(b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) JUNE 2015 ICE2012FOIA03030.000547 (b)(6), (b)(7)(c) ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 2 IMPORTANT: Mark all packages and papers with contract sndJor order numbers: DATE OF ORDER CONTRACT NO. 09/12/2013 ORDER WEMNOV suppueseeswces unn AMOUNT ORDERED Pmce ACCEPTED (0) (C) If) to) Exempt Action: Period of Performance: 09/12/2013 to 09/11/2016 0001 Bed Day Rate 180675 DA 100.00 Note: this is a fixed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for 165 detainees per day. The quantity stated is the Maximum quantity estimated for 36 months. The actual ordering quantity will be on issuance of Task Order. 165 Beds 3 365 Days 60,225 Bed Days 3 Years 180,675 Beds Days Obligated Amount: $0.00 Product/Service Code: 5206 Product/Service Description: HOUSBKEEPI NG- GUARD 0002 Transportation/Guard Services in accordance 1788 HR 40.00 with the Standard Inter?Governmental Service Agreement (IGSA) No. EROIGSA- 1 3-0006 . obligated Amount: $0.00 Product/Service Code: 8206 Product/Service Description: HOUSEKEE PI NG- GUARD . Estimated quantity only. Acutal ordering will be by issuance of Task Order. The total amount of award: $18,139,020-00. The obligation for this award is shown in box 17(1). TOTAL CARRIED FORWARD TO 151 PAGE (ITEM 17m? $0700 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM :48 (Ru m) PREVIOUS NOT UBABLE "a cm) 53 an". JUNE 2015 (b)(6), (b)(7)c (b)(6), (b)(7)(c) (b)(6), (b)(7)c (b)(6), (b)(7)(c) JUNE 2015 ICE2012FOIA03030.000549 EROIGSA- 3-0006 Article I. Purpose A. Purpose: The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the provision of the necessary physical structure, equipment, facilities, personnel, and services to provide a program of care in a properly staffed and secure environment under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees?. This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a law?il ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Service Provider shall provide all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the Agreement and ensure that the safekeeping, housing, subsistence, medical, and other program services provided to ICE detainees housed in the facility is consistent with civil detention authority, the PWS, requirements and ICE standards referenced in this agreement. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. C. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for 165 detainees. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the bed day rate. Bed Day Rate $100 per detainee Transportation/Guard Services $40 per hour Article II. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identi?ed herein until the need for detention services has been identi?ed, funding has been identi?ed and made available, and the Facility meets ICE requirements, and is in compliance with National Detention Standards. Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing. B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Page 2 of 24 JUNE 2015 Agreement when speci?c requirements have been identi?ed and funding obligated. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order in writing. The effective date of the Services will be negotiated and specified in a delivery order to this Agreement. The Service Provider shall be prepared to accept detainees immediately upon issuance of task order in accordance with the agreed upon ramp-up plan. C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer if it intends to house ICE detainees in a facility other than the If either the facility or any future facility is operated by an entity other than the Service Provider, ICE will treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. D. Consistent with Law: This is a firm ?xed rate agreement, not a cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Article Covered Services A. Bedspace: The Service Provider shall provide approximately 165 adult male/female beds. The Service Provider shall house all detainees as determined within the Service Provider?s classi?cation system. ICE will be ?nancially liable only for the actual bed days as defined in Paragraph of Article B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COR or designated ICE of?cial. ICE will use its best efforts to remove the juvenile within twenty-four (24) hours. Page 3 of 24 JUNE 2015 C. Unit of Service and Financial Liability: The unit of service is called a ?bed day? and is de?ned as one person per day. The bed day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such unallowable costs include but are not limited to: 1) Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of ?nancing/re?nancing, except as prescribed by OMB Circular A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies The Parties agree to base the cost of the bed day rate and all services provided on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Govemments, federal procurement laws, regulations, and standards D. Intemretive/Translation Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through a toll ?'ee line. The Service Provider shall provide all instructions verbally, either in English or the detainees? language, as appropriate, to detainees who cannot read. E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees who experience medical emergencies, offsite medical facilities, for appointments, guarding detainees, and any other locations requiring such services. Transportation Services shall be performed by at least quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. Page 4 of 24 JUNE 2015 EROIGSA-13-0006 Article IV. Receiving and Discharging Detainees A. Reguired Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed personnel or other properly identi?ed Federal law enforcement officials with prior authorization from Presentation of US. Government identi?cation will constitute ?proper identification.? The Service Provider shall ?irnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE will furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. B. Emergency Situations: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or in response to a federal writ of habeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COR or designated ICE of?cial immediately regarding any such requests. D. Safe Release: The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one mile from, public transportation shall transport detainees to local bus/train/subway stations prior to the time the last bus/train leaves such stations for the day. If public transportation is within walking distance of the detention facility, detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide tranSportation for any detainee who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health or safety of the detainee. Upon release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior to their release, detainees shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non-institutional clothing and footwear, weather appropriate, for their ?nal destination. Page 5 of 24 JUNE 2015 E. Service Provider Right of Refusal: The Service Provider retains the right to refuse acceptance of any detainee if such re?lsal is supported by a valid justi?cation and agreed to by the COR. Examples of such justi?cation are: any detainee exhibiting violent or disruptive behavior, or any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health care provider. In the case of a detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee ?'om the Facility. The Service Provider shall allow ICE reasonable time to make altemative arrangements for the detainee. F. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COR or designated ICE o?cial within two (2) hours of evacuation. Article V. National Detention Standards A. The Service Provider shall house detainees and perform related detention services in accordance with the most current edition of ICE National Detention Standards. The complete set of standards applicable to this procurement is available from the following website: standards/200W and are incorporated herein. ICE Inspectors will conduct periodic inspections of the facility to assure compliance with these ICE National Detention Standards. B. If a change in the standards identi?ed herein results in a documentable ?nancial impact to the Service Provider, the Service Provider must notify the Contracting Officer within five (5) days of receipt of the change and request either I) a waiver to the Standards or, 2) negotiate a change in per diem. C. The Service provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards con?ict with ICE Policy or Standards, ICE Policy and Standards will prevail. Article VI. Medical Services A. The Service Provider shall be responsible for providing health care services for ICE detainees at the facility, including: in-take arrival screening, tuberculosis testing and screening, on-site sick call, chronic care, over the counter and prescription medication and routine drugs and medical supplies. Page 6 of 24 JUNE 2015 B. In the event of an emergency, the Service Provider shall proceed immediately with necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or injury and type of treatment provided. The costs of all emergency medical services provided off-site will be the responsibility of ICE Health Service Corps (IHSC) and at no time shall the Service Provider or detainee incur any ?nancial liability related to such services. C. A true copy of a detainee?s medical records shall be transferred with the detainee upon request of the detainee. Otherwise a transfer summary shall accompany the detainee outlining necessary care during transit to include medications, medical precautions, equipment needed, and appropriately authorized methods of travel. D. The Service Provider shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certi?cations, and/or registrations with the State and/or City where they treat the population. The Service Provider shall retain, at a minimum, enough nurses per shift to ensure appropriate access to and delivery or care as speci?ed in this Agreement. E. The Service Provider shall ensure that onsite medical and health care coverage is available for all ICE detainees at the facility twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health requests and deliver them in writing to the medical and health care staff to be reviewed daily. F. The Service Provider shall ?lmish onsite health care under this Agreement as de?ned by the facility local health authority. The Service Provider shall not charge any ICE detainee a fee or co-payment for medical services or treatment provided at the Facility. The Service Provider shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local inmates, if there are any. G. Onsite health care personnel shall perform initial medical screening within 12 hours of arrival to the facility, including recording the history of past and present illnesses (mental and physical, medications, pregnancy status, history of substance abuse). Sick call coverage, provision of over-the-counter and prescription medications, treatment of minor injuries, chronic care conditions, accommodation of special needs, mental and dental health assessments shall be available to the detainee. Arrival screening shall include, at a minimum, Tuberculosis (TB) screening, and TB Testing using any Food and Drug Administration (FDA) approved method as recommended by the Centers for Disease Control and Prevention (CDC) for non-minimal risk detention facilities. A chest x-ray shall be performed as clinically indicated and for any detainees who have a medical risk factor for TB, including HIV infection, on corticosteroid or other immunosuppressive therapy, dialysis, transplant medications, or have a history of TB infection or inadequately treated TB disease. Page 7 of 24 JUNE 2015 EROIGSA- 13-0006 H. The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and in accordance with detention, 2008, National Commission on Correctional Health Care and ACA standards with the expectation to provide custody oversight and medication as needed. I. A full health assessment to include a history and hands on physical examination shall be completed within the ?rst 14 days of detainee arrival unless the clinical situation dictates an earlier evaluation. Detainees with chronic medical and/or mental health conditions shall receive prescribed treatment and follow-up care with the appropriate level of provider and in accordance with detention, National Commission on Correctional Health Care and ACA standards. J. If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence, or serious mental health condition), the Service Provider shall notify ICE. Upon such noti?cation, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. K. The Service Provider shall release any and all medical information for ICE detainees to the IHSC representatives upon request The Service Provider shall submit a Medical Payment Authorization Request to IHSC for payment for off-site medical care g. off site lab testing, eyeglasses, prosthetics, hospitalizations, emergency visits). The Service Provider shall enter payment authorization requests electronically as outlined in the User Guide (found at L. The Service Provider shall furnish twenty-four (24) hour emergency medical care and facility emergency evacuation procedures. In an emergency, as determined by the Service Provider, the Service Provider shall obtain the medical treatment required. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the organization listed below as soon as possible, and in no case more than seventy-two (72) hours a?er detainee receipt of such care. Authorized payment for all offsite medical services for the initial emergency need and for medical care required beyond the initial emergency situation will be made by the Veterans Administration Franchise Service Center (VA FSC) on behalf of directly to the medical provider(s). IHSC VA Financial Services Center PO Box 149345 Austin, TX 78714-9345 Phone: (800) 47ml 6), Fax: (512) 460-5538 Page 8 of 24 JUNE 2015 EROIGSA-13-0006 M. The Service Provider shall allow IHSC Managed Care Coordinators or any ICE personnel reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local IGSA Health Authority and associated Service Provider departments in accordance with HIPAA privacy exceptions at 45 CPR. 164.512 N. The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its sub-Service Provider/vendor upon request from the Contracting Of?cer?s Technical Representative or Contracting Of?cer in accordance with HIPAA privacy exception at 45 CPR. 164.512 which allows disclosure without consent to a correctional institution or a law enforcement of?cial having lawful custody of an inmate or other individual if the correctional institution or such law enforcement of?cial represents that such protected health information is necessary for: a. The provision of health care to such individuals; b. The health and safety of such individual or other inmates; c. The health and safety of the of?cers or employees of or others at the correctional institution; (1. The health and safety of such individuals and of?cers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; e. Law enforcement on the premises of the correctional institution; and f. The administration and maintenance of the safety, security, and good order of the correctional institution. g. Conducting a quality improvement quality of care review consistent with an established quality improvement (medical quality management) program and interfacing with the II-ISC quality improvement program consistent with federal, state, and local laws. 0. The Service Provider shall direct offsite medical providers to submit all medical invoices for authorized payment for medical, dental, and mental health services to the following address: VA Financial Services Center PO Box 149345 Austin TX 78714-9345 (800) 47r9