EROIGSA-14-0001 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND THE COUNTY OF OTERO This Intergovernmental Service Agreement ("Agreement") is entered into between United States Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and Otero County, ("Service Provider") for the detention and care of aliens ("detainees"). The term "Parties" is used in this Agreement to refer jointly to ICE and the Service Provider. FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institution(s): Otero County Processing Center 26 McGregor Range Road Chaparral, NM 88081 The following documents constitute the complete agreement: ~ Intergovernmental Service Agreement (IGSA) ~ Proposal dated 9/13/2013 , as revised dated 12/9/2013, incorporated herein by reference • Attachment 1 - MTC Proposal dated 9/13/2013 ,as revised dated 12/9/2013 ~ Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts • Attachment 3 - Wage Determination Number: 2005-2511, Dated 06119/2013 ~ Attachment 4 - Quality Control Plan ~ Attachment 5 - Quality Assurance Surveillance Plan ~ 5.A. Performance Requirements Summary • 5.B. Sample Contract Deficiency Report Ell Attachment 6 -Performance Work Statement (PWS) Ell Attachment 7 - Staffing Plan (See Attachment 1) ~ Attachment 8 - Official Detail Form (formerly G-391) Ell Attachment 9 - Hold Harmless and Indemnity Agreement €II Attachment 10 - Listing of2011 Performance Based Detention Standards (PBNDS) Modifications Included in EROIGSA-14-0001 2/26/14 IN WITNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names on behalf ofthe County of Otero and Department of Homeland Security, U.S. Immigration and Customs Enforcement. ACCEPTED: ACCEPTED: U.S. Immigration and Customs Enforcement County of Otero Pamela Heitner County Manage.r.~ __ Signatu~'~ Date: / 7 ' Date: 02-026?- 10( 2/26/14 EROIGSA-14-0001 Intergovernmental Service Agreement (IGSA) Article 1. Article 2. Article 3. Article 4. Article 5. Purpose ................................................................................................................. 3 General ................................................................................................................. 4 Covered Services ................................................................................................. 5 Receiving and Discharging Detainees ................................................................. 6 ICE Performance-Based National Detention Standards and Other Applicable Standards .............................................................................................................. 7 Article 6. Medical Services .................................................................................................. 8 Article 7. Employment Screening Requirements ............................................................... 13 Article 8. Period of Performance ....................................................................................... 18 Article 9. Inspections, Audit, Surveys, And Tours ............................................................. 19 Article 10. Modifications and Disputes ............................................................................... 19 Article 11. Adjusting the Bed Day Rate .............................................................................. 20 Article 12. Enrollment, Invoicing, and Payment ................................................................. 21 Article 13. ICE Furnished Property .................................................................................... 22 Article 14. Hold Harmless Provisions ................................................................................. 23 Article 15. Financial Records ............................................................................................ 24 Article 16. Guard Services ................................................................................................... 24 Article 17. Contracting Officer's Representative (COR) .................................................. 259 Article 18. Labor Standards and Wage Determination ........................................................ 25 Article 19. Notification and Public Disclosures .................................................................. 25 Article 20. Incident Reporting ............................................................................................. 26 Article 21. Detainee Privacy .......................... :..................................................................... 26 Article 22. Zero Tolerance for Sexual Harassment, Abuse, and Assault ............................ 27 Article 23. Detainee Telephone Services (DTS) .................................................................. 28 Article 24. Government Use of Wireless Communication Devices .................................... 29 Article 25. Certified Cost and Pricing Data ......................................................................... 29 Article 26. Combating Trafficking in Persons ..................................................................... 36 Article 27. Order of Precedence ........................................................................................... 38 Article 28. Reporting Executive Compensation and First-Tier Subcontract Awards .......... 38 Article 29. Exclusivity ......................................................................................................... 41 Article 30. Use of Service Provider's Policies and Procedures ........................................... 41 Article 31. Accreditation ...................................................................................................... 41 Article 32. Quality Control .................................................................................................. 42 Article 33. Quality Assurance Surveillance Program (QASP) ............................................ 42 Article 34. Physical Plant Requirements ............................................................................. 44 2 EROIGSA-14-0001 Article 1. Purpose A. Purpose: The purpose of this Inter-Governmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the provision of the necessary physical structure, equipment, facilities, personnel, and services to provide a program of care in a properly staffed and secure environment under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are "Administrative Detainees." This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful final 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 ICE's 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 fixed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate of$91.03 for 1- 850 detainees and $18.72 for 851-1000 detainess. ICE will be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in arriving at the bed day rate. Bed Day Rate (1-850 Detainees) Bed Day Rate (851-1000 Detainees) * Escort Services at Regular Rate * Escort Services at Overtime Rate * Stationary Guard at Regular Rate * Stationary Guard at Overtime Rate * Detainee Work Program Reimbursement $ $ $ $ $ $ $ 91.03 per detainee 18.72 per detainee 18.66 per hour 27.99 per hour 18.66 per hour 27.99 per hour 1.00 per day 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, fires, floods, freight embargoes, court orders and extraordinarily severe weather. This provision shall become effective only ifICE immediately notifies 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. 3 EROIGSA-14-0001 The Service Provider may reduce staff based upon the detainee population demand if they receive approval from the CO to make reductions in staff. Article 2. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identified herein until the need for detention services has been identified, funding has been identified and made available, and the Facility meets ICE requirements, and is in compliance with ICE 2011 Performance-Based National Detention Standards (PBNDS), including all optimal provisions (with agreed to modifications as noted in Attachment 10). Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing. B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have been identified and funding obligated. Performance under this Agreement is not authorized until the Contracting Officer issues an order in writing. The effective date of the services will be negotiated and specified in this Agreement. The Service Provider shall be prepared to accept detainees immediately upon issuance of task order. C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Officer if it intends to house ICE detainees in a facility other than the Otero County Processing 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 Officer's approval before subcontracting the detention and care of detainees to another entity. The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon approval by the Contracting Officer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. D. Consistent with Law: This is a firm fixed 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. 4 EROIGSA-14-0001 Article 3. Covered Services A. Bedspace: The Service Provider shall provide and operate approximately a 1,000 bed adult male detention facility. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc. The Service Provider will also ensure that adequate administrative space is provided in accordance with the Physical Plant Requirements listed under Article 31 of this agreement. ICE will be financially liable only for the actual detainee days as defined in Paragraph C 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, fire and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. Ifthe 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 official. ICE will remove the juvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability: The unit of service is called a "Bed Day" and is defined as one person per day. The bed day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such unallowable costs include but are not limited to: 1) Salaries of elected officials 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 financing/refinancing, except as prescribed by OMB Circular A-87. 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies The Parties agree to base the cost of the bed day rate and all services provided on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards. 5 EROIGSA-14-0001 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) qualified sworn law enforcement or correctional officer personnel, of which one must be of the same gender as those being transported, employed by the Service Provider under their policies, procedures and authorities. F. No ICE Liability for Failure to Meet Minimum Guarantee: ICE will not be liable for any failure to meet the minimum or population guarantee if such failure results directly from an occurrence that impairs the ability ofICE 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, fires, floods, freight embargoes, court orders and extraordinarily severe weather. This provision becomes effective only ifICE immediately notifies 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 4. Receiving and Discharging Detainees A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identified ICE/ERO personnel or other properly identified Federal law enforcement officials with prior authorization from ICE/ERO. Presentation of U.S. Government identification will constitute "proper identification." The Service Provider shall fumish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE will fumish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identification and recording of detainees and ICE officers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE officers. B. Emergency Situations: ICE detainees shall not be released from the Facility into the custody of other Federal, state, or local officials 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, 6 EROIGSA-14-0001 or local proceedings, only ICE may authorize release ofthe detainee for such purposes. The Service Provider shall contact the ICE COR or designated ICE official immediately regarding any such requests. D. Safe Release: The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one mile from, public transportation shall transport detainees to local bus/train/subway stations prior to the time the last bus/train leaves such stations for the day. If public transportation is within walking distance of the detention facility, detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for any detainee who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health or safety of the detainee. Upon release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior to their release, detainees shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non-institutional clothing and footwear, weather appropriate, for their final destination. E. Service Provider Right of Refusal. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a valid justification and agreed to by the COR. Examples of such justification 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 official within two (2) hours of evacuation. Article 5. ICE Performance-Based National Detention Standards and Other Applicable Standards A. The Service Provider shall house detainees and perform related detention services in accordance with the 2011 edition oflCE Performance Based National Detention Standards (PBNDS), including all optimal provisions, unless otherwise specified in this agreement as stated in Attachment 10. The complete set of standards applicable to this procurement is available from the following website: http://www.ice.gov/detention- 7 EROIGSA-14-0001 standaTds/2011( and are incorporated herein. ICE Inspectors will conduct periodic inspections of the Facility to assure compliance with the ICE PBNDS. B. If a change in the standards identified herein results in a documentable financial impact to the Service Provider, the Service Provider must notify the Contracting Officer within five (5) days of receipt ofthe change and request either 1) a waiver to the Standards or, 2) negotiate a change in per diem. C. The Facility's operation shall reflect the 2011 PBNDS Expected Outcomes where optimal levels are required unless otherwise specified in this agreement. Optimal levels shall be achieved to further the goals of detention reform. D. The Service provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care (NCCHC). Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards conflict with ICE Policy or Standards, ICE Policy and Standards will 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 PBNDS, including: intake arrival screening, tuberculosis testing and symptom 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 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 financial liability related to such services. C. A true copy of a detainee's medical records shall be transferred with the detainee upon request of the detainee. Otherwise a transfer summary shall accompany the detainee outlining necessary care during transit to include medications, medical precautions, equipment needed, and appropriately authorized methods of travel. D. The Service Provider shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certifications, and/or registrations within the State and/or City where they treat our detained popUlation. The Service Provider shall retain, at a minimum, enough nurses per shift to ensure appropriate access to and delivery of care as addressed in 2011 PBNDS. 8 EROIGSA-14-0001 E. The Service Provider shall ensure that onsite medical and health care coverage is available for all ICE detainees at the Facility twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health requests and deliver them in writing to the medical and health care staff to be reviewed daily. F. The Service Provider shall furnish onsite health care under this Agreement as defined by the Facility local health authority on the effective date ofthis 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 those it provides to local inmates, and as detailed in 2011 PBNDS. 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, at a minimum, Tuberculosis (TB) symptom 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 PBNDS, National Commission on Correctional Health Care (NCCHC), and ACA standards with the expectation to provide custody oversight and medication as needed. 1. A full health assessment to include a history and hands on physical examination shall be completed within the first 14 days of detainee arrival unless the clinical situation dictates an earlier evaluation. Detainees with chronic medical andlor mental health conditions shall receive prescribed treatment and follow-up care with the appropriate level of provider and in accordance with detention, National Commission on Correctional Health Care (NCCHC) 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 notification, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. K. The Service Provider shall release any and all medical information for ICE detainees to the IHSC representatives upon request The Service Provider shall submit a Medical Payment Authorization Request (MedP AR) to IHSC for payment for off-site medical care (e.g. off site lab testing, eyeglasses, prosthetics, hospitalizations, emergency visits). The Service Provider shall enter payment authorization requests electronically as outlined in the MedPAR User Guide (found at www.icehealth.org). 9 EROIGSA-14-0001 L. The Service Provider shall furnish twenty-four (24) hour emergency medical care and facility emergency evacuation procedures. In an emergency, as determined by the Service Provider, the Service Provider shall obtain the medical treatment required. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority ofthe 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 offsite medical services for the initial emergency need and for medical care required beyond the initial emergency situation will be made by the Veterans Administration Franchise Service Center (V A FSC) on behalf of IHSC directly to the medical provider(s). IHSC V A Financial Services Center PO Box 149345 Austin, TX 78714-9345 Phone: (800) 479-0523 Fax: (512) 460-5538 M. The Service Provider shall allow IHSC Managed Care Coordinators or any ICE personnel reasonable access to its facility and medical records ofICE detainees for the purpose of liaison activities with the local IGSA Health Authority and associated Service Provider departments in accordance with HIP AA privacy exception at 45 C.F.R. §§ 164.512 (k)(5)(i). 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 Officer's Representative or Contracting Officer in accordance with HIP AA privacy exception at 45 C.F.R. §§ 164.512 (k)(5)(i), which allows disclosure without consent to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual if the correctional institution or such law enforcement official 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 officers or employees of or others at the correctional institution; d. 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 ofthe 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 IHSC quality improvement program consistent with federal, state, and local laws. 10 EROIGSA-14-0001 O. 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: V A 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 filled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Benefits 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 BIN# 004410 and Processor Control # IHSC assigned by Script Care Network to designate this is an ICE detainee. The custodial facility should either fax or take a copy 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 dispensed; 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 loaded into the Script Care network and the pharmacy will receive a call indicating that the prescription has been approved. Non-Formulary urgent requests must be submitted in the above manner except an X should be placed on the form marked for URGENT REQUEST and faxed to 409-923-739l. 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 800-880-9988. 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 HV AC system in the intake screening area will be designed to exhaust to the exterior and prevent air exchange 11 EROIGSA-14-0001 between the intake screening area and any other area within the facility. (CDC guidelines http://Vv''Y,v.cdc.gov/tb/publications/!luidelines/C orrect iongl .htm) 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 qualified 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 verifies 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 identified with confirmed or suspected active TB will be assigned to an airborne infection isolation room and managed in accordance with the PBNDS 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 use the services of a Tele-radiology Service Provider (TSP) of their choice and at the Service Provider's cost. 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 TSP and are part of the bed day rate. The Service Provider shall coordinate with the TSP to ensure adequate space is provided for the equipment, connectivity and electrical services are installed, immediate 2417 access to equipment for service and maintenance by TSP technicians is granted. The tele-radiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff. It is not necessary to appoint a full time coordinator if the volume of work does not support a full time employee. T. The contractor/service provider will notify the IHSC Field Medical Coordinator, ERO Assistant Field Officer Director (AFOD) and Contracting Officer's Representative (COR) within 24 hours of identification of a detainee with any ofthe following conditions: 1. 2. 3. 4. 5. 6. 7. 8. Uncontrolled hypertension Uncontrolled diabetes Unstable Respiratory disease or any detainee requiring oxygen treatment History of congestive heart failure with shortness of breath with daily activities High risk pregnancy Multiple unstable chronic conditions Liver Failure Renal Kidney failure 12 EROIGSA-14-0001 9. Mental health conditions: a. one or more active psychiatric symptoms: disorganization, active hallucinations or delusions, severe depressive symptoms, suicidal ideation, marked anxiety or impulsivity b. History of more than two psychiatric hospitalizations in the past 3 months and still presenting moderate to severe symptoms c. Presently taking psychiatric medications and still presenting active moderate to severe symptoms d. Continues to display harm to self or others in spite of treatment and/or hospitalization e. Serious limitations in mental functions (communicating, taking care of daily activities ofliving, social skills, etc) due to mental disability or severe medical conditions impairing mental function (i.e.: dementia). 10. Confirmed tuberculosis disease 11. Suspected tuberculosis disease on anti-tuberculosis treatment U. Anthrax Attack 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 nonpharmacological 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. 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° F 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. 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 A. General: Performance under this Intergovernmental Service Agreement requires access to sensitive DRS information. The Service Provider shall adhere to the following. B. Employment Eligibility: Screening criteria that may exclude applicants from consideration to perform under this agreement includes: 13 EROIGSA-14-0001 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 Falsification and/or omission of pertinent information to influence a favorable employment decision Dishonest conduct, to include failure to honor just debts National security concerns Any other legitimate nondiscriminatory reason that DHS 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 and for any Subcontractor(s) and their employees. C. SUITABILITY DETERMINAnONS DHS will exercise full 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 (EOD) decision based on preliminary security checks. The expedited EOD 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 full 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 Office 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 EOD decision or suitability determination by the OPR-PSU. 14 EROIGSA-14-0001 D. BACKGROUND INVESTIGATIONS Contract employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through the 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 8SP, "Questionnaire for Public Trust Positions" Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies) FD Form 258, "Fingerprint Card" (2 copies) Foreign National Relatives or Associates Statement DRS 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 Prospective Contractor employees who currently have an adequate current investigation and security clearance issued by the Defense Industrial Security Clearance Office (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 five years old and the subject has not had a break in service of more than two years. Required forms will be provided by DRS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific 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 insufficient background information. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance ofthis contract for any position that involves access to DHS 15 EROIGSA-14-0001 IT systems and the information contained therein, to include, the development and / or maintenance ofDHS IT systems; or access to information contained in and / or derived from any DHS IT system. E. TRANSFERS FROM OTHER DHS CONTRACTS: Personnel may transfer from 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 Office along with other forms and instructions. F. 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 OPR-PSU may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and! or restrict the facility and information access of any Contractor employee whose actions are in conflict 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 OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COR. If an identification 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 ofthe pass or card. The COR will return the identification cards and building passes to the responsible ID Unit. 16 EROIGSA-14-0001 G. EMPLOYMENT ELIGIBILITY The contractor shall agree that each employee working on this contract will successfully pass the DRS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DRS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their nevvly 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 ofthis 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. R. SECURITY MANAGEMENT The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government 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 Officer 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 (DRS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. I. 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 17 EROIGSA-14-0001 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 defined 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 (e.g., Privacy Act). J. 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 ofDHS. 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 significant security responsibilities, shall receive specialized training specific 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 inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). Article 8. Period of Performance This Agreement becomes effective upon the date of final signature by the ICE Contracting Officer and the authorized signatory of the Service Provider and will remain in effect for a period not to exceed 60 months unless extended by bi-Iateral modification or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 90 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article 10. If this Agreement is terminated by either party under this Article, ICE will be under no financial obligation for any costs after the date of termination. The Service Provider will only be paid for services provided to ICE up to and including the day of termination. 18 EROIGSA-14-0001 If there is a minimum guaranteed popUlation, effective on the 10th day after any termination notification (from either party), the guaranteed minimum will no longer apply and ICE will only pay for actual bed usage. Article 9. Inspections, Audit, Surveys, and Tours A. Facility Inspections: The Service Provider shall allow ICE or an entity or organization approved by ICE to conduct inspections of the Facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will share findings of the inspection with the Service Provider's Facility Administrator. The Inspection Report will state arty improvements to facility operation, conditions of confinement, and level of service that will be required by the Service Provider. B. ICE will not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE will remove all detainees from the Facility within seven (7) calendar 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 further funds will be obligated and no further payments will be made. C. Possible Termination: If the Service Provider, after being afforded reasonable time to comply, fails to remedy deficient service identified 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 Facility 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 oftwo (2) years from the date of the detainee's discharge from the Service Provider's custody. This right of access specifically applies to all inspections and other Facility reports. Article 10. Modifications and Disputes A. Modifications: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modification to this Agreement by submitting a written request to the other Party. A modification will 19 EROIGSA-14-0001 become a part of this Agreement only after the ICE Contracting Officer has approved the modification in writing. B. Change Orders: 1. The Contracting Officer may under at any time, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreement in anyone or more of the following: (a) Description of services to be performed, including revisions to the applicable Detention Standards. (b) 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 Officer 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. Ifthe Service Provider's proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Officer, the Contracting Officer 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 Officer and the authorized signatory ofthe Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes will be memorialized in a written modification between the ICE Contracting Officer and authorized signatory ofthe Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting Officer, the ICE Contracting Officer will make the final decision. Ifthe Service Provider does not agree with the final decision, the matter may be appealed to the ICE Head ofthe 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 final resolution of any dispute. Article 11. Adjusting the Bed Day Rate ICE will reimburse the Service Provider at the fixed 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). After thirty-six (36) months, the Service Provider may request a rate adjustment by 20 EROIGSA-14-0001 submitting the Jail Operating Expense Information Form to the CO. 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 bed day rate. If ICE does not receive an official request for a bed day rate adjustment that is supported by the information submitted through the eIGA System, the fixed bed day rate as stated in this Agreement will be in place indefinitely. The Service Provider may request an equitable adjustment per the manner specified in the Federal Acquisition Regulations. ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As the bed day rate is fixed, there are no retroactive adjustment(s). Article 12. Enrollment, Invoicing, and Payment A. Emollment in Electronic Funds Transfer~ The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their financial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Emollment Form http://www.fms.treas.gov/pdf/3881.pdf. The Service Provider shall submit a completed SF 3881 to ICE payment office 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 office. B. Consolidated Invoicing: The Service Provider shall submit an original monthly itemized invoice within the first 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: DHS,ICE Burlington Finance Center P.O. Box 1620 Williston, VT 05495-1620 Attn: ICE-ERO-FOD-ELP 2. By fax: (include a cover sheet with point of contact and number of pages) 802-288-7658 3. Bye-mail: Invoice. Consolidation@dhs.gov 21 EROIGSA-14-0001 Invoices submitted by other than these three methods will be returned. The Service Provider's Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Each invoice submitted shall contain the following information: 1. Name and address of the Facility; 2. Invoice date and number; 3. Agreement number, line item number and, if applicable, the Task Order number; 4. Terms of any discount for prompt payment offered; 5. Name, title, and phone number of person to notify in event of defective invoice; 6. Taxpayer Identification Number (TIN). 7. Total number of bed days; total number of miles. 8. Bed day rate; 9. Number of bed days multiplied by the bed day rate; 10. Name of each detainee; 11. Resident's/detainee's A-number; 12. Specific dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. For stationary guard services, the itemized monthly invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the resident(s)/detainee(s) that was guarded. 15. For Mileage, the itemized monthly invoice shall include a copy of the GSA webpage that shows the mileage rate being applied for that invoice. Items 1 through 14 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. C. Payment: ICE will transfer funds 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 th Payment Act requires ICE to make payments under this Agreement the thirtieth (30 ) calendar day after the Burlington Finance Office receives a complete invoice. Either the date on the Government's 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 (CCR) and all information is accurate. Article 13. ICE Furnished Property 22 EROIGSA-14-0001 A. ICE Property 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 ofICE 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 furnished property. B. Service Provider Responsibility: The Service Provider shall not remove ICE property from the Facility without the prior written approval ofICE. The Service Provider shall report any loss or destruction of any ICE property immediately to ICE. Article 14. Hold Harmless Provisions Unless specifically 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 performance of this Agreement and caused by the negligence of its own officers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall promptly notify ICE of any claims or lawsuits filed against any ICE employees of which Service Provider is notified. The Service Provider will be held harmless 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 officers, employees, agents and representatives is governed by the applicable State tort claims act. ICE will promptly notify the Service Provider of any claims filed against any of Service Provider's employees of which ICE is notified. 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 files suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, or a detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will request that the U.S. Attorney's Office, 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 proper jurisdiction. Regardless of the decision on any such motion, ICE will request that the U.S. Attorney's Office 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 U.S. Government property. Upon request of the Contracting Officer, 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 ofICE in obtaining recovery. 23 EROIGSA-14-0001 Article 15. Financial Records A. Retention of Records: All financial 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 purposes of federal examinations and audit. The three (3) year retention period begins at the end of the first 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 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 the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the 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 Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article 16. 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. Qualified detention officer 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 specific 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 officers for each such remote location, unless additional officers are required, per the direction of the COR or designated ICE officer. Except in cases of an emergency, one of the two above referenced officers shall be of the same sex as the detainees being assigned to the remote location. C. The itemized monthly 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 24 EROIGSA-14-0001 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 17. Contracting Officer's Representative (COR) A. The COR will be designated by the Contracting Officer. When and if the COR duties are reassigned, an administrative modification will be issued to reflect the changes. This designation does not include authority to sign contractual documents or to otherwise 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 scope of the agreement without first contacting the Contracting Officer. The Service Provider shall continue performance of efforts that are deemed within the scope. Article 18. 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 furnish 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 benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this Agreement. (See Attachment 3 - Wage Determination) Article 19. Notification and Public Disclosures A. Information obtained or developed as a result of this IGSA is under the control oflCE 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 ofthis 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 Officer prior to such release. The Service Provider may, at its discretion, communicate the substance ofthis IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Service Provider's governing body for approval. 25 EROrGSA-14-0001 B. The CO shall be notified in writing of all litigation pertaining to this rGSA and provided copies of any pleadings filed or said litigation within five working days of the filing. The Service Provider shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Service Provider litigation. 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 rCE Office of Public Affairs. The Service Provider shall promptly 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 from custody, and facility emergencies. D. With respect 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 reflect the position ofthe 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 20. Incident Reporting A. The COR shall be notified 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 stafffinmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; full or partial lock down ofthe Facility; escape; weapons discharge; suicide attempts; deaths; declared or nondeclared hunger strikes; adverse incidents that attract unusual interest or significant pUblicity; adverse weather (e.g., hurricanes, floods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; detainee admitted to a community hospital; witness security cases taken outside the Facility; significant environmental problems that impact the facility operations; transportation accidents (i.e. airlift, bus) resulting in injuries, death or property damage; and 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 21. Detainee Privacy 26 EROIGSA-14-0001 A. The Service Provider agrees to comply with the Privacy Act of 1974 ("Act") and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the Agreement specifically identifies (i) 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 officers 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, financial 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 fingerprint 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 22. 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 of which training will include training on working with vulnerable popUlations and addressing their vulnerability in the general population. 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 PBNDS 2.11. 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 to staff and to detainees and adheres to a standard of zero tolerance for incidents of 27 EROIGSA-14-0001 sexual abuse or assault; that detainees shall be encouraged to promptly 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 fulfill 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 ICE/ERO; 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 Office of the Inspector General to confidentially report sexual abuse or assault. Article 23. Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to telephones as specified in the ICE 2011 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. B. 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. C. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to all applicable federal, state, and local telephone regulations. D. 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 monthly telephone charges incurred from the operation ofDTS, and the maintenance and operation of the system. The Service Provider shall not be entitled to any commissions, fees, or revenues generated by the use of the DTS or the detainee telephones. 28 EROIGSA-14-0001 E. 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. DTS Contractor Information: Talton Communications 910 Ravenwood Dr. Selma, AL 36701 Robin Hall Customer Relations Manager (334) 375-7842 robin@taltoncommunications.com Mike Oslund Operations Manager (334) 375-4200 michael@taltoncommunications.com Article 24. 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 25. Certified Cost and Pricing Data A) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer 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. (i) Identification of the law or regulation establishing the price offered. 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 a 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 29 EROIGSA-14-0001 (A) For catalog items, a copy of or identification 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), e.g., 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 ofthe market; (C) 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 Officer 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 profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified 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 Certificate of Current Cost or Pricing Data, the format of which is at the end of this Article. B) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (a) Exceptionsfrom certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this IGSA, for price adjustments expected to exceed $700,000 on the date ofthe 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 Officer 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- (i) Identification of the law or regulation establishing the price offered. 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. 30 EROIGSA-14-0001 (2) The Service Provider grants the Contracting Officer 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 regulation, access does not extend to cost or profit information or other data relevant solely to the Service Provider's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for certified cost or pricing data. If the Service Provider is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The Service Provider shall submit certified cost or pricing data, data other than certified 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 Certificate of Current Cost or Pricing Data. The form is included at the end of this Article. C) Subcontractor Certified Cost or Pricing Data (a) 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 modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification 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) the prices are based upon adequate price competition, or (2) if a waiver has been granted. (b) 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 (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (c) 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 (c), if paragraph (a) of this clause requires submission of certified cost or pricing data for the subcontract; or (2) The substance of the Section below entitled "Subcontractor Certified Cost or Pricing Data - Modifications." D) Subcontractor Certified Cost or Pricing Data - Modifications (a) The requirements of paragraphs (b) and (c) of this Section shall31 EROIGSA-14-0001 (1) Become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000; and (2) Be limited to such modifications. (b) 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 modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification 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 modification are based upon adequate price competition, or (2) if a waiver has been granted. (c) 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 (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Service Provider shall insert the substance ofthis Article, including this paragraph (d), 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 (a) If any price, including profit or fee, negotiated in connection with this IGSA, or any cost reimbursable under this IGSA, was increased by any significant amount because - (1) The Service Provider or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data; (2) A subcontractor or prospective subcontractor furnished the Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Service Provider's Certificate 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 modified to reflect the reduction. (b) Any reduction in the IGSA price under paragraph (a) 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 profit markup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, ifthere 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 certified cost or pricing data. 32 EROrGSA-14-0001 (c) (1) rf the Contracting Officer determines under paragraph (a) 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: (i) The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the rGSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Service Provider or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The rGSA was based on an agreement about the total cost ofthe rGSA and there was no agreement about the cost of each item procured under the rGSA. (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision ©(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a rGSA price reduction if (A) The Service Provider certifies to the Contracting Officer that, to the best ofthe Service Provider's knowledge and belief, the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of' date specified on its Certificate 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 specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the rGSA price would not have increased in the amount to be offset even if the available data had been submitted before the "as of' date specified on its Certificate of Current Cost or Pricing Data. (d) 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 modification reflecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid 33 EROIGSA-14-000 1 (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 certified cost or pricing data that were incomplete, inaccurate, or noncurrent. F) Price Reduction for Defective Certified Cost or Pricing Data - Modifications (a) This Article shall become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000, except that this Article does not apply to any modification (1) where prices of the modification are based upon adequate price competition, or (2) when a waiver has been granted. (b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost reimbursable under this IGSA, was increased by any significant amount because (1) the Service Provider or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Service Provider's Certificate 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 modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause. (c) Any reduction in the IGSA price under paragraph (b) 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 profit markup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, ifthere 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 certified cost or pricing data. (d) (1) If the Contracting Officer determines under paragraph (b) 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: 34 EROIGSA-14-0001 (i) 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 modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Service Provider or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) 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 Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (d)(2)(ii) ofthis clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IGSA price reduction if(A) The Service Provider certifies to the Contracting Officer 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 (B) The Service Provider proves that the certified cost or pricing data were available before the 'las of' date specified on its Certificate 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 specified on its Certificate 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 specified on its Certificate of Current Cost or Pricing Data. (e) 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 modification reflecting 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 35 EROIGSA-14-0001 (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. Certificate 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 specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of _ _ * are accurate, complete, and current as of _ _* *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Service Provider Signature Name Title ----------------------- ------------------------------------------~ ----------------------------------------------- ----------------------------------------------- Date of execution*** ------------------------------------ * Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** 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. *** 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 26. Combating Trafficking in Persons (a) Definitions. 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 36 EROIGSA-14-0001 security for debt, if the value ofthose 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 defined. "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 oflaw 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 trafficking in persons" means(1) Sex trafficking 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 trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not(1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract. (c) Contractor requirements. The Contractor shall(1) Notify its employees of(i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees for violations ofthis policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and 37 EROIGSA-14-0001 (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. The Contractor shall inform the Contracting Officer immediately of(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. (e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) 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; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government 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. (t) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts. (g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip. Article 27. Order of Precedence Should there be a conflict between the 2011 PBNDS and other any other term and/or condition of the IGSA, the Service Provider shall contact the Contracting Officer for clarification. Article 28. Reporting Executive Compensation and First-Tier Subcontract Awards a) Definitions. As used in this article: "Executive" means officers, 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 longterm arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are nOlmally applied to a Contractor's general and administrative expenses or indirect costs. 38 EROIGSA-14-0001 "Months of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first-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 fiscal year and includes the following (for more information see 17 CFR229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (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 defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) 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. (c) Nothing in this article requires the disclosure of classified information (d) (1) Executive compenstaion 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 five most highly compensated executives for its preceding completed fiscal year, if(i) In the Contractor's preceding fiscal 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 financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sub grants ), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed 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 U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 39 EROIGSA-14-0001 (2) First-teir subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that firsttier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, ifthe subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) 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 country. Also include the nine-digit zip code and congressional district. (viii) 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. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) Executive compensatioin of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-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 five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov,if(i) In the subcontractor's preceding fiscal 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 financial 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 financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section l3(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 U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 40 EROIGSA-14-000 1 (e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) 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 further reports after the first-tier subcontract expires. (g) (1) Ifthe 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 $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from CCR Article 29. Exclusivity The Service Provider agrees that the Facility is to be for the exclusive use ofICE and its detainee population. No other agency shall be allowed to use the Facility to house its detainees, prisoners, or inmates without prior approval ofthe 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 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 30. Use of Service Provider's Policies and Procedures The Contracting Officer 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 31. 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 full 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 Officer with written proof of such application within five (5) days ofthe 41 EROIGSA-14-0001 application. The Service Provider shall provide the Contracting Officer with written proof of its accreditation within five (5) days of notification of its accreditation. Article 32. Quality Control A. The Service Provider is responsible 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 specified in the Performance Requirements Summary (PRS), Attachment 5A to the CO for concurrence prior to award ofthe IGSA (or as directed by the CO). The CO will notify the Service Provider of concurrence or required modifications to the plan before the Agreement start date. If a modification to the plan is required, the Service Provider must make appropriate modifications 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 monthly 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 deficiencies, appropriate corrective action(s), and timely implementation plans to the COR. C. If the Service Provider proposes changes in the QCP after contract award, the Service Provider shall submit them to the COR for review. If the COR concurs with the changes, the COR shall submit the changes to the CO. The CO may modify the contract to include these changes. Article 33. 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. 42 EROIGSA-14-0001 D. The COR may check the Service Provider's performance and document any noncompliance; only the Contracting Officer 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 Government may apply various inspection and extrapolation techniques (i.e., 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 financial 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. Define the roles and responsibilities of participating Government officials. b. Define 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 COR(s) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the Service Provider on a dayto-day basis. The COR(s) will have primary responsibility for completing "Quality Assurance Surveillance Forms" to document their inspection and evaluation of the Service Provider's work performance. b. The Contracting Officer (CO) or designee has overall responsibility for evaluating the Service Provider's performance in areas of contract compliance, contract administration, and cost and property control. The CO shall review the COR's evaluation of the Service Provider's performance and invoices. If applicable, deductions will be assessed in accordance with the evaluation of the Service Provider's performance, e.g., monetary adjustments for inadequate performance. G. The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this Agreement. Any reductions in the Service Provider's invoice shall reflect the contract's reduced value resulting from the Service Provider's failure to perform required services. The Service Provider shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance. 43 EROIGSA-14-0001 Article 34. Physical Plant Requirements A. Enforcement and Removal Operations Office Space The Service Provider shall refer to ICE Design Standards (ICE Design Standards Website to be Inserted Here) for specific office and workstation sizes and specific furnishing requirements for a 1,000 bed facility. The Standards include but are not limited to the following: 1. A total of 44 offices and 96 workstations as outlined below: a. 1 Office - Assistant Field Office Director GS-180 1-14 b. S Offices - Supervisory Detention & Deportation Officers GS-1S0 1-13 c. 1 Office - Intelligence Research Specialist GS-0132-13 d. 1 Office - Field Training Officer Deportation Officer GS-lS0 1-13 e. 16 Offices - Deportation Officers GS-1801-12 f. 2 Offices - Supervisory Detention & Removal Assistants GS-1802-9 g. 11 Offices - Supervisory Immigration Enforcement Agents GS-1801-11 h. 72 Workstations - Immigration Enforcement Agents GS-1801-SI7/9 1. 16 Workstation - Detention & Removal Assistants GS-1802-S/617 J. 1 Workstation - Bond Control Specialist GS-180 1-7/9 k. 1 Office - Detention Service Manager GS-0301-13 l. 1 Office- USPHS IHSC in medical area m. 1 Office- Management Program Analyst GS-0343-12 n. 4 Offices - Mission Support Specialists GS-0301-9/11112 o. 4 Workstation - Mission Support Assistants GS-0301-SI7 p. 1 Workstation - Office Automation Assistant GS-0326-S/617 q. 1 Workstation - Staff Assistant GS-0301-8 r. 1 Workstation - Mail/File Clerk s. File rooms (see Standards for size and quantity) t. Conference rooms adjacent to or within ICE area (see Standards for size and quantity) u. Employee break rooms (see Standards for size and quantity) v. IT computer support rooms must be provided through out ICE space per the specifications. Including specialized requirements for climate control of IT equipment rooms for PHS, EOIR and ICE office area. w. Actual location, layout, configuration, and size of rooms will be determined during the final design phase. B. Office of the Principle Legal Advisor (OPLA) Space Refer to ICE Design Standards for specific office and workstation sizes and specific furnishing requirements for a 1,000 bed facility. All furniture and case goods shall be furnished by the service provider in accordance with ICE Design Standards. The Standards include but are not limited to the following: 44 EROIGSA-14-0001 1. 2. 3. 4. 5. 1 Office - Deputy Chief Counsel (see Standards for size) 12 Offices - Assistant Chief Counsel (see Standards for size) 4 Workstations - Legal Technicians (see Standards for size) 1 Workstation - Mail/File Clerk Office support space must be provided per the ICE/OPLA Design Standards. C. Executive Office for Immigration Review (EOIR) Space Refer to ICE/EOIR Design Standards for specific office and workstation sizes and specific furnishing requirements for a 1,000 bed facility. All furniture and case goods shall be furnished by the service provider in accordance with ICE Design Standards. The Standards include but are not limited to the following: 1. 4 - Courtrooms and accompanying office and support space as per the EOIR Design Standards for a 1,000 bed facility. The office space is per the EOIR Design Standards. Each courtroom should have the capability to hold live court as well as hold video tele-conferencing court. All furniture and case goods shall be furnished by the service provider in accordance with ICE Design Guide and specifications. 2. 15 - Hard walled offices (see Standards for size) 3. 15 - Workstations (see Standards for size) 4. Visitation space must be provided to meet the ACA and PBNDS 2011 standards. 5. Separate entrance for judges required with complete security system and access to parking lot. Must be ADA compliant. 6. EOIR Support Space must be provided per the EOIR Design Standards. D. Health Services Space Health Services Space: Health services will be provided by the Service Provider or if applicable, through its sub-Service Provider. Healthcare Services Design Standards shall be in accordance with applicable ICE requirements when provided by the Service Provider. E. Processing Area The processing area shall be designed to process detainees as required in high frequency rates and varying numbers i.e., a busload up to 100 detainees at one time. The processing area shall be in compliance with the ICE Hold Room Standard and the 2011 PBNDS. F. Furniture All furniture and case goods shall be furnished by the Service Provider in accordance with ICE Design Guide and specifications, which include ICE support space and all 45 EROIGSA-14-0001 operational components which include EOIR, OPLA and IHSC space as required in accordance with the ICE Design Standards. G. ICE IT Equipment ICE will provide and install IT equipment in office spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure, cabling, and interfacing equipment shall be provided by the Service Provider at time of construction. NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider's IT system. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. For further ICE and OPLA space requirements, please see Contract Detention Facility (CDF) Design Standards for Immigration and Customs Enforcement (ICE), May 14,2007; addendums: ICE Cabling Standards; Phone Specifications. H. Communication Equipment 1. The Service Provider shall purchase, install and maintain a complete and operating communication system, which includes but is not limited to: cabling, fiber optics, patch panels, landing blocks, circuits, PBX and voice mail, phone sets and other supporting infrastructure and supporting system in compliance with ICE specifications. Separate billing to ICE must be established on all reoccurring service fees for communications and IT. Systems shall be installed specifically for ICE use. 2. Service Provider to Insert specifications for communications system here. NOTE: ICE communication system must be a complete, independent and physically separate system from the Service Provider communication system, and billed separately. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design. 46 Attachment 6 TABLE OF CONTENTS Ie INTRODUCTION ............................. "............................................................... 3 A. B. C. BACKGROUND .................................................................................................................................................. 3 SCOPE OF WORK PERFORMANCE ...................................................................................................................... 3 EXPLANATIONOFTERMS/AcRONYMS ............................................................................................................. 3 II. GENERAL INFORMATION ............... e....... ., ........................................ A. B. C. D. E. F. G. 98 • • • • 1110 • • 9 INTRODUCTION ................................................................................................................................................ 9 GENERAL ......................................................................................................................................................... 9 RECORDS MANAGEMENT ............................................................................................................................... 10 INSPECTION BY REGULATORY AGENCIES ....................................................................................................... 10 PERFORMANCE EVALUATION MEETINGS ....................................................................................................... 10 SERVICE PROVIDER'S EMPLOYEE MANUAL .................................................................................................... 10 HOUSING, HEALTH, AND MEDICAL CARE ...................................................................................................... 11 III. PERSONNEL .................................................................................................. 13 A. B. C. D. E. F. G. H. I. 1. K. L. MINIMUM STANDARDS OF EMPLOYEE CONDUCT ........................................................................................... 13 RANDOM DRUG TESTING ............................................................................................................................... 14 CONTRABAND PROGRAM AND INSPECTION .................................................................................................... 14 REMOVAL FROM DUTY .................................................................................................................................. 14 TOUR OF DUTY RESTRICTIONS ....................................................................................................................... 16 DUAL POSITIONS ............................................................................................................................................ 16 POST RELIEF .................................................................................................................................................. 16 PERSONNEL FILES .......................................................................................................................................... 16 UNIFORM REQUIREMENTS .............................................................................................................................. 17 PERMITS AND LICENSES ................................................................................................................................. 18 ENCROACHMENT ............................................................................................................................................ 18 WORK SCHEDULES ......................................................................................................................................... 18 IV. BACKGROUND AND CLEARANCE PROCEDURES ............................ 21 A. B. INITIAL DRUG TESTING .................................................................................................................................. 21 TRAINING ....................................................................................................................................................... 21 V. REQUIRED SERVICES - ADMINISTRATION AND MANAGEMENT 25 A. MANAGE INFORMATION SYSTEM FOR COLLECTING, RETRIEVING, STORING, AND REPORTING DETAINEE DETENTION .............................................................................................................................................................. 25 B. MANAGE THE RECEIVING AND DISCHARGE OF DETAINEES ............................................................................ 25 C. MANAGE AND ACCOUNT FOR DETAINEE ASSETS (FUNDS, PROPERTY) ........................................................... 25 D. SECURELY OPERATE THE FACILITY ............................................................................................................... 26 E. ENFORCE THE DETAINEE DISCIPLINARY POLICy ............................................................................................ 26 F. ADMINISTRATIVE SEGREGATION POLICY ....................................................................................................... 26 G. MAINTAIN DETAINEE ACCOUNTABILITY ....................................................................................................... 27 H. COLLECT AND DISSEMINATE INTELLIGENCE INFORMATION ........................................................................... 27 I. PROVIDE SECURITY INSPECTION SYSTEM ...................................................................................................... 27 J. MAINTAIN INSTITUTIONAL EMERGENCY READINESS ..................................................................................... 28 K. MANAGE COMPUTER EQUIPMENT AND SERVICES IN ACCORDANCE WITH ALL OPERATIONAL SECURITY REQUIREMENTS ....................................................................................................................................................... 29 VI. FACILITY SECURITY AND CONTROL .................................................. 30 A. SECURITY AND CONTROL (GENERAL) ............................................................................................................ 30 1 B. C. D. E. F. G. H. L J. K. L. M. N. O. P. Q. R. S. T. U. V. W. UNAUTHORIZED ACCESS ................................................................................................................................ 30 DIRECT SUPERVISION OF DETAINEES ............................................................................................................. 30 INDIRECT SUPERVISION OF DETAINEES .......................................................................................................... 30 LOGBOOKS .................................................................................................................................................... .30 RECORDS AND REpORTS ................................................................................................................................. 32 DETAINEE COUNTS ........................................................................................................................................ 32 DAILY INSPECTIONS ....................................................................................................................................... 33 CONTROL OF CONTRABAND ........................................................................................................................... 33 KEyS AND ACCESS CONTROL DEVICES .......................................................................................................... 33 CONTROL OF CHEMICALS ............................................................................................................................... 34 POST ORDERS ................................................................................................................................................. 34 DEVIATION FROM PRESCRIBED SCHEDULE ASSIGNMENTS ............................................................................. 34 USE OF FORCE POLICY ................................................................................................................................... 34 USE OF RESTRAINTS POLICY .......................................................................................................................... 35 INTELLIGENCE INFORMATION ........................................................................................................................ 35 LOST AND FOUND .......................................................................................................................................... 35 ESCAPES ......................................................................................................................................................... 35 INJURY, ILLNESS, AND REpORTS .................................................................................................................... 36 PROTECTION OF EMPLOyEES .......................................................................................................................... 37 MEDICAL REQUESTS ...................................................................................................................................... 37 EMERGENCY MEDICAL EVACUATION ............................................................................................................ 37 SANITATION AND HYGIENIC LIVING CONDITIONS .......................................................................................... 37 VII. MANAGE A DETAINEE WORK PROGRAM ....................................... 38 A. GENERAL ....................................................................................................................................................... 38 VIII. HEALTH SERVICES ................................................................................. 39 A. MANAGE A DETAINEE DEATH IN ACCORDANCE WITH THE 2011 PBNDS ON TERMINAL ILLNESS, AnvANCE DIRECTIVES, AND DEATH ........................................................................................................................................ 39 IX. FOOD SERVICE ............................................................................................ 40 A. MANAGE FOOD SERVICE PROGRAM IN A SAFE AND SANITARY ENVIRONMENT ............................................ .40 X. DETAINEE SERVICES AND PROGRAMS ............................................... 41 A. B. C. D. E. F. G. H. L J. MANAGE MULTI-DENOMINATIONAL RELIGIOUS SERVICES PROGRAM ......................................................... .41 PROVIDE FOR A DETAINEE RECREATION PROGRAM ...................................................................................... .41 MANAGE AND MAINTAIN A COMMISSARY ..................................................................................................... 41 VISITATION .................................................................................................................................................... 42 LAWLmRARY ................................................................................................................................................ 42 LIBRARY ........................................................................................................................................................ 42 BARBER SHOP ................................................................................................................................................ 42 LANGUAGE ACCESS ...................................................................................................................................... .42 CREATE AND MANAGE A DETAINEE REPRESENTATIVE PROGRAM ................................................................ .43 PHYSICAL PLANT .......................................................................................................................................... .43 XI. PROPERTY ACCOUNTABILITY .............................................................. 47 A. C. GENERAL ....................................................................................................................................................... 47 FACILITY, EQUIPMENT, MATERIALS, SUPPLIES, AND INSTRUCTIONS FuRNISHED BY THE GOVERNMENT ..... .48 XII. FIREARMS I BODY ARMOR .. A. B. CII • • • • " • • • e.eee ••• o ••••• e ••••• e •••• "" •• e ••••••••••••••••••• 0 . 0 • • • 0.48 FIREARMS REQUIREMENTS ........................................................................................................................... .48 BODY ARMOR REQUIREMENTS ...................................................................................................................... 50 Performance Work Statement I. INTRODUCTION A. Background Enforcement and Removal Operations (ERO), a component of US. Immigration and Customs Enforcement (ICE), maintains custody of one of the most highly transient and diverse popUlations of any detention system in the nation. These detainees are housed in authorized facilities nationwide including local facilities operating under InterGovernmental Service Agreements (IGSAs), private Contract Detention Facilities (CDFs), and ICE-owned Service Processing Centers (SPC). A key goal of Immigration Detention Reform is to create a civil detention system that is not penal in nature and serves the needs of ICE to provide safe and secure conditions based on characteristics of a diverse popUlation including an individual's perceived threat to the community, risk of flight, type and status of immigration proceeding, community ties, and medical and mental health issues. Be Scope of Work Performance This Performance Work Statement (PWS) sets forth the Agreement's performance requirements for IGSA-provided detention facilities and services for ICE detainees. The Facility's operation shall reflect the PBNDS Expected Outcomes as summarized and outlined at length in Attachment 1, Performance Outcomes, 2011 Performance-Based National Detention Standards (PBNDS). Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. C. Explanation of Terms!Acronyms L ADMINISTRATIVE CONTRACTING OFFICER (ACO): ICE employee responsible for contract compliance, contract administration, cost control, and reviewing Contracting Officer's Representative's (COR) assessment of Service Provider's performance. 2. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains persons over the age of 18. 3. ALIEN: Any person who is not a citizen or national of the United States. 4. BED DAY: Per diem "detainee day" or "man-day" means day in or day out and all days in between. The Service Provider may charge for day of arrival or day of departure, but not both. 5, BOOKING: Admission procedure for an ICE detainee, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's accompanying personal property. 6. BUREAU OF PRISONS (BOP): The U.S, Federal Bureau of Prisons protects society by confining offenders in the controlled environments of prisons and communitybased facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. 7. COMPLAINT: A written or verbal expression of grief, pain, or dissatisfaction by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility. 8. CONTRACTOR: The entity, which provides the services, described in this Performance Work Statement. 9. CONTRACTING OFFICER (CO): An employee of the Government responsible for the complete conduct and integrity of the contracting process, including administration after award. The only individual authorized to issue changes to this contract. 10. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the Government, appointed by the Contracting Officer, to assist in the technical monitoring or administration of the contract. 11. CONTROL ROOM: Integrates all internal and external security communications networks within a secure room. Activities conducted within the control room have a critical impact on the institution's orderly and secure operation. 12. DEPARTMENT OF HOMELAND SECURITY (DHS): The United States federal executive department responsible for ensuring the homeland is safe, secure, and resilient against terrorism and other hazards. 13. DEPARTMENT OF JUSTICE (DOJ): The United States federal executive department responsible for enforcement of the law and administration of justice. It includes the Executive Office of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service (USMS). 14. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and Customs Enforcement designated in writing by ICE Officer-In-Charge (OIC) to represent ICE on matters pertaining to the operation of the facility. 15, DETAINEE: Any person confined under the auspices and the authority of any Federal agency. 16. DETAINEE RECORDS: Information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to: 17. Detainee, Personal Property, Receipts, Visitors List, Photographs, Fingerprints, Disciplinary Infractions, Actions Taken, Grievance Reports, Medical Records, Work Assignments, Program Participation, Miscellaneous Correspondence, etc. 18. DETENTION OFFICERS: Service Provider's staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in a detention facility. The officer is also responsible for the safety and security of the facility. 19. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): A unit within Enforcement and Removal Operations whose purpose is to develop and prescribe policies, standards, and procedures for ICE detention operations and to ensure detention facilities are operated in a safe, secure, and humane condition for both detainees and staff. 20. DIRECT SUPERVISION: A method of detainee management that ensures continuous direct contact between detainees and staff by posting sufficient officers to provide frequent, nonscheduled observation of, and personal interaction with detainees. 21. INDIRECT SUPERVISION: A method of detainee management that ensures indirect monitoring of detainees via video surveillance by staff that allows for lowered personal interaction with detainees. 22. EMERGENCY: Any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, medical exigency, natural disaster, or other serious incident. 23. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): A component of U.S. Immigration and Customs Enforcement, responsible for the identification, apprehension, and removal of illegal aliens from the United States. 24. ENTRY ON DUTY (EOD): The first day the employee begins performance at a designated duty station on this contract. 25. ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document initiates the analysis and evaluation of environmental effects of proposed actions and considers alternative proposals. It determines the need for an Environmental Assessment. 26. ENVIRONMENTAL ASSESSMENT (EA): Specific document summarizing the results of thorough analyses of environmental impacts caused by proposed actions. It determines the need for an Environmental Impact Statement. 27. ENVIRONMENTAL IMPACT STATEMENT (EIS): Comprehensive document providing full and fair discussion of significant environmental impacts caused by the proposed action(s). It also states the reasonable alternatives, which would avoid or minimize the adverse impact(s) or enhance the quality of the human environment. 28. FACILITY: The physical plant and grounds in which the Service Provider's services are operated. 29. FINDING OF NO SIGNIFICANT IMPACT (FONSI): Formal statement indicating that no significant effect upon the quality of the human environment will occur because of the proposed action(s). 30. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE): An agency within the U.S. Department of Homeland Security that promotes homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration. 31. ICE HEALTH SERVICE CORPS (IHSC): The medical authority for ICE, provides on-site, direct patient care to ICE detainees at 23 detention locations and manages offsite medical referrals for aliens housed in approximately 270 other facilities nationwide. IHSC medical facilities follow applicable health care standards that guide current national policy regarding the delivery of health care. 32. IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), siblings (including stepsiblings and half-siblings) and their spouses. 33. INCIDENT REPORT: Written documentation of an event, such as a minor disturbance, officer misconduct, any detainee rule infraction, etc. 34. JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM (JPATS): DOl's prisoner transportation system operated by the U.S. Marshals Service (USMS), sometimes referred to as the "airlift." 35. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest. 36. LOG BOOK: The official record of post operations and inspections. 37. MAN-DAY: See Bed Day. 38. MAN-HOUR: Man-hour means productive hours when the required services are performed. Only productive hours can be billed. 39. MARSHALS SERVICE (USMS): An agency within the U.S. Department of Justice responsible for enforcing federal laws and providing support to virtually all elements of the federal justice system. 40. MEDICAL RECORDS: Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse. Limited information from these records is transferred to the detainee record: date and time of all medical examinations; and, copies of standing or direct medical orders from the physician to the facility staff. Contractor must comply with 2011 PBNDS requirements and confidentiality procedures. 41. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly-arrived detainees who could pose a health or safety threat to themselves or others. 42. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY UNIT (OPR-PSU): The ICE office, which implements a component-wide personnel security program. 43. ON CALL/REMOTE CUSTODY OFFICER POST: These posts shall be operated on demand by the COR and shall include, but not be limited to, escorting and providing custody of detainees for hearings, ICE interviews, or at any other location requested by the COR. 44. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists who are licensed, registered, or certified, as appropriate to their qualifications, to practice. 45. QUALITY ASSURANCE: The actions taken by the Government to assure requirements of the Performance Work Statement (PWS) are met. 46. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A Government document used to ensure that systematic quality assurance methods are used in the administration of performance based standards and other requirements included in this agreement. 47. QUALITY CQNTRQL (QC): The Service Provider's inspection system, which covers all the services to be performed under the Agreement. The actions that a Service Provider takes to control the production of services so that they meet the requirements stated in the Agreement. 48. QUALITY CQNTRQL PLAN (QCP): A Service Provider-produced document that addresses critical operational performance standards for services provided. 49. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility. 50. RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly chains, leg irons, straight jackets, flexi cuffs, soft (leather) cuffs, and leg weights. 51. SAFETY EQUIPMENT: This includes, but is not limited to, fire fighting equipment (i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas masks, fans, first aid kits, stretchers, and emergency alarms). 52. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, floors, walls and barriers used to confine and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security. 53. SECURITY PERIMETER: The outer portions of a facility, which actually provide for secure confinement of detainees. 54. SERVICE PROVIDER: See Contractor. 55. STANDING MEDICAL ORDERS: Written orders, by a physician, to medical personnel for the definitive treatment of identified minor, self-limiting conditions and for on-site treatment of emergency conditions. 56. TOUR OF DUTY: No more than 12 hours on a stationary post in any 24-hour period with a minimum of eight hours off between shifts, except as directed by state or local law. 57. TRANSPORTATION COSTS: All materials, equipment and labor necessary to respond to requests by designated officials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc. 58. UNIFORM: A clearly identifiable outfit which can include traditional or nontraditional articles such as khaki pants and polo shirts. 59. WEAPONS: This includes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical weapons (mace), and authorized batons. II. GENERAL INFORMATION A. Introduction Unless otherwise specified, all plans, policies, and procedures shall be developed by the Service Provider and submitted in writing to the CO for review and concurrence prior to receiving detainees for housing. Once concurrence has been granted, these plans, policies, and procedures shall not be modified without the prior written acknowledgment of the CO. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a valid justification and agreed to by the COR. Examples of such justification 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. The Service Provider is prohibited from constructing or making modifications to or adding any additional bed space or facilities at the facility location without the prior written approval of the CO. B. General The Service Provider shall abide by all rules and regulations in the following sources: 1. Post Orders 2. General Directives 3. American Correctional Association (ACA) Standards for Adult Local Detention Facilities (most current edition) and the most recent copies of the supplements as they are issued. 4. Officers' Handbook (M-68) 5. The 2011 Performance Based National Detention Standards (PBNDS). (Note: The provisions of the PBNDS 2011 should be interpreted as minimum requirements. Facilities are encouraged to design and operate the facility to provide the least restrictive conditions appropriate to maintain the security and safety of the staff and detainees.) 6. Federal, state, and local laws governing use of firearms, fire safety and environmental health. 7. All other regulations provided to the Service Provider by the authority of the CO. All services must comply with this agreement and all applicable federal, state, and local laws and standards. Should a conflict exist between any of these laws or standards or regulations, the most stringent shall apply. If the Service Provider is unable to determine which law or standard is more stringent, the CO shall determine the appropriate standard. This PWS contains numerous references, which direct the Service Provider to notify, contact, or provide the CO with information or data. Post-award, the CO may formally designate other Government individuals to assume those responsibilities. The Service Provider is responsible for a Quality Control Program (QCP), which ensures all requirements of this PWS are achieved. The specific requirements for the QCP are further detailed within this PWS. C. Records Management The Service Provider shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Records and information management functions are required and mandated by the following laws and regulations: Chapters 21, 29,31, and 33 of Title 44, United States Code; 36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A-130; and DO] Order 271 O.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, United States Code. D. Inspection by Regulatory Agencies Work described in the contract is subject to inspection by other Government agencies. The Service Provider shall participate in responding to all requests for information and inspection or review findings by regulatory agencies. E. Performance Evaluation Meetings The Service Provider's representatives shall meet with the COR(s) on a regular basis as determined necessary by the Government. These meetings will provide a management level review and assessment of Service Provider performance and allow for discussion and resolution of problems. F. Service Provider's Employee Manual The Service Provider shall provide an Employee Manual, which, at a minimum, addresses the following: 1. 2. 3. 4. Organization Recruiting procedures Opportunities for Equal Employment Qualifying for jobs, job descriptions, responsibilities, salaries, and fringe benefits 5. Screening employees for illegal drug use 6. Holidays, leave, and work hours 7. Personnel records, employee evaluations, promotion, and retirement 8. Training 9. Standards of conduct, disciplinary procedures, and grievance procedures 10. Resignation and termination 11. Employee-management relations 12. Security, safety, health, welfare, and injury incidents The Service Provider must provide a copy of the Employee Manual to the Service Provider's employees at the facility. Upon request by the COR, the Service Provider shall document to the Government that all employees have reviewed a copy of the manual. G. Housing, Health, and Medical Care The Service Provider shall provide detention services, to include detainee welfare and record keeping services for ICE. 1. Detention Site Standards The Service Provider shall ensure the detention site conforms to ACA and the 2011 PBNDS. A fire and emergency plan shall exist and shall be aggressively managed. The Service Provider shall ensure facilities conformance to the following: For safety, security, and sanitation purposes, an inspection of the detainee housing areas shall be conducted by a supervisor at a minimum of two (2) times per shift. All locks, windows, walls, floors, ventilators, covers, access panels, and doors shall be checked daily for operational wear and detainee tampering. The Service Provider shall take immediate action to repair all defective findings and/or equipment. All inspection results and any instructions to staff shall be logged into the housing area security logbook and be available for review by the COR. The Facility shall be subject to periodic and random inspections by the COR, or other officials as may be determined by ICE, to ensure compliance with the 2011 PBNDS and the terms of this agreement. Deficiencies shall be immediately rectified or a plan for correction submitted by the Service Provider to the COR for approval. 2. Health and Medical Care The Service Provider shall comply with written policies and procedures for appropriately addressing the health needs of ICE detainees. Policies and procedures shall be written to ensure that medical, dental, and mental health care are delivered in compliance with NCCHC standards and shall include, but not be limited to, the following: a. Policies and procedures for accessing 24-hour emergency medical care for ICE detainees. b. Policies and procedures for prompt summoning of emergency medical personneL c. Policies and procedures for emergency medical evacuation of detainees, if deemed necessary by qualified medical personneL d. Policies, procedures, and post orders for duty officers to ensure that medical emergencies are recognized and promptly attended to. e. Policies and procedures addressing detention standards on medical care to include access to care, suicide prevention, hunger strikes, etc. f. Policies and procedures that support a system allowing for detainees to request medical/mental health services through submission of written requests. Medical/mental health requests for treatment deemed urgent by the medical provider will be forwarded by the Service Provider to the COR and/or alternate COR as soon as possible. Detainee requests shall be addressed with urgency. g. Policies and procedures that support a continuum of health care services including screening, prevention, health education, diagnosis, and treatment consistent with National Commission on Correctional Health Care (NCCHC) standards and applicable clinical guidelines. h. Policies and procedures that ensure that detainees released or removed will receive a discharge plan, a summary of medical records, medication and referrals to community-based providers as medically appropriate. 1. Policies and Procedures that include the following screening inquiries: past hospitalizations, relevant family medical history, dietary needs and past or recent abuse or violence; and that include - where there is a clinically significant finding as a result of the initial screening - an immediate medical/mental referral with the detainee receiving a health assessment no later than two working days from the initial screening unless the clinical situation would dictate earlier evaluation. J. Policies and procedures that ensure that detainees experiencing severe, life-threatening intoxication or withdrawal are transferred immediately to a licensed acute care facility. k. Any detainee complaint for medical care not received shall be promptly addressed and the COR shall be immediately notified. III. PERSONNEL The Service Provider shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels, The Service Provider shall assure that employees meet the standards of competency, training, appearance, behavior and integrity. The Service Provider will effect disciplinary or adverse action against employees who disregard those standards. A. Minimum Standards of Employee Conduct The Service Provider shall develop standards of employee conduct and corresponding disciplinary actions that are consistent with the following standards of conduct. All employees shall certify in writing that they have read and understand the standards. A record of this certificate must be provided to the COR prior to the employees beginning work under this contract. The Service Provider shall hold employees accountable for their conduct based on these standards, which are not restricted to, but must include: 1. Employees shall not display favoritism or preferential treatment to one detainee, or group of detainees, over another. 2. Employees shall not discuss or disclose information from detainee files or immigration cases, except when necessary in the performance of duties under this contract. 3. The employee may not interact with any detainee except in a relationship that supports the approved goals of the facility, Specifically, employees shall not receive nor accept any personal (tangible or intangible) gift, favor, or service, from any detainee, any detainee's family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give any gift, favor, or service to detainees, detainee's family, or associates. 4. The employee shall not enter into any business relationship with detainees or their families (e.g., selling, buying, or trading personal property), 5. The employee shall not have any outside or social contact with any detainee, his or her family, or associates, except for those activities, which are part of the facility program and a part of the employee's job description, 6. All employees are required to immediately report to the Warden/Facility Director or ICE Supervisor any criminal or non-criminal violation or attempted violation of these standards. 7. The Service Provider shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COR. Violations may result in employee removal from the facility. Failure on the part of the Service Provider either to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the Service Provider to appropriate action including possible termination for default. 8. The Service Provider shall not employ any person who is currently an employee of any federal agency - including active duty military personnel - or whose employment would present an actual or apparent conflict of interest. B. Random Drug Testing ICE may require drug screening for cause at any time. The Service Provider shall order and accomplish drug screening at the Service Provider's expense. A laboratory approved by the National Institute of Drug Abuse (NIDA) must perform the screening. The Service Provider shall provide the results of all such drug screening to the COR within 24 hours after receipt. C. Contraband Program and Inspection A contraband control program shall be established in accordance with the 2011 PBNDS and the ACA standards on the control of contraband. The Service Provider's employees are subject to random contraband inspection in accordance with facility standards and policies. ICE may require contraband screening and inspection for cause at any time. Upon notification of a violation by the COR, the Service Provider shall immediately remove the employee from performing duties under this Agreement. The Service Provider shall revoke employees' credentials, complete required disposition, and immediately notify the COR when the employee is removed from duty. D. Removal from Duty If the COR or the Service Provider receives and confirms disqualifying information concerning a Service Provider employee, the Service Provider shall, upon notification by the COR, immediately remove the employee from performing duties under this Agreement. The Service Provider shall revoke the employee's identification credentials and complete any required dispositions. The Service Provider shall immediately notify the COR when the employee is removed from duty. Disqualifying information includes but is not limited to the following: 1. Conviction of a felony, a crime of violence, domestic violence, or a serious misdemeanor. 2. Possessing a record of arrests for continuing offenses. 3. Falsification of information entered on suitability forms. 4. Non-payment of court ordered payments (child support, liens, etc.), or excessive delinquent debt as determined by credit check. 5. Misconduct or negligence in prior employment, which would have a bearing on efficient service in the position in question, or would interfere with or prevent effective accomplishment by the employing agency of its duties and responsibilities. 6. Alcohol abuse of a nature and duration, which suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of others. 7. Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation. ICE may direct the Service Provider to remove any employee who has been disqualified either for security reasons or for being unfit to perform his/her duties as determined by the COR or the Contracting Officer. The Service Provider shall take action immediately and notify the COR when the employee is removed from duty. A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Violation of the Rules and Regulations Governing Detention facilities set forth in ICE Publications entitled "Detention Officer Handbook", Violation of the Rules and Regulations Governing Public Buildings and Grounds, CFR 101-20.3; Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, leaving post without relief, and refusing to render assistance or cooperation in upholding the integrity of the security program at the work sites; Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; Theft, vandalism, immoral conduct, or any other criminal actions; Possessing, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects; Unethical or improper use of official authority or credentials; Unauthorized use of communication equipment or government property; Misuse of equipment or weapons; Violations of security procedures or regulations; Recurring tardiness; Possession of alcohol, illegal substances, or contraband while on duty; Undue fraternization with detainees as determined by the COR; Repeated failure to comply with visitor procedures as determined by the COR; Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense resulting in, or contributing to, a detainee escape; Failure to maintain acceptable levels of proficiency or to fulfill training requirements; Changes in an employee's ability to meet the physical and/or mental health requirements of this Agreement; Service Provider employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the disposition. At the direction of the COR, the Service Provider shall reassign contract employees who have been arrested or who have alleged misconduct to duties that do not permit direct contact with detainees pending the disposition of the charges. Any alleged misconduct shall be reported immediately to the COR. If such reassignments are not available, the Service Provider shall remove the employee from work under this contract and other ICE contracts. E. Tour of Duty Restrictions The Service Provider shall not utilize any uniformed contract employee to perform duties under this Agreement for more than 12 hours in any 24-hour period, and shall ensure that such employees have a minimum of eight hours off between shifts. Authorization is required from the COR prior to an employee performing services that exceed 12 hours. If an employee is performing other duties for either the Service Provider or another employer, those hours shall count against the 12-hour limitation. Employees performing transportation duties can work up to 15 hrs in a 24 hr period as needed under Department of Transportation regulations. F. Dual Positions In the event that a supervisory detention officer is not available for duty the Service Provider should provide a full-time supervisor as a replacement. A contract employee shall not hold the position of Detention Officer and Supervisory Detention Officer simultaneously. The COR will document and refer to the Contracting Officer the failure of the Service Provider to provide necessary personnel to cover positions. G. Post Relief As indicated in the post orders, the Detention Officer shall not leave his or her post until relieved by another Detention Officer. When the Service Provider or Service Provider's Supervisors authorize rest or relief periods, the Service Provider shall assign undesignated officers to perform the duties of the Detention Officers on break. H. Personnel Files The Service Provider shall maintain a system of personnel files, and make all personnel files available to the CO and the COR upon request. These files shall be maintained and current for the duration of the employee's tenure under the Agreement. The files shall contain verification of training and experience and credentials for all the staff. I. Uniform Requirements These requirements apply to Resident Monitoring Staff (Supervisory Detention Officers and Detention Officers) who perform work under the contract. 1. Uniforms The Service Provider shall provide uniforms to its employees, such as khaki pants and polo shirts. The design and color of the Service Provider's uniforms shall not be similar to those worn by ICE officers. All officers performing under this contract shall wear uniforms of the same styIe and color while on duty. Supervisory personnel should wear different color shirts to distinguish them from line staff. Each officer shall wear an identification nametag over the right breast shirt pocket Uniforms and equipment do not have to be new, but shall be in good condition and meet the standards at start of duty. Officers not in proper uniform shall be considered "not ready for duty/not on duty" until properly uniformed. All uniforms shall be clean, neat, and in good order. The Service Provider shall ensure that each officer has a complete uniform while performing assignments under this Agreement. Prior to the Agreement performance date, the Service Provider shall document to the COR the uniform and equipment items that have been issued to each employee. The COR shall have the right to approve or disapprove any uniform apparel. 2. Identification Credentials The Service Provider shall ensure that all employees both uniformed and nonuniformed (if applicable) have the required identification credentials in their possession while on the premises. The Service Provider identification credential document shall contain the following: a. A photograph that is at least one inch square that shows the full face and shoulders of the employee and is no more than 30 days old when the Service Provider issues the credential. b. A printed document that contains personal data and description consisting of the employee's name, sex, birth date, height, weight, hair color and eye color, as well as the date of issuance, the signature of the employee, and the signature of project manager designated Service Provider personnel. c. To avoid the appearance of having Government issued badges, the Service Provider shall not possess wallet type badges or credentials. All credentials shall be approved by the COR. J. Permits and Licenses 1. Business Permits and Licenses The Service Provider must obtain all required permits and licenses by the date of the Agreement award. The Service Provider must (depending on the state's requirements) be licensed as a qualified security service company in accordance with the requirements of the district, municipality, county, and state in which ICE work site(s) is/are located. Throughout the term of this Agreement, the Service Provider shall maintain current permits/business licenses and make copies available for Government Inspection. The Service Provider shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards. 2. Licensing of Employees Before reporting to duty on this contract, the Service Provider shall ensure each employee has registration, commissions, permits, and licenses as required by the district, municipality, county, and state in which ICE work site is located. The Service Provider shall verify all licenses and certifications. If applicable, all Service Provider staff shall possess a current license/registration, in the state in which they are practicing. 3. Jurisdiction The Service Provider's authority under this Agreement is limited to space or posts that are under the charge and control of ICE. The Service Provider will not extend his services into any other areas. K. Encroachment Service Provider employees shall not have access to Government equipment, documents, materials, and telephones for any purpose other than as authorized by ICE. Service Provider employees shall not enter any restricted areas of the processing centers unless necessary for the performance of their duties. L. Work Schedules The Service Provider shall follow the criteria described below when establishing work schedules, contact relief, rest periods, and starting and stopping work. 1. Post Work Schedules One week in advance, the Service Provider shall prepare supervisory and Detention Officer work schedules, for a two-week period, and shall post them in work areas or locker rooms. A manpower report shall be submitted to the COR on a monthly basis. Schedules shall be prepared on a form designated by ICE. The Service Provider can use their own format if they already have an established procedure for doing so. Changes in duty hours shall also be posted on this form in sufficient time to ensure 24-hour advance notice. By noon each day, the Service Provider shall provide, to ICE the duty roster showing all assignments for the following day. At the completion of each shift, the Service Provider shall also provide an employment report listing (copies of the sign-in sheets [GSA Form 139, or approved equivalent Record of Arrival and Departure from Buildings during Security Hours] for each shift) for each employee who actually worked, work classification, post assignments, and hours worked, as well as total hours worked by supervisory and non-supervisory employees to the COR. The on-duty Service Provider Supervisor shall conduct regular post checks to ensure personnel are prepared to be on duty. When an employee is not being utilized at a given post, the Service Provider at the direction of the COR or ICE Supervisor on Duty may reassign hirnlher to another post. 2. Starting and Stopping Work The Service Provider is responsible for all employees to be dressed in full uniform and ready to begin work promptly at the beginning of each shift. Each employee shall remain at the duty locations until the shift is completed. The Service Provider shall provide, to ICE COR, documentation certifying that each contract employee has been issued approved uniforms and equipment prior to Entry on Duty (EOD) date. 3. Recording Presence The Service Provider shall direct its employees to sign in when reporting for work, and to sign out when leaving at the end of their period of duty. The Service Provider's supervisory and regular personnel are required to register at the applicable work site(s) and shall use GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours or other forms designated by ICE. The Government shall specify the registration points, which will be at the protected premises, and the Service Provider must utilize those points for this purpose. Officers, working as supervisors, shall make the designation "Supervisor" in the rank column on GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours, or other forms designated by ICE; all others will enter "On Duty." The applicable post or position numbers may be entered in the "relief column after mutual concurrence between ICE and the Service Provider. Each line on GSA Form 139, Record of Arrival and Departure from Buildings during normal duty hours, or other forms designated by ICE must be completed in chronological order, without exception. Lines may not be left blank between signatures. If an entire line is used to enter a calendar date to separate individual workdays, a one-line limit for each date entered will be followed. Erasures, obliterations, superimposed, or double entries of any type on anyone line are unacceptable and will not be processed for payment. If errors are made in signatures, times, post numbers, or duty status on this form, the next line immediately following the line containing such errors, will be used to record all corrected information. A single line will be drawn through the entire line on which such mistakes appear. The Service Provider must attach a detailed memorandum explaining the reasons for the mistakes to each form containing erroneous entries. 4. Rest Periods When the Service Provider authorizes rest and relief periods for a Service Provider employee, a substitute officer shall be assigned to the duty location. 5. Work Relief When the work assignments require that the Service Provider's employees do not leave the assigned duty locations until a substitute officer has provided relief, this condition shall be explicitly stated on GSA Form 2580, Guard Post Assignment Record, or other forms designated by ICE COR The Service Provider shall enforce the procedure without exceptions. 6. Hospitalization of Detainees The detainees shall not use the telephones unless the Service Provider receives prior approval from the COR The contract employees shall not fraternize with c1inic/hospital staff or with casual visitors to the clinic/hospital. Detainee visitation is not permitted at the hospital. The Service Provider is obligated to relay messages as requested by the detainee to ICE COR IV. BACKGROUND AND CLEARANCE PROCEDURES A. Initial Drug Testing The Service Provider must obtain screening for the use of illicit drugs of every employee and prospective employee working under this Agreement. Drug screening is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP), and marijuana metabolites by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug Abuse (NIDA) must perform the screening. Prior to the granting of a favorable EOD decision, the Service Provider must submit the results of the drug screening on the applicant to the COR. Drug testing of an applicant will commence as soon as scheduled upon receipt of an applicant's personnel suitability packet by the COR. The results of an applicant's drug test must be submitted to the COR no later than 21 calendar days after receipt of an applicant's personnel suitability packet. Such tests shall be obtained from a National Institute of Drug Abuse (NIDA) approved laboratory and screened for the presence of the following drugs or drug classes: amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP) and marijuana metabolites. (The ICEIDRO reserves the right to expand the list above to include additional drug/drug classes.) Service Provider shall ensure that all federal, state, and local legal procedures are followed whether or not included in these procedures, with regard to the specimen, Service Provider must ensure that the confirmations are correct and that an adequate chain of custody procedure exists and is followed. The Service Provider must post the ICE "Drug Free Workplace Policy" in all facility work areas. B. Training Employees shall not perform duties under this Agreement until they have successfully completed all initial training and the COR receives written certification from the Service Provider. Facility staff will be trained in accordance with the 2011 PBNDS and ACA standards. To enhance the staff's ability to carry out the mission of civil detention, additional training related to communication skills, sensitivity, multi-cultural awareness, PREA and basic medical care shall be provided and required. To support a civil versus penal environment, facility staff may be dressed in nontraditional uniforms. Employees shall not perform duties under this Agreement until they have successfully completed all initial training and the COR receives written certification from the Service Provider. 1. General Training Requirements a. All employees will have the training described in the ACA Standards and in this section. The Service Provider shall provide the required refresher courses or have an institution acceptable to the COR to provide the training. Failure of any employee to complete training successfully is sufficient reason to disqualify him or her from duty. b. All new Officers and Custody staff will receive 120 hours of training as delineated in the ACA Standards during the first year of employment. All staff assigned to the facilities addressed in this IGSA will also receive any other additional training ICE may require. **Firearm Training for Required Armed Detention Services in accordance with State licensing requirements and 2011 PBNDS requirements. Additional classes shall be at the discretion of the Service Provider with the approval of the COR. 2. Refresher Training a. Every year the Service Provider shall conduct 40 hours of Refresher Training for all Officers and Custody staff including Supervisory Officers. Refresher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. b. The Service Provider shall coordinate recertification in CPR and First Aid with the ICE training staff. This training shall be provided at no cost to the Government. Annually, upon completion, the Service Provider shall provide documentation of refresher training to the COR. c. In addition to the refresher training requirements for all Officers and Custody staff, supervisors must receive refresher training relating to supervisory duties. 3. Basic First Aid and CPR Training a. All members of the Service Provider's security staff shall be trained annually in basic first aid and CPR. They must be able to: 1. 2. 3. 4. Respond to emergency situations within four minutes. Recognize warning signs of impending medical emergencies. Know how to obtain medical assistance. Recognize signs and symptoms of mental illness. 5. Know the universal precautions for protection against bloodborne diseases. 4. Supervisory Training All new Supervisory Officers assigned to perform work under this agreement must successfully complete a minimum of 40 hours of formal supervisory training provided by the Service Provider prior to assuming duties. This training is in addition to mandatory training requirements for Officers. Supervisory training shall include the following management areas: a. Techniques for issuing written and verbal orders b. Uniform clothing and grooming standards c. Security Post Inspection procedures d. Employee motivation e. Scheduling and overtime controls f. Managerial public relations g. Supervision of detainees h. Other company policies i. Responding to sexual assault/abuse J. Responding to assaults on staff, detainee on detainee violence, and supervising and/or responding to uses of force. All supervisory staff assigned to the facilities addressed in this IGSA will also receive training in the Civil Rights Civil Liberties (CRCL)/ICE relationship, Women's Issues in Detention, the Violence Against Women ACT (V AW A), Asylum Seekers in Detention, and Mental Health Concerns in ICE Detention. Additional classes shall be at the discretion of the Service Provider with the approval of the COR. The Service Provider shall submit documentation to the COR, to confirm that each supervisor has received basic training as specified in the basic training curriculum. 5. Proficiency Testing The Service Provider shall give each Officer and Custody staff a written examination consisting of at least 25 questions after each classroom-training course is completed. The Service Provider may give practical exercises when appropriate. The COR shall approve the questions before the Service Provider can administer the examination. To pass any examination, each officer and custody staff must achieve a score of 80% or better. The Service Provider must provide the COR with the eligible Officer or Custody staff's completed exam before the Officer or Custody staff may be assigned to duties under the agreement. Should an employee fail the written test on the initial attempt, he or she shall be given additional training by the Service Provider and be given one additional opportunity to retake the test. If the employee fails to complete and pass the test the second time, the Service Provider shall remove the employee from duties on this agreement. 6. Training Documentation a. The Service Provider shall submit a training forecast and lesson plans to the COR or ICE designee, on a monthly basis, for the following 60-day period. The training forecast shall provide date, time, and location of scheduled training and afford the COR observation/evaluation opportunity. b. The Service Provider shall certify and submit the training hours, type of training, date and location of training, and name of the instructor monthly for each employee to the COR or ICE designee. V. REQUIRED SERVICES - ADMINISTRATION AND MANAGEMENT A. Manage Information System for Collecting, Retrieving, Storing, and Reporting Detainee Detention All detainee files are to be prepared, maintained, retired, and disposed of in accordance with the 2011 PBNDS. Policy and procedures shall be developed to ensure the confidentiality and security of all detainee files. Information from a detention file will be released to an outside third party only with the detainee's signed release-of-information consent form. Any release of information will be in accordance with applicable Federal and state regulations. B. Manage the Receiving and Discharge of Detainees In accordance with the 2011 PBNDS, the Service Provider will provide for the admitting and releasing of detainees to protect the health, safety, and welfare of each individual. During the admissions process, detainees undergo screening for medical purposes, have their files reviewed to ensure they can be housed at the facility, submit to a standard body search, and are personally observed and certified regarding the examination, categorization, inventorying, and safeguarding of all personal belongings. This shall include fingerprinting of detainees. The Service Provider shall comply with the ICE policy on Admission and Release when entering detainee admission and release data. ICE detainees shall be fingerprinted in accordance with the ICE policy on Admissions Documentation. The intake process shall include, at a minimum, a medical and social screening prior to detainee release into the general population. This facility is designed for Level I, II, and III detainees that include non-criminals as well as those with criminal records. Detainees will have access to a minimum of one free telephone call during the admission process and the release process. C. Manage and Account for Detainee Assets (funds, property) The Service Provider will provide for the control and safeguarding of detainees' personal property. This will include: the secure storage and return of funds, valuables, baggage, and other personal property; a procedure for documentation and receipting of surrendered property; and the initial and regularly scheduled inventories of all funds, valuables, and other property. The Service Provider shall have written standard procedures for inventory and receipt of detainee funds and valuables that adheres to the requirements of ICE policy on Funds and Personal Property; and Detention and Removal Operations Policy and Procedure Manual (DROPPM) Update: Chapter 30: Detainee Property Management. Written procedures shall be established for returning funds, valuables, and personal property to a detainee being transferred or released that adheres to the requirements of ICE policy. The Service Provider shall ensure that all detainees who are scheduled for either transfer or release are given all funds (in cash) immediately prior to leaving the facility. Confiscated foreign currency funds are to be returned to the detainee. D. Securely Operate the Facility Policy and procedures for the maintenance and security of keys and locking mechanisms shall be developed. The procedures shall include, but are not limited to: method of inspection to expose compromised locks or locking mechanisms; method of replacement for all damaged keys and/or locks; a preventive maintenance schedule for servicing locks and locking mechanisms and method of logging all work performed on locks and locking mechanisms; policy for restricting security keys from 24 hour issue or removal from the institution; and method of issuing emergency keys. Staff responsible for lock maintenance shall receive training and be certified from a Government approved training program (or equivalent) specializing in the operation of locks and locking mechanisms. The Service Provider shall provide constant unarmed perimeter surveillance of the facility. Surveillance may be provided via a minimum of one motorized security patrol. The Service Provider shall develop policies and procedures regarding detainee use of those classified controlled tools and equipment most likely to be used in an escape or as a weapon. Further, the Service Provider shall ensure that detainee usage of those classified controlled tools and equipment is only under direct Service Provider staff supervision. E. Enforce the Detainee Disciplinary Policy The Service Provider shall comply with the 2011 PBNDS disciplinary policy. Facility authorities may take disciplinary action against any detainee who is not in compliance with the rules and procedures of the facility. F. Administrative Segregation Policy Placements in administration segregation for purposes of protection custody should only be done for short duration. Use of administrative segregation to protect vulnerable populations shall be restricted to those instances where reasonable efforts have been made to provide appropriate housing and shall be made for the least amount of time practicable, and when no other viable housing options exist, and as a last resort. Detainees who have been placed in administrative segregation for protective custody shall have access to programs, services, visitation, counsel and other services to the maximum extent possible. G. Maintain Detainee Accountability Population counts will be conducted in accordance with the 2011 PBNDS. All counts shall be documented in separate logs maintained in the applicable locations where detainees are housed, the control center and shift supervisor's office and shall be maintained for a minimum of 30 days. Count records must be available for review and secured away from the detainee population. H. Collect and Disseminate Intelligence Information Policy and procedures for collecting, analyzing, and disseminating intelligence information regarding issues affecting safety, security, and the orderly running of the facility shall be developed. This information should include, but not be limited to: gang affiliations; domestic terrorist groups; tracking of detainees having advanced skills in areas of concern (locksmiths, gunsmiths, explosives, and computers, etc.); narcotics trafficking; mail and correspondences; detainee financial information; detainee telephone calls; visiting room activity; and actions of high profile detainees. The Service Provider shall share all intelligence information with the ICE Intelligence Office. I. Provide Security Inspection System The Service Provider will develop and maintain a security inspection system with the aim of controlling the introduction of contraband into the facility, ensure facility safety, security and good order, prevent escapes, maintain sanitary standards, and eliminate fire and safety hazards. The Service Provider's inspections program will meet the requirements of the 2011 PBNDS for Security Inspections. The Service Provider shall report all criminal activity related to the performance of this contract to the appropriate law enforcement investigative agency. The Government may investigate any incident pertaining to performance of this contract. The Service Provider shall cooperate with the Government on all such investigations. The Service Provider shall immediately report all serious incidents or criminal activity to the COR Serious incidents include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work place violence, civil disturbances/protests); staff uses of force including use of lethal and less lethal force (includes detainees in restraints more than eight hours); assaults on staff/detainees resulting in injuries that require medical attention (does not include routine medical evaluation after the incident); fires; fights resulting in injuries requiring medical attention; full or partial lock-down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or significant publicity; adverse weather; fence damage; power outages; bomb threats; high profile detainee cases admitted to a hospital; significant environmental problems that impact the facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Pursuant to ICE instructions, the Service Provider shall counteract civil disturbances, attempts to commit espionage or sabotage, and other acts that adversely affect the normal site conditions, the security and safety of personnel, property, detainees, and the general pUblic. J. Maintain Institutional Emergency Readiness The Service Provider shall submit an institutional emergency plan that will be operational prior to issuance of the NTP. The plan shall receive the concurrence of the COR prior to implementation and shall not be modified without the further written concurrence of the CO. The Service Provider shall have written agreements with appropriate state and local authorities that will allow the Service Provider to make requests for assistance in the event of any emergency incident that would adversely affect the community. Likewise, the Service Provider shall have in place, an internal corporate nation-wide staff contingency plan consisting of employees who possess the same expertise and skills required of staff working directly on this contract. At the discretion of ICE, these employees would be required to respond to an institutional emergency at the contracted facility if deemed necessary. The emergency plans shall include provisions for two or more disturbance control teams. Protective clothing and equipment for each team member and 30 percent of all additional facility staff members shall be provided by the Service Provider, and maintained in a secure location outside the secure perimeter of the facility. Any decision by ICE or other federal agencies to provide and/or direct emergency assistance will be at the discretion of the Government. The Service Provider shall reimburse the Government for any and all expenses incurred in providing such assistance. Attempts to apprehend any escapee(s) shall be in accordance with the Emergency Plan, which shall comply with the 2011 PBNDS regarding Emergency Plans. The Service Provider shall submit to the COR a proposed inventory of intervention equipment (e.g., weapons, munitions, chemical agents) intended for use during performance of this contract. The COR, prior to issuance of the NTP, shall provide concurrence of the intervention equipment. The approved intervention equipment inventory shall not be modified without prior written concurrence of the CO. The Service Provider shall obtain the appropriate authority from state or local law enforcement agencies to use force as necessary to maintain the security of the facility. The use of force by the Service Provider shall at all times be consistent with all applicable policies of the 2011 PBNDS on Use of Force. K. Manage Computer Equipment and Services in Accordance with all Operational Security Requirements The Service Provider must comply with all federal security and privacy laws and regulations established to protect federal systems and data. The Service Provider will inform all personnel of the confidential nature of ICE detainee information. The Service Provider will restrict access of data information pertaining to ICE detainees to authorized employees with the appropriate clearance who require this information in the course of their official duties. In accordance with the Freedom of InformationJPrivacy Act (FOIAIP A), the Service Provider may not disclose information obtained pertaining to ICE detainees to a third party without written permission from the COR. The Service Provider is required to develop a procedural system to identify and record unauthorized access, or attempts to access ICE detainee information. The Service Provider will notify the COR and alternate COR within four hours of a security incident. L. Provide Continuous Video Surviellance of Detainees The Service Provider must provide a safe environment for ICE detainees and staff; ensure OCPC dorms are secure at all times by providing for the security and wellbeing of detainees via visual, camera, and radio monitoring of all movement within the Level I dorms. VI. FACILITY SECURITY AND CONTROL A. Security and Control (General) The Service Provider shall maintain a copy of facility post orders for employee review within the areas of assignment, and shall initiate responses to any incidents as outlined in the post orders. The Service Provider employees shall write reports of incidents as outlined in the post orders. The Service Provider shall operate and control all designated points of access and egress on the site; such as, detainee housing units, courtrooms, medical facilities, and hold rooms. The Service Provider shall inspect all packages carried in or out of site in accordance with ICE procedures. The Service Provider shall comply with ICE security plans. The Service Provider shall comply with all the 2011 PBNDS pertaining to the security and control of the detention facilities. The Service Provider will adhere to local operating procedures within each facility. B. Unauthorized Access The Service Provider shall detect and detain persons attempting to gain unauthorized access to the site( s) identified in this contract. C. Direct Supervision of Detainees The Service Provider shall provide direct supervision of all Level III detainees in all areas, including supervision in detainee housing and activity areas, to permit Detention Officers to hear and respond promptly to emergencies. The Service Provider shall provide direct supervision of all Level I and Level II detainees in all activity areas, to permit Detention Officers to hear and respond promptly to emergencIes. D. Indirect Supervision of Detainees The Service Provider shall provide indirect supervision of all Level I and Level II detainees in in detainee housing areas, to permit Detention Officers to hear and respond promptly to emergencies. E. Logbooks The Service Provider shall be responsible to complete and document in writing, for each shift, the following information in the logbooks: 1. Activities that have an impact on the detainee population (e.g., detainee counts, shakedowns, detainee movement in and out of the site, and escorts to and from court). 2. Shift activities (e.g., security checks, meals, recreation, religious services, property lockers, medical visits). 3. Entry and exit of persons other than detainees, ICE staff, or Service Provider Staff (e.g., attorneys and other visitors). 4. Fire drills and unusual occurrences. F. Records and Reports The Service Provider shall furnish, on a daily basis, a manifest of all detainees currently detained in the facility. The manifest shall contain the following information for each detainee: "A" File Number (system of numbering supplied by ICE); office received from; name; date of birth; gender; nationality; date of arrival; number of days the detainee has been in the facility; and type of release, if applicable. The Service Provider shall provide monthly status reports to the COR or alternate COR, Such reports will include a monthly key indicator report, which indicates the key personnel positions of the facility (e.g., position title, name of the employee, vacancies and length of vacancies, dates of service, additional comments). These monthly reports must be submitted to the COR or alternate COR by the fifth of each month for the previous month's activities and staffing. The Service Provider shall prepare required orders, instructions, and reports of accidents, security violations, fires, and bomb threats. The reports shall be maintained, on file, concerning all activities in connection with duties and responsibilities for the services performed under this Agreement. All such records must be kept using a system with a written policy, which allows the reports to be made available to the Government for inspection. The Service Provider shall, at the request of ICE, prepare any special or other reports, or issue further orders and instruction as may be required in support of work within the scope of this Agreement. The distribution, format, and time elements for these reports shall be directed by Government requirements. All records and logs, required for operation and performance of work under this Agreement, shall be made available to ICE at Agreement completion. The Service Provider shall provide a detailed and comprehensive inventory of records to be turned over to the Contracting Officer at contract completion or contract termination. The written inventory shall be recorded on Standard Form (SF) 135 or approved equivalent, Records Transmittal and Receipt, and shall be consistent with the National Archives and Records Administration (NARA) guidelines for inventoried records (see: http://www.nara.gov/records/index.html). Inventory shall describe the contents of a particular box of records and shall include record type and date of records, and shall be consistent with NARA inventory requirements. The SF - 135, Records Transmittal and Receipt, shall be itemized in sufficient detail to provide program officials with the information required for researching or retrieving retired records. Instructions for the level of detail required can be found on the back of the SF- 135a, Records Transmittal and Receipt (continuation), and the Service Provider shall inventory the records to that level of detail. G. Detainee Counts The Service Provider shall monitor detainee movement and physically count detainees as directed in the ICE Detentions Operations Manual and post orders. (For the ICE Detention Operations Manual, please seehttp://www.ice.gov/detention- standards1201l1 ).. All counts shall be documented in separate logs maintained in the applicable locations where detainees are housed, control center, and shift supervisor's office and shall be maintained for a minimum of 30 days. H. Daily Inspections The Detention Officers shall conduct daily inspections of all security aspects of the site. They shall check all bars, locks, windows, walls, floors, ventilation covers, glass panels, access plates, protective screens, doors, lights, and equipment for operational wear and detainee tampering. The Detention Officers shall also report slippery floor surfaces. This documentation shall be made daily in a logbook. Problems discovered during these inspections shall be clearly identified in the documentation. The Service Provider shall also notify the COR of any abnormalities or problems. The Service Provider shall immediately notify the COR or alternate COR on duty of any physical facility damage. Written documentation of any problem areas shall be submitted to the COR by the end of the shift. I. Control of Contraband The Service Provider shall conduct searches for contraband at least once daily, in all areas in which detainees have access. Searches shall be random and unannounced. During the searches, detainee possessions shall be disturbed as little as possible. Contraband items shall be immediately confiscated, logged into the Contraband logbook in accordance with the 2011 PBNDS, and turned over to the COR or alternate COR on duty. The Service Provider shall document records of the searches in a logbook and forward a report to the COR within 24 hours after discovery of the contraband items. J. Keys and Access Control Devices The Service Provider shall adhere to key control policies, in accordance with the 2011 PBNDS Entrance Access Controls: The Service Provider shall operate and enforce the personnel admitting and identification systems, and package inspection procedures in accordance with security guidelines at the protected premises prescribed by the 2011 PBNDS. The Service Provider may accept registered mail and parcels, in accordance with ICE approved procedures. The Service Provider shall be responsible for the distribution of all received mail and parcels. K. Control of Chemicals The Service Provider shall adhere to, the 2011 PBNDS, ACA, and OSHA established procedures, applicable laws, and regulations governing the storage and inventory of all flammable, toxic, and caustic materials used for janitorial cleaning, laundry maintenance, vehicle maintenance, and other applications. L. Post Orders The Service Provider shall develop post orders, policies and procedures, and instructions necessary for proper performance at each duty post. Each post will have a separate post order. The Service Provider is responsible for compliance with all such orders, policies and procedures, and instructions. ICE shall approve all post orders prior to implementation of them. The Service Provider shall make post orders available to all Service Provider employees. Each Service Provider Detention Officer shall certify, in writing, that he or she understands and agrees to comply with all post orders, policies and procedures, and instructions prior to being initially assigned to that post. The Service Provider shall retain its employees' certifications and make them available to the COR upon request. M. Deviation from Prescribed Schedule Assignments The Service Provider is authorized to deviate from the scheduled assignment when unusual conditions or circumstances so demand, and if prior approval is received from the COR. All deviations shall be recorded in the daily logbook. When the COR is not available, the Service Provider shall notify the alternate COR immediately or as soon as is practically possible. N. Use of Force Policy ICE restricts the use of physical force by Detention Officers to instances of justifiable self-protection, protection of others, and protection of property and prevention of escapes. Physical force may only be used to the degree necessary to safeguard the well being of the detainee( s) and others in the immediate area. The following policies pertain to use of force: 1. The Service Provider shall adhere to the 2011 PBNDS on the use of deadly and non-deadly force to include the use of intermediate and deadly weapons. 2. The physical force report shall include: a. An accounting of the events leading to the use of force. b. A precise description of the incident to include date, time, place, type of force used, and reasons for employing force. c. A description of the person (Detention Officers or detainees) who suffered described injuries, if any, and the treatment given. d. A list of all participants and witnesses (Service Providers, detainees, and ICE personnel) to incident 3. The calculated use of force must be in accordance with the 2011 PBNDS and requires, at a minimum, the following: e. The formulation of an After Action Review Team, which must include the participation of the COR [ An After Action Report submitted to the COR within 30 days of the incident, with corrective actions noted, if applicable. g. Video footage of the incident must be made available for potential ICE review. O. Use of Restraints Policy The Service Provider shall comply with the 2011 PBNDS governing the use of restraint equipment Restraints shall never be applied as punishment nor shall they be used for more time than is necessary. Restraints shall be used only as a precaution against escape during transfer to prevent detainee self-injury, injury to others, property damage, or for medical reasons under direction of the Health Authority. Restraints consist of handcuffs, waist restraints, and leg restraints. When directed by the COR, the Detention Officer may use Government-provided disposable nylon straps in lieu of handcuffs or leg restraints in emergencies, mass arrest situations, or if a detainee's wrists or ankles are too large for conventional restraints. ICE prohibits the Service Provider from using all other restraint devices. P. Intelligence Information The Service Provider shall notify the COR or Alternate COR immediately on issues, which could impact the safety, security, and the orderly operation of the facility. Q. Lost and Found The Service Provider shall log and maintain all lost and found articles and shall report all items to the COR or Alternate COR. R. Escapes The Service Provider shall take all appropriate measures to prevent escapes. The Service Provider shall notify the COR and Alternate COR immediately if an escape or an attempted escape has occurred. The Service Provider shall provide the COR and alternate COR with a written report prior to the end of the shift The Service Provider shall be held to the following standards concerning escapes: 1. The Service Provider assumes absolute liability for the escape of any detainee in its control, subject to limitations delineated in item 5 below. 2. The Service Provider shall provide written policies and procedures regarding the actions to be taken in the event of an escape. This document must include reporting requirements for all contract employees, escorts, supervisors, and management personneL These procedures must meet the approval of the COR, be reviewed at least annually, and updated as necessary. 3. Escapes shall be grounds for removing the responsible Service Provider Employee(s) from duty if the Service Provider Employee(s) is/are determined by the Service Provider or the COR to be negligent. Notice of removal shall be provided to the Contracting Officer. 4. Corrective actions to prevent future escapes or attempted escapes shall be taken immediately and verbally communicated to the COR for approval. A written report of the remedial action shall be due to the COR within 24 hours of an escape or attempted escape. 5. ICE may make deductions due to nonperformance. It is specifically understood and agreed that the Government may not reduce the Service Provider's invoice or otherwise withhold payment from or impose any financial penalty upon the Service Provider based upon walk-aways or escapes from the facility, unless such walk-aways or escapes are the result of the Service Provider's gross negligence, it being understood and agreed that this is not a secure facility. s. Injury, Illness, and Reports The Service Provider shall immediately assist employees, detainees, or others on the premises in need of immediate help or who are injured or ilL Service Provider employees shall provide first aid when necessary. The Service Provider shall immediately notify the COR and alternate COR about all incidents that result in physical harm to or threaten the safety, health, or welfare of any person at the site including job-related injuries. If a detainee requires immediate medical attention, the Detention Officer shall notify the medical provider as well as the COR and alternate COR. The Service Provider shall submit a follow-up written report to the COR within 24 hours of the occurrence. The Service Provider shall cooperate with ICE in reviewing serious incidents. A serious incident means any incident resulting in injury to a detainee, Service Provider staff, ICE staff, or property damage. The Service Provider shall submit a monthly injury report summary containing, but not limited to, name, time/date, location, circumstances, care rendered, current status, Worker's Compensation status, and reference to identification of initial report. T. Protection of Employees The Service Provider shall develop plans that comply with ICE comprehensive plans and procedures to safeguard employees against exposure of blood borne pathogens. The ICE plan is based upon OSHA standards found in the Employee Occupational Safety and Health (EOSH) Manual. (For additional information, please see Occupational Exposure to Blood Bourne Pathogens, 29 CFR 1910.1030.) U. Medical Requests The Service Provider shall adhere to ICE policies and procedures regarding detainee medical requests . Please see http://www.ice.gov/doc1ibIPBNDS/pdf/medical care.pdf to view the 2011 PBNDS on Medical Care. If a detainee requires emergency medical attention, the Detention Officer shall immediately notify his or her Supervisor via radio or telephone. The Service Provider's Supervisor will, in turn, notify the medical provider as well as the COR and alternate COR. V. Emergency Medical Evacuation The Service Provider shall develop and implement written policies and procedures that define emergency health care evacuation of detainees from within the facility. w. Sanitation and Hygienic Living Conditions The Service Provider shall comply with the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910 and 1926. The Service Provider shall comply with all applicable ICE, federal, state and local laws, statutes, regulations, and codes. In the event there is more than one reference to a safety, health, or environment requirement in an applicable, law, standard, code, regulation, or ICE policy, the most stringent requirement shall apply. VII. MANAGE A DETAINEE WORK PROGRAM A. General It will be the sole responsibility of ICE to determine whether a detainee will be allowed to perform on voluntary work details and at what classification leveL All detainees shall be searched when they are returned from work details. Detainees shall not be used to perform the responsibilities or duties of an employee of the Service Provider. Detainees shall not be used to perform work in areas where sensitive documents are maintained (designated ICE workspace). CustodiaVjanitorial services to be performed in designated ICE work space will be the responsibility of the Service Provider. Appropriate safety/protective clothing and equipment shall be provided to detainee workers as appropriate. Detainees shall not be assigned work that is considered hazardous or dangerous. This includes, but is not limited to, areas or assignments requiring great heights, extreme temperatures, use of toxic substances, unusual physical demands, and cleaning of medical areas. VIII. HEAL TH SERVICES The Service Provider will provide all health and medical-related services for the facility, as previously described in this PWS. A. Manage a Detainee Death in Accordance with the 2011 PENDS on Terminal Illness, Advance Directives, and Death The Service Provider shall fingerprint the deceased. Staff members performing the fingerprinting shall date and sign the fingerprint card to ensure that a positive identification has been made and file the card in the detainee's file .. If death is due to violence, accident surrounded by unusual or questionable circumstances, or is sudden and the deceased has not been under immediate medical supervision, the Service Provider shall notify the coroner of the local jurisdiction to request a review of the case, and if necessary, examination of the body. The Service Provider shall establish coroner notification procedures outlining such issues as performance of an autopsy, which will perform the autopsy, obtaining state approved death certificates, and local transportation of the body. The Service Provider shall in cooperation with the Field Office representative, ensure the body is turned over to the designated family member, the nearest of kin or the Consular Officer of the detainee's country of legal residence. IX. FOOD SERVICE A. Manage Food Service Program in a Safe and Sanitary Environment The Service Provider shall provide detainees with nutritious, adequately varied meals, prepared in a sanitary manner while identifying, developing, and managing resources to meet the operational needs of the food service program. The Service Provider shall identify, develop, and manage food service program policy, procedures, and practices in accordance with the provisions of the 2011 PBNDS on Food Service. x. DETAINEE SERVICES AND PROGRAMS A. Manage Multi-Denominational Religious Services Program The Service Provider shall ensure detainees of different religious beliefs will be provided reasonable and equitable opportunity to practice their respective faiths. The religious services program will comply with all elements of the 2011 PBNDS on Religious Practices and relevant federal statutes. B. Provide for a Detainee Recreation Program The Service Provider shall develop and ensure adequate and meaningful recreation programs for detainees at the facility. In addition to the indoor and outdoor recreation areas, the facility shall provide several multi-purpose rooms that can be used for activities such as indoor table games, watch TV, read, and generally interact with other detainees in a relaxed setting. Indoor and outdoor areas will offer recreational equipment to provide aerobic and strength conditioning. Outside recreation activities may include handball, volleyball, basketball, soccer, or other activities appropriate to the needs of the population. Subject to the security needs of the facility, and using the provisions of the PBNDS 2011 as a guide, detainees will be allowed ample access to the recreation areas within the facility's perimeter. Recreation time should be no less than as specified in the PBNDS 2011. C. Manage and Maintain a Commissary A commissary shall be operated by the Service Provider as a privilege to detainees who will have the opportunity to purchase from the commissary several times per week. These items will not include those items prohibited by the Warden/Facility Director. All items available at the commissary must be approved by the COR or alternate COR. The commissary inventory shall be provided to the COR upon request. The Service Provider may assess sales tax to the price of items, if state sales tax is applicable. Revenues are to be maintained in a separate account and not commingled with any other funds. If funds are placed in an interest bearing account, the interest earned must be credited to the detainees. Any expenditure of funds from the account shall only be made with the approval of the Contracting Officer. Any revenues earned in excess of those needed for commissary operations shall be used solely to benefit detainees at the facility. Profits may also be used to offset commissary staff salaries. The Service Provider shall provide independent auditor certification of the funds to the COR anually. At the end of the contract period, or as directed by the Contracting Officer, a check for any balance remaining in this account shall be made payable to the Treasury General Trust Fund and given/transmitted to the Contracting Officer. Detainees are permitted to receive funds from outside sources (i.e., from family, friends, bank accounts). Outside funds or those generated from work may be used to pay for products and services from the commissary. D. Visitation Visitation shall be provided within a designated area with hours of operation throughout the week consistent with the PBNDS 2011. The facility shall provide multi-purpose rooms for NGOs rights presentations [and EOIR LOP programs]. These rooms shall also be available for use by consular officials. E. Law Library The Service Provider shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for computers, printers, books, and materials to provide a reading area - "Law Library" - in accordance with the 2011 PBNDS on the Access to Legal Materials. F. Library The Service Provider shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for books and materials to provide a reading area and detainees will be permitted to take books back to their housing area consistent with safety and security requirements. G. Barber Shop A barber shop, designed and equipped in accordance with ICE standards, shall be made available to ICE detainees. H. Language Access The Service Provider will ensure that applicable content of all instructions given to ICE detainees and copies of the Detainee Handbook - as addressed in the PBNDS 2011 standards - are communicated to detainees in a language or manner that the detainee can understand. All written materials provided to detainees shall generally be translated into Spanish. Where practicable, provisions for written translation shall be made for other significant segments of the ICE population with limited English proficiency. Oral interpretation or assistance shall also be provided to any ICE detainee who speaks another language in which written material has not been translated or who is illiterate. I. Create and Manage a Detainee Representative Program The Service Provider shall create and manage a Detainee Representative Program. Functioning separately from the Detainee Grievance Program, detainees elect representatives from their living quarters to represent them in bringing issues forward to staff and/or supervisors. A facility manager shall meet with detainee housing area representatives on a scheduled basis to address detainee concerns. J. Physical Plant The facility operation and maintenance shall ensure that detainees are housed in a safe, secure, and humane manner. All equipment, supplies, and services shall be Service Provider-furnished except as otherwise noted. The facility, whether new construction expansion or an existing physical plant, shall be designed, constructed, operated, and maintained in accordance with all applicable federal, state, and local laws, regulations, codes, guidelines, and policies. In the event of a conflict between federal, state, or local codes, regulations or requirements, the most stringent shall apply. In the event there is more than one reference to a safety, health, or environmental requirement in an applicable law, standard, code, regulation or Government policy, the most stringent requirement shall apply. The facility shall provide housing configurations commensurate with the security needs of the population. A one year construction schedule is acceptable for new physical plant requirements. The facility, whether new construction expansion or existing physical plant, shall comply with 40 US.Co 619, which stipulates compliance with nationally recognized codes and comply with the latest edition in effect on the date of proposal submission of one of the following codes: (1) (2) (3) (4) The International Building Code - 2006 Edition (Applicable Code for Otero County, New Mexico). The Uniform Building Code (UBC), with the State of facility location's Amendments; The Building Officials and Code Administrators (BOCA) National Building Code (NBC); or The Standard Building Code (SBC). In the event the jurisdiction in which the facility is located does not mandate use of UBC, BOCA NBC or SBC, then the facility shall comply with the BOCA NBC. Whether new construction expansion or existing physical plant, fire protection and life safety issues shall be governed by the latest edition of the National Fire Protection Association (NFPA) 101, Code for Safety to Life from Fire in Buildings and Structures and applicable National Fire Codes (NFC). Should conflicts occur between NBC and NFC, NFC shall apply. E.O. 12699 - Whether new construction expansion or existing physical plant, the facility shall comply with the Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction. The seismic safety requirements as set forth in either the 1991 International Conference of Building Officials, the UBC, the 1992 BOCA, NBC (or the 1992 Amendments to the Southern Building Code Congress) or SBC are the minimum standards. Should the code applicable for the state in which the facility is located be more stringent than the other codes set forth herein, the state code shall prevail. The facility, whether new construction expansion or existing physical plant, shall comply with the requirements of the Architectural Barriers Act of 1968 as amended and the Rehabilitation Act of 1973 as amended. The standards for facility accessibility by physically handicapped persons as set forth in "Uniform Federal Accessibility StandardslFed Std. - 795 4101188 Edition" (UFAS) shall apply. All areas of the buildings and site shall meet these requirements. Activities, which are implemented, in whole or in part, with federal funds, must comply with applicable legislation and regulations established to protect the human or physical environment and to ensure public opportunity for review. The Service Provider shall remain in compliance with federal statutes during performance of the contract including, but not limited to the following Acts: Clean Air, Clean Water, Endangered Species, Resources Conservation and Recovery; and other applicable laws, regulations and requirements. The Service Provider shall also comply with all applicable limitations and mitigation identified in any Environmental Assessment or Environmental Impact Statement prepared in conjunction with the contract pursuant to the National Environmental Policy Act, 42U.S.C. 4321. The Service Provider shall be responsible for and shall indemnify and hold the Government harmless for any and all spills, releases, emission, disposal and discharges of any toxic or hazardous substance, any pollutant, or any waste, whether sudden or gradual, caused by or arising under the performance of the contract or any substance, material, equipment, or facility utilized. For the purposes of any environmental statute or regulation, the Service Provider shall be considered the "owner and operator" for any facility utilized in the performance of the contract, and shall indemnify and hold the Government harmless for the failure to adhere to any applicable law or regulation established to protect the human or physical environment. The Service Provider shall be responsible in the same manner as above regardless of whether activities leading to or causing a spill, release, emission or discharge are performed by the Service Provider, its agent or designee, a detainee, visitors, or any third party. If a spill(s) or release(s) of any substance into the environment occur, the Service Provider shall immediately report the incident to the COR or ICE designated official. The liability for the spill or release of such substances rests solely with the Service Provider and its agent. A safety program shall be maintained in compliance with all applicable Federal, state and local laws, statutes, regulations and codes. The Service Provider shall comply with the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910 and 1926. Fire Alarm Systems and Equipment - All fire detection, communication, alarm, annunciation, suppression and related equipment shall be operated, inspected, maintained and tested in accordance with the most current edition of the applicable NEC and Life Safety Codes. The Service Provider shall provide outside lighting sufficient to illuminate the entire facility and secure perimeter with at least 1.5 candlepower per square foot in all areas. For new construction expansion or existing physical plant, final and completed, the Service Provider prior to issuance of the NTP shall submit design/construction documents to the COR. For all new construction expansion, the construction schedule shall be updated to reflect current progress and submitted to the COR on a monthly basis. Government staff will make periodic visits during construction to verify Service Provider progress and compliance with contract requirements. As-built drawings and current drawings of the buildings and site utilities shall be maintained in a secure location during construction and contract performance. These updates shall be provided to the COR within 30 days of any changes made. Site utilities include, but are not limited to: water and sewer lines; gas lines; tunnels; steam lines; chilled water lines; recording layouts; elevations; modifications; additions; etc. Two copies of the as-built drawings shall be provided to the COR in AUTOCAD release 14.0 on a CD-ROM no later than 90 days after issuance of the NTP. Promptly after the occurrence of any physical damage to the facility (including disturbances), the Service Provider shall report such damage to the COR or ICE designated official. It shall be the responsibility of the Service Provider to repair such damage, to rebuild or restore the institution. A number of Government staff will be on-site to monitor contract performance and manage other Government interests associated with operation of the facility. Government staff will have full access to all areas of the facility. Service Provider access to Government required space must be pre-approved by the COR. In cases of emergency the Service Provider shall notify the COR promptly. The Service Provider, in accordance with its facility operation and maintenance, shall ensure that detainees are housed in a safe, secure, and humane manner. All equipment, supplies, and services shall be Service Provider-furnished except as otherwise noted. The facility shall be designed, constructed, operated, and maintained in accordance with all applicable federal, state, and local laws, regulations, codes, guidelines, and policies. The Service Provider shall provide and maintain an electronic surveillance system, which will identify any unauthorized access to the institution's perimeter. 4. ICE IT Equipment: ICE shall provide and install IT equipment in office spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure and cabling shall be provided by the Service Provider in accordance with the Structured Cable Plant Standard. NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider's IT system. The system shall serve all operational components to include ICE, EOIR and OPLA. For further ICE and OPLA space requirements, please see Contract Detention Facility (CDF) Design Standards for Immigration and Customs Enforcement (ICE), May 14,2007; addendums: ICE Cabling Standards; Phone Specifications. Government space shall be climate controlled and located consistent with the administrative office space for the Service Provider's staff. Government-occupied space shall be separate from, but accessible to, detainee housing units and the centralized visiting area. Government-occupied space shall also be secure and inaccessible to Service Provider staff, except when specific permission is granted by on-site ICE, or OPLA staff. The Service Provider shall be responsible for all maintenance, security, and janitorial costs associated with space designated for Government staff. The Service Provider shall provide no less than 85 on-site parking spaces for Government use. The Service Provider shall ensure that video cameras monitor hallways, exits, and common areas. A qualified individual shall be responsible for monitoring this system inside and outside the building. Considering that the videos will be recordings of residents who may be seeking asylum or other considerations under U.S. immigration law, the Service Provider is required to maintain the tapes and may not release them to anyone, unless approved by DRS. The Service Provider shall develop a plan for keeping the videos for the duration of the project period and destruction of them upon completion of the program. XI. PROPERTY ACCOUNTABILITY A. General The Service Provider shall enact practices to safeguard and protect Government property against abuse, loss, or any other such incidents. Government property shall be used only for official business. ICE shall maintain a written inventory of all Government property issued to the Service Provider for performance hereunder. Upon expiration of this contract, the Service Provider shall render a written accounting to the COR of all such property. The Service Provider shall assume all risk, and shall be responsible for any damage to or loss of Government furnished property used by Service Provider employees. Normal wear and tear will be allowed. The Service Provider, upon expiration of services, shall immediately transfer to the COR, any and all Government property in its possession or in the possession of any individuals or organizations under its control, except as otherwise provided for in this contract. The Service Provider shall cooperate fully in transferring property to the successor Service Provider. The Government shall withhold final payment until adjustments are made for any lost property. B. Government Owned Vehicles The Serice Provider shall be responsible for any damage incurred to the vehicle as a result of any act or omission on the part of th Service Provider, its employees and or persons acting on behalf of the Service Provider. In addition, the Service Provider shall assume financial responsibility for any related property damage to said vehicle caused by the negligent act or omission of its employees or persons acting on behalf of the Service Provider. The Service Provider shall accept responsibility for the negligent acts or omissions on the part of its employees, and or persons acting on behalf of the service provide in the operation of said vehicle. The Service Provider shall keep all Government Owned Vehicles vehicle in the same condition as received except for normal wear and tear, and mileage. In order for the ICE EI Paso Field Office to maintain accurate fleet records the Service Provider shall complete all required monthly documentation in accordance with the Fleet Management Handbook and submit the aforementioned documention to the COR and the Field Office Fleet Manager at the end of each month. The Service Providershall report vehicle damages immediately to the COR. Repair estimates will be accomplished in accordance with established ICE current Fleet Management Handbook. The Service Provider shall maintain buses in accordance with vehicle maintenance schedule established by ICE. The Service Provider is responsible for emptying the toilets and cleaning the interior of the vehicles after each run. The Service Providershall establish and maintain an ICE approved routine cleaning schedule. c. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government The Government will furnish the following property at no cost to the Service Provider: I. II. III. XII. Copies of the detention standards cited in the PWS and one copy of all pertinent operational manuals prior to starting work under the contract. The Service Provider shall be responsible to duplicate these standards for Service Provider employees. Administrative forms, Equal Employment Opportunity, Occupational Safety and Health Administration, Service Contract Act, Drug Free Posters, and DHS OIG hotline poster, as required in this contract. As applicable DHS work orders will be issued to the Service Provider via DHS Form 1-203, Order to Detain or Release Alien. ICE office space equipment, such as, but not limited to: office telephones, copying machines, fax machines, computer equipment, and typewriters for Government use. The Government shall be responsible for installation of conduit and data lines within the dedicated Government office space, to include the ICE and EOIR administrative phone system. FIREARMS I BODY ARMOR A. Firearms Requirements 1. The Service Provider shall provide new firearms and maintain sufficient licensed firearms and ammunition to equip each armed Detention Officer and armed supervisor(s) with a licensed weapon while on duty. Firearms may be reissued to new replacement employees throughout the life of the contract as long as the firearm is in serviceable condition. 2. Personal firearms shall not be used. A licensed gunsmith ( or certified armorer that is licensed to certify and inspect weapons for safety and accuracy) shall certify, in writing, all firearms safe and accurate. 3. Firearms shall be standard police service-type, semi-automatic or revolvers capable of firing hollow-point ammunition that meets the recommendations of the firearms manufacturer. Ammunition will be factory load only - no reloads. The Service Provider shall adhere to the manufacturer's specifications regarding ammunition retention, e.g., ammunition shall be properly rotated and older ammunition utilized prior to utilization of newer ammunition. 4. The Service Provider shall provide sufficient ammunition for each armed Detention Officer, including uniformed contract supervisor(s); they shall be issued three full magazines. 5. The Service Provider shall account for all firearms and ammunition daily. 6. If any weapons or ammunition are missing from the inventory, the COR shall be notified immediately. 7. All firearms shall be licensed by the State. 8. Firearms will be inspected. This shall be documented by the Warden/Facility Director. 9. Loading, unloading, and cleaning of the firearms shall only take place in designated areas. 10. The firearms shall be cleaned and oiled as appropriate to ensure optimum operating conditions. 11. Firearms shall be carried with the safety on, if applicable, without a round in the chamber. 12. The Service Provider shall maintain appropriate and ample supplies of firearms upkeep and maintenance equipment (cleaning solvents, lubricating oil, rods, brushes, patches, and other normal maintenance tools). 13. The Service Provider shall provide a complete listing of licensed firearms by serial numbers and by each safe location to the COR prior to beginning performance under this contract. 14. These lists shall be kept current through the terms of the contract and posted within each firearm's safe. 15. The Service Provider shall obtain and maintain on file appropriate State and municipality permits and weapons permits for each officer. 16. A copy of this permit shall be provided to the COR at least three working days prior to the anticipated assignment date of any individual. 17. The Service Provider shall ensure that his/her employees have all permits and licenses in their possession at all times while in performance of this contract. 18. The Service Provider shall provide safes/vaults for storage of firearms and ammunition, for each location where firearms are issued or exchanged, which meet agency requirements and are approved for the storage of firearms and ammunition. 19. The COR is responsible for approving the proposed safes/vaults prior to usage. Contract supervisors and guards shall make accurate receipt and return entries on a Firearms and Equipment Control Register. 20. Except when issuing or returning ammunition or firearms, each safe/vault shall remain locked at all times. 21. The Service Provider shall be responsible for having the combination of each safe/vault changed at least once every six months, or more often if circumstances warrant. 22. The Service Provider certifies firearms training to the COR. 23. The Service Provider shall certify proficiency every quarter. 24. The Service Provider shall provide an ICE approved intermediate weapon(s). Be Body Armor Requirements 1. The Service Provider shall provide body armor to all armed Detention Officers and armed supervisor(s). 2. Body armor shall be worn while on armed duty. 3. The body armor shall meet all requirements as set forth in the ICE Firearms Policy. 4. The Service Provider shall procure replacement body armor if the body armor becomes unserviceable, ill-fitting, worn/damaged, or at the expiration of service life. 5. All armed Detention Officers and armed supervisors need to be made aware of the health risks associated with the wearing of body armor in high heat/high humidity conditions and/or during strenuous exertion. When Detention Officers and supervisors are required to wear body armor, they shall be provided opportunities to rehydrate and remove the body armor as necessary. 6. The use of personally owned body armor is not authorized. QUALITY ASSURANCE SURVEILLANCE PLAN 1. INTRODUCTION ICE's Quality Assurance Surveillance Plan (QASP) is based on the premise that the Service Provider, and not the Government, is responsible for the day-to-day operation of the Facility and all the management and quality control actions required to meet the terms of the Agreement. The role ofthe Government in quality assurance is to ensure performance standards are achieved and maintained. The Service Provider shall develop a comprehensive program of inspections and monitoring actions and document its approach in a Quality Control Plan (QCP). The Service Provider's QCP, upon approval by the Government, will be made a part of the resultant Agreement. This QASP is designed to provide an effective surveillance method to monitor the Service Provider's performance relative to the requirements listed in the Agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the Service Provider is required to furnish. This QASP is based on the premise the Government will validate that the Service Provider is complying with ERa-mandated quality standards in operating and maintaining detention facilities . Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the Service Provider and use of an approved QCP will ensure that the Facility is operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment A): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE 2011 Performance Based National Detention Standards (PBNDS). The PRS identifies performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by ICE when conducting quality assurance surveillance to guide them through the inspection and review processes. Functional Area : A logical grouping of performance standards. Contracting Officer's Technical Representative (COTR): The COTR interacts with the Service Provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the Agreement. The Contracting Officer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. Performance Standards: The performance standards are established in the ERa ICE 2011 PBNDS at http://www.ice.gov/detention-standards/2011 as well as the ACA standards for ALDF. Other standards may also be defined in the Agreement. 1 Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by ICE to meet the performance standard. Withholding: Amount of monthly invoice payment withheld pending correction of a deficiency. See Attachment A for information on the percentages of an invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COTR and Contracting Officer confirm resolution or correction, and should be included in the next month's invoice. Deduction: Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur. The Service Provider will be notified immediately if such a situation arises. The Contracting Officer in consultation with the ERO will determine the amount of the deduction. Amounts deducted are not recoverable. 4. QUALITY CONTROL PLAN The Service Provider shall develop, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See Attachment A for a summary list of performance requirements.) Such reviews shall be performed by the Service Provider to validate its operations, and assure ICE that the services meet the performance standards. The Service Provider's QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by ERO. The reports and other results generated by the Service Provider's QCP activities should be provided to the COTR as requested. The frequency and type of the Service Provider's reviews should be consistent with what is necessary in order to ensure compliance with the performance standards. The Service Provider is encouraged not to limit its inspection to only the processes outlined in the 2011 PBNDS; however, certain key documents shall be produced by the Service Provider to ensure that the services meet the performance standards. Some of the documentation that shall be generated and made available to the COTR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The Service Provider shall develop and implement a program that addresses the specific requirement of each standard and the means it will use to document compliance. • Written policies and procedures to implement and assess operational requirements of the standard • Documentation and record keeping to ensure ongoing operational compliance with the standards (e.g.; inventories, logbooks, register of receipts, reports, etc.) • Staff training records • Contract discrepancy reports (CDRs) • Investigative reports 2 .. Medical records .. Records of investigative actions taken " Equipment inspections " System tests and evaluation S. METHODS OF SURVEILLANCE ICE will monitor the Service Provider's compliance with the Performance Standards using a variety of methods. All facilities will be subject to a full annual inspection, which will include a review of the Service Provider's QCP activities. In addition, ICE may conduct additional routine, follow-up, or unscheduled ad hoc inspections as necessary (for instance, as a result of unusual incidents or data reflected in routine monitoring). ICE may also maintain an on-site presence in some facilities in order to conduct more regular or frequent monitoring. Inspections and monitoring may involve direct observation of facility conditions and operations, review of documentation (including QCP reports), and/or interviews of facility personnel and detainees. S.l Documentation Requirements: The Service Provider shall develop and maintain all documentation as prescribed in the PBNDS (e.g., post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the Service Provider shall also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The Government may review 100% of the documents, or a representative sample, at any point during the period of performance. 6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each functional area represents a proportionate share (i.e., weight) of the monthly invoice amount payable to the Service Provider based on meeting the performance standards. Payment withholdings and deductions will be based on these percentages and weights applied to the overall monthly invoice. ICE may, consistent with the scope the Agreement, unilaterally change the functional areas and associated standards affiliated with a specific functional area. The Contracting Officer will notify the Service Provider at least 30 calendar days in advance of implementation of the new standard(s). If the Service Provider is not provided with the notification, adjustment to the new standard shall be made within 30 calendar days after notification. If any change affects pricing, the Service Provider may submit a request for equitable price adjustment in accordance with the "Changes" clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the Service Provider, so long as the standards are not more stringent than those being replaced. 7. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the Service Provider to receive full payment as identified in the Agreement. The Contracting Officer may take withholdings or deductions against the monthly invoices for unsatisfactory performance documented through surveillance of the Service Provider's activities gained through site inspections, reviews of documentation (including monthly QCP reports), interviews and other 3 feedback. As a result of its surveillance, the Service Provider will be assigned the following rating relative to each performance standard: Rating Description Acceptable Based on the measures, the performance standard is demonstrated. Based on the measures, compliance with most of the Deficient attributes of the performance standard is demonstrated or observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard's attributes are not met. Using the above standards as a guide, the Contracting Officer will implement adjustments to the Service Provider's monthly invoice as prescribed in Attachment A. Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. "withholds") amounts from the Service Provider's monthly invoice. This may happen when a significant event occurs, when a particular deficiency is noted multiple times without correction, or when the Service Provider has failed to take timely action on a deficiency about which he was properly and timely notified. The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event, or may continue until the Service Provider has either corrected the deficiency, or made substantial progress in the correction. Further, a deficiency found in one functional area may tie into another. If a detainee escaped, for example, a deficiency would be noted in "Security," but may also relate to a deficiency in the area of "Administration and Management." In no event will the withhold or deduction exceed 100% of the invoice amount. 8. NOTIFICATIONS (a) Based on the inspection of the Service Provider's performance, the COTR will document instances of deficient or at-risk performance (e.g., noncompliance with the standard) using the CDR located at Attachment B. To the extent practicable, issues should be resolved informally, with the COTR and Service Provider working together. When documentation of an issue or deficiency is required, the procedures set forth in this section will be followed. (b) When a CDR is required to document performance issues, it will be submitted to the Service Provider with a date when a response is due. Upon receipt of a CDR, the Service Provider shall immediately assess the situation and either correct the deficiency as quickly as possible or prepare a corrective action plan. In either event, the Service Provider shall return the CDR with the action planned or taken noted. After the COTR reviews the Service Provider's response to the CDR including its planned remedy or corrective action taken, the COTR will either accept the plan or correction or reject the correction or plan for revision and provide an 4 explanation. This process should take no more than one week. The CDR shall not be used as a substitute for quality control by the Service Provider. (c) The COTR, in addition to any other designated ICE official, shall be notified immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances, or protests); staffuse of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff or detainees resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; 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 significant publicity; adverse weather (e.g., hurricanes, floods, ice or snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; significant environmental problems that impact the Facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed. (d) If the COTR concludes that the deficient or at-risk performance warrants a withholding or deduction, the COTR will include the CDR in its monthly report, with a copy to the Contracting Officer. The CDR will be accompanied by the COTR's investigation report and written recommendation for any withholding. The Contracting Officer will consider the COTR's recommendation and forward the CDR along with any relevant supporting information to the Service Provider in order to confirm or further discuss the prospective cure, including the Government's proposed course of action. As described in section 7 above, portions of the monthly invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken. (e) Following receipt of the Service Provider's notification that the correction has been made, the COTR may re-inspect the Facility. Based upon the COTR's findings, he or she will recommend that the Contracting Officer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as final and release the full amount withheld for that issue. (f) If funds have been withheld and either the Government or the Service Provider terminates the Agreement, those funds will not be released. The Service Provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the Service Provider is not relieved of full performance of the required services hereunder; the Agreement may be terminated upon adequate notice from the Government based upon any one instance, or failure to remedy deficient performance, even if a deduction was previously taken for any inadequate performance. (g) The COTR will maintain a record of all open and resolved CDRs. 5 9. DETAINEE OR MEMBER OF THE PUBLIC COMPLAINTS The detainee and the public are the ultimate recipients of the services identified in this Agreement. Any complaints made known to the COTR will be logged and forwarded to the Service Provider for remedy. Upon notification, the Service Provider shall be given a prespecified number of hours after verbal notification from the COTR to address the issue. The Service Provider shall submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the Service Provider shall document its findings and notify the COTR. 10. ATTACHMENTS A. Performance Requirements Summary B. Contract Discrepancy Report 6 Attachment A - Performance Requirements Summary FUNCTIONAL AREA! WEIGHT Safety (20%) Addresses a safe work environment for staff, volunteers, contractors and detainees PERFORMANCE STANDARD (PBNDS 2011) PBNDS References: Part 1 - SAFETY 1.1 Emergency Plans; 1.2 Environmental Health and Safety; 1.3 Transportation (by Land). Security (20%) Addresses protection of the community, staff, contractors, volunteers and detainees from harm PBNDS References: Part 2 SECURITY 2.1 Admission and Release; 2.2 Classification System; 2.3 Contraband; 2.4 Facility Security and Control; 2.5 Funds and Personal Property; 2.6 Hold Rooms in Detention Facilities; 2.7 Key and Lock Control; 2.8 Population Counts; 2.9 Post Orders; 2.10 Searches of Detainees; 2.11 Sexual Abuse and Assault Prevention and Intervention; 2.12 Special Management Units; 2.13 Staff-Detainee Communication; 2.14 Tool Control; 2.15 Use of Force and Restraints. PBNDS Reference: Part 3 - ORDER 3.1 Disciplinary System. Order (10%) Addresses contractor responsibility to maintain an orderly environment with clear expectations of behavior and systems of accountability Care (20%) Addresses contractor responsibility to provide for the basic needs and personal care of detainees Activities (10%) Addresses contractor responsibilities to reduce the negative effects of confinement Justice (10%) Addresses contractor responsibilities to treat detainees fairly and respect their legal rights PBNDS References: Part 4 - CARE 4.1 Food Service; 4.2 Hunger Strikes; 4.3 Medical Care; 4.4 Personal Hygiene; 4.5 Suicide Prevention and Intervention; 4.6 Terminal Illness, Advanced Directives, and Death. PBNDS References: Part 5 ACTIVITIES 5.1 Correspondence and Other Mail; 5.2 Escorted Trips for Non-Medical Emergencies; 5.3 Marriage Requests; 5.4 Recreation; 5.5 Religious Practices; 5.6 Telephone Access; 5.7 Visitation; 5.8 Voluntmy Work Program. PBNDS References: Part 6 - JUSTICE 6.1 Detainee Handbook; 6.2 Grievance System; 6.3 Law Libraries and Legal Materials; 6.4 Legal Rights Group Presentations. A-I WITHHOLDING CRITERIA A Contract Discrepancy Report that cites violations of cited PBNDS and PWS (contract) sections that provide a safe work environment for staff, volunteers, contractors and detainees, permits the Contract Officer to withhold or deduct up to 20% of a month invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that protect the community, staff, contractors, volunteers, and detainees from harm, permits the Contract Officer to withhold or deduct up to 20% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that maintain an orderly environment with clear expectations of behavior and systems of accountability permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard of section. A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that provide for the basic needs and personal care of detainees, permits the Contract Officer to withhold or deduct up to 20% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that reduce the negative effects of confinement permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that treat detainees fairly and respect their legal rights, permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. Attachment A - Performance Requirements Summary FUNCTIONAL AREA! WEIGHT Administration and Management (10%) Addresses contractor responsibilities to administer and manage the facility in a professional and responsible manner consistent with legal requirements PERFORMANCE STANDARD (pBNDS 2011) PBNDS References: Part 7 - -ADMIN & MANAGEMENT 7.1 Detention Files; 7.2 News Media Interviews and Tours; 7.3 Staff Training; 7.4 Transfer of Detainees; Workforce Integrity (10%) Addresses the adequacy of the detentionlconectional officer hiring process, staff training and licensing/certification and adequacy of systems Staff Background and Reference Checks (Contract) 4-ALDF -7B-03 Detainee Discrimination (10%) Addresses the adequacy of policies and procedures to prevent discrimination against detainees based on their gender, race, religion, national origin, or disability Accommodations for the Disabled, 4ALDF-6B-04,4-ALDF-6B-07 Staff Misconduct 4-ALDF-7B-Ol Staffing Pattern Compliance within 10% of required (Contract) 4-ALDF2A-14 Staff Training, Licensing, and Credentialing (Contract) 4-ALDF-4DOS, 4-ALDF-7B-05, 4-ALDF-7B-08 Discrimination Prevention 4-ALDF-6B02-03 A-2 WITHHOLDING CRITERIA A Contract Discrepancy Report that cites violations ofPBNDS and PWS (contract) sections that require the Contractor's administration and management of the facility in a professional and responsible manner consistent with legal requirements, permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy Report that cites violations of the ALDF Standards associated with Workforce Integrity and PWS (contract) sections permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. A Contract Discrepancy RepOlt that cites violations of the ALDF Standards associated with Detainee Discrimination and PWS (contract) sections permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. Attachment B - Contract Discrepancy Report 1. CONTRACT NUMBER CONTRACT DISCREPANCY REPORT Date: Report Number: 3. FROM: (Name ofCOTR) 2. TO: (Contractor and Manager Name) DATES CONTRACTOR NOTIFICATION I CON1RACTOR RESPONSE DUE RETURNED BY CON1RACTOR ACTION COMPLETE BY 4. DISCREPANCY OR PROBLEM (Describe in Detail: Include reference in PWS / Directive: Attach continuation sheet ifnecessary.) 5. SIGNATURE OF CON1RACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) 7. FROM: (Contractor) 6. TO: (COTR) 8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IF NECESSARY. (Cite applicable Q.A. program procedures or new A. W. procedures.) 9. SIGNATORE OF CONTRACTOR REPRESENTATIVE 10. DATE II. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSE/RESOLUTION PLAN: (Acceptable response/plan, partial acceptance of response/plan, rejection: attach continuation sheet ifnecessmy) 12. GOVERNMENT ACTIONS (Payment withholding, cure notice, show cause, other.) CLOSE OUT NAME AND TITLE SIGNATURE CON1RACTOR NOTIFIED COTR CONTRACTING OFFICER B-1 DATE Attachment 8 L. .! Department of Homeland Securityl Immigration and Customs Enforcement OFFICIAL DETAIL 0(1) Day Shift o (2) Swing Shift o (3) Graveyard Shift Location: CC(COTR): Vehicle # --------------------------------------------------------------------------------------------- ------------------------------------ - To: (Immigration Enforcement Agent) Ordered to Escort Alien(s): Attach a list of all detainees including A#'s * * * Use of proper restraints in accordance to current restraint policy * * * Beginning at: DAM Dp M on You are directed to perform the escort duties in the case of the above alien(s) as follows: Pick Up at: Deliver to: Other - - Check out at Desk and check ENFORCE, Databases am:lI-216. Ensure that you have all Detainee MONI;Y AND PROPERTY Upon conclusion of this detail, you will complete your report in the spaces provided below and account for all time, which is chargeable to it, returning this Order to this office immediately. Signature of Supervisor: Print orType Name: Report Date: Time Accounting: EOD For this detail at: I herby certify I have complied with the above Order exactly as directed. If not, explain exceptions below: Returned from Detail at: A.M. P.M. A.M . P.M . Time Charged to: Conveyance, Productive: Hours Conveyance, Lost Time : Hours Total hours for this detail: Hours Signature of Escorting Agent('s): Print orType Name: G-391 OFFICIAL DETAIL FORM. Generic Version.01·01·2011 Page 1 Attachment 8 Time Mileage Destination Depart: Arrive: Depart: Arrive : Depart: Arrive: ------- -- - - - - ------------- Depart: _ _ _ _ __ Arrive: Depart: Arrive: Depart: Arrive: - - - -- - - - - - - -- ------------- Depart: _ _ _ __ _ Arrive : Total Time Used: Total Mileage: Hours Miles Comments G-39 1 OFFICIAL DETAIL FORM_ Generic Vers ion_01-01-20 11 Page 2 Attachment 8 Date: Circle Shift # Fleet#: 123 Agent's Signature: Print or Type Name & Badge #: ------------------- ------------------------------ Starting Mileage: Ending Mileage: Gallons Purchased Cost Quantity Purchased Cost --------- - - -- -- - -- FUEL: OK Needed 0 0 Oil Level Checked 0 0 Transmission Fluid 0 0 Coolant 0 0 Tires 0 0 Spare Tire 0 0 Undercarriage / Body (If damaged, describe below) 0 0 Jack / Tire Irons 0 0 Emergency Kit (Triangles, First Aid Kit, Fire Extinguisher) 0 0 Cleanliness 0 0 Restraints Inside D Outside D - _.-=---- "'2 1. 2. 3. 4. 5. G-391 OFFICIAL DETAIL FORM_ Generic Version_01-01-2011 Page 3 ... Attachment 8 YES Interior inspection of detainee seating area completed? 1'--__----"'--__-' YES Exterior inspection completed? NO 1'--___'--__-' YES Driver Compartment cleared of trash, beverage and food containers? NO NO 1'--___'--__-----' Fuel Level (E - - - - - - - - F) Draw a line (above) at the current fuel level of the vehicle Signature of Inspecting lEA: Print or Type Name & Badge #: Signature of Reviewing SIEA: Print or Type Name & Badge #: ------------------- ------------------- G-391 OFFICIAL DETAIL FORM_ Generic Ve rsion_01-01 -2011 Date: Date: Page 4 Attachment 8 Date: Circle Shift # Fleet# ----------------1 2 3 ------------------- Starting Mileage: --------------- Ending Mileage: Agent's Signature: Print or Type Name & Badge #: Gallons Purchased Cost Quantity Purchased Cost FUEL: OK Needed 0 0 Oil Level Checked 0 0 Transmission Fluid 0 0 Coolant 0 0 Tires 0 0 Spare Tire 0 0 Undercarriage I Body (If damaged, describe below) 0 0 Jack I Tire Irons 0 0 Emergency Kit (Triangles, First Aid Kit, Fire Extinguisher) 0 0 Cleanliness 0 0 Restraints Inside 0 Outside 0 1. 2. 3. 4. 5. G-391 OFFIC IAL DETAIL FORM_ Generic Version_01-01-2011 Page 5 Attachment 9 U.S. Department of Homeland Security 801 I Street, NW, Suite 9 10-10 Washington, D.C. 20536 HOLD HARMLESS AND INDEMNITY AGREEMENT BETWEEN ~~_ _ AND THE U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (referred to Agreement made this day of , 20_, between herein as ""Contractor") and the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ("ICE"). 1. Driver of Vehicle. The ICE Vehicle(s) may be driven only by designated employees of the Contractor. The Contractor shall ensure, and assumes the duty, that all its drivers of ICE Vehicles will meet all medical and legal requirements for driving, including that the driver will : (a) be over 21 years of age, unless a state law prohibits setting an age requirement; (b) be a CDL qualified and licensed driver; (c) be a driver whose driver's license, in any state, has not been revoked or suspended within the previous three (3) years, even if he or she now possesses a valid driver's license; (d) not operate the vehicle under the influence of alcohol or other intoxicants, such as drugs or narcotics, or under any other physical or mental impairment which adversely affects driver's ability to operate the ICE Vehicle; and (e) not carry more passengers than available seatbelts. 2. Return of Vehicle. The ICE Vehicle shall be returned to ICE, in the same condition as when received, ordinary wear and tear expected . The Contractor will perform any cleaning or repairs necessary to return the ICE Vehicle to the required condition . The determination as to the condition of the vehicle shall be made solely by ICE. The amount of time the Contractor can use an ICE Vehicle shall be determined by ICE. 3. Self-Insured : The Contractor, , is self-insured . The Contractor agrees to cover any damages to the ICE Vehicle or to other parties for the negligence of its employees driving ICE Vehicles. The Contractor agrees to cooperate with ICE if any claim is made, and to cooperate with ICE in any investigation involving an ICE Vehicle which was driven by a Contractor employee or sub-contractor. 4. Other Liability. The Contractor assumes all risks from the use of the ICE Vehicle. The Contractor is responsible for damages to the Contractor's property or goods left or stored in the ICE Vehicle. The Contractor agrees not to hold ICE liable for damage from downtime, materials, or other consequential damages resulting from the use of the ICE Vehicle. The Contractor releases and holds ICE, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs, and expenses arising out of the Contractor's use or possession of the vehicle, including, but not limited to, any and all fines, penalties, and forfeitures imposed by any governmental entity and , to the extent not covered by insurance. The Contractor shall additionally hold ICE harmless for all loss, liability, and expense in excess of the limits of liability provided for herein as a result of injury, death, or property damage arising out of the Contractor's use of the vehicle. Neither the Contractor nor any other driver of the ICE Vehicle shall be deemed the agent, servant, or employee of ICE for any reason or any purpose. Attachment 9 5. Accidents. The Contractor will immediately report any accidents or damage to the vehicle and shall deliver to ICE any document received by the Contractor relating to any claim, suit, or proceeding connected with any accident or event involving the vehicle. 6. Warranty Disclaimer. ICE disclaims any and all warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing, or usage of trade. Furthermore and specifically, ICE does not warrant and specifically disclaims any warranty that an ICE Vehicle will always be available for your use and that an ICE Vehicle will be without need of repair or in good working order. ICE does not warrant the actions or omissions of a manufacturer or repairer of the ICE vehicle. 7. Indemnification of ICE. The Contractor shall indemnify, defend and hold harmless ICE, and its officers, agents, employees, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys' fees) incurred or to be incurred, arising out of or resulting from, your operation of the ICE Vehicle. SERVICE PROVIDER Name Signature Date; IMMIGRATION AND CUSTOMS ENFORCEMENT Name Signature Date: ICE Contracting Officer Attachment 10 Listing of 2011 Performance Eased Detention Standards (PENDS) Modifications Included in EROIGSA-14-0001 VISITATION III III The Visitation offering requirement has been amended so that the Service Providers proposal to provide visitation in a manner that makes visitation available from 0800 to 2000 daily with one hour non-contact visits regardless of the detainees name is acceptable. Additionally, the Service Provider shall accommodate the scheduling needs of visitors for whom scheduled visiting hours pose a hardship, such as by authorizing special visits for family visitors. WIRELESS HEADSETS FOR TELEVISION VIEWING • ICE waived the requirement for wireless headsets. RECREATION • • ICE waived the 4 hour requirement optimal standard on outdoor recreation and required acpc to offer only 2 hours outdoor recreation. ICE waived the requirement that detainees in indoor recreation areas are required to have access to natural light. Page 1 of 10 WD 05-251 1 (Rev.- 17) was first poste d on www.w dol.go v on 06/25 /2013 ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** **** REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direc tion of the Secre tary of Labor WAGE AND HOUR DIVISI ON WASHINGTON D.C. 20210 Diane C. Kople wski Direc tor Divis ion of Wage Deter minat ions I State s: New Mexic o, Texas I Wage Deter minat ion No.: 2005- 2511 Revis ion No.: 17 Date Of Revis ion: 06/19 /2013 Area: New Mexic o Count ies of Chave s, Dona Ana, Eddy, Grant , Hidal go, Linco ln, Luna, Otero , Sierr a Texas Count ies of Culbe rson, El Paso, Hudsp eth **Frin ge Benef its Requi red Follow the Occup ationa l Listin g** OCCUPATION CODE - TITLE FOOTNOTE 01000 - Admi nistra tive Suppo rt And Cleri cal Occup ations 01011 - Accou nting Clerk I 01012 Accou nting Clerk II 01013 Accou nting Clerk III 01020 Admi nistra tive Assis tant 01040 Court Repor ter 01051 Data Entry Opera tor I 01052 Data Entry Opera tor II 01060 - Dispa tcher, Motor Vehic le 01070 - Docum ent Prepa ration Clerk 01090 Dupli cating Machi ne Opera tor 01111 Gener al Clerk I 01112 - Gener al Clerk II 01113 - Gener al Clerk III 01120 - Housi ng Refer ral Assis tant 01141 - Messe nger Couri er 01191 - Order Clerk I 01192 - Order Clerk II 01261 - Perso nnel Assis tant (Emplo yment) I 01262 - Perso nnel Assis tant (Emplo yment) II 01263 - Perso nnel Assis tant (Emplo yment) III 01270 - Produ ction Contr ol Clerk 01280 - Recep tionis t 01290 - Renta l Clerk 01300 - Sched uler, Maint enanc e 01311 - Secre tary I 01312 - Secre tary II 01313 - Secre tary III 01320 - Servi ce Order Dispa tcher 01410 - Suppl y Techn ician 01420 - Surve y Worke r 01531 - Trave l Clerk I 01532 - Trave l Clerk II 01533 - Trave l Clerk III 01611 - Word Proce ssor I 01612 - Word Proce ssor II 01613 - Word Proce ssor III 05000 - Autom otive Servi ce Occup ations 05005 - Autom obile Body Repai rer, Fiber glass http://www. wdol.gov/wdol/scafiles/std/05-251l.txt?v= 17 RATE 12.78 14.46 16.18 17.66 15.70 9.57 10.56 13.41 11.19 11.19 9.61 10.49 11.77 14.98 8.76 10.48 11. 44 12.80 14.44 15.99 16.69 9.47 10.50 12.00 12.01 13.43 14.98 11.77 17.23 13.70 11.16 12.20 13 .00 12.87 14.45 16.16 16.41 1')/1 J nOl '1 Page 2 of 10 05010 - Autom otive Elect rician 05040 - Autom otive Glass Insta ller 05070 - Autom otive Worke r 05110 - Mobil e Equip ment Servi cer 05130 - Motor Equip ment Metal Mecha nic 05160 - Motor Equip ment Metal Worke r 05190 - Motor Vehic le Mecha nic 05220 - Motor Vehic le Mecha nic Helpe r 05250 - Motor Vehic le Upho lstery Worke r 05280 - Motor Vehic le Wreck er 05310 - Paint er, Autom otive 05340 - Radia tor Repai r Spec ialist 05370 - Tire Repai rer 05400 - Trans missio n Repai r Spec ialist 07000 - Food Prepa ration And Servi ce Occup ations 07010 - Baker 07041 - Cook I 07042 - Cook II 07070 - Dishw asher 07130 - Food Servi ce Worke r 07210 - Meat Cutte r 07260 - Waite r/Wai tress 09000 - Furni ture Maint enanc e And Repai r Occup ations 09010 - Elect rosta tic Spray Paint er 09040 - Furni ture Handl er 09080 - Furni ture Refin isher 09090 - Furni ture Refin isher Helpe r 09110 - Furni ture Repai rer, Minor 09130 - Upho lstere r 11000 - Gener al Servi ces And Suppo rt Occup ations 11030 - Clean er, Vehic les 11060 - Eleva tor Opera tor 11090 - Garde ner 11122 - House keepin g Aide 11150 - Janit or 11210 - Labor er, Groun ds Maint enanc e 11240 - Maid or Housem an 11260 - Prune r 11270 - Tract or Opera tor 11330 - Trail Maint enanc e Worke r 11360 - Window Clean er 12000 - Healt h Occup ations 12010 - Ambu lance Drive r 12011 - Breat h Alcoh ol Techn ician 12012 - Certi fied Occup ationa l Thera pist Assis tant 12015 - Certi fied Physi cal Thera pist Assis tant 12020 - Denta l Assis tant 12025 - Denta l Hygie nist 12030 - EKG Techn ician 12035 - Elect roneu rodia gnost ic Techn ologis t 12040 - Emerg ency Medic al Techn ician 12071 - Licen sed Pract ical Nurse I 12072 - Licen sed Pract ical Nurse II 12073 - Licen sed Pract ical Nurse III 12100 - Medic al Assis tant 12130 - Medic al Labor atory Techn ician 12160 - Medic al Recor d Clerk 12190 - Medic al Recor d Techn ician 12195 - Medic al Trans cripti onist 12210 - Nucle ar Medic ine Techn ologis t http://www.wdol.gov/wdol/scafiles/std/05-2511.txt?v=17 15.40 14.37 14.37 12.32 16.41 14.37 17.31 11. 29 13.34 14.37 15.40 14 .37 11.33 16.41 10.51 9.61 11. 41 7.37 8.06 11. 04 7.30 15.73 8.80 15.73 11. 05 13.15 15.73 8.07 8.07 12.04 9.02 9.02 9.02 7.74 7.79 11. 51 9.02 10.45 12.83 14.94 22.21 21. 09 12.61 27.43 25.42 25.42 12.83 16.95 18.96 21.15 10.86 13.77 13.27 14.84 14.31 33.37 1211112013 Page 3 of 10 12221 - Nursin g Assis tant I 12222 - Nursin g Assis tant II 12223 - Nursin g Assis tant III 12224 - Nursin g Assis tant IV 12235 - Optic al Dispe nser 12236 - Optic al Techn ician 12250 - Pharm acy Techn ician 12280 - Phleb otomi st 12305 - Radio logic Techn ologis t 12311 - Regis tered Nurse I 12312 - Regis tered Nurse II 12313 - Regis tered Nurse II, Spec ialist 12314 - Regis tered Nurse III 12315 - Regis tered Nurse III, Anes thetis t 12316 - Regis tered Nurse IV 12317 - Sched uler (Drug and Alcoh ol Testin g) 13000 - Inform ation And Arts Occup ations 13011 - Exhib its Spec ialist I 13012 - Exhib its Spec ialist II 13013 - Exhib its Spec ialist III 13041 - Illus trato r I 13042 - Illus trato r II 13043 - Illus trato r III 13047 - Libra rian 13050 - Libra ry Aide/ Clerk 13054 - Libra ry Inform ation Techn ology System s Admi nistra tor 13058 - Libra ry Techn ician 13061 - Media Spec ialist I 13062 - Media Spec ialist II 13063 - Media Spec ialist III 13071 - Photo graph er I 13072 - Photo graph er II 13073 - Photo graph er III 13074 - Photo graph er IV 13075 - Photo graph er V 13110 - Video Telec onfer ence Techn ician 14000 - Inform ation Techn ology Occup ations 14041 - Compu ter Opera tor I 14042 - Comp uter Opera tor II 14043 - Comp uter Opera tor III 14044 - Comp uter Opera tor IV 14045 - Compu ter Opera tor V 14071 - Comp uter Progra mmer I 14072 - Comp uter Progra mmer II 14073 - Comp uter Progra mmer III 14074 - Comp uter Progra mmer IV 14101 - Compu ter System s Analy st I 14102 - Comp uter System s Analy st II 14103 - Comp uter System s Analy st III 14150 - Perip heral Equip ment Opera tor 14160 - Perso nal Comp uter Suppo rt Techn ician 15000 - Instru ction al Occup ations 15010 - Aircre w Train ing Devic es Instru ctor (NonRated) 15020 - Aircre w Train ing Devic es Instru ctor (Rated ) 15030 - Air Crew Train ing Devic es Instru ctor (Pilot ) 15050 - Compu ter Based Train ing Spec ialist / Instru ctor 15060 - Educa tional Techn ologis t 15070 - Fligh t Instru ctor (Pilot ) 15080 - Graph ic Artis t http://www.wdol.gov/wdol/scafiles/stdl05-2511.txt?v=17 9.26 10.41 11.36 12.75 11. 21 9.30 13.41 13.52 23.81 23.99 28.64 28.64 34.65 34.65 41.55 21. 37 19.15 23.08 27.03 19.15 23.08 27.03 24.46 11. 49 22.09 17.24 15.83 17.83 19.88 12.93 16.45 20.57 24.45 27.88 14.70 (see (see (see (see (see (see (see 1) 1) 1) 1) 1) 1) 1) 13.67 15.46 17.25 19.17 21. 22 21. 43 26.56 13.67 22.41 26.13 32.14 37.89 26.13 32.13 37.89 19.52 12111120 Page 4 of 10 15090 15095 15110 15120 16000 16010 16030 16040 16070 16090 16110 16130 16160 16190 16220 16250 19000 19010 19040 21000 21020 21030 21040 21050 21071 21080 21110 21130 21140 21150 21210 21410 23000 23010 23021 23022 23023 23040 23050 23060 23080 23110 23120 23125 23130 23140 23160 23181 23182 23183 23260 23290 23310 23311 23312 23370 23380 23381 23382 23391 - Technical Instructor - Technical Instructor/Course Developer - Test Proctor - Tutor Laundry, Dry-Cleaning, Pressing And Related Occupations - Assembler - Counter Attendant - Dry Cleaner - Finisher, Flatwork, Machine - Presser, Hand - Presser, Machine, Drycleaning - Presser, Machine, Shirts - Presser, Machine, Wearing Apparel, Laundry - Sewing Machine Operator - Tailor - Washer, Machine Machine Tool Operation And Repair Occupations - Machine-Tool Operator (Tool Room) - Tool And Die Maker Materials Handling And Packing Occupations - Forklift Operator - Material Coordinator - Material Expediter - Material Handling Laborer - Order Filler - Production Line Worker (Food Processing) - Shipping Packer - Shipping/Receiving Clerk - Store Worker I - Stock Clerk - Tools And Parts Attendant - Warehouse Specialist Mechanics And Maintenance And Repair Occupations - Aerospace Structural Welder - Aircraft Mechanic I - Aircraft Mechanic II - Aircraft Mechanic III - Aircraft Mechanic Helper - Aircraft, Painter - Aircraft Servicer - Aircraft Worker - Appliance Mechanic - Bicycle Repairer - Cable Splicer - Carpenter, Maintenance - Carpet Layer - Electrician, Maintenance - Electronics Technician Maintenance I - Electronics Technician Maintenance II - Electronics Technician Maintenance III - Fabric Worker - Fire Alarm System Mechanic - Fire Extinguisher Repairer - Fuel Distribution System Mechanic - Fuel Distribution System Operator - General Maintenance Worker - Ground Support Equipment Mechanic - Ground Support Equipment Servicer - Ground Support Equipment Worker - Gunsmith I http://www.wdol.gov/wdoI/scafiles/std/05-2511.txt?v=17 18.06 22.09 14.58 14.58 7.64 7.64 9.31 7.64 7.64 7.64 7.64 7.64 9.84 10.41 8.19 15.73 20.26 10.91 16.69 16.69 9.14 10.49 10.91 10.48 10.49 8.93 12.82 10.91 10.91 26.14 23.82 26.14 27.45 16.39 18.67 19.25 20.78 16.14 11.33 21. 87 15.73 14.64 18.27 19.57 21. 02 22.67 13.46 16.62 12.26 19.79 15.20 14.64 23.82 19.25 20.78 12.26 1211112013 Page 5 of 10 23392 - Gunsmith II 23393 - Gunsmith III 23410 - Heating, Ventilation And Air-Conditioning Mechanic 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 23440 - Heavy Equipment Operator 23460 - Instrument Mechanic 23465 - Laboratory/Shelter Mechanic 23470 - Laborer 23510 - Locksmith 23530 - Machinery Maintenance Mechanic 23550 - Machinist, Maintenance 23580 - Maintenance Trades Helper 23591 - Metrology Technician I 23592 - Metrology Technician II 23593 - Metrology Technician III 23640 - Millwright 23710 - Office Appliance Repairer 23760 - Painter, Maintenance 23790 - Pipefitter, Maintenance 23810 - Plumber, Maintenance 23820 - Pneudraulic Systems Mechanic 23850 - Rigger 23870 - Scale Mechanic 23890 - Sheet-Metal Worker, Maintenance 23910 - Small Engine Mechanic 23931 - Telecommunications Mechanic I 23932 - Telecommunications Mechanic II 23950 - Telephone Lineman 23960 - Welder, Combination, Maintenance 23965 - Well Driller 23970 - Woodcraft Worker 23980 - Woodworker 24000 - Personal Needs Occupations 24570 - Child Care Attendant 24580 - Child Care Center Clerk 24610 - Chore Aide 24620 - Family Readiness And Support Services Coordinator 24630 - Homemaker 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 25040 - Sewage Plant Operator 25070 - Stationary Engineer 25190 - Ventilation Equipment Tender 25210 - Water Treatment Plant Operator 27000 - Protective Service Occupations 27004 - Alarm Monitor 27007 - Baggage Inspector 27008 - Corrections Officer 27010 - Court Security Officer 27030 - Detection Dog Handler 27040 - Detention Officer 27070 - Firefighter 27101 - Guard I 27102 - Guard II 27131 - Police Officer I 27132 - Police Officer II http://www.wdol.gov/wdollscafiles/std/05-2S11.txt?v= 17 14.64 16.96 16.12 17.24 17.80 16.96 18.50 15.73 9.14 15.73 16.96 16.31 11. 27 18.50 19.66 20.93 17.46 15.62 14.67 17.63 16.55 16.96 16.96 14.64 15.63 14.64 21. 99 23.51 19.48 16.96 16.96 16.96 12.26 8.41 10.49 8.29 11.01 12.70 19.71 17.19 18.43 12.83 17.19 15.20 10.38 18.66 18.66 14.84 18.66 19.83 10.38 14.84 21. 41 23.78 1211112013 Page 6 of 10 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 28042 - Carnival Equipment Repairer 28043 - Carnival Equpment Worker 28210 - Gate Attendant/Gate Tender 28310 - Lifeguard 28350 - Park Attendant (Aide) 28510 - Recreation Aide/Health Facility Attendant 28515 - Recreation Specialist 28630 - Sports Official 28690 - Swimming Pool Operator 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 29020 - Hatch Tender 29030 - Line Handler 29041 - Stevedore I 29042 - Stevedore II 30000 - Technical Occupations (see 30010 - Air Traffic Control Specialist, Center (HFO) (see 30011 - Air Traffic Control Specialist, Station (HFO) 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 30021 - Archeological Technician I 30022 - Archeological Technician II 30023 - Archeological Technician III 30030 - Cartographic Technician 30040 - Civil Engineering Technician 30061 - Drafter/CAD Operator I 30062 - Drafter/CAD Operator II 30063 - Drafter/CAD Operator III 30064 - Drafter/CAD Operator IV 30081 - Engineering Technician I 30082 - Engineering Technician II 30083 - Engineering Technician III 30084 - Engineering Technician IV 30085 - Engineering Technician V 30086 - Engineering Technician VI 30090 - Environmental Technician 30210 - Laboratory Technician 30240 - Mathematical Technician 30361 - Paralegal/Legal Assistant I 30362 - Paralegal/Legal Assistant II 30363 - Paralegal/Legal Assistant III 30364 - Paralegal/Legal Assistant IV 30390 - Photo-Optics Technician 30461 - Technical Writer I 30462 - Technical Writer II 30463 - Technical Writer III 30491 - Unexploded Ordnance (UXO) Technician I 30492 - Unexploded Ordnance (UXO) Technician II 30493 - Unexploded Ordnance (UXO) Technician III 30494 - Unexploded (UXO) Safety Escort 30495 - Unexploded (UXO) Sweep Personnel 30620 - Weather Observer, Combined Upper Air Or (see Surface Programs 30621 - Weather Observer, Senior (see 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 31030 - Bus Driver 31043 - Driver Courier 31260 - Parking and Lot Attendant http;llwww.wdol.gov/wdollscafiles/stdl05-2511.txt?v=17 11.64 12.69 8.45 13.37 11. 90 14.96 10.92 14.10 11. 92 16.36 17.06 17.06 17.06 15.68 18.98 2) 2) 2) 3) 35.77 24.66 27.16 18.13 20.27 25.11 25.12 19.04 15.03 16.81 19.99 26.25 15.71 17.63 20.27 24.96 29.90 36.17 19.33 19.91 24.90 16.54 20.49 25.07 30.33 22.90 26.05 31.87 38.56 22.74 27.51 32.97 22.74 22.74 19.99 3) 20.83 9.98 15.52 11.32 7.85 12/11/2013 Page 7 of 10 31290 31310 31361 31362 31363 31364 99000 99030 99050 99095 99251 99252 99310 99410 99510 99710 99711 99730 99810 99820 99830 99831 99832 99840 99841 99842 - Shuttle Bus Driver - Taxi Driver - Truckdriver, Light - Truckdriver, Medium - Truckdriver, Heavy - Truckdriver, Tractor-Trailer Miscellaneous Occupations - Cashier - Desk Clerk - Embalmer - Laboratory Animal Caretaker I - Laboratory Animal Caretaker II - Mortician - Pest Controller - Photofinishing Worker - Recycling Laborer - Recycling Specialist - Refuse Collector - Sales Clerk - School Crossing Guard - Survey Party Chief - Surveying Aide - Surveying Technician - Vending Machine Attendant - Vending Machine Repairer - Vending Machine Repairer Helper 12.39 10.33 12.39 14.19 17.82 l7.82 7.93 10.35 22.74 9.70 10.76 22.69 14.84 11. 95 11. 26 14.37 9.72 10.14 8.48 17.09 11. 84 l3.97 9.87 12.54 9.87 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING; 1) COMPUTER EMPLOYEES; Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not http://www.wdol.gov/wdol/scafiles/std/05-2S11.txt?v=17 12/11/2013 Page 8 of 10 list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing r creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C. F. R. 541. 400) . 2) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee is entitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M. at the rate of basic pay plus a night pay differential amounting to 10 percent of the rate of basic pay. 3) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives r and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. http://www.wdol.gov/wdol/scafiles/stdl05-2511.txt?v=17 12111/2013 Page 9 of 10 ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHO home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C) (vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each http://www.wdol.gov/wdol/scafiles/stdl05-2511.txt?v=17 12/1112013 Page 10 of 10 proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b) (2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. http://www.wdol.gov/wdol/scafiles/std/OS-2S11.txt?v=17 1211112013 Attachment 2 TITLE 29--LABOR PART 4_LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every contractlInter-Governmental Service Agreement (IGSA) entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to furnish services through the use of service employees: (a) Service Contract Act of 1965, as amended: This contractlIGSA is subject to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). (b)( 1) Each service employee employed in the performance of this ContractlIGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If there is such a wage determination attached to this ContractlIGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the ContractlIGSA (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (ii)Such conforming procedure shall be initiated by the contractor prior to the performance of contractlIGSA work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any ContractlIGSA work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. Page 1 of 8 Attachment 2 (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed in a wage determination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a ContractJIGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a ContractJIGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the ContractJIGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of ContractJIGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this ContractJIGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b )(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which ContractJIGSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced ContractJIGSA work shall be a violation of the Act and this contract.(vi) Upon discovery of failure to comply with paragraphs (b )(2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced ContractJIGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this ContractJIGSA is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage Page 2 of 8 Attachment 2 determinations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this ContractlIGSA shall pay any person performing work under the ContractlIGSA (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under [[Page 42]] law or ContractlIGSA for the payment of a higher wage to any employee. (2) If this ContractlIGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this ContractlIGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this ContractlIGSA shall pay any service employee performing any of the ContractlIGSA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this ContractlIGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.1 b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor ContractlIGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor ContractlIGSA was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the ContractlIGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a ContractlIGSA or subcontract. 53 Compo Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. Page 3 of 8 Attachment 2 (e) The contractor and any subcontractor under this ContractlIGSA shall notify each service employee commencing work on this ContractlIGSA of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a) (4) of the Act and of this contract. (f) The contractor or subcontractor shall not permit any part of the services called for by this ContractlIGSA to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925. (g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor: (i) Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this ContractlIGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in Paragraph (b) (2) (ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Sec. 4.6(1)(2). (2) The contractor shall also make available a copy of this ContractlIGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. Page 4 of 8 Attachment 2 (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (i) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government ContractlIGSA with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the ContractlIGSA work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. (j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. (k)(1) As used in these clauses, the term service employee means any person engaged in the performance of this ContractlIGSA other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(a) (5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the ContractlIGSA with the Government would be subject, if employed by the contracting agency, to the provisions Page 5 of 8 Attachment 2 of 5 U.S.c. 5341 or 5 U.S .c. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: Employee class GS-05 GS-07 GS-09 wage-fringe benefit $ $ $ Search current rates at http://www.opm.gov/oca/12tables/ (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the ContractllGSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of ContractllGSA performance, such agreements shall be reported promptly after negotiation thereof. (2) Not less than 10 days prior to completion of any ContractllGSA being performed at a Federal facility where service employees may be retained in the performance of the succeeding Contract/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of ContractllGSA performance. Such list shall also contain anniversary dates of employment on the ContractllGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall tum over such list to the successor contractor at the commencement of the succeeding contract. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. (n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this ContractlIGSA shall be subcontracted to any person or firm ineligible for award of a Government ContractllGSA pursuant to section 5 of the Act. Page 6 of 8 Attachment 2 (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.CO 1001, (0) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 45]] (2)(b)( 1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the ContractJIGSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be Page 7 of8 Attachment 2 credited by the employer against the minimum wage required by Section 2(a)(1) or 2(b)(1) of the Act to the extent permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. To utilize this provison: (I)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this ContractlIGSA shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] ------------------------------------------------------------------------ Paragraph OMB control number (b)(2) (i)--(iv).................................... 1215-0150 (e)................................................. 1215-0150 (g)(I) (i)--(iv) .............. ".................... 1215-0017 (g)(1) (v), (vi) ...................... "............ 1215-0150 (1) (1), (2)........................................ 1215-0150 (q)(3).............................................. 1215-0017 [48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] Page 8 of 8 SECTION I GENERAL INFORMATION d Name of Jail: Otero County Processing Center Physical Address of Jail Street: 26 McGregor Range Road City: Chaparral State: NM Zip: 88081 Phone Number: (575) 824-0440 SECTION 11- FINANCIAL DATA SUMMARY TOTAL OPERATING COST FOR JAIL: A. Time Frame (Fiscal Year) B. Total Personnel Costs (Schedule B - Part I) C. Total Personnel Benefits (Schedule B - Part II) D. Total Consultants and Contract Service (Schedule C) From: (MonthNear): ITo: (MonthNear): January 1,2014 December 31, 2018 ANNUAL COST $10,260,599.47 $2,596,841 .28 $2,146,781.59 E. Other Direct Operating Costs (Schedule D) F. Indirect Costs (Schedule E)* $13,239,329.43 $0.00 *A certified cost allocation plan must be submitted if reimbursement for indirect costs -are requested. G. Equipment Depreciation Costs (Schedule F) $0.00 H. Building Depreciation Costs (Schedule G) $0.00 I. Total Operating Costs (Sum of Schedules B-G) TOTAL ACTUAL OPERATING COST FOR PRIOR FISCAL YEAR $28,243,551.76 $29,029,882.00 CALCULATED DETAINEE PER DIEM RATE (*Total actual operating cost for prior fiscal year" divided by 365, divided by the total average daily jail population) $91.03 ** For inmate population levels 851-1,000, MTC is offering a significantly discounted per diem rate of $18.72 per inmate. At the 1,000 inmate population, the total blended per diem rate Is $80.18. .... ropC)SeiO Per Diem Rate for Detainee: ..""ironn 91.03 (Transportation) Guard Regular Rate (If ~"""'~'U~"~' 18.66 (Transportatl 27.99 Guard Overtime Rate Guard Regular ISA,TATlinnAru (If Guard Overtime Rate (If name of the government In the rate County of otero • 1101 NewVorkAve. Room 106 PHONE; (575) 439-2621 ZIP: 88310 (575) 443-2928 to certify that, to the best of my knowledge and belief. the data in Schedules B thorugh G are complete and current, and do not include any unallowable costs prohibited by OMB Circular No. A-a7 (Cost Principles for State abd Local Governments) or any cost not related to the jail facility as discussed on the Cost Sheet for Detention Services). The records of this agency are avaHable for review and audit by the authorized representative of the U.S. Government to verify any jail per diem rate negotiated. Date: Title: SCHEDULE B PART 1 ~ PERSONNEL COSTS (Direct Costs - Personnel Supporting Detention Facility) Instructions: List only those positions directly involved in jail operations and benefiting federal inmates. (A) Type of Position (examples) Annual Salary Cost (8) Full Time or Part Time (C.) Number of Position $ (D) Total Salary Cost (A) x (C) = (D) $ $171,096 Full Time 1 $171,096 Deputy or Associate Warden $99,174 Full Time 1 $99,174 Risk Manager $44,228 Full Time 1 $44,228 Training LT $48,922 Full Time 1 $48,922 Quality Assurance Assistant $31,822 FuJI Time 1 $31,822 Quality Assurance Manager $39,406 Full Time 1 $39,406 Receptionist $20,118 Full Time 1 $20,118 Secretary III $31,822 Full Time i $31,822 Food Service Supervisor $43,026 Full Time 1 $43,026 Ass!. Food Service Supervisor $31,554 Full Time 2 $63,108 Cook II $24,089 Full Time 7.85 $189,102 Food Service Worker $16,675 Full Time 9.42 $157,080 Maintenance Supervisor $41,234 Full Time 1 $41,234 Custodian $19,162 Full Time 5 $95,808 Maintenance Wcrker $31,773 Full Time 3 $95,318 Human Resource Manager $48,753 Full Time 1 $48,753 Human Resource Assistant $30,675 Full Time 1 $30,675 Finance Supervisor $48,384 Full Time 1 $48,384 Accounting Clerk II $30,718 Full Time 3 $92,153 Property Coordinator $36,601 Full Time 1 $36,601 Receiving Clerk $22,284 Full Time 1 $22,284 Chief of Security $56,272 Full Time 1 $56,272 Grievance Lt. $48,882 Full Time 1 $48,882 Lieutenant $48,926 Full Time 5.71 $279,370 Sergeant $44,870 FuUTime 10.42 $467,543 Detention OHicer $40,786 Full Time 166.14 $6,776,122 Laundy Coordinator $33,415 Full Time 1 $33,415 Laundry Worker $17,649 Full Time 1 $17,649 Classification Manager $42,209 Full Time 1 $42,209 Countroom Coordinator $31,822 Full Time 1 $31,822 Clerk I! $22,284 Full Time 10.42 $232,197 Mailroom Coordinator $25,003 Full Time 1 $25,003 Chaplain $40,893 Full Time 1 $40,893 Recreation Specialist $29,953 Full Time 1 $29,953 Warden or Complex Admin Total Salary Cost: FICA Benefits (%) Total Salary Cost plus FICA 247.0 7.65% $9,531,444 $729,155.47 $10,260,599.47 SCHEDULE B PART II PERSONNEL COSTS M (Direct Costs· Personnel Supporting Detention Facility) Instructions: Provide name of retirement plans (i.e. N.V.S. employees retirement system), insurance plans (i.e. Blue Cross/Blue Shield), 01' unemployment insurance contribution plans for positions listed in Schedule B ~ Part 1}. Number of Employees Participating Total Salary Base Employer Contribution Annual Cost. 1. Retirement Program(s) Full-time: 16 $9,531,444.00 0.30% $28,544.16 a. Health Full-time: 0 $9,531,444.00 21.60% $2,058,664.17 b. Life Full-time: 0 $9,531,444.00 0.02% $1,638.00 c. Auto liability Full-time: a $9,531,444.00 0.00% $0.00 d. Short-term Disability FUll-time: a $9,531,444.00 0.00% $0.00 e. AD&D Insurance Full-time: a $9,531,444.00 0.01% $873.73 401 K 2. Insurance program(s) 3. Other Employee Contribution Plan(s) (i.e. unemployment, worker's compensation) a. Unemployment b. Workers Compensation c. FUTA a Full-time: a Full-time: Full-time: 0 $9,531,444.00 2.524% $240,607.76 $9,531,444.00 2.601% $247,920.47 $9,531,444.00 0.195% $18,592.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Benefits Cost: I $2,596,841.28 " '''' ',-' -" -.- - , -;' , - ,-, - -- ,-,' s'cfAEmwllE"c'- '" .-'" , - -, ,- ,- -,"" ,--- -' -,- -',' , • _____ - __ ~_~ _ _ _ _ _ ~ _~~ __ , CONSl.JLl1ANmS ~N[) CONTBAG'17 SERVICES __. ,.,.___ ~~_::_':..~ __ .:: _ _ i.O~__ .::..::....::.._,;:..~~_;::._, _ _ ."'_,;:...,x~ -,~~. ~< _ _ ,::~~ _ _ ~~-_, _ _ _ ~_-_, -::~_ _" ~ _______ .::.... Instructions: List only those services directly involved in jail operations and benefiting federal inmates. Provide a detailed of service". "ria",,,rii,,tir,n 2. Dental $0 3. Other: and Management Fee facility operations $2,146,781 4. Other: $0 5. Other: $0 Consultants and Contract Services ~ $2,146,781 '; __ ,- - ,---- -~----- '-- ~" ----------~----- ~ ~ - ---- --sefiEDUirEID -- ----_-7 ---------,-------~--, -~~ --~ -~ --:..-~:: ::~~ :..~~-~~..::"~~"'~ -,- ------, ~ " " , eTHBR DIREGI JAIL OPBRATING eesms- -' --: .<::_---- ," --,~~, ~- ---- ,--- ~ - - - "'~ -~ -- ,-- - - - - -- - Instructions: List only those costs associated with the operation of the jail that directly benefit federal inmates. Costs associated with local court and law enforcement activities are not allowable costs for the purpose of determining facility operating costs. Care Supplies ing, linen, Hygiene, Laundry lies Janitorial g & Conference Office, Postage, Printing Supplies under $5,000 1\/&'nlll':ll> I ng supplies, postage, charges,payroli supplies, Photocopiers, printers, faxes, computers, tools etc. operations & maintenance Operations of vehicles, maintenance I I ITotal Other Direct Costs d>, " ' " IV, -- ~- " . - - ,-- SeREr>UJllie E --" '" ' .' ,-' '. -- " ' . " , " -, '.. , , - " ' -- -- , , ~ "- ~ ~ ceST AI..IJ)CAmION PIJANSIINDIRIECm COSffi RBOR0SJ,\LS __ __'"- ___ ';::'- __ __ ...:: ___ __ _-;-~- _~ ~,~ --~ /~ ~....;"_~ _,,_;_-~,..;:.,,-~~:_':"~-_~ ~ ~ ~ ._~..!..:-=--_~:_: _ __ "v ~ Vehicle Costs . ~~- Instructions: If you intend to claim central service costs you must provide a cost allocation plan. See OMB Circular A-8?, Attachment C. Similarly, if you intend to claim indirect costs you must provide an indirect cost proposal. An indirect cost is any cost not directly identified a single, final cost objective and is not subject to treatment as a direct cost. See OMB Circular A-B?, Attachment E. ndirect Costs ~~ 1) All costs included in this proposal (Identify date) to establish cost allocations or bilHngs for (identify period covered by plan) are allowable in accordance with the requirements of OMB Circular A-8?, "Cost Principles for State and Local Governments," and the Federal Award(s) to which they apply. Unallowable costs have been adjusted for In allocatIon costs as indicated in the cost allocation plan. 2) All cost included in this proposal are properly allocable to Federal awards on the basis of a benefioial or casual relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as Indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for oonsistency. declare that the foregoing is true and correct: Ir.::r"">rh~n"'r\t~r Unit: .; "'. ". . , ;' : .'. . ',"',.- ~: -", -" '''' , ",' , -,' -, ' ", "", s'cfffiE:BmThE F--- ,- '.'- -" -- . ,. . , --, - -,- -- ' ,- ,', "~ " __ ,_, '" __ .__ _ ." __ . ______,_- _ . _~~"~J~~!§~!T~@~~!~.:__ ___ -' __ '_ . . _, " - -- ,- -- ,_ ---~ __; Instructions: A listing of equipment that is in the current approved jail operating budget for this contract period may be provided and/or attached to this worksheet for full purchase value consideration. If equipment is depreciated, show total acquisition amount and method used by state, country or city in calculating depreciation. A use allowance not to exceed 6-2/3% of acquisition cost of usable equipment may be substituted in lieu of depreciation. Equipment must be used directly for jail operations. Treatment of these costs must be consistent with local ment's method. Costs IEctuir)m~~nt 1It'i_",":iV/n Allowance of above) 0.0000% .00 " , --' ' ' ' '" e'_ ---_ . '-'-e'---seFiEjfiuLEf(f',e~'- - ~ '-",-'-"", ',',-- --,' BUll.:;DfNG___ DERRE€IAmION .::-....:;,__ =_ ::......-.:___ -.- _~.:::... _...::..--.-::~ ~ _':C_ , __ '- ' _ ~ -_ - ~ - __ 'e, _-: ~ -, " __ ~,,_ Provide an explanation of method used by state, county or city to depreciate buildings. Show date of construction; of construction (cost of land/site is not allowable); numbers of years in depreciation cycle. Note that federal assistance used for building construction are considered offsetting revenues and are to be subtracted from cost of construction. In of building depreciation an annual use allowance of 2% of acquisition cost may be substituted. Treatment of these costs be consistent with local government's method. If claiming debt service arising from construction or renovation of a facility, in "other" below. iture, fixtures, Equipment ."'~""""""'C Revenues or Grants including Awards under Generally 2% of original construction cost. - ,- ~ ~ - - - - ~ ~ - ~ , ---~ ~ ,.' -. -~ , ~~"- -~,~'~ -- .- ~ -" Part 11- Method of calculating depreciation used by state, county or city (i.e., specify depreciation method if 2% ,d~pre~ia,U2n a~'-~lI'Janpe i,~ ~~J lI~!~jz¥d,bYJ!1~~Jfl!E?_ c~!LI"I,!M!'£lr~fitv~) _:_, ,-,', Lease with County is initially for 5 years. "" _ _ '''_: ~~__, ,:_'e '_ , ____ -,", ' _ ',_ ~ .... .;: ' ,,~ ~~ ~ ~ -- -. ~ 0- -- _ _ __ -- _ -- .-c - -- - S~ffJE-D(jEE--],;j --: -~ -- - ~ -- ~ ~,-- -- - HOURU¥ S!rAml()NAEtM GUAEtD SeaMIGES BAmE -~ _"" "' .... ::...._"-_.:_~~;..~ _~~~::~"-~_-,;;~.:::;,~.~_~'"' - ___ .:...._~_ ~'" __ ::.':;, __ ~~~_~_:~::..:; ~ ~~-,;;i;:.:.::.;::;,':::..,,_~,~~" -- - -. - - ~ - -- - -~, : ~"_ - ~ - ~ - ~ ~ ~-:.. Instructions: List only those positions that will perform the stationary guard services. Qualified law enforcement or correctional officer personnel employed by the jail facility under their policies, procedure and practices should only perform these services. Provide annual cost of benefits to include retirement plans (I.e. N,Y,S. employees retirement system), insurance plans (I.e. Blue Cross/Blue Shield), or unemployment insurance contribution plans for positions listed. The stationary guard services are not to be included in the total operating costs. These services are required for detainees attending off site court proceedings or who are committed to a medical facility. (8) (D) (E) (F) (A) (C) (G) Hourly Rate Title of Annual Salary Full Time or Number of Total Salary Base Annual Cost of Total Salary Cost Position Part Time Benefits Cost Positions (A) x (C) = (D) (D) + (E)::: (F) (F)/2080 =(0) ~ecunty Officer $38,812.80 Full Time a $0.00 $0,00 $0.00 $0.00 $0.00 $3.81 $3.81 $0.00 $0.00 $0.00 $0.00 $22.47 $0.00 $0.00 $0.00 $0.00 Staffing Schedu" Otero County Processing Center Warden sociate Warden Human Resource uman Resource Assistant Risk ccoun Clerk Clerk 1 Coordinator Assurance/ACA As surance/ACA As sistant donist To ta] Ira tfon Food Service st. Food Service Cook II Food Service Worker Total Food Services or Maimenance Worker Coordinator \Worker Custodian Classi?cation Comtroom Coordinator Clerk II Mailroom Coordinator Clerk II tion lain Total ractitioner MD nttact ealth Services Administrator of Nurse II erd Nurse 2 hours/da Practical Nurse II censed Practical Nurse 11 (12 hours da ensed Practical Nurse Assistant 850+ 1.00 Clerk II 1.00 Records Technician 1.00 Medical Records Clerk 1.00 Dentist 0.40 tal Assistant 0.60 chiat?st 0.025 Mental Health Professional 1.00 Technician 1.00 Total Health Services 17.63 Chief of 1.00 Lieutenant 1.00 Grievance Lieutenant 1.00 dn?nistrative 1.00 lieutenant 1 .00 1.00 1.00 7.00 Court 3.00 Court Escort 2.00 Control 1.00 rtation 1.00 1.00 /Law Lib Of?cer 1.00 1.00 Dorm Control Video Surveillance 1.00 1.00 Yard 1.00 Central Control 2.00 1.00 Control 1.00 1.00 ort Gate Of?cer 1.00 1.00 Of?cer 12.00 12.00 SHU Of?cer 1.00 1.00 Control 3.00 3.00 4.00 4.00 Intake 3.00 3.00 2.00 2.00 Recreation Of?cer 3.00 3.00 Detainee Of?cer 1.00 1.00 Visitation 2.00 1.00 Total 45.00 36.00 Adrr?m'stration Food Services Su Pro Health Services Securi rs Securi Of?cers Total 5'