7-0003 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND Cibola County, N.M. Werrnm Serv-1c_ .d Department of Homeland Security Immigration and Customs Enforcement and Cibola County New Mexico, (?Service Provider?) for the detention and care of aliens (?detainees? . The term ?Parties? IS used in this Agreement to referjointly to ICE and the Service Provider. FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institution(s): Cibola County Correctional Center 2000 Cibola Loop Milan, New Mexico 87021 The following documents constitute the complete agreement: Intergovernmental Service Agreement (IGSA) Proposal dated 10/25/16, Attachment 1 - RESERVED Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts Attachment 3 - Wage Determination Number: 2015-2361 Dated 09/01/2016 Attachment 4 - Quality Control Plan (TO BE PROVIDED BY THE SERVICE PROVIDER PRIOR TO AWARD I Attachment 5 Quality Assurance Surveillance Plan - S.A. Performance Requirements Summary - 5.B. Sample Contract De?ciency Report Attachment 6 Performance Work Statement (PWS) Attachment 7 Staf?ng Plan (TO BE PROVIDED BY THE SERVICE PROVIDER WITH PROPOSAL) - Attachment 8- Incorporation of DHS PREA Standards 4/8/14 r2017 08:03 an 201700233 Page 1orae- 02'? p- 09902 02"33 bark and Recorder IN WITNESS WHEREOF, the undersigned, duly authorized of?cers, have subscribed their names on behalf of the [Name of Service Provider] and Department of Homeland Security, U. S. Immigration and Customs Enforcement. This Agreement shall become e?'ective upon the execution of all signatory parties below. ACCEPTED: . U.S. Immigration and Customs Enforcement William Qui'giey Contracting Of?cer Signature: i Dio Date: i 7/?ii BOARD OF COUNTY COMMISSIONERS APPROVED, ADOPTED AND PASSED on this 26?1 day of October, 2016. I I. .Wal er Jaramillo/ Robert Annijo /Commissionet;? tstrict II Commissioner, District I ABSENT MP Jack Moleres ?Patrick Simpson Commissioner, District Commissioner, District IV 0?6 (2%ng 31 '3 if, (Llode. Felipe E: a 58:3 /Commissioner, District an 5 Att??igffga {ii $33 . g?y Elisa Bro CibqlaCounty Clerk 4/8/14 1708-08 PM 20 01700233 Page 20f43:024bP1309903t02103 Za?rk and Racorde ?iti?l 11111111111111 nut 11 7-0003 Tony Boyd Cibola CountKManager . Signature: Date: 49 "526 011' 08 03 RN 201700233E Pasem 30:13:; 02gb p1 309934 ntozl?alglerk and Record" 2 EKUIUDA- 1 I Intergovernmental Service Agreement (IGSA) Table of Contents: Article 1. Purpose 4 Article 2. General 5 Article 3. Covered Services 6 Article 4. Receiving and Discharging Detainees 7 Article 5. ICE Performance-Based National Detention Standards and Other 9 Standards Article 6. Medical Services 9 Article 7. Employment Screening Requirements 13 Article 8. Period of Performance 20 Article 9. Inspections, Audit, Surveys, and Tours 20 Article 10. Modi?cations and Disputes 21 Article 11. Adjusting the Bed Day Rate 22 Article 12. Enrollment, Invoicing, and Payment 23 Article 13. ICE Furnished Property 24 Article 14. Hold Harmless Provisions 26 Article 15. Financial Records 26 Article 16. Transportation (if applicable) 27 Article 17. Guard Services 31 Article 18. Contracting Of?cer?s Representative (COR) 31 Article 19. Labor Standards and Wage Determination 32 Article 20. Noti?cation and Public Disclosures 32 Article 21. Incident Reporting 33 Article 22. Detainee Privacy 33 Article 23. Zero Tolerance for Sexual Harassment, Abuse, and Assault 34 Article 24. Detainee Telephone Services (DTS) 35 Article 25. Government Use of Wireless Communication Devices 36 Article 26. Certi?ed Cost and Pricing Data 36 Article 27. Combating Traf?cking in Persons 44 Article 28. Order ofPrecedence 46 Article 29. Reporting Executive Compensation and First-Tier Subcontract Awards 49 Article 30. Exclusivity 50 Article 31. Use of Service Provider?s Policies and Procedures 50 Article 32. Accreditation 50 Article 33. Quality Control 51 Article 34. Quality Assurance Surveillance Program (QASP) 52 Article 35. Physical Plant Requirements 49 3 291700233 Page 40MB: 024 P: 09905 0211031201? 09 08 RM 7-0003 Article 1. Purpose A. Pugpose: The purpose of this 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 ?'om 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, IGSA 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 1116 detainees. ICE will 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. Month 1 Ramp Pricing (1-847): 55 87.80 bed day rate (848 and above) 44.36 bed day rate Fixed Payment for 0-847 detainees 2,261,984.08 Bed Day Rate for detainee 848 and above 44.36 per detainee Escort Services at Regular Rate 55 $23.76 per hour Escort Services at Overtime Rate $29.50per hour Stationary Guard at Regular Rate $23.76per hour Stationary Guard at Overtime Rate $29.50per hour Detainee Work Program Reimbursement 1.00 per day *Transportation Costs See Article I 7, If this IGSA contains a population guarantee, ICE will not be liable for any failure to meet the population guarantee if such failure directly results from an occurrence that impairs the ability to use the facility's capacity, and such occurrence arises out of causes beyond the control and without the fault or negligence of ICE. Such causes may include, but are not limited to, acts of God or the public enemy, ?res, ?oods, freight embargoes, 4 court orders and extraordinarily severe weather. This provision shall become effective only if ICE inunediately noti?es the Provider of the extent and nature of the occurrence resulting in the failure and takes all reasonable steps to limit any adverse effects required by the occurrence. Article 2. General A. D. 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 ICE 2011 Performance-Based National Detention Standards Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing. CCA may submit requests to waive compliance with optimal standards within 180 days of the Agreement effective date. *Shauld there be a need for a ramp-up plan, the after-rive start of the plan is?'om the date of the ?rst detainee presented for housing. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal ?uids. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate ?mding. Orders will be placed under this 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 speci?ed in this Agreement. The Service Provider shall be prepared to accept detainees immediately upon issuance of task order and in accordance with any agreed upon ramp?up plan. 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 Cibola County Correctional Center. 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 Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?cer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall 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. AssigEent: The Service Provider may assign some or all of its responsibilities and liabilities for performance of this Agreement upon approval of ICE. E. Staffing: The number, type and distribution of staff as described in the contract-staf?ng plan shall be maintained throughout the term of the contract. Written requests to change the number, type andfor distribution of staff described in the staf?ng plan must be submitted to the CO, through the COR, for approval prior to implementation. Sta?ng levels shall not fall below a average of 95% of the approved staf?ng plan. Each month, the contractor shall submit to the COR the current average vacancy rate, and indicate any individual positions that have been vacant more than 120 days. Failure to ?ll any individual position within 120 days of the vacancy may result in a deduction ?om the invoice, if the vacancy in combination with other vacancies regardless of duration bring staf?ng levels below 95%. ICE may calculate the deduction retroactive to day one of the vacancy, excluding the days for ICE's conditional approval process, starting on the day of receipt and concluding on the day conditional approval is granted. The deduction will be based on the daily salary and bene?ts of the vacant position. No deduction shall apply during any period the Service Provider documents that a vacant position is covered through the use of overtime, contract staff or otherwise. F. Consistent with Law: This is a ?rm ?xed rate Agreement, not a cost reimbursable Agreement. This Agreement is permitted under applicable statutes, regulations, policies and 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 3. Covered Services A. Bedspace: The Service Provider shall provide and operate approximately a 1116 bed adult male civil detention facility. The facility shall be located within appropriate proximity and access to emergency services (medical, ?re protection, law enforcement, etc. The Service Provider will also ensure that adequate administrative Space in accordance with the Physical Plant Requirements listed under Article 35 of this agreement. ICE will be ?nancially liable only for the actual detainee days as de?ned in Paragraph of Article 3. 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. 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 remove the juvenile within seventy?two (72) hours. C. Unit of Service and Financial Liabili?: 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: DKUIUDA- 1 I 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 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 D. Interpretive/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 free 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 shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services shall be required for escorting detainees to court hearings; escorting detainees who are witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least two (2) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. F. Staffing Selection: The Service Provider will make all reasonable efforts to hire security and medical staff who are bilingual and speak English and HaitianSpanish or any other languages predominantly found in the detainee population. Article 4. Receiving and Discharging Detainees A. Required 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 of?cials with prior authorization from Presentation of US. Government identi?cation will constitute ?proper identi?cation.? The Service Provider shall furnish 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. 7-0003 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 horn 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 tran3portation 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 legal, medical and social services that are available in the release community and 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 hour the facility. 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. E. Service Provider Right of Re?isal. The Service Provider retains the right to re?ise acceptance of any detainee if such re?isal 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 from the Facility. The Service Provider shall allow ICE reasonable time to make alternative 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 of?cial within two (2) hours of evacuation. MLMULUULL Vvv?r Article 5. ICE Performance-Based National Detention Standards and Other Applicable Standards A. The Service Provider shall house detainees and perform related detention services at a minimum in accordance with the 2011 edition of ICE Performance Based National Detention Standards unless otherwise Speci?ed in this agreement. The complete set of standards applicable to this procurement is available from the following website: 1/ and are incorporated herein. CCA may submit requests to waive compliance with optimal standards within 180 days of the Agreement effective date. ICE InspectOrs will conduct periodic inspections of the Facility to assure compliance with the ICE 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 Of?cer within thirty (30) days of receipt of the change and request either 1) a waiver to the Standards or, 2) to negotiate a change in per diem. C. The Facility?s Operation shall re?ect the 2011 Expected Outcomes . Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. CCA may submit requests to waive compliance with optimal standards within 180 days of the Agreement effective date. D. The Service Provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) months, and Standards Supplement, Standards for Health Services in Jails, National Commission oh Correctional Health Care (N CCHC). Finally, the Service Provider will comply with all required elements (listed in Attachment 8) of Subpart A of the US. Department of homeland Security Regulation titled ?Standards to Prevent, Detect, and respond to Sexual Abuse and Assault in Con?nement Facilities?, 79 Fed. Reg. 13100 (Mar. 7, 2014) (DHS PREA). 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. If any requirements of the DHS PREA standards con?ict with the terms of the 2011 the DHS PREA standards shall prevail. Article 6. Medical Services A. The Service Provider shall be responsible for providing health care services for ICE detainees at the Facility in accordance with the 2011 including but not limited to: intake arrival screening, tuberculosis testing and screening, on-site sick call, chronic care, over the counter and prescription medication and durable medical equipment and medical supplies. B. In the event of an emergency, the Service Provider shall proceed immediately with providing necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or injury and 7?0003 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 full 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 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 within the State and/or City where they treat our detained pepulation. The Service Provider shall retain, at a minimum, enough medical staff and appr0priately trained and quali?ed personnel per shift to ensure appr0priate access to and delivery of care as addressed in 201 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 including an on-call physician, dentist and mental health professional, or designee, available 24 hours per day. 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 ftu'nish onsite health care under this Agreement as de?ned by the Facility local health authority on the effective date of this Agreement. 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 spelled out in 2011 G. Onsite health care personnel shall perform initial medical screening within (12) hours of arrival to the Facility. Sick call coverage, provision of over?the-counter and prescription medications, treatment of minor injuries, treatment of special needs and mental and dental health assessments shall be available to the detainees. Arrival screening shall include, all elements required by 2011 and at a minimum, Tuberculosis (TB) screening, planting of the TB skin test (PPD) or chest x-ray, and recording the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). H. The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and in accordance with detention, 2011 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 10 011- .t a shall receive prescribed treatment and follow-up care with the appropriate level of provider and in accordance with National Commission on Correctional Health Care (N CCHC) 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 preper 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 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 ?rmish 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 after detainee receipt of such care. Authorized payment for all off?site 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 IHSC directly to the medical provider(s). ICE Health Services Corps VA Financial Services Center PO Box 149345 Austin, TX 78714-9345 Phone: (800) 479-0523 Fax: (512) 460-5538 M. The Service Provider shall allow 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 exception at 45 C.F.R. 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 Representative or Contracting Of?cer in accordance with HIPAA privacy exception at 45 C.F.R. 164.512 which allows disclosure without 11 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 officers 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) 479?0523 P. The VA Financial Services Center provides prescription drug reimbursement for individuals in the custody of ICE Prescriptions are ?lled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Bene?ts Manager). Below is the process for obtaining prescriptions for ICE detainees: a. The Service Provider shall request a group number which should be used at the pharmacy in conjunction with the 004410 and Processor Control it IHSC assigned by Script Care Network to designate this is an ICE detainee. The custodial facility should either fax or take a copy of the prescription to their participating pharmacy and indicate that this is an ICE detainee. b. The pharmacy shall run the prescription through the Script Care network for processing. c. Formulary prescriptions will be diapensed; however, there will be no need for an exchange of cash between the pharmacy and custodial facility as the pharmacy will receive payment directly from Script Care. d. Non?Formulary prescriptions will follow the same procedure as formulary prescriptions; however, non?formulary medications will require prior authorization. The custodial facility will fax the Drug Prior Authorization Request Form to Script Care to 409-833?7435. The authorization will be 12 D?Uluun?L uvu-r loaded into the Script Care network and the pharmacy will receive a call indicating that the prescription has been approved. Non-Fonnulary urgent requests must be submitted in the above manner except an should be placed on the form marked for URGENT REQUEST and faxed to 409-923?7391. The authorization shall be loaded into the Script Care network and the pharmacy shall receive a call indicating the prescription has been approved. For further information regarding the Script Care Network please contact the VA Financial Services Center at 800-479-0523 or Script Care directly at 800-8 80?9988. Q. Facility Requirements for Infectious Disease Screening The Service Provider will ensure that there is adequate space and equipment to provide medical intake screening including a tuberculosis (TB) screening chest x?ray within the intake processing area. In order to prevent the spread of airborne infectious disease or cross contamination of zones within the facility, the HVAC system in the intake screening area will be designed to prevent air exchange between the intake screening area and any other area within the facility. (CDC guidelines Correctionalhtm) 13 7?0003 R. Tuberculosis Screening In order to prevent the transmission of TB to the resident population of a detention facility, the Service Provider will perform a TB screening as part of the routine intake screening within 12 hours of detainee admission and identify suspected TB disease before the detainee is assigned to a housing unit or is transferred from the intake processing area. Any chest x?ray screening will be performed by a trained and quali?ed health care provider and interpreted by a credentialed radiologist. Detainees will remain isolated from the rest of the facility population (remain in the intake screening area) until the chest x-ray report is obtained and the interpretation veri?es that the detainee is free of contagious TB. The turnaround time for chest x?ray interpretation should be four hours or less. Detainees who are identi?ed with con?rmed or suspected active TB will be assigned to an airborne infection isolation room and managed in accordance with the and CDC guidelines. There will be a process in place for detainees who refuse the screening assessment for TB. This process should comply with guidelines established by other nationally known detention facilities or the CDC. S. Tele-radiology Service Provider The Service Provider shall either use the services of the ICE Tale-radiology Service Provider (ITSP) or those of a Tele?radiology Service Provider of their choice and at the Service Provider?s cost. Prior to using the ITSP, the Service Provider shall contact the Contracting Of?cer to receive approval. The cost of the equipment, maintenance of the equipment, training of staff, and arrangements for interpretation of the x?rays by credentialed radiologists, and transmission of data to and from the detention facility are provided by the ITSP and charged directly to ICE. The Service Provider shall coordinate with the ITSP to ensure adequate space is provided for the equipment, connectivity and electrical services are installed, immediate 24/7 access to equipment for service and maintenance by ITSP technicians is granted, a tele-radiology coordinator is appointed and available for training by the ITSP, and medical staff is available to perform the screening exams and receive reports. The tele-radiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff. It is not necessary to appoint a hill time coordinator if the volume of work does not support a full time employee. T. Medical Countermeasures In the event of an anthrax attack where detainees have been or are suspected to have been exposed to anthrax spores, the Service Provider will provide the appropriate medical countermeasures within six (6) hours of the emergency declaration to include non- phannacological countermeasures such as decontamination and pharmacological countermeasures to include the appropriate antibiotic. To ensure proper pharmacological care, the Service Provider will adhere to at least one of the following: 1. Maintain an independent cache of antibiotics that could be administered to the maximum number of detainees that may be located within the Facility within a six (6) hour period after an emergency declaration on any given day and time. 14 J. I "uvuu 2. Partner with ICE where ICE provided medical countermeasures (MCM) will be stored at the Facility behind two pharmacy-approved locks, in a climate controlled environment that remains within the temperature range of 68? 77? at all times, is accessible within one 1) hour after an emergency declaration on any given day and time, and the ability to provide accountability reports to ICE as required (at least quarterly). The ICE provided MCM will be administered only to ICE detainees. 3. Obtain strategic national stockpile MCM from the local health department and administer to detainees within six (6) hours after an emergency declaration on any given day and time. Article 7. Employment Screening Requirements General: Performance under this Intergovermnental Service Agreement requires access to sensitive DHS information. The Service Provider shall adhere to the following. A. Employment Eligibility: Screening criteria that may exclude applicants ?'orn consideration to perform under this agreement includes: Criminal conduct, either as substantiated by convictions or independent evidence - Misconduct or negligence in employment Illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation - Alcohol abuse, without evidence of rehabilitation, of a nature and duration that suggests that the applicant would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the applicant or others - Falsi?cation and/or omission of pertinent information to in?uence a favorable employment decision Dishonest conduct, to include failure to honor just debts - National security concerns - Any other legitimate nondiscriminatory reason that DI-IS or it components find would adversely affect the efficiency of the service. Subject to existing law, regulations and/or other provisions of this Agreement, illegal or undocumented aliens shall not be employed by the Service Provider. The Service Provider shall certify that each employee working on this Agreement has a Social Security Card issued and approved by the Social Security Administration. The Service Provider shall be reSponsible to the Government for acts and omissions of his own employees. 15 7-0003 B. SUITABILITY DETERMINATIONS DHS will exercise control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable expedited entry on duty (BOD) decision based on preliminary security checks. The expedited BOD decision will allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a favorable flJIl employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Of?ce of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable BOD decision or suitability determination by the OPR-PSU. C. BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Backgron investigations will be processed through the Personnel Security Unit. Prospective Contractor employees shall submit the following completed forms to the Personnel Security Unit through the COR, no less than 5 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: Standard Form 85P, ?Questionnaire for Public Trust Positions? Form will be submitted via erlP (electronic Questionnaires for Investigation Processing) (2 copies) FD Form 25 8, ?Fingerprint Card? (2 copies) Foreign National Relatives or Associates Statement DHS 11000?9, ?Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act? Optional Form 306 Declaration for Federal Employment (applies to contractors as well) Authorization for Release of Medical Information 16 l. Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Defense Industrial Security Clearance Of?ce (DISCO) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity. An adequate and current investigation is one where the investigation is not more than ?ve years old and the subject has not had a break in service of more than two years. Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the Speci?c instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insuf?cient background information. The use of citizens, including Law?ll Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DI-IS IT systems and the information contained therein, to include, the development and I or maintenance of DHS IT systems; or access to information contained in and I or derived ?om any DHS IT system. D. TRANSFERS FROM OTHER DHS CONTRACTS: Personnel may transfer ?'om other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an eQip Worksheet will be submitted to the Intake Team to initiate a new investigation. Transfers will be submitted on the COR Transfer Form which will be provided by the Dallas PSU Of?ce along with other forms and instructions. E. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The may require drug screening for probable cause at any time and! or when the contractor independently identi?es, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. 17 EROI 7-00 03 DHS reserves the right and prerogative to deny and! or restrict the facility and information access of any Contractor employee whose actions are in con?ict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU through the COR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees? name and social security number, along with the adverse information being reported. The must be notified of all terminations/ resignations within ?ve days of occurrence. The Contractor will return any expired DHS issued identi?cation cards and building passes, or those of terminated employees to the COR. Ifan identi?cation card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass 01' card. The COR will return the identification cards and building passes to the responsible ID Unit. F. EMPLOYMENT ELIGIBILITY The contractor shall agree that each employee working on this contract will success?illy pass the DHS Employment Eligibility Veri?cation (E?Verify) program operated by USCIS to establish work authorization. The B-Verify system, formerly known as the Basic PiloUEmploment Eligibility veri?cation Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and] or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. 18 on- G. SECURITY MANAGEMENT The Contractor shall appoint a senior of?cial to act as the Corporate Security Of?cer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all GoVemment information and data accessed by the Contractor. The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Of?cer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DI-IS) operations and to the former Immigration and Naturalization Service operations (PINS). These entities are hereafter referred to as the Department. H. INFORMATION TECHNOLOGY SECURITY CLEARANCE When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated background investigations commensurate with the de?ned sensitivity level. Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws Privacy Act). 19' INFORMATION TECHNOLOGY SECURITY TRAINING AND OVERSIGHT All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Contractors who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department contractors, with signi?cant security responsibilities, shall receive specialized training speci?c to their security responsibilities annually. The level of training shall be commensurate with the individual?s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Of?ce or Information System Security Of?cer (1880). Article 8. Ordering Period, the Guaranteed Minimum, and Termination This Ordering Agreement becomes effective upon the date of ?nal signature by the Contracting Of?cer and the authorized signatory of the Service Provider and the Ordering Period will remain in effect for 60 months, and may be extended by bi-lateral modi?cation or terminated in writing by either party. Either party must provide written notice of intention to terminate the Ordering Agreement, 60 days in advance of the effective date of termination, or the Parties may agree to a shorter period. There are no termination costs associated with the termination of the Ordering Agreement, nor is the Government required to place Orders beyond the guaranteed minimum ordering period. The guaranteed minimum ordering period is the greater of 60 days of services, or $4,523,968.08. Individual Task Orders may be terminated by the Government, provided 60 days? notice is given to the Service Provider in advance of the effective date of termination, although the Parties may agree to a shorter noti?cation period. For terminations under this Article, ICE will be under no ?nancial obligation for any costs related to the termination. The Service Provider will only be paid for the 60 days of service provided to ICE up to and including the clay of termination. Article 9. Inspections, Audit, Surveys, and Tours 20 A. Facility Inspections: The Service Provider shall allow ICE or an entity or organization approved by ICE to conduct inepections of the Facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will share ?ndings of the inspection with the Service Provider's Facility Administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. B. ICE may not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE may remove all detainees from the Facility within seven (7) calendar days. Any minimum guarantee stated elsewhere in this Agreement is no longer applicable if detainees are removed as a result of two overall ratings less than acceptable. No ?irther funds will be obligated and no further payments will be made. C. Possible Termination: Ifthe Service Provider, after being afforded a reasonable time of at least 30 days to comply, fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to any other provisions in this Agreement. D. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. The Service Provider shall cooperate fully with the Detention Service Manager (DSM). E. Access to Detainee and Facilitv Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access includes, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in the Service Provider?s custody; provided, however that access to medical and mental health record information be provided in accordance with Article VI. Furthermore, the Service Provider shall retain all records where this right of access applies for a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody. This right of access speci?cally applies to all inspections and other Facility reports. Article 10. Modi?cations and Disputes A. Modi?cations: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. A modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer has approved the modi?cation in writing. B. Chan Orders: 21 1. The Contracting Of?cer may at any time, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreement in any one or more of the following: Description of services to be performed, including revisions to the applicable Detention Standards. Place of performance of the services. 2. If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Of?cer will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. 4. If the Service Provider?s proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Officer, the Contracting Of?cer will disallow those costs when determining a revised rate, if any. 5. Failure to agree to any adjustment will be a diSpute under the Disputes section of the Agreement. However, nothing in this Article excuses the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes will be memorialized in a written modi?cation between the ICE Contracting Of?cer and authorized signatory of the Service Provider. In the event a diSpute is not able to be resolved between the Service Provider and the ICE Contracting Of?cer, the ICE Contracting Of?cer will make the ?nal decision. If the Service Provider does not agree with the ?nal decision, the matter may be appealed to the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. Article 11. Adjusting the Bed Day Rate ICE will reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Service Provider may request a rate adjustment no less than thirty-six (36) months after the effective date of the Agreement unless required by law (see Article 19). A?er thirty-six (36) months, the Service Provider may request a rate by submitting a new Jail Services Cost Statement with a summary of the rate adjustrnent, break-out of the requested increase amount, and back?up documentation necessary to support the request. The Parties agree to base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the 22 1 bed day rate. If ICE does not receive an official request for a bed day rate adjustment that is supported by the information provided, the ?xed bed day rate as stated in this Agreement will be in place inde?nitely. All rate adjustments are prospective. As the bed day rate is ?xed, there are no retroactive adjustment(s). Article 12. Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic ?rnds transfer (EFT). Since January 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form The Service Provider shall submit a completed SF 3881 to ICE payment of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment of?ce. B. Consolidated Invoicing: The Service Provider shall submit an original itemized invoice within the ?rst ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: 1. By mail: DI-IS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: 2. By fax: (include a cover sheet with point of contact and number of pages) 802-288-7658 3. By e?mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Service Provider?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. Each invoice submitted shall contain the following information: 23 7-0003 Name and address of the Facility; Invoice date and number; Agreement number, line item number and, if applicable, the Task Order number; Terms of any discount for prompt payment offered; Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). Total number of bed days; total number of miles. Bed day rate; . Number of bed days multiplied by the bed day rate; 10. Name of each detainee; ll. Resident?s/detainee?s A-number; 12. Speci?c dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. For stationary guard services, the itemized invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was guarded. 15. For Mileage, the itemized invoice shall include a copy of the GSA webpage that shows the mileage rate being applied for that invoice. ?0 Items 1 through 14 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. C. Pament: ICE will transfer ?uids electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (30m) calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the check, or the date it executes an electronic transfer of funds, constitutes the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor Registration (OCR) and all information is accurate. Article 13. ICE Furnished Property A. ICE Prouertv Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed Space made available to ICE is agreed to be grounds for the recall and return of any or all ICE ?imished property. E. Service Provider Responsibilitv: The Service Provider shall not remove ICE property from the Facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any ICE property immediately to ICE. 24 I _vau 25 7-0003 Article 14. Hold Harmless Provisions Unless speci?cally addressed by the terms of this Agreement, the parties agree to be reSponsible for the negligent or wrongful acts or omissions of their respective employees. A. Service Provider Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the perfonnance of this Agreement and caused by the negligence of its ovm of?cers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall notify ICE of any claims or lawsuits ?led against any ICE employees of which Service Provider is noti?ed. The Service Provider will be held hannless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this Agreement. B. Federal Government Held Harmless: Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement and caused by the negligence of its own of?cers, employees, agents and representatives is governed by the applicable State tort claims act. ICE will notify the Service Provider of any claims ?led against any of Service Provider?s employees of which ICE is noti?ed. The Federal Government will be held harmless for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the performance of this Agreement. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, or a detainee ?les suit as a result of an administrative error or omission of the Federal Government, ICE will request that the US. Attorney's Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of preper jurisdiction. Regardless of the decision on any such motion, ICE will request that the US. Attorney's Of?ce be responsible for the defense of any suit on these grounds. D. ICE Recovery Right: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. Article 15. Financial Records A. Retention of Records: All ?nancial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for three (3) years for pmposes of federal examinations and audit. The three (3) year retention period begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and 26 resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later. B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its subcontractors, which are pertinent to contract compliance in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE will apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Govermnent by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article 16. A. All transportation of ICE detainees shall be conducted in accordance with the ICE 2011 Furthermore, except in emergency situations, a single of?cer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an of?cer of the same gender as the detainee(s) must be present. B. In the event of transportation services involving distances that exceed a twelve (12) hour workday to complete, the Service Provider shall be reimbursed for related costs of lodging and meals commensurate with the US. General Services Administration rates for such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate for the transPortation of?cer position speci?ed in Article I. C., Rates. Overnight lodging resulting from tran5portation services shall be approved? in advance by the COR or designated ICE of?cial. All transportation services shall be accomplished in an appropriate and economical manner. C. The Service Provider personnel provided for the above services shall be of the same quali?cations, receive the same training, complete the same security clearances, and wear the same uniforms as those Service Provider personnel provided in the other areas of this Agreement. Transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and the state Department of Motor Vehicles (DMV) (or Motor Vehicles Department (MVDD Medical Certi?cation. D. Transoort/EscorUStationarv Services Rate: The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground services as may be required to transport detainees housed at the facility securely, in a timely manner, to locations as directed by the ICE COR or designated ICE of?cial. At least two (2) quali?ed law enforcement or correctional 27 of?cer personnel employed by the Service Provider under their policies, procedures and practices shall perform transport services. Furthennore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an errpectation that a pat search will occur during transport, an of?cer of the same gender as the detainee(s) must be present. E. Medical/Legal Transportation: The Service Provider shall provide transportation and escort guard services for ICE detainees to and from a medical facility for outpatient care and attending off?site court proceedings. An officer or o?icers shall keep the detainee under constant supervision twenty?four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COR. The number of escorts will be determined by the COR. The Service Provider agrees to augment such practices as may be requested by ICE to enhance Speci?c requirements for security, detainee monitoring, visitation, and contraband control. F. The Service Provider shall, upon order of the COR, or upon its own decision in an urgent medical situation with noti?cation to the COR immediately thereafter, transport a detainee to a hospital location. An of?cer(s) shall keep the detainee under supervision 24 hours per day until the detainee is ordered released from the hospital, or at the order of the COR. The Service Provider shall then return the detainee to the Facility. The Service Provider shall ensure that at least one of?cer responsible for the security of the detainee while he is an in?patient at the hospital will be of the same sex as the detainee. G. Service Provider Furnished Vehicles: Ifthe Service Provider is to use its own vehicles, the following requirements apply to this agreement. 1. The Service Provider shall not allow employees to use their personal vehicles to transport detainees. 2. The Service Provider shall furnish suitable vehicles in good condition, approved by the Government, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. 3. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees ?'om guards. The Service Provider shall provide interior security speci?cations of the vehicles to ICE for review and approval prior to installation. 4. Nothing in this Agreement shall restrict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government. H. Government Furnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement.(Not Applicable) 28 urn-1 1. If ICE chooses to authorize Service Provider employees to operate Government fin-rushed vehicles, the Government will provide the Service Provider with Government Vehicles and Government Fleet Cards (for the purchase of fuel) for the purpose of transporting detainees to and from ICE Designated Facilities (see Route List or Analysis), or alternative transportation sites, in support of BRO transportation needs under this Agreement. The vehicles assigned for this purpose will remain the property of the Federal Government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered through the Government?s Fleet Management Program. The Service Provider agrees to be responsible for reimbursement to ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the Service Provider, its employees and or persons acting on behalf of the Service Provider. The Service Provider shall be responsible to report any accidents or damage to the Government Vehicles in accordance with the ICE Management Directives listed below and any other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in making any claims against a third party at fault for causing the property damage to the Government Vehicles. In addition, the Service Provider agrees to assume ?nancial responsibility for any claims or litigations ?led by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the Service Provider, agents, or other persons acting on behalf of the Service Provider. The Service Provider agrees to fully cooperate and assist ICE in the defense of any claims made against ICE. In order for ICE to maintain accurate ?eet records of the transportation services, the Service Provider of?cers utilizing the vehicles shall complete speci?c documentation that will be provided by ICE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used. The form that is required is the Of?cial Detail Form (formerly G-39l). This form is to be ?lled out at the beginning of each shift. At the end of a shift, the form is to be provided to the ICE Shift Supervisor with a copy to the COR. The Service Provider shall keep the original for three years. The form is Attachment 8 to this Agreement. The COR will provide forms to the Service Provider to request and authorize routine maintenance of vehicles. The Service Provider shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees or licensing expenses made necessary by the loss of any paperwork associated with the vehicles. 29 7?0003 7. The Government will provide instruction on the proper use of the Fleet Card to all Service Provider personnel responsible for the operation of any Government Vehicle. The instruction will be in accordance with the DHS Fleet Card Manual (Attachment 8). 8. A list of the Government vehicles authorized for use by the Service Provider is found as Attachment 9. 1. Training and Compliance: The Service Provider shall comply with ICE transportation standards related to the number of hours the Service Provider?s employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. The Service Provider personnel provided for the above services shall be of the same qualifications, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this Agreement. J. Miscellaneous Transportation: The COR may direct the Service Provider to transport detainees to unspeci?ed, miscellaneous locations not exceeding 240 miles roundtrip no more than twice a month. K. When the COR provides documents to the Service Provider concerning the detainee(s) to be transported and/or escorted, the Service Provider shall deliver these documents only to the named authorized recipients. The Service Provider shall ensure the material is kept con?dential and not viewed by any person other than the authorized recipient. L. The Service Provider shall establish a Operational communication system compatible with ICE conununication equipment that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the COR shall be provided with current status of all vehicles and post assignment employees. M. Failure on the Service Provider?s part to comply fully with the detainee(s) departure as pre-scheduled may result in the Service Provider having deductions made for non- performance. N. Armed Transportation Of?cers: All transportation Detention Of?cers shall be armed in the performance of these duties. 0. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. P. Anticipated Transportation Routes: The following transportation routes and/or destinations are anticipated requirements for this Agreement. The following requirements are one way routes from the Facility. Mileage may vary from the table depending on the starting point of the destination. These routes are not all inclusive and should not be limited to the following: 30 7-0003 Mileage From FACILITY Locations City Frequency 5 days a Albuquerque Airport week 5 days a Albuquerque Sub Of?ce week Torrance County Detention Facility to 5 days a Albuquerque Sub of?ce week 2 days a Cibola to El Paso SPC week Cibola to San Diego! AZ Meet and 3 days a Greet week Article 17. Guard Services A. The Service Provider agrees to provide stationary guard services, at a separately agreed hourly rate, on demand by the COR and shall include, but not limited to, escorting and guarding detainees to medical or doctor's appointments, hearings, ICE interviews, and any other remote location requested by the COR. Quali?ed detention of?cer personnel employed by the Service Provider under its policies, procedures, and practices will perform such services. The Service Provider agrees to augment such practices as may be requested by CO or COR to enhance speci?c requirements for security, detainee monitoring, visitation, and contraband control. Public contact is prohibited unless authorized in advance by the COR. B. The Service Provider shall be authorized two o?icers for each such remote location, unless additional of?cers are required, per the direction of the COR or designated ICE of?cer. Except in cases of an emergency, one of the two above referenced of?cers shall be of the same sex as the detainees being assigned to the remote location. C. The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the names of the detainees that were guarded. Such services shall be denoted as a separate item on submitted invoices. ICE agrees to reimburse the Service Provider for actual stationary guard services provided during the invoiced period. Article 18. Contracting Officer?s Representative (COR) A. The COR will be designated by the Contracting Of?cer. When and if the COR duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise 31 EROIGSA-I 7-0003 commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. B. Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scepe of the agreement without ?rst contacting the Contracting Of?cer. The Service Provider shall continue performance of efforts that are deemed within the scope. Article 19. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment 2. These standards and provisions are included in every contract and IGSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to ?lmish services through the use of service employees. B. Wage Determination: Each service employee employed in the performance of this Agreement shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as speci?ed in any wage determination attached to this Agreement. (See Attachment 3 .. Wage Determination) C. FAR 52.22243 Fair Labor Standards Act and the Service Contract Act-Price Adjustment (Multiyear and Option Contracts) is incorporated by reference. Article 20. Notification and Public Disclosures A. Information obtained or developed as a result of this IGSA is under the control of ICE and is subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. Insofar as any documents created by the Service Provider contain information developed or obtained as a result of this IGSA, such documents shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. To the extent the Service Provider intends to release the IGSA or any information relating to, or exchanged under, this IGSA, the Service Provider agrees to coordinate with the ICE Contracting Of?cer prior to such release. The Service Provider may, at its discretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Service Provider's governing body for approval. B. The CO shall be noti?ed in writing of all litigation pertaining to this IGSA and provided copies of any pleadings ?led or said litigation within ?ve working days of receipt. The Service Provider shall cooperate with Governmentlegal staff and/or the United States Attorney regarding any requests pertaining to federal or Service Provider litigation. 32 EROIGSA- 7-0003 C. The Service Provider shall notify the CO when a member of the United States Congress requests information or makes a request to visit the facility. The Service Provider shall coordinate all public information related issues pertaining to ICE detainees with the CO. All press statements and releases shall be cleared, in advance, with the ICE Of?ce of Public Affairs. The Service Provider shall make public announcements stating the facts of unusual or newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes ?'orn custody, and facility emergencies. D. With reapect to public announcements and press statements, the Service Provider shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily re?ect the position of the United States Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations. Article 21. Incident Reporting A. The COR shall be noti?ed immediately in the event of all serious incidents. The COR will provide after-hours contact information to the Service Provider at the time of award. B. Serious incidents include, but are not limited to: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work?place violence, civil disturbances/protests); staff use of force including use of lethal and less?lethal force (includes inmates in restraints more than eight hours); assaults on staff/inmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; serious physical injury to any detainee, regardless or the source; fires; full or partial lock down of the Facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves, tomadoes); fence damage; power outages; bomb threats; detainee admitted to a community beepital; witness security cases taken outside the Facility; signi?cant environmental problems that impact the facility operations; transportation accidents (Le. airlift, bus) resulting in injuries, death or property damage; and allegations or reports of sexual assaults. C. The Service Provider agrees to cooperate with any Federal investigation concerning incidents and treatment involving ICE detainees to the full extent of its authorities, including providing access to any relevant databases, personnel, and documents. Article 22. Detainee Privacy A. The Service Provider agrees to comply with the Privacy Act of 1974 and the agency rules and regulations issued under the Act in the design, development, or 33 7-0003 Operation of any system of records on individuals to accomplish an agency function when the Agreement speci?cally identi?es the systems of records; and (ii) the design, development, or operation work that the Service Provider is to perform. The Service Provider shall also include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and B. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the of?cers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the agreement is for the operation of a system of records on individuals to accomplish an agency function, the Service Provider is considered to be an employee of the agency. 1. ?Operation of a system of records,? as used in this Article, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. 2. ?Record,? as used in this Article, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. 3. ?System of records on individuals,? as used in this Article, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Article 23. Zero Tolerance for Sexual Harassment, Abuse, and Assault A. The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program in accordance with the DHS PREA standards referenced in Article 5 above. This program shall include training that is given separately to both staff and detainees, in accordance with the Prison Rape Elimination Act (PREA) and 2011 2.11. Additionally, the Service Provider will hire staff to perform the duties of a Prevention of Sexual Assault Program Coordinator as well as an Investigator with specialized PREA training to ensure the appropriate prevention, intervention, response and investigation of allegations of sexual abuse or assault. B. The Service Provider will ensure that information regarding the facility?s policy on sexual abuse/assault is included in the detainee handbook; that the facility articulates 34 I to staff and to detainees and adheres to a standard of zero tolerance for incidents of sexual abuse or assault; that detainees shall be encouraged to report acts of harassment of a sexual nature, or abuse or signs of abuse observed; that victims of sexual abuse are given timely access to emergency medical treatment and crisis intervention services; that training is included for all staff to ensure that they ful?ll their responsibilities under the Service Providers? Sexual Abuse and Assault Prevention and Intervention Program; that the facility reports immediately all sexual abuse and/or assault to that the Service Provider develops and implements a policy that includes: an evidence protocol for sexual assault, including access to a forensic medical exam, an internal administrative investigation process that will not compromise a criminal investigation. The Service Provider will also maintain a policy that requires medical staff to report allegations or suspicions of sexual assault to appropriate facility staff, how the victim?s medical, mental health and future safety needs will be addressed; appropriate disciplinary sanctions, how a detainee may contact the Of?ce of the Inspector General to confidentially report sexual abuse or assault. Article 24. Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to D. telephones as speci?ed in the ICE 201 1 Performance-Based National Detention Standard on Telephone Access. Telephones shall be located in an area that provides for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls- If authorized to do so under applicable law, the Service Provider shall monitor and record detainee conversations. If detainee telephone conversations can be monitored under applicable law, the Service Provider shall provide notice to detainees of the potential for monitoring. However, the Service Provider shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. a court, or for the purpose of obtaining legal representation. A detainee?s call to a court, a legal representative, the DHS Of?ce of Inspector General, the DHS Of?ce for Civil Rights and Civil Liberties, or for the purposes of obtaining legal representation may not be electronically monitored without a court order. Telephone rates shall not exceed the FCC rates for inmate telephone service, as well as State established rates where applicable, and shall conform to all applicable federal, state, and local teiephone regulations including the FCC order entitled Rates for Interstate Inmate Calling Services, 78 Fed. Reg. 67956 (November 13, 2013). Video phones, portable electronics or other enhanced telecommunications features provided by the DTS contractor to ICE detainees, based upon concurrence between ICE and the Service Provider, may be added in the future subject to negotiation at no cost to ICE. These features may not in any way compromise the safety and security of the detainees, staff or the facility. Any new or enhanced telecommunications features must be integrated within the DTS service and can NOT be a separate system 35 or software from the DTS service. Such capabilities may now or in the future include; video visitation, limited web access for law library, email, kites, cornmissary ordering, educational tools, news, sports, and video games. Pricing for the use of these technologies will be set by the DTS provider, subject to negotiations with ICE, and shall be negotiated at a future time and date if required. E. Facilities: The ICE designated DTS Contractor shall be the exclusive provider of detainee telephones for this facility. This will occur at the expiration of any current contract with a Telecommunications Company. The Service Provider shall make all arrangements with the DTS Contractor per the DTS Contract. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit services. The DTS Contractor shall be responsible for furnishing all inventory and supply of all DTS calling services to the Service Provider. The DTS Contractor shall be responsible for the costs incurred for installation of the equipment, any telephone charges incurred from the operation of DTS, and the maintenance and operation of the system. The Service Provider shall not be entitled to any commissions, fees, or revenues generated the detainee telephones. F. The Service Provider shall inSpect telephones for serviceability, in accordance with ICE 2011 Performance-Based National Detention Standards and ICE policies and procedures. The Service Provider shall notify the COR or ICE designee of any inoperable telephones. CC. DTS Contractor Information: Talton Communications 910 Ravenwood Dr. Selma, AL 36701 Robin Hall Mike Oslund Customer Relations Manager Operations Manager (334) 375-7842 (334) 375-4200 Article 25. Government Use of Wireless Communication Devices All personnel that have been issued a Federal Government owned wireless communication device, including but not limited to, cellular telephones, pagers or wireless Internet devices, are authorized to possess and use those items in all areas of the facility in which ICE detainees are present. Article 26. Certi?ed Cost and Pricing Data A) Requirements for Certi?ed Cost or Pricing Data and Data Other Than Certi?ed Cost or Pricing Data 36 Exceptions from certified cost or pricing data. (1) In lieu of submitting certi?ed cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Of?cer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. Identi?cation of the law or regulation establishing the price ofered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document. (ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include (A) For catalog items, a copy of or identi?cation of the catalog and its date, or the appropriate pages for the offered items, provide a copy or describe current discount - policies and price lists (published or unpublished), wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market?priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The offeror grants the Contracting Of?cer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or pro?t information or other data relevant solely to the offeror?s determination of the prices to be offered in the catalog or marketplace. Requirements for certi?ed cost or pricing data. If the offeror is not granted an exception from the requirement to submit certi?ed cost or pricing data, the following applies: (1) The offeror shall prepare and submit certi?ed cost or pricing data, and data other than certi?ed cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before IGSA award, the offeror shall submit a Certi?cate of Current Cost or Pricing Data, the format of which is at the end of this Article. 37 EROIGSA-17-0003 B) Requirements for Certified Cost or Pricing Data and Data Other Than Certi?ed Cost or Pricing Data Modifications Exceptions?'om certified cost or pricing data. (1) In lieu of submitting certi?ed cost or pricing data for modi?cations under this IGSA, for price adjustments expected to exceed $700,000 on the date of the agreement on price or the date of the award, whichever is later, the Service Provider may submit a Written request for exception by submitting the information described in the following subparagraphs. The Contracting Of?cer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable Identi?cation of the Imv or regulation establishing the price o?izred. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document. (2) The Service Provider grants the Contracting Of?cer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or rengatiOn, access does not extend to cost or pro?t information or other data relevant solely to the Service Provider?s determination of the prices to be offered in the catalog or marketplace. Requirements for certified cost or pricing data. If the Service Provider is not granted an exception from the requirement to submit certi?ed cost or pricing data, the following applies: (1) The Service Provider shall submit certi?ed cost or pricing data, data other than certi?ed cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before award, the Service Provider shall submit a Certi?cate of Cturent Cost or Pricing Data. The form is included at the end of this Article. C) Subcontractor Certified Cost or Pricing Data Before awarding any subcontract expected to exceed $700,000 on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modi?cation involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certi?ed cost or pricing data (actually or by speci?c identi?cation in writing), to include any information reasonably required to explain the subcontractor?s estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (I) the prices are based upon adequate price competition, or (2) if a waiver has been granted. 38 1 I The Service Provider shall require the subcontractor to certify in substantially the form at the end of this Article that, to the best of its knowledge and belief, the data submitted under paragraph of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modi?cation. (0) In each subcontract that exceeds $700,000, when entered into, the Service Provider shall insert either - (1) The substance of this clause, including this paragraph if paragraph of this clause requires submission of certi?ed cost or pricing data for the subcontract; or (2) The substance of the Section below entitled ?Subcontractor Certi?ed Cost or Pricing Data - Modi?cations.? D) Subcontractor Certi?ed Cost or Pricing Data Modi?cations The requirements of paragraphs and of this Section shall (1) Become operative only for any modi?cation to this IGSA involving a pricing adjustment expected to exceed $700,000; and (2) Be limited to such modi?cations. Before awarding any subcontract expected to exceed $700,000, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modi?cation involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certi?ed cost or pricing data (actually or by speci?c identi?cation in writing), to include any information reasonably required to explain the subcontractor?s estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (1) prices of the modi?cation are based upon adequate price competition, or (2) if a waiver has been granted. The Service Provider shall require the subcontractor to certify in substantially the form at the end of this Article that, to the best of its knowledge and belief, the data submitted under paragaph of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modi?cation. The Service Provider shall insert the substance of this Article, including this paragraph in each subcontract that exceeds $700,000 on the date of agreement on price or the date of award, whichever is later. E) Price Reduction for Defective Certified Cost or Pricing Data If any price, including pro?t or fee, negotiated in connection with this IGSA, or any cost reimbursable under this IGSA, was increased by any signi?cant amount because 39 7-0003 (1) The Service Provider or a subcontractor furnished certi?ed cost or pricing data that were not complete, accurate, and current as certi?ed in its Certi?cate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Service Provider certi?ed cost or pricing data that were not complete, accurate, and current as certi?ed in the Service Provider?s Certi?cate of Current Cost or Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the IGSA shall be modi?ed to re?ect the reduction. Any reduction in the IGSA price under paragraph of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and pro?t markup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Service Provider; provided, that the actual subcontract price was not itself affected by defective certi?ed cost or pricing data. (0) (1) If the Contracting Of?cer determines under paragraph of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modi?ed even if accurate, complete, and current certi?ed cost or pricing data had been submitted. (ii) The Contracting Of?cer should have known that the certi?ed cost or pricing data in issue were defective even though the Service Provider or subcontractor took no af?nnative action to bring the character of the data to the attention of the Contracting Of?cer. The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the cost of each item procured under the IGSA. (iv) The Service Provider or subcontractor did not submit a Certi?cate of Current Cost or Pricing Data. (2) Except as prohibited by subdivision of this clause, an offset in an amount determined appropriate by the Contracting Of?cer based upon the facts shall be allowed against the amount of a IGSA price reduction if (A) The Service Provider certi?es to the Contracting Of?cer that, to the best of the Service Provider?s knowledge and belief, the Service Provider is entitled to the offset in the amount requested; and 40 I (B) The Service Provider proves that the certi?ed cost or pricing data were available before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if (A) The understated data were known by the Service Provider to be understated before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the IGSA price would not have increased in the amount to be offset even if the available data had been submitted before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data. If any reduction in the IGSA price under this clause reduces the price of items for which payment was made prior to the date of the modi?cation re?ecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certi?ed cost or pricing data that were incomplete, inaccurate, or noncurrent. F) Price Reduction for Defective Certi?ed Cost or Pricing Data - Modi?cations This Article shall become operative only for any modi?cation to this IGSA involving a pricing adjustment expected to exceed $700,000, except that this Article does not apply to any modi?cation (1) where prices of the modi?cation are based upon adequate price competition, or (2) when a waiver has been granted. If any price, including pro?t or fee, negotiated in connection with any modi?cation under this clause, or any cost reimbursable under this IGSA, was increased by any signi?cant amount because (1) the Service Provider or a subcontractor furnished certi?ed cost or pricing data that were not complete, accurate, and current as certi?ed in its Certi?cate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Service Provider certi?ed cost or pricing data that were not complete, accurate, and current as certi?ed in the Service Provider?s Certi?cate of Current Cost or Pricing Data, or 41 7-0003 (3) any of these parties ?lmished data of any description that were not accurate, the price or cost shall be reduced accordingly and the IGSA shall be modi?ed to re?ect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modi?cations for which this clause becomes operative under paragraph of this clause. Any reduction in the IGSA price under paragraph of this clause due to defective data from a pmSpective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and pro?t markup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Service Provider; provided, that the actual subcontract price was not itself affected by defective certi?ed cost or pricing data. 1) If the Contracting Of?cer determines under paragraph of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modi?ed even if accurate, complete, and current certi?ed cost or pricing data had been submitted. (ii) The Contracting Of?cer should have known that the certi?ed cost or pricing data in issue were defective even though the Service Provider or subcontractor took no af?rmative action to bring the character of the data to the attention of the Contracting Of?cer. The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the cost of each item procured under the IGSA. (iv) The Service Provider or subcontractor did not submit a Certi?cate of Current Cost or Pricing Data. (2) Except as prohibited by subdivision of this clause, an offset in an amount determined appropriate by the Contracting Of?cer based upon the facts shall be allowed against the amount of a IGSA price reduction if - (A) The Service Provider certi?es to the Contracting Officer that, to the best of the Service Provider?s knowledge and belief, the Service Provider is entitled to the o?'set in the amount requested; and (B) The Service Provider proves that the certi?ed cost or pricing data were available before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if - 42 (A) The understated data were known by the Service Provider to be understated before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the IGSA price would not have increased in the amount to be offset even if the available data had been submitted before the ?as of? date speci?ed on its Certi?cate of Current Cost or Pricing Data. If any reduction in the IGSA price under this clause reduces the price of items for which payment was made prior to the date of the modi?cation re?ecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid 1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certi?ed cost or pricing data that were incomplete, inaccurate, or noncurrent. Certi?cate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted, either actually or by speci?c identi?cation in writing, to the Contracting Officer or to the Contracting Of?cer?s representative in support of ?j are accurate, complete, and current as of This certi?cation includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the o?'eror and the Government that are part of the proposal. Service Provider Signature Name Title Date of Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying number RFP Insert the day, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price. 43 Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Article 27. Combating Traf?cking in Persons De?nitions. As used in this clause? ?Coercion? means? (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. ?Commercial sex act? means any sex act on account of which anything of value is given to or received by any person. ?Debt bondage? means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and de?ned. ?Employee? means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. ?Forced Labor? means knowingly providing or obtaining the labor or services of a person??- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. ?Involuntary servitude? includes a condition of servitude induced by means of? (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. ?Severe forms of traf?cking in persons? means?? 44 7-0003 (1) Sex traf?cking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. ?Sex traf?cking? means the recruitment, harboring, tranSportation, provision, or obtaining of a person for the purpose of a commercial sex act. Policy. The United States Government has adepted a zero tolerance policy regarding traf?cking in persons. Contractors and contractor employees shall not?- (1) Engage in severe forms of traf?cking in persons during the period of performance of the contract; (2) Procurc commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. Contractor requirements. The Contractor shall?? (1) Notify its employees of? The United States Government?s zero tolerance policy described in paragraph of this clause; and (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in bene?ts, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph of this clause. Notification. The Contractor shall inform the Contracting Of?cer immediately (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause. Remedies. In addition to other remedies available to the Government, the Contractor?s failure to comply with the requirements of paragraphs or of this clause may result in?- (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; 45 7-0003 (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Govermnent determined Contractor non-compliance; (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. Subcontracts. The Contractor shall include the substance of this clause, including this paragraph in all subcontracts. Mitigating Factor. The Contracting Of?cer may consider whether the Contractor had a Traf?cking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Tra?icking in Persons and examples of awareness programs can be found at the website for the Department of State?s Of?ce to Monitor and Combat Traf?cking in Persons at Article 28. Order of Precedence Should there be a con?ict between the 2011 and other any other term and/or condition of the IGSA, the Service Provider shall contact the Contracting Of?cer for clari?cation. Article 29. Reporting Executive Compensation and First-Tier Subcontract Awards a) De?nitions. As used in this article: ?Executive? means of?cers, managing partners, or any other employees in management positions. ?First?tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor?s supplier agreements with vendors, such as long- term arrangements for materials or supplies that bene?t multiple contracts and/or the costs of which are normally applied to a Contractor?s general and administrative expenses or indirect costs. ?Months of award? means the month in which a contract is signed by the Contracting Of?cer or the month in which a ?rst-tier subcontract is signed by the Contractor. ?Total compensation? means the cash and noncash dollar value earned by the executive during the Contractor?s preceding ?scal year and includes the following (for more information see 17 CFR (1) Salary and bonus. 46 7-0003 (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for ?nancial statement reporting purposes with respect to the ?scal year in accordance with the Financial Accounting Standards Board?s Accounting. Standards Codi?cation (FASB ASC) 718, Compensation-Stock Compensation. (3) Earnings for services under non?equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of de?ned bene?t and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-quali?ed. (6) Other compensation, if the aggregate value of all such other compensation severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Section of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (0) Nothing in this article requires the disclosure of classi?ed information (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the Central Contractor Registration (CCR) database, the Contractor shall report the names and total compensation of each of the ?ve most highly compensated executives for its preceding completed ?scal year, if? In the Contractor?s preceding ?scal year, the Contractor received? (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal ?nancial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal ?nancial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports ?led under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a). 780(d1) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the US. Security and Exchange Commission total compensation ?lings at 47 (2) frst?tez'r subcontract information. Unless otherwise directed by the contracting of?cer, or as provided in paragraph of this clause, by the end of the month following the month of award of a ?rst-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at for that ?rst- tier subcontract. (The Contractor shall follow the instructions at to report the data.) Unique identi?er (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. Amount of the subcontract award. (iv) Date of the subcontract award. A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractor?s physical address including street address, city, state, and county. Also include the nine-digit zip code and congressional district. Subcontractor?s primary performance location including street address, city, state, and country. Also include the nine?digit zip code and congressional district. (ix) The prime contract number, and order number if applicable. Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting of?ce code. Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classi?cation System code (NAICS). (3) Executive compensation of the ?rst-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a ?rst- tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the ?ve most highly compensated executives for that ?rst-tier 4s .. subcontractor for the ?rst-tier subcontractor?s preceding completed ?scal year at if? In the subcontractor?s preceding ?scal year, the subcontractor received?? (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal ?nancial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal ?nancial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports ?led under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the US. Security and Exchange Commission total compensation ?lings at The Contractor shall not split or break down ?rst-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph The Contractor is required to report information on a ?rst-tier subcontract covered by paragraph when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make ?irther reports after the ?rst-tier subcontract expires. (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross income from all sources under $3 00,000, the Contractor does not need to report awards for that subcontractor. The FSRS database at will be prepopulated with some information from CCR Article 30. Exclusivity The Service Provider agrees that the Facility is to be for the exclusive use of ICE and its detainee population. No other agency shall be allowed to use the Facility to house its detainees, prisoners, or inmates without prior approval of the Contracting Officer. If given approval, a separate bed day rate shall be negotiated with the other agency and ICE shall not be responsible for payment related to beds used by another agency. The other 49 7-0003 agency shall be separately invoiced for the beds it uses. The duration of the use of beds will be determined on a case by case basis. Article 31. Use of Service Provider?s Policies and Procedures The Contracting Of?cer shall approve the Service Provider?s policies and procedures for use under this Agreement. Upon approval, the Service Provider is authorized to use its policies and procedures in conjunction with the Performance-Based National Detention Standards mandated under this Agreement. Article 32. Accreditation The Service Provider shall have eighteen (18) months from issuance of the task order to fund this Agreement to become American Correctional Association (ACA) accredited. The Service Provider shall, within nine (9) months from the date this facility becomes operational, formally apply for accreditation to the ACA. Once ?ill accreditation has been obtained, the Service Provider shall maintain this accreditation throughout the life of the Agreement, inclusive of any period extensions. The Service Provider shall provide the Contracting Of?cer with written proof of such application within ?ve (5) days of the application. The Service Provider shall provide the Contracting Officer with written proof of its accreditation within ?ve (5) days of noti?cation of its accreditation. Article 33. Quality Control A. The Service Provider is reSponsibIe for management and quality control actions necessary to meet the quality standards set forth in the Agreement. The Service Provider must provide a Quality Control Plan (QCP) that meets the requirements speci?ed in the Performance Requirements Summary (PRS), Attachment 5A to the CO for concurrence prior to award of the IGSA (or as directed by the CO). The CO will notify the Service Provider of concurrence or required modi?cations to the plan before the Agreement start date. If a modi?cation to the plan is required, the Service Provider must make modi?cations and obtain concurrence of the revised plan by the CO before the contract start date. B. The Service Provider shall provide an overall QCP that addresses critical operational performance standards for the services required under this contract The QCP shall ensure that services will be maintained at a uniform and acceptable level. At a minimum, the Service Provider shall periodically review and update the QCP policies and procedures at least on an annual basis. The Service Provider shall audit facility?s operations associated with ICE and ICE detainees for compliance with the QCP. The Service Provider shall notify the Government 48 hours in advance of the audit to ensure the COR is available to participate. The Service Provider?s QCP shall identify de?ciencies, appropriate corrective action(s), and timely implementation plans to the COR. C. If the Service Provider preposes changes in the QCP after contract award, the Service Provider shall submit them to the COR for review. If the COR concurs with the 50 changes, the COR shall submit the changes to the CO. The CO may modify the contract to include these changes. Article 34. Quality Assurance Surveillance Program (QASP) A. The Government?s Quality Assurance Surveillance Program is based on the premise that the Service Provider, and not the Government, is resPonsible for management and quality control actions to meet the terms of the Agreement. The Quality Assurance Surveillance Plan (QASP) procedures recognize that unforeseen problems do occur. Good management and use of an adequate Quality Control Plan will allow the facility to operate within acceptable quality levels. B. Each phase of the services rendered under this Agreement is subject to inspection both during the Service Provider?s operations and after completion of the tasks. C. When the Service Provider is advised of any unsatisfactory condition(s), the Service Provider shall submit a written report to the COR addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the Service Provider. D. The COR may check the Service Provider?s performance and document any noncompliance; only the Contracting Of?cer may take formal action against the Service Provider for unsatisfactory performance. E. The Government may reduce the invoice or otherwise withhold payment for any individual item of nonconformance observed. The may apply various inspection and extrapolation techniques 100 surveillance, random sampling, planned sampling, unscheduled inspections) to determine the quality of services, the appropriate reductions, and the total payment due. F. Attachment 5 of this Agreement sets forth the procedures and guidelines that ICE will use to inspect the technical performance of the Service Provider. It presents the ?nancial values and mechanisms for applying adjustments to the Service Provider's invoices as dictated by work performance measured to the desired level of accomplishment. 1. The purpose of the QASP is to: a. De?ne the roles and responsibilities of participating Government of?cials. b. De?ne the types of work to be performed. c. Describe the evaluation methods that will be employed by the Government in assessing the Service Provider?s performance. d. Describe the process of performance documentation. 2. Roles and Responsibilities of Participating Government Officials a. The will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the Service Provider on a day- 51