior to issuance of the NTP, shall provide concurrence of the intervention . equipment. The approved intervention equipment inventory shall not be modi?ed without . prior written concurrence of the CO. The Contractor shall obtain the appropriate authority from state or local law enforcement agencies to use force as necessary to maintain the security of the facility. The use of force by the Contractor shall at all times be consistent with all applicable policies of ICE National Detention Standards on Use of Force. I - 58 MARCH 2015 L. Manage Computer Equipment and Services in ACco-rdance with all Operational Security Requirements l. The Contractor must comply with all federal security and privacy laws and regulations established to protect federal systems and data. The Contractor will inform all personnel of the con?dential nature-of ICE detainee information. - . 2. I The Contractor will restrict access of data information pertaining to detainees to authorized employees with the appropriate clearance who require this information in the course of their of?cial duties. 3. In accordance with the Freedom oflnformation/Privacy Act the - Contractor may not disclose information obtained pertaining to ICE detainees to a third party without written permission from the COTR. The Contractor is required to develop a procedural system to identify and record unauthorized. access, or attempts to access ICE detainee information. The Contractor will notify the COTR and. ICE?designee within four hours of a security incident. i- 59 MARCH 2015 VII. FACILITY SECURITY AND CONTROL A. Security and Control (General)- The Contractor shall comply with all Performance Based National Detention Standards pertaining to the security and control of the detention facilities. The Contractor will adhere to local operating procedures Within each facility. B. Unauthorized Access The Contractor Shall detect and detain persons attempting to gain unauthorized access to ICE site(s) identi?ed in this contract. - C. Direct Supervision of Detainees The Contractor shall previde supervision of all detainees in all areas, including supervision in - detainee housing and activity areas, to permit Detention Of?cers to hear and respond to emergencies. The Contractor shall assign a minimum of one of?cer to monitor each occupied housing unit, with the exceptidn of the segregation units. This position is separate from the housing control post. - D. Log Books The Contractor shall be responsible to complete and document in writing, for each shift, the - following information in the logbooks': - 1. Activities that'have an impact on the detainee population detainee counts, shakedowns, detainee movement in and out of the site, and escorts to and from c0urt). Shift activities security checks, meals, recreation, religious services, property lockers, medical visitsEntry and exit of persons other than-detainees, ICE staff, .or Contrabtor Staff attorneys and other visitors). 4. Fire drills and unusual occurrences. E. Records and Reports The Contractor shall furnish, on a daily basis, a manifest of all detainees currently detained in the facility. The manifest shall contain the following information for each detainee: File Number (system of numbering supplied by of?ce received from; name; date of birth; gender? nationality; date of arrival; number of days the detainee has been in the facility; and type of release, if applicable. . 60 MARCH 2015 The Contractor shall provide status reports to the COTR or ICE designee. Such reports will include a key indicator report, which indicates the key personnel positions of the facility position title, name of the employee, vacancies and length of vacancies, dates of service, additional comments). These reports must be Submitted to the COTR or ICE designee by the ?fth of each month for the previous I month?s activities and staf?ng. I - The Contractor Shall prepare required orders, instructions, and reports of accidents, security violations, ?res, and bomb threats. The reports shall be maintained, on ?le, concerning all activities in connection with duties and responsibilities for the services performed under this contract. All such records must be kept using a system with a written policy, which allows the reports tobe made available to the Government for inspection. The Contractor shall, at the request of ICE, prepare any special or other reports, or issue further orders and instruction as may be required in sirpport of work Within the scope of this contract. The distribution, format, and time elements for these reports shall be directed by Government requirements. All records and logs, required for operation and performance of work under this contract, shall be made available to ICE at contract completion. The Contractor shall provide a detailed and comprehensive inventory of records to be turned over to the Contracting Of?cer at contract completion or contract termination. The written inventory shall be recorded on Standard Form (SF) 135, Records Transmittal and Receipt, and shall be consistent with National Archives and Records Administration-(NARA) guidelines for inventoried records. An ICE-approved alternate version (electronic or hard copy) may be substituted for the SF Form 135. Inventory shall describe the contents of a particular box of records and shall include record type and'date of records, and shall be consistent with NARA inventory requirements. The Records Transmittal and Receipt, shall be itemized in suf?cient detail to provide program of?cials with the information required for researching or retrieving retired records. Instructions for the level of detail required can be found on the back of the Records Transmittal and Receipt (continuation), and the Contractor shall inventory the records to that level of detail, . i . F. Detainee Counts The Contractor shall monitor and document detainee movement and physically count detainees as directed in ICE Performance Based National Detention Standards and post orders. The Contractor shall be- responsible for documenting the physical detainee counts in the logbook. The Contractor shall ensure ICE procedures are followed when the physical detainee count does not show all detainees are accounted for. At a minimum, once per 24 hour period, the Contractor shall conduct one face-to-photo Count. Count records must be available for review and secured away from the detainee population. 61 MARCH 2015 G. Daily Inspections I The Detention Officers shall conduct daily inspections of all security aspects of the detention facility. They shall check all- bars, locks,-windows, walls, ?oors, ventilation covers, glass panels, access plates, protective screens, doors, lights, and equipment for operational wear and detainee tampering. The Detention Of?cers shall also report slippery ?oor surfaces. This documentation shall be made daily in a logbook. Problems discovered during theseinspections shall be clearly - identi?ed in the documentagion. I The Contractor shall also notify the COTR of any abnormalities or problems. The Contractor shall immediately notify the COTR or ICE designee on duty of any physical facility damage. Written documentation of any problem areas shall be submitted to the COTR by the end of the shift. H. Control of Contraband The Contractor shall conduct searches for contraband at least once daily, in all areas in which detainees have access. Searches shall be random and unannounced. During the searches, detainee possessions shall'be disturbed as little as possible. Contraband items shall be immediately con?scated, logged into the Contraband logbook in accordance with ICE Performance Based National Detention Standards. The Contractor shall document records of the searches in alogbook and forward a report-to the COTR within 24 hours after discovery of the contraband items. I. Keys and Access Control Devices The Contractor shall adhere?- to key control policies, in accordance with ICE Performance Based National Detention Standards. Entrance Access Controls: The Contractor shall operate and enforce the personnel admitting and [identification systems, and package inspection procedures in accordance with security guidelines at the protected premises prescribed by ICE Performance Based National Detention Standards. The Contractor may accept registered mail and parcels, in accordance with ICE-approved procedures. The Contractor shall be responsible for the distribution of all received mail and parcels. J. Control of Chemicals . The Contractor shall adhere to ICE Performance Based National Detention Standards, ACA, and OSHA established procedures, applicable laws, and regulations governing the storage and inventory of all ?ammable, toxic, and caustic materials used for janitorial cleaning, laundry maintenance, vehicle maintenance, and other applications. I . 62 MARCH 2015 K. Post Orders The Contractor shall develop post orders, policies and procedures, and instructions necessary for proper performance at each duty post. Each post will have a separate post order. The Contractor is responsible for compliance with all such orders, policies and procedures, and instructions. ICE shall approve all post orders prior to implementation of them. The Contractor shall make post orders available to all Contractor employees. Each Detention Of?cer shall certify, in writing, that he or she understands and agrees to comply with all post orders, policies and procedures, and instructions prior to being initially assigned to that post. The Contractor shall retain DetentionOf?cer Certi?cations and make them available to the COTR upon request. - L. Deviation from Prescribed Schedule Assignments The Contractor is authorized to deviate from the sCheduled assignment When unusual conditions or circumstances so demand,'and if prior approval is received from the COTR.- All deviations shall be recorded in the daily logbook. When the COTR is not available, the Contractor shall notify ICE- . designee immediately or as soon as is practically possible. M. Use of Force Policy ICE restricts the use of physical force by Detention Of?cers to' instances of justi?able self- protection, protection of others, and protection of prOperty and prevention of escapes. Physical force may only be used to the degree necessary to safeguard the well being of the detainee(s) and others in the immediate area; The following policies pertain to use of force: I 1. In no case shall physical force be used as punishment or discipline. 2. The Contractor shall adhere to ICE Policy Statement on the use. of deadly and non-deadly force to include the use of intermediate and deadly weapons. 3. The respective Detention Of?cer shall immediately report all instances of use of physical force to his or her immediate supervisor, Prior to leaving his or her shift, the Supervisory - Detention Of?cer shall'prepare a written report and submit it to the Warden/Facility Director, who shall review, approve, and provide the report to the COTR or lCE-designee within 24 hours of the incident. 4. The physical force report shall include: a. An accounting of the events leading to the use of force. b. A precise description of the incident to include date, time, place, type of force used,- and reasons for employing force. 63 MARCH 2015 c. A description of the persOn (Detention Of?cers or detainees) who suffered described injuries, if any, and the treatment given. d. .A list of all participants and witnesses (Contractors, detainees, and personnel) to incident. - The calculated use of force must be in accordance With the ICE Performance Based National I Detention Standards and requires, at a minimum, the following: a; The formulation of an After Action Review Team, which must include the participation of the .COTR. b. An After Action Report submitted to the COTR within 15 days of the incident, corrective actions neted, if applicable. . - - c. Video footage of the incident must be made available for potential ICE review. Use of Restraints Policy The Contractor shall comply with ICE written policy and procedures governing the use of restraint equipment. Restraints shall never be applied as punishment or for more time than is necessary. Restraints shall be used only as a precaution against escape'during transfer to prevent detainee self-injury, injury to others, property damage, or for medical reasons under direction of the Health Authority. The Contractor may use dispOsable nylon straps in lieu of handcuffs or leg restraints in emergencies, mass arrest situations, or if a detainee?s wrists or ankles are too large for conventional restraints. ICE prohibits the Contractor from using all other restraint devices not included in the ICE Performance Based National-Detention Standards. 0. Intelligence Information The Contractor shall develop policy and procedures for collecting, analyzing, and disseminating intelligence information regarding issues affecting safety, security, and the orderly running of the facility. The Contractor shall share all intelligence information with the Government. The Government shall have unimpeded acCess to all intelligence related information. P. Lost and Found The contractor shall log and maintain all lost and found articles and shall report all items to the COTR or ICE-designee. IQ. Escapes The Contractor shall take all appropriate measures to prevent escapes. The Contractor shall notify the COTR or ICE-designee immediately if an escape or an attempted escape has occurred. The Contractor shall provide the COTR or ICE-designee with a Written report prior to the end of the shift. The Contractor shall be held to the following standards concerning escapes: 64 - MARCH - l. The Contractor assumes absolute liability for the escape of any detainee in its control. 2. The Contractor shall provide Written policies and procedures regarding-the actions-to taken in the event Of an escape. This requirements for all contract employees, escorts, supervisors, andmanagement personnel. These procedures must meet the approval of the COTR, be reviewed at least annually, and updated as necessary. 3. Escapes shall be grounds for removing the responsible Contractor Employee(s) from duty if the Contractor Employee(s) is/are determined by the Contractor or the. COTR to be negligent. Noticeof removal shall be provided to the Contracting Of?cer. - 4. Corrective actions'to prevent future escapes or attempted escapes shall be taken immediately and comn?mnicated to the COTR. An After Action written report shall be presented to ICE in a timely fashion. . 5. ICE may make deductions or with?holdings due to InOnperformance' under the Inspection of Services clause of the contract. R. Correspondence end Other Mail In accordance with ICE Performance Based National Detention Standards, the Contractor will ensure that detainees are "able to send and receive correspondence in a timely manner subject to limitations required for the safety, security, and orderly operation of the facility. The Contractor shall distribute. detainee mail within 24 hours of its arrival at the facility. S. Evacuation Plan The Contractor shall develop a written evacuation and alternate staging plan for use in the event of a fire or major emergency, per'ICE Performance Based National Detention Standards regarding emergency plans. T. 'Injury, Illness, and Reports The Contractor shall immediately assist employees, detainees, or others on the premises in need of immediate help or who are inj ured'or ill. Contractor employees shall provide ?rst aid when - necessary. The Contractor shall immediately notify the COTR or ICE-designee about all incidents that result in physical harm to or threaten the safety, health, or welfare of any person at the site- including job-related inj uries. If a detainee requires immediate medical attention,-the Contractor shall notify the medical provider aswell as the COTR or ICE-designee. The Contractor shall'submit a follow-up written report to the COTR within 24 hours of the. occurrence. The Contractorshall cooperate with ICE in reviewing serious incidents. A serious incident means any incident resulting in injury to a detainee, Contractor staff, ICE staff, or property damage. 65 MARCH 2015 I .. The Contractor shall submit a injury report containing, but not limited to, name, time/date, location, circumstances, care rendered, current status, Worker?s Compensation status, and reference to identi?cation of initial report. . Protection of Employees The Contractor shall develop plans that comply with ICE 'comprehensi'Ve plans and procedures to safeguard employees against exposure of blood borne pathogens. The ICE plan is based upon OSHA standards found in the Employee Occupational Safety and Health (EOSH) Manual. . Medical Requests The Contractor shall adhere to ICE policies and procedures regarding detainee medical requests. If a detainee requires immediate medical attention, the Detention Of?cer shall immediately - notify his or her Supervisor via radio or telephone. The Contractor?s Supervisor will, in turn, notify the medical provider as well as the COTR and ICE-designee. . W. Emergency Medical Evacuation "Ir The Contractor shall develop and implement-written policies and procedures-that de?ne emergency health care evacuation of detainees from within the facility. . Detainee Death or Injury The Contractor shall comply with ICE Performance Based National Detention Standards regarding Terminal Illness, Advanced Directives, and Death in the event of a detainee injury or death. In the event of such an occurrence, the Contractor shall immediately notify the COTR and ICE-designee. Sanitation and Hygienic Living Conditions i The Contractor shall comply With the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated With 29 CFR1910 and 1926. The Contractor shall comply with all applicable ICE, federal, state and local laws, statutes, regulations, and codes, In the event there is more than one reference to-a safety, health, or environment-requirement in an applicable, law, standard, code, regulation, or ICE policy, themost stringent requirement shall I apply. it - 66 MARCH 2015 r' DETAINEE RIGHTS, RULES, DISCIPLINE, AND PRIVILEGES A. General The Contractor shall supervise, observe, and protect detainees from personal abuse, discrimination, corporal punishment, personal. injury, property damage, harassment, or violation of detainee?s civil rights. Contract personnel shall adhere to ICE policies, procedures, and detention standards. In accordance with ICE Performance Based National Detention Standards, the Contractor shall permit detainees to: access the law library, legal materials, facilities, and equipment; have document copy privileges; and have the opportunity to prepare legal documents IX. MANAGE A DETAINEE A. General 4. Detainee labor shall be used in accordance with the detainee work plan developed by the Contractor, and will adhere to the ICE Performance Based National Detention Standards on Detainee Voluntary Work Program. The detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. The detainee work program shall not con?ict with any other requirements of the contract and must comply with all applicable laws and regulations. 5. Detainees shall not be used to perform the responsibilities or duties of an employee of the Contractor. Detainees shall not be used to perform work in areas where sensitive documents are maintained (designated ICE workspace, EOIR space, and DIHS areas where a more thorough level of cleaning is required). Custodial/janitorial services to be performed in designated ICE work space, EOIR space, and DIHS areas will be the responsibility of the Contractor. - 6. The Contractor Shall develop and deliver speci?c safety and job-functiontrainings for all detainees prior to the start of any detainee work program. Such trainings shall be approved by the COTR prior to the start of any detainee work program. 7. Appropriate safety/protective clothing and equipment shall be provided to, detainee workers as appropriate. Detainees shall,not be assigned work that is considered hazardous or dangerous. The Contractor shall supply suf?cient Detention Of?cers to monitor and control detainee work details. Unless approved by the COTR, these work details must be within the security perimeter. 68 MARCH 2015 X. HEALTH SERVICES A. General DIHS staff designated by ICE will provide all health services. Terminology Explanation Health Authority - A DIHS designated official responsible for health care services at the facility. Health Care - The sum of all action taken, preventive and therapeutic, to provide for the physical and mental medical well being of the detainee population. National Commission on Correctional Health Care USPHS- United States Public Health Services, Division of Immigration Health Services, Immigration and Customs Enforcement. American Corrections Association (ACA) Accreditation: DIHS shall responsible for compliance with all ACA direct health care delivery standards and shall cooperate with the Contractor in the accreditation process. Preliminary Medical Assistance and Health Care Training: The Contractor shall coordinate with DIHS to ensrire that all employees have current certi?cation in emergency ?rst aid care and that all employees receive pre-service and training in the following - areas: a. The ability to respond to health related situations within four minutes; 1). Recognition of signs and and knowledge of action required in potential emergency situations c. Administration of ?rst aid and cardiopulmonary resuscitation ?i - d. Methods of obtaining assistance; He. Recognition of signs and of mental illness; retardation, emotional disturbance and chemical dependency; f. Procedures for patient transfers to appropriate medical facilities or health care providers; g. Administration of medication by non-medical personnel; and h. Use of universal precautions. . 69 MARCH 2015 A. The DIHS, participation by the Health Authority, or designees, in all general department head/supervisory meeting, and coordination and cooperation between DIHS and other departments within the facility. DIHS shall perform in accordance with the standards of, and maintain accreditation by, The Contractor shall be responsible for compliance with all conditions of confinement standards and shall cooperate with DIHS in the accreditation process. B. The Contractor shall provide space to operate the health unit including respiratory isolation, mental health unit, and impatient in?rmary area. The Contractor shall be responsible for maintenance and sanitation of the health unit physical plant and the provision of support services including, but not limited to, utilities, communication capabilities (computer and telephone lines/ services), climate control (independent HVAC, humidity control, etc.), and lighting; The Contractor shall facilitate the installation of tele-radiology equipment the necessary data and telephone lines, by a vendor identi?ed by DIHS. The cost for tele-radiology installation will be the responsibility of DIHS. C. The Contractor shall provide direct security snpervision of detainees in the health unit no less than 24 hours per day, 7 days per week. The Contractor shall provide the necessary staff to maintain security and control of the health unit. The Contractor shall provide additional security assistance and emergency response as requested by DIHS. Security should be provided at a minimum as detailed below unless otherwise speci?ed by the COTR. ?beecurity of?cer assigned to the SSU as long as there are detainees housed there. - (.bcurity of?cers aSsigned to the ambtilatory clinic 0600 to 2300 (one to monitor entrance, one to roam the clinic, including dental). ?bsbcurity of?cer assigned to the ambulatory clinic 23 00-0600. 0(bsecurity of?cer assigned to medical intake screening area 24 hours a day (assist with getting patients to clinic when no detainees needing screening in the intake area). 0(bs'ecurity of?cer to provide security during sick call sign-up 053 0-630 Monday ~Friday, and 073 0-0830 Saturday-Sunday and holidays. The Contractor shall coordinate and escort detainees to the health unit for sick call, appointments, in accordance with sound health care practice and in a manner which optimizes I the safe, secure and efficient delivery of health care services and the operation of the health unit. The health unit shall be considered a secure area. The Contractor shall limit access to the health unit to DIHS authorized staff, contractor staff on of?cial business, and assigned detainees. D. The Contractor shall develop and implement a comprehensive plan and procedures to safeguard employees against exposure to blood borne pathogens as prescribed by OSHA. Contractor employees working in the area with detainees with communicable diseases must comply at all times with the requirements of 29 CFR 1910.134. The Contractor shall furnish all neceSsary equipment and employee testing to comply with these requirements. 70 MARCH 2015 E. In coordination with DIHS, the Contractor shall develop and implement written policy and procedures that de?ne emergency health care evacuation of detainee(s) from within the facility. F. The Contractor shall provide transportation, supervision, and security services for detainees assigned to outside health care treatment and 24-hour per day security coverage for detainees assigned to off-premise hospitalization. - G. Circumstances requiring the use of force and suicide observation within the scope of health care delivery shall be the responsibility of the Contractor. The Contractor shall assist DIHS in examination of detainees who have been subjected to a use of force. The Contractor shall work with DIHS in a team approach to mange detainee behavioral conduct issues. The DIHS will evaluate instances of detainee misconduct to determine if individual detainee?s behavioral problems are due to mental illness or other reasons. The USPHS shall be the sole approval authority for housing assignments to the health unit. H. DIHS will provide, control, and administer prescribed and over-the-counter medication to the facility population. I. The Contractor shall support and facilitate the DIHS in completion of health screening within 12 hours of a detainees? arrival at the facility. The Contractor shall provide advanced notice of detainee arrival whenever possible. At no time shall? the Contractor allow detainees who have not received health screenings to be placed in the general population. J. During intake processing the DIHS shall provide detainees with written instructions for - gaining access to health care services. The DIHS shall ensure written (oral if detainees is identi?ed as being unable to read) instructions are provided to all detainees in the detainee?s native language. The detainee shall similarly be provided with instructions and assistance in personal hygiene, dental hygiene, grooming and health care. K. The Contractor shall immediately notify the COTR and DIHS if a detainee is suspected of having communicable or debilitation health problems, which may require medical attention. L. The Contractor shall provide detainees with the opportunity to submit written health care request requests and/or complaints to DIHS in a con?dential manner and ensure such health care communication is delivered to the health unit for appropriate follow-up. M. The Contractor shall ensure that detainees are provided access to sick call on a daily basis or as determined necessary by DIHS. If a detainee?s custody status precludes attendance at sick call in the main health unit, the Contractor will provide for sick call services where the detainee is located. 71 MARCH 2015 IN. The Contractor shall be responsible for the placement of ?rst aid kits in facility locations identi?ed by DIHS. DIHS shall be responsible for supply maintenance of all required ?st aid kits. 0. The Contractor shall develop a comprehensive evacuation plan for the facility, which will include arrangements for the evacuation of disabled detainees and separate transportation of detainees who are in respiratory isolation. P. The Contractor shall provide written and verbal notice to DIHS of intra-facility detainee transfers and will inform DIHS of removal of detainees from the facility. The Contractor will facilitate DIHS in assurng that medications are provided to detainees at the time of removal ?om the facility. a 72 MARCH 2015 XI. FOOD SERVICES A. Manage Food Service Program in a Safe and Sanitary Environment The Contractor shall provide detainees with nutritious, adequately varied meals, prepared in a sanitary manner while identifying, developing, and managing resources to meet the operational needs of the food service program. The Contractor shall provide a sack meal for detainees in custody (in lieu of missing any meal) and those who are absent during any meal. Further, the Contractor shall provide sack meals as requested by ICE staff. The contents of the sack meals must be approved by ICE COTR or ICE designee. The Contractor shall identify, develop, and manage food service program policy, procedures, and practices in accordance with the ICE Performance Based National Detention Standards on Food Service. While the Contractor may develop a detainee work program for food services, the Contractor must ensure that adeqnate food services are maintained at all times. The Contractor will develop and deliver a food worker contingency plan to the COTR prior to issuance of the NTP. 73 MARCH 2015 XII. DETAINEE SERVICES AND PROGRAMS A. Manage Detainee Clothing, Linens, and Bedding The Contractor shall issue and exchange detainee clothing, linen, and bedding in accordance with ICE Performance Based National Detention Standards on the Issuance and Exchange of Clothing, . Linen, and Bedding. B. Manage Multi?Denominational Religious Services Program The Contractor shall ensure detainees of different religious beliefs will be provided reasonable and equitable opportunity to practice their respective faiths. The religious services program will comply with all elements of the ICE Performance Based National Detention Standards on Religious Practices. Provide for a Detainee Recreation Program The Contractor shall develop adequate and meaningful recreation programs for detainees at the facility. The Contractor shall ensure that suf?cient correctional staff mernbers are assigned to supervise all recreation activities. The detainee recreation program will with all elements of the ICE Performance Based National Detention Standards on Recreation. D. Manage and Maintain a Commissary A commissary shall be operated by the Contractor as a privilege to detainees who will have the opportunity to purchase from the commissary at least once per week. These items will not include those items prohibited by the Warden/Facility Director. All items ayailable at the cornmissary must be approved by the COTR or ICE-designee. The commissary inventory shall be provided to the COTR upon request. The Contractor may assess sales tax to the price of items, if state sales tax is applicable. - Revenues are to be maintained in a separate account and not with any other funds. If funds are placed in an interest bearing account, the interest earned must be credited to the Detainee Welfare Fund. Any expenditure of funds from the account shall only be made with the approval of the Contracting Of?cer. Any revenues earned in excess of those needed for commissary operations shall be used solely to bene?t detainees at the facility. The Contractor shall provide independent auditor certi?cation of the funds to the COTR every 90 days. At the end of the contract period, or as directed by the Contracting Of?cer, a check for any balance remaining in this accOunt shall be made payable to the Treasury General TruSt und and . given/transmitted to the Contracting Of?cer. Detainees are permitted to receive funds from outside sources from family, friends, bank accounts). Outside funds or those generated from work may be used to pay for products and services from the commissary. 74 MARCH 2015 E. Manage and Maintain a Detainee Telephone System The Contractor shall provide detainees with reasonable and equitable access to telephones as speci?ed in ICE Performance Based National Detention Standards on Telephone Access. Telephones shall be located in in area that provides for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls. If authorized to do so under applicable law, the Contractor shall monitor and record detainee conversations. If detainee telephone conversations can be monitored under applicable law, the Contractor shall proVide notice to detainees of the potential for monitoring. However, the Contractor shall also provide procedures at the facility for detainees to be able to place monitored telephone calls to their attorneys. I The ICE designated DTS vendor will be the exclusive provider of detainee telephones for this facility. The Contractor will not be entitled to any commissions, fees, or revenues generated the detainee telephones. The Contractor shall inspect telephones for serviceability, in accordance with ICE policies and procednres. The Contractor will notify the COTR or ICE designees of any inoperable telephones and/or system-related issues. F. Law Library The Contractor shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for books and materials to provide a reading area "Law Library" - in accordance with the ICE Performance Based National Detention Standards on the Access to Legal Materials. . G. Physical Plant The facility operation and maintenance shall ensure that detainees are housed in a safe, secure, and hnmane manner. The facility will be operational 24 hours daily and seven days weekly and must have 100 percent auxiliary power capacity, to include HVAC. All equipment, supplies, and services shall be Contractor-furnished except as otherwise noted. The facility, whether new construction expansion or an existing physical plant, shall be designed, constructed, operated, and maintained in accordance with all applicable federal, state, and local laws, regulations, codes, guidelines, and policies. In the event of a con?ict between federal, state, or local codes, regulations or requirements, the most stringent shall apply. In the event there is more than one reference to a safety, health, or environmental requirement in an applicable law, standard, code, regulation or Government policy, the most stringent requirement shall apply. The facility shall provide housing con?gurations commensurate with the security needs of the population. 75 MARCH 2015 if The Contractor shall provide and maintain an electronic security alarm system, which will identify any unauthorized access to the facility?s secure perimeter. The facility, Whether new construction expansion or existing physical plant, shall comply with 40 U.S.C. 619, which stipulates compliance with nationally recognized codes and comply with the latest edition in effect on the date of proposal submission of one of the following codes: (1) The Uniform Building Code (UBC), with the State of facility location?s Amendments - (2) The Building Officials and Code Administrators (BOCA) National Building Code (NBC) (3) The Standard Bnilding Code (SBC) In the event the jurisdiction in which the facility is located does not mandate use of UBC, BOCA NBC, or SBC, then the facility shall comply with the BOCA NBC. Whether new construction expansion or existing physical plant, fire protection and life safety issues shall be governed by the latest edition of the National Fire Protection Association (NFPA) 101, Code for Safety to Life from Fire in Buildings and Structures and applicable National Fire Codes (NFC). Should con?icts occur between?NBC and NFC, NFC shall apply. E.O. 12699 - Whether new construction expansion or existing physical plant, the facility shall comply with the Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction. The seismic safety requirements as set forth in either the 1991 International . Conference of Building Of?cials, the UBC, the 1992 BOCA, NBC (or the 1992 Amendments to th Southern Building Code Congress) or SBC are the minimum standards. Should the code applicable for the state in which the facility is located be more stringent than the other codes set forth herein, the state code shall prevail. The facility, whether new construction expansion or existing physical plant, shall comply with the requirements of the Architectural Barriers Act of 968 as amended and the Rehabilitation Act of 1973 as amended. The standards for facility accessibility by physically handicapped persons as set forth in "Uniform Federal Accessibility Standards/Fed Std. 795 4/01/88 Edition" (UFAS) shall apply. All areas of the buildings and site shall meet these requirements. Activities, which are implemented, in whole or in part, with federal funds, must comply with applicable legislation and regulations established to protect the human or physical environment and to ensure public opportunity for review. The Contractor shall remain in compliance with federal statutes during performance of the contract including, but not limited to: the following Acts: Clean Air, Clean Water, Endangered Species, Resources Conservation and Recovery; and other applicable laws, regulations and requirements. The Contractor shall also comply with all applicable limitations and mitigation identi?ed in any Environmental Assessment or Environmental Impact Statement prepared in conjunction with the contract pursuant to the National Environmental Policy Act, 42U.S.C. 4321. 76 MARCH 2015 The Contractor shall be responsible for and shall indemnify and hold the Government harmless for any and all spills, releases, emission, disposal, and discharges of any toxic or hazardous substance, any pollutant, or any waste, whether sudden or gradual, caused by or arising under the performance of the contract or any substance, material, equipment, or facility utilized. For the purposes of any environmental statute or regulation, the Contractor shall be considered the ?owner and operator? for any facility utilized in the performance of the contract, and shall indemnify and hold the Government harmless for the failure to adhere to any applicable law or regulation established to protect the human or physical environment. The Contractor shall be responsible in the same manner as above regardless of Whether activities leading to or causing a spill, release, emission or discharge are performed by the Contractor, its agent or designee, a detainee, visitors, or any third party. If a spill(s) or release(s) of any substance into the environment occUr, the. Contractor immediately reports the incident to the COTR. The liability for the spill or release of such substances rests solely with the Contractor and its agent. A safety program shall be maintained in compliance with all applicable Federal, state and local laws, statutes, regulations and codes. The Contractor shall comply with the requirements of the Occupational Safety and Health Act of 1 970 and all codes and regulations associated with 29 CFR 1910 and 1926. Fire Alarm Systems and Equipment - All ?re detection, communication, alarm, annunciation, suppression and related equipment shall be operated, inspected, maintained and tested in accordance with the most current edition of the applicable NBC and Life Safety Codes. The Contractor shall provide outside lighting suf?cient to illuminate the entire institution and secure perimeter with at least 1.5 candlepower per square foot in all areas. For new construction expansion or existing physical plant, final and completed, the Contractor prior to issuance of the NTP shall submit design/construction documents to the COTR. For all new construction expansion, the construction schedule shall be updated to re?ect current progress and submitted to the COTR on a basis. Government staff will make periodic visits during construction to verify Contractor progress and compliance with contract requirements. As-built drawings and current drawings of the buildings and site utilities shall be maintained in a secure location during construction and contract performance. These updates shall be provided to the COTR within 30 days of any changes made. Site utilities include, but are not limited to: water and sewer lines; gas lines; tunnels; steam lines; chilled water lines; recording layouts; elevations; modi?cations; additions; etc. Two copies of the as-built drawings shall be provided to the COTR in release 14.0 on a CD-ROM no later than 90 days after issuance of the NTP. after the occurrence of any physical damage to the institution (including disturbances), the Contractor shall report such damage to the COTR. It shall be the responsibility of the Contractor to repair such damage, to rebuild or restore the institution. A number of Government staff will be on?site to monitor contract performance and manage other Government interests associated with operation of the facility. Government staff will have full 77 MARCH 2015 - a; access to all areas of the facility. Contractor access to Government required space must be pre- approved by the COTR. In cases of emergency the Contractor shall notify the COTR The Contractor shall meetthe minimum design and space requirements described herein. If standards are not specially stated, the American Correctional Association current as of the date of this solicitation shall be applied. ?Standards for Adult Local Detention Facility? are applicable and shall be met. 1. All single rooms or cells in the detention facility shall have at least 60 square feet of floor space, provided detainees spend no more than 10 hours per day locked in. When confinement exceeds 10 hours per day, there shall be at least 80 square feet of total ?oor Space per occupant. 2. The Contractor shall provide an alien Receiving and Discharge area located adjacent or within reasonable proximity as determined by ICE, to the designated ICE processing area, and within the secure perimeter but outside detainee living quarters, with the following components: The Receiving and Discharge Area must be capable-of holding, receiving, and intake processing (ID/Photo/Fingerprint) up to but not limited to 300 detained subjects in any given 24-hour period in accordance with all respective ICE NDS and ICE directive memorandums. This area should also be capable of receiving at up to 150 detained subjects at one time. Male and female detainees must be kept separate (sight and sound) at all times. A Contractor supervisor shall be available in this area 24 hours daily, seven days weekly, to coordinate and oversee this area at all times. The area must be capable of holding, discharging, and out-processing up to but not limited to 300 detained subjects in any given 24 hours period in accordance with all respective ICE NDS and ICE directive memorandums. The area must include separate areas for showers, medical examinations, teleradiology separate for chest X-rays, property storage, and clothing storage/issue room. Hold rooms shall have HEPA ?ltration if air is re-circulated into the system. Each hold room shall have the capability for the viewing of Government-supplied detainee rights videos and facility orientation videos. When males and females are housed at the same facility they shall be provided separate quarters which are separated visually and acoustically and do not allow unauthorized access between the separate areas. 3. Separate rooms shall be dedicated for both male and female detainees to obtain hair care services. ?r 78 MARCH 2015 4. The Contractor shall provide suf?cient indoor recreational equipment to support an active and passive recreation program. 5. There shall be two separate indoor exercise areas of an additional 1,000 square feet each of unencumbered space with a ceiling height of 18 feet. These areas should contain equipment appropriate for indoor exercise and recreation needs. 6. There shall be a minimum of two outdoor exercise areas (for male and female) of a size consistent with the size of the detainee population and scheduling requirements. All entrances and exits to and from the security perimeter (other than emergency exits) shall be by way of a secure sally port. There shall be a secure sally port outside the receiving and discharge area that is large enough to accommodate two commercial 50 passenger buses at the same time. ICE of?ces and processing area will be in a separate building either connected or adjacent to the actual detention location and EOIR. This building will be operational 24 hours daily and seven days weekly and must have 100 percqent auxiliary power capability, to include HVAC. Card readers will be used to provide primary access to and from the building. There shall be an alternate manual locking system in case of electrical failure. This building will consist of three separate areas, as - listed below. - MINIMUM SPACE REQUIREMENTS The design of the facility shall be consistent with established ICE Design Standards and requirements and is subject to review and approval by ICE prior to construction (if necessary), occupation, and use by ICE. ICE will provide a copy of the current DRO Design Standards with addendums. These documents should be electronically attached to all the outgoing RFPs. ICE recommends that a meeting be held with the Offeror to discuss the layout and technical requirements for this existing facility prior to the Offeror submitting its proposal to the government. This may provide a useful exchange of information and clari?cation. that could save the government and Offeror time and efforts expediting the process. The following space requirements for the various Government-occupied spaces are a synopsis of space needs, and is not ICE Support Space Refer to ICE Design Standards for speci?c of?ce and workstation sizes and speci?c furnishing requirements for 1,000 beds. The Standards include but are not limited to the following: Of?ces and workstations as outlined below: AREA ONE: Detention and Removal Operations 79 MARCH 2015 (b)(7)(e) (b)(6), (b)(7)(c) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) MARCH 2015 ICE2012FOIA03030.0030196 AREA THREE: . In Processing - (CAP Processing Area and General Intake) to include the following of?ces and other requirements: 0(b Qf?ces - Supervisory Immigration Enforcement Agents 0 (b (7) eWorkstations - Immigration Enforcement Agents ?th EDf?ces - Supervisory Deportation Of?cers 0 Temporary holding cells with HEPA ?lters on exhausted air if circulated back into the system for: Capacity of SO detainees two cells Capacity of 5 detainees four cells, one of which has three secured beds (no benches) Capacity of 25 detainees four cells All holding cells shall have one way visible shatter proof glass so staff may see clearly frOm the outside in without detained subjects seeing from the inside out. 30 processing stations to all necessary data and electric drops are to be used for initial alien processing. Shelving should be provided near the hold cells for temporary placement of property. This is not intended to be used for storage. A sally-port must be available to hold one commercial bus. Access shall be such that the bus does not have to access/egress by backing up. Access to the sally-port shall be by the control center located inside the building. . 0 6 Of?ces - Consulate ICE interview Rooms (150 Square feeteach) I - Command Center room with computers, copier, fax and secure communications. (600 Square feet) The Provider will be responsible for all operational security and detention functions within the building. These functions may include but are not limited to: Staf?ng a control center located within the building to maintain control of the outside sally ports and holding cells via video and intercom systems; maintain accountability of all detained subjects and staff entering and exiting the In?Processing or Ont-Processing areas. The monitoring of all holding cells shall be in accordance with ICE NDS and latest policy directives. 81 MARCH 2015 Contractor staff will oversee the safety and security of all detained subjects in the building to include male, female, juvenile, family units, and subjects awaiting transfers to other detention locations designated by ICE. Contractor Staff will also be responsible for booking in and booking out all detained subjects utilizing the ICE Enforce Application Detention Module (EADM) program and produce required reports when requested by ICE staff. Contract staff will be responsible for implementation of all policies and procedures as deemed necessary to maintain compliance with ICE NDS and ICE policy directives. A Contractor supervisor will be assigned to oversee all contractor operations in areas Two and Three 24 hours seven days weekly. All areas including halls, cells, ?open areas including processing, and command center will have electronic video and sound monitoring that includes recording features. ICE will have the ability to maintain control of the recorded media. 0 Of?ce - Assistant Of?cer in Charge 0(b (7) Of?ce - Chief Immigration Enforcement Agent 0 Of?ces - Supervisory Detention Deportation Of?cers EOIR Space Refer to Design Standards for speci?c of?ce and workstation sizes and speci?c furnishing requirements for 1,000 beds. All ?irniture and case goods shall be furnished by the service provider in accordance with Design Standards. The Standards include but are not limited to the following: 0 5 Courtrooms and accompanying of?ce and support space as per the EOIR Design Standards for 1,000 beds. The of?ce space is per the EOIR'Design Standards. Each courtroom should have the capability to hold live court as well as hold video tele- . conferencing court. Allifurniture and case goods shall be ?lrm'shed by the service provider in accordance?with ICE Design Guide and speci?cations. Space should be contiguous to existing court function. 0 5 - Jadges Chambers (see Standards for size) 0 Hard walled of?ces (see Standards for size) 0( (7)()Hard walled support spaces (see Standards for size and function) 0 Workstations (see Standards for size) 0 Visitation space must be provided to meet the ACA and NDS standards. 0 Separate entrance for judges is required with complete security system and access to parking lot. It must be ADA compliant. All other EOIR Support Space must be provided per the EOIR Design Standards. 82 MARCH 2015 OPLA Space Refer to ICE Design Standards for speci?c office and workstation sizes and speci?c furnishing requirements for 1,000 beds. All furniture and case goods shall be furnished by the service provider in accordance with ICE Design Standards. The Standards include but are not limited to the. following: )f?ce Deputy Chief Counsel (see Standards for size) )Offices Assistant Chief Counsel (see Standards for size) I . Workstations Legal Technicians (see Standards for size) 0 Workstation - Mail/File Clerk 1 Conference Room (see Standards for size) Mailroom (see Standards for size) Copier/Storage Area (see Standards for size) Of?ce support space must be provided per the Design Standards. Health Services Should health care services be provided by the Division of Immigration Health Services, the Health Services Design Standards provides minimum requirements to be applied to holding rooms and healthcare spaces. The functional space for health services will include but are not limited to: Health Clinic I 4 Exam rooms I DentaPClinic with 2 dental chairs I 6 Mental Health rooms .I 1 Pharmacy Technician I 1 Medical Administration 1 Hold Rooms I All other support spaces as per the Standards Short Stay Unit (in-patient care) I 3 Bed Ward Rooms (including built?in medical gases) I 4 Negative pressure respiratory isolation rooms (with the appropriate pressure monitoring controls) I Observation rooms (medical and mental health) I Safety Cells I Suicide Observation Rooms I All other support spaces as per the Standards Intake Screening I A Health screening Rooms 83 MARCH 2015 Teleradiology and Telehealth Housing Units I Remote multi-purpose exam rooms in all housing units to accommodate sick call. All furniture and case goods are to be furnished by the service provider in accordance with ICE Design Guide and speci?cations in the health care space. ICE will provide medical equipment. The ICE Telehealth Service Provider will provide Teleradiology and telehealth services. NOTE: The Contractor should pay special attention to the Negative Pressure Isolation rooms in the Health Service area. ICE is now requiring that the HVAC systems for all Negative Pressure Isolation rooms are independent from each other and the main HVAC system. ADDITIONAL REQUIREMENTS Processing Area 0 Requirements in this area include the need for accommodating the varying numbers of detainees processed for intake and out-processing, large bus transports of up to ISO detainees. I 0 Processing area must be designed to process male and/or female detainees as required in high frequency rates and varying numbers, a busload up to 150 detainees at onetime. 0 Capable of processing 300 in any given 24-hour period and receive up to 150 detainees at one time. _0 Teleradiology equipment requires high voltage power to accommodate x-ray equipment, speci?cations will be provided by ICE. Furniture All furniture and case goods shall be furnished by the service provider in accordance with ICE Design Guide and speci?cations, which include ICE support space and all operational components which include EOIR, OPLA, and DIHS space as required in accordance with the ICE Design Standards. ICE IT Equipment ICE will provide and install IT. equipment in of?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure, cabling, and interfacing equipment shall be provided by the Service Provider at time of construction. 2: NOTE: The ICE IT system must be a complete, independent, and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA, and DIHS. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. Communication Equipment 84 MARCH 2015 The service provider shall purchase, install, and maintain a complete and operating communication system, which includes but is not limited to: cabling, ?ber optics, patch panels, landing blocks, circuits, PBX and voice mail, phone sets, and other supporting infrastructure and supporting systems in compliance with ICE specifications. Separate billing to ICE must be established on all reoccurring service fees for Communications and'IT. Systerns shall be installed speci?cally for ICE use. NOTE: The ICE communication system must be a complete, independent, and physically separate system from the Service Provider communication system, and billed separately. The system shall serve all operational components: ICE, OPLA, and DIHS. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. eleradiology Service Provider The Detention Service Provider shall use the services of the ICE Teleradiology Service Provider (ITSP). The cost of the equipment; maintenance of the equipment; training of staff; arrangements for interpretation of the X-rays by credentialed radiologists; and transmission of data to and from the Detention Facility are provided by the ITSP and charged directly to ICE. The Service Provider shall coordinate with the ITSP to ensure adequate space is provided for the equipment, connectivity and electrical services are installed, immediate 24/7 access to equipment for service and maintenance by ITSP technicians is granted, a teleradiology coordinator is appointed and available for training by the ITSP, and medical staff is available to perform the screening exams and receive reports. The teleradiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff (it is not necessary to appoint a full time coordinator if the volume of work does not support a full time employee). ICE Performance Based Natienal Detention Standards The service provider shall provide a facility that will support'and deliver all of the environmental and physical requirements to ensure total compliance with the current ICE Performance Based NationalDetention Standards. NOTE: ICE will review ?and approve all design documents, and maintain approval of final inspection of the facility before occupancy. 85 MARCH 2015 PROPERTY ACCOUNTABILITY A. General The Contractor personnel shall not permit any Government property to be taken away or removed from the premises. The Contractor shall enact practices to safeguard and protect Government property against abuse, loss, or any other such incidents. Government property shall be used only for of?cial business. All Government property furnished under this contract shall remain property of the Government throughout the contract term. ICE shall maintain a written inventory of all Government property issued to the Contractor for performance hereunder. Upon expiration or termination of this contract, the Contractor Shall render a written accounting to the COTR of all such property. The Contractor shall assume all risk, and'shall be responsible for any damage to or loss of Government furnished property used by Contractor employees. Normal wear and tear will be allowed. The Contractor, upon expiration of services, shall immediately transfer to the COTR, any and all Government property in its possession or in the possession of any individuals or organizations under its control, except as otherwise provided for in this contract. The Contractor shall cooperate fully in transferring property to the successor Contractor. The Government shall withhold ?nal payment until adjustments are made for any lost property. B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government The Government will furnish the following property at no cost to the Contractor: 1. Copies of the detention. standards cited in the PWS and one copy of all pertinent operational manuals prior to starting work under the contract. The Contractor shall be responsible to duplicate these standards for Contractor employees. 2. Administrative forms, Equal Employment Opportunity, Occupational Safety and Health Administration, Service Contract Act, Drug Free Posters, and DHS OIG hotline poster, as required in this contract. As applicable Department of Homeland Security (DHS) work orders will be issued to the Contractor via DHS Form 1-203, Order to Detain or Release Alien. 3. ICE of?ce space equipment, such as, but not limited to: of?ce telephones, copying machines, fax machines, computer eqnipment, and typewriters for Government use. The Government shall be" responsible for installation of conduit and data lines within the dedicated Government of?ce space. 86 MARCH 2015 BODY ARMOR A. Firearms Requirements a. The Contractor shall provide new ?rearms and maintain suf?cient licensed ?rearms and ammunition to equip each armed Detention Of?cer and armed supervisor(s) with a licensed weapon while on duty. Firearms may be re-issued to new replacement employees throughout the life of the contract-as long as the ?rearm is in serviceable condition. b. Personal ?rearms shall not be used. c. The Contractor shall account for all ?rearms and ammunition daily. (1. If any weapons or ammunition are missing from the inventory, the COTR shall be noti?ed immediately. e. Loading, unloading. and cleaning of the ?rearms shall only take place in designated areas. f. The Contractor shall maintain a complete listing of ?rearms by serial numbers and by each safe'location. i? g. These lists shall be kept current through the terms of the contract and posted within each ?rearms safe. h. The Contractor shall obtain and maintain on ?le appropriate State and municipality permits and weapons permits for each of?cer. i. A copy of this permit shall be provided to the COTR at least three working days prior to the anticipated assignment date of any individual. j. The Contractor shall ensure that his/her employees have all permits and licenses in their possession at all times while in performance of this contract. I k. The Contractor shall provide safes/vaults for storage of ?rearms and for each location where ?rearms are issued or exchanged. 1. Contract supervisors and guards shall make accurate receipt and return entries on a Firearms and Equipment Control Register. m. Except when issuing or returning ammunition or ?rearms, each safe/vault shall remain locked at all times. n. The Contractor certi?es ?rearms training to the COTR. o. The Contractor shall certify pro?ciency every quarter. The Contractor shall assign one or more contractor staff to the positions of 1) Amniunition Control Of?cer and 2) Firearms Control Of?cer, per ICE Performance Based National Detention Standards. 87 MARCH 2015 B. Body Armor Requirements a.The Contractor shall provide body armor to all armed Detention Of?cers and armed I supervisor(s). - Body armor shall be worn while on armed duty. 0. The body armor shall meet all requirements as set forth in the ICE Firearms Policy. d. The Contractor shall procure replacement body armor if the body armor becomes unserviceable, ill-?tting: worn/damaged, or at the expiration of service life. e. All armed Detention Of?cers and armed supervisors need to be made aware of the health risks associated with the wearing of body armor in high heat/high humidity conditions and/or during Strenuous exertion. When Detention Of?cers and supervisors are required to wear body armor, they shall be provided opportunities to rehydrate and remove the body armor as necessary. f. The use of personally owned body armor is not authorized. 88 MARCH 2015 SECTION AND ACCEPTANCE E-l. 52.246-4 Inspection of Services Fixed-Price AUG 1996 SECTION DELIVERIES OR PERFORMANCE F-l. 52.242-15 Stop Work Order AUG 1989 SECTION CONTRACT ADMINISTRATION DATA G-l. Contract Administration This contract will be administered by: Immigration Customs Enforcement Of?ce of Acquisition Management 801 I Street NW, Suite 910 Floor Washington, DC 20536 Written communications shall make reference to the contract number. and shall be mailed to'the above address. G-2. 3052.242-72 I Contracting Officer?s Technical Representative DEC 2003 . is hereby appointed to act as the Contracting Of?cer?s Technical Representative (COTR) under this contract. I). The Contracting Officer may designate Government personnel to act as the Contracting Of?cer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Of?cer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than ?ve working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. C. The Contracting Of?cer cannot authorize the COTR or any other representative'to sign documents, such as contracts, contract modi?cations, etc., that require the signature of the Contracting Of?cer. - 89 MARCH 2015 G-3. Invoice Requirements 1. Submit invoices in an original and one (1) copy. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: An invoice must include: Name and address of the Contractor; (ii) Invoice date and number; Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; . Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address bf of?cial to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective inVoice; and (ix) Taxpayer Identi?cation Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (X) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232-33, Payment by Electronic Funds Transfer; Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. 2. All invoices shall be submitted to the address stipulated on the individual task orders. 3. The original invoice must be sent to the address noted on the task orders to be entered into the ICE Webview Invoice Consolidation Payment system. This will allow the COTR to certify the invoice for payment. The duplicate invoice, which must be marked as a duplicate, must be sent to the Contracting Of?cer to be kept as part of the ?le. 90 MARCH 2015 . SECTION SPECIAL CONTRACT REQUIREMENTS H-l. Contractor?s Insurance Bond Requirements The Contractor shall maintain insurance in an amount not less than $3,000,000 to protect the Contractor from claims under workman?s compensation acts and from any other claims for damages for personal injury, including death which may arise from operations under this contract whether such operations by the Contractor itself or by any subcontractor or anyone directly or indirectly employed by either business entity. The Contractor shall maintain General Liability insurance: bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per Occurrence is required. I Additionally, an automobile liability insurance policy providing for bodily injury and property damage liability covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property coverage. Certi?cates of such insurance shall be subject to the approval of the Contracting Of?cer for adequacy of protection. All insurance certi?cates required under this contract shall provide 30 days advance notice to the Government of any contemplated cancellation. The Contractor shall provide that all staff having access to detainee monies and valuables are bonded in an amount suf?cient to ensure reimbursement to the detainee by the Contractor in case of loss. SECTION I CONTRACT CLAUSES I-1 52.252-2 Clauses Incorporated by Reference FEB 1998 This contract incorporateS one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 1-2 52.203-3 Gratuities APR 1984 1-3 52.203-5 Covenant Against Contingent Fees APR 1984 1-4 52.203-6 Restrictions on Subcontractor Saies SEP 2006 to the Government 1-5 52.203-7 Anti-Kickback Procedures JUL 1995 1-6 52.203-8 Cancellation, Rescission, and Recovery JAN 1997 - of Funds for Illegal or Improper Activity 91 if, MARCH 2015 I-7 I-8 L9 I-10 I-11 I-13 I-15 I-16 I-17 I-18 I-19 I-20 I-22 I-23 52203-10 52203?12 52203-13 52.204-2 52.204-4 52204-7 52.204-9 52.209-6 52.215-2 52.215-8 52.215-10 52.215-15 52.215-17 52.215-18 52.216-18 52.216-21 52.217-5 Price or Fee Adjustment for Illegal or Improper Activity Limitation on Payments to In?uence Certain ederal Transactions Contractor Code of Business Ethics and Conduct a? Security Requirements Printed or Copied Double-Sided on Recycled Paper Central Contractor Registration Personal Identity Verification of Contractor Personnel Protecting the Government?s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Audit Records - Negotiation Order of Precedence Uniform Contract Format ?9 Price Reduction for Defective Cost or Pricing Data Pension Adjustments Asset Reversions Waiver of Facilities Capital Cost of Money Reversion or Adjustment of Plans for Postretirement bene?ts (PRB) Other Than Pensions Ordering Requirements Evaluation of Options 4 MARCH 2015 JAN 1997 SEP 2007 DEC 2008 AUG 1996 AUG 2000 JUL 2006 SEP 2007 SEP 2006 JUN 1999 OCT 1997 OCT 1997 OCT 2004 OCT 1997 JUL 2005 OCT 1995 OCT 1995 JUL 1990 92 I-24 I-25 I-26 I-28 [-29 1-30 L31 I-32 I-33 I-34 I-35 I-36 I-37 I-38 52.219-8 52.219-9 52.222-1 52.222-3 52.222-4 52.222-21 52.222-26 52.222-29 52.222-35 52.222-36 52.222-37 52.222-41 52.222-43 52,222-50 52.223?5 52.223-6 Utilization of Small Business Concerns Small Business Subcontracting Plan Notice to the Government of Labor Disputes Convict Labor Contract Work Hours and Safety Standards Act Overtime Compensation Prohibition of Segregated Facilities Equal Opportunity Noti?cation of Visa Denial Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Af?rmative Action for Workers with Disabilities Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Service Contract Act of 1965 Fair Labor Standards Act and Service Contract Act Price Adjustments (Multiple Year and Option Contracts) Combating Trafficking in Persons Pollution Prevention and Right-to-Know Information Drug-Free Workplace MARCH 2015 MAY 2004 APR 2008 FEB 1997 JUN 2003 JUL 2005 FEB 1999 MAR 2007 JUN 2003 SEP 2006 JUN 1998 SEP 2006 NOV 2007 NOV 2006 AUG 2007 AUG 2003 MAY 2001 I-40 I-41 I-42 I-43 I-44 L45 1446 - I-47 I-48 I-49 I-59 I-51 I-52 I-53 I-54 I-55 I-56 I-57 I-58 52.223-10 52.223-14 52.224-1 52.224-2 52.225-13 52.227-1 52.229-3 52.230-2 52.230-6 52.232-1 52.232~8 52.232-9 52.232-11 52.232-17 52.232-18 52.232-23 52.232-25 52.232-34 52.233-1 Waste Reduction Program Toxic Chemical Release Reporting Privacy Act Notification Privacy Act Restrictions on Certain Foreign Purchases Authorization and Consent FederaliState, and Local Taxes Cost Accounting Standards Administration of Cost Accounting Standards Payments Discounts for Prompt-Payment Limitation on Withholding of Payments Extras Interest Availability of Funds Assignment of Claims Prompt Payment Payment by Electronic Funds Transfer Other than Central Contractor Registration Disputes MARCH 2015 AUG 2000 AUG 2003 APR 1984 APR 1984 JUN 2008 DEC 2007 APR 2003 APR 1998 MAR 2008 APR 1984 FEB 2002 APR 1984 APR 1984 OCT 2008 APR 1984 JAN 1986 OCT 2008 MAY 1999 JUL 2002 1-59 1-60 [-61 1-62 1-63 1-64- - 1?65 I-67 I-68 I-69 I-70 I-71 I-72 L73 L74 52.233-3 52.233-4 - 52.237 -3 52.242-13 52.243-1 52.244-5 52.244-6 52.245-1 52.246-25 52.248-1 52.249-2 52.249-8 52.253-1 3052.242.71 3052.245-70 52.204-1 Protest after Award Applicable Law for Breach of Contract Claim Continuity of Services Bankruptcy Changes-?Fixed Price Alt. 1 Competition in Contracting Snbcontracts for Commercial Items Government Property Limitation of Liability Services Value Engineering Termination of Convenience of the Government (Fixed-Price) Default (Fixed-Price Supply Service) Computer Generated Forms Dissemination of Contract Information Government Property Reports Approval of Contract This contract is subject to the written approval of the Procurement Contracting Of?cer and shall not be binding until so approved. (End of clause). MARCH 2015 AUG 1996 OCT 2004 JAN 1991 JUL 1995 APR 1984 DEC 1996 I DEC 2008 JUN 2007 FEB 1997 FEB 2000 MAY 2004 APR 1984 JAN 1991 DEC 2003 JUN 2006 DEC 1989 95 [-75 52217-8 Option to Extend Services NOV 1999 The Government may require continued performance of any services within the limits and at the rates speci?ed in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of?cer may exercise the option by written notice to the Contractor within 60 days of the end of the current period. (End of clause) [-76 52.217-9 Option to Extend the Term of MAR 2000 the Contract (3) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to. an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed ?ve (5) (years). (End of clause) 1-77 52.222-39 Notification of Employee Rights DEC 2004 - Concerning Payment of Union Dues or Fees De?nition. As used in this clause? ?United States? means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana 'Islands,.American Samoa, Guam, the US. Virgin Islands, and Wake Island. Except as provided in paragraph of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuons places in and - about all its plants and of?ces, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National LaborRelations Board shall not be included in notices posted in the plants or of?ces of Carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)). 96 MARCH 2015 Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be reqnired to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contra?t administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract - administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. I For further information concerning yonr rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional of?ces or at the following address or toll free number: I National Labor Relations Board Division of Information 1099 14th Street, NW. Washington, DC 20570 1-866-667 To locate the nearest NLRB Ef?ce, see website at . The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001 and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor. - In the event that the Contractor does not comply with any of the requirements set forth in paragraphs or the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart BwCompliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201 or as are otherwise provided by law. 97 MARCH 2015 The requirement to post the employee notice in paragraph does not apply to? (1) Contractors and subco?tractors that employ fewer than 15 persons; (2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certi?ed as the exclusive bargaining representative of the Contractor?s employees; (3) Contractor establishments or construction work sites located in a jurisdiction named in the de?nition ?of the United States in which the law of that jurisdiction forbids enforcement of union- security agreements; (4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor?s facilities if the Deputy Assistant Secretary ?nds that the Contractor has demonstrated that? I The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and 7 (ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or (5) Work outside the United States that does not involve the recruitment or employment of workers within the United States. The Department of Labor?publishes the of?cial employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall?. (1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Of?ce of Labor-Management Standards, US. Department of Labor, 200 Constitution Avenue, NW, Room N-S 605 Washington, DC 20210, or from any ?eld office of the Department?s Of?ce of Labor-Management Standards or Of?ce of Federal Contract Compliance Programs; (2) Download a copy of the poster from the Of?ce of Labor-Management Standards website at or (3) Reproduce and use exact duplicate copies of the Department of Labor?s of?cial poster. The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simpli?ed acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR For inde?nite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simpli?ed acquisition threshold; Pursuant to 29 CFR Part 470, Subpart B?Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance, with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or, vendor, or is threatened with such 98 MARCH 2015 involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. [-78 1-79 (End of clause) Designation of Office for Government Receipt MAY 1999 of Government Receipt of Electronic Funds 52.232-35 Transfer Information As provided in paragraph of the clause at 52232-34, Payment by Electronic Funds Transfer?Other than Central Contractor Registration, the Government has designated the of?ce cited in paragraph of this clause as the of?ce to receive the Contractor?s electronic funds transfer (EFT) information, in lien of the payment of?ce of this contract. The Contractor shall sendsall EFT information, and any changes to EFT information to the of?ce designated in paragraph of this clause. The Contractor shall not send EFT information to the payment of?ce, or any other of?ce than that designated in paragraph The Government need not use any EFT information sent to any of?ce other than that designated in paragraph 7 (C Designated of?ce: Name: Burlington Finance Center Mailing Address: PO Box 5000 Burlington, VT. 05495-5000 Telephone Number: 802-288 6), (C) Person to Contact: Electronic Address (WHO) :@dhs. gov (End of clause) 52.246-20 MAY 2001 Warranty of Services De?nition. ?Acceptance,? as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identi?ed supplies, or approves speci?c services, as - partial or complete performance of the "contract. Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Of?cer shall give written 99 MARCH 2015 1-80 notice of any defect or nonconforrnance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either-? (1) That the Contractor shall correct or re-perform any defective or nonconforming services; or (2) That the Government does not require correction or re-performance. - I If the Contractor is reqnired to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed by the Contractor shall be subject to this Clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting Of?cer may, by contractor otherwise, corrector replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price. If the Government does not require correction or re-performance, the Contracting Of?cer shall make an equitable adjustment in the contract price. . (End of clause) 3052.294-70 Security Requirements for Unclassi?ed JUN 2006 Information Technology Resources The Contractor shalLbe responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassi?ed systems that directly support the agency?s mission. The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be folloWed to ensure appropriate s'ecnrity of IT resources that are developed, processed, or used under this contract. (1) Within 30 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror?s proposal. The plan, as approved by the Contracting Of?cer, shall be incorporated into the contract as a compliance document. (2) The Contractor?s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular 100 MARCH 2015 I I-81 (3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor?s site (including any information stored, processed, or transmitted using the Contractor?s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (0) Examples of tasks that require security provisions include? (1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor?s copy be corrupted; and (2) Access to DHS netWorks or computers at a level beyond that granted the general public such as bypassing a ?rewall). At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS Contracting Of?cer. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the Contracting Of?cer will provide upon request. This accreditation will include a ?nal security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Of?cer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation. (End of clause) 3052.204-71 Contractor Employee Access JUN 2006 ?Sensitive Information,? as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modi?cation of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107? 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of 101 MARCH 2015 Federal Regulations, part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCH Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as de?ned in Title 49, Code of Federal Regulations, part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or hisfher designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the nnauthbrized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and intemet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer?s request, the Contractor?s employees shall be ?ngerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have" a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may reqnire the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insnbordination, incompetence, or security concerns. 7 Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons . receive training concerning the protection and disclosure of sensitive information both during and after contract performance. 102 MARCH 2015 I-82 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) 3052.209-70 Prohibition on Contracts with Corporate Expatriates JUN 2006 Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395 prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity: The Secretary shall waive the prohibition with respect to any speci?c contract if the Secretary determines thatthe waiver is required in the interest of national security. De?nitions. As used in this clause: Expanded A?z?lz?ated Group means an af?liated group as de?ned in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 15 04(b) of such Code), except that section 1504 of such Code shall be applied by substituting ?more than 50 percent? for ?at least 80 percent? each place it appears. Foreign Incorporated Entity means any entity which is, or bat for subsection (b)_of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? (1) The entity complete; the direct or indirect acquisition of substantially all of the properties held directly 'or indirectly by a domestic corpOration or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or pro?ts interest in the domestic partnership; and 103 MARCH 2015 (3) The expanded af?liated group which after the acquisition includes the entity. does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded af?liated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (0) Special rules. The following de?nitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. . (1) Certain stock disregarded For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: stock held by members of the expanded af?liated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition escribed in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during . the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection are met, such actions shall be treated as pursuant to a plan. (3) Certain trans?rs disregarded The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. Special rule for related partnerships. For purposes of applying section 835 of the Homeland Security Act, 6 U.S.C. 395 to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to re?ect the present value 7 of all equitable interests?ncident to the transaction, as follows: Warrants; (ii) Options; Contracts to acquire stock; 104 MARCH 2015 1?83 (iv) Convertible debt instruments; (V) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to re?ect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. Disclosure. The offeror under this solicitation represents that [Check one]: a, _it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CF 3009.104?70 through 3009.104?73; _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104?70 through 3009.104?73, but it has submitted a request for waiver pursuant to 3009.104?74, which has not been denied; or __it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104?70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104?74. A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) 30.52.242-72 Contracting Of?cers Technical Representative DEC 2003 a (bye), is hereby appointed to act as the Contracting Of?cer?s Technical .epresentatrve under this contract. b. The Contracting Of?cer may designate Government personnel to act as the Contracting Of?cer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Of?cer will provide a written notice of such designation to the Contractor within ?ve working days after contract award or for construction, not less than ?ve working days prior to giving the contractor the notice to 7 proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. C. The Contracting Of?cer cannot authorize the COTR or any other representative to Sign documents, such as contracts, contract modi?cations, etc., that require the signature of the Contracting Of?cer. (End of clause) 10,5 MARCH 2015 SECTION LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Attachment 1: Department of Labor Wage Determination No. 2005-2515 Revision No. 7 Dated 7/23/2008 Attachment 2: Deliverables Attachment 3: Quality Assurance Surveillance Plan 106 MARCH 2015 SECTION ATTACHMENT 1: DEPARTMENT OF LABOR WAGE DETERMINATION NUMBER 2005 -2515 NO. 7 REVISION DATED 7/232008 WD 05-2515 (Rev.?7) was first posted on on 07/29/2008 REGISTER OF WAGE DETERMINATIONS UNDER I 7U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION - 1 WASHINGTON 0.0. 20210 Wage Determination No.: 2005-2515 Revision No.: 7 Date Of Revision: 07/23/2008 Shirley F. Ebbesen Division of Director Wage Determinations I i I State: Texas Area: Texas Counties of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Houston, Jackson, Lavaca, Liberty, Madison, Matagorda, Montgomery, San Jacinto, Trinity, Walker, Waller, Washington, Wharton **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.58 01012 Accounting Clerk II 16.38 01013 - Accounting Clerk 18.32 01020 Administrative Assistant 23.55 01040 - Court Reporter 21.79 01051 Data Entry Operator I 11.67 01052 Data Entry_0perator II 14.32 01060 - DispatCher, Motor Vehicle 15.40 01070 - Document Preparation Clerk 13.41 01090 Duplicating Machine Operator 13.41 01111 General Clerk I 10.80 01112 General Clerk II 12.97 01113 General Clerk 14.88 01120 Housing Referral Assistant . 20.55 01141 - Messenger Courier 11.95 01191 Order Clerk I 13.52 01192 Order Clerk II 15.24 01261 - Personnel Assistant (Employment) I 14.74 01262 - Personnel Assistant (Employment) II 16.50 01263 Personnel Assistant (Employment) 18.38 01270 Production Control Clerk 19.10 01280 - Receptionist 12.02 01290 Rental Clerk 14.75 ?01300 Scheduler, Maintenance . 15.92 107 1 MARCH 2015 01311 01312 01313 01320 01410 01420 01531 01532 01533 01611 01612 01613 05000 05005 05010 05040 05070 05110 05130 05160 05190 05220 05250 05280 05310 05340 05370 05400 07000 07010 07041 07042 07070 07130 07210 07260 09000 09010 09040 09080 09090 09110 09130 11000 11030 11060 11090 11122 11150 11210 11240 11260 11270 11330 11360 12000 12010 Secretary I Secretary II Secretary Service Order Dispatcher Supply Technician Survey Worker Travel Clerk I Travel Clerk II Travel Clerk Word Processor I Word Processor II Word Processor Automotive Service Occupations Automobile Body Repairer, Fiberglass Automotive Electrician Automotive Glass Installer Automotive'Worker Mobile Equipment Servicer Motor Equipment Metal Mechanic Motor Equipment Metal Worker Motor Vehicle Mechanic Motor Vehicle Mechanic Helper Motor vehicle Upholstery Worker Motor vehicle Wrecker. Painter, Automotive Radiator Repair Specialist Tire Repairer Transmission Repair Specialist Food Preparation?And Service Occupations Baker Cook I Cook II Dishwasher Food Service Worker Meat Cutter Waiter/Waitress Furniture Maintenance And Repair Occupations Electrostatic Spray Painter Furniture Handler Furniture Refinisher Furniture Refinisher Helper Furniture Repairer, Minor Upholsterer General Services And Support Occupations Cleaner, Vehicles Elevator Operator Gardener Housekeeping Aid Janitor Laborer, Grounds Maintenance? Maid or Houseman Pruner Tractor Operator Trail Maintenance Worker Window Cleaner Health Occupations Ambulance Driver MARCH 2015 1.4 \903 .90 .17 .52 .17 .17 .93 .73 .99 .82 .93 .92 .22 108 12011 12012 12015 12020 12025 12030 12035 12040 12071 12072 12073 12100 12130 12160 12190 12195 12210 12221 -12222 12223 12224 12235 12236 12250' 12280 12305 12311 12312 12313 '12314 12315 12316 12317 13000 13011 13012 13013 13041 13042 13043 13047 13050 13054 13058 13061 13062 13063 13071 13072 13073 13074 13075 13110 . 14000 14041 14042 14043 Breath Alcohol Technician Certified Occupational Therapist Assistant Certified Physical Therapist Assistant Dental Assistant Dental Hygienist EKG Technician Electroneurodiagnostic Technologist Emergency Medical Technician Licensed Practical Nurse I Licensed Practical Nurse II Licensed Practical Nurse Medical Assistant Medical Laboratory Technician Medical Record Clerk Medical Record Technician Medical Transcriptionist Nuclear Medicine Technologist Nursing Assistant I Nursing Assistant II Nursing Assistant Nursing Assistant IV Optical Dispenser Optical Technician Pharmacy Technician Phlebotomist . Radiologic Technologist Registered Nurse I Registered Nurse II Registered Nurse II, Specialist Registered Nurse Registered Nurse Anesthetist Registered Nurse IV Scheduler (Drug and Alcohol Testing) Information And Arts Occupations Exhibits Specialist I Exhibits Specialist II Exhibits Specialist Illustrator I Illustrator II Illustrator Librarian Library Aide/Clerk Library Information Technology Systems Administrator Library Technician Media Specialist I Media Specialist II Media Specialist Photographer I Photographer II Photographer Photographer IV Photographer Video Teleconference Technician Information Technology Occupations Computer Operator I Computer Operator II Computer Operator MARCH 2015 15.49 .56 .56 .22 .29 .52 22. .40 15. .21 16. '16109 14044 14045 14071 14072 14073 14074 14101 14102 14103 14150 14160 15000 15010 15020 15030 15050 15060 15070 15080 15090 15095 15110 15120 16000 16010 16030 16040 16070 16090 16110 16130 16160 16190 16220 16250 19000 19010 19040 21000 21020 21030 21040 21050 21071 21080 21110 21130 21140 21150 21210 21410 23000 23010 23021 23022 23023 23040 Computer Operator IV Computer Operator Computer Programmer I (1) Computer Programmer II (1) Computer Programmer (1) Computer Programmer IV (1) Computer Systems Analyst I (1) Computer Systems Analyst II (1) Computer Systems Analyst (1) Peripheral Equipment Operator Personal Compute? Support Technician Instructional Occupations Aircrew Training Devices Instructor (Non-Rated) Aircrew Training Devices Instructor (Rated) Air Crew Training Devices Instructor (Pilot) Computer Based Training Specialist Instructor Educational Technologist - Flight Instructor (Pilot)? Graphic Artist Technical Instructor Technical Instructor/Course Developer Test Proctor Tutor Laundry, Dry?Cleaning, Pressing And Related Occupations Assembler Counter Attendant Dry Cleaner Finisher, Flatwork, Machine Presser, Hand Presser, Machine, Presser, Machine, Shirts Presser, Machine, Wearing Apparel, Laundry Sewing Machine Operator Tailor 2 Washer, Machine Machine Tool Operation And Repair Occupations Machine?Tool Operator (Tool Room) Tool And Die Maker Materials Handling And Packing Occupations Forklift Operator Material Coordinator Material Expediter Material Handling Laborer Order Filler Production Line Worker (Food Processing) Shipping Packer Shipping/Receiving Clerk Store Worker I Stock Clerk Tools And Parts Attendant 'Warehouse Specialist Mechanics And Maintenance And Repair Occupations Aerospace Structural Welder Aircraft Mechanic I Aircraft Mechanic II Aircraft Mechanic Aircraft Mechanic Helper 1 MARCH 2015 ICE2012FOIAO3030.0030226 22110 23050 23060 23080 23110 23120 23125 23130 23140 23160 23181 23182 23183 23260 23290 23310 23311 23312 23370 23380 23381 23382 23391 23392 23393 23410 23411 20.93 23430 23440 23460 23465 23470 23510 23530 23550 23580 23591 23592 23593 23640 23710 23760 23790 23810 23820 23850 23870 23890 23910 23931 23932 -23950 23960 23965 23970 23980 24000 Aircraft, Painter Aircraft Servicer Aircraft Worker Appliance Mechanic Bicycle Repairer Cable Splicer Carpenter, Maintenance Carpet Layer _Electrician, Maintenance Electronics Technician Maintenance I Electronics Technician Maintenance II Electronics Technician Maintenance Fabric Worker Fire Alarm System Mechanic Fire Extinguisher Repairer Fuel Distribution System Mechanic Fuel Distribution System Operator General Maintenance Worker Ground Support Equipment Mechanic Ground Support Equipment Servicer Ground Support Equipment Worker Gunsmith I Gunsmith II Gunsmith Heating, Ventilation And Air?Conditioning Mechanic Heavy Equipment Mechanic Heavy Equipment operator Instrument Mechanic Laboratory/Shelter Mechanic Laborer Locksmith Machinery Maintenance Mechanic Machinist, Maintenance Maintenance Trades Helper Metrology Technician I Metrology Technician II Metrology Technician Millwright Office Appliance Repairer Painter, Maintenance Pipefitter, Maintenance Plumber, Maintenance Pneudraulic Systems Mechanic Rigger Scale Mechanic Sheet-Metal Worker, Maintenance Small Engine Mechanic Telecommunications Mechanic I Telecommunications Mechanic II Telephone Lineman Welder, Combination, Maintenance Well Driller Woodcraft Worker Woodworker Personal Needs Occupations MARCH 2015 24. 23. 24. 17. .91 13 24. 18. 16. 26. 19. .28 .48 15. 18. .78 19. 16. 17. 26. 23. 24. l4. l7. 19. 20. Heating, Ventilation And Air Conditioning Mechanic (Research Facility111 24570 24580 24610 24620 24630 25000 25010 25040 25070 25190 25210 27000 27004 27007 27008 27010 27030 27040 27070 27101 27102 27131 ?27132 28000 28041 28042 28043 28210 28310 28350 28510 28515 28630 28690 29000 29010 29020 29030 29041 29042 30000 30010 30011 30012 30021 30022 30023 30030 30040 30061 30062 30063 30064 30081 30082 30083 ,30084 Child Care Attendant Child Care Center Clerk Chore Aide Family Readiness And Support Services Coordinator Homemaker Plant And System Operations Occupations Boiler Tender Sewage Plant Operator Stationary Engineer Ventilation Equipment Tender Water Treatment Plant Operator Protective Service Occupations Alarm Monitor Baggage Inspector Corrections Officer Court Security Officer Detection Dog Handler Detention Officer Firefighter Guard Guard II Police Officer I Police Officer II Recreation Occupations Carnival Equipment Operator Carnival Equipment Repairer Carnival Equipment Worker Gate Attendant/Gate Tender Lifeguard Park Attendant (Aide) Recreation Aide/Health Facility Attendant Recreation Specialist Sports Official Swimming Pool Operator Stevedoring/Longshoremen Occupational Services Blocker And Bracer Hatch Tender Line_Handler Stevedore I Stevedore II Technical Occupations Air Traffic Control Specialist, Center (HFO) (2) Air Traffic Control Specialist,-Station (HFO) (2) Air Traffic Control Specialist, Terminal (HFO) (2) Archeological Technician I Archeological Technician II Archeological Technician Cartographic Technician Civil Engineering Technician Drafter/CAD Operator I Drafter/CAD Operator II Drafter/CAD Operator Drafter/CAD Operator IV Engineering Technician I. Engineering Technician II Engineering Technician Engineering Technician IV MARCH 2015 112 Engineering Technician 30085 36.15 30086 Engineering Technician VI 41.85 30090 Environmental Technician 27.24 30210 Laboratory Technician 23.55 30240 Mathematical Technician 28.67 30361 Paralegal/Legal Assistant I 19.94 30362 Paralegal/Legal Assistant II 24.71 30363 Paralegal/Legal Assistant 30.22 30364 Paralegal/Legal Assistant IV 35.81 30390 Photo?Optics Technician 28-67 30461 Technical Writer I 20.79 30462 Technical Writer II 25.43 30463 Technical Writer 29.06 30491 Unexploded Ordnance (UXO) Technician I 24.29 30492 Unexploded Ordnance (UXO) Technician II 29.39 30493 Unexploded Ordnance (UXO) Technician 35.23 30494 Unexploded (UXO) Safety Escort 24.29 30495 Unexploded (UXO) Sweep Personnel 24.29 30620 Weather Observer, Combined Upper Air Or Surface Programs 23.95 30621 Weather Observer, Senior (2) 27.71 31000 Transportation/Mobile Equipment Operation Occupations 31020 Bus Aide - 10.55 31030 Bus Driver 15.48 31043 Driver Courier 12.73 31260 Parking and Lot Attendant 8.34 31290 Shuttle Bus Driver 13.87 31310 Taxi Driver 10.49 31361 Truckdriver, Light 13.87 31362 Truckdriver, Medium 17.23 31363 Truckdriver, Heavy 18.99 31364 Truckdriver, Tractor-Trailer 18.99 '99000 Miscellaneous Occupations 99030 Cashier 9.10 99050 Desk Clerk 10.65 99095 Embalmer 21.55 99251 Laboratory Animal Caretaker I 9.49 99252 Laboratory Animal Caretaker II 10.62 99310 Mortician 24.04 99410 Pest Controller 14.21 99510 Photofinishing Worker 10.43 99710 Recycling Laborer 13.60 99711 Recycling Specialist 16.58 99730 Refuse Collector 12.13 99810 Sales Clerk 11.41 99820 School Crossing Guard 9.05 99830 Survey Party Chief 20.96 99831 Surveying Aide 14.35 99832 Surveying Technician 18.13 99840 Vending Machine Attendant 12.00 99841 vending Machine Repairer 14.41 99842 vending Machine Repairer Helper 12.31 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH WELFARE: $3.24 pef hour or $129.60 per week or $561.60 per month MARCH 2015 113 VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Under the SCA at section this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer .System and Computer Programmers who are compensated at?a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on?this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems_or programs, including prototypes, based on and related to user or system design specifications: (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of?skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS NIGHT PAY SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime occasional work on Sunday outside the normal tour of duty is considered overtime work). 114 MARCH 2015 HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to emplOyees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry?house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable.to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, exploSive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different'amount, or the furnishing Of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning 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" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WEB home page at or through the Wage Determinations On?Line (WDOL) Web site at I REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} 115 MARCH 2015 Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract 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 appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by suCh unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). a 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), 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. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and submits a report of the action, together with the agency?s recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Department of Labor, for review. (See section of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage.and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the ?Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. 116 MARCH 2015 SECTION ATTACHMENT 2: Deliverables SOW Item page Description Delivery Date 1 6 Detainee Records . Continuous 2 12 Notice of facility readiness To CO within 30 days after contract award 3 13 Plans, policies and procedures To COTR prior to NTP 4 14 ACA accreditation - . Within 12 months of NTP 5 14 Any records related to performance To government upon completion or termination 6 15 Any litigation Within 5 working days of ?ling 7 15 Congressional inquiry Immediate I 8 15 Press statements and releases Prior to release 9 16 Quality Control Plan No later than the post award conference 10 18 Employee manual NTP date Employee receipt of ICE Operations Policy 1 1 18 and Procedure manual Upon request by COTR Employees certi?cations that they have read 12 18 and understand the standards of conduct Upon request by COTR 13 19 Staf?ng plan Prior to implementation 14 19 Detention of?cer assignment roster Daily 24 hours in advance 15 19 Names of Supervisory Detention Of?cers Before commencement of services 16 19 Shift roster Daily upon completion of the third shift 17 19 Vacancy report . By 5th of each month 18 20 Resurnes of key personnel Before any employee is assigned to perform duties 19 21 Organizational chart Upon request of the COTR or CO 20 22 Pre-employment checks Before any employee is assigned to perform duties No less than 30 days after contract award and 21 22 Training plan before commencement Health needs policies/procedures (5 22 23 subcategories) . Upon request of the COTR or CO 23 24 Health care complaints Upon request of the COTR or CO, or DIHS DIHS approval, requests and pre- 24 25 authorizations Upon request of the COTR or CO, or DIHS 25 25 Reply to medical care letter Within 10 days after receipt of cure letter 26 27 Interior security speci?cations for vehicles Prior to installation 27 27 Overnight lodging requests In advance of trip 28 28 Current status of vehicles/employees Upon demand of COTR 29 28 Departure documents Prior to detainee departure 117 MARCH 2015 Standards of conduct and corresponding f? 30 31 disciplinary actions Before any employee is assigned to perform duties Report of any contract employee 31 31 misconduct to COTR I-9 form: "Employment Eligibility 32 32 Veri?cation? Before any employee is assigned to perform duties 33 33 Medical records Upon request by COTR 34 34 Drug tests (other than prior to EOD) I I Upon request by COTR within 24 hours of receipt Noti?cation of changes in employee's health . 35 34 status Immediate to COTR 36 34 Removal from duty Immediate to COTR 37 34 Tuberculosis skin test certi?cates Prior to EOD and annually thereafter 3 8 37 Personnel ?les Upon request of the COTR or CO Certi?cation of issuance of uniforms and 39 3 8 credentials Prior to contract performance date - 40 38 Business permits/licenses Upon request of COTR Registrations, Commissions, Permits, and 41 3 8 Licenses Veri?cations Prior to EOD 42 39 Work Schedules One week in advance for each two week period 43 39 Employment report At completion of each shift 44 39 GSA Form 139 or ICE equivalent Upon request of COTR 45 39 Manpower report To COTR 46 39 Changes in duty hours i 24 hours in advance of duty 47 40 Uniform receipt certi?cation Prior to entry on duty 48 41 Guard post assignment record Upon request of COTR Employee actions and information relating to disqualifying information or incidents of 49 44 delinquency Immediate to COTR 50 45 Non-rctumed ID card/pass Immediate to COTR 51 47 Initial drug test To COTR prior to EDD 52 48 On job training records (OJ T) To COTR upon completion 53 50 Re?esher training documentation Annually upon completion to COTR To COTR and/or CO prior to commencement of 54 50 "60 day" training format and schedules training 55 51 Training certi?cations Prior to training class 56 51 Training forecast/lesson plan To COTR on a basis for next 60 days 57 51 Supervisor training documentation To COTR upon completion of training 58 52 Training reports to COTR 5 9 55 Intelligence information Immediate to ICE-designee 60 55 Serious incidents Immediate to COTR 61 56 Emergency plans MARCH 2015 Prior to the issuance of the NTP 118 62 56 Intervention equipment To COTR prior to commencement of performance 63 5 7 Security incidents-comptiters To COTR within four hours of an incident 64 58 Log books Upon request of COTR 65 58 Manifest-detainees .Daily to COTR 66 59 Contract termination To CO on contract completion or termination 67 59 Key indicators report to COTR by 5th of next month?of record 68 59 Special reports As directed by government requirements 69 60 Contraband reports To COTR within 24 hours of discovery 70 60 Physical facility damage documentation To COTR by end of shift 71 60 Court records To COTR upon request 72 61 Post orders Upon request of COTR 73 61 Physical force incident report To COTR within 24 hours of reCeipt by Warden 74 63 Lost and found To COTR 75 63 Written report for escapes To COTR by end of shift Report of physical harm or threat to safety, Immediately to COTR, with follow-up report 76 64 health or welfare within 24 hours 77 64 injury report To COTR 78 64 Detainee death reports i- To COTR immediately 79 72 Food worker contingency plan To COTR prior to issuance of NTP 80 73 Auditor certi?cations-cornmissary To COTR quarterly 81 76 Spill report Immediate to COTR 82 76 Design/construction documents To COTR prior to the issuance of NTP 83 81 Videos To COTR upon request 84 87 Firearms control register To COTR upon request 85 87 Firearms training and proficiency To COTR quarterly 86 87 Weapons permits To COTR three days prior to EOD Immediate to COTR and appropriate law 87 31,55 Criminal activities enforcement agency No less than 5 days before starting date of contract 88 42-44 Security forms or EOD 89 Contract discrepancy reports (CDR) Within five working days of COTR transmission Corrective action plan (when a CDR is 90 ?led) Within ?ve working days of COTR transmission Outcome measures required for ACA 91 accreditation or QASP under to COTR on request MARCH 2015 119 SECTION I ATTACHMENT 3: Immigration and Customs Enforcement Detention and Transportation Services . 120 MARCH 2015 Table of Contents INTRODUCTION 122 DEFINITIONS 122 QUALITY CONTROL PLAN 124 METHODS OF SURVEILLANCE 125 I . FUNCTIONAL PERFORMANCE AREAS AND STANDARDS 126 FAILURE TO MEET PERFORMANCE STANDARDS 126 NOTIFICATIONS 127 OF PUBLIC COMPLAINTS 129 ATTACHMENTS 129 Attachment A- Performance Requirements Summary - Attachment - Contract Discrepancy Report B-136 Attachment Performance Monitoring Tool C-137 5 MARCH 2015 121 QUALITY ASSURANCE SURVEILLANCE PLAN FOR THE CONTRACT DETENTION FACILITIES (CDF) IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) OFFICE OF DETENTION AND REMOVAL OPERATIONS (DRO) 1. INTRODUCTION The Government?s Qnality Assurance Surveillance Plan (QASP) is based on the premise that the Contractors/service providers, and not the Government, are responsible for the day-to-day operation of the SPCs, the delivery of secure housing of the detainees, Stationary Detention Services and Transportation of detainees, and all the management and quality control actions required to meet the terms of the contract. The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The service provider is required to develop a comprehensive program of inspections and monitoring actions and to document its approach in a Quality Control Plan (QCP). The service provider?s QCP, upon approval by the Government, will be made a part of the resultant agreement. This QASP is designed to provide an effective surveillance method to monitor the service provider?s performance relative to the requirements listed in the agreement. The QASP illustrates the systematic method the Government (or its designated on-site representative) will use to evaluate the services the service provider is required to ?lrnish. This QASP is based on the principle that the Government must validate that the Contractor/service provider is complying with Immigration and Customs Enforcement, Detention and Removal Operations quality standards in providing security, detention services, and transportation. Performance standards address all facets of guard services, detainee handling, including the related administrative, safety, health, facility, and records management, etc. Ef?cient management by the service provider and use of an approved QCP will ensure that the facility is operating within acceptable quality levels. 2. DEFINITIONS Acceptable Quality Level: The minimum level of quality that will be accepted by the Government in order to meet the performance standard. Contracting Officer?s Technical Representative (COTR): The COTR interacts with the service provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the agreement. The Contracting Of?cer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same de?ciency continues to occur. The service provider will be noti?ed 122 MARCH 2015 immediately if such a situation arises. The Contracting Of?cer in consultation with the Program Of?ce will determine the amount of the deduction. Amounts deducted are not recoverable. The assessment of deductions does not preclude the Contracting Of?cer from initiating other applicable contract actions and remedies, if applicable. Functional Area: A logical grouping of performance standards. Measures: The method for evaluating compliance with the standards. Performance Based National Detention Standards Performance Requirements Summary (Attachment A): The Performance Requirements Summary (PRS) depicts what the Government intends to qualitatively inspect. The PRS is based on: - 9. American Co'rreptional Association (ACA) Standards for Adult Detention Facilities (most current edition) and the most recent copy of the supplement issued every two years. A copy is obtainable through the Internet website 10. Of?cer?s HandbOok 11. M-68 (A Guide to Proper Conduct and Relationships with Aliens and the General Public) . an . 12. The Detention Standards A copy is obtainable on the Internet website WWw.ice.gov. In the search icon insert Detention Standards? 13. All rules and regulations governing usage of ?rearms, public buildings and grounds 14. All regulations provided to the Contractor through the COTR Note: Documents are under revision as of December 2007, and being changed from INS (Immigration and Naturalization Service) to ICE. Current editions/versions apply. 1; The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by the - Government reviewers (or their designated representative) when conducting quality assurance surveillance to guide them through the inspection and review processes for assessing compliance in meeting Government standards. Performance Standards: The performance standards are established in the DRO ICE Performance Based National Detention Standards (NDS) and contained in the Detention Operations Manual, at 123 MARCH 2915 as well as the ACA standards for Adult Local Detention Facilities (ALDF). Other standards may also be de?ned in the agreement. Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment A for information on percentage of invoice amount that may be withheld for each functional area. Funds withheldfrom payment. are recoverable (see Sections 7 and 8) if the COTR and Contracting Of?cer con?rm resolution/correction, and should be included in the next month?s invoice. 3. QUALITY-CONTROL PLAN As a part of its agreement with the Government, the service provider is required to develop, implement, and maintain a Quality Control Plan (QCP) that describes the methods it will use to review its performance to ensure it conforms to the performance requirements. The service provider in order to validate its operations, and assure the Government that the services meet the performance standards performs such reviews. The service provider?s QCP should include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection I methods and schedules that are consistent with the regular reviews conducted by DRO. The reports and other results generated by the service provider?s QCP activities shall be provided to the COTR as requested. The frequency and type of the service provider?s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards, but no less frequent than what is described in the Government?s monitoring instrument/worksheets (see Attachment C). The contractor/service provider is encouraged not to limit its inspection to only the processes outlined in the Government?s standard; however, certain key documents must be produced by the provider to assure the Government that the services meet the performance standards. Some of the documentation that must be generated and made available to the COTR for iilspection is listed below. The list is intended as illustrative and is not all-inclusive. The service provider must develop and implement a program that addresses the speci?c requirement of each standard and the means it will use to document compliance. 0 Written policies and procedures to implement and assess operational requirements of the standard 0 Documentation and record keeping ensuring ongoing operational compliance with the standards inventories, logbooks, register of receipts, reports) Staff training records Contract discrepancy reports Investigative reports Medical records Records of investigative actions taken 124 MARCH 2015 0 Equipment inspections 4. METHODS OF SURVEILLANCE The Government will inspect the facility and operations using worksheets it developed for this purpose. All facilities will be subject to an annual full facility review using the procedures outlined in the Detention Management Control Program (DMCP), as well as the ACA Standards for ALDF. More frequent inspections may be required by the COTR. The Government?s annual full facility reviews will use the monitoring checklists (see Attachment C) embedded in the standards to assess overall performance, by reviewing speci?c items within the nine functional areas on a daily, weekly, and/or quarterly basis. Both annual and routine inspections will include a review of the service provider?s QCP activities including the reports and results generated by them. The COTR or designee will evaluate the service provider?s performance by conducting site visits to assess the facility and detainee health and welfare conditions, reviewing documentation, and interviewing the service provider?s personnel and/or detainees. NOTE: For day-to-day activities, the Government will conduct its surveillance using the worksheets created for this purpose, along with the Contract De?ciency Reports see Attachment B) and the ?Contract Performance Monitoring Tool? set forth in Attachment C. Where standards are referenced for annual review purposes, the ?Monitoring Instruments? and ?Veri?cation Sources? identi?ed in the standard will be used. 4.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted de?ciencies are effectively addressed and corrected as quickly as possible. All Government facilities will have an on-site COTR designee. Routine reviews may involve direct observation of the service provider personnel performing tasks, interacting with detainees and other staff members, and/or reviewing documentation that demonstrates compliance with the DRO standards. On-site inspections may be performed by the ICE COTR or by other parties designated as representatives of ICE. Inspections may be planned annual inspections and the regularly scheduled inspections identi?ed in Attachment C) or ad?hoc. 4.2 Ad-Hoc: These inspections are unscheduled and will be conducted as a result of special interests or unexpected conditions arising from routine monitoring of the service provider?s QCP, an unusual pertaining to the agreement, or other ICE concerns. These inspections may also be used as a follow-up to a previous inspection. Inspection ?ndings will be provided to the service provider as appropriate. When visiting a site, either the COTR or a designated third party may conduct their own inspections of service provider performance activities, or accompany the service provider?s designated Quality Control Inspector (QCI) on scheduled inspections. The COTR may also immediately inspect the same area as soon as the QCI has completed the 125 MARCH 2015 Vi quality control inspection to determine if any surveillance areas were overlooked. The COTR may also inspect an area prior to the QCI and compare results. The COTR will record all ?ndings; certain de?ciencies noted will be provided in writing and must be corrected within a reasonable amount of time (see Attachment B). I 4.3 Review of Documentation: The service provider must develop and maintain all documentation as prescribed in the performance standards post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the service provider must also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COTR will review both forms of documentation to af?rm that the facility conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the service provider?s documentation, the Government may review 100 percent of the documents, or a representative sample. Documentation may be reviewed during a site visit, or. at periodic points throughout the period of performance. 4.4 Interviews and Other Feedback: The COTR will interview key members of the service provider?s staff, detainees, and other Government personnel to ascertain current practices and the extent of compliance with the performance standards. 5. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas corresponding to the requirements in the Performance Work Statement (PWS). Each functional area represents a proportionate share weight) of the invoice amount payable to the service provider based on meeting the performance standards. Payment withholdings will be based on these percentages and weights applied to the overall invoice. ICE may, consistent with the sc0pe the agreement, unilaterally change the functional areas and associated standards af?liated with a speci?c functional area; The Contracting Of?cer will notify the service provider at least 30 calendar days in advance of implementation of the new standard(s). If the service provider is not provided with the noti?cation, adjustment to the new standard must be made within 30 calendar days after noti?cation. If any change affects pricing, the service provider may submit a request for equitable price adjustment in accordance with the ?Changes? clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without advance notice to the service provider, so long as the standards are not more stringent than those being replaced, unless agreed upon by the parties. 6. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the service provider to receive full payment as identi?ed in the agreement. The Contracting 126 MARCH 2015 Officer may take deductions against the invoices for unsatisfactory performance documented through surveillance of the service provider?s activities gained through site inspections, reviews of documentation?ncluding QCP reports), interviews, and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard: Rating Description Acceptable Based on the measures, the performance standard is demonstrated. Based on the measures, compliance with most of the attributes of the performance standard is demonstrated/observed with some area(s) f1 . . . . Clem needmg improvement. There are no crltical areas of unacceptable performance Ba'sed on the performance measures, the majority of a performance standard?s attributes are not met. Using the above standards as a guide, the Contracting Officer will implement adjustments to the service provider?s invoice as prescribed in Attachment A. Rather than withholding funds until a de?ciency is corrected, there may be times when an event or a de?ciency is so egregious that the Government deducts (vs. ?withholds?) amounts from the service provider?s invoice. This may happen when an event occurs, such as an escape, traf?c accident due to contractor negligence, or sexual abuse, when a particular de?ciency is noted three or more times without correction, or when the service provider has failed to take timely action on a de?ciency about which he/she was properly and timely noti?ed. The amount deducted will be consistent with the relative weight of the functional performance area where the de?ciency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the de?ciency, or made substantial progress in the correction. Further, a de?ciency found in one functional area may tie into another. If a detainee escaped, for example, a de?ciency would be noted in ?Security and Control,? but may also relate to a de?ciency in the area of ?Administration and Management.? 7. NOTIFICATIONS Based on the inspection of the service provider?s performance, the COTR Will docnment instances of de?cient 0r at-risk performance noncompliance With the standard) using the CDR form located at Attachment B. To the extent practicable, issues should be resolved informally, with the COTR and service provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. When a CDR is required to document performance issues, it will be submitted to the service provider with a date when a response is due. Upon receipt of a CDR, the service provider must immediately assess the situation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, 127 MARCH 2015 the service provider must return the CDR with the action planned or taken noted. After the COTR reviews the service provider?s response to the CDR including its plan/remedy, the COTR will either accept plan or correction or reject the correction/plan for revi?ion and provide an explanation. This process should take no more than one week. The service provider should not use the CDR as a substitute for quality control. The COTR and CO, in addition to any other designated ICE of?cial, shall be noti?ed immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances/protests); staff use of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff/detainees resulting in injuries requiring medical attention (does not include . routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; ?res; full or partial lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; central detainee monitoring cases admitted to a community hospital; witness security cases taken outside the facility; signi?cant environmental problems that impact the facility operations; transportation accidents (airlift, bus, etc.) resulting in injuries, death, or property damage; and sexual assaults. Note that in an emergency situation, a CDR may-not be issued until an investigation-has been completed. If the COTR concludes that the de?cient or at-risk performance warrants a withholding or deduction, the COTR must include the complete CDR (with of?cial response from Contractor/service provider) in its report to DRO Headquarters, with a copy to the Contracting Of?cer. The CDR must be accompanied by the investigation report and written recommendation for . any withholding. If contractual action including a Withholding or deduction is appropriate, DRO headquarters will forward the CDR and supporting information to the Contracting Of?cer for action. The Contracting Of?cer will consider the recommendation and forward the CDR along with any relevant supporting information to the service provider in order to con?rm or further discuss the prospective cure, including the Government?s proposed course of action. As described in Section 6 above, portions of the invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken. (6) Following receipt of the. service provider?s noti?cation that the correction has been made, the COTR may re-inspect the facility. Based upon the ?ndings, he/she will recommend that the Contracting Of?cer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as ?nal and release the full amount withheld for that issue. 128 MARCH 2015 If funds have been withheld and either the Government or the service provider terminates the agreement, those funds will not be released. The service provider may only receive withheld payments upon successful correction of an instance of non- compliance. Further, the service provider is not relieved of full performance of the required services hereunder; the agreementmay be terminated upon adequate notice from the Government based upon any one instance, or failure to remedy de?cient performance, even if a deduction was previously taken for any inadequate performance. The COTR will maintain a record of all open and resolved CDRs. 8. DETAINEEIMEMBER OF PUBLIC COMPLAINTS The detainee and the public'sare the ultimate recipients of the services identi?ed in this agreement. Any complaints made known to the COTR will be logged and forwarded to the service provider for remedy. Upon noti?cation, the service provider will be given a pre-speci?ed number of hours after verbal noti?cation from the COTR to address the issue. The service provider will submit documentation to the COTR regarding the aetions taken to remedy the situation. If the complaint is found to be invalid, the service provider "will document its ?ndings and notify the COTR. 9. ATTACHMENTS A Performance Requirements Summary Contract Discrepancy Report Performance Monitoring Tool 129 MARCH 2015 Attachment Performance Requirements Summary PERFORMANCE MARCH 2015 FUNCTIONAL WEIGHT STANDARD (NDS, ICE POLICIES, PWS) PERFORMANCE MEASURE OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDIN CRITERIA Safety (Addresses a safe work environment for staff, volunteers, contractors and detainees) references: 1. 2. 3. Emergency Plans; Environmental Health and Safety; Transportation (by Land). SOW references: 1) 2) 3) 4) Transportation only VIJK: Maintain Institutional Emergency Readiness; VII-J: Control of Chemicals; Evacuation Plans. Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) 0 Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard 0 Periodic reviews in accordance with the attached performance monitoring tool 0 review of corrective action plan results I Ad?hoc reviews as needed - CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of cited and SOW(contract) sections that provide a safe work environment for staff, . volunteers, contractors and detainees, permits the Contract Of?cer to withhold or deduct up to 15% of a invoice until the Contract Officer determines there is full compliance with the standard or section. Security (Addresses protect the community, staff, contractors, volunteers, and detainees from harm) references: Admission and Release; Classi?cation System; Contraband; Facility Security and Control; Funds and Personal Property; Hold Rooms in Detention Facilities; Key and Lock Control; Population Counts; Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of I Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard 0 Periodic reviews in accordance with the attached performance monitoring tool Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Repe.? that cites violations of and SOW(contract) sections that protect the community, staff, contractors, volunteers, and detainees from harm, permits the Contract Of?cer to withhold or deduct up to 20% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. at facility using Detention 130 MARCH 2015 FUNCTIONAL WEIGHT PERFORMANCE STANDARD (NDS, ICE POLICIES, PWS) PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDIN CRITERIA 9) 10) 11) 12) 13) 14) 15) Post Orders; Searches of Detainees; Sexual Abuse and Assault Prevention and Intervention; Special Management Units; Staff-Detainee Communication; Tool Control; Use of Force and Restraints. SOW References10) 11) 12) 13) 14) VI-B: Manage the Receiving and Discharge of Detainees; VIHC: Manage and Account for Detainee Assets (funds, property? VI-D: Securely Operate the Facility; VI-E: Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault; VI-H: Maintain Detainee Accountability; Provide Security Inspection System; Security and Control (General); VII-B: Unauthorized Access; VII-C: Direct Supervision of Detainees; VII-D: Log Books; Records and Reports; VII-F: Detainee Counts; VII-G: Daily Inspections; VII-H: Control of Contraband; Management Control Program (DMCP) procedures and based upOn the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) 0 review of corrective action plan results - Ad-hoc reviews as needed 0 CDRs 1'31 MARCH 2015 FUNCTIONAL WEIGHT PERFORMANCE STANDARD (NDS, ICE POLICIES, PWS) PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHI-IOLDING CRITERIA 15) VII-I: Keys and Access Control Devices;- 16) Post Orders; 17) VII-L: Deviation fr0m Prescribed Schedule Assignments; l8) VII-M: Use of Force Policy; 19) Use of Restraint Policy; 20) VII-Q: Escapes; . 21) XIV: Fireaniis\Body Armor Order (Addresses contractor responsibility to maintain an orderly environment with clear expectations of behavior and systems of accountability) references: 1) Disciplinary System. SOW references: 1) VI-G: Enforce the Detainee Disciplinary System; 2) Detainee Rights, Rules, Discipline, and Privileges. Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) 0 Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard 0 Periodic reviews in accordance with the attached performance monitoring tool 0 review of corrective action plan results 0 Ad-hoc reviews as needed - CDRs Performance ?illy complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of and SOW(contract) sections that maintain an orderly environment with clear expectations of behavior and systems of accountability, permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. Care (Addresses contractor responsibility references: 2) Food Service; . 3) Hunger Strikes; 4) Medical Care; Performance measures are re?ected in the monitoring instrument that accompanies each 0 Annual review of facility using Detention Management Control Performance fully c0mplies with all elements of standard at a level no less than A Contract Discrepancy Report that cites violations of and SOW(contract) sections that provide for the basic needs 132 MARCH 2015 FUNCTIONAL WEIGHT PERFORMANCE STANDARD (NDS, ICE POLICIES, PWS) PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDIN CRITERIA to provide for the basic needs and personal care of detainees) 5) 6) 7) Personal Hygiene; Suicide Prevention and Intervention; Terminal Illness, Advanced Directives, and Death. SOW references10) UN: Housing, Health, and Medical Care Only; Establish and Maintain a Program for Suicide Prevention and Intervention VII-T: Injury, Illness, and Reports; VII-V: Medical Requests; Emergency Medical Evacuation; VII-X: Detainee Death or Injury; Sanitation and Hygienic Living Conditions; X: Health Services; XI: Food Services; Manage Detainee Clothing, Linens, and Bedding. standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility, using Detention Management Control Program (DMCP) procedures arin based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) Program (DMCP) procedures and based upon the performance standard 0 Periodic reviews in accordance with the attached performance monitoring tool 0 review of corrective action plan results 0 Admhoc reviews as needed 0 CDRs acceptable (see Section 6 of the QASP) and personal care of detainees, permits the Contract Officer to withhold or deduct up to 20% of a invoice until the Contract Of?cer determines there is ?ill compliance with the standard or section. Activities (Addresses contractor responsibilities to reduce the negative effects of con?nement) references: 1) CorreSpondence and Other Mail; Escorted Trips for Non- Medical Emergencies; Marriage Requests; Recreation; Religious Practices; Telephone Access; Visitation; Voluntary Work Program. Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention 0 Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance stande 0 Periodic reviews in accordance with the attached performance monitoring tool Performance fully complies with all elements of standard at a level no less than acceptable? (see Section 6 of the QASP) A Contract Discrepancy Repa that cites violations of and SOW(contract) sections that reduce the negative effects of con?nement, permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. 133 FUNCTIONAL WEIGHT PERFORMANCE STANDARD (NDS, ICE POLICIES, PWS) PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDIN CRITERIA MARCH 901 0030250 SOW references: 1) IX- Work Program; 2) XII-B: Manage Multi? Denominational Religious Service Program; 3) Provide for a Detainee Recreation Program; 4) Manage and Maintain a Detainee Telephone System. Manage a Detainee Management Centre] Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) 0 review of corrective action plan results I Ad-hoc reviews as needed 4? CDRs ?if Justice (Addresses contractor responsibilities to treat detainees fairly and respect their legal rights references: 1) Detainee Handbook; 2) Grievance System; 3) Law Libraries and Legal Materials; 4) Legal Rights Group Presentations. SOW references: 1) Law Library. Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR I Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard 0 Periodic reviews in accordance with the attached performance monitoring tool 0 review of corrective action plan results I Ad-hoc reviews as needed 0 CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of and SOW sections that treat detainees fairly and respect their legal rights, permits the Contract Of?cer to withhold or deduct up to 15% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. Administration and Management (Addresses contractor responsibilities to administer and manage the facility in a professional and responsible manner consistent with legal requirements) references: 1) Detention Files; 2) News Media Interviews and Tours; 3) Staff Training; 4) Transfer of Detainees; 5) Definitions. Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the 0 Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of and SOW sections that require the service provider to administer and manage the facility in a professional and responsible manner consistent with legal requirements, 134 WEIGHT STANDARD ?1%ng MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA MARCH 201 SOW references: COTR 0 Periodic reviews in permits the Contract Officer to 1) I: Introduction; accordance with the withhold or deduct up to 10% 2) II: General Requirements attached performance of a invoice until the (except division monitoring tool Contract Of?cer determines 3) 1111 Personnel; review of there is full compliance with 4) IV: Background and corrective action plan the standard or section. Clearance Procedures; results 5) V3 Training; Ad-hoc reviews as 6) Manage Information needed System for Collecting, Retrieving, I . CDRS Storing and Reporting 4" Detainee Information; 7) VI-I: Collect and Disseminate Intelligence Information; 8) Manage Computer Equipment and Services in Accordance with all Operational Security Requirements; 9) VII-O: Intelligence Information; 10) VII-P: Lost and Found; 11) Protection of Employees; 12) XII-D: Manage and Maintain a Commissary; 13) XII-G: Physical Plant; 14) Property Accountability. 135 . . Attachment - Contract Discrepancy Report CONTRACT DISCREPAN CY REPORT 1. CONTRACT NUMBER Report Number: Date: 2. TO: (Contractor and Manager Name) 3. FROM: (Name of COTR) DATES CONTRACTOR NOTEFICATION I CONTRACTOR RESPONSE DUE BY RETURNED BY CONTRACTOR COMPLETE 4. DISCREPANCY OR PROBLEM mescribe in Detail: Include re?zrence in Directive: Attach confirmation sheet if necessary.) 5. SIGNATURE OF CONTRACTING TECHNICAL REPRESENTATIVE (COTR) 6. T0: (COTR) 7. FROM: (Contractor) 8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTEON AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IF NECESSARY. (Cite applicable QA. program procedures or new A. W. procedures.) 9. SIGNATURE OF CONTRACTOR REPRESENTATIVE 10. DATE 11. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSEJRESOLUTION PLAN: (Acceptable response/plan, partial acceptance ofresponsefplan, rejection: attach continuation sheet if necessary) 12. GOVERNMENT ACTIONS (Payment withholding, cure notice. Show cause, other.) CLOSE OUT SIGNATURE DATE CONTRACTOR NOTIFIED NAME AND TITLE COTR CONTRACTING OFFICER MARCH 2015 136 MARCH 2015 Attachment Performance Monitoring Tool US. Immigration Detention and Removal Operations and Customs Performance Monitoring Tool ?Facility Name: I Month/Year: DETENTION STANDARD 1. 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