Page 1 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF ILLINOIS 4 EASTERN DIVISION 5 - - - - - - - - - - - - - - - - ) 6 NATIONAL IMMIGRANT JUSTICE ) Case No.: 7 CENTER, ) 1:12-cv-5358 8 9 Plaintiff, ) vs. ) 10 UNITED STATES DEPARTMENT OF ) 11 HOMELAND SECURITY, and UNITED ) 12 STATES IMMIGRATION AND CUSTOMS ) 13 ENFORCEMENT, ) 14 15 Defendants. ) - - - - - - - - - - - - - - - - ) 16 17 18 30(b)(6) DEPOSITION OF JERALD NEVELEFF 19 Washington, DC 20 Wednesday, January 29, 2014 21 22 23 Reported by: 24 Kim M. Brantley, CSR 25 Job No: 70294 TSG Reporting - Worldwide 877-702-9580 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 NEVELEFF 1 2 3 4 January 29, 2014 5 Time: 9:05 a.m. 6 7 8 30(b)(6) Deposition of JERALD NEVELEFF, held 9 at Dentons US, LLP, 1301 K Street, NW, Suite 600, 10 Washington, DC, before Kim M. Brantley, Court 11 Reporter and Notary Public of the District of 12 Columbia. 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF APPEARANCES: On behalf of the Plaintiff: ERIC ANDALMAN, ESQUIRE Dentons 233 South Wacker Drive Chicago, Illinois 60606 On behalf of the Defendants: CRAIG OSWALD, ESQUIRE Assistant United States Attorney Department of Homeland Security 219 Dearborn Street Chicago, Illinois 60604 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF ALSO PRESENT: CLAUDIA VALENZUELA, ESQUIRE National Immigrant Justice Center DEBBIE SEQUIN, ESQUIRE Chief - Government Information Law Division U.S. Immigration & Customs Enforcement (ICE) CHARLES OLEAN, ESQUIRE U.S. Immigration & Customs Enforcement (ICE) Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF P R O C E E D I N G S J E R A L D N E V E L E F F, called as a witness by Counsel for the Plaintiff, and, after having first been duly sworn by the Notary Public, was examined and testified as follows: EXAMINATION BY COUNSEL FOR THE PLAINTIFF: BY MR. ANDALMAN: Q. Would you state your name for the record? A. Jerald Howard Neveleff. Q. Where do you currently live? A. . Q. Have you been deposed before? A. No. Q. Well, I'm going to do a couple minutes on explaining the ground rules of what the deposition is. If you have any questions about it, you know, I'm assuming you can speak with your counsel about that. This is a question, answer format. Do you understand that? A. Yes. Q. And you will answer the questions 2 (Pages 2 to 5) TSG Reporting - Worldwide 877-702-9580 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF verbally. Do you understand that? A. Yes. Q. When your counsel objects to one of my questions, please wait 'till he states the objection and then answer the question, unless you are instructed otherwise. Do you understand that? A. Yes. Q. If you don't understand a question, please tell me and I'll either restate or rephrase it. Is that clear? A. Yes. Q. If you don't hear a question, please tell me and I'll repeat. A. Yes. Q. If you find a question confusing, please tell me and I will rephrase it. Okay? A. Yes. Q. Is there anything today that would interfere with you giving true and reasonable testimony, fair testimony? A. No. Q. Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. . Q. If you need a break -A. . Q. A. Q. A. Q. A. Q. Absolutely. We have to ask that question. A. That's okay. Q. If you need a break for any reason, just tell me, but please don't do it while a question is pending. Just answer the question and then you could take a break. A. Okay. Q. Did you prepare for your testimony today? A. Yes. Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. How did you prepare for your testimony today? A. Meeting with Mr. Oswald yesterday, going through the information. Q. Did you meet with anyone else? A. Mr. Olean, as well, from ICE. Q. Is Mr. Olean an attorney? A. Yes. Q. Did you meet with anyone else? A. No. Q. Did you review documents in preparation for today's deposition? A. Yes. Q. What documents did you review? A. I reviewed a letter that Mr. Oswald sent back in October. Q. Did you review any other documents? A. I would say we went over an Excel spreadsheet that I submitted in response to information. Q. Do you know if that Excel spreadsheet has been produced in this matter? A. It was provided to me. Q. Maybe I'm a little unclear. You said Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF that you created this Excel spreadsheet? A. The original Excel spreadsheet was provided to me and I tailored it to respond to the questions, for the information I was requested to provide. Q. Who provided you that Excel spreadsheet? A. Mr. Olean. Q. When did he do that? A. November somewhere between the 19th and Thanksgiving. Q. So towards the middle to the end of November. A. That's right. Q. And then you edited it for purposes of this deposition I imagine, correct? A. I modified it -Q. You modified it. A. -- to be able to respond to the request for information that was listed for this deposition. Q. Why did the document need to be modified? A. We have areas of responsibility for who 3 (Pages 6 to 9) TSG Reporting - Worldwide 877-702-9580 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF provides information and had to sort it by that way so that the proper people could provide the information requested. Q. When you say areas of responsibility, was that -- what do you mean by that? A. Certain people are responsible to provide information -- or excuse me, responsible for certain detention facilities. Q. Okay. A. And therefore I had to go to those people that had cognizance over that detention center to get the information requested. Q. When you say certain people responsible for a detention facility, is that the heads of detention facilities, or is it another position? A. No, other contracting offices. Q. When you say "contracting offices," is that third parties and not affiliated with the government, or are they internal to the government? A. They are Offices of Acquisition Management that I work with. They're government people. MR. ANDALMAN: Craig, to the extent Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF that this is not work product, we're going to ask for the production of this document. MR. OSWALD: I mean, I don't -MR. ANDALMAN: I mean, it doesn't have to be today, but in general, to the extent that it's not covered by a privilege or work product, we would ask for the production of it. MR. OSWALD: It's a list. MR. ANDALMAN: I'll ask him. BY MR. ANDALMAN: Q. So, other than the Excel spreadsheet that Mr. Olean provided you and the letter that Mr. Oswald drafted and provided you, did you review any other documents? A. In preparation for today? Q. Correct. A. No. Q. Did you bring any documents with you today? A. No. Q. Have you discussed this deposition with anyone other than Mr. Olean and Mr. Oswald? A. I informed my supervisors that I was Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF providing them at the deposition today. Q. Who are your supervisors? A. Thomas Thompson. Q. Love that name. A. Yes. He's my next level up. Q. Okay, and what is his title? A. He is the assistant director for Information Technology Development -- or excuse me, --Architecture and Development. Q. Information Technology Development you said -A. Architecture and Development. Q. Architecture and Development. A. ITAD. Q. And you said there was another supervisor? A. I informed the head of the contracting activity, Mr. J. William Weinberg, that I'd be providing the deposition. Q. Did you discuss anything substantively with them? A. No. Q. Did you discuss what topics were going to be discussed at the deposition? Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. No. I don't know what topics were being discussed -- well, exactly discussed. Q. Mr. Neveleff, you stated earlier that you prepared for this deposition, correct? A. I met with Mr. Oswald and Mr. Olean yesterday. Yes, there is a list of questions, but I don't know exactly what you are going to ask. Q. Understood, got you, makes sense. I just wanted to clarify that. A. Yes. Q. I assume when you say the "topics" you're referring to the 30(b)(6) notice. Is that correct? A. Is that the list of questions -Q. Yes. Let me strike that. When you say that you prepared for this deposition, were you notified that there were certain subject areas that you were responsible for knowing information about? A. Yes. Q. That's what I wanted to understand. A. Yes. Q. Did you tell Mr. Thompson what subject 4 (Pages 10 to 13) TSG Reporting - Worldwide 877-702-9580 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF areas that you were going to speak about today? A. I don't believe so. Q. Did you tell Mr. Williams? Is that correct? A. William Weinberg. Q. William Weinberg. Did you tell Mr. William Weinberg about that? A. I don't think so. Q. Did you discuss this deposition with anybody else? A. No. Q. In the context of discussing this deposition with Mr. Thompson and Mr. William Weinberg, it was to perhaps ask for time off, or something else? A. No, just to inform them that I'm representing the organization in a deposition. Q. Did you have to get some sort of clearance for doing that? A. Not from them. Q. Who did you have to get clearance from? A. I would have to differ that to my attorney -Q. Okay. Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. -- for them to say who gave authorization, the person. Q. So you don't know who gave you authorization? A. I work with the attorneys. Q. Alright, I'm going to ask a few questions about your educational background -A. Okay. Q. -- and some of the other stuff. Where did you graduate high school? A. Q. A. Q. A. Q. A. . . Q. Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Q. A. Q. A. Q. A. Q. A. Q. A. . . Q. A. Q. . Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Q. A. Q. . . A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. 5 (Pages 14 to 17) TSG Reporting - Worldwide 877-702-9580 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. A. Q. A. . Q. . A. Q. . A. Q. A. Q. A. Q. . . Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Q. A. Q. A. Q. A. Q. A. Q. A. Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 Page 21 NEVELEFF A. . . Q. A. . Q. A. Q. A. Q. A. Q. . A. 6 (Pages 18 to 21) TSG Reporting - Worldwide 877-702-9580 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. Q. . . . A. Q. Page 23 . A. Q. NEVELEFF A. Q. A. Q. A. . Q. A. Q. . A. Q. A. Q. A. . Q. Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. . Q. A. Q. A. Q. A. . . . Q. A. Q. Where did you go from there? A. Immigration Customs Enforcement. Q. Okay. A. Where I presently am. Q. What was your first position at Immigration Customs Enforcement? A. I was -- oh, man, special assistant. Q. How long did you have that position? A. Let's see. July of '07 I want to say Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF until February, March of '08. Q. What was your primary responsibilities as a special assistant? A. I was responsible for the ICE's Family Detention Center and contracts related to them. Q. How did the Family Detention Centers vary from other detention centers? A. For the details I'd have to differ to the operations people. That's not a contracting question. Q. Let me strike that. That wasn't that clear. Are Family Detention Centers for families, or do they differ in any meaningful way from general detention centers? A. Personally, I know. As far as organization I have to defer that to the operations people, how they run it. I do the contracts. They run the contracts. Q. When you say "personally," from your personal experience what is it? A. They're nowhere as restrictive as the other, normal detention centers. 7 (Pages 22 to 25) TSG Reporting - Worldwide 877-702-9580 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF The children that are in detention have education, freedom of movement, those types of things. Q. As a special assistant, did you have any responsibilities with the regular, the non-Family Detention Centers? A. No. Q. In February of '08, where did you go? A. The organization restructured. I became a Deputy Assistant Director for Detention Management, and I was cognizant for all the Intergovernmental Service Agreements throughout the country. Q. When you say "cognizant," what do you mean? A. At that time I was responsible for all the Intergovernmental Service Agreements, with the exception of a few, that Laguna office would handle. I handled the contract administration type of efforts for those. Q. Do you remember the few that their office was responsible for? A. Not offhand. Q. When you say you were responsible for Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF those facilities outside the ones that the Laguna office was responsible for, what do you mean that you were responsible for them? A. If there was a contracting issue, it was mine to deal with. Q. When you say it was yours to deal with, does that mean that you promulgated the contract, or that you made sure that it was executed, or what does that mean? A. During that time there would be some new agreements awarded. There would be some that already existed that may have had performance issues that I had, you know, to enforce the contract. There were some that we just did administration, such as adjusting the bed-day rate, those types of things, post-award administration. Q. How long were you in this position? A. I don't know the exact date. We restructured again I want to say effective October 1st, 2009. Q. Did you get a new position in October 2009? Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. We took the organization, added another Deputy Assistant Director, including the Laguna office, and separated the country into four regions. Q. Okay. A. At that time I became the Deputy Assistant Director for the Texas field offices. Q. That was in October of '09? A. I want to say that's when it started. Q. What were your primary responsibilities in that capacity? A. I had a team that was responsible for the contracting actions required or needed for the field offices in Texas. They were our customers. Q. When you say they were responsible, what sort of -A. New procurement, contract administration, renegotiations, working with them on any contractual issues, performance issues. The scope pretty much got narrowed. Q. Okay. A. But that was for all contracts, not just the Intergovernmental Service Agreements. Q. Did this team only handle facilities in Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Texas, or were there other areas? A. Well, Texas field offices, some of them have cognizance -- well, includes Oklahoma and New Mexico. Q. And nowhere else? A. Nowhere else. Q. Okay. A. For those. Q. So they no longer determined things like bed rate or other administrative things? A. Who? Q. In this capacity, were you responsible for administration duties like determining bed rate? A. That's part of the contracting process, yes. Q. How long were you in that position? A. At that point I was there until September of 2012. Q. And in September of 2012, what did you become? A. I was moved to same organization, Office of Acquisition Management, just a different procurement division. At that time it was called 8 (Pages 26 to 29) TSG Reporting - Worldwide 877-702-9580 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Information Technology Services, in the same capacity as a Deputy Assistant Director for contracts. Q. What were your primary responsibilities in that capacity? A. Under the IT procurements for certain segments of ICE fell under me: buying IT. Q. Okay. A. Technology services, those types of things, in support of the ICE mission. Q. Did that include purchasing servers? A. I don't think so. Q. When you say you don't think so, you just don't recall, or you -A. The requirements came in. They were buying certain things for certain operations. Q. Okay. A. I don't believe personally that any of that stuff was servers. Q. When you say certain segments of ICE, what do you mean by that? A. Homeland Security Investigations, the Office of the Chief Information Office -- the Office of the Chief Information Officer. Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. When you say DHS investigation, is that internal or is that -A. That is ICE Homeland Security Investigations. HSI they call it. Q. HSI. And is that of certain aliens, or is that ICE DHS personnel? A. It's in support of their mission. I don't know the details. Q. How long were you in this position? A. The reorganization happened in January, yes, January of 2013. I went to a division called Information Technology Engineering and Security. Q. Okay. A. Deputy Assistant Director for the procurement of services and commodities in support of the OCIO, the Chief Information Officers', engineering and security division. Q. What were your primary responsibilities in regard to that? A. Supervising the services and commodities in support of the Chief Information Officer, those two divisions I just previously mentioned. Q. When you say "services and Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF commodities," what sorts of services and commodities? A. Information security assurance division, IT security. Q. Okay. A. System security. Q. How long did you stay in this capacity? A. 'Till June 3rd of 2013. Q. Where did you go from there? A. I went back to the Detention Management Division to be a Deputy Assistant Director for the Texas field office and the Acting Assistant Director. Q. Okay. A. For Detention Management, DC. Q. Acting Assistant Manager, you said? A. Assistant Director. Q. Director. Is this your current position? A. No. Q. How long were you in this position? A. January 13th of 2014 I was moved back to Information Technology Architecture and Development, as a Deputy Assistant Director. Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF That's where I am now. Q. For the last couple weeks? A. Yes. Q. As the Assistant Director, the position you had from June 13th to January 14th -- sorry, January of; 14, what were your primary responsibilities? A. I performed duties as a first-level supervisor for the team responsible for the field offices in Texas, and I was also acting as a second-level supervisor for two other teams that had cognizance of the field offices that are not under Laguna. Q. What were the other teams? A. One was called the northeast team. Q. Okay. A. And the other one was called the southeast team, which covered Maine to the Dakotas, down to Florida, including Guantanamo Bay in Puerto Rico, pretty much over to, oh, gosh, whatever straight line from New Mexico all the way upwards. Q. A pretty large portion of the country? A. Correct. 9 (Pages 30 to 33) TSG Reporting - Worldwide 877-702-9580 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. When you said you assisted the other teams, what did you specifically do? A. I was the assistant direct for those other teams. Q. Okay. A. I was second-level supervisor. Q. And then on January 13th of this year you moved to be the Deputy Assistant Director of Information Technology Architecture and Development? A. Correct. Q. What are your responsibilities in that capacity? A. I'm still determining that, to be honest with you. Actually I'm performing as a Deputy Assistant Director for a team of eight. Q. Okay. A. For procurement of IT items, services in support of the ICE mission. Q. When you say the "ICE mission"... A. Correct. Q. What do you mean by that? A. I don't know exactly what's being bought right now for who and where. Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Um-hmm. A. It's all just in support of the ICE mission. Everything we do supports ICE mission. Q. So you don't personally decide what is bought. You review and procure the contracts. Is that correct? A. The operational people provide me they're requirements and I go forth and solicit, procure, market research, see what's out there. Q. So price quotes and viability and things like that? A. And technical capabilities. Q. Okay. A. The statements. Q. Then you work for the Office of Acquisition Management. Is that correct? A. Correct. Q. What is the Office of Acquisition Management? A. We are the contracting shop for ICE. Q. Again, as the contracting shop of ICE, you don't make the substantive decisions of what's purchased; you do those other things that you just mentioned? Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Correct. Q. You said that you had eight direct reports. Is that correct? A. Correct. Q. Who are those people? A. They are contracting officers and contracting specialists and contracting interns. Q. What's the role of a contracting officer? A. Contracting officer is a person with the authority to bind the government with signature authority to a certain level. Q. And a contract specialist? A. They do a lot of the work. They just don't have the authority to sign and execute on behalf of the government. Q. When you say "a lot of the work," what do you mean? A. They prepare documents, solicit requirements, market research, prepare the award documents, work with source selection teams, those types of things. Q. And then the contract interns, what are they? Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. They are DHS interns that are pretty much junior contract specialists just starting out. Q. Are they students or are they graduates? A. They're not students. Q. They're not students. A. I don't believe they're students. Q. Okay. A. That program is controlled right now by DHS. Q. Who do you report to? A. I report to Thomas Thompson. Q. Any other reports? A. He's my first-level supervisor. Q. Is there anyone that you report to above him? A. Not without going through him first, no. Q. What are your current responsibilities? A. I am the supervisor of the team that does procurements in support of the IT side. Again, as I explained, I'm trying to still define exactly what is under my cognizance. 10 (Pages 34 to 37) TSG Reporting - Worldwide 877-702-9580 Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. ANDALMAN: Let's take a quick break. (Whereupon a recess was taken.) BY MR. ANDALMAN: Q. One further background question that I wanted to ask... We spoke a little bit about the Office of Acquisition Management. You remember five minutes ago when I did that, correct? A. Yes. Q. Yes, we did. Does the Office of Acquisition Management interact at all with other divisions or other offices? A. Such as the customers? Q. No. Other government offices. A. On occasions we do. Q. Specifically does it at all interact with units that do audits and inspections? A. I can't answer that one. For contracting I can't answer that. Are you talking about EROs, Office of Audits and Inspections? Q. Yes. Is there any interaction between -- Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. On occasion there are. Q. What occasions would there be? A. They would inquire about certain terms of conditions of the contracts, to make sure they had the most current version, and we would provide it to them. Q. Are there any other occasions that they would interact? A. I'm sure there are. Q. What is another occasion. A. If we have a meeting, we may interact with them when it comes to something, contract versus what's required, you know, under the detention center to conform to. Q. Are there any other occasions that they would interact? A. I really can't think of any specific. If you give me some examples, I might be able to answer. Q. Did they interact at all with regards to ratings for procurements or modifications? A. They may provide us input, as far as the technical requirement. Ratings as far as? Q. Facility or detention facility ratings. Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Developing the ratings? Q. Let me restate it clearly. I'm not asking a good question. Does OAM, Office of Acquisition Management, interact with the folks that do audits and inspections with regard to ratings of the various procurements? A. OAM is not Office of Acquisition Management. Q. What is OAM? A. OAM is Office of Asset Management. They have a different name now. I don't recall what it is. Q. Okay. A. My division is OAQ. Q. OAQ, okay. A. Okay. Q. OAQ. Does OAQ, the Office of Acquisition Management, interact at all with ERO regarding audits and inspections of detention facilities? A. I'm trying to understand what you mean "interact". Help with the audits and inspections? Q. We'll go with that, yes. Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. No. Q. How do they interact? A. If they need to find out a certain term and condition of the contract, so before they do their reviews, they ask for a copy of that requirement. Q. Is there any other way that Office of Acquisition Management assists in the ratings? A. I don't believe so. Q. Let's move forward. Have you ever been involved in any litigation before? A. Yes. Q. When was that? A. I want to say October 2011, and I can't remember the date it was dismissed for me. Q. Is that the only litigation that you have been involved with? A. In the Office of Acquisition Management? Q. In general. Let's break it down, I guess. In a professional capacity. A. It's the only one I'm aware of. Q. We're not suing you here, so you don't have to worry about that. 11 (Pages 38 to 41) TSG Reporting - Worldwide 877-702-9580 Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF So, what was the nature of that litigation? A. ACLU was suing me, not because of my name, but because of my capacity of a contracting officer because of an incident that happened at one of the detention centers. Q. Which detention center was it? A. That would be the T. Don Hutto Detention Center -- or excuse me, Residential Center -- I don't know what they call it now. That used to be the family facility that became a women-only facility. Q. What was the incident? A. One of the transportation guards was -I don't know how they called it in the suit, soliciting the females that were going to the airport I want to say. Q. Okay. A. That was the type of incident. You're nodding your head like you know. Q. No, no, no, no -- "Orange is the New Black". So sexual harassment we could call it? A. I believe so. Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. And you said that that suit was dismissed? A. My part was dismissed I want to say some time in -- I don't know the specific dates, but it took a long time. Q. What was alleged against you? A. I want to say dereliction of duty, failure to monitor the contract type of thing. Q. Is monitoring the contract one of your responsibilities? A. We assign contracting officer representatives to do the monitoring of the facility's performance against a contract, and therefore they report back to the contracting officer, or to myself at the time. Q. So those who monitor the contract would be under your purview, correct? A. They don't actually work for me. Q. Okay. A. They're assigned a collateral duty as a contract officers representative. Q. I believe you said that you were being accused of dereliction of duty for failure to monitor the performance of the contract, and you Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF said -- is that correct? A. I believe that's part of it. I don't know the exact details. Q. And you said that there is a portion that assesses or evaluates how effective the contract is being executed. Is that correct? MR. OSWALD: Objection, confusing. You can go ahead and answer. THE WITNESS: The contracting officer monitors the facility's performance against the contract, okay. It doesn't have anything to do with ratings. If they fail to perform to a requirement of the contract, then they report back to me. BY MR. ANDALMAN: Q. You suggested that you were involved with other litigation. Is that correct? A. I don't think I am. I really don't. Q. In a personal capacity? A. I don't think I've ever been. Q. Have you ever been charged criminally for anything? Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Not to my knowledge. Q. Are you familiar with the current action, National Immigrant Justice Center vs. United States Department of Homeland Security? A. Just to the part that pertains to me gathering information. Q. What specifically do you know about this litigation? A. I don't know a lot. I personally, you know, understand that it was something in response to a FOIA in the past. That's all I know. Q. Do you know what the FOIA pertains to? A. No. Q. So no one explained to you what the underlying FOIA request was about? A. No, not to my knowledge. Q. Are you generally familiar with the Freedom of Information Act? A. Yes. Q. What do you know about that? A. There are certain things that are available to be disclosed and there is a process where people can request it, information, and receive the information. 12 (Pages 42 to 45) TSG Reporting - Worldwide 877-702-9580 Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Have you personally handled freedom of information requests before? A. Requests for data; not directly to me, but as a result of the process, yes. Q. How many of those have you done, requests for data? A. Over what period of time? Q. Let's say in the last five years. A. I don't have an exact figure. Q. Ballpark? A. Yellowstone Park. Twenty, thirty. Q. Twenty to thirty, okay. A. Maybe more. Q. Are these specific freedom of information requests? A. I've handled a lot of data calls, data requests. As far as are they responsive for FOIA or are they responsive to a congressional, are they responsive to something else, I couldn't tell you. Q. So you don't know at any given time what the nature of the request is when you are doing a data request? A. I may not know who is the -- well, if I Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF get a FOIA request, I know it's a FOIA, to be honest with you. Q. Okay. A. Because we have a form to fill out that tells how much of our time is spent on collecting that information. Q. How many FOIA requests would you say you have done over the last five years? MR. OSWALD: Objection, asked and answered. You can go ahead and answer. THE WITNESS: I'd say more than twenty. BY MR. ANDALMAN: Q. When you have been involved personally with FOIA requests, what specifically have you done? A. I would gather the information requested in the FOIA request. Q. When you say gathering information, what specifically are you doing? A. If the FOIA asks for something, I get that information in response to the FOIA. There is no standard -- whatever is requested in the FOIA is what's gathered, provided we have it. Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. So are you physically pulling the documents, if it's a document that is requested? A. Yes. Q. Have you ever been involved in any litigation involving FOIA requests? A. No. Q. You stated that the way that you know that if something is a FOIA request is by how you have to fill out your time, correct? A. I fill out a form that says at what level -As an example, the form has "clerical, managerial, middle grade". There are certain rates associated with the time we use to pull the data. Q. Does someone contact you and say, "You're going to get a FOIA request," or what is the procedure in that? A. Typically we receive it from somebody within OAQ. That is our point of contract for FOIA requests. Q. Is there a specific position at OAQ that is a point of contact? A. It's somebody in our acquisition policy Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF group. Q. Aside from your preparation for this deposition, were you in any way involved with the gathering of documents for this FOIA request? A. Yes. Q. How so? A. I gathered the information, as -Q. When you say -- oh, sorry. A. No, just as requested. Q. When you say you gathered the information, what did you specifically do? MR. OSWALD: Objection. This is a 30(b)(6) deposition. It is not calling upon his personal knowledge, but you can go ahead and answer the question. Any answer he gives is going to be based on his personal knowledge and not on the organization's knowledge. You can go ahead and answer. THE WITNESS: We gathered copies of agreements, contracts that we maintained, and any modifications to those documents. BY MR. ANDALMAN: Q. When you went to gather these 13 (Pages 46 to 49) TSG Reporting - Worldwide 877-702-9580 Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF documents, where would you go to gather them? A. Contract files, files from times when they were pulled before for other reviews or audits. If we already had them, we pulled them. If not I had to scan them in. Q. When you say the contract files, are these electronic files? A. They're paper. Q. Paper files. A. There may be some of them filed electronically, or parts of them electronically, but we have the paper files. Q. Is there a file cabinet? A. Several. Q. How is that file cabinet organized? A. Right now -- excuse me, I can't speak for right now since I'm no longer in that division. When I was there it was organized by team, procurement team. We have a northeast, southeast Texas. They had they're files in those cabinets that they had access to. The teams may have had them on their Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF desks if they were working on them, and pretty much organized by the contract specialist's responsibility. Q. When you mean contract specialist, is that by the name of the contract specialist? A. If specialist A is responsible for five agreements they would be stored in the same area, so the specialist knows where they are. Well, excuse me, I can only speak for the Texas team. I can't speak for the other teams, how they maintain their records. They are filed by name. Each first-level supervisor has the responsibility to organize their files as they see fit. Q. So there was no standard protocol for organizing the files? MR. OSWALD: Objection, mischaracterizes the testimony. You can go ahead and answer the question. THE WITNESS: Not to my knowledge, no. BY MR. ANDALMAN: Q. When was the first time that you began gathering data for this FOIA request? Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. OSWALD: Objection. Again, this is a 30(b)(6) witness you're calling on for personal knowledge. Any information he gives is going to be based on his personal knowledge and not of that of the organization. MR. ANDALMAN: And, Craig, for any sort of objections like that, we can just have a standing objection. MR. OSWALD: If we could continue that, that's fine. You can go ahead and answer. THE WITNESS: I became aware of the situation mid November of 2013. BY MR. ANDALMAN: Q. Understanding Mr. Oswald's standing objection, was it your responsibility to gather contracts only in Texas, out of the Texas field office? A. I personally gathered the information for whatever was on the list for those field offices that were under my cognizance as the acting AD. Q. And you testified earlier, and correct Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF me if I'm wrong, that your cognizance included everything other than Laguna. Is that correct? A. Correct. I did not gather Laguna's. Q. No Laguna. We have kind of touched on this already, but you understand that you are being designated as what's called a 30(b)(6) deponent, correct? A. Correct. Q. What is your understanding of what a 30(b)(6) deponent is? A. I am typically speaking on behalf of the agency, providing answers in the areas that I'm the subject matter expert for. Q. And you understand that you've prepared to give a statement on behalf of that agency, correct? A. Correct. (Notice of 30(b)(6) Deposition was marked Deposition Neveleff Exhibit 1, for identification.) THE WITNESS: May I get my classes? MR. ANDALMAN: Fair enough, go ahead. 14 (Pages 50 to 53) TSG Reporting - Worldwide 877-702-9580 Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF (Brief pause.) BY MR. ANDALMAN: Q. I've handed you what the court reporter marked as Exhibit 1. A. Okay. Q. It says that it's a Notice of 30(b)(6) Deposition, correct? A. Correct. Q. If you could, would you turn to Page Five. A. Okay. Q. Where it says number one, it says, "The facts and circumstances concerning or relating to how government detention contracts are retained in the ordinary course of business," correct? A. Correct. Q. Have you prepared to give testimony on that subject? A. Yes. Q. Do you see where it says Number Two, "The facts and circumstances concerning or relating to the location of government detention contracts"? Do you see where it says that? Page 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Yes. Q. Are you prepared to address this topic on behalf of DHS and ICE? A. Yes. Q. And Number 3 -A. Correction, I can only answer for ICE. Q. Only can answer for ICE. When you say there is a distinction between DHS and ICE -A. I don't know if DHS level has detention contracts. Q. ICE stands for Immigration and Customs Enforcement, correct? A. Correct. Q. Is Immigration and Customs Enforcement under the Department of Homeland Security? A. Yes. Q. So it's part of the Department of Homeland Security? A. Yes. Q. When you say that you don't know if the DHS has contracts of its own, what do you mean by that? A. At the department level, at the DHS level. Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. I'm trying to figure out what that means. What do you mean "at the department level"? A. The DHS is the department. ICE is an agency under that department. Q. So DHS may have contracts that it enters that ICE does not? A. DHS does do contracting at their level. I do not know if they have anything detention related. Q. Topic Number 3, "The facts and circumstances concerning or relating to the level of care exercised, including without limitation security measures taken in connection with retaining government detention contracts in the ordinary course of business". Do you see that? A. Yes. Q. Are you prepared to address this on behalf of Immigration and Customs Enforcement? A. Yes. Q. Are you prepared to address topic Number 3 on behalf of the Department of Homeland Security? Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. I can't address anything outside of Immigration and Customs Enforcement, because I don't know. Q. So you are not prepared to give a statement on behalf of the Department of Homeland Security on Topics Number One, Two and Three? A. I don't understand the question. Q. We spoke earlier about the role of a 30(b)(6) witness, correct? A. Correct. Q. And the role of a 30(b)(6) witness, as you testified, is to give a statement on behalf of an entity, correct? A. Correct. Q. We noticed subject matters. If you look on page Number Five -A. Correct. Q. -- would you read for the record the first paragraph of Subject Matters? A. May I speak to my attorney? Q. Yes, of course you may. MR. ANDALMAN: We can take a break. (Brief recess taken.). MR. OSWALD: I would just like to 15 (Pages 54 to 57) TSG Reporting - Worldwide 877-702-9580 Page 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF clarify something on the record. MR. ANDALMAN: Sure. MR. OSWALD: The FOIA request that was directed here from Marva Lyons was dated April 27 of 2011. It was addressed to the FOIA, Freedom of Information Act office, for Immigration and Customs Enforcement. Immigration and Customs Enforcement does maintain the contracts on the detention centers -MR. ANDALMAN: Craig, Craig, this is something for cross-examination, and this is not an appropriate time to give -- the lawyers can't give testimony right now. MR. OSWALD: I understand that. I'm trying to clarify within the context of the 30(b)(6) deposition, which this individual has been designated. All of the contracts that were at issue in this case are maintained by Immigration and Customs Enforcement, and therefore he's prepared, he's offered up as a witness in the 30(b)(6) context to speak on behalf of all relevant contracts that are at issue in this Page 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF case, and he can speak to that extent. MR. ANDALMAN: Craig, if you look at Exhibit 1, and we don't need to debate the merits of, there are two problems with your line of argument... The first is that the deposition was noticed specifically towards the Department of Homeland Security and Immigration and Customs Enforcement, both units. To the extent that he's not able to speak on behalf of DHS, there is a question as to whether or not the government has satisfied its requirements under 30(b)(6). The second thing is, if you look at Exhibit 1, it discusses any sort of Intergovernmental Service Agreements between ICE and DHS, any state, municipal or county, subject one, if you go through that. DHS is named in four of the five contract related topics, so I don't really see how it's not fair game or not proper under 30(b)(6). MR. OSWALD: I understand that. We're also in a context within this case, as you're Page 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF aware, that we're dealing with a narrow FOIA request. All of the contracts that are issued in this case, this witness is prepared to address the contracts. MR. ANDALMAN: We can address this. MR. OSWALD: He can feel free. I made my statement on the record and we can go ahead from there. MR. ANDALMAN: Fair enough. MR. OSWALD: And we can go ahead from there. MR. ANDALMAN: Let's reapproach these 30(b)(6) questions. And to the extent that there's issues, Craig, we can deal with it offline... MR. OSWALD: I understand. BY MR. ANDALMAN: Q. Going back to Topic Number One, we have read that into the record. Are you prepared to address this topic on behalf of ICE? A. Yes. Q. Are you prepared to address this on behalf of the Department of Homeland Security? Page 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. No. Q. Are you prepared to address Topic Number Two which we have read into the record on behalf of ICE? A. Yes. Q. Are you prepared to address it on behalf of the Department of Homeland Security? A. No. Q. Topic Number Three, which we read into the record, are you prepared to address this topic on behalf of ICE? A. Yes. Q. Are you prepared to address it on behalf of Department of Homeland Security? A. No. Q. Topic Number Seven, "The facts and circumstances concerning or related to the persons and/or entities responsible for maintaining government detention contracts". Are you prepared to address Topic Number Seven on behalf of ICE? A. Yes. Q. Are you prepared to address Topic Number Seven on behalf of DHS? 16 (Pages 58 to 61) TSG Reporting - Worldwide 877-702-9580 Page 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. No. Q. Topic Number 15, are you prepared to testify on behalf of ICE concerning the following topic, "The facts and circumstances concerning or related central repositories, if any, that retained or stored government detention contracts and records of reviews, audits and inspections". A. I can only address the detention contracts portion for ICE. Q. For ICE. You cannot address fifteen with respect to government detention contracts as relates to DHS, correct? A. Correct. Q. And you're not able to address reviews, audits and inspections as it relates to DHS, correct? A. Correct. Q. Topic Number 16, "The facts and circumstances concerning or relating to the media on which government contracts and records of reviews, audits and inspections are stored". Understanding that you're not able to discuss the reviews, audits and inspections, because you haven't been so designated, are you Page 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF able to discuss Topic Number 16 on behalf of ICE? A. Yes. Q. Are you able to discuss Topic Number 16 with respect to DHS? A. No. Q. Number 20, are you prepared to address this topic to the extent it relates to contracts on behalf of ICE, government detention contracts? A. Yes. Q. Are you able to address topic Number 20 with respect to government detention contracts as it relates to DHS? A. No. MR. ANDALMAN: And we have made our objection to that. BY MR. ANDALMAN: Q. Going back to one thing we discussed prior to this, we discussed your role with regard to this FOIA request. Do you have the authority to bind Department of Homeland Security to contracts? A. I have a warrant that allows me to bind on behalf of Immigration Customs and Enforcement. Warrants are specific and issued by the Page 65 Page 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF head of the contracting activity for that organization. It's not like I can go to DHS level and issue contracts. I have to have a separate warrant for that. As an example, at the naval Sea Systems Command, I had a warrant. That warrant is not transferable to ICE or DHS. My warrant allows me to bind on behalf of Immigration Customs Enforcement, not any other DHS component. Q. And ICE has the authority to bind DHS, correct? A. Our contracts bind the government. Q. And specifically the Department of Homeland Security? When you say that you bind the government, what part of the government are you binding? A. I'm signing on behalf of the Immigration Customs Enforcement, okay, but it binds the government. It just so happens to bind the DHS. Q. So you are an authorized agent to bind 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF the Immigration and Customs Enforcement? A. Correct. Q. As part of your responsibilities since 2011, do you deal with government detention contracts? A. The ones under ICE, yes. Q. Under ICE? A. I did. Q. You no longer do that? A. My current role I do not. Q. What did you specifically do in your previous roles regarding government detention contracts? MR. OSWALD: Objection. This calls for personal knowledge and not anything on behalf of the agency or the organization or the 30(b)(6) deposition. You can go ahead and answer the question. THE WITNESS: As my role as the Deputy Assistant Director, I was first-level supervisor for -- you're saying since 2011 while working detention contracts? 17 (Pages 62 to 65) TSG Reporting - Worldwide 877-702-9580 Page 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. Yes. A. Okay, my role was a first-level supervisor for a team of contracting officers, specialists and interns for the Texas field office. Q. Okay. A. For the field offices in Texas. Q. Would you say as a part of your role at Immigration and Customs Enforcement you have general familiarity with the different types of contracts that exist regarding government detention facilities? A. I would -- yes. (Complaint for Declaratory and Injunctive Relief was marked Deposition Neveleff Exhibit 2, for identification.) BY MR. ANDALMAN: Q. I've handed you what has been marked as Exhibit 2, correct? A. Yes. Q. And it states a "Complaint for Declaratory and Injunctive Relieve"? A. Yes. Page 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. If you could turn to Page Nine, on the top it says document one dash one, Page Two of Five. A. Okay. Q. Do you see the line marked Number One? A. Yes. Q. It says, "Intergovernment Service Agreements," correct? A. Intergovernmental Service Agreements. Q. Intergovernmental Service Agreements, correct? A. Right. Q. What are Intergovernmental Service Agreements? A. Intergovernmental Service Agreements are agreements with ICE and local state, city, and recognized Indian tribe entities. Do you need further -Q. Yes? When would an Intergovernmental Service Agreement generally be entered? A. When a requirement comes to the Office of Acquisition Management, a contracting person would contact a facility that has been designated by the requiring activities as needed for Page 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF detention space, and we would work with them to enter into a mutually agreeable agreement. Q. Is it only for detention space, or can it include other things? A. As far as I know, it's only for detention space. The contract is for detention. Q. But even with regards to intergovernmental -- IGSAs, we will call them IGSAs, for short -A. Alright. Q. For IGSAs in the government related context, can they relate to other centers, other than detention space? A. Part of the detention includes there could be a need for ICE office space, in support of detention, if that's what you are trying to ask. Q. Can it refer to things such as books in a library? A. For the detainees? Q. Correct. A. It could, as part of the detention matters. Q. Are you aware of any standards or Page 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF protocols relating to the creation of Intergovernment Service Agreements? A. Standards such as? Q. How they are promulgated. A. Standards as far as an agreement or as far as a requirement? Q. Let me strike that question. Are there any standards relating to the creation of Intergovernment Service Agreements? A. There are processing procedures that are followed to create an IGSA for a contract. Q. Where are those processing procedures located? A. Within the Detention Management Division of the Office of Acquisition Management. Q. Is it literally written in a book? A. It used to be. Q. Where is it now located? A. It no longer exists. There used to be an ICECAP, an Immigration Customs Enforcement Contract Acquisition Policy. Q. What is used today? A. Templates that have been developed over the years. You are talking about the contracts? 18 (Pages 66 to 69) TSG Reporting - Worldwide 877-702-9580 Page 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Correct, the actual contracts. A. Okay. Q. Would it be fair to say that there is no protocol? MR. OSWALD: Objection, mischaracterizes the testimony, and you're also getting into policy areas that are specifically forbidden under the protective order in this case. You can go ahead and answer the question. THE WITNESS: I don't know what you mean by "protocol". BY MR. ANDALMAN: Q. You said earlier that there were processing procedures for the promulgation of these Intergovernment Service Agreements, correct? A. For the creating of templates, yes. Q. Creating the templates. A. Right. Q. What is used now, to create the templates? A. Actually the templates are used to create the agreements: format, content. They are Page 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF tailored to the facility. Q. Are there any processing procedures related to tailoring of the facility? A. No. Q. Where are these templates located? A. Within the Office of Acquisition Management. Q. I guess physically, I mean. A. I guess each specialist may have a copy in their drive. I don't know, Q. So it's all electronic now, though? A. I would not say that. Q. Is a paper form available of these templates? A. I'm guessing they can be. I don't work with those day-to-day any more as a first-level supervisor. Q. Is the processing procedures manual available in paper format? MR. OSWALD: Objection. This goes beyond the scope of the notice of the deposition which doesn't deal with the creation of government contracts, and therefore it's beyond the scope. Page 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF You may go ahead and answer the question. THE WITNESS: I need you to re-ask the question, please. BY MR. ANDALMAN: Q. Sure. You mentioned earlier that there was a process and procedure for creating IGSAs, there used to be at least, right? A. Correct. Q. Is the processing procedure, I'll call it a manual, still around? A. I don't know. Q. Does a copy still exist? A. I don't know. I have not used it. Q. Are these templates stored in any central location? MR. OSWALD: Objection. Continuing objection, beyond the scope of the Notice of Deposition on the subject matters, and it's getting again into the same policy issue. Therefore you can go ahead and answer. MR. ANDALMAN: Craig, generally I'm not going to respond to these objections, but in this instance it clearly relates to Topic One Page 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF or two, and so I think then it's fair game. MR. OSWALD: You can go ahead and answer. THE WITNESS: Templates are stored by and maintained, or at least they were, back when. ICECAP is a Policy document, and therefore when it was ICECAP back then, Policy maintained that document. BY MR. ANDALMAN: Q. When you say "Policy maintained it," is there an office called "Policy"? A. The Office of Acquisition Management, Acquisition Policy group. Q. When you say "back when," what time does that refer to? A. I don't really recall when they did away with ICECAPS. Q. What was ICECAP replaced with? A. I'm not sure they were actually replaced, but we created a document called ICS, I-C-S, which is an Immigration Customs Supplement to the Federal Acquisition Regulations, the Homeland Security Acquisition Regulations Manual, 19 (Pages 70 to 73) TSG Reporting - Worldwide 877-702-9580 Page 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF stuff like that. Q. Where is the ICS, the I-C-S, located? A. Within the Office of Acquisition Management, Acquisition Policy Division, and it's located on the SharePoint. Q. When you say -- SharePoint? A. Yes. Q. What is the SharePoint? A. It is an intranet type of -- I don't know what you call it, where we can view it as it's updated. Q. A shared drive, fair to say? A. It's not part of the share drive. It's something under SharePoint that people can have access to. Q. What sorts of people can have access to it? A. Contracting people and those designated by probably whoever needs to see it, such as customers, stuff like that, so that they understand the contracting process. Q. Is there a specific level of seniority or clearance that you need to have access to the SharePoint? Page 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. I do not know that. Q. Alright, let's go to Number Two. A. Number Two -Q. On Exhibit 2. The document you have in front of you, there is a point labeled Number Two. A. Okay. Q. Do you see that? A. Okay. Q. It says "IGSAs executed any point between 2002 between federal agencies, other than ICE and DHS, including the U.S. Marshals." The question I'm going to ask is, does ICE have access to IGSAs relating to the detention facilities that are executed by the U.S. Marshals? A. We do not have access to their databases. Q. When you say you don't have access to the databases, can you otherwise access the documents of the U.S. Marshals? A. We cannot access anything that's within the Marshals'. Is that what you are asking? Q. Yes. A. As far as they're located in a Page 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF different area, can I get on my computer and access something? No. Q. Let me ask it slightly differently. If ICE wanted to get a document at the U.S. Marshals, as it relates to the detention facilities, would ICE be able to do that? A. Yes. Q. How would ICE go about doing that? A. We would request a copy from the U.S. Marshal. Q. How would that request be submitted? A. Phone call, E-mail. Q. So fairly informal? A. Yes. Q. Is there any documentation of that request? A. If it was sent to an E-mail, there would be. Q. But otherwise there is no requirement that that request would be documented? A. No. Q. What if ICE is a party to a contract that the U.S. Marshals' enters? Would ICE have access to that? Page 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. OSWALD: Objection, vague. MR. ANDALMAN: Thank you. Let me strike that question. BY MR. ANDALMAN: Q. If ICE is a party to a contract that is entered into by the United States Marshals Service, would ICE have a copy of those documents? A. Not necessarily. Q. When would it? A. Excuse me? Q. Under what circumstances would it? A. I don't understand. Q. So you said they would not necessarily have a document. A. Okay, the U.S. Marshals' agreements are controlled and maintained and they're the only ones with the authority to negotiate changes to their agreements. Q. Okay. A. Even though we may be a party to that agreement. The only time we receive anything from them is if there's a change to the terms and conditions of the agreement. 20 (Pages 74 to 77) TSG Reporting - Worldwide 877-702-9580 Page 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. On Topic Number Five, do you see that, point Number Five, and it says Memorandums of Understanding? What do you understand a Memorandum of Understanding to be? A. Personally? I understand it's an agreement between two that would lay out I guess their terms and what they agreed to under the agreement. Q. Is that your -A. On how it's shared, who is responsible for what. Q. When you say "who is responsible for what," what do you mean by that? A. I have not seen an MOU when it comes to detention contracts, so I can't really go into details of what you may be asking for. Q. Do you know if there are any protocols relating to how MOUs or MOAs are entered? A. No. I did not do any MOUs or MOAs. Q. So those would not be stored with the divisions that you've been involved with? A. I don't know where they're stored. Q. There are certain documents that the Page 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF ICE has with private contractors, correct, for detention facilities, correct? A. Probably. I guess if you're calling a contract that -Q. Let me strike that. That was not a good question. Are there any facilities that ICE contracts with that are privately owned and operated? A. Yes. Q. And are you familiar with any, off the top of your head? A. Yes. Q. Which ones? A. There's Houston. Q. Okay. A. South Texas Detention Center. Q. Okay. A. I know those two. I know names of others, but that's about it. Q. Okay. A. I'm not familiar with the details of those contracts. Q. Who runs the Houston office, the Page 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Houston Detention Center? A. As far as having government contracts with? Q. Strike that. What is the private entity that they contract with? A. Corrections Corporations of America. Q. So CCA? A. Correct. Q. And the south Texas one? A. That is the GEO Group, Incorporated. Q. GEO Group. Are there other private entities with which the government contracts for detention facilities? A. Yes. Q. What are those? A. Broward, Elizabeth, San Diego, Denver and Northwest Detention Centers. Q. Are these all run by CCA or GEO? A. As far as I know. Q. We'll go back to that in a minute. Do you see point Number Four on the exhibit you have in front of you? A. Yes. Page 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Are you familiar with CDFs? A. Yes. Q. Are CDFs contract detention facilities? A. Correct. Q. Specifically, please describe them. What is a contract detention facility? A. Those are labeled as FAR-based contracts that ICE has with private companies, contractor-owned, contractor-operated facilities. Q. When you say "FAR-based" what does that mean? A. Federal Acquisition Regulations. They're competed. Q. And the other ones, the contracts with private contractors, those are not competed? Is that correct? A. Excuse me? Q. The ones that we spoke about before, the contracts with private contractors, are those not competed? A. Are you talking about south Texas, Houston? Q. Correct. A. Those are CDFs. 21 (Pages 78 to 81) TSG Reporting - Worldwide 877-702-9580 Page 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Those are CDFs. A. Those are the ones we have direct contracts with private companies. Q. Are there any protocols regarding the promulgation of CDFs? A. They're regulated under Federal Acquisition Regulations. We complete them under FAR-FAR15. Q. Is your office responsible for determining whether to have, for instance, an IGSA or a CDF? A. I do not believe we make that call. Q. Do you know who does make that call? A. No, I don't. Are you talking about a person? Q. Person or office. A. I would say that's ERO. Q. Okay. A. Enforcement Removal Operations makes that recommendation. Q. Now, there's a fifth category perhaps of documents. Are there federally-owned facilities, as well? A. There are federally-owned facilities, Page 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF yes. Q. Do you know any of those, off the top of your head? A. Batavia, Krome, Port Isabel, El Paso, Florence and El Centro. Q. Are there any protocols in determining whether or not a certain facility should be federally owned? A. They are federally-owned facilities. I'm not aware of a determination on whether a facility should be federal or private. Q. In your responsibilities at ICE, have you handled IGSAs? A. Yes. Q. In your responsibilities at ICE, have you handled any Memoranda of Understanding? A. Not that I can recall. Q. In your responsibilities have you dealt with any of these CDFs? A. Yes. Q. Have you dealt with any documents relating to federally-owned detention facilities? A. Yes. Q. What specific documents have you dealt Page 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF with with regards to CDFs? A. Contracts. Q. Okay. A. The procurement or re-procurement, re-competition for that CDF as those contracts end. Q. Okay. A. Modifications to the agreements. Q. With regards to the CDFs, are they standard form contracts with the particular private entity, or are they facility specific? A. The requirements are field-office specific, but they are in standard FAR form. Q. When you say standard FAR form, is there template for that? A. FAR dictates what goes into the schedule under sections A, B, C, D. Q. You said they're field office specific. Does that mean that all facilities that are under the purview of, for instance the Texas field office, have the same contract? A. There are actually four field offices in the state of Texas. Q. So in a specific Texas field office Page 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF they would have the exact same contract with the private entity? A. There are many commonalities. Q. Okay. A. There are also some uniqueness, based upon need. Q. And those are on a case-by-case basis? A. That is whatever the requirements at the field office submits to us say that they want. Q. And you say you handled documents relating to federally-owned detention facilities, correct? A. Correct. Q. What sorts of documents? A. The preparation and soliciting for the guard services to perform -- the detention guards for us at those locations, other contracts to support those facilities, as they are government owned. Q. Did you receive any training with regards to any of these documents? A. As far as what documents? Q. Fair enough, the IGSAs, did you receive any training in connection with IGSAs? 22 (Pages 82 to 85) TSG Reporting - Worldwide 877-702-9580 Page 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. OSWALD: Objection. We're again addressing these questions to him in his personal knowledge, as personal experience, and not in his capacity as a 30(b)(6) witness. But you can feel free to answer. MR. ANDALMAN: I'm laying it as a foundation to understanding what training exists for the maintenance of records. BY MR. ANDALMAN: Q. You may answer. A. I arrived in January of '07. Q. Okay. A. I received no formal training as far as what an IGSA is or how they came about. I was taught by others that were there and was able to, I guess, become knowledgeable in the IGSAs. Q. Okay. A. And moved forward like that. Q. Do you know if any sort of training exists now? A. We still have no training. Q. No training. A. Other than -- but you have to remember Page 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF the principals of FAR apply to IGSAs, as well, even though they're not in the FAR format. Q. Since you haven't handled Memoranda of Understanding, it's fair to assume that you did not get training on Memoranda of Understanding, correct? A. Correct. Q. Did you get any training with regards to CDF contracts? A. Yes. Q. What training did you receive? A. I received the formal training required for any contract specialist through the -- what they call the FAC, F-A-C, dash C requirements. Q. Okay. A. For level one, level two and level three. Q. What is level one, level two, level three? A. Level one, certain pay grades; level two is a little higher pay grades; level three is GS13 and above. Q. Is this training still in existence today? Page 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Yes. Q. Did you receive any training with regards to federally-owned facilities? MR. OSWALD: Objection. Again, we're getting into the personal characteristics of the witness, not in his capacity as a 30(b)(6) witness on behalf of the organization. You can feel free to answer the question. MR. ANDALMAN: Again, I'm laying a foundation for what training exists. THE WITNESS: The training for the contracting of guard services at those government-owned facilities is the same as you would for a CDF. BY MR. ANDALMAN: Q. Is there any other training available? A. There's nothing unique. A. Nothing unique. A. As I'm not contracted for the facilities, I contract for the services. Q. Is there any training regarding the storage or maintenance of these documents? Page 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. There are requirements as far as how long we store documents. Q. Was there any training with regard to those requirements? A. As far as how we had to store them? Yes. Q. What sort of training? A. There is a records management training course or a class that DHS requires us to take. Q. Who is required to take it? A. As far as I know -- I can't speak outside of those under my cognizance. I can't tell you who is required to take what. I just know that my contracting people are required to take it. Q. So speaking on behalf of ICE, you do not know what sort of training is required with regards to storage of these documents, correct? MR. OSWALD: Objection, mischaracterizes the testimony. You can go ahead and answer. THE WITNESS: There is training on how long to store it, what needs to be stored, the levels of security that go with the 23 (Pages 86 to 89) TSG Reporting - Worldwide 877-702-9580 Page 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF storage requirements. Does that answer your question? BY MR. ANDALMAN: Q. Yes. And I'm also interested in knowing who is required to take that training. A. I am only aware that when an E-mail goes out on mandatory training within the Office of Acquisition Management, it's everybody in Office of Acquisition Management. Outside of that organization, I can't tell you. Q. So you couldn't address that on behalf of ICE, generally? A. It's a mandatory training class, but as far as who is responsible to take it, no. Q. Would this include where the documents need to be stored, this training? A. Where as in a location, or where as in what kind of storage cabinet? Q. Both and either. A. The training does have requirements as far as what you have to store when it's classified and where, and under what kind of security measures. Page 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. But as far as nonclassified, there is no training? A. That's part of the training as well, as far as how we have to store it and how we have to handle it, yes. Q. So that raises one question I had earlier... You mentioned that as part of your involvement with this FOIA request that you gathered documents in November of 2013, correct? A. Starting in November of 2013, correct. Q. And you mentioned how you physically went to file cabinets that were arranged by contract specialists, correct? A. Contract specialists or by whatever the first-level supervisor wanted to store, how they wanted to store their stuff. Q. Is there a document saying how each first-level supervisor has organized the files? A. Not to my knowledge. Q. And there is no general practice you testified to, correct? MR. OSWALD: Objection, mischaracterizes the testimony. Page 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF You can feel free to answer. THE WITNESS: Can you clarify your question, please. BY MR. ANDALMAN: Q. Yes. The first-level supervisor has the authority to determine how he or she wants to organize these documents, correct? A. While I worked there, correct. Q. Correct, okay. A. How it is today, I can't answer to. Q. For instance, some might be alphabetized, some might not be alphabetized. Is that correct? A. In my personal experience, that's true. Q. Did you ever experience any missing documents? A. There have been documents that were misfiled, but we have located them later on. Q. There were never permanently lost documents that you experienced? A. Not that I recall. MR. ANDALMAN: Let's go a couple more questions. It's 11:15, then we will take a break at that point. Page 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. So let's go back to government service contract agreements. Does the U.S. Marshal's Office ever have Intergovernment Service Agreements for ICE detainees? A. The U.S. Marshal's has intergovernmental agreements. They do not use the word "Service," But they're similar documents. Q. Is there any substantive difference between the two of them? A. Theirs are based on their requirements of their document. Q. So if it's an IGSA, let's say, I-G-S-A, or IGA, they're both substantively to house detainees? A. They're agreements with local government entities, IGSAs and IGAs. Q. When they don't relate to housing detainees, how else do they relate to detainees? A. How does who? Q. How do these IGSAs or IGAs deal with detainees? A. They're the agreements between the 24 (Pages 90 to 93) TSG Reporting - Worldwide 877-702-9580 Page 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF government, the federal government, ICE, and the local state, city, county, recognized Indian tribe. That's the agreement. Q. You mentioned that they were specifically for space, right? A. They're for bed space. Q. Bed space. Do they relate to anything else? A. They may include other detention-related services, such as transportation to and from a hospital, guard services. Whenever a detainee leaves a facility, they're required to have somebody with them at all times. Q. Okay. A. There may be other transportation needs. Q. Do you know approximately how many facilities operate under IGSAs right now? Ballpark estimate is fine. A. I have not been involved in the recent counts for quite some time, so to answer that in a ballpark figure, I don't know. I would say there's more than a hundred Page 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF and fifty. Oh, excuse me. Are you talking about ICE agreements? Q. Correct. A. Around a hundred. Q. Now is that the majority of facilities? A. Excuse me? Q. Would that be the majority of facilities? MR. OSWALD: Objection, vague. You can answer the question. MR. ANDALMAN: Strike that. BY MR. ANDALMAN: Q. Would it be fair to say that the majority of facilities are covered by IGSAs? MR. OSWALD: Objection, vague. You can answer the question. THE WITNESS: I would say that there are more IGSA's than the other contracts, yes. MR. ANDALMAN: Let's break for now. I would say let's do a lunch break. (Whereupon a luncheon recess was taken at 11:17 a.m.) Page 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF 1 2 3 A F T E R N O O N S E S S I O N 4 (Whereupon at 12:26 p.m. the deposition 5 of Jerald Neveleff resumed and he further 6 testified as follows.) 7 BY MR. ANDALMAN: 8 Q. Good afternoon. So when we left off we 9 were speaking about Intergovernment Service 10 Agreements. 11 A. Correct. 12 Q. Correct? I had a couple of questions I 13 wanted to just kind of tie the knot on before we 14 move forward in the intergovernment service stuff. 15 The first is in regards to records management training. Do you remember when we were 16 17 discussing that earlier this morning? 18 A. Yes. 19 Q. You mentioned that as part of the 20 records management training that individuals are 21 trained on the storage and maintenance of the 22 records, correct? 23 A. Of the record, not the records, if you 24 talk about IGSAs. 25 The training is generic -- Page 97 NEVELEFF Q. Okay. A. -- on how we're supposed to store, classified, nonclassified, those types of things. It doesn't specifically say "IGSA storage". Q. Okay, so that training doesn't specify the means in which, or the ways in which IGSAs are specifically to be stored? A. Not specifically, no. Q. That's good to know. We'll talk about some of the other stuff in a bit. If I'm a member of the public, other than in a FOIA request, how would I be able to determine whether a particular facility is covered by IGSA, by an ISGA? A. IGSA. Q. Yes. A. I believe, now this is me, not the agency, I believe the operational people have a website that lists a list of their detention facilities. Q. Did you review that Website in connection with your preparation today? A. No. MR. ANDALMAN: I'm going to mark this 25 (Pages 94 to 97) TSG Reporting - Worldwide 877-702-9580 Page 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF as Exhibit 3. (FOIA library printout was marked Deposition Neveleff Exhibit 3, for identification.) BY MR. ANDALMAN: Q. Can you please describe what Exhibit 3 is? A. The heading is a "FOIA Library". Q. Have you ever seen this? It's a printout of a web page, correct? MR. OSWALD: Objection, leading. MR. ANDALMAN: Strike that, strike that. Well. I can leave him. MR. OSWALD: Well, that's correct, but objection, foundation. MR. ANDALMAN: I'll strike that. BY MR. ANDALMAN: Q. Do you see where it says "ice.gov/foia/library/"? A. Right, correct. Q. Does this appear to be a printout of a website? A. To me it appears to be a printout of a website. Page 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. I'll represent to you that this is a printout of that web address? MR. OSWALD: Objection. You're testifying. You can go ahead and answer. BY MR. ANDALMAN: Q. Assume with me that this is a printout of that Website? A. Okay. Q. Have you ever seen this Website before? A. No. Q. Do you have no understanding of what the documents are that are maintained on this Website? A. I have no knowledge of what's maintained on this Website. Q. Do you know who maintains this Website? MR. OSWALD: Objection, foundation. MR. ANDALMAN: He can answer. MR. OSWALD: You can go ahead and answer the question. THE WITNESS: I can only guess that the FOIA office does. Page 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. This is not under the purview of Information Technology Architecture and Development? A. I don't believe so. Q. It's not under the purview of the Office of Acquisition Management? A. I don't believe so. Q. If you would turn with me to Page 23, there are numbers at the bottom, and go where it says "Intergovernment Services Agreement" at the bottom. Do you see that? A. Yes. Q. And it goes from Page 23 through Page 28. You can take some time going through it. A. Oh, okay. I see what you are talking about. Okay. Q. Does this appear to be a complete list of all Intergovernment Service Agreements that ICE enters? MR. OSWALD: Objection, foundation. He doesn't recognize the document. You can go ahead and answer the Page 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF question. THE WITNESS: I guess you're asking me to go back to the year 2010. BY MR. ANDALMAN: Q. Well, assume with me that each of these are individual hyperlinks. MR. ANDALMAN: Craig, if you'd like I can present this Website to him, if that makes it easier. MR. OSWALD: It's your deposition. If he's unfamiliar with it, I don't know how you're asking him questions about this. But you can go ahead and answer if you know. THE WITNESS: To answer your question, it says under Intergovernment Service Agreements used by ICE in fiscal year 2010. So if you could ask me the question... BY MR. ANDALMAN: Q. Let's take a step back. That's fair enough. (IGSA Facilities Used by ICE FY2010 Website printout was marked Deposition Neveleff Exhibit 4, for identification.) 26 (Pages 98 to 101) TSG Reporting - Worldwide 877-702-9580 Page 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. I'm handing you what's been marked as Exhibit 4, and I'm going to represent to you, so assume with me, that this is the document that corresponds to the hyperlink that says on the Exhibit 3, IGSA Facilities Used By ICE in FY2010. A. Okay. Q. Does the listing in Exhibit 3, under Intergovernment Service Agreements, correspond to all of the facilities listed in this chart? MR. OSWALD: Objection, confusing and lack of foundation. You can go ahead and answer the question. THE WITNESS: You're talking about Exhibit 4? BY MR. ANDALMAN: Q. Yes. A. Without me being able to do a comparison, side-by-side comparison, right off the bat, I can't answer your question. Q. Go ahead and take a look. You're welcome to do that. MR. OSWALD: Objection, calls for speculation. Page 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. ANDALMAN: I don't understand what's speculation. THE WITNESS: I can find one. BY MR. ANDALMAN: Q. Well, if you can find one then, right, it wouldn't correspond. Wouldn't that be correct? A. You want me to take a sample of one? If I look at your list -MR. OSWALD: Do you want to go off the record? MR. ANDALMAN: Yes, we can go off the record. (Discussion off the record.) BY MR. ANDALMAN: Q. Let me try to take this from a different angle... Exhibit 3 has a listing of Intergovernment Service Agreements and various hyperlinks, correct? A. I've never seen the site, so I couldn't tell you if they're hyperlinks or not. Q. Assuming that these are hyperlinks, and therefore made available to the public, are you aware of any protocol or standard that dictates Page 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF which of the IGSAs are available to the public and which ones are not? A. That's something FOIA would have to answer. I can't answer that. This is not something Contracts controls. Q. So is ice.gov maintained by Immigration and Customs Enforcement? A. Personally I'd have to say yes. Q. So, would it be under the purview of ICE to know what documents are on its Website? A. Personally, I would say yes. Q. How about as a 30(b)(6) deponent for the Immigration and Customs Enforcement? MR. OSWALD: I object, because it's beyond the scope of the notice of the deposition. There's nothing in here about what's on the FOIA Website, that we know. He can answer the question. MR. ANDALMAN: And I'll address that in that it clearly relates to the maintenance of records and how they are maintained in the ordinary course of business. BY MR. ANDALMAN: Q. Does ICE have control over the Page 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF documents that are posted to its Website? And if you don't know, that's also fine. A. I don't know. Q. As a 30(b)(6) you do not know? A. For the question, no. Q. Are you aware of any protocol or standards as far as what documents are posted onto this Website? A. No, I do not know. Q. Are you aware of any protocols or standards dictating when certain IGSAs are made available to the public? A. No, I am not aware. Q. Let's go to Exhibit 4 that you have been handed. The first question I'm going to ask is, have you ever seen Exhibit 4? A. I have seen Exhibit 4, possibly not this one as of 2/27/2010, but I've seen this type of document, yes. Q. Is this type of document created each fiscal year? A. This is a document created by the Enforcement Removal Operations. It says it on top. ERO used to be DRO. 27 (Pages 102 to 105) TSG Reporting - Worldwide 877-702-9580 Page 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Okay. A. This is their document. Q. So ICE would not have custody and control over a document like this? MR. OSWALD: Objection, mischaracterizes the testimony. You can feel free to answer. THE WITNESS: ERO is part of ICE, and this is their document. BY MR. ANDALMAN: Q. So sitting here today as the 30(b)(6) deponent for ICE, would this be a document that you would have access to? MR. OSWALD: Objection, there is another witness coming from ERO who will be able to testify on this behalf. So another witness has been designated in this area. But you could feel free to answer the question. MR. ANDALMAN: Craig, hold it. Before he answers, are you representing that your ERO representative will now be able to testify on government contracts? MR. OSWALD: You're talking about the Page 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF creation of a document by ERO. He does not work for ERO. You can ask an ERO witness what is done by ERO. He can feel free to answer, if he knows. I'm just telling you, you're asking him as a 30(b)(6) deponent designation. I object first because this is not any part of the Internet composition, that was one question, now we're on another question that has nothing to do with the designations in the Notice of Deposition. And there will be a witness here from ERO. So, Mr. Neveleff can answer the question if he knows the answer. MR. ANDALMAN: Will Mr. Sakamoto be competent to testify to a document such as this? MR. OSWALD: Somebody from ERO is somebody who knows, I would guess, more about this. Mr. Neveleff may know. MR. ANDALMAN: Let me re-ask the question. Page 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF BY MR. ANDALMAN: Q. You stated earlier that you have seen these types of documents, correct? A. Yes. Q. When have you seen these types of documents? A. We would receive them on a weekly basis for limited distribution, for informational purposes. Q. When you say "weekly," so it was generally every week that you would receive a document like this for a particular fiscal year, yes? A. Once a week. Q. Once a week. Is there any protocol with regard to sharing a document like this with the public that you are aware of? A. That is not a contractual document, so as far as a protocol of sharing with the public, ERO would have to answer that. Q. Let's go back to Exhibit 3. In Exhibit 3 on Page 23, do you see the line under "Intergovernment Service Agreements," where it says "IGSA Facilities Used By ICE in Fiscal Year Page 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF 2010"? A. Yes. Q. I will represent to you that Exhibit 4 is a printout of the document contained in that hyperlink. MR. OSWALD: And we will stipulate to that. MR. ANDALMAN: You will stipulate to that. BY MR. ANDALMAN: Q. Do you notice, and you stated earlier, that these documents were promulgated weekly, correct? You received documents like this weekly? A. This (indicating). Q. Yes. A. I received. Not this (indicating). Q. And "this" being Exhibit 4? A. Exhibit 4 is what I received. Nothing in Exhibit 3. Q. Got it. If you would, would you page through Pages 23, 24, 25 through 28. A. Okay, what would you like me to -Q. Do you see any other document, any other hyperlink that refers to IGSA facilities 28 (Pages 106 to 109) TSG Reporting - Worldwide 877-702-9580 Page 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF used by ICE in a particular fiscal year? MR. OSWALD: Objection, confusing. You can answer the question. THE WITNESS: I don't know what he's asking. MR. OSWALD: Can we go off the record? MR. ANDALMAN: Sure. MR. OSWALD: Could we step out for a moment maybe? MR. ANDALMAN: Sure. (Brief recess taken.) BY MR. ANDALMAN: Q. My apologies, Mr. Neveleff. This is obviously a confusing line of questioning and I apologize for that. Or correction, I maybe, you know, have gotten into the weeds, let's say. Let's just do this on a high level. Are you aware of any protocols with regards to Intergovernment Service Agreements as far as what information is shared with the public? A. No, I'm not. Q. And you are not aware in your capacity as a 30(b)(6) witness? A. For the -- Page 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. For ICE. A. For the area that I'm responsible for, I don't know. Q. Perhaps we can short circuit another couple of areas. Would it be fair to say you're not aware of any -- turning to Page One, of any protocols regarding what information is shared with the public regarding Memoranda of Agreement or Memoranda of Understanding? Q. Is that correct? A. I am not aware of it. Q. And you are not aware as a 30(b)(6) witness, a representative of the Immigration and Customs Enforcement? A. I am not aware of Memorandum Agreements of the stuff on Page One. Q. Let me re-ask the question. You're not aware of any protocols with regards to what information is shared regarding Memoranda of Agreement/Understanding as it pertains to ICE and as a 30(b)(6) witness? A. For the areas that I'm responsible for, no, I'm not aware of any. Q. Let's go again to Exhibit 4. You Page 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF stated that you had seen documents like this notice past, perhaps not this one in particular, correct? A. Correct. Q. Correct? A. Correct. Q. Regarding this top line, these column names, are these fairly standard for documents like this? A. For this report, they look to be pretty consistent. Q. Why don't we walk through and you can address what each column stands for. What does the first column "det lock" stand for? A. As I said before, this is not a Contracts-created document. Q. Okay. A. I've seen it. Q. Okay. A. I can just tell you what I understand it to be. Q. What do you understand it to be? A. ERO provides a code for each of their Page 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF facilities. Q. Okay. A. Okay? So the detention lock I believe is their code. Q. Alright. A. Alright, and if you go through the list, the reason they have that is many facilities have the same name. Q. Okay. A. Column Two is the name of the detention center. Q. Okay. A. Alright. Column Three is the address of the detention center. The next column is the city that the detention center is located. The next one is the state, and then followed by the ZIP Code. Q. Okay. A. The next column tells me what type of facility it is that we discussed earlier. The type detailed tells me whether it is, as an example, Number One has a D in front of IGSA, which means it's a dedicated IGSA, which is different than the one on row five for Polk 29 (Pages 110 to 113) TSG Reporting - Worldwide 877-702-9580 Page 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF County, which means it's an IGSA that we use. Q. What is the difference between a dedicated and nondedicated IGSA? A. The dedicated, the only detainees in that facility are IGSA. Q. And the other ones? A. There may be other ones. Q. Go on. A. Population count, I don't know exactly, but it's the population count as of a certain day, week. I don't know exactly what that number is. Q. Alright. A. The next column "Over and Under" is -and I have to really go into more detail or defer to ERO, our facilities are classified as over and under seventy-two. Some people it could be under seventy-two, or people pretty much housed there for less than seventy-two hours and then relocated to a longer stay. Q. Okay. A. The next column says "AOR," which is area of responsibility, those are the field office initials that that facility is located, their area Page 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF of responsibility. POC looks like -- I can't answer that. As far as I guess they're designating a person to contact within ICE. Q. Okay, right. A. Their phone number and then the address that person works out of. Q. Do you know if these sorts of documents are still being produced? A. While I was still in detention management I was still receiving them, weekly. Q. So as of January -A. Two weeks ago, three weeks ago. Q. There is no standard or rationale or protocol with regards to how and when this information is shared with the public, correct? A. As this is the ERO document I said earlier, I don't know of any. Q. Fair enough. Does Office of Acquisition Management have a similar type of document stating what facilities are covered by IGSAs? A. Can you ask that again, please? Q. Yes. Does Office of Acquisition Page 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Management have its own list of facilities covered by IGSAs? A. I don't believe so. I believe we use this -- excuse me, we don't do that. We use this (indicating) as our template. Q. Okay. A. Or excuse me, as our list. Q. To your knowledge, has ERO ever failed to give ICE one of these documents on a weekly basis? A. You mean to OAQ? Q. To OAQ. MR. OSWALD: Objection, you're assuming things. Foundation. You can answer the question. THE WITNESS: I'm not aware of them missing distribution of these for those people that are on their distribution list. BY MR. ANDALMAN: Q. Is OAQ on that distribution list? A. Yes, but it could vary by person. Q. But someone in OAQ is on the list? A. Yes. Q. Does ICE have a list, a master list of Page 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF its existing contracts? A. I believe we do somewhere. It's not a formal list. Q. What type of list is it? A. It would be using the most current one that is created, or the most updated version we get to verify that those contracts are still there. Q. Meaning the most recent IGSAs, correct? A. All detention contracts. Q. Okay, so both IGSAs and those other ones that we discussed earlier? A. Correct. Q. You testified earlier that in preparation for this deposition you reviewed certain documents, correct? A. Correct. Q. One of those documents I believe you said was an October 2013 letter from Mr. Oswald to counsel, correct? A. I believe, yes. Q. Okay. A. That was the date of the letter. Q. In that letter he outlines certain 30 (Pages 114 to 117) TSG Reporting - Worldwide 877-702-9580 Page 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF groupings of facilities, correct? A. Correct. Q. In one of those he mentions that IGSAs for certain facilities are available on the ICE FOIA library, correct? A. I don't recall that exactly. I need a copy of the letter to be able to answer that. MR. ANDALMAN: Let me take a break and get a copy of that letter, unless you have one with you... MR. OSWALD: I mean, I have a copy that I have marked up. MR. ANDALMAN: Yeah, so do I. That's my problem. Let's go off the record for two minutes. (Brief recess taken.) (10/28/13 letter was marked Deposition Neveleff Exhibit 5, for identification.) BY MR. ANDALMAN: Q. You've been handed what has been marked as Exhibit 5, correct? A. Correct. Q. Is this the letter, the October 28th 2013 letter that you reviewed in preparation for Page 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF your deposition today? A. I would say yes. Q. Could you turn to Page Two. A. Okay. Q. In the middle paragraph that starts with "furthermore," could you read that for the record. A. "Furthermore the IGSAs for the total facilities can be accessed Online in the ICE FOIA library located" -- do you want me to read the -Q. That's okay. A. "Under Intergovernmental Service Agreements". And there is a list of twenty. Q. Correct. A. Okay. Q. In preparation for your deposition today, did you visit the hyperlink -A. No. Q. -- listed in Mr. Oswald's letter? A. No. Q. Do you know if any of these twenty IGSAs are up-to-date contracts? MR. OSWALD: Objection, foundation. You can go ahead and answer the Page 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF question. THE WITNESS: Without reviewing the actual contract, I can't tell you if they're up to date or not. (El Paso County Detention Center IGSA was marked Deposition Neveleff Exhibit 6, for identification.) BY MR. ANDALMAN: Q. Mr. Neveleff, you've been handed what's been marked as Exhibit 6. Is Exhibit 6 an Intergovernmental Service Agreement for the facility at El Paso County? A. According to this document, yes. Q. Do you have any reason to believe that it's not? A. This facility is maintained under the Laguna Niguel office, and any changes to it would be under their cognizance. Q. Okay. A. I'm not aware of any. Q. If you could turn to Page Eight through Nine of this exhibit, and actually on Page Nine can you see where it says, "This will remain in affect for a period not to exceed sixty months"? Page 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Okay. Q. Would that mean that from sixty months of the date that this came into effect, after sixty months it would no longer be in effect? A. Not true. If you read the rest of that it says it "May be extended by bilateral modification and terminated by either party". Q. So without an extension it would terminate within sixty months, correct? A. Correct. Q. Does there appear to be, in what you've been handed as Exhibit 6, any extension of the agreement? MR. OSWALD: Objection, foundation. BY MR. ANDALMAN: Q. You can review the documents. A. Do you have any modifications that were issued to that? Q. Let me take a step back. I will represent to you that this is a document, as Mr. Oswald directed, taken off of the "www.ice.gov/foialibraryindex" Website. A. Okay. Q. This is the full and complete copy of 31 (Pages 118 to 121) TSG Reporting - Worldwide 877-702-9580 Page 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF that. Mr. Oswald can check that if you'd like. Does there appear to be any extensions of this agreement in that document? A. As of what date? Are we talking about the 2010 date, from the FOIA that you gave me in Exhibit 3? Q. In that document, are there any extensions? A. In this document (indicating)? Q. In that document. A. In this document, no. Q. So it's fair to say that either the extension wasn't produced on the document, or that this document is no longer in affect, correct? A. Excuse me? Q. Strike that. It's fair to say that if there is an extension, it wasn't included on the FOIA Website, correct? A. Correct. Q. Or that this is an outdated document, correct? A. Without an extension, correct. Q. I think you mentioned earlier that ICE Page 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF has a document retention policy. Is that correct? A. Actually there is a FAR requirement. Q. A FAR requirement. And what is a FAR requirement? A. Federal Acquisition Regulations. Contractual documents are retained for six years and four months after a final payment. Q. Is it six years in total or six years and four months? A. Six years and four months after final payment. Q. So, seventy-six months? A. Okay. Q. Okay. A. If that's what the math works out to. Q. Yes. Is this memorialized in any document that's distributed to employees of ICE? A. It's a Federal Acquisition requirement. It's the way it is. Q. Are employees of ICE provided the Federal Acquisition requirements? A. They're also trained in records retention, which is in their training. Q. When ICE enters a contract, what form Page 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF is it in? MR. OSWALD: Objection. MR. ANDALMAN: It's vague. Let me strike that. BY MR. ANDALMAN: Q. When ICE enters into an Intergovernment Service Agreement, is there any specific requirement as to what format, being electronic or paper, that that document is in? A. The format was dictated by a previous policy that's no longer in affect. However, that format/template is still being followed or modified since then. Q. What is that policy? A. That was the previous ICECAP. Q. The ICECAP. A. Yeah, that I told you was no longer in effect. Q. Correct. And it was replaced, I believe you said, by I-C-S? A. Yes. Q. But you just said that ICECAP is followed still? A. For IGSAs, the general format is Page 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF followed, or has been modified as a result of lessons learned to make it a better document. Q. When you say "format," do you mean the physical template of the contents in there, or do you mean the media on which the document is memorialized? A. The content of the document. Q. So I'm asking a slightly different question. Is there any mandate as to the media on which these documents are memorialized? To, for instance, is there any requirements that the document be in paper form? A. Currently we don't have authority for digital signature. Q. So all of the IGSAs are in paper form. Is that correct? A. It should be, yes. Q. When an IGSA is drafted, what happens next? Walk me through the process in which an IGSA goes from a draft to when it's finalized. MR. OSWALD: Compound, asks for a narrative. But you can go ahead and answer it. THE WITNESS: When the IGSA is ready 32 (Pages 122 to 125) TSG Reporting - Worldwide 877-702-9580 Page 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF for issuance, we would provide it to the facility representative, okay. BY MR. ANDALMAN: Q. Okay. A. Whether it be the county, the state, whatever, whoever they tell us is their point of contact that has the authority to bind the state. Once they review it, they receive it , they provide us comments back, things they may take exception to, things they may want to revise, things that they like, that they don't like, and we negotiate. Q. Let me stop you there. Is there a record of where the document has gone? So is there a chain of custody during this process? A. As this is not a classified document, it's typically E-mailed to the representative. Q. So there is a paper trail, so to speak, through E-mail? There is an E-mail trail? A. Yes. Q. So what happens next when it goes to the point in contact? A. They would review it and provide their Page 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF comments back to the contracting person that sent it to them. Q. Is there any requirement in what format the comments must be in? A. No. Q. So for instance could they be in track changes in an electronic document? A. Yes. Q. Or handwritten? A. Yes. It could be in a separate document. Q. It could be in an E-mail perhaps? A. Right. Q. Are those changes maintained, the evidence of those changes maintained anywhere? A. As they are currently in negotiations, they adjudicate the exceptions and comments. Q. What does it mean to adjudicate them? A. Negotiate them in, negotiate them out, explain to them, you know, "Why do you take exception?" Q. Is there any record of those either track changes or E-mails or paper comments that's maintained after the contract is finalized? Page 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. In a file. Q. In a file? A. Yes. Q. Okay, and where is that file? A. With the contract file where the contracts would be located. Q. So, after this negotiation process, what happens next? A. The final document is prepared in accordance with what was negotiated. Q. Okay. A. Not just necessarily the terms and conditions, but also the rate that we agreed to, the start of performance, and then it would be sent back out to the facility's point of contact for their review and signature, and then they would send it back, a signed document back to the contracting person to hand to a contracting officer to execute, and award the document. Q. Is there any requirement that someone higher than a contract officer review the document? A. It depends on their warrant level. Q. So, contract officers can have Page 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF different warrant levels? A. Yes. Q. What type of warrant levels exist? A. Typically, and this is me, because there are exceptions, and this is something that policy approves, typically a contracting officer has a warrant of up to twenty-five million dollars. So, any contract that's expected to be less than twenty-five million dollars they review and sign. Q. Is that over the life of the contract, or is that per year? A. It's for whatever each instance they're doing. Q. Okay. A. Okay. Do you want more? Q. Yes. A. What would you like? Q. Once the contract is signed, where does it go? Once it's signed by both parties, where does it go? A. Once both parties sign, there is a copy that is sent to Enforcement Removal Operations and 33 (Pages 126 to 129) TSG Reporting - Worldwide 877-702-9580 Page 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF the field office that has cognizance of the detention center. A copy is also sent into the system to Dallas Finance Center to put it into their records to build up the file for that. Q. Are all of them sent to Dallas? MR. OSWALD: I object to this line of questioning. This clearly is within item Number Seventeen on the Notice of Deposition, which has been struck under the protective order, which is "The facts and circumstances regarding how government contracts and records or reviews, audits and inspections are shared and managed by the appropriate officials within Immigrations and Customs Enforcement, including, without limitation, the chain of custody information for reviews, audits and inspections." This was struck from the Notice of Deposition and we're now in Government Contracting 101, and I've given you a great deal of leeway I think in terms of asking what these documents are about. Page 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF If we're going to continue on this, then I'm going to -I don't want to tell him not to answer the question in terms of dealing with it, as we're entitled to do with the protective order in force. MR. ANDALMAN: Right, and the way we understand the procedure -MR. OSWALD: I understand. I'm trying to give some leeway, because I really do want to get done with this, but if we are going to continue to go down this, we fought this and we won this argument. MR. ANDALMAN: Well, Craig, first, two things: the court order was that we couldn't discuss policy matters and that Judge Kennelly specifically stated that he felt the sort of pertinent information that we needed to know was already covered in the other deposition topics. So, to the extent that we're asking about retention of records, where they're going, who gets them, what is maintained in the ordinary course of business, it clearly Page 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF is covered by one of these topics. We're not asking about policy decisions. We're not asking anything other than the paper trail that things are going down. If you want to instruct your witness not to answer, we can call the court hotline. MR. OSWALD: I do understand that. I don't want to get into that. MR. ANDALMAN: So, to the extent that -MR. OSWALD: I'm raising the issue. MR. ANDALMAN: Fair enough. We promise we won't be asking what we believe to be "policy" questions. BY MR. ANDALMAN: Q. So I'll re-ask my question. You said that a copy of the signed document is sent to Dallas. Does that happen as a standard operating procedure? A. Yes. Q. So every single contract would be somewhere in the Dallas Finance Office? MR. OSWALD: Objection, Page 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF mischaracterization of the testimony. You can go ahead and answer the question. THE WITNESS: To be honest with you, I don't know how far back, but yes it's required to date. It's been required for some time, but not my whole time at ICE. They changed some areas of responsibility within ICE as a whole payment office, as such, and then said that copies have to go to Dallas. BY MR. ANDALMAN: Q. Do you know if that dates back to 2002? A. I would have to say no. Q. Okay. A. It does not, because it didn't happen until after I arrived in 2007. Q. Do you remember the approximate time period that -A. I do not. Q. Once the contract is finalized by both parties, is there a location that the document is placed for public commenting? A. Not by OAQ, or not by Retention 34 (Pages 130 to 133) TSG Reporting - Worldwide 877-702-9580 Page 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Management OAQ. Q. By anything under ICE? A. In the past, I don't know when it changed, a copy used to be provided to FOIA, as well. Q. Is there a point at which you know that it for sure was still in existence, that policy? A. I can't even guess. Q. But you were there at ICE when that occurred? MR. OSWALD: I object, just on the grounds that is based on his personal information and not on the basis of his authorization to testify as a 30(b)(6) witness. MR. ANDALMAN: Fair enough. MR. OSWALD: But you can go ahead and answer. THE WITNESS: You have to ask the question again. I'm still stuck on the previous question. BY MR. ANDALMAN: Q. The practice of providing a copy to FOIA, did that occur at least as recently as you Page 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF have been there? A. Providing a copy to FOIA? Q. Yes. A. Yes. Q. When you say "providing a copy to FOIA," what does that specifically mean? A. We include them on the distribution list of the actual document. Q. But FOIA is the Freedom of Information Act. A. Correct. Q. Who is at FOIA with regards to ICE? Is that an office? A. That is an office. Q. Are there any policies or procedures with regards to providing copies to the FOIA office at ICE? A. Not that I'm aware of. Q. Just backtracking to one point, just to clarify for us, I think you mentioned the process of providing Dallas Finance with a copy of the finalized contract, that has been in existence at least as of 2007, correct? A. No. Page 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Okay. A. That happened some time after 2007. I can't be specific when they started doing it. Q. When is the earliest you know that that practice was for sure in existence? A. For sure in 2011. Q. You mentioned that all of the edits and comments and so forth are maintained in the file, correct? A. Supposed to be, yes. Q. "They're supposed to be". Do you know if there are any audits of those files to make sure that the documents are actually included in the file? A. Can you specify which type of contract? Q. An IGSA. A. IGSAs are typically not audited. Q. Okay. A. By OAQ. Q. Are they audited by anybody? A. They have been. Q. Who audited them? A. DHSIG. Q. What is DHSIG? Page 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Department of Homeland Security, Inspector General's Office. A. GAOIG has reviewed them in the past. Q. GAOIG is Government Accountability Office Inspector General? A. Right. Q. As a 30(b)(6) witness for ICE, do you know if there are any policies for the audits performed by DHS? A. I am not aware of any. Q. And do you know of any in that capacity from GAOIG? MR. OSWALD: Objection. THE WITNESS: They're not part of ICE. MR. OSWALD: Beyond the scope of anything in the 30(b)(6) designation. Isn't that an office of Congress? MR. ANDALMAN: They're in ICE's custody, so he probably should understand how they're maintained. BY MR. ANDALMAN: Q. Is there any other oversight to make sure that the ISGAs are maintained in correct format throughout this process? 35 (Pages 134 to 137) TSG Reporting - Worldwide 877-702-9580 Page 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. OSWALD: Objection, vague. You can answer the question. THE WITNESS: Typically the supervisors make sure that they're filed and maintained. Each contracting officer and his contract specialist needs to file -- is responsible to make sure that they're maintained. BY MR. ANDALMAN: Q. Are you aware of any policy or procedure regarding the supervisor's oversight of this process? A. No. MR. OSWALD: Objection. This goes beyond the scope of the 30(b)(6) notice. We're now into all contracting issues. This has nothing to do with the documents themselves, the maintenance of the documents or pulling them back. This has gone under complete government contracting, all the policies underlying that, which is clearly not what was supposed to be in this deposition. You can go ahead and answer the Page 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF question. BY MR. ANDALMAN: Q. Do you know of any policy which dictates how often a supervisor must review the IGSA file? A. No. Q. Do you know if any policy regarding a supervisor's review of the IGSA file exists? A. I'm not aware of any policy. Q. Has there ever been an outside audit of IGSAs at ICE? A. IGSAs have been audited by outside agencies. A. Q. Other than the GAO and GHA? A. Not that I'm aware of. Q. Is the Dallas Finance Office a part of ICE? A. Yes. Q. Are you aware of any policies or procedures as to how the Dallas Finance Office stores IGSAs? A. I'm not aware of any policies. Q. Are you prepared to testify as to the Page 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF practices of the Dallas Finance Office and its storage of these files? A. They're not a member of the contracting team, so I couldn't tell you how they stored them. Q. But they are a member of ICE, correct? A. Correct. Q. Aside from Dallas, after the IGSAs are signed, where do they go at ICE? So let me restate that. After an IGSA is signed, a copy goes to Dallas. Where do other copies go. I think you testified the field office, correct? A. The ERO field office. Q. The ERO field office. Is there a document that's provided to a central location at ICE? A. Other than OAQ? I don't believe so. Q. Is OAQ different than the Dallas Finance Office? A. Yes. Q. So at OAQ, which is Office of Asset Management, right? A. No, that's OAM. Page 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. OAQ, sorry. OAQ stands for again? A. Office of Acquisition Management. Q. Acquisition management, my apologies. The Office of Acquisition Management, is that physically located here in Washington, D.C.? A. Acquisition management, there is an office here, we have an office in Orlando, there is an office in Dallas, and an office in Laguna. Q. Are there any policies and procedures as far as where the IGSA, which of those offices it goes to? A. The only two offices that handle IGSAs are Laguna and Washington, DC. Q. How is it determined whether they would go to Laguna or Washington, DC? A. As previously stated, Laguna has a certain responsibility for certain field offices. Those under their cognizance are retained by them. Q. And are those generally on the west coast? A. Correct. Q. And all the other ones -A. Washington, D.C. 36 (Pages 138 to 141) TSG Reporting - Worldwide 877-702-9580 Page 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. -- would be at Washington, D.C.? A. Correct. Q. You're not prepared to testify as to how those files are maintained at Laguna, correct? A. To an extent. Q. Well, to what extent are you able to? A. They're stored in a file cabinet, in a federal building, with their office having key card access control. Q. Okay. A. And maintained in a store room within their office in file cabinets. Q. Do you know how the individual files are arranged? A. As they are assigned to -- each contract specialist has a field office that they're responsible for. So they're filed by contract specialists or by the field office, excuse me. Instead of alphabetically or by some other order, it's by field office. Q. Within the field office, it can be arranged in any manner that the field office chooses, correct? Page 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF So within the field office there are a number of facilities, correct? A. Correct. Q. Within those facilities the field office has discretion as to how to arrange those, correct? MR. OSWALD: Objection, confusing. MR. ANDALMAN: Let me restate. BY MR. ANDALMAN: Q. You stated that these files are organized by field office, correct? A. Within the Office of Acquisition Management, Laguna. Q. Correct. A. Okay. Q. Are there any policies or procedures dictating how within the field office individual facilities are to be organized? MR. OSWALD: Objection, confusing. The field office is not doing the organization. I'm not trying to testify. MR. ANDALMAN: Strike that. BY MR. ANDALMAN: Page 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Within the file cabinet that contains the files for the particular field offices, are there any policies or procedures as to how the individual facilities are to be organized? A. I do not know. Q. At Laguna, is there anybody responsible to oversee the maintenance of these file cabinets? A. Of the actual cabinets, themselves? Q. The maintenance inside the file cabinets. A. It would be the individual team members and their supervisors. Q. There wouldn't be a single individual, just the various supervisors and various contracting specialists, correct? A. Correct. Q. Now let's talk about Washington, D.C. are you prepared to testify as to how those documents are maintained at the Washington, D.C. OAQ office? A. Yes. Q. How are the documents maintained at the Washington, D.C. OAQ office? Where are they located? Page 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. The detention contract files? Q. Correct. A. They're located in a federally leased space. Q. Okay. A. With security on the first floor, with access control as well. They're stored on the ninth floor behind the offices which need key card access and file cabinets divided up by teams and by contract specialists. Q. What are the teams? A. The northeast team, the southeast team, at least -- I can't speak currently, when I was there -Q. As of two weeks ago. A. When I was there, and also by the team that was responsible for the Texas field office. Q. Are you aware of any policy or procedure that specifies how the individual facility contract files are to be stored or maintained within the teams and contract specialist divisions? A. I need some specificity. 37 (Pages 142 to 145) TSG Reporting - Worldwide 877-702-9580 Page 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. So let's take Texas, for example. A. Yes. Q. You testified earlier that Texas was responsible for various facilities, correct? A. Correct. Q. Was there any policy or procedure as to how the files for the various responsibilities for which Texas was responsible needed to be organized or maintained? A. There is a checklist that tells them how to organize the files. Q. Is there such a checklist for the southeast team? A. Yes. Q. The northeast team? A. Yes. Q. What is included in this checklist? A. Separating the items by pre-award, post-award, administration. There's probably close to about thirty different items. Q. But the arrangement of the specific facilities is up to the discretion of the teams, correct? A. The supervisors. Page 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. The supervisors, okay. You're not aware how often the supervisors go and check and make sure that everything is included in the individual files? A. After initial award and filing, no. Q. Are you aware of whether at the Laguna office there's ever been an instance where a contract was lost? A. I am not aware of anything at the Laguna office. Q. Are you aware at the DC office whether there's been an instance where a contract has been lost? A. A contract has been misfiled but found. Q. When was that? A. I don't have the specific time. Q. You just know that at least one has? A. Correct. And it's been relocated. Q. Has there ever been a fire to either of the facilities, the Laguna facility or the DC facility? A. Not that I'm aware of. Q. Has there ever been a flood? A. Not to my knowledge. Page 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Has security ever been compromised at either one? A. Not to my knowledge. Q. Let's take the Laguna first... Once the paper files are put in the file cabinet, is there a mechanism that someone creates to find the individual files to be able to locate them? A. No. Q. How about at Washington, D.C.? A. No. Q. So after execution, are IGSAs ever converted to electronic formats? A. Whenever we have a request for data, we would have to go get the files, upload, scan them in, put them in an electronic format, and either put it on a disk to transport it or send it as an E-mail. Q. Are there any requirements that when you scan it that it has to be searchable? A. Not that I'm aware of. Q. So unless there is a request for information, or another request for a document, there is no requirement that the IGSAs are made in electronic format, correct? Page 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. No. MR. ANDALMAN: Let's take a quick break. (Brief recess taken.) BY MR. ANDALMAN: Q. Counsel has advised that you'd like to correct a statement during the past segment of deposition testimony. Feel free to, you know, advise as to that. A. You asked me a question about a policy about uploading electronic files. It's not a policy, but each contract specialist has a performance work plan that requires them to electronically do they're filing for certain things. So it's not a policy. It's part of the individual's performance work plan. Not everybody has that. Q. Okay. A. So there is something that OAQ has as part of the performance work plan to upload files electronically. Q. What is a performance work plan? A. It's the evaluation plan each 38 (Pages 146 to 149) TSG Reporting - Worldwide 877-702-9580 Page 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF individual has at a certain pay grade for their performance review. It's performance ratings, evaluations. Q. I guess I'm a little confused. How does electronic filing of the documents play into these work plans? A. In the past, as part of our work plans, depending on the pay grade, would upload say a signed document into the contract writing system, so at that it's there. However, in the past we've had space limitations because the storage is not controlled by ICE. It's an outside entity to ICE. Q. Okay. A. And many times it will shut down the writing system. So over time we may not be able to upload it because of the limited storage. Q. So do individual contract specialists get good marks if they're able to do that? Is that how it works into that? A. There is evaluation criteria in their performance work plan about when they do it, how often, and it depends on a sample that their Page 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF supervisor would take, would look at and see if it's there. Q. Right, but there's no requirement that they actually do it? A. Outside the performance work plan, no. Q. Do you know what the space limitation is on them? A. No, I don't. Q. So, there is no real way of knowing if the document is electronically loaded, outside of the performance work plan, right? A. With a very fine confidence, no. Q. What do you mean "a very fine confidence"? A. Some things may have been uploaded, some smaller things. Some things may have not, larger. Q. You mentioned that those are stored on I presume a server. Is that correct? A. I believe that's where they would go, underneath that system. Q. Do you know who maintains the server? A. Our Acquisition Systems is the channel we would go through if we had any problems with Page 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF the writing system. Q. I thought you said that it was handled by an outside company. Is that correct? A. Correct. Q. What is that outside company? A. I don't know their name. Q. Do you know if that outside company has ever had any security issues? A. Not to my knowledge. Q. Do you know what format that the documents are uploaded, to the extent that they are uploaded? A. For those that are uploaded it's PDF, Adobe Acrobat. Q. Are those searchable PDFs? A. No. Q. As a result, because they're not searchable, you can't just do a search for that document, correct? A. Not in that system, no. Q. What system could you do that? A. You couldn't. Q. And just to close the knot on it, you mentioned that the IGSAs cannot be electronically Page 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF signed, correct? A. Currently we don't have authority for electronic signatures. Q. "We" being ICE in general? A. ICE. Q. So, is it fair to say that they can't sign and transmitted electronically at all? A. By ICE, no. Q. Who could do that? A. If the entity that you're contracting with has that authority, they can do that. Q. But in order for there to be a meeting of the minds and two signatures, it would have to at some point go into a paper format, correct? A. Correct, right now. Q. Right now. Do you know if there's plans to change that? A. Electronic signatures? Q. To make electronic signatures? A. I've heard discussions of that. Q. But nothing more than discussions? A. Personally? Q. Yes. A. It's probably serious discussions. 39 (Pages 150 to 153) TSG Reporting - Worldwide 877-702-9580 Page 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Has ICE discussed putting a policy together as to how to maintain electronic documents? A. I'd have to defer that to a policy question; not something in contracting. Q. Well, isn't that a question of how the documents are being preserved at some level? A. Can you ask me the question again? Q. Yes. ICE currently has no policy as to how electronic documents are to be preserved, correct? A. Correct. Q. Do you know if there are any discussions in terms of making a policy manual for how electronic documents are to be preserved? A. I'm not aware of any. Q. Are you aware of what security mechanisms are made for the preservation of these electronic documents? A. Sorry? Q. Let me strike that. That was a bad question. Some of the documents you testified are being loaded on the servers, correct? Page 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF A. Correct. Q. Are there any security mechanisms that are placed on those servers to preserve the documents and the integrity of those documents? A. I don't know. Q. Do you know if the servers are backed up by backup tapes? A. That I don't know either. Q. Do you know if there's an index of what documents are put on electronic servers? A. I'm not aware of an index. Q. Does the FAR policy that you mentioned, F-A-R, relate to electronic documents? A. As far as? Q. The preservation of them for how long they need to be preserved on servers? A. It would be the same as six years, four months after final payment. Q. No special requirements beyond that? A. I don't believe so. Q. You mentioned earlier that the United States Marshal's has certain IGAs, Intergovernment Agreements, correct? A. Correct. Page 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. And I think you mentioned that they're not necessarily provided to ICE, correct? A. There is no set way that they're provided to ICE. Q. When you say "set way," what do you mean? A. We get them when we become aware of them. We may ask for some parts of it; may become aware from the field office that they have an impact to a marshal agreement that they're using, and then we ask for a document. Q. Could the U.S. Marshal's agree to an IGA that involves ICE and ICE not have a copy of it? A. It's possible. Q. Are you aware of any policies or procedures relating to when the U.S. Marshal's is to give ICE those documents? A. I'm not aware of any. Q. So if ICE isn't provided a copy automatically of the agreements that the U.S. Marshals agrees to on its behalf, how does ICE become aware that the U.S. Marshals is binding it to something? Page 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. OSWALD: Objection, confusing. You can answer the question. THE WITNESS: In the past, because we get our bills, and the Marshals get theres, in the past the field office would receive an invoice at a rate that they don't recognize, a bed-day rate. At that point, they ask us to try and see why. That's when we become aware that the Marshals have made a change to their agreement. BY MR. ANDALMAN: Q. But unless there is a change, you probably wouldn't become aware of it? A. Correct. Q. That's a perfect segue to the next question. A. Okay. Q. Are IGSAs ever changed during their term? A. Yes. Q. How are those changes memorialized? A. In a modification to the basic agreement. 40 (Pages 154 to 157) TSG Reporting - Worldwide 877-702-9580 Page 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Is that in a template? Is there a template for those modifications? A. They are followed under the rules of usually the SF30 form. Q. Okay. A. And the change is documented either on the cover page or some attached pages. It's a Standard Form 30 is what we use for changes. Q. And, for instance, let's assume for the sake of this hypothetical, that the El Paso County one in Exhibit 6, the IGSA, has not been extended... What happens to that document, assuming that it was discontinued? A. The document would be retained for six years -Q. And four months? A. -- and four months after the date of final payment. Q. Are they kept in the exact same location, the Laguna Beach and Washington, D.C. facilities that you mentioned, or are they placed somewhere else? A. They can be stored for sake of storage Page 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF for us in a federally-controlled storage facility. Q. Are those different from the Laguna Beach and Washington, D.C. offices that we discussed? A. Yes. Q. Where are those storage facilities? A. Those I don't know the address. Q. Okay. A. I would have to coordinate that with our Acquisitions Systems people who would arrange that for us. Q. If there's a modification to an IGSA... A. Correct. Q. Would it be kept in the same file as the original contract? A. Yes. Q. Is it ever incorporated into the document physically, or is it always on the SF30? A. I have seen it both ways, however, the SF30 is a standalone document, signed separately. Some have incorporated those changes into the base document to have a conformed copy. Q. Are there any standards for that? A. No. Page 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Is there any process for informing the public for any changes to existing IGSAs? A. Not that I'm aware of. Q. You stated earlier that within ICE there is an office called the FOIA Office, correct? A. Correct. Q. And you stated earlier that you had personally been involved with approximately twenty FOIA requests relating to government contracts, correct? A. At least, yes. Q. So let's walk through the process in which that occurs. If there is a FOIA request, where does that FOIA request go to, initially? A. I can't speak for where it goes to. I just know how I would receive it. Q. Okay, let's go with that. Someone in ICE, where does it go then? A. It would go to the Office of Acquisition Management Acquisition Policy Division. Q. Is that the first location, or would Page 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF they have gotten it from somewhere else? A. I don't know. Q. The FOIA office within ICE is part of ICE, correct? It's not a separate division or government entity? A. I believe they're part of ICE. Q. Once the Office of Acquisition Management receives the FOIA request, what happens next? A. You're talking about detention contracts, right? Q. Detention contracts. A. They would send a copy of the request, the FOIA request to the lead person of the Washington, D.C. office and the lead person for the Laguna office, simultaneously. Q. And that lead person would communicate the request to someone else, or what would happen next? A. At that point it would be determined who has cognizance of it. Is it Laguna or DC. Q. Alright. A. So if it's either one, at that point it would be assigned to the specialist, or multiple 41 (Pages 158 to 161) TSG Reporting - Worldwide 877-702-9580 Page 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF specialists required to gather the data, depending on what's the request. Q. What records are made of these various transactions? A. Records? Q. Strike that. Are there any documents created regarding the chain in which the FOIA request is submitted? A. It's transmitted to me or to the simultaneous leads of those sections, via E-mail. Q. Is it always E-mail or are there other processes? A. I haven't received anything other than E-mails. Q. From the moment that the FOIA request is given to the Office of Acquisition Management, how long does it typically take for the request to get to you? A. Personal knowledge, based upon the E-mail chains that I've seen, two days, one day. Q. Okay. A. Depending on the urgency. Q. Approximately what is the typical time Page 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF period from the date of request to the date of production? A. That's going to be depending on what's asked for and to what magnitude. Q. I mean, what do you think is typical? MR. OSWALD: Objection, vague. BY MR. ANDALMAN: Q. What is the typical time period? A. Again it depends on what's being asked for. If they're asking for a little bit of information, it would be one time. If they're asking for a lot, we may ask for extensions. Q. What's the longest it's ever taken in your experience? A. Personally? Five days, six days. Q. Okay. A. And that's from the time I receive it. Q. We talked briefly before about Memoranda of Understanding, and I think you testified that you didn't review any Memoranda of Understanding in preparation for this deposition. Is that correct? A. Correct. Q. Are you generally familiar with Page 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Memoranda of Understanding and Memoranda of Agreement as it relates to detention facilities. MR. OSWALD: Objection, asked and answered. You can go ahead. THE WITNESS: I thought we answered that earlier. To be honest with you. I don't deal with MOUs or MOAs. BY MR. ANDALMAN: Q. Do you know who would deal with that? A. That would be dependent on what was being asked, as far as the intention. I would have to refer that to ERO or even senior ICE leadership, as far as the ones that work out those things. Q. So it's fair to say you're not prepared to testify on any topic as it relates to Memoranda of Agreement or Memoranda of Understanding, correct? A. I have no knowledge of that. Q. And you have no knowledge in your capacity as a 30(b)(6) witness, correct? A. At this point, I don't know. Q. We discussed earlier contracts with Page 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF private contractors. I think the acronym was CDFs. Is that correct? A. That's one form, yes. Q. What are the other forms of contracts with private contractors? A. SP, Service Processing Centers. They're the government-owned facilities. We contract for guard services using FAR-based requirements. Q. But not as far as inmates at the processing centers? A. Excuse me? Q. Detainees are not -A. They guard the detainees at our government-owned facilities. Q. But as far as contracts with private contractors, as it relates to detainees, the one format is those CDFs, correct? MR. OSWALD: Objection, mischaracterizes his testimony. You can go ahead and answer. THE WITNESS: We contract with private companies who own a facility to do everything, and then we also contract with 42 (Pages 162 to 165) TSG Reporting - Worldwide 877-702-9580 Page 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF companies, Alaska Native corporations, as well, to do detention services, the guards, the bodies, at our Service Processing Centers we own. BY MR. ANDALMAN: Q. We may have gone over this, but just to clarify something in my head... When there is a contract with a private contractor, are they unitary over all the facilities that that private contractor deals with, that they cover, or they varied by facility or are they varied by field office? A. They are awarded based on facility. Q. So, for instance, one CCA facility in one part of the country may be governed by different terms in a CCA facility in a different part of the country. Am I understanding that correctly? A. They're individual contracts. They're not under one contract. Q. Would it be fair to say that the minority of the facilities are governed by contracts with private contractors? MR. OSWALD: Objection, vague. Page 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF You can go ahead and answer the question. THE WITNESS: As compared to? BY MR. ANDALMAN: Q. Well, out of the total sum of facilities -A. Okay. Q. Would you say that the majority or minority of facilities are governed by contracts with private contractors? A. As far as quantity? Q. Percentage. A. They are a minority. Q. If I as a member of the public wanted to determine whether a particular facility is covered by a contract with a private contractor, am I able to figure out that information? A. From where? Q. From ICE. A. Through a FOIA request? Q. Other than through a FOIA request. A. I would say you'd probably glean that from all the web pages as to all the detention centers, and that's me speaking. Page 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. But earlier you weren't familiar with that Website, correct? A. Are you talking about the FOIA or are you talking about the ERO where they list their facilities that I stated earlier. Two different Websites. MR. OSWALD: Exhibit 4. MR. ANDALMAN: Exhibit 4, excuse me. BY MR. ANDALMAN: Q. Can you refer to Exhibit 4. A. Okay. Q. Where on here would it show us that a detention center is governed by a contract with a private contractor? A. On this list it only addresses IGSAs. It doesn't list the rest of the facilities. Q. Are you aware of anywhere on that Website where you could find that information? A. I'm not, no. Q. And that's in your capacity as a 30(b)(6), as well, correct? A. As a contracting person, correct. Q. You testified earlier about the FAR requirements relating to document retention and Page 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF destruction. Did those relate to contracts with private contractors, as well? A. Yes. Q. So the six year and four month retention applies to those, as well? A. Correct. Q. When a contract is entered between a government and one of these private facilities, in what format is that contract in? Is it in a paper format or is it in an electronic format? A. It's in paper. Q. And the process wouldn't meaningfully differ between an IGSA and a private entity, correct? A. Correct. Q. Are there any differences that you're aware of? A. No. Q. Okay. A. Well, excuse me, let me ask you to clarify what you mean by "differences". Procedures? 43 (Pages 166 to 169) TSG Reporting - Worldwide 877-702-9580 Page 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Procedures. A. No. Q. What differences are there? A. An IGSA is non-FAR-based. It is Far like. Principals of FAR apply. It may not have all the clauses that a FAR-based contract has. Q. With regards to putting the paper documents in electronic format, are there any differences between how IGSAs are treated and these contracts are treated? A. No. Q. With regards to auditing, are there any differences? A. No. Q. With regards to server storage, are there any differences? A. Can you clarify? Q. When a contract with a private entity is formatted into electronic format, are there any differences on how that is stored on a server and how the IGSA, similarly formatted, is put on a server? A. No. Q. The security precautions for the Page 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF contracts for private facilities, is that the same security precautions as an IGSA? A. I'm not aware of any differences. Q. Is it maintained on the same server as IGSAs? A. I do not believe that they discern a difference. Q. With regards to the paper file, are they in the same file cabinets? A. They would be. Q. Are you aware of whether or not Memoranda of Understanding are in the same file cabinets? A. I'm not aware of any of those. Q. Are the private contracts provided to that Dallas facility, as well? A. Yes. Q. So there really are no differences on how the IGSAs are procedurally treated versus how the contracts with private entities are, correct? A. Not that I'm aware. Q. With regards to the FOIA process, is there any -A. Not to my knowledge. Page 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Would there be any differences at all? A. Not to my knowledge. Q. With regard to any contract as it relates to federally-owned facilities, would there be any differences with regards to any of those questions that I asked before? A. Shouldn't be. I'm not aware of any. Q. So they're stored and maintained in the same location? A. Yes. Q. Paper and electronically? A. For those that upload when they're supposed to, yes. Q. Outside of the evaluation process for the individual contract specialist, is there any oversight with regards to what percentage of the documents are actually being electronically formatted? MR. OSWALD: Objection, asked and answered. You can go ahead and answer. THE WITNESS: I have no knowledge of any set amount. BY MR. ANDALMAN: Page 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF Q. Are there any statistics on this that you're aware of? MR. ANDALMAN: Let's take a quick break. We're close to the end. (Recess taken.) BY MR. ANDALMAN: Q. I have literally one other question. You testified about the standard FOIA procedures with regards to the government detention contracts, correct? We talked about how FOIA would go through the process, correct? A. Received by me, yes. Q. Received by you, correct. Do you know if the FOIA procedures were followed with regard to the NIJC's FOIA request here? MR. OSWALD: Objection. That calls on his capacity as an individual, not in his capacity as a 30(b)(6) witness in this case. BY MR. ANDALMAN: Q. To the extent as a 30(b)(6) witness representing ICE, do you know? A. No. 44 (Pages 170 to 173) TSG Reporting - Worldwide 877-702-9580 Page 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF MR. ANDALMAN: Pass the witness. MR. OSWALD: We'll reserve. MR. ANDALMAN: I have no redirect at this point. MR. ANDALMAN: Reserve the right as to the errata you mean? MR. OSWALD: No, to sign. We will reserve. (Whereupon at 2:45 p.m. the deposition of Jerald Neveleff concluded.) _________________________ Signature of Deponent Page 175 NEVELEFF CERTIFICATE OF NOTARY PUBLIC I, Kim M. Brantley, the officer before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken by me in stenotype and thereafter reduced to computerized transcription under my direction; that said deposition is a true record of the testimony given by said witness; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken; and, further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of the action. Date: 2/10/2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________________________ Notary Public in and for The District of Columbia My Commission Expires: October 14, 2014 Page 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEVELEFF I N D E X DEPOSITION OF JERALD NEVELEFF EXAMINATION BY: PAGE: Mr. Andalman 5 INDEX OF DEPOSITION EXHIBITS: NEVELEFF EXHIBITS: PAGE: Exhibit 1. Notice of 30(b)(6) Deposition 53 Exhibit 2. Complaint for Declaratory and Injunctive Relief 66 Exhibit 3. FOIA library printout 98 Exhibit 4. IGSA Facilities Used by ICE FY2010 Website printout 101 Exhibit 5. 10/28/13 letter 118 Page 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NEVELEFF ERRATA SHEET FOR THE TRANSCRIPT OF: Case Name: NATIONAL IMMIGRANT JUSTICE CENTER vs. UNITED STATES DEPARTMENT OF HOMELAND SECURITY Dep. Date: JANUARY 29, 2014 Deponent: JERALD NEVELEFF Pg. ___ ___ ___ ___ ___ ___ ___ ___ ___ CORRECTIONS: Ln. Now Reads Should Read Reason ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ ___ ___________ _____________ ______________ _____________________ Signature of Deponent SUBSCRIBED AND SWORN BEFORE ME THIS____DAY OF_____________, 2014 22 23 24 25 _______________________ (Notary Public) MY COMMISSION EXPIRES:________ 45 (Pages 174 to 177) TSG Reporting - Worldwide 877-702-9580 Page 1 A AA (2) 17:3,4 ability (1) 7:6 able (20) 9:20 39:19 59:11 62:15,23 63:2,4,11 76:7 86:17 97:13 102:19 106:17,23 118:8 142:7 148:8 150:18,21 167:18 Absolutely (1) 7:15 academy (1) 16:22 access (15) 50:24 74:16,17,24 75:14,16,18,19,21 76:3,25 106:14 142:10 145:8,10 accessed (1) 119:10 Accountability (1) 137:5 accused (1) 43:24 ACLU (1) 42:4 acquisition (42) 10:22 29:24 35:17,19 38:9,13 40:5,9,20 41:9,19 48:25 67:23 69:16,22 71:7 73:14 73:15,24,25 74:4,5 81:13 82:8 90:9,10 100:8 115:21,25 123:6,19,22 141:3,4 141:5,8 143:13 151:24 160:23,23 161:8 162:18 Acquisitions (1) 159:11 Acrobat (1) 152:15 acronym (1) 165:2 Act (3) 45:19 58:7 135:11 acting (4) 32:13,17 33:11 52:24 action (3) 45:4 175:13,17 actions (1) 28:14 activities (1) 67:25 activity (2) 12:19 64:2 actual (4) 70:2 120:4 135:9 144:9 AD (1) 52:24 added (1) 28:2 address (26) 55:3 56:20,23 57:2 60:6,7,22,24 61:3,7 61:11,14,21,24 62:9 62:11,15 63:7,11 90:13 99:3 104:20 112:14 113:14 115:7 159:8 addressed (1) 58:6 addresses (1) 168:16 addressing (1) 86:3 adjudicate (2) 127:18,19 adjusting (1) 27:17 administration (7) 21:4 26:20 27:17,19 28:19 29:14 146:20 administrative (1) 29:11 Adobe (1) 152:15 adult (3) 17:8,10 20:10 advise (1) 149:10 advised (1) 149:7 affect (3) 120:25 122:15 124:12 affiliated (1) 10:19 afternoon (1) 96:8 agencies (2) 75:11 139:14 agency (5) 53:15,18 56:6 65:17 97:19 agent (1) 64:25 ago (4) 38:10 115:14,14 145:17 agree (1) 156:13 agreeable (1) 68:3 agreed (2) 78:9 128:14 agreement (19) 67:21 68:3 69:6 77:22 77:25 78:8,10 94:4 100:12 111:9 120:12 121:14 122:4 124:8 156:11 157:12,25 164:3,19 agreements (37) 26:13,18 27:12 28:24 49:22 51:8 59:17 67:9,10,11,15,16,17 69:3,10 70:18,25 77:16,19 84:9 93:4 93:6,9,18,25 95:4 96:10 100:21 101:18 102:10 103:19 108:24 110:20 111:16 119:14 155:24 156:22 Agreement/Unders... 111:21 agrees (1) 156:23 ahead (30) 44:10 47:11 49:15,20 51:21 52:13 53:25 60:10,12 65:19 70:11 72:2,22 73:3 89:22 99:6,21 100:25 101:14 102:13,22 119:25 125:24 133:3 134:18 138:25 164:5 165:22 167:2 172:21 airport (1) 42:18 Alameda (1) 23:24 Alaska (1) 166:2 aliens (1) 31:6 alleged (1) 43:7 allows (2) 63:23 64:10 alphabetically (1) TSG Reporting - 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Worldwide 134:14 bat (1) 102:21 Batavia (1) 83:5 Bay (1) 33:20 Beach (2) 158:22 159:4 bed (4) 29:11,14 94:7,8 bed-day (2) 27:17 157:8 began (1) 51:24 behalf (32) 3:5,14 36:17 53:14,18 55:4 56:21,24 57:6 57:13 58:24 59:12 60:22,25 61:5,8,12 61:15,22,25 62:4 63:2,9,24 64:10,21 65:16 88:8 89:17 90:13 106:17 156:23 believe (27) 14:3 23:8 30:19 37:9 41:10 42:25 43:23 44:3 82:13 97:18,19 100:6,9 113:4 116:4 116:4 117:3,19,22 120:15 124:21 132:15 140:19 151:21 155:21 161:7 171:7 better (1) 125:3 beyond (7) 71:22,25 72:19 104:16 137:16 138:16 155:20 bilateral (1) 121:7 bills (1) 157:5 bind (10) 36:12 63:21,23 64:10 64:13,15,18,23,25 126:8 binding (2) 64:20 156:24 binds (1) 64:23 bit (4) 17:17 38:8 97:11 163:11 877-702-9580 Black (1) 42:23 bodies (1) 166:4 book (1) 69:17 books (1) 68:19 bottom (2) 100:11,13 bought (2) 34:25 35:6 branch (1) 22:4 Brantley (3) 1:24 2:11 175:3 break (12) 7:4,18,21 38:3 41:21 57:23 92:25 95:22 95:23 118:9 149:4 173:5 Brief (5) 54:2 57:24 110:12 118:17 149:5 briefly (1) 163:19 bring (1) 11:20 Broward (1) 80:18 build (1) 130:6 building (1) 142:9 business (5) 17:13 54:16 56:17 104:23 131:25 buying (2) 30:8,17 C C (3) 5:2 84:18 87:15 cabinet (6) 50:15,17 90:20 142:8 144:2 148:6 cabinets (9) 50:24 91:14 142:13 144:8,9,11 145:11 171:10,14 California (1) 23:24 call (12) 20:10 31:5 42:11,24 68:9 72:11 74:11 76:13 82:13,14 Page 3 called (11) 5:4 18:20 29:25 31:12 33:16,18 42:16 53:9 73:13,22 160:6 calling (3) 49:14 52:3 79:4 calls (4) 46:17 65:15 102:24 173:19 capabilities (1) 35:13 capacity (17) 28:12 29:13 30:3,6 32:8 34:14 41:22 42:5 44:22 86:5 88:7 110:23 137:12 164:23 168:21 173:20,21 car (1) 18:8 card (2) 142:10 145:10 care (1) 56:14 case (8) 1:6 58:21 59:2,25 60:5 70:10 173:21 177:3 case-by-case (1) 85:8 category (1) 82:22 caused (1) 22:18 CCA (4) 80:9,20 166:15,17 CDF (4) 82:12 84:6 87:10 88:17 CDFs (10) 81:2,4,25 82:2,6 83:20 84:2,10 165:3 165:19 center (20) 1:7 4:5 10:13 19:14 25:6 39:15 42:8,10 42:11 45:4 79:18 80:2 113:12,15,16 120:6 130:3,5 168:14 177:3 centers (14) 25:7,8,14,16,25 26:7 42:7 58:11 68:13 80:19 165:7,12 166:4 167:25 central (3) 62:6 72:17 140:17 Centro (1) 83:6 certain (27) 10:7,9,14 13:20 30:7 30:17,17,21 31:6 36:13 39:4 41:4 45:22 48:14 78:25 83:8 87:21 105:12 114:11 117:17,25 118:5 141:19,19 149:15 150:2 155:23 CERTIFICATE (1) 175:2 certify (1) 175:5 chain (3) 126:16 130:19 162:9 chains (1) 162:22 change (10) 22:24,25 23:18,19 24:9 77:24 153:18 157:11,14 158:7 changed (3) 133:9 134:5 157:20 changes (10) 77:18 120:18 127:8 127:15,16,24 157:23 158:9 159:22 160:3 channel (1) 151:24 characteristics (1) 88:6 charged (1) 44:24 CHARLES (1) 4:11 chart (1) 102:11 check (2) 122:2 147:3 checklist (3) 146:11,13,18 Chicago (2) 3:9,19 Chief (5) 4:8 30:24,25 31:17,22 children (1) 26:2 chooses (1) 142:25 circuit (1) 111:5 circumstances (8) 54:14,22 56:13 61:18 62:5,20 77:12 130:13 city (4) 20:18 67:17 94:3 113:16 clarify (8) 13:11 58:2,17 92:3 135:21 166:8 169:24 170:18 class (2) 89:10 90:15 classes (1) 53:24 classified (4) 90:23 97:4 114:16 126:18 CLAUDIA (1) 4:4 clauses (1) 170:7 clear (3) 6:13 17:6 25:13 clearance (3) 14:20,22 74:24 clearly (6) 40:3 72:25 104:21 130:10 131:25 138:23 clerical (1) 48:13 close (3) 146:21 152:24 173:5 coast (4) 21:11,13 22:2 141:22 code (3) 112:25 113:5,18 cognizance (11) 10:12 29:4 33:13 37:25 52:23 53:2 89:13 120:19 130:2 141:20 161:22 cognizant (2) 26:12,15 collateral (1) 43:21 collecting (1) 47:6 college (9) 15:23 16:2,5,9,11,13 17:2,7 18:16 Columbia (2) 2:13 175:24 column (9) 112:8,14,15 113:11 TSG Reporting - Worldwide 113:14,15,20 114:14,23 comes (3) 39:13 67:22 78:16 coming (1) 106:16 Command (6) 20:16,22 22:10 23:11 23:12 64:8 commenting (1) 133:24 comments (6) 126:10 127:2,5,18,24 136:9 Commission (2) 175:25 177:23 commodities (4) 31:16,22 32:2,3 commonalities (1) 85:4 communicate (1) 161:18 community (4) 16:9,25 17:22 18:16 companies (4) 81:9 82:4 165:24 166:2 company (5) 18:20,24 152:4,6,8 compared (1) 167:4 comparison (2) 102:20,20 competed (3) 81:14,16,21 competent (1) 107:18 Complaint (3) 66:16,23 176:10 complete (4) 82:8 100:20 121:25 138:21 component (1) 64:12 composition (1) 107:10 Compound (1) 125:22 compromised (1) 148:2 computer (1) 76:2 computerized (1) 175:9 concerning (7) 54:14,22 56:13 61:18 877-702-9580 62:4,5,20 concluded (1) 174:11 condition (1) 41:5 conditions (3) 39:5 77:25 128:14 confidence (2) 151:13,15 conform (1) 39:15 conformed (1) 159:23 confused (1) 150:5 confusing (8) 6:18 44:9 102:12 110:3,15 143:8,20 157:2 Congress (1) 137:18 congressional (1) 46:19 connection (3) 56:15 85:25 97:23 considered (1) 21:14 consistent (1) 112:12 contact (7) 48:17,24 67:24 115:5 126:8,24 128:16 contained (1) 109:5 contains (1) 144:2 content (2) 70:25 125:8 contents (1) 125:5 context (5) 14:13 58:17,24 59:25 68:13 continue (3) 52:11 131:2,13 continuing (3) 17:8,10 72:18 contract (86) 20:19,25 21:8 22:12 23:13 26:20 27:8,15 28:18 36:14,24 37:3 39:13 41:5 43:9,10 43:14,17,22,25 44:7 44:13,16 48:21 50:3 50:8 51:3,5,6 59:21 68:7 69:12,22 76:23 Page 4 77:6 79:5 80:7 81:4 81:7 84:22 85:2 87:14 88:23 91:15 91:16 93:4 120:4 123:25 127:25 128:6,22,25 129:10 129:13,21 132:23 133:22 135:23 136:16 138:7 142:17,19 145:2,11 145:22,23 147:9,13 147:15 149:13 150:10,20 159:16 165:9,23,25 166:9 166:21 167:17 168:14 169:9,11 170:7,19 172:4,16 contracted (1) 88:22 contracting (45) 10:17,18 12:18 21:4,7 21:18,25 23:15 25:10 27:5 28:14 29:16 35:21,22 36:7 36:8,8,9,11 38:21 42:5 43:12,15 44:11 56:9 64:2 66:5 67:23 74:19,22 88:15 89:15 127:2 128:19,19 129:7 130:23 138:6,17,22 140:4 144:16 153:11 154:6 168:23 contractor (4) 166:10,11 167:17 168:15 contractors (9) 79:2 81:16,20 165:2,6 165:18 166:24 167:11 169:4 contractor-operate... 81:10 contractor-owned (1) 81:10 contracts (79) 21:19,24,25 25:6,20 25:21 28:23 30:4 35:6 39:5 49:22 52:19 54:15,24 55:11,22 56:7,16 58:10,20,25 60:4,6 61:20 62:7,10,12,21 63:8,9,12,22 64:5 64:15 65:6,14,24 66:13 69:25 70:2 71:24 78:17 79:9,24 80:3,14 81:9,15,20 82:4 84:3,6,11 85:18 87:10 95:20 104:6 106:24 117:2 117:8,11 119:23 128:7 130:14 160:11 161:12,13 164:25 165:5,17 166:20,24 167:10 169:3 170:11 171:2 171:16,21 173:11 Contracts-created (1) 112:18 contractual (3) 28:20 108:19 123:7 control (4) 104:25 106:5 142:10 145:8 controlled (3) 37:11 77:17 150:13 controls (1) 104:6 converted (1) 148:13 coordinate (1) 159:10 copies (4) 49:21 133:11 135:17 140:12 copy (22) 41:6 71:10 72:14 76:10 77:8 118:8,10 118:12 121:25 129:24 130:4 132:19 134:5,24 135:3,6,22 140:11 156:14,21 159:23 161:14 corporations (2) 80:8 166:2 correct (172) 9:17 11:18 13:5,15 14:5 18:13 19:9 20:12 33:25 34:12 34:22 35:7,17,18 36:2,4,5 38:10 43:18 44:2,8,20 48:10 52:25 53:4,5 53:10,11,19,20 54:8 54:9,16,17 55:13,14 57:10,11,14,15,18 62:13,14,17,18 64:14 65:3 66:21 67:9,12 68:22 70:2 70:18 72:10 79:2,3 80:10 81:5,17,24 85:13,14 87:7,8 89:19 91:11,12,15 91:23 92:8,9,10,14 95:5 96:11,12,22 98:11,15,21 103:7 103:20 108:4 109:14 111:11 112:4,5,6,7 115:17 117:10,14,17,18,21 118:2,3,6,22,23 119:15 121:10,11 122:15,20,21,23,24 123:2 124:20 125:17 135:12,24 136:10 137:24 140:6,7,14 141:23 142:3,5,25 143:3,4 143:7,12,15 144:16 144:17 145:3 146:5 146:6,24 147:19 148:25 149:8 151:20 152:4,5,20 153:2,15,16 154:12 154:13,25 155:2,24 155:25 156:3 157:16 159:14 160:7,8,12 161:5 163:23,24 164:20 164:23 165:3,19 168:3,22,23 169:8 169:17,18 171:21 173:11,13,15 correction (3) 7:5 55:7 110:16 Corrections (2) 80:8 177:8 correctly (1) 166:19 correspond (2) 102:10 103:7 corresponds (1) 102:6 cost (4) 18:22 19:18,19,20 counsel (8) 5:4,8,21 6:4 117:21 149:7 175:12,15 count (2) 114:10,11 country (5) 26:14 28:4 33:24 166:16,18 counts (1) 94:23 county (7) TSG Reporting - Worldwide 59:18 94:3 114:2 120:6,13 126:6 158:11 couple (5) 5:17 33:3 92:23 96:12 111:6 course (6) 54:16 56:17 57:22 89:10 104:23 131:25 court (5) 1:2 2:11 54:4 131:16 132:8 cover (2) 158:8 166:12 covered (9) 11:7 33:19 95:16 97:14 115:23 116:2 131:20 132:2 167:17 Craig (11) 3:15 10:25 52:8 58:12 58:12 59:3 60:16 72:23 101:8 106:21 131:15 create (3) 69:12 70:22,25 created (6) 9:2 73:22 105:21,23 117:7 162:8 creates (1) 148:7 creating (3) 70:19,20 72:8 creation (4) 69:2,10 71:24 107:2 criminally (1) 44:24 criteria (1) 150:23 cross-examination (... 58:13 Crystal (1) 20:18 CSR (1) 1:24 curious (1) 16:23 current (7) 17:23 32:19 37:21 39:6 45:3 65:11 117:6 currently (6) 5:13 125:14 127:17 145:15 153:3 154:10 877-702-9580 custody (4) 106:4 126:16 130:19 137:20 customers (3) 28:15 38:15 74:21 Customs (24) 1:12 4:9,12 24:18,22 55:12,15 56:21 57:3 58:8,9,22 59:10 63:24 64:11,22 65:2 66:11 69:21 73:23 104:8,14 111:15 130:17 D D (5) 5:2,3 84:18 113:23 176:2 Dakotas (1) 33:20 Dallas (14) 130:5,7 132:20,24 133:12 135:22 139:18,22 140:2,8 140:11,20 141:10 171:17 dash (2) 67:3 87:15 data (9) 46:4,7,17,17,24 48:16 51:25 148:14 162:2 databases (2) 75:17,19 date (13) 27:21 41:16 117:24 120:5 121:4 122:5,6 133:7 158:19 163:2 163:2 175:18 177:5 dated (1) 58:5 dates (2) 43:5 133:14 day (3) 114:11 162:22 177:21 days (3) 162:22 163:16,16 day-to-day (1) 71:17 DC (8) 1:19 2:11 32:16 141:15,17 147:12 147:21 161:22 deal (9) 27:6,7 60:16 65:5 71:23 93:23 130:24 164:8,11 Page 5 dealerships (1) 18:8 dealing (2) 60:2 131:5 deals (1) 166:11 dealt (3) 83:19,22,25 Dearborn (1) 3:18 debate (1) 59:4 DEBBIE (1) 4:7 decide (1) 35:5 decisions (2) 35:23 132:4 Declaratory (3) 66:16,24 176:10 dedicated (3) 113:24 114:4,5 Defendants (2) 1:14 3:14 Defense (1) 19:13 defer (3) 25:18 114:15 154:5 define (1) 37:25 degree (5) 16:15 17:2,3,4,12 Dentons (2) 2:10 3:7 Denver (1) 80:18 Dep (1) 177:5 department (20) 1:10 3:17 19:13 45:5 55:16,18,24 56:3,5 56:6,24 57:6 59:8 60:25 61:8,15 63:22 64:16 137:2 177:4 dependent (1) 164:12 depending (4) 150:9 162:2,24 163:4 depends (3) 128:24 150:25 163:10 deponent (8) 53:9,13 104:13 106:13 107:8 174:19 177:6,20 deposed (1) 5:15 deposition (51) 1:18 2:9 5:19 8:13 9:17,22 11:23 12:2 12:20,25 13:5,19 14:10,14,18 49:4,14 53:21,22 54:8 58:18 59:7 65:18 66:17 71:23 72:20 96:4 98:4 101:11,24 104:17 107:13 117:16 118:18 119:2,17 120:7 130:11,22 131:21 138:24 149:9 163:22 174:10 175:4,6,10,13 176:3 176:7,9 Deputy (10) 26:11 28:3,7 30:3 31:15 32:12,25 34:9 34:17 65:21 dereliction (2) 43:8,24 describe (2) 81:6 98:7 designated (6) 53:9 58:19 62:25 67:24 74:19 106:18 designating (1) 115:4 designation (2) 107:8 137:17 designations (1) 107:12 desks (1) 51:2 destruction (1) 169:2 det (1) 112:15 detail (1) 114:15 detailed (1) 113:22 details (6) 23:20 25:9 31:9 44:4 78:18 79:23 detainee (1) 94:13 detainees (10) 68:21 93:7,17,21,21 93:24 114:5 165:14 165:15,18 detention (76) 10:9,12,15,16 25:6,7 25:8,14,16,25 26:2 26:7,11 32:11,16 39:15,25 40:21 42:7 42:8,10 54:15,23 55:10 56:10,16 58:11 61:20 62:7,9 62:12 63:9,12 65:5 65:13,24 66:14 68:2 68:4,7,7,14,15,17 68:23 69:15 75:14 76:6 78:17 79:3,18 80:2,15,19 81:4,7 83:23 85:12,17 97:20 113:4,11,15 113:16 115:11 117:11 120:6 130:3 145:2 161:11,13 164:3 166:3 167:24 168:14 173:11 detention-related (1) 94:11 determination (1) 83:11 determine (3) 92:7 97:14 167:16 determined (3) 29:10 141:16 161:21 determining (4) 29:14 34:15 82:11 83:7 developed (1) 69:24 Developing (1) 40:2 Development (8) 12:9,10,11,13,14 32:25 34:11 100:5 DHS (28) 31:2,7 37:2,12 55:4,9 55:10,22,24 56:5,7 56:9 59:12,18,20 61:25 62:13,16 63:5 63:13 64:4,9,12,13 64:24 75:12 89:10 137:10 DHSIG (2) 136:24,25 dictated (1) 124:11 dictates (3) 84:17 103:25 139:5 dictating (2) 105:12 143:18 Diego (1) 80:18 differ (4) 14:23 25:9,15 169:16 TSG Reporting - Worldwide difference (3) 93:11 114:3 171:8 differences (11) 169:19,24 170:4,10 170:14,17,21 171:4 171:19 172:2,6 different (14) 29:24 40:13 66:12 76:2 103:17 113:25 125:9 129:2 140:20 146:21 159:3 166:17,17 168:6 differently (1) 76:4 digital (1) 125:15 direct (3) 34:4 36:3 82:3 directed (2) 58:5 121:22 direction (1) 175:9 directly (1) 46:4 director (15) 12:8 26:11 28:3,8 30:3 31:15 32:12,14 32:18,19,25 33:5 34:9,17 65:22 discern (1) 171:7 discharge (1) 16:18 disclosed (1) 45:23 discontinued (1) 158:15 discretion (2) 143:6 146:23 discuss (7) 12:21,24 14:10 62:24 63:2,4 131:17 discussed (11) 11:23 12:25 13:3,3 63:18,19 113:21 117:13 154:2 159:5 164:25 discusses (1) 59:16 discussing (2) 14:13 96:17 Discussion (1) 103:14 discussions (4) 153:21,22,25 154:15 disk (1) 877-702-9580 148:17 dismissed (3) 41:16 43:3,4 distinction (1) 55:9 distributed (1) 123:18 distribution (5) 108:9 116:18,19,21 135:8 District (4) 1:2,3 2:12 175:24 divided (1) 145:11 division (13) 1:4 4:8 29:25 31:12 31:18 32:5,12 40:16 50:20 69:16 74:5 160:24 161:5 divisions (4) 31:23 38:14 78:23 145:24 document (71) 9:23 11:3 48:3 67:3 73:8,10,22 75:5 76:5 77:15 91:19 93:14 100:24 102:5 105:20,21,23 106:3 106:5,10,13 107:2 107:18 108:13,17 108:19 109:5,24 112:18 115:18,22 120:14 121:21 122:4,8,10,11,12,14 122:15,22 123:2,18 124:10 125:3,6,8,13 126:15,18 127:8,12 128:10,18,20,23 132:20 133:23 135:9 140:17 148:23 150:10 151:11 152:20 156:12 158:14,16 159:19,21,23 168:25 documentation (1) 76:16 documented (2) 76:21 158:7 documents (72) 8:12,15,18 11:16,20 21:7 24:12 36:20,22 48:3 49:5,23 50:2 75:20 77:8 78:25 82:23 83:22,25 85:11,15,22,23 Page 6 88:25 89:3,19 90:17 91:11 92:8,17,18,21 93:10 99:14 104:11 105:2,8 108:4,7 109:13,14 112:2,9 115:9 116:10 117:17,19 121:17 123:7 125:11 130:25 136:14 138:19,20 144:20 144:23 150:7 152:12 154:4,8,11 154:16,20,24 155:5 155:5,11,14 156:19 162:8 170:9 172:18 doing (8) 14:20 21:24 46:24 47:20 76:9 129:16 136:4 143:21 dollars (2) 129:9,11 Don (1) 42:9 draft (1) 125:21 drafted (2) 11:15 125:19 drive (4) 3:8 71:11 74:13,14 DRO (1) 105:25 drove (1) 18:8 duly (2) 5:5 175:6 duties (2) 29:14 33:9 duty (3) 43:8,21,24 DuVal (1) 15:12 D.C (12) 22:3,5 141:7,25 142:2 144:18,20,24 148:10 158:22 159:4 161:16 E E (9) 5:2,2,3,3,3,3 96:3,3 176:2 earlier (23) 13:4 52:25 57:9 70:16 72:7 91:8 96:17 108:3 109:12 113:21 115:19 117:13,15 122:25 146:4 155:22 160:5 160:9 164:7,25 168:2,6,24 earliest (1) 136:5 easier (1) 101:10 EASTERN (1) 1:4 Ed (1) 23:7 edited (1) 9:16 edits (1) 136:8 education (4) 17:9 20:10,12 26:3 educational (1) 15:8 effect (3) 121:4,5 124:19 effective (2) 27:22 44:6 efforts (1) 26:21 eight (4) 20:23 34:17 36:3 120:22 either (11) 6:11 90:21 121:8 122:13 127:23 147:20 148:3,16 155:9 158:7 161:24 El (5) 83:5,6 120:6,13 158:11 electronic (21) 50:9 71:12 124:9 127:8 148:13,16,25 149:12 150:6 153:4 153:19,20 154:3,11 154:16,20 155:11 155:14 169:13 170:9,20 electronically (9) 50:13,13 149:15,23 151:11 152:25 153:8 172:12,18 elements (1) 19:20 Elizabeth (1) 80:18 employed (4) 17:21 23:3 175:12,15 employee (1) 175:15 employees (2) 123:18,21 employment (1) 17:18 encompassed (1) 20:9 enforce (1) 27:15 Enforcement (26) 1:13 4:9,12 24:18,22 55:13,15 56:21 57:3 58:8,9,22 59:10 63:24 64:11,22 65:2 66:11 69:21 82:20 104:8,14 105:24 111:15 129:25 130:18 engineering (2) 31:13,18 enlisted (4) 16:16,17,24,25 enter (1) 68:3 entered (4) 67:21 77:7 78:20 169:9 enters (5) 56:8 76:24 100:22 123:25 124:7 entities (5) 61:19 67:18 80:14 93:19 171:21 entitled (1) 131:6 entity (9) 57:14 80:6 84:12 85:3 150:14 153:11 161:6 169:16 170:19 ERIC (1) 3:6 ERO (21) 40:20 82:18 105:25 106:9,16,23 107:2,3 107:3,4,14,20 108:21 112:25 114:16 115:18 116:9 140:15,16 164:14 168:5 EROs (1) 38:22 errata (2) 174:7 177:2 escalate (1) 23:25 TSG Reporting - Worldwide ESQUIRE (5) 3:6,15 4:4,7,11 estimate (1) 94:21 ethical (3) 22:20,21,21 evaluates (1) 44:6 evaluating (1) 21:5 evaluation (3) 149:25 150:23 172:15 evaluations (1) 150:4 everybody (2) 90:9 149:18 evidence (1) 127:16 exact (6) 20:7 27:21 44:4 46:10 85:2 158:21 exactly (7) 13:3,9 34:24 37:25 114:10,12 118:7 EXAMINATION (2) 5:8 176:4 examined (1) 5:6 example (4) 48:13 64:7 113:23 146:2 examples (1) 39:19 exceed (1) 120:25 Excel (6) 8:19,22 9:2,3,7 11:13 exception (3) 26:19 126:11 127:22 exceptions (2) 127:18 129:6 excuse (17) 10:8 12:9 23:15 42:10 50:18 51:10 77:11 81:18 95:3,8 116:5 116:8 122:16 142:20 165:13 168:9 169:23 execute (3) 21:7 36:16 128:20 executed (4) 27:9 44:7 75:10,15 execution (1) 148:12 exercised (1) 56:14 877-702-9580 exhibit (44) 53:22 54:5 59:4,16 66:18,21 75:5 80:24 98:2,4,7 101:25 102:4,7,9,16 103:18 105:15,17,18 108:22,22 109:4,18 109:19,20 111:25 118:19,22 120:7,11 120:11,23 121:13 122:7 158:12 168:8 168:9,11 176:9,10 176:12,13,15 EXHIBITS (2) 176:7,8 exist (3) 66:13 72:14 129:4 existed (1) 27:14 existence (4) 87:24 134:8 135:23 136:6 existing (2) 117:2 160:3 exists (6) 18:21 69:20 86:10,22 88:13 139:9 expected (1) 129:10 experience (5) 25:23 86:4 92:15,16 163:15 experienced (1) 92:21 expert (1) 53:16 Expires (2) 175:25 177:23 explain (1) 127:21 explained (2) 37:24 45:15 explaining (1) 5:18 extended (2) 121:7 158:13 extension (5) 121:9,13 122:14,19 122:24 extensions (3) 122:3,9 163:13 extent (12) 10:25 11:6 59:2,11 60:15 63:8 131:22 132:11 142:6,7 152:12 173:23 Page 7 E-mail (10) 76:13,18 90:7 126:21 126:21 127:13 148:18 162:12,13 162:22 E-mailed (1) 126:19 E-mails (2) 127:24 162:16 F F (3) 5:3,3 96:3 FAC (1) 87:15 facilities (63) 10:9,16 27:2 28:25 40:22 66:14 75:15 76:7 79:3,8 80:15 81:4,10 82:24,25 83:10,23 84:20 85:12,19 88:4,16,23 94:20 95:7,10,16 97:21 101:23 102:7 102:11 108:25 109:25 113:2,8 114:16 115:23 116:2 118:2,5 119:10 143:3,5,19 144:5 146:5,23 147:21 158:23 159:7 164:3 165:8 165:16 166:11,23 167:7,10 168:6,17 169:10 171:2 172:5 176:13 facility (31) 10:15 39:25,25 42:12 42:13 67:24 71:2,4 81:7 83:8,12 84:12 94:13 97:14 113:21 114:6,25 120:13,17 126:3 145:22 147:21,22 159:2 165:24 166:12,14 166:15,17 167:16 171:17 facility's (3) 43:14 44:12 128:16 facts (7) 54:14,22 56:12 61:17 62:5,19 130:13 fail (1) 44:15 failed (1) 116:9 failure (2) 43:9,24 fair (21) 6:23 19:23 53:25 59:22 60:11 70:4 73:2 74:13 85:24 87:5 95:15 101:21 111:6 115:20 122:13,18 132:14 134:17 153:7 164:17 166:22 fairly (2) 76:14 112:9 familiar (7) 45:3,18 79:12,23 81:2 163:25 168:2 familiarity (1) 66:12 families (1) 25:15 family (4) 25:5,7,14 42:12 far (43) 25:17 39:23,24 46:18 68:6 69:6,7 75:25 80:3,21 84:14,15,17 85:23 86:15 87:2,3 89:2,6,12 90:16,23 91:2,5 105:8 108:20 110:20 115:4 123:3 123:4,4 133:6 141:12 155:13,15 164:13,15 165:11 165:17 167:12 168:24 170:5,6 FAR-based (4) 81:8,11 165:9 170:7 FAR-FAR15 (1) 82:9 father (1) 18:24 February (2) 25:2 26:9 federal (10) 73:24 75:11 81:13 82:7 83:12 94:2 123:6,19,22 142:9 federally (2) 83:9 145:4 federally-controlle... 159:2 federally-owned (7) 82:23,25 83:10,23 85:12 88:4 172:5 feel (8) 60:8 86:7 88:10 92:2 106:8,19 107:5 149:9 fell (1) 30:8 felt (1) 131:18 females (1) 42:17 field (38) 21:18,23 28:8,15 29:3 32:13 33:10,13 52:19,22 66:6,9 84:19,21,23,25 85:10 114:24 130:2 140:13,15,16 141:19 142:17,19 142:22,23,24 143:2 143:5,12,18,21 144:3 145:19 156:10 157:6 166:13 field-office (1) 84:13 fifteen (1) 62:11 fifth (1) 82:22 fifty (1) 95:2 figure (4) 46:10 56:2 94:24 167:18 file (25) 24:12 50:15,17 91:14 128:2,3,5,6 130:6 136:9,15 138:7 139:6,9 142:8,13 144:2,8,10 145:11 148:6 159:15 171:9 171:10,13 filed (4) 50:12 51:13 138:5 142:18 files (26) 50:3,3,8,9,11,14,23 51:15,18 91:20 136:14 140:3 142:5 142:14 143:11 144:3 145:2,22 146:8,12 147:5 148:6,8,15 149:12 149:22 filing (3) 147:6 149:15 150:6 fill (3) 47:5 48:10,11 TSG Reporting - Worldwide final (5) 123:8,11 128:10 155:19 158:20 finalized (4) 125:21 127:25 133:22 135:23 Finance (7) 130:5 132:24 135:22 139:18,22 140:2,21 financially (1) 175:16 find (6) 6:18 41:4 103:4,6 148:7 168:19 fine (5) 52:12 94:21 105:3 151:13,14 finished (1) 20:12 fire (1) 147:20 first (15) 5:5 18:4 24:21 37:19 51:24 57:20 59:7 96:15 105:16 107:9 112:15 131:15 145:7 148:5 160:25 first-level (9) 33:9 37:16 51:14 65:22 66:4 71:17 91:17,20 92:6 fiscal (5) 101:18 105:22 108:13 108:25 110:2 fit (1) 51:16 five (12) 38:9 46:9 47:9 51:7 54:11 57:17 59:20 67:4 78:2,3 113:25 163:16 flexible (1) 17:11 flood (1) 147:24 floor (2) 145:7,9 Florence (1) 83:6 Florida (1) 33:20 FOIA (58) 45:12,13,16 46:18 47:2,2,8,15,18,21 47:22,24 48:6,9,18 48:22 49:5 51:25 877-702-9580 58:4,7 60:2 63:20 91:10 97:13 98:3,9 99:24 104:4,18 118:6 119:10 122:6 122:19 134:5,25 135:3,7,10,13,17 160:6,11,16,17 161:4,9,15 162:9,17 167:21,22 168:4 171:23 173:9,12,16 173:17 176:12 folks (1) 40:6 followed (7) 69:12 113:17 124:13 124:24 125:2 158:4 173:17 following (1) 62:4 follows (2) 5:7 96:6 forbidden (1) 70:9 force (1) 131:7 foregoing (2) 175:4,6 form (13) 47:5 48:11,13 71:14 84:11,14,15 123:25 125:13,16 158:5,9 165:4 formal (3) 86:15 87:13 117:4 format (20) 5:22 70:25 71:20 87:3 124:9,11,25 125:4 127:4 137:25 148:16,25 152:11 153:15 165:19 169:11,12,13 170:9 170:20 formats (1) 148:13 formatted (3) 170:20,22 172:19 format/template (1) 124:13 forms (1) 165:5 forth (2) 35:9 136:9 forward (3) 41:11 86:20 96:14 fought (1) 131:13 Page 8 found (1) 147:15 foundation (9) 86:9 88:13 98:16 99:19 100:23 102:13 116:15 119:24 121:15 four (11) 28:4 59:20 80:23 84:23 123:8,10,11 155:18 158:18,19 169:6 free (8) 60:8 86:7 88:10 92:2 106:8,19 107:5 149:9 freedom (6) 26:3 45:19 46:2,15 58:7 135:10 front (3) 75:6 80:24 113:23 full (1) 121:25 further (4) 38:6 67:19 96:5 175:14 furthermore (2) 119:7,9 FY2010 (3) 101:23 102:7 176:14 F-A-C (1) 87:15 F-A-R (1) 155:14 G G (1) 5:2 game (2) 59:22 73:2 GAO (1) 139:16 GAOIG (3) 137:4,5,13 gas (1) 18:7 gather (6) 47:17 49:25 50:2 52:18 53:5 162:2 gathered (6) 47:24 49:8,11,21 52:21 91:11 gathering (4) 45:7 47:19 49:5 51:25 general (9) 11:6 17:5 25:16 41:21 66:12 91:22 124:25 137:6 153:5 generally (9) 21:9 23:21 45:18 67:21 72:23 90:14 108:12 141:21 163:25 General's (1) 137:3 generic (1) 96:25 GEO (3) 80:12,13,20 getting (3) 70:8 72:21 88:6 GHA (1) 139:16 give (10) 39:19 53:18 54:18 57:5,13 58:14,15 116:10 131:11 156:19 given (4) 46:22 130:23 162:18 175:11 gives (2) 49:17 52:5 giving (1) 6:22 glean (1) 167:23 go (81) 10:11 17:17 20:14 21:10,11 22:7,18 24:17 26:9 32:10 35:9 40:25 44:10 47:11 49:15,20 50:2 51:20 52:13 53:25 59:19 60:9,12 64:4 65:19 70:11 72:2,22 73:3 75:3 76:9 78:17 80:22 89:22 89:25 92:23 93:3 99:6,21 100:11,25 101:4,14 102:13,22 103:10,12 105:15 108:22 110:7 111:25 113:7 114:9 114:15 118:15 119:25 125:24 129:22,23 131:13 133:3,12 134:18 138:25 140:9,12 141:17 147:3 148:15 151:21,25 153:15 160:17,20 160:21,22 164:5 165:22 167:2 172:21 173:12 goes (10) 71:21 84:17 90:8 100:16 125:21 126:23 138:15 140:11 141:13 160:18 going (27) 5:17 8:5 11:2 12:24 13:9 14:2 15:7 18:25 37:19 42:17 48:18 49:17 52:5 60:20 63:18 72:24 75:13 97:25 100:17 102:4 105:16 131:2 131:3,12,24 132:5 163:4 good (6) 20:3 40:4 79:7 96:8 97:10 150:21 gosh (2) 16:11 33:21 gotten (2) 110:17 161:2 governed (4) 166:16,23 167:10 168:14 government (45) 4:8 10:20,21,23 19:10 19:12,21 36:12,17 38:16 54:15,23 56:16 59:13 61:20 62:7,12,21 63:9,12 64:15,19,19,23 65:5 65:13 66:13 68:12 71:24 80:3,14 85:19 93:3,19 94:2,2 106:24 130:14,22 137:5 138:21 160:11 161:6 169:10 173:10 government-owned... 88:16 165:8,16 grad (1) 17:14 grade (4) 21:21 48:14 150:2,9 grades (2) 87:21,22 graduate (3) 15:11,15,25 graduated (2) 15:14 16:13 graduates (1) TSG Reporting - Worldwide 37:6 graduation (1) 16:20 great (2) 23:9 130:23 ground (1) 5:18 grounds (1) 134:13 group (4) 49:2 73:15 80:12,13 groupings (1) 118:2 GS13 (2) 22:17 87:23 Guantanamo (1) 33:20 guard (8) 21:11,13 22:2 85:17 88:15 94:12 165:9 165:15 guards (3) 42:15 85:17 166:3 guess (12) 41:22 71:9,10 78:8 79:4 86:18 99:23 101:3 107:21 115:4 134:9 150:5 guessing (1) 71:16 H hand (1) 128:19 handed (7) 24:12 54:4 66:20 105:16 118:21 120:10 121:13 handing (1) 102:3 handle (4) 26:20 28:25 91:6 141:14 handled (8) 26:20 46:2,17 83:14 83:17 85:11 87:4 152:3 handwritten (1) 127:10 happen (3) 132:20 133:17 161:19 happened (3) 31:11 42:6 136:3 happens (6) 64:23 125:19 126:23 128:9 158:14 161:9 877-702-9580 harassment (1) 42:24 head (6) 12:18 42:21 64:2 79:13 83:4 166:8 heading (1) 98:9 heads (1) 10:15 hear (2) 6:15 20:3 heard (1) 153:21 held (2) 2:9 20:5 Help (1) 40:24 hereto (1) 175:16 high (8) 15:11,12,15,18 17:20 18:4,5 110:18 higher (2) 87:22 128:22 hinders (1) 7:6 history (1) 17:18 hold (1) 106:21 Homeland (18) 1:11 3:17 30:23 31:4 45:5 55:16,19 56:24 57:6 59:9 60:25 61:8,15 63:22 64:17 73:25 137:2 177:4 honest (5) 18:6 34:16 47:3 133:5 164:8 honorable (1) 16:18 hospital (1) 94:12 hotline (1) 132:8 hours (2) 17:11 114:20 house (1) 93:16 housed (1) 114:19 housing (1) 93:20 Houston (4) 79:16,25 80:2 81:23 Howard (1) Page 9 5:12 HSI (2) 31:5,6 hundred (2) 94:25 95:6 Hutto (1) 42:9 hyperlink (4) 102:6 109:6,25 119:18 hyperlinks (4) 101:7 103:20,22,23 hypothetical (1) 158:11 I ICE (115) 4:9,12 8:7 30:8,11,21 31:4,7 34:20,21 35:3,4,21,22 55:4,7 55:8,9,12 56:5,8 59:18 60:22 61:5,12 61:22 62:4,10,11 63:2,9 64:9,13 65:7 65:8 67:17 68:16 75:12,14 76:5,7,9 76:23,24 77:6,8 79:2,8 81:9 83:13 83:16 89:17 90:14 93:6 94:2 95:4 100:21 101:18,23 102:7 104:11,25 106:4,9,13 108:25 110:2 111:2,22 115:5 116:10,25 118:5 119:10 122:25 123:18,21 123:25 124:7 133:8 133:10 134:3,10 135:13,18 137:8,15 139:12,19 140:6,9 140:18 150:14,14 153:5,6,9 154:2,10 156:3,5,14,14,19,21 156:23 160:5,21 161:4,5,7 164:15 167:20 173:24 176:14 ICECAP (7) 69:21 73:8,9,20 124:16,17,23 ICECAPS (1) 73:19 ICE's (2) 25:5 137:19 ice.gov (1) 104:7 ice.gov/foia/library ... 98:20 ICS (2) 73:22 74:3 identification (6) 53:23 66:18 98:5 101:25 118:19 120:8 IGA (2) 93:16 156:14 IGAs (3) 93:19,23 155:23 IGSA (32) 69:12 82:11 86:16 93:15 97:5,15,16 101:23 102:7 108:25 109:25 113:24,24 114:2,4,6 120:6 125:19,21,25 136:17 139:6,9 140:10 141:12 158:12 159:13 169:16 170:5,22 171:3 176:13 IGSAs (43) 68:9,10,12 72:8 75:10 75:14 83:14 85:24 85:25 86:18 87:2 93:19,23 94:20 95:16 96:24 97:7 104:2 105:12 115:23 116:3 117:10,12 118:4 119:9,23 124:25 125:16 136:18 139:12,13,23 140:8 141:14 148:12,24 152:25 157:20 160:3 168:16 170:10 171:6,20 IGSA's (1) 95:20 Illinois (3) 1:3 3:9,19 imagine (1) 9:17 Immigrant (4) 1:6 4:5 45:4 177:3 Immigration (23) 1:12 4:9,12 24:18,22 55:12,15 56:21 57:3 58:8,9,21 59:9 63:24 64:11,22 65:2 66:11 69:21 73:23 104:7,14 111:14 Immigrations (1) 130:17 impact (1) 156:11 incident (3) 42:6,14,20 include (5) 30:12 68:5 90:17 94:10 135:8 included (5) 53:2 122:19 136:15 146:18 147:4 includes (2) 29:4 68:15 including (5) 28:3 33:20 56:14 75:12 130:18 incorporated (4) 18:21 80:12 159:18 159:22 increase (1) 21:21 index (3) 155:10,12 176:7 Indian (2) 67:18 94:3 indicating (4) 109:15,17 116:6 122:10 individual (16) 19:20 58:18 101:7 142:14 143:18 144:5,12,14 145:21 147:5 148:8 150:2 150:20 166:20 172:16 173:20 individuals (1) 96:20 individual's (1) 149:18 inform (1) 14:17 informal (1) 76:14 information (49) 4:8 8:5,21 9:5,21 10:2 10:4,8,13 12:9,11 13:21 30:2,24,25 31:13,17,22 32:4,24 34:10 45:7,19,24,25 46:3,16 47:7,17,19 47:22 49:8,12 52:5 52:21 58:7 100:4 110:21 111:8,20 115:17 130:19 131:19 134:14 TSG Reporting - Worldwide 135:10 148:23 163:12 167:18 168:19 informational (1) 108:9 informed (2) 11:25 12:18 informing (1) 160:2 initial (1) 147:6 initially (2) 16:3 160:17 initials (1) 114:25 Injunctive (3) 66:17,24 176:11 inmates (1) 165:11 input (1) 39:23 inquire (1) 39:4 inside (1) 144:10 inspections (11) 38:19,23 40:7,21,24 62:8,16,22,24 130:15,20 Inspector (2) 137:3,6 instance (11) 72:25 82:11 84:21 92:12 125:12 127:7 129:15 147:8,13 158:10 166:15 instruct (1) 132:7 instructed (1) 6:7 integrity (1) 155:5 intention (1) 164:13 interact (10) 38:13,18 39:9,12,17 39:21 40:6,20,24 41:3 interaction (1) 38:24 interested (2) 90:5 175:17 interfere (1) 6:22 intergovernment (16) 67:8 69:3,10 70:18 877-702-9580 93:6 96:9,14 100:12 100:21 101:17 102:10 103:19 108:24 110:20 124:7 155:23 intergovernmental ... 26:13,18 28:24 59:17 67:10,11,14,16,20 68:9 93:9 119:13 120:12 internal (2) 10:20 31:3 Internet (1) 107:10 interns (4) 36:8,24 37:2 66:6 intranet (1) 74:10 investigation (1) 31:2 Investigations (2) 30:23 31:5 invoice (1) 157:7 involved (9) 41:12,18 44:19 47:14 48:5 49:4 78:23 94:22 160:10 involvement (1) 91:10 involves (1) 156:14 involving (1) 48:6 Isabel (1) 83:5 ISGA (1) 97:15 ISGAs (1) 137:24 issuance (1) 126:2 issue (7) 7:12 27:5 58:20,25 64:5 72:21 132:13 issued (3) 60:4 63:25 121:19 issues (6) 27:14 28:20,20 60:16 138:17 152:9 ITAD (1) 12:15 item (1) 130:10 items (3) 34:19 146:19,21 Page 10 I-C-S (3) 73:23 74:3 124:21 I-G-S-A (1) 93:15 J J (2) 5:3 12:19 January (11) 1:20 2:5 31:11,12 32:23 33:6,7 34:8 86:13 115:13 177:5 Jerald (7) 1:18 2:9 5:12 96:5 174:11 176:3 177:6 job (3) 1:25 18:5,11 jobs (2) 17:22 18:17 joined (2) 16:8 18:10 Judge (1) 131:17 July (6) 20:21 21:10,12 23:15 24:15,25 June (2) 32:9 33:6 junior (1) 37:3 Justice (4) 1:6 4:5 45:4 177:3 K K (1) 2:10 Kennelly (1) 131:18 kept (2) 158:21 159:15 key (2) 142:9 145:10 Kim (3) 1:24 2:11 175:3 kind (5) 7:14 53:7 90:20,24 96:13 knot (2) 96:13 152:24 know (107) 5:20 8:22 13:2,9 15:4 18:6 22:6 23:4,21 25:17 27:15,21 31:9 34:24 39:14 42:11 42:16,21 43:5 44:4 45:8,10,11,12,13,21 46:22,25 47:2 48:8 55:10,21 56:10 57:4 68:6 70:13 71:11 72:13,15 74:11 75:2 78:19,24 79:20,20 80:21 82:14 83:3 86:21 89:12,15,18 94:19,24 97:10 99:18 101:12,15 104:11,18 105:3,4,5 105:10 107:22 110:5,17 111:4 114:10,12 115:9,19 119:22 127:21 131:20 133:6,14 134:4,7 136:5,13 137:9,12 139:4,8 142:14 144:6 147:18 149:9 151:7 151:23 152:7,8,11 153:17 154:14 155:6,7,9,10 159:8 160:19 161:3 164:11,24 173:16 173:24 knowing (3) 13:21 90:6 151:10 knowledge (22) 45:2,17 49:15,18,19 51:22 52:4,6 65:16 86:4 91:21 99:16 116:9 147:25 148:4 152:10 162:21 164:21,22 171:25 172:3,22 knowledgeable (1) 86:18 knows (4) 51:9 107:6,16,21 Krome (1) 83:5 L L (2) 5:3,3 labeled (2) 75:6 81:8 lack (1) 102:13 Laguna (22) 26:19 27:2 28:3 33:14 53:3,6 120:18 141:10,15,17,18 142:5 143:14 144:7 147:7,11,21 148:5 158:22 159:3 161:17,22 Laguna's (1) 53:5 large (1) 33:24 larger (1) 151:18 Law (1) 4:8 lawyers (1) 58:15 lay (1) 78:8 laying (2) 86:8 88:12 lead (3) 161:15,16,18 leadership (1) 164:15 leading (1) 98:12 leads (1) 162:12 learned (1) 125:3 leased (1) 145:4 leave (1) 98:14 leaves (1) 94:13 leaving (1) 24:13 leeway (2) 130:24 131:11 left (3) 22:15 24:3 96:8 lessons (1) 125:3 letter (12) 8:16 11:14 117:20,24 117:25 118:8,10,18 118:24,25 119:20 176:15 let's (28) 17:17 24:25 38:2 41:11,21 46:9 60:14 75:3 92:23 93:3,15 95:22,23 101:21 105:15 108:22 110:17,18 111:25 118:15 144:18 146:2 148:5 149:3 158:10 160:14,20 173:4 level (24) TSG Reporting - Worldwide 12:6 22:17 36:13 48:12 55:10,24,25 56:4,9,13 64:4 74:23 87:17,17,17 87:19,19,19,21,21 87:22 110:18 128:24 154:8 levels (3) 89:25 129:2,4 library (6) 68:20 98:3,9 118:6 119:11 176:12 life (1) 129:13 limitation (3) 56:14 130:18 151:7 limitations (1) 150:13 limited (2) 108:9 150:19 line (7) 33:22 59:6 67:6 108:23 110:15 112:8 130:8 list (22) 11:10 13:8,16 52:22 97:20 100:20 103:9 113:8 116:2,8,19,21 116:23,25,25 117:4 117:5 119:14 135:9 168:5,16,17 listed (3) 9:21 102:11 119:20 listing (2) 102:9 103:18 lists (1) 97:20 literally (2) 69:17 173:8 litigation (6) 41:12,17 42:3 44:20 45:9 48:6 little (6) 8:25 17:17 38:8 87:22 150:5 163:11 live (2) 5:13,14 LLP (1) 2:10 Ln (1) 177:9 loaded (2) 151:11 154:25 local (3) 67:17 93:18 94:3 locate (1) 877-702-9580 148:8 located (14) 69:14,19 71:6 74:3,6 75:25 92:19 113:16 114:25 119:11 128:7 141:6 144:25 145:4 location (9) 22:23 54:23 72:17 90:19 133:23 140:17 158:22 160:25 172:10 locations (1) 85:18 lock (2) 112:15 113:4 long (13) 20:20 23:12 24:24 27:20 29:18 31:10 32:8,22 43:6 89:3 89:24 155:16 162:19 longer (10) 18:21 29:10 50:19 65:10 69:20 114:21 121:5 122:15 124:12,18 longest (1) 163:14 look (7) 57:17 59:3,15 102:22 103:9 112:11 151:2 looks (1) 115:3 lost (3) 92:20 147:9,14 lot (5) 36:15,18 45:10 46:17 163:13 Love (1) 12:5 lunch (1) 95:23 luncheon (1) 95:24 Lyons (1) 58:5 M M (3) 1:24 2:11 175:3 magnitude (1) 163:5 Maine (1) 33:19 maintain (3) Page 11 51:12 58:10 154:3 maintained (28) 49:22 58:21 73:6,10 73:12 77:17 99:14 99:17 104:7,22 120:17 127:15,16 127:25 131:24 136:9 137:21,24 138:5,9 142:5,12 144:20,23 145:23 146:10 171:5 172:9 maintaining (1) 61:19 maintains (2) 99:18 151:23 maintenance (7) 86:10 88:25 96:21 104:21 138:19 144:8,10 majority (4) 95:7,9,16 167:9 making (1) 154:15 man (1) 24:23 managed (1) 130:16 management (41) 10:23 17:13 26:12 29:24 32:11,16 35:17,20 38:9,13 40:6,10,12,20 41:9 41:20 67:23 69:15 69:16 71:8 73:14 74:5 89:9 90:9,10 96:16,20 100:8 115:12,21 116:2 134:2 140:24 141:3 141:4,5,8 143:14 160:23 161:9 162:18 Manager (1) 32:17 managerial (1) 48:14 mandate (1) 125:10 mandatory (2) 90:8,15 manner (1) 142:24 manual (4) 71:19 72:12 73:25 154:15 March (3) 21:12 22:7 25:2 mark (1) 97:25 marked (13) 53:22 54:5 66:17,20 67:6 98:3 101:24 102:3 118:13,18,21 120:7,11 market (2) 35:10 36:21 marks (1) 150:21 marshal (2) 76:11 156:11 Marshals (12) 75:12,15,20,22 76:6 76:24 77:7,16 156:23,24 157:5,11 Marshal's (5) 93:5,8 155:23 156:13 156:18 Marva (1) 58:5 Maryland (9) 5:14 15:13,23,25 16:5 16:10,12 17:7 20:11 master (1) 116:25 math (1) 123:16 matter (5) 8:23 23:25 24:4,6 53:16 matters (5) 57:16,20 68:24 72:20 131:17 mean (31) 10:6 11:4,5 26:16 27:3,8,10 30:22 34:23 36:19 40:23 51:5 55:22 56:3 70:14 71:9 78:15 81:12 84:20 116:12 118:12 121:3 125:4 125:6 127:19 135:7 151:14 156:7 163:6 169:24 174:7 Meaning (1) 117:10 meaningful (1) 25:15 meaningfully (1) 169:15 means (4) 56:3 97:7 113:24 114:2 measures (2) 56:15 90:25 mechanism (1) 148:7 mechanisms (2) 154:19 155:3 media (3) 62:20 125:6,10 medication (4) 6:25 7:6,8,14 meet (2) 8:6,10 meeting (3) 8:4 39:12 153:13 member (4) 97:12 140:4,6 167:15 members (1) 144:12 Memoranda (13) 83:17 87:4,6 111:9,10 111:21 163:20,21 164:2,2,18,19 171:13 Memorandum (2) 78:5 111:16 Memorandums (1) 78:3 memorialized (4) 123:17 125:7,11 157:23 mentioned (16) 31:24 35:25 72:7 91:9 91:13 94:5 96:19 122:25 135:21 136:8 151:19 152:25 155:13,22 156:2 158:23 mentions (1) 118:4 merits (1) 59:5 met (1) 13:6 Mexico (2) 29:5 33:22 mid (1) 52:15 middle (3) 9:13 48:14 119:6 million (2) 129:8,11 minds (1) 153:14 mine (1) 27:6 minority (3) 166:23 167:10,14 TSG Reporting - Worldwide minute (1) 80:22 minutes (3) 5:17 38:10 118:16 mischaracterizatio... 133:2 mischaracterizes (6) 51:20 70:7 89:21 91:25 106:7 165:21 misfiled (2) 92:19 147:15 missing (2) 92:16 116:18 mission (6) 30:11 31:8 34:20,21 35:4,4 MOAs (3) 78:20,21 164:9 modification (3) 121:8 157:24 159:13 modifications (5) 39:22 49:23 84:9 121:18 158:3 modified (5) 9:18,19,24 124:14 125:2 moment (2) 110:10 162:17 monitor (3) 43:9,17,25 monitoring (2) 43:10,13 monitors (1) 44:12 month (1) 169:6 months (11) 120:25 121:3,5,10 123:8,10,11,13 155:19 158:18,19 morning (1) 96:17 MOU (1) 78:16 MOUs (3) 78:20,21 164:9 move (2) 41:11 96:14 moved (4) 29:23 32:23 34:9 86:20 movement (1) 26:3 multiple (1) 161:25 municipal (1) 877-702-9580 59:18 mutually (1) 68:3 N N (6) 5:2,3 96:3,3,3 176:2 name (10) 5:10 12:5 40:13 42:5 51:6,13 113:9,11 152:7 177:3 named (1) 59:20 names (2) 79:20 112:9 narrative (1) 125:23 narrow (1) 60:2 narrowed (1) 28:21 National (4) 1:6 4:5 45:4 177:3 Native (1) 166:2 nature (2) 42:2 46:23 naval (7) 19:14,16 20:15,22 22:9 23:10 64:7 NAVSEA (1) 20:22 Navy (11) 16:8,15,22 18:10,12 18:14,15 19:5,7,11 19:13 necessarily (4) 77:9,14 128:13 156:3 need (15) 7:4,18 9:23 41:4 59:4 67:19 68:16 72:4 74:24 85:7 90:18 118:7 145:10,25 155:17 needed (4) 28:14 67:25 131:19 146:9 needs (4) 74:20 89:24 94:18 138:7 negotiate (4) 77:18 126:13 127:20 127:20 negotiated (1) 128:11 negotiating (1) Page 12 21:6 negotiation (1) 128:8 negotiations (1) 127:17 neither (1) 175:11 Nevco (1) 18:20 Neveleff (195) 1:18 2:1,9 3:1 4:1 5:1 5:12 6:1 7:1 8:1 9:1 10:1 11:1 12:1 13:1 13:4 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23:1 24:1 25:1 26:1 27:1 28:1 29:1 30:1 31:1 32:1 33:1 34:1 35:1 36:1 37:1 38:1 39:1 40:1 41:1 42:1 43:1 44:1 45:1 46:1 47:1 48:1 49:1 50:1 51:1 52:1 53:1,22 54:1 55:1 56:1 57:1 58:1 59:1 60:1 61:1 62:1 63:1 64:1 65:1 66:1,18 67:1 68:1 69:1 70:1 71:1 72:1 73:1 74:1 75:1 76:1 77:1 78:1 79:1 80:1 81:1 82:1 83:1 84:1 85:1 86:1 87:1 88:1 89:1 90:1 91:1 92:1 93:1 94:1 95:1 96:1,5 97:1 98:1,4 99:1 100:1 101:1,25 102:1 103:1 104:1 105:1 106:1 107:1,15,22 108:1 109:1 110:1 110:14 111:1 112:1 113:1 114:1 115:1 116:1 117:1 118:1 118:19 119:1 120:1 120:7,10 121:1 122:1 123:1 124:1 125:1 126:1 127:1 128:1 129:1 130:1 131:1 132:1 133:1 134:1 135:1 136:1 137:1 138:1 139:1 140:1 141:1 142:1 143:1 144:1 145:1 146:1 147:1 148:1 149:1 150:1 151:1 152:1 153:1 154:1 155:1 156:1 157:1 158:1 159:1 160:1 161:1 162:1 163:1 164:1 165:1 166:1 167:1 168:1 169:1 170:1 171:1 172:1 173:1 174:1,11 175:1 176:1,3,8 177:1,6 never (3) 24:3 92:20 103:21 new (6) 27:12,24 28:18 29:4 33:22 42:22 Niguel (1) 120:18 NIJC's (1) 173:17 Nine (3) 67:2 120:23,23 ninth (1) 145:9 nodding (1) 42:21 nonclassified (2) 91:2 97:4 nondedicated (1) 114:4 non-Family (1) 26:7 non-FAR-based (1) 170:5 normal (1) 25:25 northeast (4) 33:16 50:22 145:14 146:16 NORTHERN (1) 1:3 Northwest (1) 80:19 Notary (5) 2:12 5:6 175:2,23 177:23 notice (13) 13:14 53:21 54:7 71:22 72:19 104:16 107:13 109:12 112:3 130:11,21 138:16 176:9 noticed (2) 57:16 59:8 notified (1) 13:19 November (5) 9:11,14 52:15 91:11 91:12 number (31) 54:13,21 55:6 56:12 56:24 57:7,17 60:20 61:4,10,17,22,25 62:3,19 63:2,4,7,11 67:6 75:3,4,6 78:2,3 80:23 113:23 114:12 115:7 130:10 143:3 numbers (1) 100:11 NW (1) 2:10 N-e-v-c-o (1) 18:21 O O (4) 5:2 96:3,3,3 Oak (2) 19:15,17 OAM (5) 40:5,9,11,12 140:25 OAQ (21) 40:16,17,19,19 48:21 48:23 116:12,13,21 116:23 133:25 134:2 136:20 140:19,20,23 141:2 141:2 144:21,24 149:21 object (4) 104:15 107:8 130:8 134:12 objection (48) 6:6 44:9 47:10 49:13 51:19 52:2,10,18 63:16 65:15 70:6 71:21 72:18,19 77:2 86:2 88:5 89:20 91:24 95:11,17 98:12,16 99:4,19 100:23 102:12,24 106:6,15 110:3 116:14 119:24 121:15 124:3 132:25 137:14 138:2,15 143:8,20 157:2 163:7 164:4 165:20 166:25 172:20 173:19 objections (2) 52:9 72:24 objects (1) 6:4 TSG Reporting - Worldwide obviously (1) 110:15 occasion (2) 39:2,11 occasions (4) 38:17 39:3,8,16 occur (1) 134:25 occurred (1) 134:11 occurs (1) 160:15 OCIO (1) 31:17 October (13) 8:17 18:9,9 19:5,6 20:5 27:22,24 28:9 41:15 117:20 118:24 175:25 Odenton (1) 5:14 offered (1) 58:23 offhand (1) 26:24 office (99) 26:19,23 27:3 28:4 29:24 30:24,24,25 32:13 35:16,19 38:8 38:12,22 40:5,9,12 40:19 41:8,19 52:20 58:7 66:7 67:22 68:16 69:16 71:7 73:13,14 74:4 79:25 82:10,17 84:19,22 84:25 85:10 90:8,10 93:5 99:24 100:8 114:24 115:21,25 120:18 130:2 132:24 133:11 135:14,15,18 137:3 137:6,18 139:18,22 140:2,13,15,16,21 140:23 141:3,5,9,9 141:10,10 142:9,13 142:17,19,22,23,24 143:2,6,12,13,18,21 144:21,24 145:19 147:8,11,12 156:10 157:6 160:6,6,22 161:4,8,16,17 162:18 166:13 officer (15) 21:7 23:15 30:25 31:23 36:10,11 42:6 43:12,16 44:11 877-702-9580 128:20,22 129:7 138:6 175:3 officers (5) 31:17 36:7 43:22 66:5 128:25 offices (21) 10:17,18,22 21:18 22:2 28:8,15 29:3 33:11,13 38:14,16 52:23 66:9 84:23 141:12,14,19 144:3 145:10 159:4 officials (1) 130:17 offline (1) 60:17 oh (7) 16:11 24:11,23 33:21 49:9 95:3 100:18 okay (116) 6:19 7:10,17,22 10:10 12:7 14:25 15:9 16:7,19 17:19 18:15 18:23 20:17 21:16 22:11,16 23:9 24:16 24:19 28:6,22 29:8 30:9,18 31:14 32:6 32:15 33:17 34:6,18 35:14 37:10 40:15 40:17,18 42:19 43:20 44:13 46:13 47:4 54:6,12 64:22 66:4,8 67:5 70:3 75:7,9 77:16,20 79:17,19,22 82:19 84:4,8 85:5 86:14 86:19 87:16 92:10 94:16 97:2,6 99:10 100:18,19 102:8 106:2 109:23 112:19,21 113:3,4 113:10,13,19 114:22 115:6 116:7 117:12,23 119:5,12 119:16 120:20 121:2,24 123:14,15 126:3,5 128:5,12 129:17,18 133:16 136:2,19 142:11 143:16 145:6 147:2 149:20 150:15 157:19 158:6 159:9 160:20 162:23 163:17 167:8 168:12 169:22 Oklahoma (1) Page 13 29:4 Olean (7) 4:11 8:7,8 9:9 11:14 11:24 13:6 Once (9) 108:15,16 126:9 129:21,22,24 133:22 148:5 161:8 ones (13) 27:2 65:7 77:18 79:15 81:15,19 82:3 104:3 114:7,8 117:13 141:24 164:15 Online (1) 119:10 open (1) 24:5 operate (1) 94:20 operated (1) 79:10 operating (1) 132:21 operational (2) 35:8 97:19 operations (6) 25:10,19 30:17 82:20 105:24 129:25 Orange (1) 42:22 order (7) 18:6 70:10 130:12 131:7,16 142:22 153:13 ordinary (4) 54:16 56:17 104:23 131:25 organization (11) 14:18 25:18 26:10 28:2 29:23 52:7 64:3 65:17 88:9 90:11 143:21 organization's (1) 49:19 organize (3) 51:15 92:8 146:12 organized (8) 50:17,21 51:3 91:20 143:12,19 144:5 146:9 organizing (1) 51:18 original (2) 9:3 159:16 Orlando (1) 141:9 Oswald (84) 3:15 8:4,16 11:4,10 11:15,24 13:6 44:9 47:10 49:13 51:19 52:2,11 57:25 58:4 58:16 59:24 60:8,12 60:18 65:15 70:6 71:21 72:18 73:3 77:2 86:2 88:5 89:20 91:24 95:11 95:17 98:12,15 99:4 99:19,21 100:23 101:11 102:12,24 103:10 104:15 106:6,15,25 107:20 109:7 110:3,7,9 116:14 117:20 118:12 119:24 121:15,22 122:2 124:3 125:22 130:8 131:10 132:9,13,25 134:12,18 137:14 137:16 138:2,15 143:8,20 157:2 163:7 164:4 165:20 166:25 168:8 172:20 173:19 174:3,8 Oswald's (2) 52:17 119:20 outcome (1) 175:17 outdated (1) 122:22 outlines (1) 117:25 outside (14) 22:2 27:2 57:2 89:13 90:11 139:11,13 150:14 151:6,11 152:4,6,8 172:15 oversee (1) 144:8 oversight (3) 137:23 138:12 172:17 owned (4) 18:24 79:9 83:9 85:20 P P (1) 5:2 page (18) 54:10 57:17 67:2,3 98:11 100:10,16,16 108:23 109:21 111:7,17 119:4 120:22,23 158:8 176:4,8 pages (3) 109:22 158:8 167:24 paper (18) 50:10,11,14 71:14,20 124:10 125:13,16 126:20 127:24 132:5 148:6 153:15 169:12,14 170:8 171:9 172:12 paragraph (2) 57:20 119:6 Park (5) 15:23 16:2,5,11 46:12 part (27) 19:3 21:17 29:16 43:4 44:3 45:6 55:18 64:19 65:4 66:10 68:15,23 74:14 91:4 91:9 96:19 106:9 107:9 137:15 139:18 149:17,22 150:8 161:4,7 166:16,18 particular (7) 84:11 97:14 108:13 110:2 112:3 144:3 167:16 parties (6) 10:19 129:22,24 133:23 175:13,16 parts (2) 50:13 156:9 party (4) 76:23 77:6,21 121:8 Paso (4) 83:5 120:6,13 158:11 Pass (1) 174:2 pause (1) 54:2 pay (5) 21:21 87:21,22 150:2 150:9 payment (5) 123:8,12 133:10 155:19 158:20 PDF (1) 152:14 PDFs (1) 152:16 pending (1) 7:20 people (19) 10:3,7,12,14,24 25:10 TSG Reporting - Worldwide 25:19 35:8 36:6 45:24 74:15,17,19 89:15 97:19 114:18 114:19 116:19 159:11 percentage (2) 167:13 172:17 perfect (1) 157:17 perform (2) 44:15 85:17 performance (15) 27:14 28:20 43:14,25 44:12 128:15 149:14,18,22,24 150:3,3,24 151:6,12 performed (2) 33:9 137:10 performing (1) 34:16 period (6) 18:16 46:8 120:25 133:20 163:2,9 periods (1) 19:3 permanently (1) 92:20 person (15) 15:3 23:3 36:11 67:23 82:16,17 115:4,8 116:22 127:2 128:19 161:15,16 161:18 168:23 personal (13) 25:23 44:22 49:15,18 52:4,6 65:16 86:4,4 88:6 92:15 134:13 162:21 personally (14) 25:17,22 30:19 35:5 45:10 46:2 47:14 52:21 78:7 104:9,12 153:23 160:10 163:16 personnel (1) 31:7 persons (1) 61:18 pertains (3) 45:6,13 111:22 pertinent (1) 131:19 Pg (1) 177:9 phone (2) 76:13 115:7 877-702-9580 physical (1) 125:5 physically (5) 48:2 71:9 91:13 141:6 159:19 placed (3) 133:24 155:4 158:23 Plaintiff (4) 1:8 3:5 5:4,8 plan (8) 149:14,18,22,24,25 150:24 151:6,12 plans (3) 150:7,8 153:18 play (1) 150:7 please (10) 6:5,11,15,19 7:19 72:5 81:6 92:4 98:7 115:24 POC (1) 115:3 point (21) 16:14 17:15 29:19 48:21,24 75:6,10 78:3 80:23 92:25 126:7,24 128:16 134:7 135:20 153:15 157:9 161:21,24 164:24 174:5 policies (9) 135:16 137:9 138:22 139:21,24 141:11 143:17 144:4 156:17 policy (33) 48:25 69:22 70:8 72:21 73:8,10,12,13 73:15 74:5 123:2 124:12,15 129:7 131:17 132:3,16 134:8 138:11 139:4 139:8,10 145:20 146:7 149:11,13,17 154:2,5,10,15 155:13 160:23 Polk (1) 113:25 population (2) 114:10,11 Port (1) 83:5 portion (3) 33:24 44:5 62:10 position (16) Page 14 10:16 17:24 20:20 20:25 22:13,19 24:21,24 27:20,24 29:18 31:10 32:20 32:22 33:5 48:23 possible (1) 156:16 possibly (1) 105:18 posted (2) 105:2,8 post-award (2) 27:18 146:20 practice (3) 91:22 134:24 136:6 practices (1) 140:2 precautions (2) 170:25 171:3 preparation (9) 8:12 11:17 49:3 85:16 97:23 117:16 118:25 119:17 163:22 prepare (4) 7:23 8:2 36:20,21 prepared (25) 13:5,18 53:17 54:18 55:3 56:20,23 57:5 58:23 60:5,21,24 61:3,7,11,14,21,24 62:3 63:7 128:10 139:25 142:4 144:19 164:17 preparing (1) 21:6 present (2) 4:2 101:9 presently (1) 24:20 preservation (2) 154:19 155:16 preserve (1) 155:4 preserved (4) 154:8,11,16 155:17 presume (1) 151:20 pretty (7) 28:21 33:21,24 37:2 51:2 112:11 114:19 previous (4) 65:13 124:11,16 134:22 previously (2) 31:23 141:18 pre-award (1) 146:19 price (1) 35:11 primary (6) 21:2 25:3 28:11 30:5 31:19 33:7 principals (2) 87:2 170:6 printout (10) 98:3,11,22,24 99:3,8 101:24 109:5 176:12,14 prior (1) 63:19 private (27) 79:2 80:6,13 81:9,16 81:20 82:4 83:12 84:12 85:3 165:2,6 165:17,23 166:9,11 166:24 167:11,17 168:15 169:4,10,16 170:19 171:2,16,21 privately (1) 79:9 privilege (1) 11:7 probably (7) 74:20 79:4 137:20 146:20 153:25 157:15 167:23 problem (1) 118:15 problems (2) 59:5 151:25 procedurally (1) 171:20 procedure (8) 48:19 72:8,11 131:9 132:21 138:12 145:21 146:7 procedures (15) 69:11,13 70:17 71:3 71:19 135:16 139:22 141:11 143:17 144:4 156:18 169:25 170:2 173:10,16 process (17) 29:16 45:23 46:5 72:8 74:22 125:20 126:17 128:8 135:21 137:25 138:13 160:2,14 169:15 171:23 172:15 173:13 processes (1) 162:14 processing (9) 69:11,13 70:17 71:3 71:19 72:11 165:7 165:12 166:4 procure (2) 35:6,10 procurement (7) 21:14 28:18 29:25 31:16 34:19 50:22 84:5 procurements (4) 30:7 37:23 39:22 40:8 produced (3) 8:23 115:10 122:14 product (2) 11:2,8 production (3) 11:3,8 163:3 professional (1) 41:22 program (1) 37:11 promise (1) 132:14 promoted (1) 23:14 promotion (2) 21:15,20 promulgated (3) 27:8 69:5 109:13 promulgation (2) 70:17 82:6 proper (2) 10:3 59:22 proposals (4) 19:21 21:5,6,6 proposed (1) 19:22 protective (3) 70:9 130:12 131:6 protocol (8) 51:17 70:5,14 103:25 105:7 108:16,20 115:16 protocols (8) 69:2 78:19 82:5 83:7 105:11 110:19 111:8,19 provide (11) 9:6 10:3,8 18:2 19:22 35:8 39:6,23 126:2 126:10,25 provided (13) 8:24 9:4,7 11:14,15 TSG Reporting - Worldwide 47:24 123:21 134:5 140:17 156:3,5,21 171:16 provides (2) 10:2 112:25 providing (8) 12:2,20 53:15 134:24 135:3,6,17,22 public (17) 2:12 5:6 97:12 103:24 104:2 105:13 108:18,20 110:21 111:9 115:17 133:24 160:3 167:15 175:2,23 177:23 Puerto (1) 33:21 pull (1) 48:15 pulled (2) 50:4,6 pulling (2) 48:2 138:20 purchased (1) 35:24 purchasing (1) 30:12 purposes (2) 9:16 108:10 purview (5) 43:18 84:21 100:3,7 104:10 put (6) 130:5 148:6,16,17 155:11 170:22 putting (2) 154:2 170:8 p.m (2) 96:4 174:10 Q quantity (1) 167:12 question (64) 5:22 6:6,10,15,18 7:16,20,20 25:11 38:6 40:4 49:16 51:21 57:8 59:12 65:20 69:8 70:12 72:3,5 75:13 77:4 79:7 88:11 90:3 91:7 92:4 95:12,18 99:22 101:2,16,19 102:14,21 104:19 105:6,16 106:20 877-702-9580 107:10,11,16,24 110:4 111:18 116:16 120:2 125:10 131:5 132:18 133:4 134:21,22 138:3 139:2 149:11 154:6 154:7,9,23 157:3,18 167:3 173:8 questioning (2) 110:15 130:9 questions (15) 5:19,25 6:5 7:7 9:5 13:8,16 15:8 60:15 86:3 92:24 96:12 101:13 132:16 172:7 quick (3) 38:2 149:3 173:4 quite (1) 94:23 quotes (1) 35:11 R R (3) 5:2,3 96:3 raises (1) 91:7 raising (1) 132:13 rate (6) 27:18 29:11,15 128:14 157:7,8 rates (1) 48:15 ratings (8) 39:22,24,25 40:2,7 41:9 44:14 150:3 rationale (1) 115:15 read (8) 57:19 60:21 61:4,10 119:7,11 121:6 177:9 Reads (1) 177:9 ready (1) 125:25 real (1) 151:10 really (8) 39:18 44:21 59:21 73:18 78:17 114:15 131:11 171:19 reapproach (1) Page 15 60:14 reason (4) 7:18 113:8 120:15 177:9 reasonable (2) 6:22 19:23 reasons (3) 22:20,21,22 recall (6) 30:15 40:13 73:18 83:18 92:22 118:7 receive (16) 17:2,12 19:21 45:25 48:20 77:23 85:21 85:24 87:12 88:3 108:8,12 126:9 157:6 160:19 163:18 received (10) 16:18 17:3 86:15 87:13 109:14,17,19 162:15 173:14,15 receives (1) 161:9 receiving (2) 21:5 115:12 recess (7) 38:4 57:24 95:24 110:12 118:17 149:5 173:6 recognize (2) 100:24 157:7 recognized (2) 67:18 94:3 recommend (1) 19:23 recommendation (1) 82:21 recommendations (1) 19:22 record (17) 5:11 57:19 58:2 60:9 60:21 61:4,11 96:23 103:11,13,14 110:7 118:15 119:8 126:15 127:23 175:10 records (16) 51:12 62:8,21 86:10 89:9 96:15,20,22,23 104:22 123:23 130:5,15 131:23 162:4,6 redirect (1) 174:4 reduced (1) 175:8 refer (4) 68:19 73:17 164:14 168:11 referring (1) 13:14 refers (1) 109:25 regard (7) 31:20 40:7 63:19 89:4 108:17 172:4 173:17 regarding (13) 40:21 65:13 66:13 82:5 88:24 111:8,9 111:20 112:8 130:14 138:12 139:8 162:9 regards (22) 39:21 68:8 84:2,10 85:22 87:9 88:4 89:19 96:15 110:19 111:20 115:16 135:13,17 170:8,13 170:16 171:9,23 172:6,17 173:10 regions (1) 28:5 regular (1) 26:6 regulated (1) 82:7 Regulations (5) 73:24,25 81:13 82:8 123:6 relate (6) 68:13 93:20,21 94:8 155:14 169:3 related (10) 17:23 23:21 25:6 56:11 59:21 61:18 62:6 68:12 71:4 175:12 relates (11) 62:13,16 63:8,13 72:25 76:6 104:21 164:3,18 165:18 172:5 relating (13) 54:14,23 56:13 62:20 69:2,9 75:14 78:20 83:23 85:12 156:18 160:11 168:25 relative (1) 175:14 relevant (1) 58:25 Relief (2) 66:17 176:11 Relieve (1) 66:24 relocated (2) 114:20 147:19 remain (1) 120:24 remember (7) 23:20 26:22 38:9 41:16 86:25 96:16 133:19 Removal (3) 82:20 105:24 129:25 renegotiations (1) 28:19 reorganization (1) 31:11 repeat (1) 6:16 rephrase (2) 6:11,19 replaced (3) 73:20,22 124:20 report (9) 22:24,25 24:9 37:13 37:14,17 43:15 44:16 112:11 Reported (1) 1:23 reporter (2) 2:12 54:4 reports (2) 36:4 37:15 repositories (1) 62:6 represent (4) 99:2 102:4 109:4 121:21 representative (5) 43:22 106:23 111:14 126:3,19 representatives (1) 43:13 representing (3) 14:18 106:22 173:24 request (37) 9:20 45:16,24 46:23 46:24 47:2,18 48:9 48:18 49:5 51:25 58:4 60:3 63:20 76:10,12,17,21 91:10 97:13 148:14 148:22,23 160:16 160:17 161:9,14,15 TSG Reporting - Worldwide 161:19 162:3,9,17 162:19 163:2 167:21,22 173:17 requested (7) 9:5 10:4,13 47:18,24 48:3 49:10 requests (10) 46:3,4,7,16,18 47:8 47:15 48:6,22 160:11 required (12) 28:14 39:14 87:13 89:11,14,16,18 90:6 94:14 133:7,7 162:2 requirement (15) 39:24 41:7 44:16 67:22 69:7 76:20 123:3,4,5,19 124:9 127:4 128:21 148:24 151:4 requirements (19) 21:5 30:16 35:9 36:21 59:14 84:13 85:9 87:15 89:2,5 90:2 90:22 93:13 123:22 125:13 148:19 155:20 165:10 168:25 requires (2) 89:10 149:14 requiring (1) 67:25 research (2) 35:10 36:21 reserve (3) 174:3,6,9 Residential (1) 42:10 resigned (2) 24:2,3 resolved (2) 24:4,5 respect (3) 62:12 63:5,12 respond (3) 9:4,20 72:24 response (3) 8:20 45:11 47:22 responsibilities (15) 21:3 25:3 26:6 28:11 30:5 31:19 33:8 34:13 37:21 43:11 65:4 83:13,16,19 146:8 responsibility (9) 9:25 10:5 51:4,15 877-702-9580 52:18 114:24 115:2 133:10 141:19 responsible (29) 10:7,8,14 13:20 22:4 25:5 26:17,23,25 27:3,4 28:13,16 29:13 33:10 51:7 61:19 78:12,14 82:10 90:16 111:3 111:23 138:8 142:18 144:7 145:19 146:5,9 responsive (3) 46:18,19,20 rest (2) 121:6 168:17 restate (4) 6:11 40:3 140:10 143:9 restrictive (1) 25:24 restructured (2) 26:10 27:22 result (3) 46:5 125:2 152:18 resumed (1) 96:5 retained (5) 54:15 62:7 123:7 141:20 158:16 retaining (1) 56:16 retention (6) 123:2,24 131:23 133:25 168:25 169:7 review (16) 8:12,15,18 11:16 35:6 97:22 121:17 126:9 126:25 128:17,22 129:11 139:5,9 150:3 163:21 reviewed (5) 8:16 21:25 117:16 118:25 137:4 reviewing (1) 120:3 reviews (8) 41:6 50:4 62:8,15,22 62:24 130:15,19 revise (1) 126:11 re-ask (4) 72:4 107:23 111:18 132:18 re-competition (1) Page 16 84:6 re-procurement (1) 84:5 rheumatoid (1) 7:9 Rico (1) 33:21 right (25) 9:15 34:25 37:11 50:18,19 58:15 67:13 70:21 72:9 94:6,20 98:21 102:20 103:6 115:6 127:14 131:8 137:7 140:24 151:4,12 153:16,17 161:12 174:6 role (8) 36:9 57:9,12 63:19 65:11,21 66:4,10 roles (1) 65:13 room (1) 142:12 row (1) 113:25 rules (2) 5:18 158:4 run (3) 25:19,20 80:20 runs (1) 79:25 S S (4) 5:2 96:3,3,3 Sakamoto (1) 107:17 sake (2) 158:11,25 sample (2) 103:8 150:25 San (1) 80:18 satisfied (1) 59:14 saying (2) 65:23 91:19 says (19) 48:11 54:7,13,13,21 54:25 67:3,8 75:10 78:3 98:19 100:12 101:17 102:6 105:24 108:25 114:23 120:24 121:7 scan (3) 50:7 148:15,20 schedule (1) 84:18 school (8) 15:11,12,16,18 17:14 17:20 18:4,5 scope (7) 28:21 71:22,25 72:19 104:16 137:16 138:16 Sea (6) 20:15,22 22:9 23:11 23:12 64:7 Seabrook (1) 15:12 search (1) 152:19 searchable (3) 148:20 152:16,19 second (1) 59:15 second-level (2) 33:12 34:7 sections (2) 84:18 162:12 security (33) 1:11 3:17 30:23 31:4 31:13,18 32:4,5,7 45:5 55:16,19 56:15 56:25 57:7 59:9 60:25 61:8,15 63:22 64:17 73:25 89:25 90:24 137:2 145:7 148:2 152:9 154:18 155:3 170:25 171:3 177:4 see (20) 24:25 35:10 51:15 54:21,25 56:18 59:22 67:6 74:20 75:8 78:2 80:23 98:19 100:14,18 108:23 109:24 120:24 151:2 157:10 seen (13) 78:16 98:10 99:11 103:21 105:17,18 105:19 108:3,6 112:2,20 159:20 162:22 segment (1) 149:8 segments (2) 30:8,21 segue (1) 157:17 selection (1) 36:22 send (3) 128:18 148:17 161:14 senior (2) 15:12 164:15 seniority (1) 74:23 sense (1) 13:10 sent (8) 8:17 76:18 127:2 128:16 129:25 130:4,7 132:20 separate (3) 64:5 127:11 161:5 separated (1) 28:4 separately (1) 159:21 Separating (1) 146:19 September (3) 18:9 29:20,21 SEQUIN (1) 4:7 serious (1) 153:25 server (6) 151:20,23 170:16,21 170:23 171:5 servers (7) 30:12,20 154:25 155:4,7,11,17 service (31) 19:16 26:13,18 28:24 59:17 67:8,10,11,14 67:16,21 69:3,10 70:18 77:8 93:3,6 93:10 96:9,14 100:21 101:17 102:10 103:19 108:24 110:20 119:13 120:12 124:8 165:7 166:4 services (15) 30:2,10 31:16,21,25 32:2 34:19 85:17 88:15,23 94:11,12 100:12 165:9 166:3 set (3) 156:4,6 172:23 Seven (3) 61:17,22,25 TSG Reporting - 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Worldwide suit (2) 42:16 43:2 Suite (1) 2:10 sum (1) 167:6 Supervising (1) 31:21 supervisor (19) 12:17 23:2,6 24:7,8 33:10,12 34:7 37:16 37:22 51:14 65:23 66:5 71:18 91:17,20 92:6 139:5 151:2 supervisors (8) 11:25 12:3 138:4 144:13,15 146:25 147:2,3 supervisor's (2) 138:12 139:9 Supplement (1) 73:23 support (9) 30:11 31:8,16,22 34:20 35:3 37:23 68:16 85:19 supports (1) 35:4 supposed (5) 97:3 136:11,12 138:23 172:14 sure (17) 23:5 27:9 39:5,10 58:3 72:7 73:21 110:8,11 134:8 136:6,7,14 137:24 138:5,8 147:4 Surface (1) 19:14 sworn (3) 5:5 175:6 177:21 system (8) 32:7 130:4 150:10,17 151:22 152:2,21,22 Systems (8) 20:15,22 22:9 23:11 23:12 64:7 151:24 159:11 T T (2) 42:9 96:3 tailored (2) 9:4 71:2 tailoring (1) 71:4 877-702-9580 take (25) 7:21 38:2 57:23 89:10 89:11,14,16 90:6,16 92:24 100:17 101:21 102:22 103:8,16 118:9 121:20 126:11 127:21 146:2 148:5 149:3 151:2 162:19 173:4 taken (13) 38:4 56:15 57:24 95:24 110:12 118:17 121:22 149:5 163:14 173:6 175:4,7,14 talk (3) 96:24 97:10 144:18 talked (2) 163:19 173:12 talking (12) 38:22 69:25 81:22 82:15 95:3 100:18 102:15 106:25 122:5 161:11 168:4 168:5 tapes (1) 155:8 taught (1) 86:17 team (19) 21:17 28:13,25 33:10 33:16,19 34:17 37:22 50:22,22 51:11 66:5 140:5 144:12 145:14,14 145:18 146:14,16 teams (11) 33:12,15 34:3,5 36:22 50:25 51:12 145:11 145:13,23 146:23 technical (2) 35:13 39:24 Technology (8) 12:9,11 30:2,10 31:13 32:24 34:10 100:4 tell (16) 6:11,16,19 7:19 13:25 14:4,7 46:20 89:14 90:12 103:22 112:22 120:4 126:7 131:4 140:5 telling (1) 107:7 tells (4) 47:6 113:20,22 Page 18 146:11 template (5) 84:16 116:6 125:5 158:2,3 templates (9) 69:24 70:19,20,23,24 71:6,15 72:16 73:5 tendency (1) 19:25 term (2) 41:4 157:21 terminate (1) 121:10 terminated (1) 121:8 terms (8) 39:4 77:24 78:9 128:13 130:24 131:5 154:15 166:17 testified (12) 5:6 52:25 57:13 91:23 96:6 117:15 140:13 146:4 154:24 163:21 168:24 173:9 testify (10) 62:4 106:17,24 107:18 134:15 139:25 142:4 143:22 144:19 164:18 testifying (1) 99:5 testimony (17) 6:23,23 7:23 8:2 51:20 54:18 58:15 70:7 89:21 91:25 106:7 133:2 149:9 165:21 175:5,7,11 Texas (22) 28:8,15 29:2,3 32:13 33:11 50:23 51:11 52:19,19 66:6,9 79:18 80:11 81:22 84:21,24,25 145:19 146:2,4,9 Thank (1) 77:3 Thanksgiving (1) 9:12 Theirs (1) 93:13 theres (1) 157:5 thing (3) 43:9 59:15 63:18 things (24) 26:4 27:18 29:10,11 30:11,17 35:12,24 36:23 45:22 68:5,19 97:4 116:15 126:10 126:11,12 131:16 132:5 149:16 151:16,17,17 164:16 think (16) 14:9 16:11 30:13,14 39:18 44:21,23 73:2 122:25 130:24 135:21 140:13 156:2 163:6,20 165:2 third (1) 10:19 thirty (3) 46:12,13 146:21 Thomas (2) 12:4 37:14 Thompson (4) 12:4 13:25 14:14 37:14 thought (2) 152:3 164:6 three (7) 57:7 61:10 87:18,20 87:22 113:14 115:14 tie (1) 96:13 till (2) 6:5 32:9 time (37) 2:6 14:15 18:16 19:2 19:3,3,15 20:9 23:2 26:17 27:11 28:7 29:25 43:5,6,16 46:8,22 47:6 48:10 48:15 51:24 58:14 73:16 77:23 94:23 100:17 133:8,8,19 136:3 147:17 150:18 162:25 163:9,12,18 times (3) 50:3 94:15 150:16 title (1) 12:7 today (15) 6:21 7:24 8:3 11:6,17 11:21 12:2 14:2 69:23 87:25 92:11 97:23 106:12 119:2 119:18 today's (1) 8:13 told (1) 124:18 top (5) 67:3 79:13 83:3 105:25 112:8 topic (21) 55:3 56:12,23 60:20 60:22 61:3,10,11,17 61:21,24 62:3,5,19 63:2,4,8,11 72:25 78:2 164:18 topics (7) 12:24 13:2,13 57:7 59:21 131:21 132:2 total (3) 119:9 123:9 167:6 touched (1) 53:7 tow (1) 18:8 track (2) 127:7,24 trail (3) 126:20,21 132:5 trained (2) 96:21 123:23 training (34) 85:21,25 86:9,15,21 86:23,24 87:6,9,12 87:13,24 88:3,13,14 88:19,24 89:4,8,9 89:18,23 90:6,8,15 90:18,22 91:3,4 96:16,20,25 97:6 123:24 transactions (1) 162:5 TRANSCRIPT (1) 177:2 transcription (1) 175:9 transferable (1) 64:9 transmitted (2) 153:8 162:11 transport (1) 148:17 transportation (3) 42:15 94:11,17 treated (3) 170:10,11 171:20 tribe (2) TSG Reporting - Worldwide 67:18 94:4 truck (1) 18:8 true (4) 6:22 92:15 121:6 175:10 truthfully (1) 7:13 try (2) 103:16 157:9 trying (8) 23:7 37:24 40:23 56:2 58:17 68:17 131:10 143:22 turn (5) 54:10 67:2 100:10 119:4 120:22 turning (1) 111:7 twenty (6) 46:12,13 47:12 119:14,22 160:10 twenty-five (2) 129:8,11 two (27) 31:23 33:12 54:21 57:7 59:5 61:4 67:3 73:2 75:3,4,6 78:8 79:20 87:17,19,22 93:12 113:11 115:14 118:15 119:4 131:15 141:14 145:17 153:14 162:22 168:6 type (13) 7:8 26:21 42:20 43:9 74:10 105:19,21 113:20,22 115:22 117:5 129:4 136:16 types (8) 26:3 27:18 30:10 36:23 66:12 97:4 108:4,6 typical (3) 162:25 163:6,9 typically (8) 48:20 53:14 126:19 129:5,7 136:18 138:4 162:19 U Um-hmm (2) 17:5 35:2 unclear (1) 8:25 877-702-9580 underlying (2) 45:16 138:22 underneath (1) 151:22 understand (24) 5:23 6:2,8,10 13:23 40:23 45:11 53:8,17 57:8 58:16 59:24 60:18 74:22 77:13 78:5,7 103:2 112:22 112:24 131:9,10 132:9 137:20 understanding (17) 52:17 53:12 62:23 78:4,6 83:17 86:9 87:5,6 99:13 111:10 163:20,22 164:2,19 166:19 171:13 Understood (1) 13:10 unfamiliar (1) 101:12 unique (2) 88:20,21 uniqueness (1) 85:6 unitary (1) 166:10 United (8) 1:2,10,11 3:16 45:5 77:7 155:22 177:4 units (2) 38:19 59:10 university (11) 15:19,21,22,25 16:5 16:10,12,12 17:7,7 20:10 updated (2) 74:12 117:7 upload (5) 148:15 149:22 150:9 150:19 172:13 uploaded (4) 151:16 152:12,13,14 uploading (1) 149:12 upwards (2) 23:25 33:23 up-to-date (1) 119:23 Urbany (1) 23:7 urgency (1) 162:24 use (6) 48:15 93:9 114:2 Page 19 116:4,5 158:9 usually (1) 158:5 U-r-b-a-n-y (1) 23:8 U.S (15) 4:9,12 75:12,15,20 76:6,10,24 77:16 93:5,8 156:13,18,22 156:24 V V (1) 5:3 vague (7) 77:2 95:11,17 124:4 138:2 163:7 166:25 VALENZUELA (1) 4:4 varied (2) 166:12,13 various (8) 17:22 40:8 103:19 144:15,15 146:5,8 162:4 vary (2) 25:8 116:22 verbally (1) 6:2 verify (1) 117:8 version (2) 39:6 117:7 versus (2) 39:14 171:20 viability (1) 35:11 view (1) 74:11 Virginia (1) 20:18 visit (1) 119:18 vs (3) 1:9 45:4 177:3 W Wacker (1) 3:8 wait (1) 6:5 walk (3) 112:13 125:20 160:14 want (21) 7:13 16:9 20:7 24:13 24:25 27:22 28:10 41:15 42:18 43:4,8 85:10 103:8,10 119:11 126:11 129:18 131:4,11 132:7,10 wanted (8) 13:11,23 38:7 76:5 91:17,18 96:13 167:15 wants (1) 92:7 Warfare (2) 19:14,17 warrant (9) 63:23 64:6,8,8,10 128:24 129:2,4,8 Warrants (1) 63:25 Washington (16) 1:19 2:11 22:3,5 141:6,15,17,25 142:2 144:18,20,24 148:10 158:22 159:4 161:16 wasn't (3) 25:12 122:14,19 way (11) 10:3 25:15 33:22 41:8 48:8 49:4 123:20 131:8 151:10 156:4 156:6 ways (2) 97:7 159:20 web (3) 98:11 99:3 167:24 website (20) 97:20,22 98:23,25 99:9,11,15,17,18 101:9,24 104:11,18 105:2,9 121:23 122:19 168:3,19 176:14 Websites (1) 168:7 Wednesday (1) 1:20 weeds (1) 110:17 week (4) 108:12,15,16 114:12 weekly (6) 108:8,11 109:13,14 115:12 116:10 weeks (4) 33:3 115:14,14 145:17 Weinberg (5) 12:19 14:6,7,8,15 welcome (1) 102:23 went (12) 8:19 16:9 19:4 20:15 21:11,17 22:9 23:9 31:12 32:11 49:25 91:14 weren't (1) 168:2 west (1) 141:21 We'll (4) 40:25 80:22 97:10 174:3 we're (17) 11:2 20:3 41:24 59:24 60:2 86:2 88:5 97:3 107:11 130:22 131:2,6,22 132:3,4 138:17 173:5 we've (1) 150:12 White (2) 19:15,17 William (5) 12:19 14:6,7,8,14 Williams (1) 14:4 witness (60) 5:4 19:24 44:11 47:12 49:21 51:22 52:3,14 53:24 57:10,12 58:23 60:5 65:21 70:13 72:4 73:5 86:6 88:7,8,14 89:23 92:3 95:19 99:23 101:3,16 102:15 103:4 106:9 106:16,18 107:3,14 110:5,24 111:14,22 116:17 120:3 125:25 132:7 133:5 134:16,20 137:8,15 138:4 157:4 164:6 164:23 165:23 167:4 172:22 173:21,23 174:2 175:5,7,11 women-only (1) 42:13 won (1) 131:14 word (1) 93:10 TSG Reporting - Worldwide work (25) 10:23 11:2,7 15:6 19:4 20:15 21:11 35:16 36:15,18,22 43:19 68:2 71:16 107:3 149:14,18,22 149:24 150:7,8,24 151:6,12 164:16 worked (10) 17:22 18:7,7,12,20 19:4,6,10 20:21 92:9 working (3) 28:19 51:2 65:24 works (3) 115:8 123:16 150:22 worry (1) 41:25 wouldn't (5) 103:7,7 144:14 157:15 169:15 writing (3) 150:10,17 152:2 written (1) 69:17 wrong (1) 53:2 www.ice.gov/foialib... 121:23 X X (1) 176:2 Y Yeah (2) 118:14 124:18 year (9) 34:8 101:4,18 105:22 108:13,25 110:2 129:14 169:6 years (11) 16:4 20:23 46:9 47:9 69:25 123:7,9,9,11 155:18 158:17 Yellowstone (1) 46:12 yesterday (2) 8:4 13:7 Z ZIP (1) 113:18 0 07 (2) 877-702-9580 24:25 86:13 08 (2) 25:2 26:9 09 (1) 28:9 1 1 (5) 53:22 54:5 59:4,16 176:9 1st (2) 20:21 27:23 1:12-cv-5358 (1) 1:7 10/28/13 (2) 118:18 176:15 101 (2) 130:23 176:14 11:15 (1) 92:24 11:17 (1) 95:25 118 (1) 176:15 12:26 (1) 96:4 13th (3) 32:23 33:6 34:8 1301 (1) 2:10 14 (2) 33:7 175:25 14th (1) 33:6 15 (1) 62:3 16 (3) 62:19 63:2,4 19th (1) 9:11 1988 (1) 18:17 1990 (1) 18:17 2 2 (4) 66:18,21 75:5 176:10 2/10/2014 (1) 175:18 2/27/2010 (1) 105:19 2:45 (1) 174:10 20 (2) 63:7,11 Page 20 2000 (3) 20:22 21:10,12 2001 (2) 21:12 22:7 2002 (2) 75:11 133:14 2007 (5) 23:16 24:15 133:18 135:24 136:3 2009 (2) 27:23,25 2010 (4) 101:4,18 109:2 122:6 2011 (5) 41:15 58:6 65:5,23 136:7 2012 (2) 29:20,21 2013 (7) 31:12 32:9 52:15 91:11,12 117:20 118:25 2014 (6) 1:20 2:5 32:23 175:25 177:5,21 219 (1) 3:18 23 (4) 100:10,16 108:23 109:22 233 (1) 3:8 24 (1) 109:22 25 (1) 109:22 27 (1) 58:6 28 (2) 100:17 109:22 28th (1) 118:24 29 (3) 1:20 2:5 177:5 3 3 (14) 55:6 56:12,24 98:2,4 98:7 102:7,9 103:18 108:22,23 109:20 122:7 176:12 3rd (1) 32:9 30 (1) 158:9 30(b)(6) (35) 1:18 2:9 13:14 49:14 52:3 53:9,13,21 54:7 57:10,12 58:18 58:24 59:14,23 60:15 65:18 86:5 88:8 104:13 105:5 106:12 107:8 110:24 111:13,22 134:15 137:8,17 138:16 164:23 168:22 173:21,23 176:9 9 9:05 (1) 2:6 90 (3) 16:10,13 19:2 92 (4) 16:13 20:8,13,21 98 (1) 176:12 4 4 (14) 101:25 102:4,16 105:15,17,18 109:4 109:18,19 111:25 168:8,9,11 176:13 5 5 (4) 118:19,22 176:5,15 53 (1) 176:9 6 6 (5) 120:7,11,11 121:13 158:12 600 (1) 2:10 60604 (1) 3:19 60606 (1) 3:9 66 (1) 176:11 7 70294 (1) 1:25 79 (1) 16:6 8 80 (1) 16:6 81 (3) 16:8 18:9,12 87 (2) 16:8 18:12 88 (2) 16:9 19:2 89 (3) 19:5,6 20:5 TSG Reporting - Worldwide 877-702-9580