From: Sent: 29 Jun 2017 09:32:23 -0400 To: I Subject: External Posting -- McKinsey TCO Once the is signed by the DHCA, it is approved for external release. Thanks V/r Emu-?15E: Chief of Staff (A) Office of Acquisition Management (OAQ) US. Immigration and Customs Enforcement Desk Phone: 202-73 Cell Phone: I 1 From: Sent: 31 Aug 2017 16:24:57 -O400 To: Subject: Files for our Krome conversation Attachments: Krome Pricing July 2017_Optimal_Submission 7-12-17 v4.xlsx, Aug 28 coordination meeting slides_Krome.pptx McKinsey Compan Senior Imolementation Coach San Francisco, CA 2222+ This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2222+ 2 Summary of Savings - Optimal Model Over and Above - - - Bed Day Rate (CLIN 3) - Average 100 beds over minimum Tiered KTU Efficiency Removed Supervisor Daily Rate for Tier 1 Proposed 100 Current 100 Vii/til} CLIN 7A On Dema nd Stationary Guards 112,560 112,560 Annual Savings from Tiered CLIN 3 Return with a lower above tiered bed day rate (Note - the KTU population has not exceeded 12 in the last 24 months) Annual Savings for Tiered KTU Current On Demand Proposed Fixed Schedule Annual Savings for Fixed Schedule Rate change per da Posts I Station ry Fixed Hospital Schedule General Fixed Schedules, e.g. Construction 112,560 annual hours Removed Fixed Posts at Larkin Annual Average Hours CLIN 12 Fixed Price CLIN 7 On Demand Summary Annual Total Annual Savings (bl(4l 3 OPTIMAL STAFFING Contractors shall fill in the highlighted portions with their proposed unit price. Proposed unit price shall match the unit price submitted on the Standard Form 1447. Contractors shall submit this attachment in Excel form as a part of the soft copy submission. DO NOT CHANGE THE FORMAT TO INCLUDE THE CLINS, QTY, UNIT, UNIT PRICE OR FORMULAS. OPTION YEAR 3 QTY UNIT UNIT PRICE AMOUNT CLIN 3002: Detention 450 Minimum 164,250 BDR (W4) CLIN 3002a: KTU 365 DA CLIN 3002b: KTU T-2 (13-30) 365 DA CLIN 3003: Detention Over 450 36,135 BDR CLIN 30033: Detention Over 550 22,630 BDR CLIN 3005A: Transportation Labor 10,000 HR CLIN 30058:Transportation Labor OT 10,000 HR CLIN 3007: Stationary Guards - HR CLIN 3007A: Stationary Guards OT - HR CLIN 3011: Miami International Airport 12 MO CLIN 3015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 3 OPTION YEAR 4 QTY UNIT UNIT PRICE AMOUNT CLIN 4002: Detention 450 Minimum 164,250 BDR CLIN 4002a: Medical Support 365 DA CLIN 4002b: Medical Support T-2 (13-30) 365 DA CLIN 4003: Detention Over 450 36,135 BDR CLIN 4003a: Detention Over 550 22,630 BDR CLIN 4005A: Transportation Labor 10,000 HR CLIN 40058: Transportation Labor OT 10,000 HR CLIN 4007: Stationary Guards - HR CLIN 4007A: Stationary Guards OT - HR CLIN 4011: Miami International Airport 12 MO CLIN 4015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 4 OPTION YEAR 5 (Leap Year) QTY UNIT UNIT PRICE AMOUNT CLIN 5002: Detention 450 Minimum 164,700 BDR CLIN 50023: Medical Support 366 DA CLIN 5002b: Medical Support T-2 (13-30) 366 DA CLIN 5003: Detention Over 450 36,234 BDR CLIN 50033: Detention Over 550 22,692 BDR CLIN 5005A: Transportation Labor 10,000 HR CLIN 50058:Transportation Labor OT 10,000 HR CLIN 5007: Stationary Guards - HR CLIN 5007A: Stationary Guards OT - HR CLIN 5011: Miami International Airport 12 MO CLIN 5015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 5 OPTION YEAR 6 QTY UNIT UNIT PRICE AMOUNT CLIN 6002: Detention 450 Minimum 164,250 BDR CLIN 60023: Medical Support T-1 (1-12) 365 DA CLIN 6002b: Medical Support T-2 (13-30) 365 DA CLIN 6003: Detention Over 450 36,135 BDR CLIN 60033: Detention Over 550 22,630 BDR CLIN 6005A: Transportation Labor 10,000 HR CLIN Labor OT 10,000 HR CLIN 6007: Stationary Guards - HR CLIN 6007A: Stationary Guards OT - HR CLIN 6011: Miami International Airport 12 MO CLIN 6015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 6 OPTION YEAR 7 QTY UNIT UNIT PRICE AMOUNT Use or disclosure of the data contained on on the title page of this proposal. CLIN 7002: Detention 450 Minimum 164,250 BDR CLIN 70023: Medical Support 365 DA CLIN 7002b: Medical Support T-2 (13-30) 365 DA CLIN 7003: Detention Over 450 36,135 BDR CLIN 7003a: Detention Over 550 22,630 BDR CLIN 7005A: Transportation Labor 10,000 HR CLIN 7005B:Transportation Labor OT 10,000 HR CLIN 7007: Stationary Guards - HR CLIN 7007A: Stationary Guards OT - HR CLIN 7011: Miami International Airport 12 MO CLIN 7015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 7 OPTION YEAR 8 QTY UNIT UNIT PRICE AMOUNT CLIN 8002: Detention 450 Minimum 164,250 BDR CLIN 80023: Medical Support 365 DA CLIN 8002b: Medical Support T-2 (13-30) 365 DA CLIN 8003: Detention Over 450 36,135 BDR CLIN 8003a: Detention Over 550 22,630 BDR CLIN 8005A: Transportation Labor 10,000 HR CLIN Labor OT 10,000 HR CLIN 8007: Stationary Guards - HR CLIN 8007A: Stationary Guards OT - HR CLIN 8011: Miami International Airport 12 MO CLIN 8015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 8 OPTION YEAR 9 (Leap Year) QTY UNIT UNIT PRICE AMOUNT CLIN 9002: Detention 450 Minimum 164,700 BDR CLIN 9002a: Medical Support 366 DA CLIN 9002b: Medical Support T-2 (13-30) 366 DA CLIN 9003: Detention Over 450 36,234 BDR CLIN 9003a: Detention Over 550 22,692 BDR CLIN 9005A: Transportation Labor 10,000 HR CLIN 9005B2Transportation Labor OT 10,000 HR CLIN 9007: Stationary Guards - HR CLIN 9007A: Stationary Guards OT - HR CLIN 9011: Miami International Airport 12 MO CLIN 9015: Detainee Welfare 12 MO SUBTOTAL CLINs Above: Option Year 9 TOTAL Use or disclosure of the data contained on tabpl?a?Eirmwhegestrictions on the title page of this proposal. Due Date: 7/10/17 Total labor Contract Type: FF Total price Summary LY LY CLIN: PMO (Allocated to Most CLle) Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FTEs PMO Program Management Office Labor ODC Total CLIN: X002 Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FTES PMO Detention 450 Minimum Labor ODC PMO Allocation Total CLIN: X0023 (Option 1) Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FT Es PMO Medical Support T-l (1-12) Labor ODC PMO Allocation Total CLIN: x002b (Option 2) Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FTEs PMO Medical Support T-2 (13-30) Labor ODC PMO Allocation Total CLIN: X003 Item 0P3 0P4 OPS 0P6 0P7 0P8 0P9 TOTAL I POSTS I WES PMO Detention Over 450 Labor ODC PMO Allocation Total cum: xooaa Item 0133 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL POSTS FTEs mo Detention Over 550 Labor ODC PMO Allocation Total CLIN: X005a Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FTES PMO Transportation Labor Labor ODC PMO Allocation Total CLIN: X005b Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FrEs PMO Transportation Labor OT Labor ODC PMO Allocation Total CLIN: x011 Item 0P3 0P4 0P5 0P6 0P7 0P8 0P9 TOTAL I POSTS I FTEs PMO Miami International Airport Operations Labor ODC PMO Allocation Total Use or disclosure of the data contained 0204 mw?mm r?rictions on the title page of this proposal. CLIN: X015 Item Detainee Welfare Labor ODC PMO Allocation Total Use or disclosure of the data contained 020? @4me re?rictions on the title page of this proposal. Due Date: 7/10/17 Contract Type: FFP Indirect Rates Akima Global Se AGS Index 1 Period of Performance: 5/1/17 - 4/30/24 Year 3: 5/1/17 - 4/30/18 Year 4: 5/1/18 - 4/30/19 Year 5: 5/1/19 - 4/30/20 Year 6: 5/1/20 - 4/30/21 Year 7: 5/ 1/21 - 4/30/22 Year 8: 5/ 1/22 - 4/30/23 Year 9: 5/1/23 - 4/30/24 LLC Subcontractor Akal Index 7 Year 3: Year 4: Year 5: Year 6: Year 7: Year 8: Year 9: *Lead 5/1/17 - 4/30/18 5/1/18 - 4/30/19 5/1/19 - 4/30/20 5/1/20 - 4/30/21 5/1/21 - 4/30/22 5/ 1/22 - 4/30/23 5/1/23 - 4/30/24 OH OH Akal Labor Labor FEE ODC ODC Fee Escalation Labor Labor SCA Maricopa Co, AZ Total WD 2005-2519 Rev 15 7/08/15 Hours Holidavs Vacation Option Year 3: 5/1/17 - 4/30/18 10x4) Option Year 4: 5/1/18 - 4/30/19 Option Year 5: 5/ 1/ 19 - 4/30/20 Option Year 6: 5/ 1/20 - 4/30/21 Option Year 7: 5/ 1/21 - 4/30/22 Option Year 8: 5/ 1/22 - 4/30/23 Option Year 9: 5/ 1/23 - 4/30/24 Use or disclosure of the data contained on on the title page of this proposal. Sick Training Prod. Non Prod. 410(k) ODC ODC 19 of 22 RFP Number: Due Date: 7/10/17 Contract Type: FFP Indirect Rates SPFPA Detention Of?cers Total Hours Holidavs Vacation Sick Training Prod. i Non Prod. 410(k) i Option Year 3: 5/1/17-4/30/18 Option Year 4: 5/1/18-4/30/19 Option Year 5: 5/1/19 - 4/30/20 Option Year 6: 5/1/20 - 4/30/21 Option Year 7: 5/1/21 - 4/30/22 Option Year 8: 5/1/22 - 4/30/23 Option Year 9: 5/1/23 - 4/30/24 BAZ SPF PA Armed Transportation Of?cer Total Hours Holidays Vacation Sick Training Prod. Non Prod. 410(k) Option Year 3: 5/1/17-4/30/18 Option Year 4: 5/1/18- 4/30/19 Option Year 5: 5/1/19 - 4/30/20 Option Year 6: 5/1/20 - 4/30/21 Option Year 7: 5/1/21 - 4/30/22 Option Year 8: 5/1/22 - 4/30/23 Option Year 9: 5/1/23 - 4/30/24 CBA3 IBT Local 769 Food Service Workers Total Hours Holidays Vacation Sick Training Prod. Non Prod. 410(k) Option Year 3: 5/1/17- 4/30/18 Option Year 4: 5/1/18- 4/30/19 Option Year 5: 5/1/19 - 4/30/20 Option Year 6: 5/1/20 - 4/30/21 Option Year 7: 5/1/21 - 4/30/22 Option Year 8: 5/1/22 - 4/30/23 Option Year 9: 5/1/23 - 4/30/24 BA4 Supervisors Total Hours Holidgvs Vac?ation Sick Training Prod. Non Prod. 410(k) Option Year 3: 5/1/l7-4/30/18 Use or disclosure of the data contained on on the title page of this proposal. 20 of 22 RFP Number: Due Date: 7/ 10/ 17 Contract Type: FFP Indirect Rates Option Year 4: 5/l/18 - 4/30/19 Option Year 5: 5/1/19 - 4/30/20 Option Year 6: 5/ 1/20 - 4/30/21 Option Year 7: 5/1/21 - 4/30/22 Option Year 8: 5/1/22 - 4/30/23 Option Year 9: 5/1/23 - 4/30/24 CBA Extra Pays Uniform Allowance License Hygiene Total CBA2 CBA3 CBA4 Exempt SCA Shift Differential Shi? I Pay M-F 8 Hours Per Day Day 6AM to 2PM Shi? A?emoon 2PM to 10PM Shi? Grave 10PM to 6AM Shift Taxes FICA FUTA SUTA Total I Overtime Premium 0P3 OP4 0P5 0P6 OP7 OP8 OP9 Exempt Fn'n percentage used SCA CBA2 CBA3 CBA4 Non-Productive Time P3 OP4 0P5 0P6 OP7 0P8 OP9 Exempt SCA Use or disclosure of the data contained on the! oestrictions on the title page of this proposal. 21 of 22 Contents Consolidated format Current format 2019-ICLI-00048 11 Pre-Decisional Proprietary and Confidential .hl @l . - . 135. fulullgralwu .md [11!ch comm-m 1 Krome Timeline and key dates Vendor This Staffing Negotiation Negotiation response week Finish review Rehearsal Roundl Preparation round2 due Rehearsal Round3 negotiations a (W) I Approved I Identified I Under negotiation Rejected Total cost (SM) Current cost HeadHne Goals Opportunity Target cost 12 E13 2 Pre-Decisional Proprietary and Con?dential Enforcement Krome I Approved - Under negotiation Rejected Approved OPPONUMW Value (SM) Description Actions (Yes/No) Raduce overtime CLIN adjustment Staffing efficiencies Reduce administrative staff Rates and T80 margins Other changes Optimals vs. standards 6,36%,Esbi 1 Current Bed Day Rate: GM Above 2 opportunities I 're-Decisional Proprietary and Confidential 7" Emmi Krome Opportunity Reduce overtime CLIN adjustment Staffing efficiencies Other changes Eliminate guardmount overtime Shift permanent posts to CLIN 7A at lower rate Tiered KTU efficiencies Hospital guard ratio Dynamic staffing efficiencies Reduce administrative staff Rates and margins Optimals vs. standards Value (SM) Description Actions TBD TBD TBD 1 Current Bed Day Rate: GM 450 beds =-Above 2 opportunities bre-Decisional Proprietary and Confidential Approved (Yes/ No) Contents Consolidated format Current format 15 5 Pre-Decisional Proprietary and Confidential [llful cement Krome Timeline and key dates Staffing Negotiation review Rehearsal Round 1 I Preparation I I Vendor Negotiation response week round 2 due I I I I This I I I i Rehearsal I I Finish Round 3 negotiations (OX4) I Approved I Identified I Under negotiation Rejected Total cost (1 Current cos HeadHne Goals Opportunit Target cost 2019-ICLI-00048 16 Pre-Decisional Proprietary and Con?dential nu 313;" US. qunigralmu 331 and (?ustuius 6 Krome Approved Value (SM) Description Actions (Yes/No) b)(4)I Optimals v. Standards Above GM Rate 50 Tiered KTU Efficiency Create CLIN 7A for ?Fixed Schedule? Guards Hospital guard ratio Changing Escort Process iT? gun-mum. I 7 Pre-Decnsnonal?Proprletary and Confidential Krome (Continued) Value ApprovedYe Opportunity (SM) Description Actions 5 No 0 CI A pen ose osts Needed 6,967,601 7,967,601 5" 2019-ICLI-00048 18 g3 Is Pre-Decisional Proprietary and Confidential in'- i wuriti From: Sent: 23 Jun 2017 11:39:55 -0400 To: Cc: Subject: Follow up - McKinsey Extension Can you provide an update on the McKinsey extension. The EAD is asking. Thanks V/r Chief of Staff (A) Office of Acquisition Management (OAQ) US. Immigration and Customs Enforcement Desk Phone: Cell Phone: I 19 From: Sent: 21 Sep 2017 16:02:04 -0400 To: Cc: Subject: Funds for McKinsey -another req for approval. This one is 192117EROLESA0058 in the amount 0? DCR - McKinsey order - FY 2017 Funded Amount: . Total Contract Amount? POP is currently 1/3/17 10/27/17 I Can the POP be reduced in order to obligate less funds in (Yes or No). If no, provide an explanation in Column I. If yes, say what the new will be in Column J. If yes, say what the total dollar amount of funds not being obligated will be. 0 No. Funds are for upcoming invoices and are needed to fully fund current CLINS. Contract Specialist Detention, Compliance, and Removal 202-732 922932: 2019-lCLl-00048 20 From: Sent: 27 Aug 2018 15:07:34 +0000 To: DFC, ICE-CONTRACTUAL-OBLIGATIONS Cc: I Subject: FW: 2018 Obligation Management Escalation Report - July 2018 Attachments: Importance: High Hello, submitting this modification for review to settle this report. Let me know if you need anything else from me. Thanks, From: Sent: Monday, August 27, 2018 10:48 AM Subject: FW: 2018 Obligation Management Escalation Report - July 2018 Importance: High Hi Guys, You each have one item on this list. Please review and let me know if you are able to resolve this issue and if there is anything you need my help with. Thanks. Section Chief Detention, Compliance Removals DHS ICE Of?ce ofAcquisition Management (OAQ) Of?ce: 202-732-- Mobile: 202-380-- From: Sent: Friday, August 24, 2018 4:24 PM Subject: 2018 Obligation Management Escalation Report - July 2018 Good afternoon, Attached is a template of awards that have either been rejected or the released award has not been received by Financial Operations - Dallas (DFC) for obligation. Explanation category and comments are in columns and of the spreadsheet. Column is OAQ responses from the prior report. Please provide a detail clarification on pending resolution items in Column from the last month?s report. DFC will have to cancel the award if they do not receive the proper documentation to obligate. Be sure the CS copy _on the email that is sent to DFC. Please enter updated comments/responses in column of the attached and return to me as soon as possible. 21 Comments should include one of the following ONLY: The date obligated by DFC and the FileOnQ Barcode# The date the ?unrelease? request was sent to the PRISM Help Desk Resolution Pending Date action sent to DFC Please let me know if you have questions. Business Operations Division (BOD) Management Program Analyst DHS ICE Office of Acquisition Management (OAQ) Phone: (202) 732-- Mobile: (202) 309- Email: 2019-lCLl-00048 22 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1? CONTRACT '0 CODE PAGE PAGES 1 2 2. NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REQ. NO. 5. PROJECT N0. (Ifapp/icab/e) P00022 See Block 16C 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (Ifofher than Item 6) CODE DCR ICEDETENTION COMPLIANCE REMOVALS ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT OFFICE OF ACQUISITION MANAGEMENT 8 1 I STREET NW IbiieizibimiCi 8 0 1 I STREET NW WASHINGTON DC 20536 WASHINGTON DC 20536 8. NAME AND ADDRESS OF CONTRACTOR street, county. State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW 93. DATED (SEE ITEM 11) SUITE 1100 WASHINGTON DC 200362412 10A. MODIFICATION OF No. 108. DATED (SEE ITEM 13) CODE 8252293180000 FACILITYCODE 12/26/2016 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received pn'or to the opening hour and date speci?ed. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. As DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. FAR B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authority) E. IMPORTANT: Contractor is not, is required to sign this document and retum 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: (2 02 7 3 2 ?Iihvm-Ihv7vm I Contracting Officer: [bli?izibl?iiClI (202) Contract Specialist: (202) The purpose of this modification is to provide a no-cost extension of performance to July 13, 2018. All other terms and conditions remain the same. Exempt Action: Sensitive Award: NONE Delivery: 30 Days After Award Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Partner 153. 150. DATE SIGNED 168. UNITED 160. DATE SIGNED 06/29/2018 (Signature of person authorized to sign) icer) ne 29 201 8 NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 23 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Discount Terms: Net 30 Delivery Location Code: ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW IOXOKMUXC) WASHINGTON DC 20536 Accounting Info: (WUXB FOB: Destination Period of Performance: 01/03/2017 to 07/13/2018 Change Item 3004 to read as follows(amount shown is the obligated amount): 3004 Talent Management Strategy OX0 Step 3b: Continue implementing immediate improvements to streamline the hiring process Period of Performance: 3/19/2018 - 7/13/2018 Product/Service Code: R799 Product/Service Description: MANAGEMENT: OTHER The funding provided in this Task Order is the amount presently available for payment and allotted to this Task Order. The service provider agrees to perform to the point that does not exceed the total amount currently allotted to the items funded under this Task Order. The Service Provider is not authorized to continue work on those items beyond that point. The Government will not be obligated to reimburse the Service Provider in excess of the amount allotted to those items for performance beyond the funding allotted. NSN 7540-01 -1 52-8067 2019-ICLI-00048 24 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR I48 CFRI 53.110 From: Sent: 23 Aug 2017 10:13:04 -0400 Subject: analyzing new vendor response G?morning! I wanted to introduce you to who has joined the team to take over for can still be looped in where we have any questions or continuity issues, but won?t be full- time on this team any longer. I know there?s been some more back and forth with the vendor, and we?ve been looking through the payroll data AGS provided and the most recent analysis did. I?d love to make a plan to regroup. As I understand it right now, there are a few things we need to do to close: 1. Review the payroll data for comparison to the rate buildup they provided in the optimals submission would you have time to help take a look here? and I are happy to talk through at any point. 2. Fully understand the CLIN changes from past invoices to current proposal imagine you?re the expert here - could you and touch base on the comparison -sent last week? I'm unclear why they say the difference is -and according to our invoices it looks like closer to -. I suspect it?s a combination of not accounting for anticipated on?going use of CLIN 7 and an escalation in the option year rate, but it?s definitely something we need to be clear on. 3. Estimate full value from dynamic staffing -- you?re obviously our guru on staffing changes was going to take a pass at costing out the shift study you did, but may have a few questions. We?re effectively just trying to look at the total staff that suggests and match to the current AGS proposal and costs. Is there anything he should know in doing that work? 4. Finalize staffing changes I know you raised the 'all or nothing? points AGS made. Can you and talk to make sure we have a sense of how that shakes out and where their objections could be? Want to get ahead of that as we finalize the above, and also make sure other changes like guardmount are on their radar. If we can make sure we?re clear on the above, and it?s really a staffing change conversation, then we may be able to close without another in person meeting. Am I missing anything else on steps to close, or are there any changes to the above? Would there be a good time Thursday or Friday to talk as a group? Many thanks! McKinsey Company I c: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not 25 copy it, disclose its contents or use it for any purpose. 26 From: I Sent: 24 Oct 2017 09:55:00 -0400 To: Subject: Burden rates deck Attachments: BiteSize burden rates deck vFinal.pdf Hi, 528321? I wanted to pass this along, as promised. If you have any questions, let?s discuss before Thursday! Thanks, bl(6l:(b McKinsey Company 1200 19th Street NW Washinton, DC. 20036 phone; Email: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 27 5 US. Immigration and Customs Enforcement Burden rates and staf?ng costs ?Bite Sized? Knowledge Event Presentation Questions that we?ll answer today What?s the big idea? How do we use this? Where do things get tricky? What do I take away from this? 2019-ICLI-00048 29 Eiij'c?EZ?E?i?i?m" 2 Pre-Decisional Proprietary and Confidential ?54' Enforcement What are burden rates and why do they matter? Note: This session only covers the dollar charges on each FTE. See the document on relief factor for how to use holiday, sick, and other types of nonproductive hours to convert between posts and U.S.Immi aion 2019-ICLI-00048 30 lg; mdcm?i? 3 Pre-Decisional Proprietary and Confidential Enforcement Key terms for understanding staffing costs com ensation The actual hourly wage for an Funding for insurance to rovide covera employee collective bargaining The rate at which has suffered anolnjury Contributions an agreement (5) indirect costs or resulting employer may make taxes and benefits) from Job-related to pensions or other are added to direct duties (S) savings accounts for costs like labor wages their employees (S or depending on CBA) FUTA and SUTA Federal/State Unemployment Tax ?health and wellness?, or the contribution an Collective Bargaining FICA Acts, which fund state employer makes to Agreement workforce agencies ?Federal Insurance pay for health An agreement and unemployment Contributions Act a insurance (5 or between an employer federal payroll tax for depending on CBA) and a trade union that soual security and sets terms for hours, Medicare on salaries wages, and working up to a certain conditions amount(%) . . 2019-1 Ll-00048 31 lg; 3.3 ?cmui?i'?lfm 4 Pre-Decisional Proprietary and Confidential "54? Enforcement Details on calculating taxes to make a burden ratio 9" U.S.lmmi aion 2019-ICLI-00048 32 ?lg; 4"chng I5 Pre-Decisional Proprietary and Confidential Enforcement Details on calculating benefits and overtime to make a burden ratio t. U.S.lmmi aion 33 i?k ?ndCuswg; 6 Pre-Decisional Proprietary and Confidential Enforcement How to calculate a total staffing cost per FTE or burden rate Example staffing cost buildup for a Detention Officer under a CBA (S/hour) Base wage FICA FUTA SUTA Worker?s Comp Pension Pension Total staffing cost Burden rate (total staffing cost/base rate) A total staffing cost buildup uses information from a CBA, state taxes, and other sources The burden rate for this example is 1.42 2019-lCLl-00048 34 Pre-Decisional Proprietary and Confidential . \2 US. Immigration and Customs Enforcement 7 Questions that we?ll answer today What?s the big idea? How do we use this? Where do things get tricky? What do I take away from this? 2019-ICLI-00048 35 Eiij'c??i?l??i?i?m" 8 Pre-Decisional Proprietary and Confidential Enforcement Activity: calculate total staffing cost and burden rate for a Detention Officer at GCA Rio Grande A new private vendor named GCA is building a facility in the Rio Grande Valley The 1,500 bed facility should be completed in January of 2018 and is in the process of hiring its Detention Officers The company just signed a CBA to pay a base wage of $20/hour, and info on benefits and Texas taxes is below What is the total staffing cost for a Detention Officer? What is the burden rate? Tax Texas Rate CBA Benefit $/hour FUTA 0.6% on $7,000 0'85 5.00 SUTA 2.71% on $9,000 Pension 137 FICA 755% Uniform allowance 0.50 2019-ICLI-00048 36 a 3231153233513? 9 Pre-Decisional Proprietary and Confidential Enforcement Answer key: total staffing cost and burden rate for a DO at GCA Rio Grande Total staffing cost buildup for a Detention Officer at GCA Rio Grande (in Texas) Start with the base wage of $20/hour (S/hour) - FUTA 0.02 Base wage 20-00 - SUTA 0.11 FUTA 0.02 FICA 20*.0765 1.53 Worker?s comp (from CBA) 0.85 (CBA) 5.00 FICA 1.53 Pension (CBA) 1.37 - SUTA 0.11 Worker?s Comp 0.85 Uniform allowance (CBA) 0.50 Add all of these to get the total 5-00 27. - staffing 85 Retirement 1.37 The burden rate total staffing cost/base wage Uniform allowance 27. 2 . 1.47 85/ 0 00 burden rate Total staffing cost 29.38 37 3?21 10 Pre-Decisional Proprietary and Confidential Enforcement Questions that we?ll answer today What?s the big idea? How do we use this? Where do things get tricky? What do I take away from this? 2019-ICLI-00048 38 ?fij'c?EZ?E??i?m" 11 Pre-Decisional Proprietary and Confidential Enforcement A few things to watch out for when dealing with burden rates Watch out! If you see Then you 2019-ICLI-00048 39 Pre-Decisional Proprietary and Confidential . . 2 U.S. Immigration and Customs Enforcement I12 Questions that we?ll answer today What?s the big idea? How do we use this? Where do things get tricky? What do I take away from this? 2019-ICLI-00048 40 3'31 211235?? 13 Pre-Decisional Proprietary and Confidential ?54' Enforcement BURDEN RATES AND STAFFING COSTS ILLUSTRATIVE Conce ts Base rate (101(4) FUTA SUTA FICA Worker?s Comp Pension Uniform allowance Total staffing cost Rules of thumb - Burden rates should usually be below 1.4 . FUTA and SUTA cannot be charged on all employee wages - and profit should not be included in burden rates Only FICA and worker?s comp should be charged on overtime pay 1118.11111111r .1 111 41 3% 1611131..? 114 Pre-Decisional Proprietary and Confidential Enf) rcement From: I Sent: 16 Nov 2017 14: 28:07 -0500 To: Johnson, Tae D;MWeinberg, Bill? ;m mwuer, Philip (bx6)(bx7x0> Lamont: limim-(mmim I Subject: Client experience survey for ICE TCO effort with McKinsey ICE TCO team members, Last week, you received a link to a survey that asks you brie?y about your experience in working with the McKinsey team and the impact the effort has had. We would very much appreciate you taking a moment to ?ll this out-- it will help us continue to serve you better and to improve the experience for future clients. Please let me know if you have any questions or any dif?culty ?nding/accessing the survey. I appreciate you taking the time and hope everyone has a wonderful holiday season! Best, McKinsey Company New York Of?ce: Mobile: Assistant: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 42 From: Sent: 2 May 2017 08:19:05 -O400 To: I;Quigley, William Cc: Subject: CO meeting Attachments: ecblank.gif, pic14972.gif, ATT00002.htm, c081804.ics Team, Please let me know if you are available to meet this morning. If not, Please provide your availability so that we can reschedule accordingly. Thanks I hope everyone had a good weekend. To keep the momentum going from the workshop we would like to meet on Monday afternoon in OAQ to accomplish three goals for each facility: Create a breakout list off all services and goods that we buy Assemble all necessary contract materials Re?ne the should cost tool Additionally, I will give an orientation to the should cost model. Team, Please let me know if you are available to meet this morning. If not, Please provide your availability so that we can reschedule accordingly. Thanks I hope everyone had a good weekend. To keep the momentum going from the workshop we would like to meet on Monday afternoon in OAQ to accomplish three goals for each facility: Create a breakout list off all services and goods that we buy Assemble all necessary contract materials Re?ne the should cost tool Additionally, I will give an orientation to the should cost model. 43 Team, Please let me know if you are available to meet this morning. If not, Please provide your availability so that we can reschedule accordingly. Thanks I hope everyone had a good weekend. To keep the momentum going from the workshop we would like to meet on Monday afternoon in OAQ to accomplish three goals for each facility: Create a breakout list off all services and goods that we buy Assemble all necessary contract materials Re?ne the should cost tool Additionally, I will give an orientation to the should cost model. 44 From: Sent: 9 May 2019 13:52:27 +0000 T0: Subject: Coast Guard and McKinsey Just wanted to let you know McKinsey is trying to drum up business at the Coast Guard. I spoke with a program analyst there about my impressions and experience with McKinsey and also recommended they talk to you from the program perspective and about ERO transformation. Section Chief Detention, Compliance Removals DHS ICE Of?ce ofAcquisition Management (OAQ) Office: 202-732--I Mobile: 202-380- 45 From: Ian?mum} Sent: 11 Apr 2017 12:07:54 -0400 To: Subject: CPAR Sent you the McKinsey ERO 2.0 CPAR. Thank You (A)Chief of Staff Office 202?732-- Cell 202-487- 46 From: b6;b7C Sent: 13 Feb 2019 14:35:06 +0000 T03 Cc: Subject: CPARS for McKinsey Task Orders Attachments: CPARS McKinsey FINAL 7_13_2018 CPARS McKinsey FINAL 3_27_2018 Please review before I submit. Thank You Supervisory Management Program Analyst Office 202-732-- Cell 202-487-- 47 This script opens a separate window to view the fapiis pdf. SOURCE SELECTION INFORMATION - SEE FAR 2.101, 3.104, AND 42.1503 FOR OFFICIAL USE ONLY CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) INCOMPLETE-INITIATED Name/Address of Contractor: Company Name: MCKINSEY COMPANY, INC. WASHINGTON DC. Division Name: Street Address: 1200 19TH ST NW STE 1100 City: WASHINGTON State/Province: DC Zip Code: 200362412 Country: USA CAGE Code: DUNS Number: 825229318 PSC: R799 NAICS Code: 541611 Evaluation Type: Final Contract Percent Complete: 100 Period of Performance Being Assessed: 12/27/2016 - 07/ 13/2018 Contract Number: 188 HSCECR17F00003 Business Sector Sub-Sector: - Prof/Tech/Mng Support Contracting Office: DETENTION COMPLIANCE AND REMOVALS Contracting Officer: _Phone Number: 202-732- Location of Work: Award Date: 12/26/2016 Effective Date: 12/27/2016 Completion Date: 04/20/2018 Estimated/Actual Completion Date: 07/13/2018 Total Dollar Value: Current Contract Dollar Value: Complexity: High Termination Type: None Competition Type: Full and Open Competition Contract Type: Firm Fixed Price Key Subcontractors and Effort Performed: DUNS: Effort: DUNS: Effort: DUNS: Effort: Project Number: HSCECR17F00003 Project Title: Change Management Services (BRO 2.0) Contract Effort Description: The scope of this PWS primarily involves the creation of a unifying strategic vision that will identify opportunities for profound change and improvement and that will guide the implementation of existing and evolving efforts. The Contractor shall provide ERO with innovative strategic consulting services to guide ICE in fundamentally changing the 48 way ERO defines and communicates its vision, strategy, goals and objectives for the future. This task order will include assisting ERO with a strategy to hire, train, and fully develop a workforce consistent with the vision; and implementing the vision, strategy, goals, and objectives throughout organization. This transformation includes change management practices that coordinate and leverage existing related initiatives. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of transformation, and establishing and tracking performance of all activities against metrics for success. Small Business Subcontracting: Does this contract include a subcontracting plan? No Date of last Individual Subcontracting Report (ISR) Summary Subcontracting Report (SSR): Evaluation Areas Past Rating Rating Quality: Very Good Schedule: Exceptional Cost Control: Management: Very Good Small Business Subcontracting: Regulatory Compliance: Other Areas: (1) (2) (3) Variance (Contract to Date): Current Cost Variance Variance at Completion Current Schedule Variance 100 Assessing Of?cial Comments: 49 2019-ICLI-00048 50 COST CONTROL: Firm Fixed Price 51 Contractors approach to RECOMMENDATION: Given what I know today about the contractor's ability to perform in accordance with this contract or order's most signi?cant requirements, I would recommend them for similar requirements in the future. Name and Title of Assessing Of?cial: Name: Title: Organization: Phone Number: Email Address: Date: Contractor Comments: Name and Title of Contractor Representative: Name: Title: Phone Number: Email Address: Date: Review by Reviewing Of?cial: Name and Title of Reviewing Of?cial: Name: Title: Organization: Phone Number: Email Address: Date: 52 This script opens a separate window to view the fapiis pdf. WSOURCE SELECTION INFORMATION - SEE FAR 2.101, 3.104, AND 42.1503 FOR OFFICIAL USE ONLY CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) INCOMPLETE-INITIATED Name/Address of Contractor: Company Name: MCKINSEY COMPANY, INC. WASHINGTON DC. Division Name: Street Address: 1200 19TH ST NW STE 1100 City: WASHINGTON State/Province: DC Zip Code: 200362412 Country: USA CAGE Code: DUNS Number: 825229318 PSC: R799 NAICS Code: 541611 Evaluation Type: Interim Contract Percent Complete: 100 Period of Performance Being Assessed: 03/ 14/2017 - 03/ 13/2018 Contract Number: GSIOFOI 188 HSCECR16F00004 Business Sector Sub-Sector: - Prof/Tech/Mng Support Contracting Office: DETENTION COMPLIANCE AND REMOVALS Contracting Officer: Phone Number: 202-732- Location of Work: Award Date: 03/14/2016 Effective Date: 03/14/2016 Completion Date: 03/20/2018 Estimated/Actual Completion Date: 03/27/2018 Total Dollar Value: Current Contract Dollar Value: Complexity: High Termination Type: None Competition Type: Full and Open Competition Contract Type: Firm Fixed Price Key Subcontractors and Effort Performed: DUNS: Effort: DUNS: Effort: DUNS: Effort: Project Number: Project Title: Contract Effort Description: The scope of this PWS primarily involves the creation of a unifying strategic vision that will identify opportunities for profound change and improvement and that will guide the implementation of existing and evolving efforts. The Contractor shall provide ERO with innovative strategic consulting services to guide ICE in fundamentally changing the way BRO defines and communicates its vision, strategy, goals and objectives for the future. This task order will include assisting ERO with a strategy to hire, train, and fully develop a workforce consistent with 53 the vision; and implementing the vision, strategy, goals, and objectives throughout organization. This transformation includes change management practices that coordinate and leverage existing related initiatives. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of transformation, and establishing and tracking performance of all activities against metrics for success. Small Business Subcontracting: Does this contract include a subcontracting plan? Date of last Individual Subcontracting Report (ISR) Summary Subcontracting Report (SSR): Evaluation Areas Past Rating Rating Quality: Exceptional Exceptional Schedule: Exceptional Exceptional Cost Control: Management: Very Good Exceptional Small Business Subcontracting: Regulatory Compliance: Other Areas: (1) (2) (3) Variance (Contract to Date): Current Cost Variance Variance at Completion Current Schedule Variance 100 Assessing Of?cial Comments: 54 2019-ICLI-00048 55 Name and Title of Assessing Of?cial: Name: Title: Organization: Phone Number: Email Address: Date: Contractor Comments: Name and Title of Contractor Representative: Name: Title: Phone Number: Email Address: Date: Review by Reviewing Of?cial: Name and Title of Reviewing Of?cial: Name: Title: Organization: Phone Number: Email Address: Date: 56 From: Sent: 11 Feb 2019 19:31:50 +0000 To: Cc: Subject: CPARS for McKinsey W76): I am trying to provide a CPARS for HSCECRF00004 McKinsey for 3/14/2017 3/27/2018. CPARS states there is already a FINAL record. When you look at the status is shows there is one and you are the originator (See below). Unless there is a reason for this one $929}: can remove and I can submit. WSOURCE SELECTION INFORMATION - SEE FAR 2.101, 3.104, AND 42.1503 CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) Name/Address of Contractor: Company Name: MCKINSEY COMPANY, INC. WASHINGTON DC. Division Name: Street Address: 1200 19TH ST NW STE 1100 City: WASHINGTON State/Province: DC Zip Code: 200362412 Country: USA CAGE Code: DUNS Number: 825229318 PSC: R799 NAICS Code: 541611 Evaluation Type: Final Contract Percent Complete: Period of Performance Being Assessed: 03/14/2018 - 03/27/2018 Contract Number: GS10F0118S HSCECR16F00004 Business Sector Sub-Sector: - Prof/Tech/Mng Support Contractin- Of?ce: DETENTION COMPLIANCE AND REMOVALS Contracting Officer: Phone Number: (202) 732- Location of Work: Award Date: 03/14/2016 Effective Date: 03/14/2016 Completion Date: 03/20/2019 Estimated/Actual Completion Date: 03/27/2018 Total Dollar Value: Current Contract Dollar Value: Complexity: Medium Termination Type: None Competition Type: Full and Open Competition Contract Type: Firm Fixed Price Key Subcontractors and Effort Performed: DUNS: Effort: DUNS: Effort: DUNS: Effort: Project Number: Project Title: ICE ERO Change Management Services 2019-lCLl-00048 57 Contract Effort Description: The scope of this PWS primarily involves the creation of a unifying strategic vision that will identify opportunities for profound change and improvement and that will guide the implementation of existing and evolving efforts. The Contractor shall provide ERO with innovative strategic consulting services to guide ICE in fundamentally changing the way ERO de?nes and communicates its vision, strategy, goals and objectives for the future. This task order will include assisting ERO with a strategy to hire, train, and fully develop a workforce consistent with the vision; and implementing the vision, strategy, goals, and objectives throughout organization. This transformation includes change management practices that coordinate and leverage existing related initiatives. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of transformation, and establishing and tracking performance of all activities against metrics for success. Small Business Subcontracting: Does this contract include a subcontracting plan? No Date of last Individual Subcontracting Report (ISR) Summary Subcontracting Report (SSR): Evaluation Areas Past Rating Rating Quality: Exceptional Exceptional Schedule: Exceptional Exceptional Cost Control: Management: Very Good Very Good Small Business Subcontracting: Regulatory Compliance: Other Areas: 1) (2) (3) Variance (Contract to Date): Current Cost Variance Variance at Completion Current Schedule Variance Assessing Official Comments: QUALITY: Performance met contractual requirements and exceeded many to the Government's bene?t. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the Contractor were highly effective. SCHEDULE: Performance met contractual requirements and exceeded many to the Government's bene?t. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the Contractor were highly effective. MANAGEMENT: Performance met contractual requirements and exceeded some to the Government's bene?t. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the Contractor were effective. RECOMMENDATION: Given what I know today about the contractor's ability to perform in accordance with this contract or order's most signi?cant requirements, I would recommend them for similar requirements in the future. 58 Name and Title of Assessing Official: Name: Title: Section Chief Organization: ICE Phone Number: (202) 732 Email Address: Date: Contractor Comments: Name and Title of Contractor Representative: Name: Title: Phone Number: Email Address: Date: Review by Reviewing Official: Name and Title of Reviewing Official: Name: Title: Organization: Phone Number: Email Address: Date: The You Supervisory Management Program Analyst Office 202-732- Cell 202-487 59 From: Sent: 4 Jun 2018 18:01:48 +0000 Subject: Data call for Attachments: FY18 Contracts Through 103118.x sx Importance: High Hi Everyone, Please review-email below and the urgent, requested data call. According to this request applies to all actions in FY18 that you have REQs for or that you are planning/working without a REQ. It also applies to new awards, options and mods (see column of the spreadsheet). As you will see, instructs DCR not to include anything detention related. I asked him for clarification about our flig its? and inspections contracts and he said not to include flights or inspections. What to include are things like program management support, financial audit support and other professional support services. Apart from our McKinsey contract, I?m not sure we have anything that qualifies. Can you each review your current requisitions, re-competes, and FY18 procurements and let me know by COB tomorrow (June 5! whether you have anything to add to this list? If you are unsure, let?s discuss. Thanks. Section hiefl Detention, Compliance Removals DHS ICE Of?ce ofAcquisition Manaement (OAQ) Of?ce: 202-732-l Mobile: 202-380 Email: I From:? Sent: Friday, June 01,2018 1:07 PM Subject: Data call for EAD Clever Importance: High Good Afternoon Chiefs 2019-lCLl-00048 60 The purpose of this email is to task you and your teams with a very important data call for The attached spreadsheet must be completed by all four OAQ divisions (DCR, MS, IOSD and ITD) and returned Wednesday, June 6th. Here are the most important things to remember when completing this task: 1. The spreadsheet Wednesday, June 6th. I will review all spreadsheets first thing on Thursday, June 7th. 2. Each division shall provide Mconsolidated spreadsheet to me by the due date. 3. DO NOT change any of the headers in the spreadsheet and fill each column out as accurately as you can. 4. DO NOT include contracts/orders that have a total value of or less. 5. DCR do not include detention related contracts (bed space, transportation, etc.). Should you have any questions, please contact me directly. V/r Chief of Staff Office of Acquisition Management (OAQ) US. Immigration and Customs Enforcement Desk Phone: Cell Phone: 202-906-X7XC) Email: (?minding hat anon! I: :m ali.o I45 Inmn ulun Pudklamor 61 From: Sent: 11 Jul 2017 16:00:38 -0400 To: Cc: Subject: Draft supplier letter WSW We added the part in italics. We discussed this strategy with today and he was open to the idea. Please let me know what you think. Vendor letter: Sincerely, This email is con?dential and may be privileged. If you have received it 62 in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 63 From: b6;b7c Sent: 13 Apr 2017 13:48:25 -0400 To: Cc: I Subject: ERO Project (McKinsey)?Data for CDFs Importance: High All, I am assisting McKinsey (ERO Project) with gathering information on the following four (4) CDFs: Houston (existing and re-compete), Farmville, Krome, and South Texas/Pearsall. For the CDF contract you are assigned to, can you provide me the following information by C08 tomorrow if at all possible? 1. Does the contract include pricing for transition-out and/or a six (6) month extension (IAW FAR 2. Are there currently any major issues (i.e.-litigation, negotiations) with the contract? 3. When does the current option period expire and what is the plan moving forward? (i.e.-Once the new Houston contract is awarded, how long will the current contract be extended for?) Please let me know if you have questions. Thank you! R, (bll6li(bl(7 DHS ICE Office of Acquisition Management (OAQ) Detention, Compliance Removals (DCR) Contracting Officer 801 Street, Mail Stop 5750 Washington, DC. 20536-5750 Desk: (202) 732-- Mobile: (202) 345-- Email: 2019-lCLl-00048 64 From: Sent: 20 Jun 2017 10:56:11 -0400 To: Cc: Subject: Extending our McKinsey contractual period of performance Good Morning, I wanted to be sure that you are aware that Director Homan has decided that we should move forward with extending the McKinsey contract. Can you tell me if you have had contact from the Programs that would be funding it? Thank You, From: Sent: Wednesday, May 31, 2017 11:03 AM To: Subject: RE: extending our McKinsey contractual period of performance? Well it obviously isn?t ideal to have a contractor tell us what we want to ask them to do. But unless we can get OHC or anyone else at ICE to articulate what our objectives are, what other option is there? Contracting Of?cer Detention, Compliance Removals DHS ICE Of?ce of Acquisition Management (OAQ) Of?ce: 202-732W Mobile: 202-380- From: Sent: Wednesday, May 31, 2017 10:57 AM TO: Subject: RE: Tracey, extending our McKinsey contractual period of performance? Hi I?ll be back tomorrow. In the meantime, OHC has indicated they too plan to extend the task associated with HR for the maximum 6 months. When I reached out for the justification and the statement of objectives/work, they provided the a white paper however the document was prepared by McKinsey - can they do that? Thanks, From: Sent: Wednesday, May 31, 2017 9:28 AM 65 Subject: RE: Tracey, extending our McKinsey contractual period of performance? Hi (bwawxc I realize you are out until tomorrow but when you return, it would be great if we could get an update on our plans for extension. Also, one of the attorneys at OPLA who has been advising us on this contract would like to have a conference call with us so he has some idea of the direction we are headed. Thanks! Contracting Of?cer Detention, Compliance Removals DHS ICE Office of Acquisition Management (OAQ) Of?ce: 202?732-- Mobile: 202-380-- Email: From: Sent: Wednesday, May 24, 2017 3:13 PM TO: Cc: Subject: RE: Tracey, extending our McKinsey contractual period of performance? (bier. Thank you so much. This helps me understand what's in place and why. Considering the clause for the 6 month extension, and I?m hoping that it?s not an all or nothing meaning we can opt to extend 1, 2 or all 3 Tasks under this clause, have you received any indication from ERO that they have a desire to extend their task and likewise, does I will reach out to OHC on the 3rd Task, Talent Management Strategy, and get to work on their need to extend. Thanks again, From: Sent: Wednesday, May 24, 2017 2:20 PM To: Cc: Weinberg, Bill Subject: RE: Tracey, extending our McKinsey contractual period of performance? twisting) Attached is the contract with McKinsey. The contract has three overall tasks. The primary task of the contract is called ?Transformation Task which is essentially McKinsey working with ERO to implement recommendations from their other contract with us. Transformation Task 3 currently expires on June 19 but can be extended to October 9 with existing options. A second task on the contract is called ?Total Cost of Ownership,? (TCO) which deals with contracts and OAQ. We recently extended the period of performance of this task to June 12 but there are no additional options for extension. The third task is called ?Talent Management Strategy,? (TMS) 66 dealing with HR and was also recently extended to June 12 and also has no options for extension. Both TCO and TMS were originally supposed to expire on May 22. I have attached the original contract for your review. It won?t give you much information related to funding though. We?ve been added funding incrementally via modi?cations, as it has become available. I have cc?d on this email the Contracting Of?cer?s Representative _and his alternate, They can provide you more detailed information regarding funding if you need. We have a clause on our contract that allows for extensions of up to 6 months. That being said, given that this contract is ?rm ?xed price and has speci?c deliverables, any request for extension with McKinsey should some statement of our objectives that describes what we want McKinsey to do and how much longer we want them to do it. Depending on how much we?re asking for and how much McKinsey tells us this will cost, we will probably need to prepare some form of justi?cation for why we are awarding additional work to one ?rm without competing it. For your reference, I?ve included the Limited Sources Justi?cation that we had to prepare for this contract, which was also awarded without competition. This should give you some additional background. Given that TCO and TMS expire in about 2 weeks, we?ll need to get the ball rolling right away. If you all can provide me with a statement of objectives for the extension and how long you would like to extend, we can request a quote from McKinsey for the additional work and extension. Sorry for the long email but I wanted to make sure you have the information you need. Please let me know if you have any questions. Contracting Of?cer Detention, Compliance Removals DI-IS ICE Of?ce of Acquisition Mana_ement (OAQ) Of?ce: 202-7324392921? Mobile: 202-380 I From:? Sent: Wednesday, May 24, 2017 1:37 PM To: Weinberg, Bill CC: I Subject: RE: Tracey, extending our McKinsey contractual period of performance? Thank you Bill. Once I receive the contract, I?ll work with OHC and- to extend. From: Weinberg, Bill Sent: Wednesday, May 24, 2017 1:33 PM TO: Cc: Subject: RE: extending our McKinsey contractual period of performance? Sure is the contracting officer for this contract, and I?ve already alerted him to this request. The tasks are extended to June 12, when they end per the current contract. Any extension would have 67 to be defined, justified, proposed by the vendor, evaluated, and funded. I?m sure the vendor will be most cooperative in this endeavor Bill Weinberg Chief Acquisition Of?cer US Immigration and Customs Enforcement From: Sent: Wednesday, May 24, 2017 1:30 PM To: Weinberg, Bill Cc: Subject: FW: Tracey, extending our McKinsey contractual period of performance? Good Afternoon Bill, I?m trying to be responsive to Tracey?s request to extend the McKinsey contract. Can you share what you know and direct me to someone on your staff that can assist me in extending. Also, I?d like to get a copy of the contract to see how it?s been funded to date. The you, From: Sent: Wednesday, May 24, 2017 10:59 AM To: Valerio, Tracey Cheng, Wen-Ting CC: Subject: RE: Tracey, extending our contractual period of performance? Hello Tracey and Wen, At one point you wanted me to find funding to extend and then this email came saying we would extend the POP at no cost till June 12th. Can you clarify for me what we are attempting to do now? I mentioned to Wen that we are still operating under the 30-day apportionment but we have not yet given all the funding out (haven?t given CPA and ODCR). Are we wanting to extend beyond June 12th and if so, how long? The ks, From: Weinberg, Bill Sent: Wednesday, May 10, 2017 1:09 PM To: Valerio, Tracey A Cc: Cheng, Wen-Ting; Valerio, Tracey A Subject: RE: Tracey, extending our contractual period of performance? 10-4 2019-lCLl-00048 68 Bill Weinberg Chief Acquisition Of?cer US Immigration and Customs Enforcement Sent with BlackBeny Work From: Valerio, Tracey A I Date: Wednesday, May 10, 2017, 12:55 PM To: Weinberg, Bill Cc: I Cheng, lValerio, Tracey A I Subject: FW: Tracey, extending our contractual period of performance? Bill, can you please make sure that the extension is completed? Thank you! From: Sent: Tuesday, May 09, 2017 11:41 AM To: Valerio, Tracey A Subject: Tracey, extending our contractual period of performance? Sorry to bother you with a pretty minor detail - see below - the period of performance on the TCO and talent work is set to expire on May 22 (in less than 2 weeks). I know you are working the white papers, but in the meantime, I wonder if you would consider extending the period of performance by an additional 3 weeks (to June 12), at no additional cost to the government._ and I are all committed to ensuring you and ICE leadership have impact, and we fear that ending the efforts in 2 weeks could put that impact at risk supporting procurement negotiations, supporting OHC/Dallas on streamlining hiring). This is a bene?t of the ?rm-fixed price contractual arrangement - an extension simply allows additional time to ful?ll our commitment to the agency (rather than billing you for additional time and materials). Does that make sense to you? If so, you would need to direct Bill and his folks to extend the period. Thanks, (b21620 McKinsey Company 1200 19th Street NW, Suite 1000 Washington, DC 20036 Mobile? Forwarded by on 05/09/2017 11:30 AM Date: 05/09/2017 10:50 AM Subject: HSCECR-17-F-00003 69 As a reminder, CLINs 2002 and 3002 will expire on May After this date, there can be no further performance towards either the TCO Procurement or Talent Management Strategy projects. Thanks, b6'b7C Contract Specialist Detention, Compliance, and Removal 202-732 This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 70 From: Sent: 30 May 2018 20:11:14 +0000 To: Cc: Subject: FW: CPARS Notification Hi lp2i?l?ib Have you all already begun the ?nal CPARS eval on with McKinsey? I tried to initiate an evaluation but CPARS said that there is already an evaluation for this period. Section Chief Detention, Compliance Removals DHS ICE Of?ce ofAcquisition Mana_ement (OAQ) Of?ce: 202-732Wb'Mobilc: 202-380 Original From: Sent: Monday, May 28, 2018 7:55 AM Subject: CPARS Noti?cation CPARS NOTIFICATION You are the Assessing Of?cial for the contracts listed below. If you forgot your User ID or Password, use the 'Forgot User or 'Forgot Password' function at the System Logon screen. These contracts now have PARS evaluation(s) that are due or will be due within 30 days for the Period of Performance shown. Until the required evaluation(s) are initiated, you'll continue to receive this e-mail noti?cation weekly. Please use the To-Do List to start the evaluation(s) or contact the Assessing Of?cial Representative to verify that the evaluation(s) have been started. CONTRACT PERIOD OF COMPANY NAME GSIOFOO95V 09/15/13-09/14/14 NAKAMOTO GROUP. INC., THE GSIOF0118S HSCECR16F00004 MCKINSEY COMPANY, INC. WASHINGTON DC. 71 From: I Sent: 21 Aug 2017 17:05:57 -0400 Subject: FW: Dilley documents Attachments: Dilley fact sheet and negotiation script vC.pdf, Pages on Dilley for negotiation preparation vC.pdf Would you mind printing 10 copies of the attached documents for me? Thanks, From: Sent: Monday, August 21, 2017 12:53 PM To: Subject: Fwd: Dilley documents Sent from my iPhone Begin forwarded message: Subject: RE: Dilley documents I made one small adjustment to the numbers to fix an accounting slip-up, so the new docs are attached. I?ll drop by your office in to discuss these and the negotiation updates. Thanks From: Sent: Monday, August 21, 2017 10:29 AM To: Subject: Dilley documents Hi, You?ve been a popular man this morning! I?ve been meaning to drop by your office in order to walk you quickly through the Dilley analysis we did ahead of the meeting (attached), but I keep walking in on other meetings. 2019-lCLl-00048 72 I?d love to duck in to chat about this quickly. If it?s not too much trouble, could you also have someone print 10 copies of each document? We have a meeting this afternoon at PCN to discuss them with leadership. Thanks, b6'b7C McKinsey Company 1200 19th Street NW Washinton, DC. 20036 phone This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-lCLl-00048 73 Fact sheet for South Texas Family Residential Center Background: I Dilley was an emergency contract executed during the 2014 in?ux of unaccompanied minors and family units crossing the southern border I The facility has 2,400 beds for women and children in modular housing units I By the end of 2017, ICE will have paid CoreCivic $725 million for the facility I Due to the rush, ICE paid CoreCivic $96 million up front to open the facility I Then ICE signed a contract worth $243 million a year I In October 2016, CoreCivic reduced the contract to $155 million per year: - $34 million was reduced from staf?ng and bene?ts - $28 million was reduced from food payments to Target - $26 million was reduced from ?staff housing and food service? Current opportunity for ICE savings I The current cost of the contract is $157 million, and the should cost is $43 million - The gap is $107 million - A practical objective is to reduce the contract by $70-90 million I The gap to should cost is primarily due to 74 Four key points for the conversation 4. The Government understands that the vendors will want to better understand its calculations and objectives, so proposes 3?4 follow-up conversations to align on the new basis for this contract 75 Exhibit One: Dilley contract costs 300 CoreCivic ITarget Log 250 200 .Up-frontNov-Dec 2015 2016 2017 2018 2019 2020 2021 2022 2014 Totals 70 27 243 229 156 159 162 165 168 172 ICE has paid CoreCivic $725 million to date ICE is projected to spend an additional $826 million over the next five years Exhibit Two: Effective bed-day rate of contract to date Effective bed day (W) rate Annual cost of 243 229 156 contract (SM) When translated to a per diem bed rate, Dilley beds can be 10 times as expensive as the national average 2019-lCLl-00048 76 Exhibit Three: Breakdown of should cost and current contract costs Should cost Does cost Difference ategory (5M) (5M) (5M) Target lease Margin Food Supplies General Administrative Depreciation Staffing Operations Maintenance Other costs Total 2019-ICLI-00048 77 U. S. Immigration and Customs Enforcement Negotiation Preparation 22 August 2017 PRELIMINARY FOR DISCUSSION ONLY ICE will have paid $725 million for Dilley by the end of 2017, over I CoreCivic $200 million of which will have gone to the Target Logistics lease I Ta?ge?mg?wc? Annualized costs of South Texas Family Facility1 Millions 243 Up-front Nov-Dec 2015 2016 17 payment 2014 (MW FY ADP Effective bed- day rate2 Dollars 1 These costs consider the up-front cost, the 'ramp-up' funds for the first 2 months of the contract, and expenses thereafter. The contract was renegotiated from roughly $21 million per month to about $13 million per month in October 2016 2 Because this is a flat-rate contract, the average effective bed-day rate can be calculated by dividing the annual contract spend by the FY ADP and 365 days in the year US. Immigration I 2019-ICLI-00048 79 i: g; mdcustoms Enforcement Pre-Decisional Proprietary and Confidential The should cost model?s output is $107 million lower than the current contracted cost Buildup of possible outcomes from Dilley re-negotiation Millions (bx4) Should cost Admissable Figure to Potential Practical Appropriate Current (fair market inefficiencies quote to concessions objective concessions by contract cost value) for family vendor by Government vendor site, including (to reach a deal) education U.S. Immigration 2019-ICLI-00048 80 I .12. and Customs I Pre-Decisional Proprietary and Confidential Enforcement The newest Jail Cost Statement is $107 million higher than its should cost estimate due to differences across several categories of spend Should cost Does cost Difference Category Millions Millions Millions Target lease 1This includes Education and Medical expenses, which will not be a focus of negotiations KIN us. Immigration 2 May not add exactly due to rounding 81 i@ and Customs I 4 Pre-Decisional - Proprietary and Confidential Enforcement ICE can consider several approaches to anchor the main conversations with vendors in what each category should cost U.S.Immi a ion 2019-ICLI-00048 82 and I5 Pre-Decisional - Proprietary and Confidential Enforcement PRELIMINARY While likely have some arguments ready against this new approach, ICE has standing to push back on their claims Example arguments from vendors Core contention of vendors Possible responses from ICE U.S.Immi aion 2019-ICLI-00048 83 ?Idem? I6 Pre-Decisional - Proprietary and Confidential p/ Enforcement From: (blf6liiblf7lfC) Sent: 19 Jun 2018 17:04:28 +0000 To. Subject: FW: Documentation Request: OIG Review of ICE Detention Contracts OAC 716] Attachments: ERO 2.pdf Is attachment two the latest version of McKinsey? If so I will forward it to Chief of Staff Office of Acquisition Management (OAQ) U.S. Immigration and Customs Enforcement Desk Phone: Cell Phone: 202-906-X7XC) Email: (?unli lnmwallun lm II From Sent: Friday, February 02, 2018 2:39 PM Subject: RE: Documentation Request: OIG Review of ICE Detention Contracts OAC 716] Hi The ERO Change Management project consisted of two different task orders. The first attachment is the original order and the second attachment is a continuation and expansion of the first order. The objectives and scope of each attachment summarizes the work that was performed in support of the ERO Change Management project. The work was not directly related to E0 13781. V/r Chief of Staff Office of Acquisition Management (OAQ) US. Immigration and Customs Enforcement Desk Phone: 202-732- @321 2019-lCLl-00048 84 Cell Phone: 202-906 I From: Sent: Wednesday, January 31, 2018 10:29 AM To: Cc: Subject: RE: Documentation Request: 016 Review of ICE Detention Contracts OAC 716] Hi OAQ will have to defer you to someone at PCN with regards to the first part of the request. OAQ does not have visibility on this topic. Perhaps at can assist you. Executive Order 13781 required agencies to develop reform plans to improve efficiency, effectiveness and accountability of the executive branch. In connection with the OIG review of ICE Detention Contracts, would you please provide us with a copy of ICE's reform plan submitted pursuant this Executive Order (see attached Executive Order 13781 and OMB Guidance related to the order)? OAQ is working on this part of the request: V/r During our discussion with the Office of Acquisition Management I mentioned that a contractor has been engaged by ICE to evaluate the effectiveness and structure of ERO. Would you please provide a description of the work being performed by that contractor and indicate whether that work is related to Executive Order 13781 or is a completely separate endeavor? Chief of Staff Office of Acquisition Management (OAQ) US. Immigration and Customs Enforcement Desk Phone: Cell Phone: I From: Sent: Wednesday, January 31, 2018 9:54 AM To: Cc: Subject: FW: Documentation Request: OIG Review of ICE Detention Contracts OAC 716] Importance: High Can OAQ provide responses for the questions below If so, please respond directly to the inspector with a copy to me. If not, PLMK who 2019-lCLl-00048 85 Thanx. Senior Portfolio Manager OCFO Office of Assurance and Compliance (OAC) Immigration and Customs Enforcement (ICE) (202) 732 From: Sent: Tuesday, January 30, 2018 3:45 PM To: Cc: Subject: Documentation Request: OIG Review of ICE Detention Contracts Executive Order 13781 required agencies to develop reform plans to improve efficiency, effectiveness and accountability of the executive branch. In connection with the OIG review of ICE Detention Contracts, would you please provide us with a copy of reform plan submitted pursuant this Executive Order (see attached Executive Order 13781 and OMB Guidance related to the order)? During our discussion with the Office of Acquisition Management I mentioned that a contractor has been engaged by ICE to evaluate the effectiveness and structure of ERO. Would you please provide a description of the work being performed by that contractor and indicate whether that work is related to Executive Order 13781 or is a completely separate endeavor? Please let me know if you have any questions regarding this documentation request. Thank you, Senior Inspector DHS OIG Inspections Evaluations I (520) 23 were 2019-lCLl-00048 86 Performance Work Statement ICE ERO Transformation Task 3, TCO Procurement Strategy, and Talent Management Strategy December 16, 2016 1. BACKGROUND ICE ERO has a broad role across the US. national and homeland security mission space. Its diverse mission includes identifying and arresting aliens who present a national security, border security, or public safety risk. ERO is also responsible for housing more than 30,000 detainees every day, caring for tens of thousands of unaccompanied minors during transportation, and repatriating aliens to their country of origin. ERO manages a large geographic footprint across the continental United States and 12 overseas locations, with ~7,500 dedicated employees, and coordinates with multiple federal agencies, as well as state and local law enforcement. Across all these missions, ICE must navigate a complex political terrain, changing immigration policies, and the scrutiny of internal federal government partners, state and local government and law enforcement stakeholders, and private sector advocates. ICE has embarked on an ambitious transformation of ERO to empower its people and strengthen public safety and national security in the current (and future) dynamic environment. In March 2016, the organization launched a disciplined three-phased approach: 0 Task 1: Aspire to a bold strategic vision for ERO 0 Task 2: Assess the and weaknesses of the current model, and Architect new strategies and recommendations to address those weaknesses 0 Task 3: Act on those recommendations and Advance the organization 2. OBJECTIVES To date, ERO has completed the Task 1 aspiration, conducted its Task 2 assessment, and architected new strategies and recommendations to advance the organization. ERO now has three objectives: 1. Embark on Task 3 to pilot, re?ne, and implement the Task 2 recommendations 2. Improve and procurement strategy (most notably in detention), and transition to a Total Cost of Ownership approach 3. Enhance talent management for all employees, by investing signi?cantly in recruiting, hiring, and developing front?line staff, supervisors, and leaders 3. SCOPE The Contractor shall provide ERO with innovative strategic consulting services to support ICE in achieving the three objectives above: piloting and implementing the Task 2 recommendations, improving and procurement strategy, and enhancing talent management. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of the effort, and establishing and tracking performance of all activities against metrics for success. Page 1 of6 87 4. PERIOD OF PERFORMANCE Transformation Task 3, Step 1a: January 3, 2017 April 24, 2017 Transformation Task 3, Step 1b: April 25, 2017 June 19, 2017 Transformation Task 3, Step 2a: June 20, 2017 August 14, 2017 Transformation Task 3, Step 2b: August 15, 2017 October 9, 2017 Total Cost of Ownership Step 1: January 3, 2017 February 27, 2017 Total Cost of Ownership Steps 2-4: February 28, 2017 May 22, 2017 Talent Management Strategy Step 1: January 3, 2017 March 13, 2017 Talent Management Strategy Step 2: March 14, 2017 May 22, 2017 5. TASKS AND DELIVERABLES Task 3: Pilot, re?ne, and implement the Task 2 recommendations The current effort includes several Task 3 activities: developing implementation strategies, developing communications strategies, and evaluating the effectiveness of the change. To increase the odds of a successful transformation, the contractor will support ERO in performing two additional steps within Task 3: 0 Step 1: Test and re?ne the Task 2 recommendations via ?eld ?alpha? and ?beta? tests, and at HQ. 0 Step 2: Support the ?rst full wave Wave 1) of the ERO 2.0 roll out and implementation in the ?eld, and continued re?nement at HQ Key activities include: 0 Step 1a. Prepare for, execute, and incorporate lessons learned from the ?alpha? ?eld test in a single AOR Detroit) and the HQ initiatives - Develop a set of detailed materials that provide practical guidelines and best practices for ERO staff to execute the recommendations developed in the Architect phase - Recruit and train a cohort of individuals who will help lead the pilot and subsequent roll-out of the transformation - Test the new strategies and recommendations in a representative ?alpha? ?eld of?ce(s) to re?ne the future-state design, and identify capabilities required to implement 0 Step 1b. Test the detailed best practices, job aides, and training material developed during Step la, and re?ne these materials based on the experience of a ?beta? test in two additional ?eld sites - Re?ne the recommendations, detailed materials, and implementation strategies based on leamings from the ?beta? test Page 2 of6 88 - Re?ne ERO 2.0 HQ roll out 0 Step 2a. Roll out ERO 2.0 to El Paso, Houston, San Diego, and Dallas AORs - Conduct a ?bootcamp? for ERO individuals who will lead Wave 1 implementation - Provide support for individuals who are leading Wave 1 implementation in each AOR - Re?ne the ERO 2.0 set of materials, implementation plan, and best practices based on leamings from Wave 1 implementation - Provide leadership coaching and facilitation to build capabilities of leaders to execute the new model, manage the change, and continuously improve 0 Step 2b. Roll out ERO 2.0 to San Antonio AOR - Conduct a ?bootcamp? for ERO individuals who will lead Wave 1 implementation - Provide support for individuals who are leading Wave 1 implementation in each AOR - Re?ne the ERO 2.0 set of materials, implementation plan, and best practices based on leamings from Wave 1 implementation - Provide leadership coaching and facilitation to build capabilities of leaders to execute the new model, manage the change, and continuously improve Deliverables schedule: Deliverable Delivery Date STEP 1 Draft set of materials to support roll out of ERO 2.0. These materials could include, for example: 4/24/17 ?week in the life" depictions of key roles FODs, SDDOs), ?how to" guides for key processes enforcement, removals, performance management), job aides simple reference guides for front-line staff), and communications materials Successful ?alpha" test of the new model 4/24/17 Successful ?beta" test of the new model 6/19/17 Refined recommendations, based on leamings from the pilot 6/19/17 Refined set of materials, based on leamings from the pilot 6/19/17 Refined implementation strategies master schedule of overall implementation timing, 6/19/17 se uencin of ke initiatives, resource needs based on Iearnin from the ilot Bootcamp training materials for ERO individuals leading the charge. These materials would 8/14/17 include both ?hard? skills instruction on the new enforcement and removals processes) and ?soft" skills change management, influencing, feedback and coaching) Successful implementation of the new model in Wave 1 ?eld offices 10/9/17 Refined set of materials, based on leamings from Wave 1 10/9/17 Task 4: Improve and procurement strategy (most notably in detention), and transition to a Total Cost of Ownership approach The contractor will undertake a four-step plan to both validate the size of and begin to capture signi?cant procurement improvement opportunity. After Step 1, ICE will make a determination on Page 3 of6 89 whether it makes sense to continue work through Steps 2 4 (based on the opportunity identi?ed in Step 1). Key activities include: 0 Hold a kick-off meeting with critical ICE stakeholders to review the plan for Steps 1 4, and launch a data request to gather the required information to begin work outlined in Step 1 0 Step 1: Assess 3-4 high-priority contracts Collaborate with ICE team to select 3 - 4 contracts for robust analysis from high- priority spend categories Conduct detailed analysis of contract services delivered and terms; build ?should cost? analysis and compare against price for each contract to determine if there is value at stake ICE could capture Build Total Cost of Ownership model Define requirements that the TCO model should include Collect and cleanse data Design the conceptual logic of the TCO model Build, test and re?ne the model Build negotiation strategies and implement processes Build negotiation strategy to capture value from should cost and other analysis against high priority spend categories Prepare ICE team for negotiations via role plays, scenario analysis, best-altemative- to-negotiated?agreement (BATNA) analysis, etc Conduct analysis to determine which contracts would be highest priority for ICE to analyze Design process for ICE to regularly assess contracted spend for opportunities to achieve best value for ICE Conduct detailed analysis of contract services delivered and terms; build ?should cost? analysis and compare against price for each contract to determine if there is value at stake ICE could capture Assess OAQ and ERO organizational readiness Assess infrastructure and tools Assess talent and capabilities Recommend pipeline management and roll-out Assess management and tracking processes Assess interface management Page 4 of6 90 - Evaluate the organizational structure Deliverables schedule: Deliverable Delivery Date STEP 1 Detailed should cost estimate for the focus service in each contract. 2/27/17 Estimate of opportunity across all procurement by extrapolating based on ?ndings 2/27/17 from sam le set of 3-4 contracts. levers available to users, and the desired outputs. Prioritized lists of the requirements for modeling TCO across mission lifecycle. 4/10/17 Set of logic flows that collectively illustrate the relationships to be captured by a 4/10/17 MVP version of a TCO model, including the initial data sets that feed the TCO estimate, as de?ned by requirements established in the ?rst stage Data sets to be used in developing a TCO estimate for ICE, including both cost and 4/10/17 performance factors, as well as a list of data gaps and potential workarounds or recommendations for future data collection to fill those gaps. MVP version of a TCO model, including the specific data sets required as inputs, the 5/22/17 Pers ective on the total value at stake and how ICE can ca ture 5/22/17 assess and im rove value ained from hi riorit ICEs end areas Evaluation of ICE pricing tools and databases versus best-in-class for obtaining optimal pricing should cost estimates Negotiation strategy to capture value from the ?should cost" analysis for 3 4 priority 5/22/17 contracts from Step 1, including a summary of sources of leverage in negotiation Negotiation ?script? for 3 4 priority contracts from Step 1 5/22/17 Capability building workshops for negotiation contract analysis team to build skills 5/22/17 to manage negotiations and achieve ?best value" outcome for ICE Recommendation on which contracts OAQ should prioritize going forward for 5/22/17 analysis based on both size of potential opportunity and contract timing Process to use TCO model, should cost, and other procurement tools to regularly 5/22/17 5/22/17 Evaluation of ICE capabilities vs. those required to obtain best-in-class pricing; summary of gaps that must be closed to reach best-in-class 5/22/17 Evaluation of how ICE sets priorities for which contracts to conduct price analysis; evaluation of ICE effectiveness in closing difference between today's price vs. should cost 5/22/17 Evaluation of ICE metrics tracking methodology for driving ?best value" vs. those used by organizations that achieve best-in-class pricing, including use effectiveness of management tools such as dashboards 5/22/17 Evaluation of how effectively OAQ organization engages with leadership and other stakeholders AORs) to build excitement and gain buy in for its efforts or to push for best value procurement decisions 5/22/17 Evaluation of OAQ organization roles and responsibilities versus organizations that achieve best-in-class pricing 5/22/17 Task 5: Enhance talent management for all employees, by investing signi?cantly in recruiting, hiring, and developing front-line staff, supervisors, and leaders The contractor will take a two-step approach to developing and implementing a talent management strategy. Key activities include: Page 5 of6 2019-ICLI-00048 91 0 Step 1: Strategy development - Develop a factual baseline Assess current talent management processes, systems and practices De?ne a key set (3-5) of near-term initiatives for further design and/or immediate implementation to gain momentum through ?quick wins.? Conduct senior leadership ?vision? workshop 0 Step 2: Strategy implementation - Build and pilot initiatives for each priority area - Continue to engage the senior management team and staff throughout the initiative development process Deliverables schedule: Deliverable Delivery Date STEP 1 Factual baseline and assessment of current talent management processes, 2/13/17 systems and practices across levels and segments Prioritized set of gaps that must be addressed in Step Two 2/13/17 Talent management strategy with analysis and references 3/13/17 Detailed recommendations on changes needed to existing practices, processes, 3/13/17 and systems required to close key gaps Alignment across key stakeholders on overall vision for talent management and key 3/13/17 ass and ca abilities that need to be addressed Identification of ERO leadership sponsors to carry initiatives through to national 4/17/17 level implementation Prioritized set of initiatives, with some initiatives piloted and adjustments made 5/22/17 based on ?ndings Communications materials to provide an understanding of the changes and effort by 5/22/17 ERO's staff Page 6 of6 2019-ICLI-00048 92 Quality Assurance Surveillance Plan ICE ERO Transformation Task 3, TCO Procurement Strategy, and Talent Management Strategy December 16, 2016 1. INTRODUCTION This Quality Assurance Surveillance Plan has been developed to evaluate Contractor performance while implementing the Performance Work Statement (PWS). It is designed to provide an effective surveillance method for monitoring and evaluating the Contractor?s performance for the requirements listed in the PWS. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved. In this contract, the quality control program is the driver for service quality. The Contractor is required to develop a comprehensive program of inspections and monitoring actions. The major step to ensuring a ?self-correcting? contract is to ensure that the quality control program approved after contract award provides the measures needed to lead the Contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a quality program. 2. OBJECTIVE This plan provides a quality surveillance strategy for ICE ERO Transformation Task 3, TCO Procurement Strategy, and Talent Management Strategy. The primary intent of the plan is to provide a basis for the Contracting Of?cer?s Representative (COR) evaluation of performance quality. Oversight of Contractor performance will assure quality performance. The plan will also afford the COR and Contracting Officer (CO) a productive mechanism to preclude major deficiencies in performance, provide input for annual contractor past performance evaluations, and make the determination for exercising of contract options. 3. PERFORMANCE INDICATORS (MEASURES). Surveillance of contractor performance will be performed by the appointed COR and the CO based on the surveillance methodologies identi?ed in the Performance Requirements Summary (PRS). The following primary task areas of the contract will be the basis from which all surveillance will originate: ERO Transformation Task 3 3.1 Step la: Prepare for, execute, and incorporate lessons learned from the ?alpha? field test in a single AOR Detroit) and the HQ initiatives 3.2 Step 1b: Test the detailed best practices, job aides, and training material developed during Step 1a, and refine these materials based on the experience of a ?beta? test in two additional ?eld sites 3.3 Step 2a. Roll out ERO 2.0 to El Paso, Houston, San Diego, and Dallas AORs 3.4 Step 2b. Roll out ERO 2.0 to San Antonio AOR TCO Procurement Strategy Page 1 of5 93 3.5 Step 1: Assess 3-4 high-priority contracts 3.6 Step 2: Build Total Cost of Ownership model 3.7 Step 3: Build negotiation strategies and implement processes 3.8 Step 4: Assess OAQ and ERO organizational readiness Talent Management Strategy 3.9 Step 1: Strategy development 3.10 Step 2: Strategy implementation 4. EVALUATION METHODS The COR efforts will primarily be based on verification and monitoring of the Contractor?s performance. For each deliverable outlined in Section 5, the COR will work with ERO Project Leadership to complete the ?Quality Assurance Monitoring Form? (see Appendix A). This form provides a record of acceptable performance and ensures that McKinsey has met the stated objectives and/or performance standards, including cost, technical, and scheduling objectives. The COR and McKinsey?s Contract Manager will retain a copy of all completed QA surveillance forms. 5. PERFORMANCE REQUIREMENT SUMMARY The absence of any contract requirement from the PRS shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract. DHS ICE ERO TRANSFORMATION TASK 3, TCO PROCUREMENT STRATEGY, AND TALENT MANAGEMENT PERFORMANCE REQUIREMENTS SUMMARY (PRS) Work to be Performed Source of Information Performance Standards ERO Transformation Task 3 Accept- able Quality Levels Delivery Date Methods of Surveillance Step 1a. Prepare for, Delivered within the 100% 4/24/2017 100% Inspection - The execute, and stated timeframe ERO COR shall review incorporate lessons using the Quality learned from the Contain agreed-upon Assurance Monitoring ?alpha? field test in 3 elements Form single AOR Detroit) and the HQ initiatives Step 1b. Test the Delivered within the 100% 6/19/2017 100% Inspection The detailed best stated timeframe ERO COR shall review practices, job aides, using the Quality and training material Contains agreed-upon Assurance Monitoring developed during elements Form Step 1a, and refine these materials based on the experience of a Page 2 of 5 94 Work to be Performance Accept- Delivery Date Methods of Surveillance Performed Source Standards able of Information Quality Levels ?beta? test in two additional ?eld sites Step 2a. Roll out Delivered within the 100% 10/9/2017 100% Inspection The ERO 2.0 to El Paso, stated timeframe ERO COR shall review Houston, San Diego, using the Quality and Dallas AORs Contain agreed-upon Assurance Monitoring elements Form Step 2b. Roll out Delivered within the 100% 10/9/2017 100% Inspection The ERO 2.0 to San stated timeframe ERO COR shall review Antonio AOR using the Quality Contain agreed-upon Assurance Monitoring elements Form Step 1: Assess 3-4 Delivered within the 100% 2/27/2017 100% Inspection The high-priority contracts stated timeframe ERO COR shall review using the Quality Contain agreed-upon Assurance Monitoring elements Form Step 2: Build Total Delivered within the 100% 5/22/2017 100% Inspection The Cost of Ownership stated timeframe ERO COR shall review model using the Quality Contain agreed-upon Assurance Monitoring elements Form Step 3: Build Delivered within the 100% 5/22/2017 100% Inspection The negotiation strategies stated timeframe ERO COR shall review and implement using the Quality processes Contain agreed-upon Assurance Monitoring elements Form Step 4: Assess OAQ Delivered within the 100% 5/22/2017 100% Inspection The and ERO stated timeframe ERO COR shall review organizational using the Quality readiness Contain agreed-upon Assurance Monitoring elements Form _trategy Step 1: Strategy Delivered within the 100% 3/13/2017 100% Inspection The development stated timeframe ERO COR shall review using the Quality Contain agreed upon Assurance Monitoring elements Form Step 2: Strategy Delivered within the 100% 5/22/2017 100% Inspection The implementation stated timeframe ERO COR shall review using the Quality Contain agreed upon Assurance Monitoring elements Form If the deliverable is unacceptable, McKinsey will be allowed two business weeks to redress any identi?ed shortcomings in performance at no cost to ERO. The COR will coordinate and communicate with the McKinsey Project Manager and Contract Manager to resolve issues and concerns regarding marginal or unacceptable performance. The COR Page 3 of5 95 and Contractor shall jointly formulate tactical and long-term courses of action. Decisions regarding any changes to metrics, thresholds, or service levels will be clearly documented. Changes to service levels, procedures, and metrics will be incorporated as a contract modi?cation when necessary. Page 4 of5 96 APPENDIX A: QUALITY ASSURANCE MONITORING FORM STEP: SURVEILLANCE METHOD: 100% Inspection LEVEL OF SURVEILLANCE: Per Step ANALYSIS OF RESULTS: Performance standard Quality level The deliverables and the related interactions between El Meets McKinsey and ERO personnel have been high quality and Standards dellvered W1th1nthet1meframes outllned 1n the QASP. CI Does not meet Standards Comments: PREPARED BY: DATE: Page 5 of5 97 From: Sent: 24 Sep 2018 18:56:52 +0000 To: Subject: FW: DSCS (Version 091UL2018) Attachments: IGSA DSCS (Version 091UL2018).xlsx, lCEdedicated DSCS Please distribute the attached Jail Cost Statements to your teams. I will save in our folders. Thanks, CFCM Detention, Compliance and Removals (DCR) Unit Chief DHS ICE Office of Acquisition Management (OAQ) Phone. 202 732- mobile: 202- 3l4sm mail: KDXG) From: Sent: Monday, September 24, 2018 2:55 PM T0: Cc: Subject: DSCS (Version 09JUL2018) -Ik\l7 Good afternoon, Glad to have to back I would like to ask (at your convenience) to redistribute the two attached McKinsey DSCS to the ?eld. To this day, we are still receiving multiple versions of the cost statements from the vendors. The two attached forms (dated 09JUL2018) are the latest versions that include additional rows as well as corrected links. Thank you. Standing by for any questions. (bll6) Operations Research Analyst Immigration and Customs Enforcement Enforcement and Removal Operations E-mail: I 98 Office: 202-732- Cell: 202-308- 99 From: Sent: 16 Oct 2017 16:19:04 -0400 To: Cc: Subject: FW: 192118EROLESA0001 McKinsey Funding Attachments: ICE ERO-Phase 3 ERO 2.0 Step 3 and Step 4_Price (2).pdf, Decision Transformation Contract.pdf, ERO Transformation 2.0 - ICE (bll?l Our funding request was sent to ERO Budget. See below where stated the work fits. Hope you agree, but if not that?s ok you can add where you believe it is a better match. Thank You Office 202-732-4522 Cell 202-487- From: Sent: Monday, October 16, 2017 3:50 PM To: Cc: Subject: 192118EROLESA0001 McKinsey Funding Good afternoon I am attaching the requisition for the additional funding request for McKinsey. I have also provided you the RFQ from McKinsey, and the base contract document with my highlights so that you can follow the logic I am using. Please let me know if you agree or have edits. It appears that the additional funding is requested for Transformation Task 3 which was the ERO 2.0 task orders on the base contract numbers 1001-1004. have proposed this as CLIN 1005 on Task Order 3 with initial funding for 3a for the first of three steps. If we follow the incremental funding schedule by invoice, the Step 4 requirements will not be funding until the Dec-Jan time frame. Also attached are the BWS information that I have. I will be teleworking tomorrow, you can feel free to email me or call me on my cell. Thanks, Shirley 2.0 INVOICE SCHEDULE McKinsey proposes the following invoice schedule for the services. Invoice Period Invoice Date Invoice A ou October 16, 2017 November 16, (WW November 15, 2017 2017 November 16, 2017 December 16, December 15, 2017 2017 2019-ICLI-00048 100 December 16, 2017 January 15, 2018 Invoice Period January 16, 2018 February January 16, (W4) 2018 Invoice Date Invoice Amount February 16, 15, 2018 2018 February 16, 2018 March March 16, 15, 2018 2018 March 16. 2018 April 15, 2018 April 16,2018 rmrm-rhy?rm Management Program Analyst Department of Homeland Security U, S. Immigration and Customs Enforcement Enforcement and Removal Operations (tROl law anorrement Systems and (l 500 12?" Street SW/Washington, DC 20536 Desk 202 732 3959/Cell 202 607 131(6) 101 LMBEI REQUISITION MATERIALS-SUPPLIES-EQUIPMBIT 2. DATE 16-OCT-2017 3. ACTIVITY smear. See Attachm nt A SEE INSTRUCTIONS ON REVERSE 4. TO: -- PROCURBJBIT SETION (OR STOREFIOOM) 5. FROM: -- REDUSITIONEFI COMPLIANCE a. RBIOVALS ICBBO-FHO-LEA IM MIGRATION AM) CUSTOMES BFORCBJ BIT OFFICE OF ACOUSIONTION MANAGBIBIT am I STRET, NW DC 20536 500 12TH ST SW MAIL STOP 5206 WASHMTON, DC 20536 05 STOCK MM BER DESCRIPTION OF ARTICLE QUANTITY UMT COST (MAKE. MOM. TYPE. SIZE COLOR. MFGR. ETC) m1 pace AMOLNT 1005 BITAL FWNG FOR ADDITIONAL TRANSFORMATION TASK 3 SERVICES. 1 EA STABLISH TASK ORDB 1005 3A. UNFUNDED Subject to Availability of Funds Justification: ADDITIONAL FUNDING FOR CONTRA CT. INCREVIWTAL FUNDING TO ADD TRANSFORMATION TA SK 3 STEP 3A. TASK ORDER POP 10/16/17-11/15/17. R799 Recom ended Vendor: 562405213 COMPANY, INC. WASHI 1200 19TH ST NW SUITE 1 100 WASHINGTON, DC 20036-2412 Phone: 13. SIGNATURE OF APPROVING OFFICIAL Date 14. TITLE OF APPMVING OFFICIAL 24. SIGNATURE OF FINDING OFFICIAL Date . 25. TITLE OF Fumms OFFICIAL 15. MGMT PROG ANAL TOTAL 703,879 79 16. KEY TO ACTION CODE . PROCIBBABIT SECTION (0R SUBSTITUTE ITBJ . 2 17. DATE REBVEJ 19. PWCHASE ORDER 3 BACK 030m 3 ABLE To IDBWTIFV DATE MM 35:. PURCHASE.) FOR DIRET SI-IPMBIT 0 0118-- ?3 "0'05733 18. APPROVE) 1 CANCELED-STOCK EXHAUSTEJ I THAT HE ABOVE ARTICLB -- COLWNS 3, 9 AM) 12 - HAVE BEBI REVS. 20. LOCATION 21. DATE 22. SIGNATURE 23. TITLE United States Department Of Homeland Security Immigration And Customs Enforcement FORM (REV. 8-1-5 Page 1 of 3 2019-ICLI-00048 102 INSTRUCTIONS Use Form G-514 - continued on Form G-514.1 -- To requisition materials, supplies, and equipment through the Procurement section of the Regional (or Central) Office; or from a Service-operated Storeroom. Copies - Distribution Prepared by requistioner in an original and two copies, sending original (w hite) and Copy 1 (pink) to: Procurement Section (or Storeroom), and retaining Copy 2 (green). Procurement Section (or Storeroom) shall, as a rule, pack Copy 1 with shipment, or return it to requisitioner with appropriate advice. Entries g! reguisitioner: 1. Nurrber consecutively, beginning ith number one each fiscal year, and prefix ith alphabetic location and last two digits of fiscal year 9., MIA- 58- 1, MIA- 58- 2, MIA- 58- 3 etc, MIA- 59- 1, MIA- 59- 2, MIA- 59- 3, etc. .Number continuation sheets with numerical suffix(e.g., 1.1, MIA-58- 1 .2 MIA- 58- 1.,3 etc. Enter date of pre atio Enter nurnericals ol . Enter name and a - ., ection, Immigration and Naturalization Se Ice, . 5. Enter f_u l name, title, and a_tddress so that shipping label may be prepared without reference to address directory con nee is qui ner enter In litions und ?Sun 13 1e ek?'iit? 712136 Asva do? EFigmlel 3 Enter full description article, attach sketches, plans, samples, etc. If signee is other than requisitioner, enter shipping instructions. 8. Enter issue - unit quantity. 9. Enter unit of issue each, doz., C, gross, ream, lb., cw t, ton: bag, ball, bot., box, can, pkg., roll, tube; pt., qt., gal., etc.) 13. Signature of approving official. 14. Enter title of approving official. 24. Signature of funding official. 25. Enter title of funding official. By Procurement Section or Storeroom): 10. Enter unit price. 11. Enter product of Entries 8 and 10. 12. Enter of action taken. See Entry 16. 15. Enter total of amounts under Entry 11. 17. Enter date requisition received. 18. Signature of approving officer. 19. Enter, if issued, date and number of purchase order. ?y consignee: 20. Enter address - city and state. 21. Enter date shipment received. 22. Signature of employee authorized to accept delivery. 23. Enter title of receiving employee. United States Department Of Homeland Security Immigration And Customs Enforcement FORM 6-514 (REV. 8-1-5 Page 2 of 2019-ICLI-00048 103 Form G-514 REQUISITION - MATERIALS-SUPPLIES-EQUIPMENT Activity Symbols ATTACHMENT A REQUISITION NUMBER: PROJECT TASK FUND PROGRAM ORGANIZATION OBJECT UDF AMOUNT W00 TFM E1 18- 06- 01 00-50-00-00-00 6525-76-00 000000 $703,879.79 UNFUNDED Subject to Availability of Funds APPROPRIATION SYMBOL CROSSWALK: FUND FY . TAS TITLE AMOUNT E1 703,879.79 United States Department Of Homeland Security And Customs Enforcement FORM 6-514 (REV. 8-1-5 Page 3 of 104 McKinsey &Company United States Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations Transformation Task 3, Steps 3-4 Request for Quote (RFQ) Volume 2: Price Quote Submitted: October 11, 2017 Submitted to: Submitted by: ICE Detention Compliance McKinsey Company, Washington Removals Immigration and Customs Enforcement Senlor Partner Contracting Officer 1200 19In Street, NW, Suite 1100 801 Street, NW- Washington, DC 20036 Washington, DC 20536 This proposal is the property of McKinsey Company, Inc. Washington D. C. (?McKinsey?Q and must not be disclosed outside the Government or be duplicated. used, or disclosed?in whole or in part?for any purpose other than to evaluate this proposal. If a contract is awarded to McKinsey as a result of, or in connection with, the submission of this proposal, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract and subject to the limitations of the Freedom of Information Act. This proposal contains confidential and proprietary information that is exempt from disclosure under Section of the Freedom of Information Actseq. According/y, no portion of this proposal should be released without consulting McKinsey Company. This proposal is contingent on the Parties reaching mutually agreeable terms and conditions and upon acceptance of any limitations described herein. 120019?h Street, NW. Suite 1100 Washington. DC 20036 I (202) 662-3300 2019-ICLI-00048 105 McKinsey &Company October 11, 20l7 Immigration and Customs Enforcement Contracting Officer 801 I Street, Washington, DC 20536 Subject: Request for Quote (RFQ) for Immigration and Customer Enforcement (ICE) Enforcement and Removal Operations (ERO) Transformation Task 3, Steps 3-4 Dear Please find attached McKinsey Company, Inc. Washington (McKinsey) response to IC E?s request for response to request for support on Transformation Task 3, Steps 3-4. We look forward to the potential to continue our support and partnership with ICE on this critical transformation effort. By selecting McKinsey, ICE gains a partner who provides: 0 A clear path to success that builds on the momentum of the ERO 2.0 transformation to deliver and sustain improvements to mission outcomes and employee morale 0 Resources and expertise in the form of senior leadership and consultants, with decades of transformation experience, who will continue to spend real time on the ground working collaboratively with ICE and ERO leadership 0 Unbiased, objective, confidential advice, with a focus on increasing capabilities If you have any questions about our proposal response, please not hesitate to contact me. I can be reached at For contractual questions, please contact -Contracts Manager at I Sincerelv- Senior Partner 120019?h Street. NW. Suite 1100 Washington. DC 20036 i (202) 662-3300 2019-ICLI-00048 106 McKinsey &Company 1.0 MCKINSEY PRICE In accordance with the Request for Quote (RFQ) dated October 10, 2017, McKinsey Company, Inc. Washington DC. (McKinsey) is pleased to present our pricing for the following requested additional services and deliverables under our existing Contract No. [88, Order No. 00003. Our proposed pricing is in accordance with our GSA Professional Services Schedule (PSS) Contract No. l8S rates. For each distinct additional service requested, the proposed level of effort is commensurate with the requirements of the Statement of Objectives provided. 1.1 Transformation Task 3, STEPS 3-4 To calculate our Firm-Fixed Price for the additional Transformation Task 3 services, we estimated the Our leadership and support teams will scale up and down, as necessary, during performance of the engagement to complete the tasks and deliverables described in our technical approach. McKinsey has developed its Firm Fixed Price for the additional Transformation Task 3 services with an estimated start date of October 16, 2017 and continuing for a period oll(b)(4) While the proposed services are only estimated to require Isince McKinsey will not have a team deployed the last week of December. McKinsey proposes a task order period 0f(b)(4) Our proposed price is provided beloullbx?l) McKinsey&Company 2019-ICLI-00048 107 McKinsey &Company DHS ICE - Extension STEPS 3 4 Ste 3 Team Ste 4 Team A DISCOUNTS TOTAL 2.0 INVOICE SCHEDULE McKinsey proposes the following invoice schedule for the services. Invoice Amount Invoice Period Invoice Date October 16, 2017 November 15, 2017 November 16, 2017 November 16. 2017 December 15, 2017 December 16, 2017 December 16, 2017 January 15. 2018 January 16, 2018 Invoice Amoun Invoice Date February 16, 2018 lnvoice Period January 16, 2018 February 15, 2018 February 16,2018 March 15, 20l8 March l6, 20l8 March 16, 2018 April 15, 2018 April 16, 2018 . 1 McK1nsey&Company 108 Of?ce oft/1e (?hitff Financial Of?cer US. Department of Homeland Security 500 Street. NW Washington. 20536 US. Immigration and Customs Enforcement AUG 18 2015 MEMORANDUM FOR: Thomas Homan Executive Associate Director, ERO Bill Weinber Director ?lm. of Contra :ting Activity (HCA) Executive Director. BWS Program Management Office FROM: SUBJECT: Approval for New Work Request: ERO Transformation Enforcement and Removal Operations (ERO) Contract#: Task Order#: TBD Base Contract Value: $2.4M/annually- 6 CME The purpose of this memo is to communicate and establish accountability for a sourcing and implementation decision made by the Balanced Workforce Strategy (BWS) Program Management Office. This BWS Sourcing Decision relates to a New Work request, valued at $2.4M/annually, ending on September 27, 2018. This contract is for six (6) providing support for an assessment of the personnel, processes, technology, and infrastructure that support the m1ssron. Based on a review of your request, the BWS analysis has determined the work can be performed through contracted services. The key aspects of this request that in?uenced this decision included the need for specialized services or subject matter expertise that is currently not in-house and the presence of appropriate federal oversight. It is the Program Office?s responsibility to ensure that appropriate oversight remains in place. The BWS Program Office review will be required if there is a significant cost increase or change in scope during the lifecycle of this contract. Please ensure your mission support staff and relevant program managers continue activities required to maintain future contract support, and allow adequate lead-time to accommodate applicable reviews. Once this request has been awarded, please forward the obligation documentation (including the contract number and task order number), associated with this work. If the Program Office does not concur with this sourcing decision, contact the BWS Program Of?ce as soon as possible and submit a written appeal within ten (10) business days to the BWS Requisition Review BOX (at cc: Kika Scott, Adalis Morales 109 US. immigration and BWS Balanced Workforce Assessment Tool (SWAT) . Enforcement Dedslon Document oars: 12/29/2016 DESK OWN I it: omcc ERO mocrwa omt: suoomcc Contract Worth: We ERO Transformation 2.0 mi Order I HSCECR-17-F-00003 Contract in GS-10F-01185 Count 6 arm mum ID a POdhiam_010524S7 man a 2190 mi Value 514.000.000.00 514.000.000.00 Period oli'eriormanca 1/3/2017 - 10/09/2017 Decisioniustlikatlon Need for specialized services or subject matter expertise that are currently not in-house Approve for contracting mm: Please coordinate with BWS PMO prior to any significant modification to this work and before this worit _is neoornty ted the own tools recommends a minimum 3? ol Federal employees to mitigate the ririr to the mission oi the Department. Please Indicate the answer that best describes your (omponcnt's sourdng decision. I 25 I st litecommended Minimum ,6 of Federal Employees Performing the function or Providing Oversight to the function Current 9? Federal Employees the iunction or Oversight to the Function Yamm?dmai?nwesuhem Dogwuw?dmumwmbem. no A This 065 NOT ?an: inherently functions mmoocsmoenmnumuwmuwwmmomumrm Spooal ormtremyuemactcoerateszor I it is the Program Oillce' a responsibility to ensure that appropriate oversight is in place. the Program Oil-cc review wil be required it there is a sunriicant cott increase or change in scope during the lclecycle ol contract. Please ensure your nussion support stall and relevant program managers continue actMlIes reqwed to maintain luture contract support. and allow adequate lead-time to accommodate applicable reviews. It this work was revrevved prior to award. please iorward the oblgation documentation (mind-n: the contract number and task order number), associated with this worlt at the time of the award. lithe Program Office does not concur With this sourcing decision. contact the BWS Program Other: as soon as possible and submrt a vmtten appeal within ten (10) business days to the BWS Hamilton 30' cm sacrum? one acmowuocmcm or costume aws rom NAME: I NAME: mic: a mu: sternum WC) I srcnaruat: DATE: DAR: no a: was no ews MANAGMM ?mow. NM: NAME: rmc: mu: mrunc: sicuarunc: oars: one: 2019-ICLI-00048 110 FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12REQUISITION NUMBER See Schedule PAGE 0F 1 38 2. CONTRACT NO. 3. 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION EFFECTIVE DATE ISSUE DATE 7. FOR a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE TIME INFORMATION CALLISSUED BY CODE l1 CE DCR 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: FOR: ICEDETENT ION COMPLIANCE REMOVALS WOMEN-OWNED SMALL BUSINESS SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED IMMIGRATION AND CUSTOMS ENFORCEMENT mmnmeamu .mmE OFFICE OF ACQUISITION MANAGEMENT BUSINESS 8 0 1 I STREET NW Sigg??go SIZE STANDARD: WASHINGTON DC 20536 SMALL BUSINESS 11, DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS Ne 12 3 0 13a. THIS CONTRACT IS A MARKED 14. METHOD OF SOLICITATION SEE SCHEDULE I I RFC, .FB REP 15. DELIVER TO CODE I CE ERO ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW WASHINGTON DC 20536 16. ADMINISTERED BY CODE IICE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 17a. OFFEROR FACILITY CODE CODE 8252293180000 MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 188. PAYMENT WILL BE MADE BY DHS ICE BURLINGTON FINANCE CENTER PO BOX 1620 ATTN ICE-OCFO-OFM-DFC WILLISTON VT 05495-1620 TELEPHONE NO. 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 183 UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF QUANTITY UNIT UNIT PRICE AMOUNT DUNS Number: 825229318 COR: (202) 732 ImumxmanI (DIETS I A .. I I Contract Specialist: WI (202) (Use Reverse and/orAttach Additional Sheets as Necessary) Contracting Officer: (202) 732-- 25. ACCOUNTING AND APPROPRIATION DATA See schedule 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 608,792 .49 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212?3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. DATED . YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orpn'nt) I 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 212012) Prescribed by GSA - FAR (48 CFR) 53.212 2019-ICLI-00048 111 2 of 38 19. ITEM NO. 20. SCHEDULE OF 21 . QUANTITY 22. UNIT 23. 24 UNIT PRICE AMOUNT 1001 7 This order establishes the Task Order entitled, "Enforcement and Removal Operations Transformation 2.0" between Immigration and Customs Enforcement and McKinsey Company, Inc. Washington DC, to provide integrated consulting services. Services shall be provided in accordance with the attached Performance Work Statement and Quality Assurance Surveillance Plan as well as the Vendor?s technical quote dated December 2, 2016, which is hereby incorporated by reference. All prices are in accordance with the Vendor's updated price quote dated December 12, 2016. This order is placed against the Vendor's GSA Schedule Contract and is subject to the terms and conditions of the GSA Schedule contract and the terms and conditions attached to this order. Exempt Action: Period of Performance: 01/03/2017 to 10/09/2017 Transformation Task 3 Step la: Test and refine the Task 2 recommendations in one 'alpha' pilot site Fully Funded Obligation Amount: Continued 3,017,439.00 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED. AND CONFORMS TO THE CONTRACT. EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 326. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 329. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL 38. SIR ACCOUNT NUMBER 39, SIR VOUCHER NUMBER 40. PAID BY 413. CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 423. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 420. DATE 42d. TOTAL CONTAINERS 2019-ICLI-00048 112 STANDARD FORM 1449 (REV. 212012) BACK REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 3 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEMNO. AMOUNT (A) (B) (C) (D) (E) (F) Incrementally Funded Amount: Requisition No: 192117EROLESA0006 Delivery: 1 Days After Notice to Proceed Accounting Info: (MUXB Fundedz mxm 1002 Transformation Task 3 0.00 Step lb: Test and refine the Task 2 recommendations in two 'beta' pilot sites Amount: ?(Option Line Item) 04/24/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accounting Info: Funded: 1003 Transformation Task 3 0.00 Step 2a: Support wave implementation and build capabilities in 4 Wave 1 sites Amount: (Option Line Item) 06/19/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accountin- Info: FundedszQ 1004 Transformation Task 3 0.00 Step 2b: Support wave implementation and build capabilities in additional 1 Wave 1 site (San Antonio) Amount: _Option Line Item) 08/14/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Continued NSN 7540-01-152-8067 20194CLL00048 113 OPTIONAL FORM 336 (4-86) Sponsomd by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 4 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Accounting Info: Funded: 2001 Total Cost of Ownership Procurement Strategy 628,633.00 Step 1 Fully Funded Obligation Amount: mum Incrementally Funded Amount: Requisition No: 192117EROLESA0007 Delivery: 1 Days After Notice to Proceed Accounting Info: Funded: 2002 Total Cost of Ownership Procurement Strategy 0.00 Steps 2-4 Amount: bum (Option Line Item) 02/23/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: MANAGEMENT: OTHER Accounting Info: Funded: me 3001 Talent Management Strategy Step 1: Strategy Development Fully Funded Obligation Amount: Incrementally Funded Amount: Requisition No: 192117EROLESA0005 Delivery: 30 Days After Award Accounting Info: Funded: mxu 3002 Talent Management Strategy Step 2: Strategy Implementation Amount: ?Option Line Item) 03/06/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Continued 1,309,955.00 NSN 7540-01-152-8067 2019-ICLI-00048 114 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 5 38 NAME OF OF FEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accounting Info: Funded:(mM) INVOICE PAYMENT: INVOICES MAY NOT BE SUBMITTED IN ADVANCE AND PARTIAL INVOICES WILL NOT BE ACCEPTED. PLEASE ENSURE THE FOLLOWING INSTRUCTIONS ARE FOLLOWED TO AVOID PAYMENT DELAYS DUE TO REJECTED INVOICES. The Burlington Finance Center now handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1-866-233-1915, Option 3 Contractors please use these procedures when you submit an invoice for all acquisitions emanating from and pertain to all invoices submitted. 1. Invoices shall now be submitted via one of the following three methods: a. By mail: Burlington Finance Center P.O. Box 1620 Attn: Willinston, VT 05495-1620 or b. By facsimile (fax) at: 802?288 (include a cover sheet with point of contact of pages) c. By e?mail at: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Burlington Finance Center (BFC) handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1?866?233?1915, Option 3. l. Contractor Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration Continued NSN 7540-01-152-8067 115 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 6 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) prior to award and shall be notated on every invoice submitted to to ensure prompt payment provisions are met. The ICE program office identified in the delivery order/contract shall also be notated on every invoice. 2. In accordance with Contract Clauses, FAR 52.212-4 Contract Terms and Conditions, Commercial Items, the information required with each invoice submission is as follows: An invoice must include: Name and address of the Contractor; (ii) Invoice date and number; Contract number, CONTRACT LINE ITEM NUMBER (CLIN) and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232-33, Payment by Electronic Funds Transfer; Central Contractor Registration by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if Continued NSN 7540-01-152-8067 116 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 7 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) the Government waived the requirement to pay by EFT. Invoices without the above information may be returned for resubmission. Receiving Officer/COTR/Program Office POC: Each Program Office is responsible for acceptance and receipt of goods and/or services. Upon receipt of goods/services, complete the applicable FFMS reports or BFC will not process the payment. The total amount of award: WXM The obligation for this award is shown in box 26. NSN 7540-01-152-8067 20194CLL00048 117 OPTIONAL FORM 336 (4-86) Sponsomd by GSA FAR (48 CFR) 53.110 From: Sent: 29 Nov 2017 09:52:13 -0500 T0: Subject: FW: 192118EROLESA0008 Attachments: here is the mod to deobligate funds from the ?16 Mckinsey order. The deob amounts match up with the FM reports I ran so it should be good to go. Let me know and I?ll get it to for review. Just as an aside, the $25k that we obligated to exercise the current option period back in March is still sitting in FFMS and hasn?t been invoiced for yet. That is why I asked if they planned on adding funds or exercising the option (below). I?m just not sure what their plan is for this order. From? Sent: Wednesday, November 29, 2017 9:10 AM To: Cc: Subject: RE: 192118EROLESA0008 We are still waiting guidance from the front office on the funding for the remainder of this task order. We will reach out to budget and see if there are any updates. Thanks, From: Sent: Wednesday, November 29, 2017 9:05 AM TO: Subject: 192118EROLESA0008 Good morning I?m processing your requisition to deob some funds from the '16 McKinsey order I expect to get this out to them for signature today. Just for our planning purposes, do you know if you?ll plan on adding funds to this order and/or exercising the next option period? Contract Specialist Detention, Compliance, and Removal 202-732- 2019-lCLl-00048 118 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1? CONTRACT '0 CODE PAGE PAGES 1 2 2. NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REQ. NO. 5. PROJECT NO. (Ifappiicabie) P00006 See Block 16C 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (If other than Item 6) CODE I ICE DETENT ION COMPLIANCE REMOVALS IMMIGRAT I ON AND CUSTOMS ENFORCEMENT OFFICE OF ACQU I I ION MANAGEMENT 801 I STREET NW WASHINGTON NAME AND ADDRESS OF CONTRACTOR street, county. State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASH INGTON DC ATTN 9B. DATED (SEE ITEM 11) 1200 19TH 10A. MODIFICATION OF N0. WASHINGTON DC 20036 108. DATED (SEE ITEM 13) CODE 8252293180000 03/14/2016 11. THIS ITEM ONLY APPLIES To AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received prior to the opening hour and date speci?ed. 12. ACCOUNTING AND APPROPRIATION DATA (If required) Ne 12 Decrease See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying of?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authority) Deobligation of funds E. IMPORTANT: Contractor is not, is required to sign this document and retum 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: (202) I Alt. COR: (202) I Contracting Officer: (202) The purpose of this modification is to deobligate funds from CLINs 1001 and 1002 in the amount of mum All other terms and conditions remain unchanged. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) OXOKWUXC) I 158. 150. DATE SIGNED 168. UNITED STATES OF AMERICA 160. DATE SIGNED (Signature of person authorized to sign) (Signature of Contracting Of?cer) NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10?83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 119 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC WEMNO. (A) SUPPUESCERWCES (B) QUANTITY UNIT (C) (D) (E) AMOUNT (F) 10001 10002 Exempt Action: Sensitive Award: NONE Delivery: 30 Days After Award Discount Terms: Net 30 Delivery Location Code: ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW WASHINGTON DC 20536 Accounting Info: (MUXB FOB: Destination Period of Performance: 03/21/2016 to 03/20/2018 Change Item 10001 to read as follows(amount shown is the total amount): BASE PERIOD CHANGE MANAGEMENT SERVICES Change Item 10002 to read as follows(amount shown is the total amount): BASE PERIOD TRAVEL 3,517,031.57 48,614.97 NSN 7540-01-152-8067 201940LL00048 120 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REOUISITION 2. DATE 14-Nov-2017 3. ACTIVITY SYMBOL See Attachm ent A SEE INSTRUCTIONS ON REVERSE 4. TO: NAME AND ADDRESS -- BIT SECTION (OR STOREOOM) 5. FROM: NAME AND ADDRESS -- REOUISITIONE COM REMOVALS ICEEOFHOLESA IMMIGRATION AND CUSTOMES ENFORCEMENT OFFICE OF ACOUISIONTION MANAGEM ENT 001 I STREET, Nw_ 202-732- DC 20536 500 12TH ST sw MAIL STOP 5206 WASI-INGTON, DC 20536 US STOCK NUMBER DESCRIPTION OF ARTICLE OUANTITV UNT COST (MAKE, MODEL, TVPE. SIZE. COLOR, MFGR, um AMOUNT 10001 OEOBLIGATE FUNDING FROM ITEM 1 MDL 1 IN THE AMOUNT OF-FROM FUNDING 1 EA STRING BA-31-59-00-000 1&06-0800-10-00-00-00-00 GE-25-37-oo. FUlDlm STRING CLOSE. .. .. 10002 DEOBLIGATE FROM ITEM 4 MDL 1 IN THE AMOUNT 1 EA STRING BA-31-59-00-000 1a-os-oaoo-1o-oo-oo-oo-oo 6525-37-00. STRING CLOSE. Justification: DE-OBLIGATE FUNDS FROM GS-10F-01 MCKINSEY CONTRACT IN THE AMOUNT OF R799 Recommended Vendor: 562405213 COMPANY, INC. WASHI 1200 19TH ST NW SUITE 1 100 WASHINGTON. DC 20036-2412 Phone: 13. SIGNATURE OF APPROVING OFFICIAL Date 14. TITLE OF APPROVING OFFICIAL 14-Nov-2017 SUPVY MGMT PROG ANAL 24. SIGNATURE OF FUNDING OFFICIAL Date 25. TITLE OF FUNDING OFFICIAL 15. 14-Nov-2017 MGMT FROG ANAL Tom 0 00 16. KEV To ACTION CODE PROCUREMENT SECTION (OR STOREROOM) SUBSTITUTE ITEM 2 CANCELLED-NOT STOCKED 17. DATE RECEVEJ 19. PURCHASE ORDER 3 BACK 03m 3 ABLETO DATE WM 33:. PURCHASE FOR DIRECT SHPMENT 0 own-- As 1a. APPROVE 1 CANCELLE-STOCK EXHAUSTE I CETIFV THAT THE ABOVE ARTICLE -- COLUMNS 3,9 AND 12 - HAVE Dam RECEVE. 20. LOCATION 21. DATE 22. SIGNATURE 23. TITLE United States Department Of Homeland Security lm migration And Custom 5 Enforcement FORM 6-514 (REV. 8-1-5 Page 1 of 3 2019-ICLI-00048 121 INSTRUCTIONS we Use Form G-514 - continued on Form G-514.1 -- To requisition materials, supplies, and equipment through the Procurement section of the Regional (or Central) Office; or from a Service-operated Storeroom. Copies - Distribution Prepared by requistioner in an original and tw 0 copies, sending original (w hite) and Copy 1 (pink) to: Procurement Section (or Storeroom), and retaining Copy 2 (green). Procurement Section (or Storeroom) shall, as a rule, pack Copy 1 with shipment, or return it to requisitioner with appropriate advice. Entries g1 reguisitioner: 1. 8. 9. 13. 14. 24. 25. Nunber consecutively, beginning ith number one each fiscal year, and prefix with alphabetic location symbol and last two digits of fiscal year MIA-58-2, etc., etc.). Nurrber continuation sheets with numerical suffix(e.g., MIA-58- 1.3, etc). Enter date of preparation. Enter numerical symbol of activity hich will benefit from use of articles. Enter name and address of Procurement section (or Procurement Section, Immigration and Naturalization Service, Richmond, VA). Enter Ml name, title, and address so that shipping label may be prepared without reference to address directory. If consignee is other than requisitioner, enter shipping instructions under Entry 7. Enter form numbers; stock nurrber show in "Stores Stock Catalog" and "Federal Supply Schedules." Enter full description of article; attach sketches, plans, samples, etc. If consignee is other than requisitioner, enter shipping instructions. Enter issue - unit quantity. Enter unit of issue each, doz., C, gross, ream, lb., cw t, ton: bag, ball, bbl., bot., box, can, pkg., roll, tube; pt., qt., gal, etc.) Signature of approving official. Enter title of approving official. Signature of funding official. Enter title of funding official. By Procurement Section or Store room): 10. 11. 12. 15. 17. 18. 19. Enter unit price. Enter product of Entries 8 and 10. Enter symbol of action taken. See Entry 16. Enter total of amounts under Entry 11. Enter date requisition received. Signature of approving officer. Enter, if issued, date and number of purchase order. ?y consignee: 20. 21. 22. 23. Enter address - city and state. Enter date shipment received. Signature of employee authorized to accept delivery. Enter title of receiving employee. United States Department Of Homeland Security Immigration And Customs Enforcement FORM 6-514 (REV. 8-1-5 Page 2 of 122 Form G-514 REQUISITION - MATERIALS-SUPPLIES-EQUIPMENT Activity Symbols ATTACHMENT A REQUISITION NUMBER: 192118EROLESA0008 PROJECT TASK FUND PROGRAM ORGANIZATION OBJECT TFM E1 31-59-00-000 (DWXE) GE-25-76-00 TFM E1 31-59-00-000 GE-25-76-00 APPROPRIATION SYMBOL CROSSWALK: FUND FY TAS TITLE E1 2018 7080540 United States Department Of Homeland Security Immigration And Customs Enforcement FORM 6-514 (REV. 8-1-5 2019-ICLI-00048 123 UDF 000000 000000 AMOUNT $0.00 $0.00 AMOUNT Page .00 From: Sent: 29 Aug 2017 08:53:57 -0400 To: Subject: FW: analyzing new vendor response Good mornin $39521 Hope your week is off to a good start. Would you happen to have access to proposal from the current contract? has asked to see it to support his review of the payroll data and I don?t seem to have the file. The you, McKinsey Company Senior Implementation Coach San Francisco, CA From: Sent: Tuesday, August 29, 2017 6:50 AM TO: Cc: Subject: RE: analyzing new vendor response can you forward me th proposal supporting the current prices that it submitted several years ago? Thanks From: Sent: Tuesday, August 29, 2017 2:56 AM TO: Cc: Subject: RE: analyzing new vendor response Hi ipiif?ix A. Attached is the payroll data for AGS sorry for not getting this to you earlier. There are two files the first, Funding invoicing" shows the outlay and budgeting of funds for the AGS Krome contract for 2014-2017 (to date). The dates don?t align with fiscal or calendar year, so I assume they are related to contract POP. The second file, ?Krome provides a detailed breakdown of line item costs from April 2016 March 2017 and a comparative analysis of the spend total vs. most recent AGS bid. The spend totals don?t match perfectly, though they are within Happy to walk you through any of this, as there is quite a bit going on between the two files. b6'b7C McKinsey Company Senior Implementation Coach 2019-lCLl-00048 124 San Francisco, CA +1 (415) 712 b)(6l(b From: Sent: Monday, August 28, 2017 8:01 AM Subject: RE: analyzing new vendor response Welcome Can someone send me the payroll information? THanks Sent: Wednesday, August 23, 2017 10:13 AM Subject: analyzing new vendor response G?morning! I wanted to introduce you to who has joined the team to take over for an still be looped in where we have any questions or continuity issues, but won?t be full- time on this team any longer. I know there?s been some more back and forth with the vendor, and we?ve been looking through the payroll data AGS provided and the most recent analysis id. I?d love to make a plan to regroup. As I understand it right now, there are a few things we need to do to close: 1. Review the payroll data for comparison to the rate buildup they provided in the optimals submission ?-would you have time to help take a look here? -nd are happy to talk through at any point. 2. Fully understand the CLIN changes from past invoices to current proposal I imagine you?re the expert here could you and -touch base on the comparison sent last week? I?m unclear why they say the difference is -nd according to our invoices it looks like closer to I suspect it?s a combination of not accounting for anticipated on-going use of CLIN 7 and an escalation in the option year rate, but it?s definitely something we need to be clear on. 3. Estimate full value from dynamic staffing -you?re obviously our guru on staffing changes -was going to take a pass at costing out the shift study you did, but may have a few questions. We?re effectively just trying to look at the total staff that suggests and match to the current AGS proposal and costs. Is there anything he should know in doing that work? 4. Finalize staffing changes know you raised the ?all or nothing? points AGS made. Can you and I talk to make sure we have a sense of how that shakes out and where their objections could be? Want to get ahead of that as we finalize the above, and also make sure other changes like guardmount are on their radar. If we can make sure we're clear on the above, and it?s really a staffing change conversation, then we may be able to close without another in person meeting. Am I missing anything else on steps to close, or are there any changes to the above? 2019-ICLI-00048 125 Would there be a good time Thursday or Friday to talk as a group? Many thanks! McKinsey Company c: (DWXC) e: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 126 From: Sent: 1 Jun 2017 15:32:08 -0400 TO: I Subject: FW: Email 1 of 4: Notice of Update to CBAs and REA Attachments: CBA Update HSCEDM-14-D- - Updated Pricing By CLIN 31_March_2015.xlsx, HSCEDM-14-D-00002 CBA Differences Effective May 2015.x sx, IBT Local 769 -A65 Krome cba - 3-1-15 to 2-28-18.pdf, NUSOG Dentention Officers CBA expiring 6-30-17.pdf, NUSOG Supervisors CBA expiring 6-30-17.pdf From: I Sent: Wednesday, May 10, 2017 10:10 AM To: Subject: FW: Email 1 of 4: Notice of Update to CBAs and REA Analyst (COR) Miami Field Office O: (305) 207 C: (305) 796? From: Sent: Tuesday, March 31, 2015 4:41 PM To: Cc: Subject: Email 1 of 4: Notice of Update to CBAs and REA Dear As discussed, the attached is a request to incorporate the subject solicitation updates to the applicable and Request for Equitable Adjustment to begin with the new option year 1, IAW FAR 52.222-43. The Option Year 1 increase is or This adjustment represents a significant savings to ICE over what had been previously negotiated with these unions by the former contractor. As a small business, we are hopeful that these changes will be incorporated by the start of the option year, May 1, 2015. I am available at your convenience to discuss. 2019-lCLl-00048 127 President Akima Global Services. LLC 13873 Park Center Road, Suite 400N, Herndon VA 20171 Of?ce: Confidentiality Notice: This e-mail message, including any attachments. is for the sole use of the intended recipient(s) and may contain con?dential and privileged information. Any unauthorized review. copy. use. disclosure. or distribution is strictly prohibited. If you are not the intended recipient. please contact the sender by reply e-mail and destroy all copies of the original message. This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 128 I General Manager Akima Global Services, LLC (AGS) 13873 Park Center Road, Suite 400N Herndon, Virginia 20171 Date: March 31, 2015 Immigration and Customs Enforcement Office of Acquisition Management Detention Management Division Attn: 801 I Street NW, Washington, DC 20536 Via email submission to Subject: Notice of Update to Collective Bargaining Agreements and Requested Contract Price Adjustment Prior to Beginning of Renewal Option Period References: Contract/Order Number: Krome Detention, Transportation, and Food Services FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) Collective Bargaining Agreements with International Brotherhood of Teamsters; and with National Union of Security Of?cers and Guards Dear The purpose of this letter is to provide Akima Global Services, LLC (AGS) Request for Equitable Adjustment (REA) regarding the Collective Bargaining Agreements (CBA) between AGS and National Union of Security Of?cers and Guards and between AGS and International Brotherhood of Teamsters (Teamsters) for its above referenced contract at the Krome Service Processing Center in Miami, FL. As awarded, contract included several CBAs. The referenced CBAs expired, and the updated CBAs were recently ?nalized. The updated Teamsters CBA incorporates changes to wages, retirement plan, health care plan, and shoe allowance; the USOG agreements incorporate changes for wages, health care, and retirement. In accordance with FAR 52.222-43, AGS is providing contractual notice and requesting incorporation of the new CBAs into our contract. A summary of the CBA changes and each of the new agreements are attached to this correspondence. The average annual increase over the life of each agreement is less than which is signi?cantly less than the previous contractor?s agreement that averaged nearly 5% per year. Also IAW FAR 52.222-43, AGS is submitting updated pricing to be incorporated into our contract at the beginning of the renewal option period, May 1, 2015. We've included a summary of the updated pricing compared against the current year's pricing. The changes in our price are only to the changed elements on the CBAs, social security and unemployment taxes, and workers? Page 1 of 2 2019-ICLI-00048 129 compensation insurance. Furthermore, we are prepared to provide any detail necessary of our pricing upon your request. As a small business it will be difficult for us to absorb the increased cost, so we are requesting that the price changes be incorporated into the contract at the start of the option oeriod, May 1, 2015. The total impact of this adjustment for the option period is an increase of (W4) represents a signi?cant savings for over the prior contractor?s CBA. 1 am available at your convenience for any questions or clarifications regarding this notice. Very respectfully, President Akima Global Services, LLC CC: Attachments: Summary of CBA Changes Updated Pricing by CBA Teamsters Local Union No. 769 CBA National Union of Security Officers and Guards (Detention Of?cers) CBA National Union of Security Officers and Guards (Supervisors) Page 2 of 2 2019-ICLI-00048 130 - Option Year Pricing CLIN Quantity Unit Unit Price Amount CLIN 1002 DA CLIN 1003 DA CLIN 1004A Ml CLIN 1005A HR CLIN 10058 HR CLIN 1006 LT CLIN 1007 HR CLIN 1008 LT CLIN 1009 HR CLIN 1010 LT CLIN 1011 M0 CLIN 1012 M0 SUBTOTAL CLIN 2002 DA CLIN 2003 DA CLIN 2004A MI CLIN 2005A HR CLIN 20053 HR CLIN 2006 LT CLIN 2007 HR CLIN 2008 LT CLIN 2009 HR CLIN 2010 LT CLIN 2011 M0 CLIN 2012 M0 SUBTOTAL CLIN 3002 DA CLIN 3003 DA CLIN 3004A Ml CLIN 3005A HR CLIN 3005B HR CLIN 3006 LT CLIN 3007 HR CLIN 3008 LT CLIN 3009 HR CLIN 3010 LT CLIN 3011 M0 CLIN 3012 M0 SUBTOTAL 2019-ICLI-00048 131 New Krome NUSOG Agreement - Effective May 1 2015 Guards Previous Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between OY2 Life of Year) (May 2015) OY 1 (May 2016 and CY 2 (May 2017) and CY 3 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total Supervisors Previous Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between OY2 Life of Year) (May 2015) OY 1 (May 2016 and CY 2 (May 2017) and CY 3 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total Captains Previous Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between OY2 Life of Year) (May 2015) CV 1 (May 2016 and CY 2 (May 2017) and OY 3 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total AGS - Krome March 20 2015 Page 1 2019-ICLI-00048 132 Important Notes: Previous agreement provided for a 6% wage increase per year. We were able to negotiate that down by 50% to 3% per year. Previous agreement provided per hour for Health and Welfare, we were able to negotiate that down by-per hour 0Y1 wage increase was negotiated higher because they did not receive a raise in 2014. Pension increase stayed under 4% - previous agreement pension annual increase was above 4% Total average year over year increase is less than previous agreement was nearly 5% AGS - Krome March 20 2015 Page 1 2019-lCLl-00048 133 OLD AGREEMENT - NUSOG - Krome SPC - Miami, FL (Effective August 1, 2011 through July 31, 2014) Guards Difference Difference Average Over Rate/Allowance Between 2011 Between 2012 Life of 2011 2012 and 2012 2013 and 2013 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total Supervisors Difference Difference Average Over Rate/Allowance Between 2011 Between 2012 Life of 2011 2012 and 2012 2013 and 2013 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total Captains Difference Difference Average Over Rate/Allowance Between 2011 Between 2012 Life of 2011 2012 and 2012 2013 and 2013 Agreement Hourly Wage Rate Uniform Allowance Hourly Health Welfare Hourly Pension/401(k) Hourly Total Important Notes: Agreement provided for a 6% wage increase per year. Agreement provided per hour for Health and Welfare. Total average year over year increase is nearly 5% A65 - Krome March 20 2015 Page 2 134 Teamsters New Agreement - Krome SPC Miami, FL (Effective May 1, 2015 to April 30, 2018) Food Service Worker Previous Annual Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between 0Y2 Life of Year) (May 2015) CV 1 (May 2016) and CY 2 (May 2017) and CY 3 Agreement Hourly Wage Rate (W4) Shoe Allowance - Annual Health Welfare Hourly Pension/401(k) %Match Total Without Shoe Allowance Cookl Previous Annual Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between 0Y2 Life of Year) (May 2015) OY 1 (May 2016) and CY 2 (May 2017) and CY 3 Agreement Hourly Wage Rate Boot Allowance - Annual Health Welfare Hourly Pension/401(k) %Match Total Without Boot Allowance Cook II Previous Annual 55 Agreement Negotiated Difference Negotiated Negotiated Rate/Allowance (Used for Agreement Between Agreement Difference Agreement Difference Average Over pricing Base Option Yr 1 Previous and Option Yr 2 Between OY1 Option Yr 3 Between 0Y2 Life of Year) (May 2015) CV 1 (May 2016) and CY 2 (May 2017) and CY 3 Agreement Hourly Wage Rate Boot Allowance - Annual Health Welfare Hourly Pension/401(k) %Match A65 '56?i?6?8?ti36383820igspage 3 Teamsters New Agreement - Krome SPC - Miami, FL (Effective May 1, 2015 to April 30, 2018) Total Without Boot Allowance Important Notes: Shoe Allowance causes the major year increase. But, it's an annual number and equates to a total annual change of- Previous agreement provided for a 3.5% wage increase per year. We were able to negotiate that down to an average less than Health and welfare averages 2.5% for the life of agreement. Previously averaged 5.72% 0Y1 wage increase was negotiated higher because they did not receive a raise in 2014. Pension/401(k) stayed flat. Total Average stayed below 2.5% over 3 year agreement AGS ?56?i'3? d??if?ll??szolgepage 3 Old Teamsters Agreement - Krome SPC - Miami, FL (Effective June 1, 2011 through May 31, 2014) Food Service Hourly Wage Rate Food Service Worker Cookl CookH Health Welfare Total Important Notes: Difference Difference Average Over Between 2011 Between 2012 Life of 2011 2012 and 2012 2013 and 2013 Agreement Boot allowance (- annually) and pension match) were flat. Agreement provided for a 3.5% wage increase per year. Agreement provided for an average of nearly a 6% increase Total Average 3.5% AGS - Krome March 20 2015 Page 4 20 19-lCLl-00048 137 COLLECTIVE BARGAINING AGREEMENT Between AKIMA GLOBAL SERVICES And TEAMSTEIIS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL OF TEAMSTERS MIAMI, FLORIDA Table of Contents PREAMBLE 4 STATEMENT OF PRINCIPLES 4 ARTICLE I GENERAL PROVISIONS 5 ARTICLE 2 SENIORITY 7 ARTICLE 3 JOB OPPORTUNITIES 9 ARTICLE 4 GRIEVANCE PROCEDUE I I ARTICLE 5 DISCIPLINE 14 ARTICLE 6 HOURS OF WORK AND OVERTIME I6 ARTICLE 7 WAGES, WORK SHIFTS AND PAYMENT POLICIES l7 ARTICLE 8 HEALTH AND WELFARE 18 ARTICLE 9 PLAN 19 ARTICLE I0 HOLIDAYS 20 ARTICLE II VACATIONS 20 ARTICLE 12 LEAVE OF ABSENCE 22 ARTICLE I3 MISCELLANEOUS PROVISIONS 25 ARTICLE I4 SAFETY 25 ARTICLE I5 CONTINUITY OF OPERATIONS 26 ARTICLE I6 SEPARABILITY OF CONTRACT 26 ARTICLE I7 MACHINES, EQUIPMENT AND SUPPLIES 27 ARTICLE I8 CLOTHING ALLOWANCE 27 ARTICLE I9 TRANSFER OF COMPANY TITLE OR INTERESTS 27 ARTICLE 20 ALCOHOL. DRUGS AND FIREARMS 27 ARTICLE 2 MISCELLANEOUS 28 ARTICLE 22 DURATION 29 PAGE 2 2019-ICLI-00048 139 APPENDIX A WAGE AND BENEFIT SCHEDULE 31 PAGE 3 2019-ICLI-00048 140 PREAMBLE THIS AGREEMENT (the "Agreement") is entered into by and between Akima Global Services hereinafter referred to as the "Employer" or "Company." and the International Brotherhood of Teamsters. Local Union No. 769 (hereinafter referred to as the "Union") STATEMENT OF PRINCIPLES WHEREAS. it is the desire of the Parties to enter into a collective agreement for the purpose of maintaining harmonious and peaceful labor conditions and establishing methods for a fair and peaceful adjustment of disputes that may arise between the parties; and WHEREAS. the Parties mutually pledge that they will cooperate with each other in good faith in the enforcement of the terms of this Agreement so as to secure uninterrupted operation of the business of the Employer in rendering service to the Government and continuous employment of the employees and general stabilization; and WHEREAS. the Union and the Employer recognize that all Employees in the bargaining unit are professional and deserving of the highest respect. Accordingly. the Employees. the Union and the Employer will work together to honor the principles of respect and dignity for all employees. both union and non- union. Further. the Parties agree that the continued success of the Employer's business and performance of its Government contracts is dependent upon our mutual respect for one another?s work; NOW. THEREFORE. it is agreed as follows: PAGE 4 141 ARTICLE I GENERAL PROVISIONS SECTION I.I RECOGNITION AND SCOPE OF BARGAINING UNIT The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as de?ned in the National Labor Relations Act of all employees in the classi?cations set forth in Appendix A. attached hereto. employed by the Employer at the Krome Service Processing Center (the "Facility" or in Miami. Florida. excluding all other employees. o?ice clericals. guards. and supervisors as de?ned in the Act. This Agreement shall be binding upon both parties, their successors and assigns. Management will not perform productive work assigned to and performed by employees in classi?cations listed in this Agreement in Appendix A. except as follows: (I) Work. which. historically. has been performed as a part of a management function. (2) Work required to protect life or property. (3) Work lasting one I hour or less in duration which calls for immediate action to avoid interruption of any of the Compaan operations. (4) Training. The work referred to in subparagraphs (2). (3). and (4) above shall be turned over to the appropriate bargaining unit employees in the classi?cations listed in this Agreement as soon as they can be made available. The Company agrees that no employees covered by this Agreement will be interfered with. restrained. coerced or discriminated against by the Company. its of?cers or agents. because of membership in or lawful activity on behalf of the Union. SECTION 1.2 BARGAINING OBLIGATIONS The parties acknowledge that. during the negotiation which resulted in this Agreement. each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated upon: and that the Agreement contained herein was arrived at after the free exercise of such rights and opportunities. Therefore. the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment. including but not limited to. rates of pay. wages. hours of work. disciplinary actions. training requirements. etc.. during the term of this Agreement. except as speci?cally provided for in other provisions of this Agreement and except for any conditions of employment that were in elTect prior to the time of the signing "of this Agreement that may have been inadvertently not disclosed in good faith during bargaining. Also. nothing above shall preclude the parties from negotiating written amendments to this Agreement. should unanticipated circumstances arise. PAGE 5 142 SECTION l.3 NEGOTIATING COMMITTEE The Company agrees to recognize a Negotiating Committee composed of up to two members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations. SECTION 1.4 CLASSIFICATIONS See Appendix A SECTION 1.5 PROBATIONARY EMPLOYEES Each newly hired Employee shall be considered a probationary Employee of the Company until the Employee has actually worked 30 shifts of work. during which they may be discharged without regard -to cause and without recourse to the grievance procedures of this Agreement. Probationary employees. may. however. grieve pay issues under the Agreement. Upon completion of the probationary period. the new Employee shall be considered a regular Employee and shall accrue seniority from the -date of hire. Employees may not be placed on probation as a disciplinary measure or as part of a disciplinary action. Any discharges a?er probation must be wirhjusl cause. SECTION 1.6 INTENT OF PARTIES The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly. conscientiously. and in the best interest of efficient kitchen operations. The Union and the Company agree to use their best efforts to cause the Bargaining Unit Employees. individually and collectively. to perform and render loyal and efficient work and services on behalf of the Company. Neither the Company. nor the Union. nor their representatives. nor their members will intimidate. coerce. or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union. SECTION 1.7 RETAINED RIGHTS A. Management of the business and direction of the work force are exclusively the right of management. These rights include the right to: l. Hire: 2. Assign work: 3. Promote. Demotc; 4. Discharge. discipline. and/or suspend forjust cause: 5. Require Employees to observe reasonable Company rules and regulations: 6. Determine when overtime shall be worked: 7. Determine the quali?cations of an Employee to perform work. B. Any of the rights. power or authority the Company had prior to the signing of this Agreement are retained by the Company. except those specifically abridged or modi?ed by this Agreement and any PAGE 6 143 supplemental Agreements that may herea?er be made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights. SECTION I.8 ANTI-DISCRIMINATION The Employer and the Union agree to make it a matter of record in this Agreement that the provisions of this Agreement will apply equally to all Employees and are not intended to and shall not be applied to violate any local. Florida or federal law. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy. and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective. ARTICLE 2 SENIORITY SECTION 2.1 SENIORITY DEFINED Seniority shall be de?ned as the length of continuous service with the Company. its predecessors and successors for which an employee receives credit in any classification covered by this Agreement. including full time. part-time and on-call. Seniority shall commence on the day the employee enters pay status with the Company in a classi?cation covered by this Agreement. Seniority shall be the determining factor when bidding for vacation. permanent and temporary vacancies which exceed fourteen (l4) days. holiday assignments. shi? and days off. reductions in force and recall. New employees shall establish seniority retroactive to date of employment. Effective on or after the date hereof. the relative seniority of employees hired on the same date shall be determined by the last four (4) digits of the employee?s Social Security Number. The employee with the highest last four (4) digits shall be deemed the senior. The Union shall be so advised. SECTION 2.2 SENIORITY LISTS The Company shall prepare and maintain lists of its employees according to their seniority dates as required by this Agreement. Lists shall be divided in seniority groupings of similar work and the Company shall furnish updated copies. on a semi-annual basis (January and July) to the business agent. The rights of employees under this Article shall be determined in accordance with their relative position on the appropriate seniority list. Seniority rosters shall show employee?s name. seniority ranking number. job classification and date of entry into service. SECTION 2.3 LOSS OF SENIORITY An employee shall lose his/her seniority rights for the following reasons: PAGE 7 144 l) He/she provides a written statement of his intent to voluntarily quit; 2) lie/she is discharged forjust cause: 3) He/she is laid off continually for a period of two years: 4) He/she fails to report within ?fteen (IS) days a?er receipt of recall notice, unless a satisfactory reason is given therefore. It shall be the responsibility of each employee to keep the Company advised of his current mailing address. 5) Employee has failed to express his or her intent to return to work. and/or does not return to work in accordance with the requirements in this Article; 6) Employee fails to report to work for three (3) consecutively scheduled days without notifying the company. except in case of circumstances beyond his or her control with valid documentation: 7) Employee transfers out of the bargaining unit. except as provided in this article; 8) Employee becomes ineligible for employment because the Government removes their clearance. SECTION 2.4 PERSONAL DATA Employees. both working and in a laid-off status. shall notify the Employer in writing. on the company provided form. of their proper mailing address and telephone number or of any change of name. address. or telephone number. The Company shall be entitled to rely upon the last known address in the Employer's o?icial records. SECTION 2.5 TRANSFER OUT OF UNIT Any Bargaining Unit Employee who is promoted to a non-bargaining unit position for more than thirty (30) days shall lose their Union seniority. SECTION 2.6 UNION REPRESENTATIONS The Company will recognize the appointment of stewards by the Local Union. Such appointments will be confirmed to the Company. in writing. Employees so appointed will maintain their designation until relieved in writing by the Local Union or transferred to a work unit outside of the scope of their appointment. The Union may. upon written request to the Company. designate one (I) shop steward per shift. Notwithstanding their position on the seniority list. the stewards) so appointed shall be continued at work as long as there is sufficient work for which they are qualified under this Agreement at the base at which they are employed. Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for his acts as the representative of the Union so long as such acts do not interfere with the conduct of Company business. nor shall there be any discrimination against any employee because of Union membership activities. The Company agrees that a local union representative can enter the Company?s premises. with appropriate clearance and approval. during working hours for the purpose of adjusting PAGE 8 145 disputes and/or observing working conditions. When an lntemational Union Representative. Local Union President. or designee wishes to enter the premises. a request will be made to the appropriate Company official to attempt to obtain clearance and approval. In addition. if an International Union Representative. Local Union President. or designee desires to confer with a steward(s). the time of such meeting will set by mutual agreement between the Union and the Company. Union representatives granted access to the Company's premises shall not interfere with the normal work duties of employees and/or the Company?s operations. The Union shall be noti?ed of all hearings to be held in accordance with Article 4 in which it is not a participant and shall have the right to participate in such hearings The Union agrees that the stewards will work at their regularjobs at all times except when they are relieved to attend to the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours. The Union will notify the Company in writing of the names of the current stewards. and of any changes. SECTION 2.7 DUES CHECK OFF A. The Company agrees to deduct dues as designated by the Union on a basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. The Employee. upon written notice served upon the Union. may revoke such authorization as provided in the Employee Check- Off Authorization Card. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing. by the Union. as to the dollar amount of the Union membership dues. initiation fees and assessments. B. The Company will remit all such deductions to the Financial Secretary/Treasurer no later than the twentieth (ZOth) day of the month. The Union agrees to furnish the Company with the current routing number for direct deposit. The Company shall fumish the Financial Secretary/Treasurer with a deduction list. setting forth the name and amount of dues with each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the Company. and assumes full responsibility of the dispositions of the funds so deducted. once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this provision. providing such errors are unintentional and corrected when brought to the Company's attention. ARTICLE 3 JOB OPPORTUNITIES SECTION 3.I FILLING VACANCIES Vacancies within the bargaining unit shall be posted and ?lled in accordance with this Article. PAGE 9 146 Permanent vacancies within all classi?cation. with its pertaining shift and days will ?rst be offered. in seniority order. among those already. holding the particular classi?cation to be ?lled. Temporary vacancies of thirty (30) working days or more will be offered. in seniority order. When the Company determines that a vacancy exists within a classi?cation. a Notice of Vacancy shall be posted for a period of seven (7) working days. Interested employees. within the classi?cation. should sign the Notice indicating his/her desire to be awarded the position. Award of the vacancy will be granted to the most senior quali?ed person on the Notice. When a vacancy occurs within a higher classi?cation. those currently holding the classi?cation shall be ?rst offered the shill and days off of the vacancy. The remaining shill and days off shall be processed in the same manner as above. Employees awarded a promotional vacancy shall serve a thirty (30) day probationary period and the Company will provide full cooperation and training. Employees who fail to meet the standards of the position within the probationary period shall be retumed to their original position. unless a more senior quali?ed. employee has exercised his/her rights to that position. In such case. the returning employee shall displace the most junior employee. Employees failing to qualify will be given the reason(s) for such disquali?cation. in writing. SECTION 3.2 LAYOFF AND RECALL For purposes of this Agreement. the term "layoff means a reduction in the number of employees in a given occupational title on a shift in a work unit due to lack of work in such occupational title. In the event of a layoff. the displacement rights of employees affected are those set forth in this procedure. The primary factor in a layoff is the employee's seniority within a given occupational title. It is the intention of the layoff procedure to olTer continued employment in his/her occupational title to the employee with greater seniority. For purpose of displacing less senior employees. there is a presumption (except as to security clearance). in favor of the employee?s ability to perform the work of his occupational title. and of other occupational titles. When a layolT occurs. it shall be governed by the following procedure: The appropriate number of junior employees in each classi?cation will receive layoff notices. A?er the layoff notices have been received. those employees who have seniority in a lower classi?cation will be given an opportunity to bump the least senior employee in another classi?cation if the bumping employee is quali?ed for work in that classi?cation at the tune of the layoff. After all seniority rights have been exercised. the Company will publish the new seniority groups and their manpower requirements. Reassignment of the new Manpower requirements shall be in seniority order within the work units. The Company will provide the Union o?ice with a list of those employees who are actually laid off. If an employee does not have suf?cient seniority to displace another employee as outlined above. helshe shall be laid off. and shall have recall rights to previously held job(s) in which helshe has previously been employed or other job classi?cations for which the employee is quali?ed subject to the employee rc- obtaining security clearance. At the time of layo??. the employee affected will be required to complete recall forms for those jobs so desired. PAGE l0 147 A laid off employee shall be paid for accnred, unused vacation under Article I I. In no event shall the work of the laid olT position(s) be absorbed by employees in another Union or by Management employees. Notice Rguirenrent Employees to be laid off due to a reduction in force will receive a letter of layoff notifying them of their layoff. An employee exercising displacement rights will make a displacement decision within three (3) workdays of receiving a layoff notice. An employee being displaced will receive displacement notice in writing. Only the employee actually laid off due to a reduction in force shall be entitled to a total of two (2) weeks' notice of the layoff. with pay in lieu thereof. unless the Government provides the Company with less than two weeks' notice of the reduction in work in which ease the Company will provide the employee with notice within twenty four (24) hours of the Company's receipt of such notice from the Oovemment. Such notice period shall run concurrently with a letter of abolishment or the date of displacement. In order to qualify for displacement rights. any employees exercising or about to exercise displacement rights as outlined above must meet the minimum speci?cations of the job at the time of the requested displacement in order to be offered the position. In the event of an increase in the number of people in an occupational title within a seniority group such vacancies will be ?lled by recalling quali?ed employees who have been laid off from the work unit. Employees may waive their rights to return to active service on positions of less than ninety (90) workdays' duration by ?ling written notice with the Project Manager and the Union. Such notice will not invalidate his/her recall under this Article 3 of this Agreement. ARTICLE 4 GRIEVANCE PROCEDURE SECTION INTENT For purposes of this Agreement. a grievance shall mean a claimed violation. misinterpretation. or misapplieation of any provision of this Agreement. or the challenge of any disciplinary action taken against a Union Employee. except that this grievance procedure shall not be used for any action or order of removal of an Employee from working under the contract by the US. Government. or revocation of required clearances by the US. Govemment. In addition. the grievance procedures outlined herein shall not apply to any situation where the company is acting under express directives of the US. Government or the State of Florida. SECTION 4.2 GENERAL PROVISIONS A. The number of days outlined in Section 4.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days." whenever used in this Article. shall not include Saturdays. Sundays or holidays. PAGF. ll 148 B. Provisions of the Essence. The time limitations set forth in this Article are deemed of the essence to this Agreement. Should the Company. the Union. or the aggrieved employee fail to comply with the time limits as set forth in this Article. the party who failed to comply with the time limits shall forfeit the grievance (If the Union fails to comply with the time limits the grievance shall be deemed denied and if the Company fails to comply with. the time limits the grievance shall be deemed sustained). Time limits may be extended only by mutual written agreement of both parties (e-mail conespondenee accepted). SECTION 4.3 GRIEVANCE PROCEDURE All grievances shall be presented and processed in accordance with the following procedures: A. lnforrnal Step - The parties shall make their best efforts to first attempt to resolve any dispute on an informal basis. Both the Company and the Union agree that the Employee should attempt to first discuss their complaint with their immediate supervisor (not in the bargaining unit) or Project Manager. within ?ve (5) days of the occurrence of the incident or reasonable knowledge of the occunence of the incident or issuance of the disciplinary action being grieved. to start the informal procedure. B. Step One Regardless of whether the informal procedure has been invoked. if the matter is not resolved informally. the Employee or the Union shall. not later than ten (l0) days aller the occurrence of the facts giving rise to the grievance. set forth the facts in writing and specifying the Article of this Agreement allegedly violated. The grievance shall be signed by the aggrieved Employee and by the union representative. and shall be submitted to the Project Manager or designee with a copy to the Company's HR Manager. The Project Manager will sign and date the written grievance to indicate and conlinn receipt. which shall be deemed to be the date of the Company's receipt. The Project Manager or designee shall have ten (l0) days from the date of the Company's receipt of the written grievance to submit a decision in writing with a copy to the aggrieved Employee and the union steward. C. Step Two - If the grievance is not settled in Step One. the grievance may be appealed in writing to the Company's Human Resources Manager or designee not later than ten (l0) days from the date of the submission of the Project Managers written denial. The Human Resources Manager or designee will have ten (l0) days from the date the written appeal was received by the Human Resources Manager to return a decision. in writing. with a copy to the aggrieved Employee and the union representative. D. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. E. Grievances settled at any Step shall not be precedent-setting. F. Company Grievance - In the case of grievances submitted by the Company. the grievance may be submitted directly to a designated representative of the Union by the Company's PAGE 12 149 Project Manager. Such grievance must be submitted within ten (l0) calendar days of the occunence of the events or conduct giving rise to the grievance. or within ten (I0) days of when the Company should reasonably have had knowledge of the occurrence of such events or conduct. The Union will respond in writing within ten (l0) calendar days. If the matter is not settled. the Company may submit the matter to final and binding arbitration under Section 4.4 of this Agreement. In order to submit the matter to arbitration. the Company must serve written notice on the Union of its desire to arbitrate within ten (I0) days of its receipt of the Union?s written response or. if there is no timely written response by the Union. then within 28 calendar days of the Company's submission of the grievance. SECTION 4.4 ARBITRATION PROCEDURES A. Grievances processed in accordance with the requirements of Section 4.3 that remain unsettled may be processed to arbitration by the Union. giving the Company's Human Resources Manager written notice of its desire to proceed to arbitration not later than ten (l0) days a?er rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 4.3 which remain unsettled shall be processed in accordance with the following procedures and limitations: Selection of an Arbitrator - Within ??een (I5) days of receipt of either party?s written notice to proceed with arbitration. the Company and the Union or their designee will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If. within ?fteen (I5) days. the parties fail to agree upon the selection of an arbitrator. the party requesting arbitration will request the Federal Mediation and Conciliation Service (FMCS) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (I) name remains. and this individual shall be the arbitrator to hear the grievance. Following the parties' selection of an arbitrator. and before proceeding to the arbitration hearing. the parties shall attempt in good faith to attempt to settle the matter. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date following the parties' notification to him or her of their desire to schedule a hearing. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with. without undue delay alter the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to. subtract from; or modify any of the terms of this Agreement. Arbitration Expense The arbitrator?s fees and expenses. including the cost of any hearing room. shall be shared equally between the Company and the Union. Iiaeh party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Either party may engage the services of a court reporter for the purpose of making a record of the hearing that will be used as the ollicial transcript of the arbitration proceedings. If a court reporter is used. the court reporter?s fee and the costs of the transcript copies shall be borne by the requesting party. Any other expenses of the arbitration shall be borne by the party incurring such expenses. Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her. PAGE l3 150 SECTION 4.5 CLASS ACTION The Union shall have the right to ?le a group grievance (class action). SECTION 4.6 INDIVIDUAL GRIEVANCES No individual may move or otherwise process any grievance to arbitration on their own behalf without the Union's active written participation as their representative. ARTICLE 5 DISCIPLINE SECTION 5.1 DISCHARGES The Company shall have the right to discharge. discipline. and/or suspend Employees for just cause. Any Employee whose security clearance is not renewed or is revoked by the controlling governmental agency shall be discharged without recourse to grievance or arbitration procedures. The Company will provide the Union a copy of the written request for removal. which the Employer receives from the govemment. when an Employee's Security Clearance is revoked. SECTION 5.2 GROUNDS FOR DISCIPLINE AND DISMISSAL A. After completion of the probationary period. as specified in Section no Employee shall be dismissed or suspended without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the US. Government or revocation of required clearance by the US. Government. The "?nal decision" on the employee's removal shall be determined by the Govemment. and the Employer shall be held harmless by the Union and the employee for any further claims made a?er this final determination. This provision is not intended to limit or prohibit the rights ofany party to seek relief from other parties. 8. The Company's contract with the US. Government sets out performance standards and contract- requirements for Employees and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. Employees agree to comply with any non- disciplinary directive issued by the US Government. C. The Company may discipline Employees when necessary and discharge those who fail to uphold US. Government or Company standards as described in 5.2 above. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees. However. it is also recognized that offenses may occur for which progressive discipline is not applicable fraud. gross misconduct. the?. etc.). Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. Failure to comply with any investigation procedures will result in dismissal. 0. Employees are expected to follow established standards. Employees may be counseled to improve in areas that the Employer feels need to be improved. Serious infractions that may result in immediate termination. include. but are not limited to. the following: PAGE 14 151 I. Violation of Company or US. Government security regulations (notice of regulations and camp rules to be provided to employees upon employment and when updated or changed by the Government). 2. Stealing or dishonesty. 3. Drug or alcohol possession or use on the job. 4. Possession of weapons on thejob. 5. Violence or threat of violence. 6. Serious disregard for safety practices and rules. 7. Serious misuse of company property or materials. 8. Serious infraction of client relationship. 9. Serious excessive absences or tardiness. l0. Gross. insubordination. I l. Noti?cation from the Government of a rescission of employee's security clearance. l2. Falsifrcation of records. l3. Refusal to take or failure to pass a drug test authorized by law. Executive Order or Articles l3 and 20 of this Agreement. Termination or suspension of an employee will be in accordance with the disciplinary process and approved by an of?cial of the Company. For purposes of this Agreement revocation of an employee's security clearance by the U.S. Government is conclusively presumed to bejust cause for termination. In all cases involving the discharge or suspension of an employee. the Company must immediately notify the employee. in writing, of his discharge or suspension. Such written notice shall also be given to the shop steward and a copy sent to the assigned Business Agent care of the local Union othce within one (I) workday from the time of discharge or suspension. It is understood that the Company has the right lo discipline or discharge an employee within fifteen (IS) days after the Company learns an action has occuned which has established. just and sulTrcient cause provided however-that where Company engaged in a legitimate internal investigation into the circumstances surrounding a potential discipline or discharge the Company shall so notify the Union of the fact of the investigation in which ease this Provision shall be tolled until the conclusion of the investigation or for thirty (30) days. whichever occurs first. unless the time Period is extended by mutual agreement of the parties. which agreement Shall not be unreasonably denied: Open conclusion of an investigation. the Company shall have fifteen.? 5) days to initiate any discipline or discharge action. An employee upon discharge or resignation must be paid. in full for all wages owed him-by the employer-including eamed and accrued vacation and sick pay. if any. within seven (7) days from the date of discharge or resignation or as required by applicable state law. PAGE IS 152 A discharged or suspended employee must advise the local Union. in writing. within five (5) working days alter receiving noti?cation of such action against him. of the employee's desire to appeal the discharge or suspension. Notice of appeal from discharge or suspension must be made to the Employer. in writing. within ten (I0) days from the date of discharge or suspension. "lite disciplinary process may. but is not required to be. as follows: Verbal counseling Written warning Suspension without pay Termination All warnings will be documented and placed within the employee's ?le. The Company will dismiss discipline resulting in a three (3) day suspension or less after a period of one (I) year has passed. except where the employee has been given a ?nal warning or the employee has engaged in repeated conduct in violation of Company policies during that one (I) year period. ARTICLE 6 HOURS OF WORK AND OVERTIME SECTION WORKDAY AND WORKWEEK Shifts shall be scheduled at the discretion of the Employer and shall be bid in accordance with Article 7. Sections 7.4.and 7.5 of this Agreement to ful?ll the needs of the US. Govemment. SECTION 6.2 OVERTIME Overtime compensation shall be computed on the basis of actual overtime worked to the nearest quarter hour period and no overtime work shall be required. proffered. or permitted except by direction of supervisory personnel of the Company. except in cases of emergency where prior authority cannot be obtained. Time and one-half the regular hourly rate shall be paid (I) for all work performed at Company request on an employee?s regular day off. (2) after forty (40) hours of straight-time work in an employee?s work week: and (3) on the sixth day worked in an employee's work week. Double-time (2x) for all hours worked shall be paid on an employee?s seventh (7m) consecutive work day. Overtime rates shall. be paid for not less than four (4) hours to any employee called back for duty not continuous with his/her regular working hours. Overtime rates shall be paid for not less than two (2) hours to any employee scheduled or called into work prior to and continuous with his/her regular workday. Meal periods shall not be computed for purposes of overtime compensation. The principles of equal distribution and advance notice of overtime will be applied as far as practicable. Employees who regularly perform the work involved in the required overtime will be given an opportunity to work the overtime before any other assignment of overtime is made. If overtime is refused by an employee on the work unit overtime or on the secondary overtime roster. then the junior employee. within the same classification. on the work unit overtime roster will be assigned. PAGE 16 153 For overtime scheduling purposes, employees will be considered to be on vacation from completion of their last regular tour of duty prior to the scheduled vacation period until reporting for the first regular tour of duty following the vacation period. Employees will not be required to absorb overtime by taking time off. The Company will make every reasonable elTort. consistent with its operating requirements. to give affected employees two (2) hours? notice-of overtime work assignments. For the purpose of maintaining health and safety. employees will not normally be permitted to work in excess of twelve (l2) hours per day. ARTICLE 7 WAGES, WORK SHIFTS AND PAYMENT POLICIES SECTION REPORTING PAY In the event an Employee reports to work for their shill or upon being called in to work. without having been notified not to report. and work is not available. the Employee shall be paid four (4) hours reporting pay at their regular rate of pay. Acts of God and failure of equipment beyond the Contractor?s control shall nullify the Contractor?s requirement to pay such reporting pay. SECTION 7.2 PAYDAY Payday for all hourly Employees will be on Friday following the two (2) week pay period ending on Saturday 'subject to change by mutual agreement. SECTION 7.3 UNDISPUTED ERROR In case of an undisputed error on the part of the company as to an Employee's rate of pay. proper adjustment will be made within seventy-two (72) hours after the error has been brought in written form to the Company's attention. SECTION 7.4 SHIFT RIDDING, HOURS OF WORK, SENIORITY At least once each year all Employees at each location may bid for shill schedules in the order of seniority by classification. SECTION 7.5 WORKING WEEK AND SHIFT SCHEDULING The workweek shall consist of live (5) consecutive days within any consecutive seven (7) day period. For the purpose of establishing a standard pay period. the week shall start at l2:00 am. Sunday and end l2:00 am. on the following Saturday. The workday shall consist of a twenty-four (24) hour period beginning at midnight. and regular days' work shall consist of eight (8) consecutive hours. exclusive of meal periods. Employees shall be permitted two rest periods of ?fteen (l5) minutes each during the workday. PAGE l7 154 The employees in the Food Service job classi?cations and/or assigned shifts shall be allowed (but are not required to take) a sixty (60) minute meal period. The Company retains the exclusive right to set the hours and schedules of work. including the number. amount and timing for work shifts. The Company may revise or reschedule work shifts at any time subject to the terms of this Article set forth below. Within 5 business days from the rati?cation of this agreement. and at least once a year thereafter. the employer shall post work schedules for all job classi?cations identi?ed in Attachment A to this agreement. Where the work schedule in any job classi?cation contains dilTerent shifts or non-standard work weeks weekend shifts) all work schedules in each classi?cation shall be bid for by employees on a seniority basis. Once wouk schedules are selected by the employees on the basis of seniority. those shi?s shall be permanently assigned provided however that all personnel may be subject to having shifts temporarily changed to the staf?ng needs of employer. Once the shifts are assigned. the Union shall be fumished a copy of the shift schedule. If there is a need for shifts to be temporarily changed. the Union shall be e-mailed of the temporary change. Employees may not trade or change shi?s or work days without prior written approval of the Project Manager. If at any time during the term of this Agreement the Company makes changes as required by the US. Government to the work schedule of any job classi?cation. the new work schedule must be re-bid on a seniority basis prior to implementation by the Company. The Company shall make all reasonable efforts to provide employees with as much notice as possible of any anticipated work schedule or shift change but in no case shall such notice be less than two (2) weeks. All work job schedules shall be posted by employer on the Company bulletin board and specify names. days off. beginning and off-duty hours. Vacation and holiday seniority: Vacations and holiday schedules shall be developed for each classi?cation based on seniority. Employees may not cross classi?cations for either vacation or holiday schedules. The company shall seek volunteers to work on the covered holidays. should' insuf?cient numbers of employees fail to volunteer within a classi?cation the company shall assign employees to the schedule in inverse order of seniority. An employee will not be scheduled or directed to start work less than ten (IO) hours after he last worked. except in the case of an emergency. ARTICLE 8 HEALTH AND WELFARE Beginning May I. 20l5. the company will pay $4.80 per hour up to 40 hours per week to each eligible employee as cash in lieu of bene?ts for health and welfare insurance in their bi-weekly payroll. PAGE l8 155 Beginning May I. 20l 6. the company will pay $4.90 per hour up to 40 hours per week to each eligible employee as cash in lieu of bene?ts for health and welfare insurance in their bi-weekly payroll. Continuing on May I. 20l7. the company will pay. $4.90 per hour up to 40 hours per week to each eligible employee as cash in lieu of bene?ts for health and welfare insurance in their bi-weekly payroll. The Company will offer a health insurance plan to employees that are compliant with the requirements of the Affordable Care Act Employees will be able to purchase coverage utilizing their amounts. Costs of insurance in excess or their allocation will be deducted from their wages. If the employee does not elect coverage or chooses a coverage level that is less then their accumulation. they will receive any excess monies directly in their paycheck. The Company will be able to take necessary steps including requiring documentation to establish that it has complied with its obligations under the ACA. In the event that the methods utilized in the agreement do not fulfill the employers obligations under the ACA the parties will meet to negotiate changes as needed. ARTICLE 9 PLAN Employees will be allowed to participate in the employers 40lK program. To the extent permitted by law the employees may contribute up to twenty-?ve of their gross wages and the employer will match employee contributions up to 4% of gross wages. ARTICLE HOLIDAYS SECTION 10.] HOLIDAYS DEFINED The following holidays with pay shall be granted: New Year's Day Martin Luther King's Birthday President's Day Memorial Day. Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Employees who have at least forty (40) actual days worked since hire or rchire shall be granted three (3) ?oating holidays each ?scal year. Floating holidays must be used during the ?scal year in which they are earned and cannot be carried over from one (I) ?scal year to another. If an eligible employee does not use that employees ?oating holidays in the ?scal year in which they are earned that employee shall receive up to PAGE l9 156 three (3) extra days of holiday pay (8 hours of straight time pay for each day) in the ?rst paycheck of the following ?scal year. Floating holidays may be liquidated in conjunction with a vacation period and may be requested at the time of the annual vacation selection under Article ID. Request to liquidate the Floating Holiday other than in conjunction with a vacation period as speci?ed above may be granted based on the requirements of the service and be processed in the same manner as vacation selection. The holidays listed above. affected by the Federal Monday Holiday Act. will be celebrated in accordance with the date speci?ed thereby. If a holiday falls within the employee's paid vacation period. the employee will receive eight (8) hours of holiday pay instead of vacation pay and will not have a vacation day deducted from the employees accrued vacation bank. where a holiday falls on an employee's scheduled day off. the employee will be paid holiday pay for that day. Where the Krome Service Processing Center is dosed by the order of the US. Govemment. an Act of Congress of the United Stags or by proclamation of the President of the United States. and Employer is paid for its employees? time for that day. all employees who are unable to work due to the facilities closure will be paid eight (8) hours of straight time for the day of missed work. Employees. who are required to work on such a day. are only entitled to be paid for actual hours worked. Any employee who works less than eight hours on such a day shall be paid for eight (8) hours of straight time. Holidays shall be paid at eight (8) hours for each holiday. Any employee required to work eight (8) hours or more on Thanksgiving or Christmas Day shall be entitled to receive hardship pay of two and one half (2 I0) times the employees regular rate as full compensation for such holiday worked. If an employee is called in to work on Thanksgiving or Christmas Day for less than eight (8) hours, he shall be paid one and times his hourly rate for each hour worked with a minimum of four (4) hours in addition to eight (8) hours straight time pay for the holiday. Where regularly scheduled shilis commence between l0.00 pm. but prior to I200 midnight. the shill commencing holiday toobeobserved. ARTICLE II VACATIONS SECTION ll.l VACATION ALLOWANCE Vacation will be scheduled in accordance with manpower and stalling needs. The Company however. will afford those employees who have earned more than two (2) weeks? vacation the opportunity to take two (2) consecutive weeks? vacation one (I) time per vacation year. Only one (I) person from each group classi?cation can take the two (2) consecutive weeks' vacation at a time. All other vacation time shall be taken at one (I week intervals or less. Single day vacations will be submitted to the project manager and approval will not unreasonably be denied. Requests and approval will be on a ?rst-come ?rst-served basis. Effective with the ?rst pay period after rati?cation of the Agreement. employees shall accrue vacation leave as described below. Employees on the active payroll and in a pay status shall be entitled to a vacation leave credit based on their length of service. An employee is in pay status when he performs compensable work or receives paid leave during a pay period. An employee who is receiving workers compensation bene?ts will not be considered in pay status. for purposes of caming vacation leave. PAGE 20 157 Beginning length of service up to 5" anniversary: .0384 hours paid up to 40 hours per week a maximum of 2 weeks per employment year. 5th anniversary up to anniversary: .0576 hours paid up to 40 hours per week a maximum of 3 weeks per employment year. 10" anniversary up to anniversary: .0769 hours paid up to 40 hours per week a maximum of 4 weeks per employment year. l5'h anniversary or more: .0962 hours paid up to 40 hours per week a maximum of 5 weeks per employment year. Vacation Starts accruing upon date of hire and is amount accrued is available for use. After the (60) sixty day probationary period is completed. Length of service includes the whole span of continuous service with the Company, predecessors and successors. as provided for in the Service Contract Act. as amended. Time spent on Military leave of absence shall be considered length of service for the purposes of employee eligibility for vacation. Vacation periods shall be available for selection from November to December 15" of each year for vacation to be liquidated and used in the next year I to lZ/l 5/ I selection for vacation to be used in 20l2). The company will post the awarded vacations for the following year by December Vacations will be awarded by seniority. Any open vacation time shall be awarded on a ?rst come ?rst serve basis. Once a vacation has been granted. it will not be changed without the mutual consent of the employee and the Company. Unused vacation time shall be paid out in the ?rst pay period following the employee?s anniversary year. Upon termination. for any reason. employee will be paid for all unused and accrued vacation. PAGE 21 158 ARTICLE [2 LEAVES OF ABSENCE SECTION l2.l SICK LEAVE Effective with the-first pay period after rati?cation of this Agreement. employees shall accrue sick leave as described below. Employees on the active payroll and in a pay status shalt be entitled to a sick leave credit up to six (6) days accrued per year on hours paid. An employee is in pay status when he performs compensable work or receives paid leave during such pay period. An employee who is receiving workers compensation benefits will not be considered in pay status. for purposes of caming sick leave credit. Use ic vc It is obligation of every employee to prevent abuse of sick leave pay benelits. The parties acknowledge that the company may discipline employees who abuse sick leave. Payment of sick leave shall be at the employees regular straight time base rate not to exceed a maximum of eight (8) hours pay for anyone (I) day. Sick leave shall be granted under the following conditions: Illness of the employee Illness in the immediate family (as de?ned in Death in the Family) Medical or dental appoinunents. Employees agree to seek to anange medical or dental appointments so as to avoid absence from work when reasonable/practical. Upon termination, for any reason employee will be paid for all unused and accrued sick leave. Report Requirements for Use of Sick Leave: An employee who is absent on a regularly scheduled work day shall be required to follow the procedures set forth below: The employee must notify the Operations Manager or Project Manager within four (4) hours of the scheduled start of the regular shill unless extenuating circumstances prevent such notice. The notice must state the reason for the absence and the anticipated date of return to work. In the event the employee is unable to return to work on the anticipated date. he shall provide notification prior to the scheduled return day and provide a revised estimated return to duty date. Employees missing three (3) consecutive days of work dues to an illness or injury which is not work related will be required to return with a verifiable medical release stating that the employed involved is eligible to return to work. PAGE 22 159 SECTION l2.2 MEDICAL LEAVE A. The Family and Medical Leave Act of I993 (FMLA) is incorporated herein. Employees who have completed at least twelve (l2) months of service with the Company and who have worked at least l.250 hours in the preceding twelve (l2) months are eligible for: leave under the Company's Family. and Medical Leave Policy as set forth in the AGS Detention Center Services Officer Employee Handbook. B. The Company agrees to honor the FM LA for all eligible Employees. C. During medical leave. the Employee shall be required to fumish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave. the Employee shall furnish the Employer with a statement. signed by the doctor. which establishes the ?tness of the Employee to retum to the Employee's previously held work. Any Employee who is not able to retum to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment. D. If the Employee files for medical leave on false pretext or works for another employer without pre-authorization from the company. the Employee will be removed from employment with Employer. SECTION 12.3 MILITARY LEAVE An Employee of the Company who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence. as required under the federal law. for the time spent in full- time active duty. The period of such leave shall be determined in accordance with applicable federal laws in elTect at the time of such leave. SECTION 12.4 UNION LEAVE The Employer agrees to grant necessary time off. limited to a combined total of two (2) weeks for all employees during each year of this Agreement. without discrimination and without pay. to an employee designated by the Union to attend a Labor Convention. Steward Seminar. Union Meetings. Grievance Hearings. and/or Executive Board Meetings. provided that a seven (7) day advance written notice of the intention of such designated employee to be absent shall be given by the Union to the Employer. The notice shall specify the length of requested time off. The Union agrees that such time olT request shall not be exercised to the detriment or disruption of the operation of the business. Employees shall continue to accumulate seniority while taking such authorized time off for Union business. SECTION l2.5 PROCESSING UNPAID LEAVES OF ABSENCE A. The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. Art unpaid leave of absence must be processed in the following manner: (The term "days" whenever used in this Section shall not include Saturdays. Sundays or holidays). B. All requests for unpaid leaves of absence shall be submitted in writing to Project Manager or designee at least ten (l0) days prior to the date the leave will take effect. except in cases of verified personal emergencies. and include: I. The reasons for such leave: PAGE 23 160 2. The effective dates of such leave: 3. The estimated date of retum to work. The Company will respond to the request within seven (7) days. The written request for leave of absence shall be submitted to the Project Manager for final approval. If the request for the leave of absence is approved by the Project Manager. a copy of the approved leave of absence will be given to the Employee involved. Extensions of the leave of absence may be granted at the sole discretion of the Employer. upon written request by the Employee within ten (l0) days prior to the expiration of the leave of absence. Extensions, when granted. shall not total more than thirty (30) days. SECTION 12.6 JURY SERVICE Employees will be reimbursed for up to six' (6) eight (8) hour days per year for any loss of income during their otherwise regularly. scheduled work week for time spent onjury service- Said reimbursement shall be offset by any jury fees received by the Employee which must be submitted to the Company. Employees must inform their supervisor immediately upon receiving a notice to report for jury service. The Company reserves the right to request an exemption when the Company determines that the Employee's absence would create a hardship. SECTION I2.7 BEREAVEMENT LEAVE A. C. if it is necessary for an Employee to lose time from work because of a death in the immediate family. the Employee shall be entitled to up to three (3) days paid leave of absence at his or her straight-time rate of pay. Two (2) additional paid days will be granted if the employee is required to travel outside the State of Florida to attend the funeral. memorial service or to assist with bereavement details. The immediate family is defined as the Employee's father. mother. current step parent. spouse. current mother-in-law or father-in-law. sister. brother. children (including legally adopted children and current stepchildren). son-in-law. daughter-in-law. grandparents. grandchildren. spousal grandparents. and (if living in the employee's home) foster children. The Company may require proof of the death and/or travel for which an Employee requests a paid leave. SECTION [2.8 ABSENTEEISM FROM DUTY. A. When an employee fails to report'for' duty or to notify the appropriate supervisor four (4) hours prior to the start of the. scheduled. shift. it is considered a "no call/no show?. ln the event extenuating circumstances prevent an employee from reporting to work and notifying the office prior to the scheduled shift. an employee must contact the appropriate supervisor as soon as possible and explain the failure to report for duty. Explanations are subject to verification. Unveri?ed and excused absences from duty will result in disciplinary action. AGS considers that an employee has resigned their position voluntarily (voluntary separation) if the employee is absent from duty due to "no call/no show" more than three (3) consecutive Shifts. absent extenuating circumstances} PAGE 24 161 ARTICLE 13 MISCELLANEOUS PROVISIONS SECTION I3.l MEDICAL EXAMINATIONS The Company may require. as a condition of initial and continued employment. that applicants and Employees submit to medical examinations to determine ?tness for duty. Such examinations may include laboratory tests to detect the presence of alcohol or illicit drugs. The medical examinations may be administered before the commencement of work as part of the hiring process. after layoffs or leaves of absence in excess of thirty (30) calendar days. alter on-the-job accidents and upon reasonable suspicion of drug or alcohol use or impairmer4. The Company may also require Employees to undergo such medical tests on an annual basis or as determined by governmental directive. The Company shall bear the cost of any such medical examination. If an Employee should test positive for the presence of illicit drugs. the Company may terminate the Employee. SECTION 13.2 BULLETIN BOARD A) The Company shall provide an appropriate bulletin board exclusively for the use of the Union for the positing of non-controversial notices. such as: Notices of Union recreational and social affairs: Notice of Union elections; Notices of Union appointment and results of Union elections: Notices of Union meetings; Notices of other official Union business. 8) There shall be no postings on the Union bulletin board of advertising or political matters not pertaining to Union affairs. ARTICLE [4 SAFETY SECTION 14.] SAFETY POLICY It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement. a worksites and facilities are the property of the U.S. Govemment. who is responsible for the condition and safety of the worksite. Before the end of each shift. employees shall be allowed ?ve (5) minutes wash up time immediately preceding the end of shill. The Company and the Union shall establish a joint employee company safety committee: the Union may designate a representative on such a committee. The Company will provide. a its?expense. inoculations to employees under this Agreement whose work assignments require. inoculations. PAGE 25 162 An employee hereunder who. during regular working hours. is excused to be treated by a Company physician or nurse will suffer no loss in pay for the remainder of that shift. The Union shall have the right to confer with management on sanitary and safety conditions. SECTION 14.2 OSHA STANDARDS The Company will report any safety violations observed or reported to the Company in any US. Govemment-provided workstation or break room. ARTICLE l5 CONTINUITY OF OPERATIONS SECTION l5.I NO STRIKES A. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company's kitchen operations. Therefore. so long as this Agreement is in effect. the Union and the Company agree that there will be no strikes. lockouts. work stoppages. illegal picket lines. slowdowns. or secondary boycotts during the term of this Agreement. B. Upon hearing of an unauthorized strike. slowdown. stoppage of work. planned inefficiency. or any curtailment of work or restriction or interference with the operation of the Employer. the Union shall take af?rmative action to avert or bring such activity to prompt termination. SECTION IS.2 LOCKOUTS During the life of this Agreement. the Employer shall not lockout any Employees covered in this Agreement. ARTICLE I6 SEPARABILITY OF CONTRACT Should any part of this Agreement or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of any court of competent jurisdiction. such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Remaining parts or provisions shall remain in full force and effect. In the event any provision of this Agreement becomes invalid due to the foregoing. the parties agree to meet immediately solely to attempt to negotiate replacement provisions for such invalid provisions within the limits of the law. If the parties are unable to agree upon such replacement provisions within a period of thiny (30) days after commencing negotiations on the matter. either party may request that the matter be submitted to the Federal Mediation and Conciliation Service for non-binding mediation in order to attempt to resolve the matter. PAGE 26 163 ARTICLE l7 MACHINES, EQUIPMENT AND SUPPLIES Specialized equipment, tools. or materials furnished by the Company necessary for the employee to perform prescribed duties shall be issued to employees on a tool custody sheet. Employees will exercise proper care in the use of such specialized equipment. tools. or materials. ARTICLE l8 CLOTHING ALLOWANCE The Employer will provide or make available the following apparel and equipment to the employees: A) Five (5) sets of uniforms annually. to be retained by the employee. Replacement of said uniforms will be done when rendered unsuitable through normal wear and tear or accidental damage of the uniform. If no longer suitable as work uniform. company name and logo will be removed. 8) Employees will be provided with $l00.00 annual for the purchase of appropriate rubber soled safety shoes. ARTICLE I9 TRANSFER OF COMPANY TITLE OR INTERESTS This Agreement shall be binding upon the panics hereto. their successors. administrators. executors and assigns. in the event an entire operation or any pan thereof is sold. leased transferred or taken over by sale. transfer lease assignment. receivership or bankruptcy proceedings. such operation shall continue to be subject to the terms and conditions of this Agreement for the life thereof. This Article understands that the parties hereto shall not use any leasing devise to a third party to evade this contract. The employer shall give notice of the existence of this Agreement to any purchaser. transferee. lessee. assignee. etc. of the operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union no later than the effective date of sale. This section shall not apply to a sale of inventory or the premises. ARTICLE 20 ALCOHOL. DRUGS AND FIREARMS No illegal or unauthorized drugs. related paraphernalia. intoxicating beverages or person under the in?uence of drugs. stimulants or alcohol are allowed on company owned or operated premises. work location or within company or contract vehicles. Possession of firearms and other weapons are also prohibited. Illegal drugs include marijuana and other controlled substances not prescribed by a licensed physician for use by the person possessing and/or ingesting them. Unauthorized drugs include prescribed drugs brought on the premises without prior notification to the company where an employee's use of the prescribed drugs may adversely affect performance or behavior. All employees must undergo pre- employment drug screening. annual random drug testing as well as being subject to "reasonable suspicions" testing as set forth in Article l3. PAGE 27 164 Any employee violating this Article will be subject to disciplinary action up to and including termination. The Government must be noti?ed of all positive drug tests which will result in the employee's security clearance automatically being cancelled. Cancellation of security clearance will result in immediate termination. ARTICLE 2] MISCELLANEOUS Employees covered by this Agreement shall be governed by the Company mles. regulations. and orders issued by the properly designated authorities of the Company which are not in con?ict with the terms and conditions of this Agreement, and no new Company rules, regulations. or orders will be considered effective until such new rules. regulations. or orders have been conspicuously posted in the working areas at least one (I) week prior to the effective date. In the event there is any con?ict between the provisions of this Agreement and Company policy applicable to employees covered by this Agreement. the provisions of this Agreement shall apply. Employees shall be noti?ed of all US. Govemment rules and regulations as well as camp rules for Krome Service Processing Center as soon as practicable and any changes to or new rules and regulations shall be effective immediately upon notice to the employee. The Company will, where not prohibited by security rules. provide all employees with written copies of the new or changed rule or regulation. lf Company or Government security rules prohibit the written distribution of the new or changed rule or regulation, employees shall be provided oral notice and verify in writing that they have been provided notice of and understand the new or changed rule or regulation on a form developed for that purpose which shall be maintained by Company as part of its corporate records. Appearance of the masculine pronoun throughout this Agreement does not imply discriminatory practices on the pan of the Company or the Union and shall apply equally to all female employees. An employee shall have access to and the right to inspection of his/her personnel record in the presence of a Company representative during normal business hours. The Union Business Representative. or designee. may review personnel records related to any speci?c discipline or discharge grievance. Such review will be made subject to the written permission of the employee involved and in the presence ofdesignatcd representative. The nature of the Company's business requires that uniformed and/or non-uniformed employees present an acceptable appearance. Hair. clothing. makeup. and accessories should neatly and reasonably conform to standards appropriate to the working environment. lire Company will not take administrative action unless the employee has been advised previously that his or her appearance is inappropriate. The Union will provide a printed copy of this Agreement to current employees upon request within a reasonable time subsequent to noti?cation of rati?cation by the Union. Newly hired employees shall be provided a copy of this Agreement by the Company on his or her ?rst day worked. PAGE 28 165 ARTICLE 22 DURATION 'Ihis agreement shall be in force ?om March I. 2015. until midnight on February 28. 2018. Each party may notify the other of their intent to open this agreement for negotiations anytime within ninety (90) days before the expiration of the current agreement. PAGE 29 166 IN WITNESS WHEREOF, the parties have caused their representatives to sign this Agreement as ?ill acknowledgment of their intention to be bound by the Agreement FOR: By: Of?cer/Busing Agent International Brotherhood of Tea?sters, Local Union No. 769 Date I By: Title: ho Steward Date 3 - l5 FOR: Akirna Global Services By: . Title: lDirecmr of Employee and Labor Relations Date 31/2- 3 3! Ti Date 3129115 2019-ICLI-00048 167 PAGE 30 Appendix A WAGE AND BENEFIT SCHEDULE Listed below are the Wages and Bene?ts for the Food Service Workers and Cooks at the Kromc Service Processing Center. Current (as of Effective Date) Food Service Worker 3 l2.72 hour Cookl /hour Cook ll 3 20.46 hour Health Welfare 5 4.56 regular hour paid up to 40 Effective May I, 20l5 Food Service Worker 8 I304 I hour Cook l- I6.l0/hour Cook II 3 20.97 hour Health Welfare Food Service Worker Cook Cook ll Health Welfare 5 4.80 regular hour paid up to 40 E?'ective May I. 20l6 l3.33 hour 3 l6.46/hour 2 .44 hour 4.90 regular hour paid up to 40 Effective May I. 2017 Food Service Worker 5 I163 hour Cook 5 I6.83 hour Cook II $2L92/hour Health Welfare 4.90 regular hour paid up to 40 168 PAGE 31 Collective Bargaining Agreement Between AKIMA GLOBAL SERVICES -and - NATIONAL UNION OF SECURITY OFFICERS GUARDS (Detention O?icers) LE PREAMBLE ARTICLE I GENERAL PROVISIONS Section 1.1 Bargaining .. 3 Section 1.2 Negotiating Committee and Bargaining Obligations. .. .. .3 Section 1.3 Classifications. . . . . 3 Section 1.4 Steward . . .. . ..4 Section 1.5 Managers and Salaried Personnel .. Section 1.6 Union . . . . 4 Section 1.7 Dues Checkoi?f" . .. . .5 Section 1.8 Intent of Parties . Section 1.9 Equal Opportunity . . 6 ARTICLE 2 SENIORITY Section 2.1 Seniority De?ned . .. . . 6 Section 2.2 Seniority .. .. ?7 Section 2.3 Personal Data . .. 7 Section 2.4 Transfer Out oI?Unit . 7 Section 2.5 Probationary Employees . . . 7 Section 2.6 Termination of Seniority . . 8 ARTICLE 3 JOB OPPORTUNITIES Section 3.1 Filling Vacancies . . . .. . Section 3.2 LayoiI and Reca11.. . . .. 9 Section 3.3 Temporary . . .. 9 ARTICLE 4 RETAINED RIGHTS Section 4.1 . . 10 Section 4.2 Reservation of . . . . 10 ARTICLE 5 GRIEVANCE PROCEDURE Section 5.1 Intent. . 10 Section 5.2 General Provisions. . 10 Section 5.3 Grievance Procedure . II Section 5.4 Arbitration Procedure . 11 Section 5.5 Class . . 12 Section 5.6 Individual . .. . l2 2019-ICLI-00048 170 ARTICLE 6 DISCIPLINE Section 6.1 Grounds for Discipline and Dismissal . . . .12 Section 6.2 General Provisions for Discipline and Dismissal . 13 Section 6.3 Members . . 13 Section 6.4 Administrative Leave . ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 Workdays and Workweek .. . . . 13 Section 7.2 Overtime . . . . . 14 Section 7.3 Overtime Assignment . .. 14 Section 7.4 Rest . . . 15 Section 7.5 Gear Upchar Down. . . ARTICLE 8 WORK SHIFTS AND PAYMENT POLICIES Section 8.1 Wage . . . . . 15 Section 8.2 Call in 15 Section 8.3 Payday.. . . . . 15 Section 8.4 Undisputed .. 15 ARTICLE 9 HOLIDAYS Section 9.1 Holidays Dellned . . 16 Section 9.2 Miscellaneous Holiday . . . . 16 ARTICLE 10 VACATIONS Section 10.1 Eligible Full-Time and Part Time Employees . . . 17 Section 10.2 Scheduling Vacations . . .. 17 Section 10.3 Unused Vacation . . . 17 Section 10.4 Pay In Lieu 01? Vacation Leave . . . 17 Section 10.5 Terminating . 17 Section 10.6 Vacation - Laid 011' Employees . . 17 Section 10.7 Vacation - Length 01? Service . . 18 Section 10.8 Vacation - . . 18 Section 10.9 Holidays Occurring During A Scheduled Vacation . . . . 18 ARTICLE 11 LEAVES OF ABSENCE Section 11.1 Limitations . .. . 18 Section 11.2 Medical Leave . . 18 Section 11.3 Military . 19 Section 11.4 Union . . 19 Section 11.5 Personal Leave? . . . 19 Section 11.6 Sick .. . . . . 20 Section 11.7 Processing Unpaid Leaves of Absence . 21 Section 11.8 General Provisions . .. . 21 Section 11.9 Bereavement. . .. 21 Section 11.10 Jury Duty . . 22 Section 11.11 Absenteeism from Duty . . . 22 ARTICLE 12 HEALTH, WELFARE AND UNIFORM ALLOWANCES Section 12.1 Payments. .. . 22 2019-ICLI-00048 171 Section 12.2 Other Bene?ts . . . 23 Section 12.3 Uniform and Uniform Maintenance. . 23 ARTICLE 13 MISCELLANEOUS PROVISIONS Section 13.1 Bulletin 23 Section 13.2 Physical Examinations.. . 24 Section 13.3 Travel Expenses . 24 Section 13.4 Break Room: . . 24 Section 13.5 Lockers .. . 24 Section 13.6 Union Meetings . . .. 24 Section 13.7 Visitation. . . ..25 ARTICLE 14 401(k) Plan .. 25 ARTICLE 15 SAFETY Section 15.1 Safety Policy .. .. . . 25 Section 15.2 OSHA .. . 25 ARTICLE 16 CONTINUITY OF . . 26 ARTICLE 17 SEPARABILITY OF 26 ARTICLE 18 ENTIRE AGREEMENT 0000000 .0 ARTICLE 19 DURATION . . . .. 27 Appendix A Wage Schedule. . .. . .. 28 172 Collective Bargaining Agreement Between AKIMA GLOBAL SERVICES, LLC. and the NATIONAL UNION OF SECURITY OFFICERS GUARDS Effective July 1, 2014 Through June 30, 2017 173 PREAMBLE THIS AGREEMENT is made and entered by and between Akima Global Services, LLC, (hereinafter referred to as ?Employer? and/or ?Company?) and National Union of Security Of?cers and Guards, (hereina?er referred to as or the ?Union") having its of?ce located at 148-06 Hillside Avenue, Jamaica, New York 11435. on behalf of its members at the ICE facility at Krome, FL (Krome Service Processing Center). AKIMA NUSOG CBA (Detention Of?cers) 2014-2017 2 174 ARTICLE 1 GENERAL PROVISIONS SECTION 1.1 BARGAINING UNIT This Agreement is entered between Akima Global Services, LLC (hereinafter referred to as ?Company?, and/or ?Employer?) and the National Union of Security Officers and Guards (hereina?er referred to as the Union or The Company recognizes the Union as the sole and exclusive bargaining representative of the employees in the unit described below for the purpose of collective bargaining as defined in the National Labor Relations Act. The unit is defined as all full-timg and part-time Detention Qf?cers employed by AGS at Immigration and Customs Enforcement (ICE) Krome Service Processing Center, 18201 S.W. 12'h Street. Miami, Florida 33194, with respect to wages, hours and conditions of employment, excluding all other employees including, office clerical employees and professional employees as defined in the National Labor Relations Act. This Agreement shall be binding upon all parties, their successors and assigns. In the event of a sale or transfer of the business of the Employer, or any part thereof. the purchaser, transferee or assignment to a new contractor by ICE, shall be bound by this Agreement. SECTION 1.2 NEGOTIATING COMMITTEE AND BARGAINING OBLIGATIONS The Company agrees to recognize a Negotiating Committee composed of up to two members per shift from the Krome facility and two (2) members based at the Airport facility to represent the membership selected by the Union to represent the Employees in collective bargaining negotiations. Obligation to Bargain. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated; and that the agreements contained herein were arrived at after the free exercise of such rights and opportunities. Separability. In the event that a provision of this Agreement is held to be unlawful by a court of final jurisdiction or is rendered unlawful by a state or federal statute, all other provisions of this Agreement shall remain in full force and effect. In the event a provision of this Agreement becomes unlawful by such judicial or legislative action, the parties shall meet for the limited purpose of negotiating a substitute for said affected clause. SECTION 1.3 CLASSIFICATIONS A. Full-time employees are those employees who regularly work an average of thirty- two (32) hours or more a week. B. Part-time employees are those employees who regularly work less than an average of Thirty-two (32) hours a week. Part-time employees are eligible for holiday pay and AKIMA NUSOG CBA (Detention O?icers) 2014-2017 3 175 vacation leave benefits. Part-time employees are eligible for all other bene?ts on a pro-rata basis to the hours they are regularly scheduled to work. C. Employees covered by this Agreement shall not be required as part of their regular duties to deliver office supplies, furniture, equipment or distribution that does not pertain to normal assigned duties. Nothing in this provision shall prohibit employees from being asked to transport something that can be carried with minimal exertion to someone if the employee is headed in that direction. D. Employees covered by this Agreement shall not be required to perform janitorial services other than picking up after themselves. SECTION 1.4 STEWARD SYSTEM A. The Employer agrees to recognize one (I) shop steward and one (I) assistant shop steward for each shift at the location, duly appointed by the Union. B. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company/Union business during scheduled working hours. C. If the Employee requests, the Company will call for a steward prior to any disciplinary action taken, whether it be written or verbal. The supervisor, at the request of the Employee, will release the steward as soon as possible. SECTION 1.5 MANAGERS AND SALARIED PERSONNEL Managerial and salaried Employees shall not perform the duties of the Employees in the bargaining unit, except in the following circumstances: a) Instruction, training, or assistance of an employee, including demonstrating proper methods of performing the work; b) Temporary substitution for an absent employee not to exceed the duration of a shi?; c) To familiarize themselves with new jobs or processes; or d) When it is necessary to meet emergency requirements of customer and other emergencies when a bargaining unit employee is not available. SECTION 1.6 UNION SECURITY A. An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of retaining membership in the in the Union and of continued employment. B. An Employee who is not a member of this Union at the time that this Agreement becomes effective shall, within ten (10) days a?er the 30?? day following the effective date of this Agreement or date of hire, either: AKIMA NUSOG CBA (Detention Of?cers) 2014-20? 4 176 I. Become a member of the Union and remain a member. 2. Pay the Union Agency Fee. The amount of this agency fee shall be equal to that paid by regular Union members to include regular and usual initiation fees. The agency fee will not include any assessments, special or otherwise. Such payments shall commence on the day after the date of hire. a) Employees who are members of, and adhere to the established and traditional tenets of a bona-ftde religion, body, or sect, which has historically held conscientious objections to joining or ?nancially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency fee required above, to a tax-exempt organization (under Section 501(c)(3) of the IRS Code). The Union shall have the right to charge any Employee exercising this option, the reasonable cost of using the arbitration procedure of this Agreement on the Employee's individual behalf. Further, any Employee who exercises this option shall four times a year submit to the Union proof that the charitable contributions have been made in the amount that is equal to the agency fee amount. C. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including, but not limited to, any Executive Orders permitting or restricting Union security rights. If there is a legal challenge to any provision of this Article, the Employer may suspend its obligations under this Article for the duration of the dispute after conferring on the matter with the Union. D. The Union, including its International, agrees to savc and hold the Employer harmless from any and all claims, actions, suits, damages, or costs, including any attorney?s fees incurred by the Employer, on account of any matter relating to the terms of this Article, including, but not limited to, any claims by any Employee(s) and compliance with the law. SECTION 1.7 DUES CHECKOFF A. The Company agrees to deduct dues as designated by the Union on a basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues. B. The Company will remit all such deductions to the Financial Secretary/Treasurer within ?ve (5) business days from the date that the deduction was made by check. The Company shall furnish the Financial Secretary/1? reasurer with a deduction list, setting forth the name and amount of dues, within seven (7) business days of each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 177 Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered a violation of this provision by the Union, providing such errors are unintentional and corrected when brought to the Company's attention. SECTION 1.8 INTENT OF PARTIES The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be a plied and interpreted fairly, conscrentiously, and in the best interest of efficient security operations. The Union and the Company agree to use their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective. SECTION 1.9 EQUAL OPPORTUNITY In connection with the performance of work under this Agreement, the Company and the Union agree not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. The aforesaid provision shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, or selection for training. The parties agree to comply with all applicable local, state, and/or Federal laws and Executive orders pertaining to non-discrimination and equal opportunity in employment. The Company and the Union agree to post in conspicuous places, available for employees and applicants for employment, notices provided by the appropriate contractual/regulatory agencies setting for the provisions of the equal opportunity requirements. The provisions of this article will not operate to invalidate any other term or condition of this Agreement. The Company and Union agree not to discriminate against an employee because of employee?s exercise of the rights guaranteed in Section 7 of the National Labor Relations Act, as amended. ARTICLE 2 SENIORITY SECTION 2.1 SENIORITY DEFINED A. Union seniority shall be the length of continuous service from the Employee's last date of hire as a Detention Of?cer for the Employer. past or present and/or any predecessor Employer. Seniority shall not accrue until the Employee has successfully completed the probationary period. Seniority shall be applicable in determining the AKIMA NUSOG CBA (Detention Of?cers) 20l4-2017 6 178 order of layoff and recall, vacation schedules, extra work, transfers, and other matters as provided for in this Agreement. B. For the purposes of vacation schedules, transfers, and extra work, union seniority shall be de?ned as seniority within the work site. C. Any Employee permanently transferred out of the designated Local Bargaining Unit for any reason shall lose their Union seniority as it applies to the order of layoff and recall, vacation schedules, extra work, and other matters as provided for in this Agreement. SECTION 2.2 SENIORITY LISTS The Company shall prepare an up-to-date seniority list (by last date of hire under the contact), which shall be posted on the furnished bulletin boards, and the Company shall furnish to the Union a duplicate copy of such seniority list, advising of any additions or deletions thereto. SECTION 2.3 PERSONAL DATA Employees shall notify the Employer in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer?s of?cial records. SECTION 2.4 TRANSFER OUT OF UNIT An employee who accepts a permanent management position with the Company within the Contract sites but outside the bargaining unit, shall retain the seniority the employee had at the date of the promotion to management, but shall not accumulate additional seniority while in that capacity. If the employee returns to the bargaining unit, the employee will return to a position on the seniority list to which he/she is entitled to according to his/her previously retained seniority. SECTION 2.5 PROBATIONARY EMPLOYEES Each newly hired employee shall be considered a probationary employee of the Company during his/her ?rst ninety (90) days following completion of their required On-thc-Job Training in Phase I. The Union will still represent Probationary Employees for problems concerning wages, hours and working conditions. The Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement. Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union. The Employer shall notify the Union upon request of all new employees hired and of all employees terminated, setting forth their address and job classi?cation and department. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 7 179 SECTION 2.6 TERMINATION OF SENIORITY The seniority of an Employee shall be terminated for any of the following reasons: 1. Employee is discharged forjust cause; 2. Employee voluntarily quits; 3. A settlement with the Employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer; 4. The Employee is laid off for a continuous period of one hundred eighty (180) calendar days; The US. Government revokes the Employee's credentials as a The Employee is permanently transferred out of the bargaining unit. Employee has failed to express his or her intent to return to work, and/or does not return to work in accordance with the requirements in this article; 8. Employee fails to report to work for two (2) consecutive scheduled days without notifying the Company, except in case of circumstances beyond his or her control. >199. The seniority of an Employee shall not be terminated if the employee is unable to report to work because of a non-occupational injury or illness shall retain his/her seniority for one (I) year, except that he/she shall be subject to layoff according to his/her seniority. Employees who are unable to report to work because of an occupational injury or illness shall retain their seniority during the term of their disability, except they shall be subject to layoff according to their seniority. ARTICLE 3 JOB OPPORTUNITIES SECTION 3.1 FILLING VACANCIES It is understood senior employees shall have preference of assignments to shi?s and days off. An employee may file with the Company a written request for a change of shift or days off. The time and date of the filing shall be noted on the face of the request and the Company shall maintain them. When the Company does determine that an opening exists, the Company will fill the opening in the following manner: 1. Award the opening to the senior full-time employee in the same classification that has had a written request on file with the Employer a minimum of fourteen (14) calendar days. If no full-time employee has a written request on file with the Employer, the Company may then fill the opening as follows; 2. Award the opening to the senior part-time employee in the same classification that has had a written request on file with the Employer a minimum of fourteen (14) days. If no part-time employee has a written request on file with the Employer. the Company may then fill the opening as follows; AKIMA NUSOG CBA (Detention Of?cers) 8 180 3. Post a notice of the opening to all full-time and part-time employees in the same classi?cation; giving those employees seven (7) calendar days to request being awarded the opening in writing, and awarding the opening to the senior full-time employee that requested the opening in writing within the seven (7) calendar days. If no full-time employee requested the position, it will be given to the senior part-time employee who requested the opening in writing within the seven (7) calendar days. If no full-time or part-time employee requests being awarded the opening in writing within seven (7) calendar days, the Company may then ?ll the opening as follows; 4. Post a notice of the opening to all full-time and part-time members of the bargaining unit currently working in a different classi?cation, but meeting all quali?cations for the classi?cation in which the opening exists, giving those employees seven (7) calendar days to request being awarded the opening in writing, and awarding the opening to the senior full-time employee that requested the opening in writing within the seven (7) calendar days. If no full-time employee requested the opening within seven (7) calendar days, the Company will then award the opening to the senior part-time employee that requested the opening in writing within the seven (7) calendar days. lf no full-time or part-time member of the bargaining unit requests the opening in writing within seven (7) calendar days of the noti?cation of the opening. the Company may then ?ll the opening as follows; 5. Fill the opening from outside the bargaining unit. SECTION 3.2 LAYOFF AND RECALL ln the event of a layoff or recall from layoff, seniority shall control, provided the senior employee is capable of performing the available work. The employee with the least seniority shall be laid off ?rst and recall will be in the inverse order of layoff. It is understood that probationary employees will be laid off before employees with seniority. lt is the responsibility of the laid off employee to keep the Company advised by certi?ed mail of any changes in his/her mailing address. The employee shall reply to the Company his/her intent to return to work within seventy-two (72) hours after receipt of certi?ed notice from the Company of recall. The employee will then have a maximum of ?ve (5) calendar days to report for duty. SECTION 3.3 TEMPORARY ASSIGNMENTS In the interest of maintaining continuous operations. the Employer may temporarily assign an employee from a lower to a higher classi?cation of work during any shift. The employee will receive the rate of pay for the higher classi?cation for all time spent in the higher classi?cation. An employee assigned to work in a lower classi?cation will not have his rate of pay reduced. To the extent feasible the assignment shall be a voluntary selection based on seniority and quali?cation. In the absence of volunteers. assignments shall be made on a reverse seniority and quali?cations basis. AKIMA NUSOG CBA (Detention O?'lcers) 20l4-20l7 9 181 ARTICLE 4 RETAINED RIGHTS SECTION 4.1 Management of the business and direction of the security force are exclusively the right of management. These rights include the right to: Hire; Assign work and schedule at the company?s discretion; Promote, Demote; Discharge, discipline, or suspend based on Article 6; Make and enforce work rules not inconsistent with the provisions of this agreement; Require Employees to observe reasonable Employer rules and regulations; Determine when overtime shall be worked; Determine the quali?cations of an Employee to perform work. 9?99 SECTION 4.2 RESERVATION OF RIGHTS Any of the rights, powers, or authority the Company had prior to the signin of this Agreement are retained by the Company, except those specifically-abridged or modift by this Agreement and any supplemental Agreements that may herea?er be made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights. ARTICLE 5 GRIEVANCE PROCEDURE SECTION INTENT A grievance shall be de?ned as any dispute concerning the application or interpretation of this Agreement, or any dispute concerning wages, hours, or working conditions of employees covered by this Agreement. However, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration hereunder. The grievance procedures outlined herein shall not be used for any action or order of removal of an Employee from working under the contract by the US. Government, revocation of required clearances by the US. Government, or loss of any licenses required by the State of Florida. In addition, the grievance procedures outlined herein shall not apply to any situation where the Company is acting under the express directives of the US. Government or the State of Florida. SECTION 5.2 GENERAL PROVISIONS The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term ?days" shall not include Saturday, Sundays or holidays when used in this Article. AKIMA NUSOG CBA (Detention Officers) 20l4-20I7 lO 182 Should either the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits shall forfeit the grievance. When the Company requests a meeting with the shop stewards/committee during working hours, the Union members will not be docked for time lost in attending such meeting. However, pay for such meeting shall not extend to hours in excess of eight (8) in one workday and no overtime shall be paid. In the event of grievance on the graveyard shift, the Company agrees to meet with the Union at 0600AM during regular workdays for the purpose of discussing the grievance. SECTION 5.3 GRIEVANCE PROCEDURE All grievances shall be presented and processed in accordance with the following procedures: A. One. The Employee or Union Representative shall, not later than ten (10) days after the incident being grieved, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee or the Union Representative, and shall be submitted to the Project Manager or designee. The Project Manager or designee shall have ten (10) days from the date the grievance was received by the Project Manager or designee to return a decision in writing to the aggrieved Employee, the Union Representative and NUSOG at its address as stated in this Agreement?s preamble. 8. Step Two. If the grievance is not settled in Step One, the grievance may be appealed in writing through the Project Manager to the Director of Operations or Company?s Human Resources Manager or designee no later than ten (10) days from the denial by the Project Manager or designee. The Human Resources Manager or designee will have ten (10) days from the date the grievance was received to return a decision, in writing, with a copy to the aggrieved Employee, the Union Representative and NUSOG at its address as stated in this Agreement?s preamble. C. Grievancg Discipline. Any grievance involving discharge or other discipline may be commenced using this procedure. Disciplinary charges must be served on the employee no later than thirty (30) days after the alleged misconduct. The written grievance challenging the discharge or discipline shall be presented to the Project Manager or designee within ten (10) days alter disciplinary charges have been served on the employee. SECTION 5.4 ARBITRATION PROCEDURE A. Splection pf an Arbitrator. Within ten (l0) days of the Union?s receipt of the Human Resources Manager?s decision, the Company and the Union will meet either in person or telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within ten (l0) days, the parties fail to agree upon the selection of an arbitrator, the Union will request the American Arbitration Association to supply a list of arbitrators. An arbitrator will be selected per the rules of the American Arbitration Association AKIMA NUSOG CBA (Detention Officers) 20I4-20l7 183 B. Daisign 9f the Arbitrator. The decision of the arbitrator shall be ?nal and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. C. Arbitration Expense. The arbitrator?s fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Employee. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses of other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses. D. Time Limits. The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her. E. The arbitrator shall have no authority to amend, modify, change, add to, or subtract from any of the terms or conditions of this Agreement or to base a decision on any past practice which is inconsistent with the provisions of this Agreement. F. The limits set forth herein may be extended only by mutual agreement of the union and the Company. SECTION 5.5 CLASS ACTION The Union shall the right to file a group grievance (class action) or grievances involving more than one (I) Employee at Step One of the grievance procedure. SECTION 5.6 INDIVIDUAL GRIEVANCES No individual may move a grievance to arbitration. ARTICLE 6 DISCIPLINE SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL Disciplinary action will consist of a verbal warning, a written warning and suspension or termination. The Employer may skip one or more of these steps, depending on the severity of actions causing the disciplinary action. After completion of the probationary period, no Employee shall be dismissed or suspended without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the US. Government, or revocation of required credentials by ICE. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 l2 184 The Company?s contract with the US. Government sets out performance standards for the DOs and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non-disciplinary directive issued by the Government. SECTION 6.2 GENERAL PROVISIONS FOR DISCIPLINE AND DISMISSAL The Company?s contract with the US. Government sets out performance standards for the 005 in and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non-disciplinary directive issued by the Government. Upon written request, the Company will provide the Union, in a timely manner, with all information concerning the removal that they may legally release, and will provide the Union with any relevant information concerning the proper Government point of contact and their contact data. The ?final decision? on the employee?s removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the employee for any further claims made a?er this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. SECTION 6.3 MEMBERS RIGHTS Any time an employee is to be interviewed and disciplinary action may be taken, he/she may have a Shop Steward or Union representative present. Both the employee and Union representative are entitled to know what the meeting is about and are entitled to consult prior to the interview. SECTION 6.4 ADMINISTRATIVE LEAVE The Company has the right to place individuals on administrative leave without pay during an investigation. If the Employee is cleared during the investigation, they will be reinstated with back pay for the length of the administrative leave. If the Employee is found to have engaged in conduct which merits termination, they will be terminated and not compensated for their administrative leave. If the investigation finds that there is not just cause for termination, but lesser discipline is justified, some or all of the administrative leave can be converted to a disciplinary suspension. ARTICLE 7 HOURS OF WORK AND OVERTIME SECTION 7.1 WORKDAY AND WORKWEEK For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be AKIMA NUSOG CBA (Detention Officers) 20l4-20l7 l3 185 scheduled at the discretion of the Employer to ful?ll the needs of the US. Government. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week. The workweek is 12:00am Sunday to ll:S9pm Saturday. The workday shall be defined as an 8 hour shift between l2:00am and 11:59pm SECTION 7.2 OVERTIME A. Overtime pay is calculated at one and one-half (l and Va) times the employee?s regular rate for all hours worked over forty (40) hours in one (I) workweek. Hours paid that are not worked, e.g. vacations, do not count as hours worked for overtime purposes. SECTION 7.3 OVERTIME ASSIGNMENT Bargaining Unit Employees will be expected to work reasonable overtime assignments. A list of volunteers shall be compiled by seniority for each shift. When the senior volunteer works overtime, his/her name will go to the bottom of the list. When a Bargaining Unit Employee is next on the list, and cannot work because of personal reasons, he/she will be passed over and the next Bargaining Unit Employee on the list will work overtime and the Bargaining Unit Employee?s name who turned down the overtime assignment will be next in turn for overtime. Mandatory Overtime: When the overtime requirement is involuntary, the Bargaining Unit Employee with the least seniority will be required to meet the overtime requirement on a rotating basis. This includes involuntary call-in, which results in overtimes. Employees shall be permitted to make trades of work days with other employees, provided each employee is qualified to perform the duties. and provided that the trade will not cause the company to be required to pay overtime or other compensation greater than what it would be required to pay if the trade was not made. All trades will be approved in advance by the Project Manager or Site Captain. On-Call Overtime: When Employees are needed to cover absences or posts on an on-call basis, Employees who are not scheduled for forty (4) hours of work in the week shall be contacted first. If the shift cannot be filled by such Employees and overtime would be required, the Company would then offer such time to Employees who had volunteered for such work based on seniority on a rotating basis. The Company will provide a method for employees to volunteer overtime. Employees must volunteer without restrictions, including posts or locations. If there are insufficient volunteers, employees will be mandated to work such on-call assignments pursuant to this Article. (NOTE: The federal law states that any employee who works over 40 hours in any given work week shall receive overtime, therefore the trade must take place in the same workweek for pay). It is agreed that Bargaining Unit Employees will not be given time off in order to offset the payment of overtime. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 l4 186 SECTION 7.4 REST PERIODS There shall be one twenty (20) minute paid rest period for each eight (8) hour shift and one ten (10) minute paid rest period per 4 hours of additional time worked on the same day. These rest periods require that the Employee be properly relieved before leaving their post. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. lt is not the intent of the Company to avoid this requirement. SECTION 7.5 GEAR DOWN All employees shall be compensated for time spent on post and for time spent on paid rest periods in accordance with Section 7.4. Employees shall not be compensated for any other time spent on the jobsite. Employees? arrival and departure times from the jobsite shall not be unreasonably restricted. ARTICLE 8 WORK SHIFTS AND PAYMENT POLICIES SECTION 8.1 WAGE SCHEDULE All employees shall receive not less than the minimum wage rate as set forth in the scheduled job titles and wage rates as re?ected in Appendix attached hereto and made a part hereof. SECTION 8.2 CALL IN PAY In the event employee reports to work for his/her shi? without having been noti?ed not to report, and work is not available, the employee shall be paid four (4) hours reporting pay at his/her regular rate of pay, including all benefits and allowances. Acts of God and failure of equipment beyond the Contractor?s control shall nullify the Contractor's requirement to pay such reporting time pay. SECTION 8.3 PAYDAY Wages are paid by check, employees shall be paid during their shill but no later than the end of their shift on payday. Employees working I l:00 P.M. - 7:00 AM. shift shall be paid during their shift but no later than 7:00 AM. on payday unless notified by the company of an unforeseen delay in the process. At its sole discretion, the Company will make its best efforts to pay employees every two (2) weeks by Direct Deposit no later than 12:01 AM. on payday. SECTION 8.4 UNDISPUTED ERROR In case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck a?er the error has been brought in written form to the Company's attention. Any error, involving eight (8) hours of pay or more, will be corrected and paid within three (3) working days. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 IS 187 ARTICLE 9 HOLIDAYS SECTION 9.1 HOLIDAYS DEFINED Whenever the term "holiday" is used, it shall mean: New Year '3 Day Labor Day Martin Luther King Jr. Birthday Columbus Day President ?5 Day Veteran ?3 Day Good Friday *Thanksgiving Day Memorial Day *Christmas Day Independence Day Employee ?3 Birthday SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS A. E. The parties recognize that the Krome operation is a 24 hour a day 365 days a year operation and must be staffed accordingly. As such, employees will be required to work on the holidays recognized above. A full-time position Employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift premium for that holiday. Any full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight (8) hours holiday pay at the straight time rate as described in (A) above. ln the event that the Holiday falls on a weekend. the term "holiday" will refer to the day that the US. Government designates as the Holiday. The twelve (l2) holidays shall be paid for regardless of the day of the week on which they fall. F. The employee who is requested and agrees to work on any of the above-named holidays but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline. G. Employees assigned to work Christmas and Thanksgiving will receive time and a- half plus the eight (8) hours holiday pay. H. Employees who work less than forty (40) hours per week average will have their holiday pay pro-rated based on average hours worked per week. AKIMA NUSOG CBA (Detention Officers) 2014-20? l6 188 ARTICLE 10 VACATIONS SECTION 10.1 ELIGIBLE FULL-TIME AND PART TIME EMPLOYEES Eligibility for vacation bene?ts shall be based on Department of Labor (DOL) rules under Service Contract Act. Eligible full-time Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule: An Employee who is assigned less than 40 hours per week on a regular basis. will receive prorated vacation bene?ts based on hours worked in the previous year based on the employee?s anniversary date. Upon completion of one (1) year of service: eighty (80) hours Upon completion of ?ve (5) years of service: one-hundred and twenty (120) hours Upon completion of ten (10) years of service: one-hundred and sixty (160) hours SECTION 10.2 SCHEDULING VACATIONS Provided that the Employee has time available to cover the requested time, vacations, insofar as is reasonably possible, shall be granted at the times most desired by the Employee, after the Employee's anniversary date. SECTION 10.3 UNUSED VACATION Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on Employee's anniversary date of employment) shall be paid to the Employee. SECTION 10.4 PAY IN LIEU OF VACATION LEAVE If an Employee has not been able to schedule all their earned vacation leave during the year, and risks losing this unused vacation leave, then the Company will allow the Employee to cash out any vacation leave remaining at the end of the Employee?s anniversary year. SECTION 10.5 TERMINATING EMPLOYEES Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act. (Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year?s earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period). SECTION 10.6 VACATION - LAID OFF EMPLOYEES Length of service with the Employer shall accrue for the purposes of vacation bene?ts while an Employee is on laid-olT status for up to one (1) year. Employees will only be paid vacation bene?ts upon returning to work. AKIMA NUSOG CBA (Detention Of?cers) 20l4-2017 l7 189 SECTION 10.7 VACATION LENGTH OF SERVICE Vacation schedules shall be based on length of service as de?ned with the present contractor and with prior contractors in the performance of work at various building at ICE, Krome Service Processing Center. SECTION [0.8 VACATION - INCREMENTS Consistent with Employer approval, ef?ciency, and economy of operations, Employees with two (2) or more weeks of vacation may take their vacation in segments of not less than one (1) week each. Those with more than two weeks? vacation may take the additional week in one (1) day, eight (8) hour increments. SECTION 10.9 HOLIDAYS OCCURRING DURING A SCHEDULED VACATION Should a holiday occur during an employee?s vacation, the employee shall receive one (1) additional day?s vacation with pay, or pay in lieu thereof, at the option of the employee. ARTICLE 11 LEAVES OF ABSENCE SECTION 11.1 LIMITATIONS Personal leaves of absence for non-medical emergencies may be granted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer. An employee on any unpaid leave of absence will be required to use available vacation or personal leave time in full before beginning the unpaid leave. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued bene?ts for any unpaid leave of absence over thirty (30) days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory unpaid leave of absence. Unpaid leaves of absence may be taken only with written approval of the Employer or in a case of veri?ed personal emergency. Failure to report for scheduled shi?s without Employer permission will Supervisor to disciplinary action. Any full-time employee who uses more than two (2) days of leave without pay (LWOP) per Government contract year for absences not covered by Family and Medical Leave Act of I993 (FMLA), Worker?s Compensation, or whose absence is not a company approved accommodation and/or leave, will face discontinuance of employment. All unpaid leaves of absence under this article are without pay, bene?ts, or allowance. SECTION [1.2 MEDICAL LEAVE A. The Family and Medical Leave Act of I993 (FMLA) is incorporated herein. AKIMA NUSOG CBA (Detention Of?cers) 2014-2017 18 2019-lCLl-00048 190 B. The Company agrees to honor the FMLA for all eligible Employees. C. During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment. D. If the Employee files for medical leave on false pretext or works for another employer without pre-authorization from the company, the Employee will be removed from the DO program and from employment with Employer. SECTION 11.3 MILITARY LEAVE An Employee of the Company who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave. An employee must furnish the Employer with a copy of his or her orders within five (5) days of receipt of such orders. SECTION 11.4 UNION LEAVE Up to four (4) union representatives will be granted an unpaid leave of absence no more than once a year for a maximum of ?ve days upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staf?ng requirements permit. More time may be granted upon mutual agreement between the Company and the Union. SECTION 11.5 PERSONAL LEAVE Each full-time Employee shall be eligible to use a maximum of 3 days of personal leave per 12-month year worked. Eligible full-time Employees shall be entitled to personal leave upon completing one year of continuous service with the Employer (based on the Employee's anniversary date of employment). A. Personal days shall be used in no less than four-hour increments and shall be paid when taken by the Employee as approved at least fourteen (14) days in advance by the Project Manager or Assistant Project Manager. B. Employees who work a regular schedule of less than 40 per week will receive pro-rated benefits based on the number of actual hours worked in the previous year based on anniversary date. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 l9 191 C. D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave pay will be paid to Employee within the month following their anniversary date. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of actual hours Employee worked during that year based on hire date anniversary. If the Employee has used more personal days upon termination than lie/she earned based upon time worked on the contract (2 hours per full month worked), the amount of the overage will be deducted from the Employee's ?nal paycheck. (Example: If Employee works only six months and therefore earns twelve (12) hours of personal leave, but actually uses sixteen (16) hours of personal leave, the extra four (4) hours? pay will be deducted from Employee?s ?nal paycheck). Personal leave (and vacation) days will be used to cover absences caused by illness if the employee has exhausted their sick leave. Any Employee who is unable to report to work because of sickness must notify the Employer at least two (2) hours prior to the beginning of his/her regular shi? in order to be eligible for paid personal leave bene?ts. Proof of illness may be required. Disciplinary action may result from excessive, unapproved absenteeism. SECTION [1.6 SICK LEAVE A. Each fulHime Employee shall be eligible to use a maximum of six (6) days of sick leave per l2-month year worked. Sick leave shall accrue at the rate of 1 day for each 2 months worked. Sick leave will be payable for full days of absence due to illness commencing on the first day of illness, and will not be paid for more than eight (8) hours at the employee?s regular straight time rate for each day the employee is eligible to receive sick pay. Sick leave will not be considered as time worked for purposes of computing overtime. If the Employee is absent from work for three (3) or more consecutive days, the Employer will require the employee?s health care provider to complete the Company?s Fitness for Duty form. This form must be submitted to the Employer?s Human Resources department for review prior to or on the day of the Employee?s return to work after three (3) consecutive days of absence. This form will be available electronically, hard copy or fax via the following manners: a) The Company?s Intranet; b) Upon request from Human Resources department; or c) Upon request from the Employee?s supervisor Any Employee who has unused Sick Leave at the end of the anniversary year shall be permitted to carry over six (6) days of sick leave to have a maximum accrued bank of twelve (12) days of sick leave at any time. Accrual beyond twelve (12) days of sick leave will not be permitted. Employees who work less than forty (40) hours per week average will have their Sick pay pro-rated based on average hours worked per week over the prior year. AKIMA NUSOO CBA (Detention Of?cers) 20 192 F. Employees must use any accrued Sick Leave to cover absences due to an illness before they can use Personal or Vacation Leave. SECTION 11.7 PROCESSING UNPAID LEAVES OF ABSENCE The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence must be processed in the following manner: A. All requests for unpaid leaves of absence shall be submitted in writing to the Project Manager at least ten (10) calendar days prior to the date the leave will take effect, except in cases of veri?ed personal emergencies, and include: a) The reasons for such leave; b) The effective dates of such leave; and c) The estimated date of return to work. 9" The Company will respond to the request within live (5) working days. C. The written request for leave of absence shall be submitted to the Human Resources Manager or the Project Manager for final approval. If the request for the leave of absence is approved, a copy of the approved leave of absence will be given to the Employee involved. D. Extensions of the leave of absence may be granted at the sole discretion of the Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions. when granted, shall not total more than thirty (30) days. SECTION 11.8 GENERAL PROVISIONS Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement. SECTION 11.9 BEREAVEMENT If it is necessary for an employee to lose time from work because of death in the immediate family, the employee shall be entitled to three (3) days paid leave of absence at his or her straight-time rate of pay. If a death in the immediate family occurs among a member of the immediate family who resided out-of-state, the employee shall be entitled to ?ve (5) days paid leave of absence at the employee?s straight-time rate of pay. Immediate Family. This is defined to mean an employee?s father, mother, spouse, sister, brother, children (including legally adopted children and/or stepchildren), father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparents, and grandchildren. In addition, Employees will be allowed paid bereavement leave for up to one aunt or uncle in a year. In the event there are additional deaths of aunts or uncles in a year, the Company will make its best efforts to provide additional time off. Employees will be able to use accrued vacation or personal leave during such absences. AKIMA NUSOG CBA (Detention Officers) 20l4-20I7 2 193 The Employer will require the death certificate or the state/county equivalent when an employee requests a paid leave. Employees will be provided time to produce the death certificate to the Company from the start of the bereavement leave. Employees will be provided up to thirty (30) days for death of covered family member if the family member lived in Florida, forty-?ve (45) days if they live in another state within the United States, and sixty (60) days for deaths outside of the United States. SECTION 11.10 JURY DUTY If an employee is called for jury duty, upon written notice that the employee has served, the Employer shall reimburse employee for each day served, less all fees collected for serving, at a regular rate of base pay. This will be pro-rated for all part-time employees. Transportation fees to employees are not to be counted as jury duty pay. If any employee is called as a witness to a crime on the facility, then he shall be compensated for all time lost. Employee must inform the Company immediately in writing upon receiving a notice to report for jury service. The Employer reserves the right to request an exemption. SECTION 11.11 ABSENTEEISM FROM DUTY An employee must call in to the appropriate supervisor two (2) hours prior to the start of the scheduled shift. In the event an emergency prevents an employee from reporting to work and notifying the of?ce prior to the scheduled shift, an employee must contact the appropriate Supervisor as soon as possible and explain the failure to report for duty. Explanations are subject to verification. Unveri?ed and unexcused absences from duty will result in disciplinary action. AGS considers that an employee has resigned their position voluntarily (voluntary separation) if the employee is absent from duty due to ?no call/no show? more than 2 consecutive days or 5 days in a contract year. ARTICLE 12 HEALTH. WELFARE AND UNIFORM ALLOWANCES SECTION 12.1 PAYMENTS For the term of this Agreement, the employer will provide Medical Coverage for all employees who work at least thirty (30) hours per week to include their legal dependents. Participation by Employees in the Company?s Health and Welfare Plans shall be in accordance with the terms of those Plans as they presently exist and as they may be amended by the Employer from time to time. The Plans currently include medical insurance, dental insurance, vision insurance, and the Shop Plan hospital reimbursement plan. AKIMA NUSOG CBA (Detention OiTIcers) 2014-2017 22 194 The Union shall have the option, at its discretion, to request modi?cations to the design of the Company?s Plans, and shall also have the option to substitute its own Plans for the Company?s Plans. Any such requested changes to the Company's Plans, and any such substitution of Plans, shall be negotiated between the Company and the Union. The parties further agree that Employees may be required to make contributions to the Plans amounts vary according to the type of coverage. Changes to the contributions will not occur without at least 30 days? notice to the Union and Employees, and contributions will be done on a pre-tax basis in accordance with IRS regulations. For the life of this Agreement, the Employer will make health and welfare payments on all hours worked up to forty (40) hours per week, and up to a total of 2080 hours per contract year, as described in Appendix A. SECTION 12.2 OTHER BENEFITS The Employer will offer Employees the opportunity to participate in other available Employee paid fringe bene?t programs made available to all Detention Officers employed by the Company. These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance plans, 401(k) plans, and any other plan mentioned in this Agreement. SECTION 12.3 UNIFORM AND UNIFORM MAINTENANCE Unifomis shall be supplied where required by the Employer. Members shall return all the uniforms issued to them upon separation or eighty percent replacement cost for uniform items and one hundred percent (100%) for replacement cost of equipment. The Employer will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described in Appendix A. ARTICLE 13 MISCELLANEOUS PROVISIONS SECTION 13.1 BULLETIN BOARDS The provision of these facilities is the prerogative of the US. Government, who owns and controls all worksite facilities. A. The Union shall provide an appropriate bulletin board exclusively for the use of the Union for the posting of non-controversial notices, such as: a) Notices of Union recreational and social affairs; b) Notices of Union elections; c) Notices of Union appointments and results of Union elections; (1) Notices of Union meetings; e) Union updates of negotiations. AKIMA NUSOG CBA (Detention Officers) 20l4-20l7 23 195 B. There shall be no other postings on the Union?s bulletin board by the Union, by employees or by the Company, of advertising or of any political matters. C. Employer has no say in the use of the Union?s bulletin board, except in order to maintain proper decorum or when directed by the government. SECTION 13.2 PHYSICAL EXAMINATIONS The Employer may require, as a condition of initial and continued employment, that applicants and employees submit to physical examinations including Physical Agility and endurance tests, to determine fitness for duty. Such examinations may include laboratory tests to detect the presence of alcohol or illicit drugs. Such laboratory tests may be administered before the commencement of work, after layoffs or leaves of absence in excess of thirty (30) calendar days, after on-the-job accidents, and upon reasonable suspicion of or alcohol use or impairment. The Employer may also require employees to undergo such laboratory tests on an annual basis. When required, such annual examinations will be given within ??een (15) days of an employee?s anniversary date. The Employer shall bear the cost of the initial and of the annual physical examination. Personal leave, with the permission of the supervisor, may be used for taking client-required re-examinations. For such re-examinations, employee shall make every attempt to use insurance coverage by Employer or otherwise owned by employee. Other than through insurance, Employer shall not cover the costs of client-required re-examinations. SECTION 13.3 TRAVEL EXPENSES The Company will provide advance payments for Company authorized and approved travel expenses if requested by an Employee. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight. and the appropriate per diem will be paid. All hours in travel up to a maximum of eight (8) per day will be counted as work hours, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel within twenty (20) days from the day Employer receives the properly completed travel voucher and all required receipts. SECTION 13.4 BREAK ROOMS The Employer will make its best effort to obtain from the U.S. Government break rooms for 008 for breaks and lunch, without management using the room as an office, and will make its best prerogative of the U.S. Government effort to have the U.S. Government equip the room with water. The providing of these facilities is the prerogative of the U.S. Government. SECTION 13.5 LOCKERS The Employer will make its best effort to obtain lockers from the U.S. Government for the use of the DOs. The providing of these facilities is the prerogative of the U.S. Government. SECTION 13.6 UNION MEETINGS Neither Union officials nor Union members shall. during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances as described in this Agreement. No Employee may leave their post without AKIMA NUSOG CBA (Detention Of?cers) 20I4-20l7 24 196 permission from the Employer under any circumstances, unless there is appropriate Government permission granted. No Employee may be at the worksite at any time unless on duty at that time. SECTION 13.7 VISITATION It is agreed that the Union representative shall have access to the various buildings under ICE, Krome Service Processing Center, Miami during working hours, to ascertain whether the Agreement is being properly observed, providing there is a minimum interruption of normal course of the operation at the various buildings under ICE, Krome Service Processing Center, Miami and all regulations of the Government are complied with. It is mutually understood that the Employer has no control over who can visit the site. This control is solely with ICE. Krome Service Processing Center, Miami. ARTICLE 14 401(k) PLAN The Company shall provide a 401(k) plan to which Detention Officers are eligible to contribute, whether Union or Non-Union. At the direction of the individual Employee, the Company will deposit the pension payments to the Employee's 401(k) account. Employees shall be subject to the eligibility requirements and rules of the Plan. Participation by Employees in the 401(k) Plan shall be in accordance with the terms of the 401(k) Plan as it presently exists, and as it may be amended by the Employer from time to time. The Union shall have the option, at its discretion, to substitute its own 401(k) Plan for the Company?s 401(k) Plan. If such a change is made, the Company will deposit the pension payments exclusively to the Union?s 401(k) Plan. The Union must provide the Company with ninety (90) days? notice before such a transition would become effective to enable the Company to make all necessary changes to facilitate the transition. ARTICLE 15 SAFETY SECTION 15.] SAFETY POLICY It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the property of the US. Government, who is responsible for the condition and safety of the worksite. The Company agrees to permit one (I) bargaining unit member selected by the Union to participate in any locally scheduled safety meetings. SECTION 15.2 OSHA STANDARDS The Company will report any safety violations observed or reported to the Company in any US. Govemment-provided DO workstation or break room. AKIMA NUSOG CBA (Detention Of?cers) 20l4-20l7 25 197 ARTICLE 16 CONTINUITY OF OPERATIONS A. No Strike-No Lockout Provision. It is the intention of the parties to adjust any and all claims, disputes, or grievances arising hereunder by resort to the procedures provided in this Agreement, and it is therefore agreed that during the life of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sick-out, picketing, or other interference with or curtailment of performance of duties, including sympathy strikes. B. ?trike Lines. During the life of this Agreement, a refusal by an employee or employees to cross a strike line at the employees? regular place of employment, established by the Union or any other labor organization or established by any other group, shall constitute a violation of Section A of this Article. The Union agrees as part of the consideration of this Agreement that it will, within twelve (12) hours, take steps to end any work stoppages, strikes, intentional slowdown, picketing, or suspension of work, and shall notify its members by telephone, email, newspaper, and Employer and Union bulletin boards of such violation of this Agreement and shall instruct its membership to return to work immediately. The Union agrees that it will not assist employees participating in such work stoppage, strikes, intentional slowdowns, picketing, or suspension of work against whatever disciplinary action the Employer may take and that such disciplinary action shall not be subject to the regular Grievance Procedure or to this Agreement. ARTICLE 17 SEPARABILITY OF CONTRACT In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through U.S. Government regulations or decree, such parties hereto agree to renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the decree or U.S. Government statutes, so long as they shall remain legally effective. It is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect. Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of any court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Remaining parts or provisions shall remain in full force and effect. AKIMA NUSOG CBA (Detention Of?cers) 20l4-2017 26 198 ARTICLE 18 ENTIRE AGREEMENT The parties acknowledge that during the negotiation which resulted in the Agreement, the unlimited right and opportunity to make demands and proposals with respect to any or matter not removed by law from the area of collective bargaining, and all understand agreements reach by the parties are set forth in this Agreement. Therefore, the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment, including but not limited to, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the term of this Agreement, except as speci?cally provided for in other provisions of this Agreement. ARTICLE 19 DURATION This Agreement shall be effective from July I, 2014 through June 30, 2017 and supersedes any and all prior agreements or understandings between the parties. lN WITNESS WHEREOF, the parties have caused their representatives to sign this Agreement as full acknowledgment of their intention to be bound by the Agreement. F0&\National Union of Security Of?cers and Guards 076 FOR: Akima Global Services, LLC I . 5? [46-5 Name; I Date TitlewMECTol/ a. ;?fu M) AKIMA NUSOG CBA (Detention Officers) 20l4-20l7 27 199 Appendix A WAGE SCHEDULE Hourly Wage Rate: Effective May 1, 2015 (MW per hour Effective May 1, 2016 per hour Effective May 1, 2017 per hour shift di?erential of four percent of the employee ?3 regular hourly rate shall be paid for all hours worked between 2 RM. and [0 RM. A ski}? dt?erential of six percent of the employee 's regular hourly rate shall be paid for all hours worked between 10 RM. and 6 AM. Uniform Allowance: Effective May l, 2015 (MW per hour up to 40 hours per week Effective May I. 2016 per hour up to 40 hours per week Effective May I, 2017 per hour up to 40 hours per week Rate: Effective May l, 2015 (MW per hour up to 40 hours per week Effective May 1, 2016 per hour up to 40 hours per week Effective May I, 2017 per hour up to 40 hours per week Effective May 1, 2015 (MW per hour up to 40 hours per week Effective May 1, 2016 hour up to 40 hours per week Effective May I. 2017 per hour up to 40 hours per week Wage ?tmgturg for New Hires: 1. New employee will be paid at eighty percent of the current rate. 2. After completion of training, new employee will be paid the greater of or eighty-five percent of the current rate. 3. New employee must complete eighteen (18) months of employment by May 1 of contract year to receive ninety-five percent of current rate. 4. New employee must complete thirty (30) months of employment by May 1 of contract year to receive one-hundred percent (100%) of the current rate. Those Employees who were working part-time on the contract prior to October 1, 2014 will be afforded the first right of refusal for full-time positions as they become available. New hires will be hired on a part-time basis and will not be offered full-time positions until all part-time employees on the payroll prior to October 1, 2014 have exercised their right of ?rst refusal for full-time status. AKIMA NUSOG CBA (Detention OlTIcers) 20l4-2017 28 200 FOR: National Union of Security Of?cers and Guards [52? FOR: Akima Global Services, LLC [16! //21 Namd(b)(4) Dale 1.1110,! 4- RELA 7/ ON AKIMA NUSOG CBA (Detention Of?cers) 20l4-20I7 2019-ICLI-00048 201 29 Collective Bargaining Agreement Between AKIMA GLOBAL SERVICES -and - NATIONAL UNION OF SECURITY OFFICERS GUARDS (Supervisory Detention Officers) QF QQNIEEH PREAMBLE ARTICLE 1 GENERAL PROVISIONS Section 1.1 Bargaining . Section 1.2 Negotiating Committee and Bargaining Obligations .. . 3 Section 1.3 .. . 3 Section 1.4 Steward . 4 Section 1.5 Managers and Salaried Personne1.. .. . . . 4 Section 1.6 Union . . .. . 4 Section 1.7 Dues Checkoff. . . . 5 Section 1.8 Intent of . . . 6 Section 1.9 Equal Opportunity WM . . 6 ARTICLE 2 SENIORITY Section 2.1 Seniority Defined .. . . 6 Section 2.2 Seniority . ?7 Section 2.3 Personal Data . . .. . ?7 Section 2.4 Transfer Out of Unit . .. . 7 Section 2.5 Probationary Employees . .. . 7 Section 2.6 Termination of Seniority . . . . . 8 ARTICLE 3 JOB OPPORTUNITIES Section 3.1 Filling Vacancies . 8 Section 3.2 Layoff and Recall 9 Section 3.3 Temporary Assignment 9 ARTICLE 4 RETAINED RIGHTS Section 4.1 . . . 10 Section 4.2 Reservation of . ..10 ARTICLE 5 GRIEVANCE PROCEDURE Section 5.1 Intent . . 10 Section 5.2 General Provisions . . . .. 10 Section 5.3 Grievance Procedure 11 Section 5.4 Arbitration Procedure . . . . . 11 Section 5.5 Class Action . 12 Section 5.6 Individual Grievances . 12 2019-ICLI-00048 203 ARTICLE 6 DISCIPLINE Section Grounds for Discipline and Dismissal . i2 Section 6.2 General Provisions for Discipline and Dismissal . l3 Section 6.3 Members Rights . . l3 Section 6.4 Administrative Leave . . l3 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.l Workdays and Workweek . l3 Section 7.2 Overtime .. . . 14 Section 7.3 Overtime Assignment . . I4 Section 7.4 Rest Periods .. . l5 Section 7.5 Gear Up/Gear Down . . I5 ARTICLE 8 WORK SHIFTS AND PAYMENT POLICIES Section 8.i Wage Schedule . is Section 8.2 Call Section 8.3 Payday I5 Section 8.4 Undisputed Error .. . . .IS ARTICLE 9 HOLIDAYS Section 9.I Holidays .. .. . l6 Section 9.2 Miscellaneous Holiday Provisions. . .. .. l6 ARTICLE VACATIONS Section lO.l Eligible Full-Time and Part Time .. . I7 Section l0.2 Scheduling Vacations.. . . I7 Section I0.3 Unused . . . . I7 Section l0.4 Pay In Lieu OI Vacation Leave.. . . . i7 Section l0.5 Terminating Employees . i7 Section 10.6 Vacation - Laid Oft' Employees . . . . I7 Section i0.7 Vacation - Length Of Service . . I8 Section 10.8 Vacation - Increments . .. i8 Section l0.9 Holidays Occurring During A Scheduled Vacation . l8 ARTICLE Ii LEAVES OF ABSENCE Section Limitations . . I8 Section Medical . l8 Section Military . . . 19 Section Union . . . Section Personal Leave I9 Section Sick Leave .. . . 20 Section Processing Unpaid Leaves of Absence . . . . 2] Section General .. 2i Section . 2i Section ll.I0 Jury . .. 22 Section ll.ll Absenteeism from Duty . . 22 ARTICLE I2 HEALTH, WELFARE AND UNIFORM ALLOWANCES Section l2.l Payments . . . . 22 204 Section 12.2 Other Bene?ts . . 23 Section 12.3 Unii?onn and Uniform Maintenance . 23 ARTICLE 13 MISCELLANEOUS PROVISIONS Section 13.1 Bulletin Boards . 23 Section 13.2 Physical Examinations . .. . .. 24 Section 13.3 Travel . 24 Section 13.4 Break 24 Section 13.5 . 24 Section 13.6 Union 24 Section 13.7 25 ARTICLE 14 401(k) Plan . . 25 ARTICLE 15 SAFETY Section 15.1 Safety . . 25 Section 15.2 OSHA 25 ARTICLE 16 CONTINUITY OF OPERATIONS .. . . 26 ARTICLE 17 SEPARABILITY OF . 26 ARTICLE 18 ENTIRE AGREEMENT 27 ARTICLE 19 DURATION .. . . . .. .. 27 Appendix A Wage Schedule . . . 28 205 Collective Bargaining Agreement Between AKIMA GLOBAL SERVICES, LLC. and the NATIONAL UNION OF SECURITY OFFICERS GUARDS Effective July I, 2014 Through June 30, 2017 2019-ICLI-00048 206 PREAMBLE THIS AGREEMENT is made and entered by and between Akima Global Services, LLC, (hereina?er referred to as ?Employer" and/or ?Company?) and National Union of Security Of?cers and Guards, (hereinafter referred to as or the ??Union") having its of?ce located at 148-06 Hillside Avenue, Jamaica, New York 11435, on behalf of its members at the ICE facility at Krome, FL (Krome Service Processing Center). AKIMA NUSOG CBA (Supervisory Detention Of?cers) 2014-20? 207 ARTICLE 1 GENERAL PROVISIONS SECTION 1.1 BARGAINING UNIT This Agreement is entered between Akima Global Services, LLC (hereinafter referred to as "Company", and/or ?Employer?) and the National Union of Security Of?cers and Guards (hereinafter referred to as the Union or The Company recognizes the Union as the sole and exclusive bargaining representative of the employees in the unit described below for the purpose of collective bargaining as de?ned in the National Labor Relations Act. The unit is de?ned as all full-time and part-time Supervisory Detention foigers employed by AGS at Immigration and Customs Enforcement (ICE) Krome Service Processing Center, 18201 S.W. 12m Street, Miami, Florida 33194, with respect to wages, hours and conditions of employment, excluding all other employees including, of?ce clerical employees and professional employees as de?ned in the National Labor Relations Act. This Agreement shall be binding upon all parties, their successors and assigns. In the event of a sale or transfer of the business of the Employer, or any part thereof, the purchaser, transferee or assignment to a new contractor by ICE, shall be bound by this Agreement. SECTION 1.2 NEGOTIATING COMMITTEE AND BARGAINING OBLIGATIONS The Company agrees to recognize a Negotiating Committee composed of up to two members per shift from the Krome facility and two (2) members based at the Airport facility to represent the membership selected by the Union to represent the Employees in collective bargaining negotiations. W. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining; that all such subjects were discussed and negotiated; and that the agreements contained herein were arrived at after the free exercise of such rights and opportunities. Sgparability. In the event that a provision of this Agreement is held to be unlawful by a court of ?nal jurisdiction or is rendered unlawful by a state or federal statute, all other provisions of this Agreement shall remain in full force and effect. In the event a provision of this Agreement becomes unlawful by such judicial or legislative action, the parties shall meet for the limited purpose of negotiating a substitute for said affected clause. SECTION 1.3 CLASSIFICATIONS A. Full-time employees are those employees who regularly work an average of thirty- two (32) hours or more a week. 8. Part-time employees are those employees who regularly work less than an average of Thirty-two (32) hours a week. Part-time employees are eligible for holiday pay and 3 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 208 vacation leave bene?ts. Part-time employees are eligible for all other bene?ts on a pro-rata basis to the hours they are regularly scheduled to work. C. Employees covered by this Agreement shall not be required as part of their regular duties to deliver of?ce supplies, furniture, equipment or distribution that does not pertain to normal assigned duties. Nothing in this provision shall prohibit employees from being asked to transport something that can be carried with minimal exertion to someone if the employee is headed in that direction. D. Employees covered by this Agreement shall not be required to perform janitorial services other than picking up after themselves. SECTION 1.4 STEWARD SYSTEM A. The Employer agrees to recognize one (I) shop steward and one (I) assistant shop steward for each shift at the location, duly appointed by the Union. B. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company/Union business during scheduled working hours. C. If the Employee requests, the Company will call for a steward prior to any disciplinary action taken, whether it be written or verbal. The supervisor, at the request of the Employee, will release the steward as soon as possible. SECTION 1.5 MANAGERS AND SALARIED PERSONNEL Managerial and salaried Employees shall not perform the duties of the Employees in the bargaining unit, except in the following circumstances: a) Instruction, training, or assistance of an employee, including demonstrating proper methods of performing the work; b) Temporary substitution for an absent employee not to exceed the duration of a shift; c) To familiarize themselves with new jobs or processes; or d) When it is necessary to meet emergency requirements of customer and other emergencies when a bargaining unit employee is not available. SECTION 1.6 UNION SECURITY A. An Employee who is a member of the Union at the time this Agreement becomes effective shall continue membership in the Union for the duration of this Agreement, to the extent of tendering the membership dues uniformly required as a condition of retaining membership in the in the Union and of continued employment. 8. An Employee who is not a member of this Union at the time that this Agreement becomes effective shall, within ten (10) days a?er the 30?" day following the effective date of this Agreement or date of hire, either: 4 NUSOG CBA (Supervisory Detention Officers) 20l4-20l7 209 1. Become a member of the Union and remain a member. 2. Pay the Union Agency Fee. The amount of this agency fee shall be equal to that paid by regular Union members to include regular and usual initiation fees. The agency fee will not include any assessments, special or otherwise. Such payments shall commence on the 300' day after the date of hire. a) Employees who are members of, and adhere to the established and traditional tenets of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or ?nancially supporting labor organizations, shall, instead of the above, be allowed to make payments in amounts equal to the agency fee required above, to a tax-exempt organization (under Section 501(c)(3) of the IRS Code). The Union shall have the right to charge any Employee exercising this option, the reasonable cost of using the arbitration procedure of this Agreement on the Employee's individual behalf. Further, any Employee who exercises this option shall four times a year submit to the Union proof that the charitable contributions have been made in the amount that is equal to the agency fee amount. C. The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including, but not limited to, any Executive Orders permitting or restricting Union security rights. If there is a legal challenge to any provision of this Article, the Employer may suspend its obligations under this Article for the duration of the dispute alter conferring on the matter with the Union. D. The Union, including its lntemational, agrees to save and hold the Employer harmless from any and all claims, actions, suits, damages, or costs, including any attomey?s fees incurred by the Employer, on account of any matter relating to the terms of this Article, including, but not limited to, any claims by any Employee(s) and compliance with the law. SECTION 1.7 DUES CHECKOFF A. The Company agrees to deduct dues as designated by the Union on a basis from the paycheck of each member of the Union. These deductions will be made only upon written authorization from the Employee on a form provided by the Union. It is understood that such deductions will be made only so long as the Company may legally do so. The Company will be advised in writing, by the Union, as to the dollar amount of the Union membership dues. B. The Company will remit all such deductions to the Financial Secretary/Treasurer within live (5) business days from the date that the deduction was made by check. The Company shall furnish the Financial Secretary/Treasurer with a deduction list, setting forth the name and amount of dues, within seven (7) business days of each remittance. The Union agrees to hold the Company harmless from any action or actions growing out of these deductions initiated by an Employee against the AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-2017 210 Company, and assumes full responsibility of the dispositions of the funds so deducted, once they are paid over to the Union. Errors made by the Company in the deduction or remittance of monies shall not be considered a violation of this provision by the Union, providing such errors are unintentional and corrected when brought to the Company's attention. SECTION 1.8 INTENT OF PARTIES The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of ef?cient security operations. The Union and the Company agree to use their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective. SECTION 1.9 EQUAL OPPORTUNITY (NON-DISCRIMINATION) In connection with the performance of work under this Agreement, the Company and the Union agree not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. The aforesaid provision shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, or selection for training. The parties agree to comply with all applicable local, state, and/or Federal laws and Executive orders pertaining to non-discrimination and equal opportunity in employment. The Company and the Union agree to post in conspicuous places, available for employees and applicants for employment, notices provided by the appropriate contractual/regulatory agencies setting for the provisions of the equal opportunity requirements. The provisions of this article will not operate to invalidate any other term or condition of this Agreement. The Company and Union agree not to discriminate against an employee because of employee?s exercise of the rights guaranteed in Section 7 of the National Labor Relations Act, as amended. ARTICLE 2 SENIORITY SECTION 2.1 SENIORITY DEFINED A. Union seniority shall be the length of continuous service from the Employee's last date of hire as a Supervisory Detention Officer for the Employer, past or present and/or any predecessor Employer. Seniority shall not accrue until the Employee has successfully completed the probationary period. Seniority shall be applicable in 6 NUSOG CBA (Supervisory Detention Officers) 20l4-20I7 211 determining the order of layoff and recall, vacation schedules, extra work, transfers, and other matters as provided for in this Agreement. B. For the purposes of vacation schedules, transfers, and extra work, union seniority shall be defined as seniority within the work site. C. Any Employee pemtanently transferred out of the designated Local Bargaining Unit for any reason shall lose their Union seniority as it applies to the order of layoff and recall, vacation schedules, extra work, and other matters as provided for in this Agreement. SECTION 2.2 SENIORITY LISTS The Company shall prepare an up-to-date seniority list (by last date of hire under the contact), which shall be posted on the furnished bulletin boards, and the Company shall furnish to the Union a duplicate copy of such seniority list, advising of any additions or deletions thereto. SECTION 2.3 PERSONAL DATA Employees shall notify the Employer in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer's official records. SECTION 2.4 TRANSFER OUT OF UNIT An employee who accepts a permanent management position with the Company within the Contract sites but outside the bargaining unit, shall retain the seniority the employee had at the date of the promotion to management, but shall not accumulate additional seniority while in that capacity. If the employee returns to the bargaining unit, the employee will return to a position on the seniority list to which he/she is entitled to according to his/her previously retained seniority. SECTION 2.5 PROBATIONARY EMPLOYEES Each newly hired employee shall be considered a probationary employee of the Company during his/her first ninety (90) days following completion of their required On-the-Job Training in Phase 1. The Union will still represent Probationary Employees for problems concerning wages, hours and working conditions. The Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement. Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The Probationary period can be extended by mutual agreement between the Company and the Union. The Employer shall notify the Union upon request of all new employees hired and of all employees terminated, setting forth their address and job classification and department. NUSOG CBA (Supervisory Detention Of?cers) 2014.20]? 212 SECTION 2.6 TERMINATION OF SENIORITY The seniority of an Employee shall be terminated for any of the following reasons: 1. Employee is discharged forjust cause; 2. Employee voluntarily quits; 3. A settlement with the Employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer; 4. The Employee is laid off for a continuous period of one hundred eighty (I80) calendar days; The US. Government revokes the Employee's credentials as a The Employee is permanently transferred out of the bargaining unit. Employee has failed to express his or her intent to return to work, and/or does not return to work in accordance with the requirements in this article; 8. Employee fails to report to work for two (2) consecutive scheduled days without notifying the Company, except in case of circumstances beyond his or her control. The seniority of an Employee shall not be terminated if the employee is unable to report to work because of a non-occupational injury or illness shall retain his/her seniority for one (1) year, except that he/she shall be subject to layoff according to his/her seniority. Employees who are unable to report to work because of an occupational injury or illness shall retain their seniority during the term of their disability, except they shall be subject to layoff according to their seniority. ARTICLE 3 JOB OPPORTUNITIES SECTION 3.1 FILLING VACANCIES It is understood senior employees shall have preference of assignments to shi?s and days off. An employee may file with the Company a written request for a change of shift or days off. The time and date of the ?ling shall be noted on the face of the request and the Company shall maintain them. When the Company does determine that an opening exists, the Company will fill the opening in the following manner: I. Award the opening to the senior full-time employee in the same classification that has had a written request on file with the Employer a minimum of fourteen (14) calendar days. If no full-time employee has a written request on file with the Employer, the Company may then fill the opening as follows; 2. Award the opening to the senior part-time employee in the same classi?cation that has had a written request on file with the Employer a minimum of fourteen (14) days. If no part-time employee has a written request on ?le with the Employer, the Company may then ?ll the opening as follows; AKIMA NUSOG CBA (Supervisory Detention Officers) 2014-2017 213 3. Post a notice of the opening to all full-time and part-time employees in the same classi?cation; giving those employees seven (7) calendar days to request being awarded the opening in writing, and awarding the opening to the senior full-time employee that requested the opening in writing within the seven (7) calendar days. If no full-time employee requested the position, it will be given to the senior part-time employee who requested the opening in writing within the seven (7) calendar days. If no full-time or part-time employee requests being awarded the opening in writing within seven (7) calendar days, the Company may then ?ll the opening as follows; 4. Post a notice of the opening to all full-time and part-time members of the bargaining unit currently working in a different classi?cation, but meeting all quali?cations for the classi?cation in which the opening exists, giving those employees seven (7) calendar days to request being awarded the opening in writing, and awarding the opening to the senior full-time employee that requested the opening in writing within the seven (7) calendar days. If no full-time employee requested the Opening within seven (7) calendar days, the Company will then award the opening to the senior part-time employee that requested the opening in writing within the seven (7) calendar days. If no full-time or part-time member of the bargaining unit requests the opening in writing within seven (7) calendar days of the noti?cation of the opening, the Company may then ?ll the opening as follows; 5. Fill the opening from outside the bargaining unit. SECTION 3.2 LAYOFF AND RECALL In the event of a layoff or recall from layoff, seniority shall control, provided the senior employee is capable of performing the available work. The employee with the least seniority shall be laid off ?rst and recall will be in the inverse order of layoff. It is understood that probationary employees will be laid off before employees with seniority. It is the responsibility of the laid off employee to keep the Company advised by certi?ed mail of any changes in his/her mailing address. The employee shall reply to the Company his/her intent to return to work within seventy-two (72) hours after receipt of certi?ed notice from the Company of recall. The employee will then have a maximum of ?ve (5) calendar days to report for duty. SECTION 3.3 TEMPORARY ASSIGNMENTS In the interest of maintaining continuous operations, the Employer may temporarily assign an employee from a lower to a higher classi?cation of work during any shift. The employee will receive the rate of pay for the higher classi?cation for all time spent in the higher classi?cation. An employee assigned to work in a lower classi?cation will not have his rate of pay reduced. To the extent feasible the assignment shall be a voluntary selection based on seniority and quali?cation. 1n the absence of volunteers, assignments shall be made on a reverse seniority and quali?cations basis. 9 NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 214 ARTICLE 4 RETAINED RIGHTS SECTION 4.1 Management of the business and direction of the security force are exclusively the right of management. These rights include the right to: Hire; Assign work and schedule at the company?s discretion; Promote, Demote; Discharge, discipline, or suspend based on Article 6; Make and enforce work rules not inconsistent with the provisions of this agreement; Require Employees to observe reasonable Employer rules and regulations; Determine when overtime shall be worked; Determine the qualifications of an Employee to perform work. 9995?? SECTION 4.2 RESERVATION OF RIGHTS Any of the rights, powers, or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specificall abridged or modified by this Agreement and any supplemental Agreements that may herea er be made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights. ARTICLE 5 GRIEVANCE PROCEDURE SECTION 5.1 INTENT A grievance shall be defined as any dispute concerning the application or interpretation of this Agreement, or any dispute concerning wages, hours, or working conditions of employees covered by this Agreement. However, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration hereunder. The grievance procedures outlined herein shall not be used for any action or order of removal of an Employee from working under the contract by the U.S. Government, revocation of required clearances by the U.S. Government, or loss of any licenses required by the State of Florida. In addition, the grievance procedures outlined herein shall not apply to any situation where the Company is acting under the express directives of the U.S. Government or the State of Florida. SECTION 5.2 GENERAL PROVISIONS The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term ?days? shall not include Saturday, Sundays or holidays when used in this Article. 10 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 2014-20? 215 Should either the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits shall forfeit the grievance. When the Company requests a meeting with the shop stewards/committee during working hours, the Union members will not be docked for time lost in attending such meeting. However, pay for such meeting shall not extend to hours in excess of eight (8) in one workday and no overtime shall be paid. In the event of grievance on the graveyard shift, the Company agrees to meet with the Union at 0600AM during regular workdays for the purpose of discussing the grievance. SECTION 5.3 GRIEVANCE PROCEDURE All grievances shall be presented and processed in accordance with the following procedures: A. Step One, The Employee or Union Representative shall, not later than ten (10) days a?er the incident being grieved, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee or the Union Representative, and shall be submitted to the Project Manager or designee. The Project Manager or designee shall have ten (10) days from the date the grievance was received by the Project Manager or designee to return a decision in writing to the aggrieved Employee, the Union Representative and NUSOG at its address as stated in this Agreement?s preamble. B. Step Two. If the grievance is not settled in Step One, the grievance may be appealed in writing through the Project Manager to the Director of Operations or Company?s Human Resources Manager or designee no later than ten (l0) days from the denial by the Project Manager or designee. The Human Resources Manager or designee will have ten (10) days from the date the grievance was received to return a decision, in writing, with a copy to the aggrieved Employee, the Union Representative and NUSOG at its address as stated in this Agreement?s preamble. C. Grievance for Discipline. Any grievance involving discharge or other discipline may be commenced using this procedure. Disciplinary charges must be served on the employee no later than thirty (30) days a?er the alleged misconduct. The written grievance challenging the discharge or discipline shall be presented to the Project Manager or designee within ten (10) days after disciplinary charges have been served on the employee. SECTION 5.4 ARBITRATION PROCEDURE A. Selgtipn of an Arbitratpr. Within ten (10) days of the Union?s receipt of the Human Resources Manager?s decision, the Company and the Union will meet either in person or telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within ten (10) days, the parties fail to agree upon the selection of an arbitrator, the Union will request the American Arbitration Association to supply a list of arbitrators. An arbitrator will be selected per the rules of the American Arbitration Association I AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 216 8. Decision of the Arbitrator. The decision of the arbitrator shall be ?nal and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. C. Arbitration Exmm. The arbitrator?s fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Employee. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses of other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses. D. Time Limits. The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to him/her. E. The arbitrator shall have no authority to amend, modify, change, add to, or subtract from any of the terms or conditions of this Agreement or to base a decision on any past practice which is inconsistent with the provisions of this Agreement. F. The limits set forth herein may be extended only by mutual agreement of the union and the Company. SECTION 5.5 CLASS ACTION The Union shall the right to file a group grievance (class action) or grievances involving more than one (1) Employee at Step One of the grievance procedure. SECTION 5.6 INDIVIDUAL GRIEVANCES No individual may move a grievance to arbitration. ARTICLE 6 DISCIPLINE SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL Disciplinary action will consist of a verbal waming, a written warning and suspension or termination. The Employer may skip one or more of these steps, depending on the severity of actions causing the disciplinary action. After completion of the probationary period. no Employee shall be dismissed or suspended without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the US. Government, or revocation of required credentials by ICE. l2 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 2014-20? 217 The Company?s contract with the US. Government sets out performance standards for the $005 and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non-disciplinary directive issued by the Government. SECTION 6.2 GENERAL PROVISIONS FOR DISCIPLINE AND DISMISSAL The Company's contract with the US. Government sets out performance standards for the $003 in and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non-disciplinary directive issued by the Government. Upon written request, the Company will provide the Union, in a timely manner, with all information concerning the removal that they may legally release, and will provide the Union with any relevant information concerning the proper Government point of contact and their contact data. The ?final decision? on the employee?s removal shall be determined by the Government, and the Employer shall be held harmless by the Union and the employee for any further claims made a?er this ?nal determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties. SECTION 6.3 MEMBERS RIGHTS Any time an employee is to be interviewed and disciplinary action may be taken, he/she may have a Shop Steward or Union representative present. Both the employee and Union representative are entitled to know what the meeting is about and are entitled to consult prior to the interview. SECTION 6.4 ADMINISTRATIVE LEAVE The Company has the right to place individuals on administrative leave without pay during an investigation. If the Employee is cleared during the investigation, they will be reinstated with back pay for the length of the administrative leave. If the Employee is found to have engaged in conduct which merits termination, they will be terminated and not compensated for their administrative leave. If the investigation ?nds that there is not just cause for termination, but lesser discipline is justi?ed, some or all of the administrative leave can be converted to a disciplinary suspension. ARTICLE 7 HOURS OF WORK AND OVERTIME SECTION 7.1 WORKDAY AND WORKWEEK For the purposes of this Article, a regular workweek of forty (40) hours of work, excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be I3 AKIMA 8r. NUSOG CBA (Supervisory Detention O?'tcers) 2014-2017 218 scheduled at the discretion of the Employer to ful?ll the needs of the US. Government. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week. The workweek is 12:00am Sunday to ll:59pm Saturday. The workday shall be defined as an 8 hour shi? between 12:00am and l:59pm SECTION 7.2 OVERTIME A. Overtime pay is calculated at one and one-half (l and times the employee?s regular rate for all hours worked over forty (40) hours in one (1) workweek. Hours paid that are not worked, e.g. vacations, do not count as hours worked for overtime purposes. SECTION 7.3 ASSIGNMENT Bargaining Unit Employees will be expected to work reasonable overtime assignments. A list of volunteers shall be compiled by seniority for each shi?. When the senior volunteer works overtime, his/her name will go to the bottom of the list. When a Bargaining Unit Employee is next on the list, and cannot work because of personal reasons, he/she will be passed over and the next Bargaining Unit Employee on the list will work overtime and the Bargaining Unit Employee?s name who turned down the overtime assignment will be next in turn for overtime. Mandatory Overtime: When the overtime requirement is involuntary, the Bargaining Unit Employee with the least seniority will be required to meet the overtime requirement on a rotating basis. This includes involuntary call-in, which results in overtimes. Employees shall be permitted to make trades of work days with other employees, provided each employee is quali?ed to perform the duties, and provided that the trade will not cause the company to be required to pay overtime or other compensation greater than what it would be required to pay if the trade was not made. All trades will be approved in advance by the Project Manager or Site Captain. On-Call nggime; When Employees are needed to cover absences or posts on an on-call basis, Employees who are not scheduled for forty (4) hours of work in the week shall be contacted ?rst. If the shi? cannot be filled by such Employees and overtime would be required, the Company would then offer such time to Employees who had volunteered for such work based on seniority on a rotating basis. The Company will provide a method for employees to volunteer overtime. Employees must volunteer without restrictions, including posts or locations. If there are insuf?cient volunteers, employees will be mandated to work such on-call assignments pursuant to this Article. (NOTE: The federal law states that any employee who works over 40 hours in any given work week shall receive overtime, therefore the trade must take place in the same workweek for pay). It is agreed that Bargaining Unit Employees will not be given time off in order to offset the payment of overtime. l4 NUSOG CBA (Supervisory Detention Officers) 20l4-2017 219 SECTION 7.4 REST PERIODS There shall be one twenty (20) minute paid rest period for each eight (8) hour shift and one ten (10) minute paid rest period per 4 hours of additional time worked on the same day. These rest periods require that the Employee be properly relieved before leaving their post. The Company recognizes the requirement to make its best efforts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement. SECTION 7.5 GEAR DOWN All employees shall be compensated for time spent on post and for time spent on paid rest periods in accordance with Section 7.4. Employees shall not be compensated for any other time spent on the jobsite. Employees? arrival and departure times from the jobsite shall not be unreasonably restricted. ARTICLE 8 WORK SHIFTS AND PAYMENT POLICIES SECTION 8.1 WAGE SCHEDULE All employees shall receive not less than the minimum wage rate as set forth in the scheduled job titles and wage rates as re?ected in Appendix attached hereto and made a part hereof. SECTION 8.2 CALL IN PAY In the event employee reports to work for his/her shi? without having been noti?ed not to report. and work is not available, the employee shall be paid four (4) hours reporting pay at his/her regular rate of pay, including all bene?ts and allowances. Acts of God and failure of equipment beyond the Contractor?s control shall nullify the Contractor?s requirement to pay such reporting time pay. SECTION 8.3 PAYDAY Wages are paid by check, employees shall be paid during their shift but no later than the end of their shi? on payday. Employees working 11:00 PM. 7:00 AM. shift shall be paid during their shift but no later than 7:00 AM. on payday unless noti?ed by the company of an unforeseen delay in the process. At its sole discretion, the Company will make its best efforts to pay employees every two (2) weeks by Direct Deposit no later than l2:Ol AM. on payday. SECTION 8.4 UNDISPUTED ERROR In case of an undisputed error on the part of the company as to an Employee?s rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any error, involving eight (8) hours of pay or more, will be corrected and paid within three (3) working days. 15 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 220 ARTICLE 9 HOLIDAYS SECTION 9.1 HOLIDAYS DEFINED Whenever the term "holiday? is used, it shall mean: New Year ?s Day Labor Day Martin Luther King Jr. Birthday Columbus Day President ?3 Day Veteran ?3 Day Good Friday *Tlranksgiving Day Memorial Day *Clrristmas Day Independence Day Employee '3 Birthday SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS A. D. E. The parties recognize that the Krome operation is a 24 hour a day 365 days a year operation and must be staffed accordingly. As such, employees will be required to work on the holidays recognized above. A ?rll-time position Employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift premium for that holiday. Any full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition, shall receive eight (8) hours holiday pay at the straight time rate as described in (A) above. In the event that the Holiday falls on a weekend, the term "holiday" will refer to the day that the US. Government designates as the Holiday. The twelve (12) holidays shall be paid for regardless of the day of the week on which they fall. The employee who is requested and agrees to work on any of the above-named holidays but fails to report to work for such holiday shall not receive holiday pay, and shall be subject to discipline. Employees assigned to work Christmas and Thanksgiving will receive time and a- half plus the eight (8) hours holiday pay. Employees who work less than forty (40) hours per week average will have their holiday pay pro-rated based on average hours worked per week. l6 AKIMA NUSOG CBA (Supervisory Detention Officers) 20l4-20l7 2019-ICLI-00048 221 ARTICLE 10 VACATIONS SECTION 10.1 ELIGIBLE FULL-TIME AND PART TIME EMPLOYEES Eligibility for vacation bene?ts shall be based on Department of Labor (DOL) rules under Service Contract Act. Eligible full-time Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule: An Employee who is assigned less than 40 hours per week on a regular basis, will receive prorated vacation bene?ts based on hours worked in the previous year based on the employee?s anniversary date. Upon completion of one (I) year of service: eighty (80) hours Upon completion of ?ve (5) years of service: one-hundred and twenty (l20) hours Upon completion of ten (l0) years of service: one-hundred and sixty hours SECTION 10.2 SCHEDULING VACATIONS Provided that the Employee has time available to cover the requested time, vacations, insofar as is reasonably possible, shall be granted at the times most desired by the Employee, alter the Employee's anniversary date. SECTION 10.3 UNUSED VACATION Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on Employee?s anniversary date of employment) shall be paid to the Employee. SECTION 10.4 PAY IN LIEU OF VACATION LEAVE If an Employee has not been able to schedule all their earned vacation leave during the year, and risks losing this unused vacation leave, then the Company will allow the Employee to cash out any vacation leave remaining at the end of the Employee?s anniversary year. SECTION 10.5 TERMINATING EMPLOYEES Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act. (Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period). 17 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 222 SECTION 10.6 VACATION - LAID OFF EMPLOYEES Length of service with the Employer shall accrue for the purposes of vacation bene?ts while an Employee is on laid-off status for up to one (1) year. Employees will only be paid vacation bene?ts upon returning to work. SECTION 10.7 VACATION - LENGTH OF SERVICE Vacation schedules shall be based on length of service as de?ned with the present contractor and with prior contractors in the performance of work at various building at ICE, Krome Service Processing Center. SECTION 10.8 VACATION - INCREMENTS Consistent with Employer approval, ef?ciency, and economy of operations, Employees with two (2) or more weeks of vacation may take their vacation in segments of not less than one (1) week each. Those with more than two weeks? vacation may take the additional week in one (1) day, eight (8) hour increments. SECTION 10.9 HOLIDAYS OCCURRING DURING A SCHEDULED VACATION Should a holiday occur during an employee?s vacation, the employee shall receive one (1) additional day?s vacation with pay, or pay in lieu thereof, at the option of the employee. ARTICLE 11 LEAVES OF ABSENCE SECTION 11.1 LIMITATIONS Personal leaves of absence for non-medical emergencies may be granted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer. An employee on any unpaid leave of absence will be required to use available vacation or personal leave time in full before beginning the unpaid leave. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued bene?ts for any unpaid leave of absence over thirty (30) days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory unpaid leave of absence. Unpaid leaves of absence may be taken only with written approval of the Employer or in a case of veri?ed personal emergency. Failure to report for scheduled shi?s without Employer permission will Supervisor to disciplinary action. Any full-time employee who uses more than two (2) days of leave without pay (LWOP) per Government contract year for absences not covered by Family and Medical Leave Act of I993 (FMLA), Worker?s Compensation, or whose absence is not a company approved accommodation and/or leave, will face discontinuance of employment. All unpaid leaves of absence under this article are without pay, bene?ts, or allowance. AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 223 ION 11.2 MEDICAL LEAVE A. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein. B. The Company agrees to honor the FMLA for all eligible Employees. C. During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the ?tness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment. D. If the Employee ?les for medical leave on false pretext or works for another employer without pre-authorization from the company, the Employee will be removed from the 800 program and from employment with Employer. SECTION 11.3 MILITARY LEAVE An Employee of the Company who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave. An employee must furnish the Employer with a copy of his or her orders within ?ve (5) days of receipt of such orders. SECTION 11.4 UNION LEAVE Up to four (4) union representatives will be granted an unpaid leave of absence no more than once a year for a maximum of ?ve days upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union as long as staf?ng requirements permit. More time may be granted upon mutual agreement between the Company and the Union. SECTION 11.5 PERSONAL LEAVE Each full-time Employee shall be eligible to use a maximum of 3 days of personal leave per l2-month year worked. Eligible full-time Employees shall be entitled to personal leave upon completing one year of continuous service with the Employer (based on the Employee?s anniversary date of employment). A. Personal days shall be used in no less than four-hour increments and shall be paid when taken by the Employee as approved at least fourteen (14) days in advance by the Project Manager or Assistant Project Manager. AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 224 B. Employees who work a regular schedule of less than 40 per week will receive pro-rated bene?ts based on the number of actual hours worked in the previous year based on anniversary date. C. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave pay will be paid to Employee within the month following their anniversary date. D. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of actual hours Employee worked during that year based on hire date anniversary. If the Employee has used more personal days upon termination than he/she earned based upon time worked on the contract (2 hours per full month worked), the amount of the overage will be deducted from the Employee's ?nal paycheck. (Example: If Employee works only six months and therefore earns twelve (12) hours of personal leave, but actually uses sixteen (l6) hours of personal leave, the extra four (4) hours? pay will be deducted from Employee's ?nal paycheck). E. Personal leave (and vacation) days will be used to cover absences caused by illness if the employee has exhausted their sick leave. Any Employee who is unable to report to work because of sickness must notify the Employer at least two (2) hours prior to the beginning of his/her regular shift in order to be eligible for paid personal leave bene?ts. Proof of illness may be required. Disciplinary action may result from excessive, unapproved absenteeism. SECTION 11.6 SICK LEAVE A. Each full-time Employee shall be eligible to use a maximum of six (6) days of sick leave per 12-month year worked. Sick leave shall accrue at the rate of day for each 2 months worked. B. Sick leave will be payable for full days of absence due to illness commencing on the ?rst day of illness, and will not be paid for more than eight (8) hours at the employee?s regular straight time rate for each day the employee is eligible to receive sick pay. Sick leave will not be considered as time worked for purposes of computing overtime. C. If the Employee is absent from work for three (3) or more consecutive days, the Employer will require the employee?s health care provider to complete the Company?s Fitness for Duty form. This form must be submitted to the Employer?s Human Resources department for review prior to or on the day of the Employee?s return to work after three (3) consecutive days of absence. This form will be available electronically, hard copy or fax via the following manners: a) The Company?s Intranet; b) Upon request from Human Resources department; or c) Upon request from the Employee?s supervisor D. Any Employee who has unused Sick Leave at the end of the anniversary year shall be permitted to carry over six (6) days of sick leave to have a maximum accrued bank of 20 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 225 twelve (12) days of sick leave at any time. Accrual beyond twelve (l2) days of sick leave will not be permitted. E. Employees who work less than forty (40) hours per week average will have their Sick pay pro-rated based on average hours worked per week over the prior year. F. Employees must use any accrued Sick Leave to cover absences due to an illness before they can use Personal or Vacation Leave. SECTION 11.7 PROCESSING UNPAID LEAVES OF ABSENCE The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence must be processed in the following manner: A. All requests for unpaid leaves of absence shall be submitted in writing to the Project Manager at least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal emergencies, and include: a) The reasons for such leave; b) The effective dates of such leave; and c) The estimated date of return to work. 5? The Company will respond to the request within five (5) working days. C. The written request for leave of absence shall be submitted to the Human Resources Manager or the Project Manager for ?nal approval. If the request for the leave of absence is approved, a copy of the approved leave of absence will be given to the Employee involved. D. Extensions of the leave of absence may be granted at the sole discretion of the Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days. SECTION 11.8 GENERAL PROVISIONS Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement. SECTION 11.9 BEREAVEMENT if it is necessary for an employee to lose time from work because of death in the immediate family, the employee shall be entitled to three (3) days paid leave of absence at his or her straight-time rate of pay. lf a death in the immediate family occurs among a member of the immediate family who resided out-of-state, the employee shall be entitled to five (5) days paid leave of absence at the employee?s straight-time rate of pay. Family. This is de?ned to mean an employee?s father, mother, spouse, sister, brother, children (including legally adopted children and/or stepchildren), father-in-law, mother-in-law. sister-in-law, brother-in-law, grandparents, and grandchildren. In addition, Employees will be allowed paid bereavement leave for up to one aunt or uncle in a year. In the event there are additional deaths of aunts or uncles in a year, the Company will make its best efforts to provide 21 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20I4-2017 226 additional time off. Employees will be able to use accrued vacation or personal leave during such absences. The Employer will require the death certi?cate or the state/county equivalent when an employee requests a paid leave. Employees will be provided time to produce the death certi?cate to the Company from the start of the bereavement leave. Employees will be provided up to thirty (30) days for death of covered family member if the family member lived in Florida, forty-?ve (45) days if they live in another state within the United States, and sixty (60) days for deaths outside of the United States. SECTION 11.10 JURY DUTY If an employee is called for jury duty, upon written notice that the employee has served, the Employer shall reimburse employee for each day served, less all fees collected for serving, at a regular rate of base pay. This will be pro-rated for all part-time employees. Transportation fees to employees are not to be counted as jury duty pay. If any employee is called as a witness to a crime on the facility, then he shall be compensated for all time lost. Employee must inform the Company immediately in writing upon receiving a notice to report for jury service. The Employer reserves the right to request an exemption. SECTION 11.11 ABSENTEEISM FROM DUTY An employee must call in to the appropriate supervisor two (2) hours prior to the start of the scheduled shift. In the event an emergency prevents an employee from reporting to work and notifying the office prior to the scheduled shift, an employee must contact the appropriate Supervisor as soon as possible and explain the failure to report for duty. Explanations are subject to verification. Unveri?ed and unexcused absences from duty will result in disciplinary action. AGS considers that an employee has resigned their position voluntarily (voluntary separation) if the employee is absent from duty due to ?no call/no show? more than 2 consecutive days or 5 days in a contract year. ARTICLE 12 HEALTH, WELFARE AND UNIFORM ALLOWANCES SECTION 12.1 PAYMENTS For the term of this Agreement, the employer will provide Medical Coverage for all employees who work at least thirty (30) hours per week to include their legal dependents. Participation by Employees in the Company?s Health and Welfare Plans shall be in accordance with the terms of those Plans as they presently exist and as they may be amended by the Employer from time to time. The Plans currently include medical insurance, dental insurance, vision insurance, and the Shop Plan - hospital reimbursement plan. 22 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 2014-2017 227 The Union shall have the option, at its discretion, to request modi?cations to the design of the Company?s Plans, and shall also have the option to substitute its own Plans for the Company?s Plans. Any such requested changes to the Company?s Plans, and any such substitution of Plans, shall be negotiated between the Company and the Union. The parties further agree that Employees may be required to make contributions to the Plans amounts vary according to the type of coverage. Changes to the contributions will not occur without at least 30 days? notice to the Union and Employees, and contributions will be done on a pre-tax basis in accordance with regulations. For the life of this Agreement, the Employer will make health and welfare payments on all hours worked up to forty (40) hours per week, and up to a total of 2080 hours per contract year, as described in Appendix A. SECTION 12.2 OTHER BENEFITS The Employer will offer Employees the opportunity to participate in other available Employee paid fringe bene?t programs made available to all Supervisory Detention Officers employed by the Company. These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance plans, 401(k) plans, and any other plan mentioned in this Agreement. SECTION 12.3 UNIFORM AND UNIFORM MAINTENANCE Uniforms shall be supplied where required by the Employer. Members shall retum all the uniforms issued to them upon separation or eighty percent replacement cost for uniform items and one hundred percent (100%) for replacement cost of equipment. The Employer will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described in Appendix A. ARTICLE 13 MISCELLANEOUS PROVISIONS SECTION 13.1 BULLETIN BOARDS The provision of these facilities is the prerogative of the U.S. Government, who owns and controls all worksite facilities. A. The Union shall provide an appropriate bulletin board exclusively for the use of the Union for the posting of non-controversial notices, such as: a) Notices of Union recreational and social affairs; b) Notices of Union elections; c) Notices of Union appointments and results of Union elections; d) Notices of Union meetings; e) Union updates of negotiations. 23 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-2017 228 B. There shall be no other postings on the Union's bulletin board by the Union, by employees or by the Company, of advertising or of any political matters. C. Employer has no say in the use of the Union?s bulletin board, except in order to maintain proper decorum or when directed by the government. SECTION l3.2 PHYSICAL EXAMINATIONS The Employer may require, as a condition of initial and continued employment, that applicants and employees submit to physical examinations including Physical Agility and endurance tests, to determine ?tness for duty. Such examinations may include laboratory tests to detect the presence of alcohol or illicit drugs. Such laboratory tests may be administered before the commencement of work, after layoffs or leaves of absence in excess of thirty (30) calendar days, after on-the-job accidents, and upon reasonable suspicion of drug or alcohol use or impairment. The Employer may also require employees to undergo such laboratory tests on an annual basis. When required, such annual examinations will be given within fi?een (15) days of an employee?s anniversary date. The Employer shall bear the cost of the initial and of the annual physical examination. Personal leave, with the permission of the supervisor, may be used for taking client-required re-examinations. For such re-examinations, employee shall make every attempt to use insurance coverage by Employer or otherwise owned by employee. Other than through insurance, Employer shall not cover the costs of client-required re-examinations. SECTION 13.3 TRAVEL EXPENSES The Company will provide advance payments for Company authorized and approved travel expenses if requested by an Employee. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight, and the appropriate per diem will be paid. All hours in travel up to a maximum of eight (8) per day will be counted as work hours, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel within twenty (20) days from the day Employer receives the properly completed travel voucher and all required receipts. SECTION 13.4 BREAK ROOMS The Employer will make its best effort to obtain from the US. Government break rooms for 8003 for breaks and lunch, without management using the room as an office, and will make its best prerogative of the US. Government effort to have the US. Government equip the room with water. The providing of these facilities is the prerogative of the US. Government. SECTION 13.5 LOCKERS The Employer will make its best e??ort to obtain lockers from the US. Government for the use of the SD08. The providing of these facilities is the prerogative of the US. Government. SECTION 13.6 UNION MEETINGS Neither Union officials nor Union members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of 24 AKIMA 8r. NUSOG CBA (Supervisory Detention Officers) 20l4-20I7 229 grievances as described in this Agreement. No Employee may leave their post without permission from the Employer under any circumstances, unless there is appropriate Government permission granted. No Employee may be at the worksite at any time unless on duty at that time. SECTION 13.7 VISITATION It is agreed that the Union representative shall have access to the various buildings under ICE, Krome Service Processing Center, Miami during working hours, to ascertain whether the Agreement is being properly observed, providing there is a minimum interruption of normal course of the operation at the various buildings under ICE, Krome Service Processing Center, Miami and all regulations of the Government are complied with. It is mutually understood that the Employer has no control over who can visit the site. This control is solely with Krome Service Processing Center, Miami. ARTICLE 14 401(k) PLAN The Company shall provide a 40l(k) plan to which Supervisory Detention Of?cers are eligible to contribute, whether Union or Non-Union. At the direction of the individual Employee, the Company will deposit the pension payments to the Employee's 401(k) account. Employees shall be subject to the eligibility requirements and rules of the Plan. Participation by Employees in the 401(k) Plan shall be in accordance with the terms of the 401(k) Plan as it presently exists, and as it may be amended by the Employer from time to time. The Union shall have the option, at its discretion, to substitute its own 40l(k) Plan for the Company?s 401(k) Plan. If such a change is made, the Company will deposit the pension payments exclusively to the Union?s 401(k) Plan. The Union must provide the Company with ninety (90) days? notice before such a transition would become effective to enable the Company to make all necessary changes to facilitate the transition. ARTICLE 15 SAFETY SECTION l5.l SAFETY POLICY It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the pr0perty of the US. Govemment, who is responsible for the condition and safety of the worksite. The Company agrees to permit one (1) bargaining unit member selected by the Union to participate in any locally scheduled safety meetings. 25 NUSOG CBA (Supervisory Detention Officers) 20l4-20l7 230 SECTION 15.2 OSHA STANDARDS The Company will report any safety violations observed or reported to the Company in any US. Government-provided SDO workstation or break room. ARTICLE 16 CONTINUITY OF OPERATIONS A. No Strike-No Lockout Provision. It is the intention of the parties to adjust any and all claims, disputes, or grievances arising hereunder by resort to the procedures provided in this Agreement, and it is therefore agreed that during the life of this Agreement, there shall be no cessation of work, whether by strike, walkout, lockout, sick-out, picketing, or other interference with or curtailment of performance of duties, including sympathy strikes. B. Strike Lines. During the life of this Agreement, a refusal by an employee or employees to cross a strike line at the employees? regular place of employment, established by the Union or any other labor organization or established by any other group, shall constitute a violation of Section A of this Article. The Union agrees as part of the consideration of this Agreement that it will, within twelve (12) hours, take steps to end any work stoppages, strikes, intentional slowdown, picketing, or suspension of work, and shall notify its members by telephone, email, newspaper, and Employer and Union bulletin boards of such violation of this Agreement and shall instruct its membership to return to work immediately. The Union agrees that it will not assist employees participating in such work st0ppage, strikes, intentional slowdowns, picketing, or suspension of work against whatever disciplinary action the Employer may take and that such disciplinary action shall not be subject to the regular Grievance Procedure or to this Agreement. ARTICLE 17 SEPARABILITY OF CONTRACT In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through US. Government regulations or decree, such parties hereto agree to renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the decree or US. Government statutes, so long as they shall remain legally effective. lt is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect. Should any part of this Agreement or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of any court 26 NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 231 of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof. Remaining parts or provisions shall remain in full force and effect. ARTICLE 18 ENTIRE AGREEMENT The parties acknowledge that during the negotiation which resulted in the Agreement. the unlimited right and opportunity to make demands and proposals with respect to any or matter not removed by law from the area of collective bargaining, and all understand agreements reach by the parties are set forth in this Agreement. Therefore, the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment, including but not limited to, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the term of this Agreement, except as speci?cally provided for in other provisions of this Agreement. ARTICLE 19 DURATION This Agreement shall be effective from July 1, 2014 through June 30, 20l7 and supersedes any and all prior agreements or understandings between the parties. IN WITNESS WHEREOF, the parties have caused their representatives to sign this Agreement as full acknowledgment of their intention to be bound by the Agreement. FOMational Union of Security Of?cers and Guards we FOR: Akima Global Services, LLC Cr #6 c, 15 Name: I Date TitlezDr 066%?, L/Moe? cf r?z; A 770,9 -. 2?7 AKIMA NUSOG CBA (Supervisory Detention Of?cers) 20l4-20l7 232 Appendix A WAGE SCHEDULE Hourly Wage Rate: Effective May 1, 2015 (W4) per hour Effective May I, 2016 per hour Effective May 1, 2017 per hour shl? dt?erential of four percent of the employee 's regular hourly rate shall be paid for all hours worked between 2 P.M. and 10 P.M. A shift dwerential of six percent of the employee is regular hourly rate shall be paid for all hours worked between IO P.M. and 6 AM. Unifomi Allowance: Effective May I, 2015 (W4) per hour t3) to 40 hours per week Effective May 1, 2016 per hour up to 40 hours per week Effective May 1, 2017 per hour up to 40 hours per week Rate: Effective May 1, 2015 mm per hour up to 40 hours per week Effective May 1, 2016 per hour up to 40 hours per week Effective May 1, 2017 per hour up to 40 hours per week Effective May 1, 2015 (MM) per hour up to 40 hours per week Effective May I, 2016 per hour up to 40 hours per week Effective May 1, 2017 per hour up to 40 hours per week Those Employees who were working part-time on the contract prior to October 1, 2014 will be afforded the first right of refusal for full-time positions as they become available. New hires will be hired on a part-time basis and will not be offered full-time positions until all part-time employees on the payroll prior to October I, 2014 have exercised their right of first refusal for full-time status. 28 AKIMA NUSOG CBA (Supervisory Detention Officers) 2014-2017 233 FOR: National Union of Security Of?cers and Guards 15/5 Dat FOR: Akima Global Services, LLC r?r 6 Dine ??830. x: Mm #5 a 7/wJ' I AKIMA NUSOG CBA (Supervisory Detention Of?cers) 2014-20? 2019-ICLI-00048 234 29 From: Sent: 13 Jun 2017 02:10:57 -0400 To: Subject: Fw: ER02.0 Task 4, Step 2 deliverable Attachments: 170410 ER02.0 Task4 Step2 deliverable_S.pdf And here's the 2nd TCO deliverable submission. You should now be fully up to date. Thanks, 'McKinsey Company 1200 19th Street NW, Suite 1000 Washir aton DC 20036 Mobile - Forwarded on 06/13/2017 02:09 AM Date: 04/10/2017 06:38 PM Subject: ER02.0 Task 4. Step 2 deliverable Good afternoon Hope your week is off to a nice start. Please ?nd attached our deliverable for ER02.0 Transformation, Step 2 -- let me know if you have any questions or follow ups. Best (See attached?le: 1 70410 ERO2.0 ask4 Step2 deliverable_S.pdf) Company. Inc I I(bl(6)i(bl(7l(Cl I This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-lCLl-00048 235 5 US. Immigration . and Customs Enforcement EROZ.O Task 4: Step 2 deliverable 10 April 2017 PRELIMINARY FOR DISCUSSION ONLY Task 4, Step 2 deliverables lo Prioritized lists of the requirements for modeling TCO across mission lifecycle OSet of logic flows that collectively illustrate the relationships to be captured by a MVP version of a TCO model, including the initial data sets that feed the TCO estimate, as defined by requirements established in the first stage aData sets to be used in developing a TCO estimate for ICE, including both cost and performance factors, as well as a list of data gaps and potential workarounds or recommendations for future data collection to fill those gaps 237 2 Pre~Decisional - Proprietary and Con?dential Enforcement Prioritized list of requirements for TCO modeling PRELIMINARY Dynamic/queuing TCO model U.S.immi 'ra ion 2019-ICLI-00048 238 u" I3 Pre-Decisional - Proprietary and Con?dential ?sf/5 Enforcement Task 4, Step 2 deliverables oPrioritized lists of the requirements for modeling TCO across mission lifecycle OSet of logic flows that collectively illustrate the relationships to be captured by a MVP version of a TCO model, including the initial data sets that feed the TCO estimate, as defined by requirements established in the first stage OData sets to be used in developing a TCO estimate for ICE, including both cost and performance factors, as well as a list of data gaps and potential workarounds or recommendations for future data collection to fill those gaps 2019-ICLI-00048 239 31-3113313511anI 4 Pre-Decisional Proprietary and Con?dential EnlurLt-menl 9 Defining logic flows to establish a ?total cost? detention mindset and model relationships M4) us. Immigration 2019-ICLI-00048 240 .deuumm Pre-Decisional - Proprietaty and Confidential 1335:.? MISSION TOTAL COST HIGHLY PRELIMINARY "Total cost? for fulfilling lCE's mission establishes relationships between a set of supply, demand, and operational influences U.S.lm:ni Ira inn 2019-ICLI-00048 241 u? Is Pre-Decisional - Proprietaty and Confidential Enforcement MISSION TOTAL COST 9 Together, these elements form the logic of a ?total cost" driven model Integrated Operations Demand strategy outcomes Factors Detainee types Operational =Tota cost decisions Scenarios Strategies and operating models Constraints 2019-ICLI-00048 242 3 7 Pre-Decisional - Proprietary and Con?dential ?sf/5 Enforcement DEMAND: FACTORS PRELIMINARY To estimate detention bed demand, TCO model can incorporate main drivers of elements both within and out of ICE's control us. Immigration 2019-ICLI-00048 243 .?ndCumum Pre-Decisional - Proprietary and Con?dential Enforcement DEMAND: CONSTRAIKTS PRELIMINARY In addition to bed demand drivers, a set of constraints add to the complexity of the overall detention placement strategy - n} cfn?h I: I Transfer policy ICE organizational responsibility Ninth Circuit U.S.Im:ni -ra 244 I 9 Pre?Decisional - Proprietary and Con?dential Enlnru-menl DEMAND: SCEKARIOS PRELIMINARY As factors vary, ICE could face a variety of different operating scenarios for detention and removals in 2020 Potential future scenarios (bxs) Given the wide range of detention scenarios ICE could face, the strategic plan pursued should be flexible and adaptable U.S.Im:ni Ira 245 I (i I10 Pre-Decisional Proprietary and Con?dential '1 Enlnru-menl DETAINEE TYPES To model demand types and their lifecycle through the system, detainee archetypes can be built from combinations across five variations Medical special needs Detainee variations Citizenship Order status Program apprehension method (CAP/other) ?534,1 IISJmmigration I 2019-ICLI-00048 246 m1 Pre?Decisional - Proprietary and Confidential Emu? Enforcement DETAINEE TYPES HIGHLY PRELIMINARY A ?total cost? model can use archetypes of detainees to estimate total removal costs and build options to inform procurement planning Pre-removals assignment Apprehension Initial assignment Long-term assignment Removals 5 3?13} ~l 2019-ICLI-00048 247 unICusunm I Pre-Decisional - Proprietary and Con?dential ?ml. Enforcement STRATEGIES OPERATIMB MODEL PRELIMINARY TCO analysis can test various detention strategies based on facility type, placement, and dedication to certain competencies These are four potential strategies that can optimize total cost and efficiency Further analysis on totals costs across the lifecycle from apprehension to removal will refine analysis U.S.lm:ni -r.i lull 248 u? m. PreDecisional - Proprietary and Con?dential ?an H'Ltmenl OPERATIONAL DECISIONS At each of the four key decision points that affect the total cost outcome, there is a prioritized set of factors to consider PRELIMINARY i 4 routing decisions 4 'ra iun 2019-ICLI-00048 249 I 14 Pre?Decisional - Proprietary and Con?dential 'i Enforcement OPERATIONAL DECISIONS HIGHLY PRELIMINARY ILLUSTRATIVE For given archetypes, ?total cost" models can compare decision flows and allocation across decision points Even though costs for certain steps are higher in Scenario 2, total cost is lower With removals a year, this mindset can result in large savings U.S.lmmigralion 2019-ICLI-00048 250 ?ntIFu?Imm Pre?Decisional - Proprietary and Con?dential Entorcemenl Task 4, Step 2 deliverables oPrioritized lists of the requirements for modeling TCO across mission lifecycle OSet of logic flows that collectively illustrate the relationships to be captured by a MVP version of a TCO model, including the initial data sets that feed the TCO estimate, as defined by requirements established in the first stage eData sets to be used in developing a TCO estimate for ICE, including both cost and performance factors, as well as a list of data gaps and potential workarounds or recommendations for future data collection to fill those gaps 251 16 Pre-Decisional Proprietary and Con?dential '1 Enlnl'u?menl PRELIMINARY eTotal cost of ownership integrates lifecycle/ mission costs across ICE internal and third-party spend (0x4) TCO: cost of ICE ful?lling mission to enforce remove or IISJmmigraliun 2019-ICLI-00048 252 1% and. (W 17 Pre-Decisional - Proprietary and Confidential hnlorcemenl PRELIMINARY 9 Data assessment - 1 of 2 Category: Field: Source: Apprehension location detail Population characteristics U.S.Immi 3 ion 253 Q) and 13 e-Decisional Proprietary and Con?dential . Enforcement 9 Data assessment - 2 of 2 Category: Field: Source: (mu) Transportation LOS removals U.S.Immi 3 ion 254 @f and cugo?s? 19 PreDedslonaI?Propdetaryand Con?dential Enforcement From: Sent: 25 Sep 2017 09:36:14 -0400 T03 Subject: FW: Funds for McKinsey HSCECR-17-F-00003 Hey -just a heads up the mckinsey funds were not on the ?approved? list so I'm holding off for now. The mod is otherwise ready to go. From? Sent: Monday, September 25, 2017 8:48 AM To: Subject: RE: Funds for McKinsey HSCECR-17-F-00003 Hey I don?t see this requisition on the list of approvals. Is this still tied up in the approval process? I?m just asking since previous reqs for this order were approved pretty quickly. Thanks, From: Sent: Thursday, September 21, 2017 4:02 PM TO: Cc: Subject: Funds for McKinsey HSCECR-17-F-00003 -another req for approval. This one is 192117EROLESA0058 in the amount of $1,713,378.61. I DCR I McKinsey order HSCECR-17-F-00003 I FY 2017 Funded Amount: $15,583,574.45 I Total Contract Amount: $15,583,574.45 I POP is currently 1/3/17 10/27/17 I Can the POP be reduced in order to obligate less funds in (Yes or No). If no, provide an explanation in Column I. If yes, say what the new POP will be in Column J. If yes, say what the total dollar amount of funds not being obligated will be. 0 No. Funds are for upcoming invoices and are needed to fully fund current CLINS. Contract Specialist Detention, Compliance, and Removal 202-732 922921 2019-lCLl-00048 255 From: Sent: 24 May 2018 12:29:08 +0000 To: Subject: FW: ERO 2.0 CLIN 2005/6 Notice FYI it looks like the program office doesn?t intent to exercise the final CLINs on the ERO 2.0 order. There are ~30 days remaining on the order; CLIN 3004 will expire on 6/24 and CLIN 1006 will expire 6/30/18. Fromm Sent: Monday, May 21, 2018 11:10 AM To: Cc: Subject: FW: ERO 2.0 CLIN 2005/6 Notice Per -hey will not be funding the next option. Thank You Office 202-732-W Cell From? Sent: Monday, May 21, 2018 10:49 AM T0: Cc: Subject: RE: ERO 2.0 CLIN 2005/6 Notice Hi No, we are not. Thank you for checking. From: Sent: Monday, May 21, 2018 10:45 AM To; Cc: Subject: FW: ERO 2.0 CLIN 2005/6 Notice Good Morning COS Does Human Capital plan on funding the next POP 6/11/18 - 10/28/18 total is Thank You 2019-ICLI-00048 256 Office Cell 202-487-EX7XC) From: Sent: Monday, May 21, 2018 7:59 AM To: Subject: ERO 2.0 CLIN 2005/6 Notice CLIN 3004 on HSCECR-17-F-00003 will expire in about 33 days. Do you know if we are planning to exercise CLINs 3005 and 3006? They seem to be intertwined so I believe we need to exercise them at the same time. I?d like to send McKinsey notice sometime this week. Thanks, Contract Specialist Detention, Compliance, and Removal 202-732 257 From: Sent: 15 Mar 2017 12:57:16 -O400 Cc: Subject: FW: ERO Change Services - End of week recap From: Sent: Friday, January 6, 2017 6:54 PM Subject: Fwd: ERO Change Services - End of week recap Oops - forgot to include the correct From: Sent: Saturday, January 07, 2017 12:19:44 AM Subject: ERO Change Services - End of week recap Happy New Year! I hope you had a restful and enjoyable holiday season and are as excited as I am to be back in action. This (short) week has certainly been action-packed, as we prepare to kick off our ?alpha development run? in Detroit. We focused on ensuring the team is ready to hit the ground running, and refining our plans for co-creating the ERO 2.0 materials and building momentum for change in the ?eld. Next week, the ERO 2.0 team will co-locate in DC for a ?Content Experts workshop,? in which we will prepare for the Detroit supervisors kickoff (Jan 18-19), and the first Change Agents bootcamp (to begin Jan 23). Have a great weekend, Accomplishments this week: 2019-ICLI-00048 258 Plans for next week: Schedule for the next 2 weeks Week of Jan 9-13 Team in Washington, DC Mon, Jan 9 Prep for ERO 2.0 Union Brief Phil, -- Weekly Check-In w/ Phil Miller -- ICE bi-weekly check-in with -- ERO 2.0 ADR Content Experts Prep workshop Day 1 Tue, Jan 10 -- ERO 2.0 ADR Content Experts Prep workshop Day 2 -- Union/ERO 2.0 Check-In Call ERO 2.0 Team Dinner at Ankara Wed, Jan 11 ERO 2.0 ADR Content Experts Prep workshop Day 3 Week of Jan 17-20 Team in Det W?Thurs Mon, Jan 16 MLK Holiday Tue, Jan 17 9200-9230AM -- Union/ERO 2.0 Check-In Call Project leaders check-in Wed, Jan 18 (Detroit) -- Weekly Cross Team Check-in -- ERO 2.0 Team Dinner in Detroit Thu, Jan 19 (Detroit) - Meetings with Detroit AOR leadership and facility tour - Kickoff with Detroit AOR supervisors 2019-ICLI-00048 259 (DPhil) McKinse Comoan Inc. 1200 19th St NW Washington, DC 20036 Mobile: Emaililmvm-mwmn This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 260 From: Sent: 15 Mar 2017 12:56:47 -O400 To: Cc: Subject: FW: ERO Change Services - End of week recap (1/17-1/20) From: Sent: Friday, January 20, 2017 4:14 PM Subject: ERO Change Services - End of week recap (1/17-1/20) Hi This week was a turning point for the ERO 2.0 effort, as we kicked off our Detroit-based efforts. We spent Wednesday and Thursday immersed in the AOR, identifying the Change Agents who will be our partners in this over the coming months, meeting with all the managers and supervisors, and getting to know the local context. The ERO 2.0 Content Experts were fantastic in terms of conveying the information and plans for Detroit, listening to questions and ideas, responding to healthy skepticism, and instilling con?dence in the process and the desired outcomes. Special thanks to each team member -- and especially Rebecca and Mark, our gracious hosts in Detroit -- for all their hard work getting this started right. Next week, the team will be ?heads down" in Detroit for the Change Agent Bootcamp. Our chief goals are to orient the Change Agents to their role, the 2.0 effort, the recommendations, and the plans, as well as to problem-solve with them on what speci?cally to test in Detroit and how. Have a great weekend, Accomplishments this week: 2019-ICLI-00048 261 . k- Schedule for the next two weeks: Week of Jan 23rd Team in Detroit for Change Agent Bootcamp Week 1 Bootcamp is 9-4pm Tues-Thurs this week Mon, Jan 23 Check in with Nathalie Asher ?Check in with Phil 9:30-10am Check in with Check in with? Tracey. 3-4PM Kick off with Detroit Change Agents and - Team dinner in Detroit with 2.0 team Tue, Jan 24 -- Union/ERO 2.0 Check-In Call Wed, Jan 25 -- Steering Committee Meeting -- Weekly Cross Team Check-in Week of Jan 30 Team in Detroit for Change Agent Bootcamp Week 2 Bootcamp is 9-4pm Mon-Thurs this week Mon, Jan 30 **TBR**Project leaders check in call Tue, Jan 31 -- Union/ERO 2.0 Check-In Call Wed, Jan 31 9-9130AM **Possible Check in with Phil -- Weekly Cross Team Check-in I Company, Inc. I 1200 19th St NW Washington, DC 20036 Mobile: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not 2019-ICLI-00048 262 copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 263 From: Sent: 18 Apr 2017 08:59:53 -0400 To: Cc: Subject: FW: ERO Project (McKinsey)-Data for CDFs Importance: High Please the requested info below before noon today. Thanks, From: Sent: Tuesday, April 18, 2017 8:47 AM To: Cc: Subject: RE: ERO Project (McKinsey)-Data for CDFs Importance: High All, Following-up on the e-mail below for Farmville and Krome. If possible, please send me the information by noon today. Tha you! From? Sent: Thursday, April 13, 2017 1:48 PM TO: Cc: Subject: ERO Project (McKinsey)-Data for CDFs Importance: High All, I am assisting McKinsey (ERO Project) with gathering information on the following four (4) CDFs: Houston (existing and re-compete), Farmville, Krome, and South Texas/Pearsall. For the CDF contract you are assigned to, can you provide me the following information by C08 tomorrow if at all possible? 1. Does the contract include pricing for transition-out and/or a six (6) month extension (IAW FAR 2. Are there currently any major issues (Le-litigation, negotiations) with the contract? 2019-ICLI-00048 264 3. When does the current option period expire and what is the plan moving forward? (i.e.-Once the new Houston contract is awarded, how long will the current contract be extended for?) Please let me know if you have questions. Thank you! DHS ICE Office of Acquisition Management (OAQ) Detention, Compliance Removals (DCR) Contracting Officer 801 Street, Mail Stop 5750 Washington, D.C. 20536-5750 Desk: (202) 732-- Mobile: (202) 345-- Email: I 2019-lCLl-00048 265 McKinsey &Company United States Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations Change Management Services Request for Quote (RFQ) Volume 1: Technical Quote Solicitation HSCECR-16-Q-00002, Amendment 1 Due: January 8, 2016 4:00 pm. EST Submitted to: Submitted by: ICE Detention Compliance Removals McKinsey Company, Inc- Washington D-C- Immigration and Customs Enforcement enior Partner Contracting Officer 1200 19th Street, NW, Suite 1100 801 Street, NW, Washington, DC 20036 Washington, DC 20536 This proposal is the property of McKinsey Company, Inc. Washington D. C. ("McKinsey") and must not be disclosed outside the Government or be duplicated. used. or disclosed?in whole or in part?tor any purpose other than to evaluate this proposal. It a contract is awarded to McKinsey as a result of, or in connection with, the submission of this proposal, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract and subject to the limitations of the Freedom of Information Act. This proposal contains con?dential and proprietary information that is exempt from disclosure under Section of the Freedom of Information Actseq. Accordingly, no portion of this proposal should be released without consulting McKinsey Company. This proposal is contingent on the Parties reaching mutually agreeable terms and conditions and upon acceptance of any limitations described herein. 2019-ICLI-00048 266 From: Sent: 12 Jun 2017 23:10:50 -0400 To: Cc: Subject: Fw: ICE Talent - contract deliverable Attachments: 20170417_Ta ent initiatives_with sponsors.vF.pdf here was the third talent management deliverable submission (and the ?rst deliverable under Step 2). McKinsey Company 1200 19th Street NW, Suite 1000 Washington, DC 20036 Mobile: 1 Forwarded by on 06/12/2017 11:08 PM Date: 04/21/2017 04:34 PM Subject: ICE Talent - contract deliverable Him Attached is the deliverable for this week. Hope you have a wonderful weekend! Best Regards, 1200 19 St. NW II Washington, DC. 20036 (See attached ?le: 20170417_Talent initiatives_with sponsors. vF . pdf) :22: This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 267 US. Immigration and Customs Enforcement Talent Management Contract Deliverable April 17, 2017 Pre-Decisiona/ Proprietar and Confidential 2019-lCLl-00048 268 Contents PRELIMINARY Identification of leadership sponsors to carry initiatives through to national level implementation 11.5. Immigration and Customs I 2 Pre?Decisional Proprietary and Confidential 269 TALENT MANAGEMENT We are moving forward on a set of initiatives (1 of 3) RECRUIT the 0 best people for tomorrow?s workforce Goal Initiative Field rollout Sponsors Pre?Decisional Proprietary and Confidential 2019-ICLI-00048 270 11.5. Immigration and Customs 3 TALENT MANAGEMENT We are moving forward on a set of initiatives (2 of 3) HIRE quality 0 employees quickly Goal Initiative Field rollout Sponsors Pre?Decisional Proprietary and Confidential 271 11.5. Immigratiun and Customs I 4 TALENT MANAGEMENT Field rollout We are moving forward on a set of initiatives (3 of 3) Goal Initiative Sponsors GROW LEADERS for the next generation 11.5. Immigration and Customs I Pre?Decisional Proprietary and Confidential 2019-ICLI-00048 272 From: Sent: 13 Dec 2017 08:50:53 -0500 To: Subject: FW: Attachments: Form.pdf Here is the mod to deob funds from the ?16 McKinsey order. I was told they had it signed off but I never received the mod. I sent a second email this morning but if they signed off on it then it must be good to go. Let me know if I can make any edits. Thanks, From: Irbvsizibwvm Sent: Tuesday, December 5, 2017 4:53 PM Subject: RE: Hi 9><9x I just got sign off from finance. I?ll go ahead and get this signed and back to you asap. Apologies for the delay. I Sent: Tuesday, December S, 2017 4:08 PM TO: Subject: RE: @931 This requisition is starting to age on my desk a little bit; I?d really like to get this taken care of. If we haven?t heard back from your team by Monday, we?re going to go ahead and deobligate the funds unilaterally. Thanks, From: Sent: Monday, December 4, 2017 12:44 PM To: Subject: Re: i I haven?t heard back yet, but let me circle back with the finance team to get a definitive answer. Sent from my iPhone On Dec 4, 2017, at 10:51 AM, wrote: Good morning (9X9 has you heard anything from the team on this? Thanks, 2019-lCLl-00048 273 From: Sent: Thursday, November 30, 2017 11:28 AM To: Subject: RE: Hello just wanted to confirm my request below. Let me know if you have any questions. Thanks, From: Sent: Wednesday, November 29, 2017 10:19 AM To: Subject: Good morning- We?re looking to deobligate some unused funds from the 16 Task Order. Please review the mod and let me know if you have any questions/problems. If not, please sign in box 15 and return to me. Thanks, Contract Specialist Detention, Compliance, and Removal 202-732- This email is confidential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-lCLl-00048 274 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1? CONTRACT '0 CODE PAGE PAGES 1 2 2. NO. 3. EFFECTIVE DATE 4. REQ. NO. 5. PROJECT NO. (Ifappiicable) P00006 See Block 16C 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (If other than Item 6) CODE I ICEDETENTION COMPLIANCE REMOVALS IMMIGRAT I ON AND CUSTOMS ENFORCEMENT OFFICE OF ACQU I I ION MANAGEMENT 8 1 I STREET NW WASHINGTON DC 2 0 5 36 8. NAME AND ADDRESS OF CONTRACTOR street, county. State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASH INGTON DC ATTN 9B. DATED (SEE ITEM 11) 1200 19TH 10A. MODIFICATION OF N0. WASHINGTON DC 20036 108. DATED (SEE ITEM 13) CODE 8252293180000 03/14/2016 11. THIS ITEM ONLY APPLIES To AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received prior to the opening hour and date speci?ed. 12. ACCOUNTING AND APPROPRIATION DATA (If required) Ne 12 Decrease See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying otTIce. appropriation date, etc.) SET FORTH IN ITEM 14 PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER (Specify type of modi?cation and authority) Deobligation of funds E. IMPORTANT: Contractor is not, is required to sign this document and retum 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: OXQKMUXC) (202) 732-kmemX?KD Alt. COR: Ibit6l:(bl(7l(Cl I (202) Contracting (202) The purpose of this modification is to deobligate funds from CLINS 1001 and 1002 in the amount of OX0 All other terms and conditions remain unchanged. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) :??wxwx7XC) 158. ISC. DATE SIGNED 168. UNITED STATES OF AMERICA 160. DATE SIGNED (Signature of person authorized to sign) (Signature of Contracting Of?cer) NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10?83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 275 CONHNUKHONSHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 10001 10002 Exempt Action: Sensitive Award: NONE Delivery: 30 Days After Award Discount Terms: Net 30 Delivery Location Code: ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW SUITE 900 WASHINGTON DC 20536 Accounting Info: FOB: Destination Period of Performance: 03/21/2016 to 03/20/2018 Change Item 10001 to read as follows(amount shown is the total amount): BASE PERIOD CHANGE MANAGEMENT SERVICES Change Item 10002 to read as follows(amount shown is the total amount): BASE PERIOD TRAVEL 3,517,031.57 48,614.97 NSN 7540-01-152-8067 2019-ICLI-00048 276 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 CONTRACT ACTION REVIEW (CAR) LIST ANY SUPPORTING DOCUMENTS THAT SHOULD BE UPLOADED IN THE FILE PER THIS ACTION AND ARE NOT 12/13/17 SPECIFIED ON THE FILE CHECKLIST DFC CONF EMAIL MODIFICATION N0. DISTRIBUTION P00006 MOD LOG CONTRACTING OFFICER REVIEW CONTRACTING OFFICER REVIEW COMMENTS CONTRACT SPECIALIST COMMENT RESOLUTION LEVEL TWO REVIEWER (Printed name) Required if $500,000 SIGNATURE DATE LEVEL ONE REVIEWER (Printed name and position) CONTRACT SPECIALIST (Typed/printed name) I SIGNATURE DATE SIGNATURE DATE 2019-ICLI-00048 277 From: Sent: 17 May 2018 18:06:19 +0000 To: Subject: FW: 192118EROLESA0034 signed this CAR form so is ready to be released. Ori inal From: Sent: Thursday, May 17, 2018 12:37 PM To: I Subject: RE: 192118EROLESA0034 This CAR has been signed/saved. Thank you! Detention, Compliance Removals Section Chief DHS ICE Of?ce of Acquisition Management (OAQ) Phone: 202-36 Email: Original From? Sent: Wednesday, May 16, 2018 3:1 1 PM To: Subject: FW: 1921 18EROLESA0034 another funding mod and CAR Form for your review. This is the ?nal round of funding for 1006 on the McKinsey task order, 7-F-00003, which we've funded for the past three months. Let me know if you have any questions or if I can make any changes. Thanks! DC CONTRACT Management Services (HSC EC R-l 7-F-00003 Logical Follow-on SC EC R- Original From: Sent: Wednesday, May 16, 2018 2:36 PM To: I Subject: RE: 1921 Signed. Let me know when the CAR form is signed and I'll release. Thanks! Section Chief Detention, Compliance Removals DHS ICE Office of Acquisition Management (OAQ) Office: 202-732-- Mobile: 202-380- Email: Kbl(6li(bl(7l(Cl Original From? Sent: Wednesday, May 16, 2018 1:53 AM T02l(bl(6li(bl(7l(Cl Subject: RE: 1921 Yep just added it 2019-ICLI-00048 278 Original From? Sent: Wednesday, May 16, 2018 1 1:40 AM Subject: RE: 192118EROLESA0034 Can you include the incremental funding paragraph? ill not like it if we don't have it. Section Chief Detention, Compliance Removals DHS ICE Of?ce of Acquisition Management (OAQ) Of?ce: 202-732-- Mobile: 202-380-- EmailleI Original From: Sent: Wednesday, May 16, 2018 11:21 AM To: 1 Subject: RE: 192118EROLESA0034 I forgot we also altered the period of performance last time, which is why we did the mod bilaterally. I changed the authority back so we can do it unilaterally; it is ready for your review now. The CAR form will also go to_for review. DC CONTRACT Management Services 7-F-00003 Logical Follow-on Ori _ina From: Sent: Wednesday, May 16, 2018 10:42 AM To: I Subject: RE: 192118EROLESA0034 Why did we do it bi-laterally last time? Because we were late to exercise the option? That's what I'm guessing because you haven't changed the authority. Do you think the same reason exists to do it bi-laterally this time and 52-217-9 is still the appropriate authority? Section Chief Detention, Compliance Removals DHS ICE Of?ce of Acquisition Management (OAQ) Of?ce: 202-732-l Mobile: 202-380- Email: Original From: Sent: Wednesday, May 16, 2018 10:09 AM To: lrbvewbvai l> Subject: 192118EROLESAOO34 this is a funding mod for ERO 2.0. It's the last round of funds for 1006, so that is funded all the way to 6/30. We did this bilaterally last time so please take a look and I'll send it to McKinsey to be signed. DCR CONTRACT Management Services (HSCECR-17-F-00003 Logical Follow-on 2019-ICLI-00048 279 Original From:- Sent: Monday, May 7, 2018 9:36 AM T03 I Subject: PRISM Buyer Assignment Noti?cation Reference Document: Requisition, 1921 18EROLESA0034. Message: was assigned as the Buyer on 05/07/2018. You may access the document at Owner: I Requisitioncr: ICE Enforcement and Removal Operati Buyer? Site: ICE DCR Originating Of?ce: 2019-ICLI-00048 280 From: Sent: 13 Jun 2017 02:09:48 -0400 To: Subject: Fw: ICE ERO Transformation Task 4 (TCO Procurment Strategy), Step 1 deliverable Attachments: 170308 TCO Steering Committee Step 1 deliverable.pdf here's the first TCO deliverable submission from a few months ago. McKinsey Company 1200 19th Street NW, Suite 1000 Washinton DC 20036 Mobile: (DWXC) Forwarded by (bitawbwv on 06/13/2017 02:08 AM Date: 03/17/2017 05:01 PM Subject: ICE ERO Transformation Task 4 (TCO Procurment Strategy), Step 1 deliverable Hi 00.x; and I are enclosing a copy of the deliverable presented for ICE ERO Transformation Task 4 (TCO Procurement Strategy), Step 1. This was formally presented to_ and EADs Valerio and Miller on March 8 at headquarters in a Steering Committee meeting. Please let me know if you have any questions or if I can be of further assistance. I hope that you have a nice weekend. Best, MGM (See attached?le: 170308 C0 Steering Committee Step 1 deliverable. pdf) Company. Inc Direct NJ) This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 281 US. Immigration W: and Customs . Enforcement ICE Procurement: Confirming the opportunity Steering Committee PRELIMINARY 8 March 2017 Pre-Decisiona/ Progrietarg and Confidential Objectives of today?s conversation Review savings opportunities in detention contracts and root causes of process challenges Decide to move forward to capture the value at stake Agree on how we will work together to pursue the opportunity 2? 11.5. Immigration 283 l% mdcusmms 2 Pre-Decisional - Proprietary and Confidential Enforcement Contents Background on the TCO project origin, scope and objectives Opportunities to generate savings on detention spend Root causes of challenges in the procurement process Moving to action 2019-lCLl-00048 284 3% 211323;?? 3 Pre-Decisional - Proprietary and Confidential Enforcement Why we are here today: we want to improve detention spend effectiveness given ERO's current and future requirements We are one month into a four-month effort US. Immi ra ion 285 mdcusu?m? 4 Pre-Decisional Proprietary and Confidential Enforcement The ?procurement process? includes a wide range of players across PRELIMINARY HQ and the field EXHAUSTIVE 10PLA also has group that covers OAQ which provides legal interpretation of rem nt ntracts and le alobli ations U.S.Immi ation ?gs [gr mdcusmg; 5 Pre-Decisional - Proprietary and Confidential Enforcement Contents Background on the TCO project origin, scope and objectives Opportunities to generate savings on detention spend Root causes of challenges in the procurement process Moving to action w? - US. Immigration 2019-lCLl-00048 287 andcusmms 5 Pre-Decisional - Proprietary and Confidential Enforcement Summary of detention savings opportunities 288 Pre-Decisional Proprietary and Confidential and Customs US. Immigration I Enforcement PRELIMINARY We estimate "$150 385M savings ("10 25%) may be possible on "$1.48 third- party detention facility spend; of this, "$130 - 270M through facility rate reduction Annual savings opportunities I Overall1 Possible Estimated SM 1 Based on $1.48 of third-party detention spend, including of spend in FY16 on unoccupied capacity for guaranteed minimums NOTE: Numbers are rounded .. SOURCE: FFMS AP data; Facilities List (1-17-2017); jail cost statements; expert ?i U-S- Imm'gmw" I '00048 289 .l and Customs Enforcement Pre-Decisional Proprietary and Confidential FACILITY RATE SAVINGS PRELIMINARY ICE operates four facility types with unique cost structures 1 Includes USMS CDF 2 Excludes outsourced medical staffing, IHSC staffing, supplies 3 Excludes USMS agreements 4 Excluded USMS CDF NOTE: numbers may not add/multiply/divide due to rounding SOURCE: Facilities List 01-17-2017; FFMS AP data, team analysis 2019-ICLI-00048 290 Pre-DeCISIonal Proprietary and Confidential .. U.S. Immigration I and Customs I Enforcement FACILITY RATE SAVINGS PRELIMINARY Variations in contract structure make it hard to compare rates Broward Otero Krome Cibola Hall Stewart1 Facility type Included in rate Detailed jaII cost statement provided (date last updated) It is difficult to compare contracts due to the high level of variability in structure and data available 1 Guaranteed minimum and tiered rate is not included in the provided contract 11.5. Immigration nn4n lf?l arm I I 10 and Customs SOURCE: Jail cost statements; facility contracts; Facilities List (1-17-2017) gaggidential Enforcement FACILITY RATE SAVINGS PRELIMINARY may be able save - 270M through improvements in facility bed-night rate 1 Includes USMS CDF 2 Guard service and family centers included (family bed rate based on GM not ADP), excludes outsourced medical staffing, IHSC staffing, supplies 3 Excludes USMS agreements 4 Excluded USMS CDF 5 For savings come from moving bed day nights to should cost rate of 65$ to 88% with max low/high has 15%, 25% respectively NOTE: numbers are rounded SOURCE: Facilities List 01-17-2017; team analysis U.S.Immigration 2019-ICLI-00048 292 .IU and Customs Pre-Decisional Proprietary and Confidential Enforcement SHOULD COST 43* We used two approaches to develop a range of what a bed-night should cost PRELIMINARY 1 ICE facilities may drive more staffing expense. Staffing currently at 'f OpEx - may double to 2 CDF and DIGSA, includes USMS CDF 3 SPC, family and staging u. 4 excluding USMS agreements US. Immigration 293 a, 4nd cusmms 12 Enforcement SOURCE: ERO Custody Management Facility List Report, expert interviews Pre-Decisional Proprietary and Confidential SHOULD COST 0For two major vendors, ICE rates are higher than what the average customer pays ($52-64) I HIGHLY PRELIMINARY 1 CCA/CoreCivic?s and GEO's fiscal year is calendar year while ?scal year is Oct. 1St Sept. 30?h 2 Excludes USMS due to unique structure of that agreement 3 Assumes all of A I -u oget FY16 spent with GEO, per 2015 10K, to estimate non-ICE US Corrections Detention total revenue U.S. Immigration I SOURCE: Annual reports; ERO Custody Management Facility List Report; ICE budget . 294 J: and Customs Pre-DeCISIonal Proprietary and Confidential Enforcement TOP-DOWN SHOULD COST PRELIMINARY olCE is a significant and growing share of industry revenue for private detention providers and is well-positioned to negotiate with vendors . . . and, demand may grow significantly Share of industry revenue1 by Estimated ICE detention supply government customer, 2016 BOP USMS 13 Bed need may increase by upto 50K n 2017 34?FY162 FY17-FY18 State and local government ICE represents more than 20% of total industry revenue significant and growing share of industry revenue gives it a strong negotiating position 1 Private corrections/detention facilities market, total size $5.38 in 2016 2 Budgeted for ADP 2016 a. SOURCE: industry report, "Correctional Facilities in the Nov. 2016 295 Pre-Decisional Proprietary and Confidential Immigration I and Customs I Enforcement BOTTOM-UP SHOULD COST o?Should cost? estimates for detention services range from per bed-night for a 1,000 bed facility I Cibola (NM) Otero (NM) ICE Industry Cost category 1129 beds 1000 beds Best-in-class standard (WW 9 ICE best-in-class and industry standard ?should costs? both triangulate to a ?core Total?bx?? cost, 5 per OpEx Should cost" Of bed-night (1am occupancy) S-per bed-night CapEx facility Total cost, per bed-night (100% occupancy) This reflects the total cost to the vendor for services at a facility, not the price ICE pays 1 Medical staf?ng is outsourced at Cibola 2 Excludes CAPEX Margin 3 Supplies cost Note: numbers do not add up due to rounding SOURCE: Jail cost statements, Otero County financials, expert interviews .1 us. Immigration 296 andcuswms 15 Pre-Decnsuonal Proprietary and Con?dential Enforcement SHOULD COST: LABOR PRELIMINARY @Staffing cost differentials between ICE facilities are not explained by differential staffing needs Metric Cibola Otero Difference bx4> Staffing cost per bed-night Staffing cost (SM) Total FTEs Guards Other 1 2015 annual mean correction officer salary from the Bureau of Labor Statistics is for Dona Ana County (Otero) and for Cibola county . U.S. Immigration SOURCE: Jail cost statements, DOL BLS 297 _j -, and Customs I Pre-Decisional - Proprietary and Confidential Enforcement SHOULD COST: MEDICAL Medical staffing level varies between facilities of similar sizes nnAn I nno us-u .L I LU LJU Pre-DeCISIonal - Proprietary and Confidential Enforcement BOTTOM-UP SHOULD COST: FOOD Across the industry, food cost per detainee/inmate is 53-54 per day Number of Daily spend per Total market detainees/inmates detainee/ inmate SM Facility 3,270 Federal 173 3.6 State 1, 233 4 1 County 733 3 9 Private 133 3 .4 SOURCE: American Correctional Association, ASCA survey 2013, Bureau of Justice Statistiio?rgemitfraw 48 2 9 9 I 18 Pre-Decisional - Proprietary and Confidential FACILITY RATE SAVINGS @Special facilities and IGSAs both have savings opportunities IVERY PRELIMINARY We see a set of opportunities to drive savings by facility Estimated savings range Potential opportunities to explore Special facilities IGSAs SOURCE: Stakeholder interviews, GAO Report, Immigration Detention: Additional Actions Needed to Strengthen Management and Oversight of Facility Costs and Standards," Oct. 2014 F- 11.5. Immigration 2019-lCLl-00048 300 a and Customs 19 Pre-Decisional Proprietary and Confidential Enforcement UTILIZATION GOperational decisions to fill low cost beds before expensive beds PRELIMINARY can create additional savings?and inform longer-term strategy SOURCE: Facilities List 01-17-2017 . . a 0.5. Immugranon 2019-ICLI-00048 301 [g Cm 20 Pre-Decisional - Proprietary and Confidential Enforcement MINIMUMS PRELIMINARY BICE appears to have spent $160 165M in 2016 for unused beds Occupied I Unoccupied paid beds ICE appears to spend "$160 165M on unused capacity each year Guaranteed minimum shortfall Annual cost (5 M) S. Texas Ka rn es - Berks Stewart I Non-family Broward I Total I .. . . US. Immi ration SOURCE. FaCIlltles 01 17 2017 20 1 94 48 302 and cumin I Pre-Decisional Proprietary and Confidential Enforcement Contents Background on the TCO project origin, scope and objectives Opportunities to generate savings on detention spend Root causes of challenges in the procurement process Moving to action w" - U.S. Immigration 2019-ICLI-00048 303 and Customs I22 Pre-Decisional - Proprietary and Confidential Enforcement BEST PRACTICE PROCUREMENT There are four elements of best practice procurement 0 Strategic alignment i W) I I I a Category plans and process 9 Capabilities and mindsets 0 Structure and systems US. lmmi ra ion 2019-lCLl-00048 304 wdcuufm? 23 Pre-Decisional Proprietary and Confidential Enforcement Across these elements, ICE is building and applying PRELIMINARY Elements to date Strategic alignment Category plans and process Capabilities and mindsets 0 Structure and systems efforts-to-date would you add? SOURCE: Stakeholder interviews 2019-ICLI-00048 305 gauggrgastionlz Pre-Decisional - Proprietary and Confidential Enforcement GAPS Gaps in each of these four areas make it difficult for ICE to realize PRELIMINARY the full potential value from its procurements Elements Gaps to best practice (bxs); Strategic alignment Category plans and process Capabilities and mindsets Structure and systems US. immigration .. .3, and Customs I Enforcement SOURCE: Stakeholder interviews 2019-ICLI-00048 306 Pre-Decisional - Proprietary and Confidential Contents Background on the TCO project origin, scope and objectives Opportunities to generate savings on detention spend Root causes of challenges in the procurement process Moving to action - U.S. Immigration 2019-ICLI-00048 307 and Customs I26 Pre-Decisional - Proprietary and Confidential ?r Enforcement We need to make two decisions to move forward 1 (WW Moving forward, efforts should be collaborative, flexible, and iterative US. Immi ra ion 308 wdcum?m? 27 Pre-Decisional Proprietary and Confidential Enforcement From: I Sent: 12 Jun 2017 23:10:02 -0400 To: Cc: Subject: Fw: ICE Talent - strategy contract deliverable Attachments: 20170213_Ta ent strategy deliverables.pdf here was the ?rst talent management deliverable submission. McKinsey Company 1200 19th Street NW, Suite 1000 Washi Mobilda?xs); (DWXC) i Forwarded by byemwy on 06/12/2017 11:07 PM Date: 02/24/2017 11:27 AM Subject: ICE Talent - strategy contract deliverable Hi @20er Please see the deliverable attached that we discussed last week. Hope you have a wonderful weekend! Best Regards, 1200 19th St. NW, Washington. DC. 20036 (See attached ?le: 201 70213_Talent strategy deliverables.pdf) This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 2019-ICLI-00048 309 US. Immigration and Customs Enforcement Talent Management Contract Deliverable February 13, 2017 Pre-Decisiona/ Proprietar and Confidential 2019-lCLl-00048 310 PRELIMINARY Factual baseline and assessment of current talent management processes, systems and practices across levels and segments Prioritized set of gaps that must be addressed in Step Two a 11.5. Immigration and Customs I 2 Pre?Decisional Proprietary and Confidential hntmu-nu-m 311 PRELIMINARY Four components of a strong Recruiting strategy will enable ICE to identify and attract the talent it needs to achieve its mission 2 Talent Employee Value . . Candidate 0 - 0 0 :0 assessment .I Proposition outreach 4 0 Support US. Immigration and Customs I 3 Pre?Decisional Proprietary and Confidential Enforcement 312 Progress has been made to develop and execute on an end-to-end PRELIMINARY Recruiting strategy, but there is more work to be done 0 Doneacosstheagencv 0 Done in some parts 0 Not currently done 0 ?1 Talent <5 :9 Assessment Employee 9 .I I Value 0 Proposition Candidate 0 1&1 Outreach Support <3 U.S. Immigrationl and Customs Enforcement Pre-Decisional Proprietary and Confidential 313 Hiring can be slow, opaque, and burdensome for three critical stakeholders The applicant The customer The service provider (hiring manager) (OHC staff) U.S lmmigrationl and Customs Enforcement Pre-Decisional Proprietary and Confidential 314 ILLUSTRATIVE 0 Applicants wait a long time to begin their careers at ICE and have little visibility into their status during that time . . and candidates don?t know where they stand In the process SOURCE: Client time to hire data for data only captures external hires 3 glitziflr?iiml I 6 Pre-Decisional - Proprietary and Confidential Enforcement 315 ILLUSTRATIVE Hiring managers see their vacant positions grow or remain stagnant and often receive EODs lacking skills required for the job 1 Includes Technical enforcement officers, Tactical communications officers, Computer forensic Asset forfeiture specialists, and Seized property specialists us. Immigration] SOURCE: ERO HRU Dec 2016, HSI Workforce Feb 2017 and (WOW I 7 Pre-Decisional - Proprietary and Confidential Enforcement 316 9 Service center employees have mixed satisfaction OHC employees believe the work they do is critical to mission success Representative quote Percent agree1 FEVS question ?Everyone here is willing to stay late and 94% come in on weekends to get the work done because we know how important the mission is.? -OHC Laguna Supervisor but feel that they are overworked and that their skills are not utilized properly The work I do is important FEVS question Percent agree1 Representative quote ?It feels like all I can do is keep my head above water. It is impossible to get ahead? My workload is reasonable -OHC Dallas Staffer ?The amount of re-work is frustrating. I can be doing better things with my time than re-checking the same SF-52 for simple mistakes.? -OHC Laguna Staffer Pre-Decisional - Proprietary and Confidential My talents are well used 1 2016 FEVS data from OHC Dallas and Laguna 2019-lCLl-00048 317 ILLUSTRATIVE Lack of a transparent end to end case management system leads to a large amount of inbound correspondence to the service centers Several service center employees estimate that 50% of their time is spent answering candidate and customer inquiries U.S.lmmigralion 41%) and Customs I 8 "insh/ Enforcement . . . PRELIMINARY Four components of a strong Tralmng and Leadership Development strategy will enable ICE to develop talent to better achieve its mission Define . :1 . 4' Train develop Identify future 0 :0 0 II leaders leaders pathways (MM) 0 Support US. Immigration and Customs I 9 Pre?Decisional Proprietary and Confidential Enforcement 318 The current Leadership Development journey is opaque and lacks PRELIMINARY structure, resulting in a dearth of qualified leaders in the pipeline. Doneacrosstheagencv Done in some parts 0 Not currently done Challenge Progress to date Status .9 Define leadership 6 pathways Train develop 0 leaders . . . Identify future <5 leaders a ?1 Support . A US. Immigration and Customs I 10 Enforcement Pre-Decisional Proprietary and Confidential 319 PRELIMINARY Factual baseline and assessment of current talent management processes, systems and practices across levels and segments Prioritized set of gaps that must be addressed in Step Two a 11.5. Immigration and Customs I 11 Pre?Decisional Proprietary and Confidential hnlmu-nu-m 320 We will make improvements across the full employee lifecycle PRELIMINARY ICE Talent Management (was) U.S.lmmigraliun and Customs I 12 Pre-Decisional - Proprietary and Confidential Enforcement 321 Initiatives to improve ICE Recruiting PRELIMINARY Initiative to be discussed 4 on February 22 Initiative 0 Talent 39 Assessment Employee 9 ?l Value Proposition Cand'date 15571 Outreach a ?Ei Support U.S.lmmigraliun ?pig and Customs I 13 Pre?Decisional - Proprietary and Confidential Enforcement 322 The hiring system can work better and meet additional hiring needs PRELIMINARY brought on by the Executive Order Desired end state (bx5) Implement process improvements Optimize the organizational structure Improve role clarity Leverage technology US. Immigration 41%) and Customs I 14 Pre-Decisional - Proprietary and Confidential Enforcement 323 PRELIMINARY Initiatives to improve ICE Hiring and address the Executive Order Initiative to be discussed on February 22 Initiative 0 Implement process improvements Optimize the organizational structure 0 Improve role clarity Leverage technology x21: U.S.lmmigraliun and Customs I 15 Pre?Decisional - Proprietary and Confidential Enforcement 324 Potential initiatives to improve ICE Training and Leadership PRELIMINARY .--I Initiativeto be discussed - on February 22 Initiative De?ne ?1 0 E0 leadership pathways Train ?l develop leaders Identify a 1331 future leaders 0 92%, Support U.S.Immigraliun Hg and Customs I 16 Pre?Decisional - Proprietary and Confidential Enforcement 325 From: Sent: 9 Jun 2017 16:20:44 -0400 T0: Cc: Subject: FW: incremental Funding for McKinsey 192117EROLESA0033 Attachments: 192117EROLESA0033 $787,886.pdf, HSCECR-17-F-000003 Please be advised that the incremental funding is in process for McKinsey for (WW FFMS is down and budget is unable to complete the funding process until they can get back in the system. This will move forward tonight, if possible, but no later than Monday morning. Let me know if you have questions. Thanks, From? Sent: Thursday, June 8, 2017 11:12 AM To: Subject: Incremental Funding for McKinsey 192117EROLESA0033 For your review and edits. I reached out to the contracting officer on this contract to make sure that I had the funding dates correct because we are funding by task order and the contractor provided breakdown. The contract POP is 1/3/17 to 10/9/17 and task order dates we are partially funding 6/20/17-8/14/17. I have added a copy of the base contract for your file. I am using the dates provided by OAQ so that the records agree. (I got the date wrong last time). Thanksm See below BWS info: 1. Contract and Task Order Number: 2. Period of performance: 1/3/2017 to 10/09/ 17 3. Period funded by the requisition: 6/20/ 17 8/14/17 4. Description of the procurement: ERO 2.0 Task 3 Transformation Step 2a; 5. Justification of the procurement: Incremental Funding 6. Product Service Code (PSC): R799 Management Program Analyst Department of Homeland Security U. S. Immigration and Customs Enforcement Enforcement and Removal Operations (ERO) Law Enforcement Systems and Analysis (LESA) 500 12?? Street SW/Washington, DC 20536 Desk 202?607 2019-lCLl-00048 326 1. NUM BER 192117EROLESA0033 2. DATE 08-JUN-2017 3. ACTIVITY SYM BOI. See Attachm nt A REQUISITION SEE INSTRUCTIONS ON REVERSE 4. TO: ADDRESS -- mocunaJIENT SEOTION (on STOREROOM) 5. FROM: ADDRESS -- neeusuTIONEn COMPLIANCE a. RBIOVALS IM MIGRATION ANO CUSTOMES aromEM ENT I OFFICE OF ACOUSIONTION MANAGBABJT am I STREET, (hilm?lhi 202-732-- DC 20536 500 12TH ST sw MAII. STOP 5206 WASHMTON, DC 20536 US STOCK NUM ea: DESCRIPTION OF ARTICLE QUANTITY UMT COST (MAKE. MODEL. TYPE. SIZE. COLOR. MFGR. ETC) um pace mom ,1ch was ADDING FUNDING TRANSFORMATION TASK 3- STEP 2A: SUPPORT WAVE 1 EA Kb)(4) IM PLEA BTTATION AM) BULD CAPABILTTIS IN 4 WAVE 1 SITE UNFUNDED Subject to Availability of Funds Justification: ADDITIONAL FUNDING FOR ERO 2.0 MANGEVIEIT STRATEGY. POP. 1/03/2017 TO 10/09/2017. NCREWTAL FUNDING FOR POP 6/20/17 - 8/14/17. TASK 3 2A. R799 Recom ended Vendor: 562405213 COMPANY, INC. WASHI 1200 19TH ST NW SUITE 1 100 WASHINGTON, DC 20036-2412 Phone: 13. SIGNATURE OF APPROVING OFFICIAL Date 14. TITLE OF APPMVING OFFICIAL 24. SIGNATURE OF FINDING OFFICIAL Date . 25. TITLE OF mm OFFICIAL 15. SUPVY GMT 8. PROG ANAL TOTAL 787,886 00 16. KEY TO ACTION CODE . PROCIBBABIT SETION (0R SUBSTITUTE ITBJ . 2 17. DATE REBVEJ 19. PWCI-IASE ORDER 3 BACK 030m 3 ABLE To DATE MM 35:. PURCHASE.) FOR DIRET 0 0118-- As "0'05733 18. APPROVE) 1 CANCELED-STOCK EXHAUSTEJ I CETTIFY THAT ABOVE ARTICLB -- COLWNS 3, 9 AM) 12 - HAVE REVS. 20. LOCATION 21. DATE 22. SIGNATURE 23. TITLE United States Department Of Homeland Security immigration And Customs Enforcement FORM (REV. 8-1-5 Page 1 Of 3 2019-ICLI-00048 327 INSTRUCTIONS Use Form G-514 - continued on Form G-514.1 -- To requisition materials, supplies, and equipment through the Procurement section of the Regional (or Central) Office; or from a Service-operated Storeroom. Copies - Distribution Prepared by requistioner in an original and two copies, sending original (w hite) and Copy 1 (pink) to: Procurement Section (or Storeroom), and retaining Copy 2 (green). Procurement Section (or Storeroom) shall, as a rule, pack Copy 1 with shipment, or return it to requisitioner with appropriate advice. Entries g! reguisitioner: 1. Nurrber consecutively, beginning ith number one each fiscal year, and prefix ith alphabetic location and last two digits of fiscal year 9., MIA- 58- 1, MIA- 58- 2, MIA- 58- 3 etc, MIA- 59- 1, MIA- 59- 2, MIA- 59- 3, etc. .Number continuation sheets with numerical suffix(e.g., 1.1, MIA-58- 1 .2 MIA- 58- 1.,3 etc. Enter date of pre atio Enter nurnericals ol . Enter name and a - ., ection, Immigration and Naturalization Se Ice, . 5. Enter f_u l name, title, and a_tddress so that shipping label may be prepared without reference to address directory con nee is qui ner enter In litions und ?Sun 13 1e ek?'iit? 712136 Asva do? EFigmlel 3 Enter full description article, attach sketches, plans, samples, etc. If signee is other than requisitioner, enter shipping instructions. 8. Enter issue - unit quantity. 9. Enter unit of issue each, doz., C, gross, ream, lb., cw t, ton: bag, ball, bot., box, can, pkg., roll, tube; pt., qt., gal., etc.) 13. Signature of approving official. 14. Enter title of approving official. 24. Signature of funding official. 25. Enter title of funding official. By Procurement Section or Storeroom): 10. Enter unit price. 11. Enter product of Entries 8 and 10. 12. Enter of action taken. See Entry 16. 15. Enter total of amounts under Entry 11. 17. Enter date requisition received. 18. Signature of approving officer. 19. Enter, if issued, date and number of purchase order. ?y consignee: 20. Enter address - city and state. 21. Enter date shipment received. 22. Signature of employee authorized to accept delivery. 23. Enter title of receiving employee. United States Department Of Homeland Security Immigration And Customs Enforcement FORM 6-514 (REV. 8-1-5 Page 2 of 2019-ICLI-00048 328 Form G-514 REQUISITION - MATERIALS-SUPPLIES-EQUIPMENT Activity Symbols ATTACHMENT A REQUISITION NUMBER: PROJECT TASK FUND PROGRAM ORGANIZATION OBJECT UDF AMOUNT W00 TFM 31 -59- 00- 000 6525-76-00 000000 $787,866.00 UNFUNDED Subject to Availability of Funds APPROPRIATION SYMBOL CROSSWALK: FUND FY . TAS TITLE AMOUNT E1 787,866.00 United States Department Of Homeland Security And Customs Enforcement FORM 6-514 (REV. 8-1-5 Page 3 of 329 FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, so 1. REQUISITION NUMBER PAGE OF See Schedule 1 38 2. CONTRACT No. 3. 4. ORDER NUMBER EFFECTIVE DATE 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE 7. FOR a. NAME INFORMATION CALL: b. TELEPHONE NUMBER 8. OFFER DUE TIME 202-732 RIM (No collect calls) 9. ISSUED BY CODE I CE DCR ICEDETENT ION COMPLIANCE REMOVALS 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: FOR: WOMEN-OWNED SMALL BUSINESS SMALL (wosa) ELIGIBLE UNDER THE WOMEN-OWNED IMMIGRATION AND CUSTOMS ENFORCEMENT mmnmeamu .mm& OFFI CE OF ACQUI I ION MANAGEMENT BUSINESS 8 0 1 I STREET NW \s/ETE/Riigm??go SIZE STANDARD: WASHINGTON DC 20536 SMALL BUSINESS 11, DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS MARKED SEE SCHEDULE Net 30 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 14. METHOD OF SOLICITATION RFO IFB RFP 15. DELIVER TO CODE I CE ERO ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW OXOKMUXC) WASHINGTON DC 20536 16. ADMINISTERED BY CODE IICE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET WASHINGTON DC 20536 17a. OFFEROR FACILITY CODE CODE 8252293180000 MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 188. PAYMENT WILL BE MADE BY DHS ICE BURLINGTON FINANCE CENTER PO BOX 1620 ATTN ICE-OCFO-OFM-DFC WILLISTON VT 05495-1620 TELEPHONE NO. 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 183 UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF QUANTITY UNIT UNIT PRICE AMOUNT DUNS Number: 825229318 COR: <2 0 2) 7 32 Alt. COR l<202) Contracting Officer: (202) 732? Contract Specialist: (202) (Use Reverse and/orAttach Additional Sheets as Necessary) 732-- 25. ACCOUNTING AND APPROPRIATION DATA See schedule 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 608,792 .49 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212?3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. DATED . YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orpn'nt) 31c. DATE SIGNED I AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 212012) Prescribed by GSA - FAR (48 CFR) 53.212 2019-ICLI-00048 330 2 of 38 19. 20. ITEM NO. SCHEDULE OF 21 . QUANTITY 22. UNIT 23. 24 UNIT PRICE AMOUNT 7 32 I This order establishes the Task Order entitled, "Enforcement and Removal Operations Transformation 2.0" between Immigration and Customs Enforcement and McKinsey Company, Inc. Washington DC, to provide integrated consulting services. Services shall be provided in accordance with the attached Performance Work Statement and Quality Assurance Surveillance Plan as well as the Vendor's technical quote dated December 2, 2016, which is hereby incorporated by reference. All prices are in accordance with the Vendor's updated price quote dated December 12, 2016. This order is placed against the Vendor's GSA Schedule Contract and is subject to the terms and conditions of the GSA Schedule contract and the terms and conditions attached to this order. Exempt Action: Period of Performance: 01/03/2017 to 10/09/2017 1001 Transformation Task 3 Step la: Test and refine the Task 2 recommendations in one 'alpha' pilot site Fully Funded Obligation Amount: Continued 3,017,439.00 323. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED. AND CONFORMS TO THE CONTRACT. EXCEPT As NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32a. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 329. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL 38. SIR ACCOUNT NUMBER 39, SIR VOUCHER NUMBER 40. PAID BY 413. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 423. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 416- DATE 42b. RECEIVED AT (Location) 420. DATE 42d. TOTAL CONTAINERS 20194CLL00048 331 STANDARD FORM 1449 (REV. 212012) BACK REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 3 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEMNO. AMOUNT (A) (B) (C) (D) (E) (F) Incrementally Funded I Requisition No: 192117EROLESA0006 Delivery: 1 Days After Notice to Proceed Funded: 1002 Transformation Task 3 .00 Step lb: Test and refine the Task 2 recommendations in two 'beta' pilot sites Amount: ?(Option Line Item) 04/24/2017 Fully Funded Obligation Amount: mxu Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accounting Info: Funded: 1003 Transformation Task 3 .00 Step 2a: Support wave implementation and build capabilities in 4 Wave 1 sites Amount: (Option Line Item) 06/19/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accounting Info: Funded: 1004 Transformation Task 3 .00 Step 2b: Support wave implementation and build capabilities in additional 1 Wave 1 site (San Antonio) Amount: ?Option Line Item) 08/14/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: SUPPORT- MANAGEMENT: OTHER Continued NSN 7540-01-152-8067 2019-ICLI-00048 332 OPTIONAL FORM 336 (4-86) Sponsomd by GSA FAR (48 CFR) 53.110 CONTINUATION SHEET PAGE OF 4 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC HEMNO. (A) SUPPUESSERWCES (B) (C) (D) (E) AMOUNT (F) 2001 2002 3001 3002 Accounting Info: Funded: (W4) Total Cost of Ownership Procurement Strategy Step 1 Fully Funded Obligation Amount: Incrementally Funded Amount:(mM) Requisition No: 192117EROLESA0007 Delivery: 1 Days After Notice to Proceed Funded= Total Cost of Ownership Procurement Strategy Steps 2-4 Amount: (?Option Line Item) 02/23/2017 Fully Funded Obligation Amount: Product/Service Code: R799 Product/Service Description: MANAGEMENT: OTHER Accounting Info: Funded: Talent Management Strategy Step 1: Strategy Development Fully Funded Obligation Amount: Incrementally Funded Amount: Requisition No: 192117EROLESA0005 Delivery: 30 Days After Award Funded: Talent Management Strategy Step 2: Strategy Implementation Amount: 'mxm Option Line Item) 03/06/2017 Fully Funded Obligation Amount: mum Product/Service Code: R799 Continued 628,633.00 1,309,955.00 NSN 7540-01-152-8067 2019-ICLI-00048 333 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53:110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 5 38 NAME OF OF FEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Product/Service Description: SUPPORT- MANAGEMENT: OTHER Accounting Info: Funded: INVOICE PAYMENT: INVOICES MAY NOT BE SUBMITTED IN ADVANCE AND PARTIAL INVOICES WILL NOT BE ACCEPTED. PLEASE ENSURE THE FOLLOWING INSTRUCTIONS ARE FOLLOWED TO AVOID PAYMENT DELAYS DUE TO REJECTED INVOICES. The Burlington Finance Center now handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1-866-233-1915, Option 3 Contractors please use these procedures when you submit an invoice for all acquisitions emanating from and pertain to all invoices submitted. 1. Invoices shall now be submitted via one of the following three methods: a. By mail: Burlington Finance Center P.O. Box 1620 Attn: Willinston, VT 05495-1620 or b. By facsimile (fax) at: 802?288-7658 (include a cover sheet with point of contact of pages) c. By e?mail at: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Burlington Finance Center (BFC) handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1?866?233?1915, Option 3. l. Contractor Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration Continued NSN 7540-01-152-8067 334 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 6 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) prior to award and shall be notated on every invoice submitted to to ensure prompt payment provisions are met. The ICE program office identified in the delivery order/contract shall also be notated on every invoice. 2. In accordance with Contract Clauses, FAR 52.212-4 Contract Terms and Conditions, Commercial Items, the information required with each invoice submission is as follows: An invoice must include: Name and address of the Contractor; (ii) Invoice date and number; Contract number, CONTRACT LINE ITEM NUMBER (CLIN) and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232-33, Payment by Electronic Funds Transfer; Central Contractor Registration by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if Continued NSN 7540-01-152-8067 335 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 7 38 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) the Government waived the requirement to pay by EFT. Invoices without the above information may be returned for resubmission. Receiving Officer/COTR/Program Office POC: Each Program Office is responsible for acceptance and receipt of goods and/or services. Upon receipt of goods/services, complete the applicable FFMS reports or BFC will not process the payment. The total amount of award: WXM The obligation for this award is shown in box 26. NSN 7540-01-152-8067 2019-ICLI-00048 336 OPTIONAL FORM 336 (4-86) Sponsomd by GSA FAR (48 CFR) 53.110 From: Sent: 12 Jun 2017 23:08:32 -0400 To: Cc: Subject: Fw: ICE Talent - final contract deliverable Attachments: 20170612_Ta ent deliverables.vF.pdf -. as discussed, here's the final deliverable for the Talent Management Strategy. I will forward the other deliverables for your reference. I Vchinsey Company 1200 19th Street NW, Suite 1000 Washington, DC 20036 Mobile: -- Forwarded by on 06/12/2017 11:05 PM Date: 06/12/2017 10:10 PM Subject: ICE Talent - ?nal contract deliverable I hope you are doing well and surviving this heat! Attached is the final contract deliverable for the Talent Management work. It has been a pleasure working with you and the ICE team. Please let me know if there is anything else that you need. Best Regards, 1200 19th St. NW, Washington, DC. 20036 (m (See attached-file: 201 70612_Talent deliverables. vF.pq?f) This email is con?dential and may be privileged. If you have received it in error, please notify us immediately and then delete it. Please do not copy it, disclose its contents or use it for any purpose. 22:: 2019-ICLI-00048 337 US. Immigration and Customs Enforcement Talent Management Contract Deliverable June 12, 2017 Pre-Decisiona/ Proprietar and Confidential 2019-lCLl-00048 338 Contents Prioritized set of initiatives, with some initiatives piloted and adjustments made based on findings Overview of Talent Management Recruiting Hiring Leadership Development Communications materials to provide an understanding of the changes and effort . US. Immigration 4nd (lululns I 2 - Pre?Decisional Proprietary and Confidential hnf? )rccmonl 2019-ICLI-00048 339 TALENT MANAGEMENT OVERVIEW We are making improvements across the full employee lifecycle PRELIMINARY ICE Talent Management Recruiting Hiring Leadership Development Recruit the best people Hire quality Grow leaders for for tomorrow?s workforce employees quickly the next generation Organizational Health Build a culture of empowerment and trust 11.5. immigration and Customs I Pre?Decisional Proprietary and Confidential 2019-lCLl-00048 340 TALENT MANAGEMENT OVERVIEW We have the potential to drive impact across ICE Recruiting Leadership Development 061 I Pre-Decisional - Proprietary and Confidential Enforcement 341 TALENT OVERVIEW PRELIMINARY We have made progress and have work left to do Talent Management pr gress Im act to date Work left to do . mitt); (bx5) Recruiting Leadership Development I US. Immigration and Customs I 5 Pre?Decisional Proprietary and Confidential 2019-ICLI-00048 342 TALENT PRELIMINARY Commitment scenarios ICE will see different outcomes depending Fun resources ILLUSTRATIVE on the level of continued support Delayed resources I Reduced resources Notes: Current Time to Hire is 200-350 days depending on position, Current FEVS ?promotion based on merit? is 22% ?11.31 airstriirlinuu I 6 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 343 TALENT OVERVIEW ICE programs and service providers will need to convene regularly to PRELIMINARY monitor progress and provide feedback to talent management teams Working team I check-in Talent Management meeting cadence OHC check-in I Steering Committee Week 1 Week 2 Week 3 Week 4 Recruiting Leadership Development US. Immigration and Customs I 7 Pre-Decisional - Proprietary and Confidential 5" Enforcement 344 Recruiting US. Immigration and Customs I 8 Pre-Decisional - Proprietary and Confidential Enforcement 2019-ICLI-00048 345 RECRUITING Initiatives to recruit the best people for PRELIMINARY tomorrow?s workforce (1 of 2) ?Complete of In progress Notstarted Goal Actions Baseline (FY 16) Expected impact Define our needs A and identify skill gaps Articulate and communicate our value proposition US. Immigration 41%) and Customs I 9 Pre-Decisional - Proprietary and Confidential Enforcement 346 RECRUITING Initiatives to recruit the best people for PRELIMINARY tomorrow?s workforce (2 Of 2) y/Complete V7 In progress Notstarted Goal Actions Baseline (FY 16) Expected impact Find and track the most productive Support and connect our people to engage potential employees US. Immigration and Customs I 10 Pre-Decisional - Proprietary and Confidential 9" Emmcomom 347 RECRUITING The Steering Committee committed to support recruiting Initiative Steering Committee decision mm (W) Define our needs and identify skill gaps Articulate and communicate our value proposition Find and track the most productive sources l?I Support and connect our people to engage potential employees 11.5. Immigration and Customs I 11 Pre?Decisional Proprietary and Confidential 348 RECRUITING A Talent needs assessment should be informed by baseline PRELIMINARY requirements and skill gaps for each division, role, and geography Talent needs assessment US. Immigration and Customs I 12 Pre-Decisional - Proprietary and Confidential Enforcement 349 RECRUITING A Ideal candidate profiles that outline desired skills, qualities, and PRELIMINARY experiences can ensure consistency in recruiting outreach EXAMPLE DO 65-7 3.11.8.lmmigraliun I 13 i and Customs Pre-Decisional - Proprietary and Confidential 5" Enforcement 350 RECRUITING Recruiting materials should be tailored to specific desired PRELIMINARY candidate pools and informed by the Employee Value Proposition 1 I US. Immigration and Customs I 14 Pre-Decisional - Proprietary and Confidential 5" Enforcement 351 RECRUITING Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates (1 of 3) x21: US. Immigration Hg} and Customs I 15 Pre?Decisional - Proprietary and Confidential Enforcement 352 RECRUITING Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates (2 of 3) x21: US. Immigration Hg} and Customs I 16 Pre?Decisional - Proprietary and Confidential Enforcement 353 RECRUITING Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates (3 of 3) x21: US. Immigration Hg} and Customs I 17 Pre?Decisional - Proprietary and Confidential Enforcement 354 RECRUITING An increasingly competitive talent market requires large PRELIMINARY investments in recruiting to attract the best candidates US. Immigration and Customs I 18 Pre-Decisional - Proprietary and Confidential Enforcement 355 RECRUITING A significant investment in marketing resources will enable us to reach the right candidates in sufficient numbers Recommendation Marketing investment options 1 Cost bands based on steady state marketing spend plus 3-6 super one stop marketing campaigns; steady state marketing expected to be to SOS marketing is expected to be to depending on channels utilized 2 Industry benchmarks suggests that to hire 7K you need to reach potential candidates . 3 According to JobVite ?The Recruiting Funnel Deconstructed,? the average ratio of candidates reached to hires is 63:1 Rialii?ii?m" I 19 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 356 RECRUITING Recruiting efforts will need local field office involvement and support from HQ I CASE EXAMPLE: SAN ANTONIO SUPER ONE-STOP EVENT In order to meet our hiring goal, we will need to leverage traditional and virtual channels in combination with on-the-ground recruiting . 1/ US. Immigration 1 Details of Super One Stop In hiring section and Customs I 20 Pre-Decusional - Proprietary and Confldentlal Enforcement 357 RECRUITING Case example: Detroit FOD identified organizations that have candidates with the desired profiles will deploy personnel to recruiting events ICASE EXAMPLE: DETROIT FOD Source Target Organization/event Law! enforcement Military CoHeges . 11.5. Immigration .g and Customs I Pre?Decisional - Proprietary and Confidential Enforcement 2019-ICLI-00048 358 RECRUITING Dedicated skilled recruiting staff will enable us to manage a large and complex recruiting effort Recommendation Full-time staff investment options I Low (status quo) investment Medium investment High investment Roles What is delivered Additional capabilities Cost1 (Millions of dollars) Total FTEs Impact 1 Cost assumptions based on 2017 GS pay schedule . 'u 2 2013 Staffing org Corporate Recruutlng Report $33 and (1:21:53?! I 22 Pre-Decisional - Proprietary and Confidential - Enfm?comcnl 359 RECRUITING Additional field recruiters, primarily in ERO, will facilitate direct local marketing campaigns and help reach high value candidates Recommendation Field recruiter collateral duty options Minimum of recruiters per Field Office/SAC1 Total ii of ?eld recruitersz Additional needed above current Cost Impact 1 Field recruiters will be balanced proportionally across field offices depending on hiring needs 2 Assumes 88 HSI field recruiters per current state 3 Assumes 10 per month per FR officer, staff hours dedicated to calls: low: 30%, medium: 35%, high: 40% 4 Assumes 10 per month per FR officer, 2 field recruiters per event, 5 hours per event (including setup and tear down), 50% of staff U.S.lmmigraiiun hours dedicated to events 3) and (mom I 23 Pre-Decisional - Proprietary and Confidential - Enfm?comcnl 360 Hiring Pre-Decisional Proprietary and Confidential 361 . - . V?vn US. Immigration and Cuetoms Enforcement I24 HIRING Initiatives to hire quality employees quickly (1 of 2) PRELIMINARY Complete In progress Not started Goal Actions Baseline (FY 16) Expected impact Optimize and streamline processes and Customs I 25 Pre-Decisional - Proprietary and Confidential Enforcement 362 HIRING Initiatives to hire quality employees quickly (2 of 2) PRELIMINARY Complete of In progress Not started Goal Actions Baseline (FY 16) Expected impact Build an effective structure to meet customer needs Clarify roles and responsibilities amongst providers Leverage technology to drive efficiency and transparency US. immigration and Customs I 26 Pre-Decisional - Proprietary and Confidential ?i?xh/ Enforcement 363 HIRHVG The Steering Committee committed to support hiring Initiative Steering Committee commitment Optimize and streamline processes Build an effective structure to meet customer needs Clarify roles and responsibilities amongst providers Leverage technology to drive efficiency and transparency Immigration and Customs I 27 Pre?Decisional Proprietary and Confidential 20194CLL00048 364 HIRING ICE has just begun a journey to streamline hiring 17.3. .. 3 and Customs I 28 Pre-Decisional - Proprietary and Confidential 365 HIRING OHC has established a hiring SWAT team to evaluate the current PRELIMINARY hiring process and reduce time to hire US. Immigration and Customs I 29 Pre-Decisional - Proprietary and Confidential Enforcement 366 HIRING The SWAT team analyzed data from four rounds of LEO entry PRELIMINARY level hiring to identify key bottlenecks in the hiring process - Hiring process run-unn? gone? on lid-n 1 Only applies to 1811 applicants 2 Technically takes 1 day to issue cert list SOURCE: Entry level tracking spreadsheets for Cl, DO, IEA provided May 2017 Immigmm NOTE: Time to hire reported to OHS quarterly is based on all hires that EOD in a given quarter and (WOW I 30 Pre-DeCISIonal - Proprietary and Confidential 5" Enforcement 367 HIRING A variety of factors contribute to the four main bottlenecks in the PRELIMINARY hiring process . . Hirin rocess Current state time to hire - . .g . 1 Only applies to 1811 applicants 2 Technically takes 1 day to issue cert list '0 SOURCE. Entry level tracking spreadsheets for Cl, DO, IEA provnded May 2017 and (1111121152?! I 31 Pre-Decisional - Proprietary and Confidential Enforcement 368 HIRING By implementing initiatives within OHC's control, we are aiming PRELIMINARY to reduce time to hire by 30 - 50% (hundreds of days) Detaism?m'w TTH reduction Hiring process Process step bottlenecks IUI Ll Ills Ell: PUJILIUII UCJDI IPLIUII ullu JUU ball IUIISCI, 2 Only applies to 1811 applicants us. Immigration] and Customs I 32 Pre-Decisional - Proprietary and Confidential 5" Enforcement 369 HIRING OHC can execute most initiatives but has some Hasfundmg PRELIMINARY resou rce nce rta i nty ?31.72? May need additional funding Needs additional funding and Customs 55 Pre-Decisional - Proprietary and Confidential Enforcement 370 HIRING 0PM aptitude tests could significantly reduce time to hire; PRELIMINARY custom assessments could further ensure candidate quality Recommendation 1801 Example 0PM pre-employment screening tests for 18015 1 Cost assumptions based on 0PM Statement of Work for Strategic Human Resources Solutions;$20 per applicant fee; 7:1 ratio of certified applicants to hires; and projected hires of ~150 in FY17, ~850 in FY18, and ?3200 in surge, and N650 in steady state; includes ?$60-70k annually for 3. US. Immigration I 34 i and Customs Pre-Decisional - Proprietary and Confidential Enforcement 371 HIRING Medical case management will reduce time to hire PRELIMINARY by assigning ownership of individual cases to HR specialists x21: US. Immigration Hg} and Customs I 35 Pre?Decisional - Proprietary and Confidential Enforcement 372 HIRING Visual management can significantly improve the efficiency PRELIMINARY of teams x21: US. Immigration Hg} and Customs I 36 Pre?Decisional - Proprietary and Confidential Enforcement 373 HIRING Super One Stops will improve applicant experience and reduce PRELIMINARY time to hire 374 HIRING Moving the service centers to a Center of Excellence model will PRELIMINARY help OHC gain efficiencies and improve quality of service Source: McKinsey, APQC, Scott Madden survey report, AON Hewitt survey report, CBF R&l analysis US. Immigration and Customs I 38 Pre-Decisional - Proprietary and Confidential Enforcement 375 HIRING PRELIMINARY ICE can evaluate hiring approaches based on the likelihood to achieve OHC, Program and Applicant objectives FOR DISCUSSION OHC Objectives Program Objectives Applicant Objectives Are these the right set of objectives to target? 3.11.8.lmmigraliun I 39 I and Customs Pre-Decisional - Proprietary and Confidential 5" Enforcement 2019-ICLI-00048 376 HIRING PRELIMINARY ICE can hire differently on many dimensions Hiring strategy options Option 0 Option 9 Status quo Factors that influence hiring strategy Hiring strategies - examples (mm; mm 1 HSI directs assignments and ERO gives applicants 3 choice of location it?d I ,v Pre-Decisional - Proprietary and Confidential Enforcement 377 HIRING PRELIMINARY ICE can assess hiring options based on their ability to Recommended initiatives meet OHC, Program and Applicant objectives onfouowinepaees US. Immigration and Customs I 41 Pre-Decisional - Proprietary and Confidential Enforcement 378 HIRING Collaborating on initiatives with programs can cut an PRELIMINARY additional 30 - 40% off time to hire 33235355? I US. Immigration and Customs I 42 Pre-Decisional - Proprietary and Confidential 379 HIRING Each initiative can help us reduce time to hire, but we will need to PRELIMINARY address the challenges of each Recommendation 17.3. . and Customs I 43 Enforcement Pre-Decisional - Proprietary and Confidential 380 HIRING In order to grow the workforce by "1.8x, ICE will need to hire PRELIMINARY ~4.5x more employees than its previous annual high 1 Assumes 4% annual attrition US. Immigration and Customs I 44 Pre-Decisional - Proprietary and Confidential Enforcement 381 HIRING PRELIMINARY l'l 7' UPI dllu 382 Leadership Development US. Immigration 41%) and Customs I 46 Pre-Decisional - Proprietary and Confidential Enforcement 383 LEADERSHIP DEVELOPMENT Initiatives to grow leaders for the next generation (1 of 2) PRELIMINARY JComplete In progress Not started US. immigration and Customs I 47 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 384 LEADERSHIP DEVELOPMENT Initiatives to grow leaders for the next generation (2 of 2) PRELIMINARY Complete of In progress Not started Goal Actions Baseline (FY 16) Expected impact Build a pipeline of future leaders Establish a governance structure for leadership development U.S. Immigrationl and Customs Pre-Decisional - Proprietary and Confidential Enforconn nr 385 LEADERSHIP DEVELOPMENT The Steering Committee committed to support leadership development Initiative Steering Committee decision Create transparency into leadership qualities and promotions Equip leaders with the skills and capabilities to thrive 0 Build a pipeline of future leaders Establish a governance structure for leadership development 11.5. Immigration and Customs I 49 Pre?Decisional Proprietary and Confidential 2019-lCLl-00048 386 LEADERSHIP DEVELOPMENT PRELIMINARY The Leadership Development Model helps to create transparency into leadership qualities and promotions The Leadership Development Model creates a path for growth Develop desired behaviors throughout ICE Recruiting: Prospective talent is sourced and evaluated against Leadership Development Model and required capabilities On-Boarding: New employees have orientation to behavior expectations and associated actions Developing: Individualized development plans are created based on an annual assessment Training: Learning journey will provide training needed to develop leadership skills at every level Growing Leaders: succession planning and high- potential decisions incorporate the goals outlined in the Leadership Model Evaluating: Annual reviews PWP1) evaluate individual performance meeting targets) and individual goals in line with the Leadership Model 1 Leadership Development Model competencies need to replace the current PWP so individuals are reviewed on one consistent standard Immigration and Customs I 50 Pre?Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 387 LEADERSHIP DEVELOPMENT I Field interviews have affirmed the need for the Leadership PRELIMINARY Development Model and supporting tools There is an appetite for better leadership tools and skills from the field LDM concepts resonate, but need to focus on simple initiatives to take concept to action Need to set consistent and well communicated expectations for promotions If leadership is not seen living and role modeling these ideas, this will not succeed lg - SOURCE: Field interviews (DC, Baltimore, New York) 3) us Immigrationl I51 and Customs Pre-Decisional - Proprietary and Confidential Enforcenuni 2019-lCLl-00048 388 LEADERSHIP DEVELOPMENT The team recommends adopting 0PM supervisory assessments PRELIMINARY to bolster promotion transparency WHAT HAPPENS 1 Additional cost/work required to customize content 2 Includeskb)(5) I . ,3 and Customs Pre-Decisional - Proprietary and Confidential 5" Enforcement SOURCE: Source: 0PM Statement of Work, April 2017 us. Immigration I 52 389 LEADERSHIP DEVELOPMENT We have made progress with leadership training and can continue to build on our momentum Commitments Progress Plans (FY16-17) (FY17 YTD) (FY17 Q4, FY18) US. Immigration and Customs I 53 Pre-Decisional - Proprietary and Confidential 5" Enforcement 390 LEADERSHIP DEVELOPMENT Expanded training curriculum could build leadership skills required PRELIMINARY at each career stage as part of an integrated learning journey Adapt existing training Keep Add Net new training Level1 Description . Team Member Team Lead Manager 1 The ICE Leader Development Program is nested to support the Department of Homeland Security LDP and uses the leader development framework and leader develo ment com etencies identified DHS 11.5and Customs Pre?Decisional Proprietary and Confidential 391 LEADERSHIP DEVELOPMENT We can learn from Diplomatic Security?s efforts STAT DEPARTMENT CASE STUDY to build a dedicated academy 1 Net present value of total capital and recurring costs for operations maintenance, to include staffing, and recapitalization investments 2 Need to validate similarities/differences from ICE based on trainings, volume, location etc. I and Customs Enforcement GAO report: "Diplomatic Security: Options for Locating 3 Consolidated Training Facility" 115- [Immigration I 55 Pre-Decisional - Proprietary and Confidential 392 LEADERSHIP DEVELOPMENT There are multiple options for consolidating ICE training PRELIMINARY OPTIONS NOT EXHAUSTIVE . High investment Low investment Descrip- tion1 Initial invest- ent2 Ongoing cost Flexibility Quality Comple- xity Signaling for L0 1 The details of which specific training programs will be transferred to the Academy and the phasing of transitions over time have not been determined 2 The training team is in the process of calculating overall cost of options US. Immigration lg and Customs I 56 Pre-Decisional - Proprietary and Confidential Enforcement 393 LEADERSHIP DEVELOPMENT Building a culture of leadership will require support from each of us We can each talk about Why did you want to be a leader at What does it mean to be a leader at Why should others want to be leaders at How can they become leaders at . 11.5. Immigration and Customs I 57 Pre?Decisional - Proprietary and Confidential Enforcement 394 LEADERSHIP DEVELOPMENT Other federal agencies support and resource leadership development Organization People Programs PRELIMINARY Impact Dedicated Head of Leadership Development reporting directly to CHCO Associate Director of Leadership and Employee Development reporting to Director of Human Capital Associate Director for Human Resources Training and Development reporting directly to CHCO Leadership Succession Review: Comprehensive program run annually to identify and develop talent IRS University: Provides leaders with key skills development such as problem solving and decision making College of Leadership Development Program: offers courses, seminars, workshops and executive coaching led by a mix of government and external experts Leadership Academy: run as need dictates to groom leaders for SES Leadership Potential Program: 12 month program that targets high potential GS- 13/14/15 with development opportunities Pre?Decisional Proprietary and Confidential 395 candidates for every front line manager vacancy candidates for every 10 department manager vacancy 5 candidates for every executive vacancy 89/100 ?Best Places to Work? score for training and development directed to SES 0/ 75 0 of Candidate Development Program graduates enter SES within 2 years 11.8. Immigration and Customs I 58 Enforcement LEADERSHIP DEVELOPMENT To enable long-term sustainability, the team recommends three PRELIMINARY levels of governance: guidance, planning and field execution Leadership Development governance Description and purpose 3. US. Immigration I 59 and Customs Pre-Decisional - Proprietary and Confidential Enforcement 396 LEADERSHIP DEVELOPMENT l- ?he team recommends using the EELC, with an amended PRELIMINARY mandate, to set the direction for Leadership Development Recommendation Leadership Development Governance Options US. Immigration and Customs I 60 Pre-Decisional - Proprietary and Confidential 5" Enforcement 397 LEADERSHIP DEVELOPMENT PRELIMINARY ?he team recommends creating a Head of Leadership ILLUSTRATIVE Development working in conjunction with the programs Recommendation US. Immigration and Customs I 61 Pre-Decisional - Proprietary and Confidential 5" Enforcement 398 LEADERSHIP DEVELOPMENT ?he team recommends using DFODs and DSACs as the points of PRELIMINARY contact for Leadership Development in the field Recommendation Field Leadership Development Officer Role and Responsibilities 1 Collateral duty recommended 2 hours per week 3.11.8.lmmigraliun I 62 and Customs Pre-Decisional - Proprietary and Confidential 5" Enforcement 399 Objectives Prioritized set of initiatives, with some initiatives piloted and adjustments made based on findings Communications materials to provide an understanding of the changes and effort Future of Talent Management Recruiting Playbook Leadership Development toolkit 11.5. Immigration Mid I Pre?Decisional Proprietary and Confidential 2019-ICLI-00048 400 Future of Talent Management US. Immigration 11%) and Customs I 64 Pre-Decisional - Proprietary and Confidential Enforcement 401 FUTURE OF TALENT MANAGEMENT We have the potential to drive impact across ICE Recruiting Leadership Development :57 I U: Enforcement Pre-Decisional - Proprietary and Confidential 402 FUTURE OF TALENT MANAGEMENT PRELIMINARY We have made progress and have work left to do Talent Management pr gress Im act to date Work left to do Recruiting Leadership Development US. Immigration 3? and Customs I 66 Pre?Decisional Proprietary and Confidential J- Enforcement 403 FUTURE OF TALENT MANAGEMENT PRELIMINARY scenarios We will see different outcomes depending Full resources ILLUSTRATIVE on our level of continued support DG'aved resources I Reduced resources Recruiting mHirino 404 FUTURE OF TALENT MANAGEMENT We will need to convene regularly to monitor progress PRELIMINARY and provide feedback to talent management teams Working team I check-in Talent Management meeting cadence OHC check-in I Steering Committee Week 1 Week 2 Week 3 Week 4 Recruiting Leadership Development US. Immigration and Customs I 68 Pre-Decisional - Proprietary and Confidential Enforcement 405 Recruiting field playbook US. Immigration 11%) and Customs I 69 Pre-Decisional - Proprietary and Confidential Enforcement 406 RECRUITING FIELD PLAYBOOK Contents 6 Roles and responsibilities of a field recruiter a Recruiting governance and meeting a NRR marketing strategy how to create local marketing plan a High level marketing plan for $055 0 Points of contact and useful links Appendix Recruiting cheat sheet, EVPs and sample recruiting plan . 11.5. Immigration and I 70 Pre?Decisional Proprietary and Confidential 2019-lCLl-00048 407 RECRUITING FIELD PLAYBOOK A Roles and responsibilities of a field recruiter 11.5. Immigration and Customs I 71 Pre?Decisional Proprietary and Confidential 408 RECRUITING FIELD PLAYBOOK NRR and field recruiters will work hand in hand to coordinate activities across the nation x21: US. Immigration Hg} and Customs I 72 Pre?Decisional - Proprietary and Confidential Enforcement 2019-ICLI-00048 409 RECRUITING FIELD PLAYBOOK Field recruiters will focus recruiting on three target audiences: Law enforcement? ry and StUdentS Text: Activities that need to be coordinated with NRR Whatskillsand experiencearewetargetingTarget Law enforcement Military Students 3. US. Immigration I 73 i I and Customs Pre-Decisional - Proprietary and Confidential 5" Enforcement 410 RECRUITING FIELD PLAYBOOK Field recruiters have access to a variety of resources to help reach PRELIM target audiences What ICE resources and programs available to help? Target audience Law enforcement Military Students US. Immigration 43%) and Customs I 74 Pre-Decisional - Proprietary and Confidential Enforcement 411 RECRUITING FIELD PLAYBOOK In addition ICE will ensure a diverse work environment IPRELIMINARY Text: Activities that need to be coordinated with NRR Core message for potential candidates: Inclusion and diversity are central to mission We need people with different perspectives and backgrounds that represent the country we serve commitment to fostering diversity and inclusion are integrated into leadership and career development, recruitment, staffing and workforce planning U.S Immigrationl Q3) and Customs I75 Enforcement Pre-Decisional Proprietary and Confidential 412 RECRUITING FIELD PLAYBOOK How to create a local marketing plan Working with NRR, determine what audiences to target in AOR veterans, students and/or law enforcement) Identify target institutions bases, schools, law enforcement orgs) Get to know key points of contact career development office, TAP coordinator) Gather information on upcoming events and create combined calendar of events; ensure you have the resources to support staff and marketing) Contact NRR to gain funding for marketing at target institutions billboards, posters, fliers) Re-evaluate plan each year to ensure you are targeting the right audiences and institutions 11.5. Immigration and Customs I 76 Pre?Decisional Proprietary and Confidential 413 RECRUITING FIELD PLAYBOOK High level marketing plan for $05 IILLUSTRATIVE Support 4 weeks before 3 weeks before 1 week before Virtual print media In person Staff required U. S. lmmigrationl and Customs 77 Pre-Decisional Proprietary and Confidential Enforcement 2019-ICLI-00048 414 RECRUITING FIELD PLAYBOOK FAQ - FlUpllElaTV-a'hu Lonnuenual 1:?qu nu Ill 415 RECRUITING FIELD PLAYBOOK Points of contact and useful links Points of contact ICE NRR Chief Recruiting Admin Useful links . 11.5. Immigration and I 79 Pre?Decisional Proprietary and Confidential 416 RECRUITING FIELD PLAYBOOK APPENDIX Cheat sheet for talking at recruiting events Build relationships Hit key messages Explain ICE programs Include information on diversity women (as appropriate) . 11.5. Immigration and Customs I 80 Pre?Decisional Proprietary and Confidential 2019-ICLI-00048 417 RECRUITING FIELD PLAYBOOK APPENDIX Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates US. Immigration and Customs I 81 Pre-Decisional - Proprietary and Confidential Enforcement 418 RECRUITING FIELD PLAYBOOK APPENDIX Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates US. Immigration and Customs I 82 Pre-Decisional - Proprietary and Confidential Enforcement 419 RECRUITING FIELD PLAYBOOK APPENDIX Employee Value Propositions can help field recruiters create a compelling pitch to potential candidates US. Immigration and Customs I 83 Pre-Decisional - Proprietary and Confidential Enforcement 420 RECRUITING FIELD PLAYBOOK APPENDIX Example: Detroit Recruiting Plan ICASE EXAMPLE: DETROIT FOD Source Target Organization/event Law enforcement Military CoHeges 11.8. Immigraliun and Customs I 84 Pre?Decisional - Proprietary and Confidential Enforcement 2019-ICLI-00048 421 Leadership Development toolkit US. immigration and Customs I 85 Pre-Decisional - Proprietary and Confidential Enforcement 422 LEADERSHIP DEVELOPMENT TOOLKIT Introduction to the leadership development toolkit What is the leadership development toolkit? bx4); (mas) Enfm?comcnl US. Immigration and Customs I 86 Pre-Decisional - Proprietary and Confidential 423 LEADERSHIP DEVELOPMENT TOOLKIT Contents Chapter 1: The case for change Chapter 2: The Leadership Development Model Chapter 3: Leadership coaching conversations program Chapter 4: Leadership field training exercise Chapter 5: Leadership self-assessment U.S.lmmigraiiun and Customs I 87 Pre-Decisional - Proprietary and Confidential 5" Enforcement 2019-lCLl-00048 424 LEADERSHIP DEVELOPMENT TOOLKIT Chapter 1. The case for change Introduction to the Chapter Building excitement and momentum around being a leader at ICE will require regular, clear and consistent communication of your personal leadership story why now?, the overarching vision). This chapter provides some things for you to consider as you tell your own story How to use this material Help build a consistent narrative to tell Weave in your personal touch start communications with an important inflection point in your career where a leader or mentor helped change the trajectory of your career) a 11.5. Immigration and Customs I 88 Pre?Decisional Proprietary and Confidential hntmu-nu-m 2019-lCLl-00048 425 LEADERSHIP DEVELOPMENT TOOLKIT What is the case for change? THE CURRENT SITUATION THE VISION Pre?Decisional Proprietary and Confidential 426 11.5. Immigraliun and Customs I LEADERSHIP DEVELOPMENT TOOLKIT How will we get there? How will we achieve this vision? What could success look like? . 11.5. Immigration and Customs I 90 Pre?Decisional Proprietary and Confidential 427 LEADERSHIP DEVELOPMENT TOOLKIT Everyone in ICE has a role What you can do How you can expect to be supported 11.5. Immigration and Customs I 91 Pre?Decisional Proprietary and Confidential 428 LEADERSHIP DEVELOPMENT TOOLKIT Contents Chapter 1: The case for change Chapter 2: The Leadership Development Model Chapter 3: Leadership coaching conversations program Chapter 4: Leadership field training exercise Chapter 5: Leadership self-assessment U.S.lmmigraliun and Customs I 92 Pre-Decisional - Proprietary and Confidential Enforcement 429 LEADERSHIP DEVELOPMENT TOOLKIT Chapter 2. The Leadership Development Model U.S.lmmigraliun and Customs I 93 Pre-Decisional - Proprietary and Confidential 5" Enforcement 430 LEADERSHIP DEVELOPMENT TOOLKIT The Leadership Development Model has four main components Leadership Development Model roadmap Competencies Goals within competencies) Development trajectories for each goal) Position mapping to trajectories) Pre?Decisional - Proprietary and Confidential 431 11.8. Immigration and Customs Enforcement I94 LEADERSHIP DEVELOPMENT TOOLKIT ICE Leadership Development Model US. Immigration and Customs I 95 Pre-Decisional - Proprietary and Confidential Enforcement 432 LEADERSHIP DEVELOPMENT TOOLKIT ICE Leadership Development Model . PRELIMINARY Competency Goal Behaviors Core . 11.5. Immigration and Customs I 96 Pre?Decisional Proprietary and Confidential 433 LEADERSHIP DEVELOPMENT TOOLKIT ICE Leadership Development Model PRELIMINARY Competency Goal Behaviors . 11.5. Immigration and Customs I 97 Pre?Decisional - Proprietary and Confidential Enforcement 434 LEADING CHANGE 0 Establishes an organizational vision and to implement it in a continuously anging environment Executive Mana er Team member Team lead Creativity and innovatio Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U-S-Immi raiion I g, and Custo?ns I 98 Pre-Decisional Proprietary and Confidential Enforcement 435 LEADING CHANGE Establishes an organizational vision and to implement it in a continuously anging environment Manager Executive Team member Team lead External awareness Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor ?1m? 8 g! and Custogns I99 Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 436 LEADING CHANGE 0 Establishes an organizational vision and to implement it in a continuously anging environment Executive Mana er Team member Team lead Flexibility Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U-S-Immi raiion I g, and Custo?ns I 100 Pre-Decisional Proprietary and Confidential Enforcement 437 LEADING CHANGE 0 Establishes an organizational vision and to implement it in a continuously anging environment Manager Executive Team member Team lead Resilience Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U-S-Immi raiion I g, and Custo?ns I 101 Pre-Decisional Proprietary and Confidential Enforcement 438 LEADING CHANGE 0 Establishes an organizational vision and to implement it in a continuously anging environment Executive Mana er Team member Team lead Strategic thinking Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U-S-Immi raiion I g, and Custo?ns I 102 Pre-Decisional Proprietary and Confidential "w Enforcement 439 LEADING CHANGE 0 Establishes an organizational vision and to implement it in a continuously anging environment Manager Executive Team member Team lead Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U-S-Immi raiion I g, and Custo?ns I 103 Pre-Decisional Proprietary and Confidential Enforcement 440 ICE Leadership Development Model PRELIMINARY Competency Goal Behaviors (mm; Leading People U.S.lmmigraliun and Customs I 104 Pre-Decisional - Proprietary and Confidential 5" Enforcement 441 LEADING PEOPLE Provides an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts Executive Team lead Manager Team member Conflict Management rvi U-S-Immiration sca so ep 03 a s,e poyees ays es(eg ea be ectto supe so) l105 Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 442 LEADING PEOPLE Provides an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts Executive Team lead Manager Team member Leveraging Diversity Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U.S.Immi ration g, and Custogns I 106 Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 443 LEADING PEOPLE Provides an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts Executive Team lead Manager Team member Developing Others Disclaimer: In some ro rams em lo ees ma ski levels e. . Team member direct to su ervisor U.S.Immi ration g, and Custogns I 107 Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 444 LEADING PEOPLE Provides an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts Team member Team lead Team Building rvi U-S-Immiration sca so ep 03 a s,e poyees ays es(eg ea be ect to supe so) and l103 Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 445 ICE Leadership Development Model Competency Goal Behaviors Results Driven a; US. Immigration and Customs I 9 Enforcement Pre-Decisional Proprietary and Confidential 446 RESULTS DRIVEN Make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks Manager Executive Team member Team lead Accountability Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 110 Pre-Decisional Proprietary and Confidential 5 Enforcement 2019-ICLI-00048 447 RESULTS DRIVEN Make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks Manager Executive Team member Team lead Customer service Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 111 Pre-Decisional Proprietary and Confidential 5 Enforcement 2019-ICLI-00048 448 RESULTS DRIVEN Make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks Manager Executive Team member Team lead Decisiveness Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 112 Pre-Decisional Proprietary and Confidential 5 Enforcement 2019-ICLI-00048 449 RESULTS DRIVEN Make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks Manager Executive Team member Team lead Problem solving (OX5) Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 113 Pre-Decisional Proprietary and Confidential 5 Enforcement 2019-ICLI-00048 450 RESULTS DRIVEN Make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks Manager Executive Team member Team lead Technical credibility Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 114 Pre-Decisional Proprietary and Confidential 5 Enforcement 2019-ICLI-00048 451 ICE Leadership Development Model PRELIMINARY Competency Goal Behaviors (bx4); (bxs) Business Acumen US. Immigration we, and Customs I 115 Enforcement Pre-Decisional Proprietary and Confidential 2019-ICLI-00048 452 BUSINESS ACUMEN Manages human, financial, and information resources strategically Executive Mana er Team member Team lead 3 Financial Management Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) US. Immigration (3) and Customs I 116 Pre-Decisional Proprietary and Confidential Enforcement 453 BUSINESS ACUMEN Manages human, financial, and information resources strategically Executive Team lead a ager Team member Human Capital Manage ent Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 117 . an us oms Pre-Decisional Proprietary and Confidential Enforcement 454 BUSINESS ACUMEN Manages human, financial, and information resources strategically Manager Executive Team member Team lead Technology Managemen Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) U'ii Icmntiigration 118 a an us oms Pre-Decisional Proprietary and Confidential Enforcement 455 ICE Leadership Development Model PRELIMINARY Competency Goal Behaviors womm> Building Coalitions U.S.lmmigraliun and Customs I 119 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 456 BUILDING COALITIONS Builds coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals Manager Executive Team member Team lead Influencing negotiating Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) I120 Pre-Decisional Proprietary and Confidential Enforcement 457 BUILDING COALITIONS Builds coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals (mm; ?mm a; US. Immigration and Customs I 121 Enforcement Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) Pre-Decisional Proprietary and Confidential 2019-lCLl-00048 458 BUILDING COALITIONS Builds coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals 5 Disclaimer: In some programs, employees may skip levels Team member direct to supervisor) 3% 131325;?? I 122 ?1 I Pre-Decisional Proprietary and Confidential Enforcement 2019-lCLl-00048 459 LEADERSHIP DEVELOPMENT TOOLKIT The ICE Leadership Development Model maps to the five levels DHS has identified in the career trajectory TITTLES NOT ALL INCLUSIVE Executive Mana er Team member Team lead U.S Immigrationl Q3) and Cuetoms 123 Enforcement Pre-Decisional Proprietary and Confidential 460 LEADERSHIP DEVELOPMENT TOOLKIT The ICE Leadership Development Model maps to the five levels DHS has identified in the career trajectory TITTLES NOT ALL INCLUSIVE Executive Mana er Team member Team lead U.S Immigrationl Q3) and Cuetoms 124 Pre-Decisional Proprietary and Confidential Enforcement 461 LEADERSHIP DEVELOPMENT TOOLKIT Contents Chapter 1: The case for change Chapter 2: The Leadership Development Model Chapter 3: Leadership coaching conversations program Chapter 4: Leadership field training exercise Chapter 5: Leadership self-assessment U.S.lmmigraliun and Customs I 125 Pre-Decisional - Proprietary and Confidential Enforcement 2019-lCLl-00048 462 LEADERSHIP DEVELOPMENT TOOLKIT Chapter 3. Leadership coaching conversations U.S.hnmigraliun and Cusmme I 126 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 463 LEADERSHIP DEVELOPMENT TOOLKIT The success of the leadership coaching program will depend on each of us taking action Guiding principles Suggested actions (quarter/y) U.S Immigrationl Q3) and Customs 127 Enforcement Pre-Decisional Proprietary and Confidential 464 LEADERSHIP DEVELOPMENT TOOLKIT Coaching worksheet Coachee name: Coach: Date I What are your 1, 3 and 5 year career goals? 1 year: 3 year: 5 year: Using the LDM, identify your 3 most important areas of strength that will help you achieve your goals? 1. 2. 3. What are the specific and actionable steps you will take in the next 6 months to build on those 1. 2. 3. Using the LDM, identify your 3 most important development areas that you have to address to achieve your goals? 1. 2. 3. What are the specific and actionable steps you will take in the next 6 months address those development areas? 1. 2. 3. Pre-Decisional Proprietary and Confidential a; U.S.lmmigration and Customs I 128 Enforcement 465 DEVELQEMENOT TOOLKIT Coaching gunde Coachee questions for coach to help conversation LDM competencies and associated goals1 1 Reference LDM for more detailed descriptions 33% 129 Pre-Decisional Proprietary and Confidential Enforcement 2019-ICLI-00048 466 LEADERSHIP DEVELOPMENT TOOLKIT Additional coaching questions Questions to facilitate coaching conversation 1 SMART: Specific, Measurable, Attainable, Relevant and Timely 23% 130 Pre-Decisional Proprietary and Confidential Enforcement 2019-ICLI-00048 467 LEADERSHIP DEVELOPMENT TOOLKIT Contents Chapter 1: The case for change Chapter 2: The Leadership Development Model Chapter 3: Leadership coaching conversations program Chapter 4: Leadership field training exercise Chapter 5: Leadership self-assessment U.S.lmmigraiiun and Customs I 131 Pre-Decisional - Proprietary and Confidential 5" Enforcement 2019-lCLl-00048 468 LEADERSHIP DEVELOPMENT TOOLKIT Chapter 4. Leadership field training exercise U.S.hnmigraliun and Cusmme I 132 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 469 LEADERSHIP DEVELOPMENT TOOLKIT The Field Training exercise is a chance to make the Leadership Development Model come to life U.S Immigrationl Q3) and Cuetoms 133 Enforcement Pre-Decisional Proprietary and Confidential 470 LEADERSHIP DEVELOPMENT TOOLKIT Ideal speakers can speak to a specific event in their career that shaped or confirmed their leadership style 9 Example speakers: Senior leadership Military leaders and veterans ICE veterans Leaders from other federal agencies Business leaders First responders to significant events Police or Fire chiefs from 911) Historians with deep knowledge of historical event or leader Example locations: Site of famous battle Fredericksburg south of DC) Site of terrorist event 911 memorial) Pre?Decisional Proprietary and Confidential 2019-lCLl-00048 471 Ideally, the exercise is conducted at the site of the story with a first-hand account from a leader However, depending on the speaker military veteran), exercise can be conducted in field office or nearby offsite Immigration and Customs I 134 Enforcement LEADERSHIP DEVELOPMENT TOOLKIT Discussions can be structured and focused on LDM concepts 89 0 Speaker facilitator guide 0 Group discussion facilitator guide 11.8. Immigration and Customs I 135 Pre?Decisional Proprietary and Confidential 472 LEADERSHIP DEVELOPMENT TOOLKIT Suggested planning for Leadership Development field exercise Current week At risk . I In progress Done Week 3 weeks out 2 weeks out 1 week out Agenda a 11.5. lnmiigraliun and Customs I 136 Pre?Decisional Proprietary and Confidential hnimu-nu-m 473 LEADERSHIP DEVELOPMENT TOOLKIT Contents Chapter 1: The case for change Chapter 2: The Leadership Development Model Chapter 3: Leadership coaching conversations program Chapter 4: Leadership field training exercise Chapter 5: Leadership self-assessment Pre-Decisional - Proprietary and Confidential 474 ?3 US. Immigration] . and Customs Enforcement I13 7 LEADERSHIP DEVELOPMENT TOOLKIT Chapter 5. Leadership competency self-assessment U.S. hnmigraliun and Cusmme I 138 Pre-Decisional - Proprietary and Confidential Enfm?comcnl 475 LEADERSHIP DEVELOPMENT TOOLKIT How to use the tool 1 Go to to access the OPM leadership self-assessment 2 Click ?Register As A New User? and input user information as prompted 3 After receiving registration email, click link provided and complete registration process (keep note of password) From home screen complete all 6 competency modules (each should take "10-15 minutes) 5 Once all 6 modules are complete, return to home screen and print feedback report Keep feedback report in your personal files and bring to coaching session as necessary U.S.Immigration and Customs I 139 ., Enforcement Pre-Decisional Proprietary and Confidential 2019-lCLl-00048 476 LEADERSHIP DEVELOPMENT TOOLKIT Questions to consider when reviewing competency assessment report Self-assessment feedback report questions 11.8. Immigration and Customs I 140 Pre?Decisional Proprietary and Confidential 477 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 I 2 2. NO. 3. EFFECTIVE DATE P00003 See Block 16C 4. REQ. NO. 5. PROJECT NO. (Ifapplicable) 6. ISSUED BY CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 7. ADMINISTERED BY (Ifother than Item 6) CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 8. NAME AND ADDRESS OF CONTRACTOR street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 93. DATED (SEE ITEM 11) 10A. MODIFICATION OF NO. 103. DATED (SEE ITEM 13) 10/21/2015 CODE 8252293180000 FACILITYCODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received pn'or to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule 13. THIS ITEM ONLY APPLIES To MODIFICATION OF IT MODIFIEs THE NO. As DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER (Specify type of modi?cation and authorityIMPORTANT: Contractor is not. is required to sign this document and retum copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: wxmmeXC) (202) 732??moxmxn?? Alt. (202) 732 I Contracting (202) 732- The purpose of the modification is to complete the close out of this task order which was terminated for the convenience of the Government. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER Type or print) 158. 15C. DATE SIGNED GB UNITED STATES OF AMERICA 160. DATE SIGNED (Signature of person authorized to sign) (Signature of Contracting Of?cer) NSN 7540-01-152-8070 Previous edition unusable STANDARD FORM 30 (REV. 10?83) Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 478 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Exempt Action: Sensitive Award: NONE Period of Performance: 10/23/2015 to 11/23/2015 NSN 7540-01-152-8067 479 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 I 2 2. NO. 3. EFFECTIVE DATE P00002 See Block 16C 4. REQ. NO. 5. PROJECT NO. (If applicable) e. ISSUED BY CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW mmemUXCI WASHINGTON DC 2 0536 7. ADMINISTERED BY (Ifother than Item 6) CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 8. NAME AND ADDRESS OF CONTRACTOR street, county. State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 93. DATED (SEE ITEM 11) 10A. MODIFICATION OF NO. 103. DATED (SEE ITEM 13) 10/21/2015 CODE 8252293180000 FACILITYCODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule 13. THIS ITEM ONLY APPLIES To MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying otI?ice. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authority) FAR 42.708 E. IMPORTANT: Contractor is not. is required to sign this document and return copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: (202) 7324mxm1m0xc1 I Alt. COR: (202) 732?(mm Contracting Officer: (202) 732 The purpose of the modification is to close out the terminated task order. Exempt Action: Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER Type or print) 158. 15C. DATE SIGNED 168. UNITED STATES OF AMERICA 160. DATE SIGNED (Signature of person authorized to sign) (Signature of Contracting Of?cer) NSN 7540-01 -1 52-8070 STANDARD FORM 30 (REV. 10?83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 2019-ICLI-00048 480 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Period of Performance: 10/23/2015 to 10/22/2016 NSN 7540-01-152-8067 481 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53,110 FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, so 1. REQUISITION NUMBER PAGE OF 192116EROLBSA0001 1 34 2. CONTRACT No. 3. 4. ORDER NUMBER EFFECTIVE DATE HSCECR-16-F-00001 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE 7, FOR soucrmnou a. NAME b. TELEPHONE NUMBER (No collect cells) 8. OFFER DUE TIME INFORMATION CALL: 2 02-7 9. ISSUED BY 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: FOR: CODE ICEDETENT ION COMPLIANCE REMOVALS WOMEN-OWNED SMALL BUSINESS SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED IMMI GRAT I ON AND CUSTOMS EN FORCEMENT HUBZONE SMALL NAICSOFFI CE OF ACQUISITION MANAGEMENT BUSINESS 8 0 1 I STREET NW SIZE STANDARD: 3 5 . 0 WASHINGTON DC 20 . SMALL BUSINESS 11, DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS Ne 3 133. THIS CONTRACT Is A MARKED 14. METHOD OF SOLICITATION SEE SCHEDULE I I Rm 15. DELIVER TO CODE 16. ADMINISTERED BY PORTALS 1201 MARYLAND AVE SOUTH WASHINGTON DC 20024 0005 IICE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 2053 6 17a. OFFEROR FACILITY CODE CODE 8252293180000 MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 188. PAYMENT WILL BE MADE BY CODE DHS ICE BURLINGTON FINANCE CENTER PO BOX 1620 ATTN ICE-ERO-FHQ-RMD WILLISTON VT 05495-1620 TELEPHONE No. 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT To ADDRESS SHOW IN BLOCK 183 UNLESS BLOCK IS CHECKED SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM No. SCHEDULE OF QUANTITY UNIT UNIT PRICE DUNS Number: 825229318 CORAlt. COR: I (Use Reverse and/orAttach Additional Sheets as Necessary) <202) 732- WM Contracting Officer: (202) 732? This order establishes the Task Order entitled, 25. ACCOUNTING AND APPROPRIATION DATA See schedule 26. TOTAL AWARD AMOUNT (For Govt. Use Only) $4,245, 495.48 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212?3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b. ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED. 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. DATED . YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: 308. SIGNATURE OF 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type orpn'nt) 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 212012) Prescribed by GSA - FAR (48 CFR) 53.212 2019-ICLI-00048 482 2 of 34 19. ITEM NO. 20. SCHEDULE OF 21. 22. QUANTITY UNIT 23. 24 UNIT PRICE AMOUNT 0001 0002 Organizational Transformation? between Immigration and Customs Enforcement and McKinsey Company LLP, to provide integrated consulting services. Services shall be provided in accordance with the attached Statement of Work, and the Vendor?s quote dated September 8, 2015, which is hereby incorporated by reference. This order is placed under the Vendor?s GSA MOBIS Schedule Contract and is subject to the terms and conditions of the GSA Schedule contract and the terms and conditions attached to this order. Exempt Action: (MUXB Period of Performance: 10/23/2015 to 10/22/2016 Base Year Services Base Year Travel Not to Exceed $25,000.00 and to be approved by the COR (SOW 11.0) Continued OX0 4 3,517,079.57 25,000.00 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED. AND CONFORMS To THE CONTRACT. EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 326. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 329. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL 38. SIR ACCOUNT NUMBER 39, SIR VOUCHER NUMBER 40. PAID BY 41a. CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 423. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 420. DATE 42d. TOTAL CONTAINERS 201940LL00048 483 STANDARD FORM 1449 (REV. 212012) BACK PAGE OF 3 34 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. (A) QUANHTY AMOUNT (B) (C) (D) (E) (F) 0003 1001 1002 1003 2001 2002 2003 3001 Base Year Surge Not to Exceed 20% of Line Item 0001 and to be approved by the COR Option Period I Services (Option Line Item) 09/23/2016 Option Period I Travel Not to Exceed and to be approved by the COR (SOW 11.0) (Option Line Item) 09/23/2016 Option Period I Surge Not to Exceed 20% of Line Item 1001 and to be approved by the COR (Option Line Item) 09/23/2016 Option Period II Services (Option Line Item) 09/23/2017 Option Period II Travel Not to Exceed and to be approved by the COR (SOW 11.0) (Option Line Item) 09/23/2017 Option Period II Surge Not to Exceed 20% of Line Item 2001 and to be approved by the COR (Option Line Item) 09/23/2017 6?Month Option Period Services (FAR 52.217?8) (Option Line Item) 09/23/2018 Continued 703,415. 1rb)(4) 0 . 91 00 .00 .00 .00 .00 .00 .00 NSN 7540-01-152-8067 2019-ICLI-00048 484 OPTIONAL FORM 336 (4-86) Sponsomd by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 6-F-00001 4 34 NAME OF OF FEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 3002 6-Month Option Period Travel .00 Not to Exceed and to be approved by the COR (SOW 11.0) (Option Line Item) 09/21/2018 3003 6-Month Option Period Surge .00 Not to Exceed 20% of Line Item 3001 and to be approved by the COR (Option Line Item) 09/21/2018 NOTE TO ALL VENDORS.INVOICES MAY NOT BE SUBMITTED IN ADVANCE AND PARTIAL INVOICES WILL NOT BE ACCEPTED. PLEASE ENSURE THE FOLLOWING INSTRUCTIONS ARE FOLLOWED TO AVOID PAYMENT DELAYS DUE TO REJECTED INVOICES. The Burlington Finance Center now handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1-866-233-1915, Option 3 Contractors please use these procedures when you submit an invoice for all acquisitions emanating from and pertain to all invoices submitted. 1. Invoices shall now be submitted via one of the following three methods: a. By mail: Burlington Finance Center P.O. Box 1620 Attn: Willinston, VT 05495?1620 or b. By facsimile (fax) at: 802?288-7658 (include a cover sheet with point of contact of pages) c. By e?mail at: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Burlington Finance Center (BFC) handles both Continued NSN 7540-01-152-8067 485 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 5 34 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) payment submission and payment processing. The BFC customer support number for payment inquiries is: 1-866-233-1915, Option 3. l. Contractor Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to to ensure prompt payment provisions are met. The ICE program office identified in the delivery order/contract shall also be notated on every invoice. 2. In accordance with Contract Clauses, FAR 52.212-4 Contract Terms and Conditions, Commercial Items, the information required with each invoice submission is as follows: An invoice must include: Name and address of the Contractor; (ii) Invoice date and number; Contract number, CONTRACT LINE ITEM NUMBER (CLIN) and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232-33, Continued NSN 7540-01-152-8067 486 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 6 34 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Payment by Electronic Funds Transfer; Central Contractor Registration by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. Invoices without the above information may be returned for resubmission. Receiving Officer/COTR/Program Office POC: Each Program Office is responsible for acceptance and receipt of goods and/or services. Upon receipt of goods/services, complete the applicable FFMS reports or BFC will not process the payment. The total amount of award: $5,933,970.50. The obligation for this award is shown in box 26. NSN 7540-01-152-8067 487 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 US. DEPARTMENT OF HOMELAND SECURITY US. Immigration Customs Enforcement Enforcement and Removal Operations STA TEMEN OF WORK Attachment A 1 488 STATEMENT OF WORK U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ENFORCEMENT AND REMOVAL OPERATIONS ORGANIZATIONAL TRANSFORMATION 1.0 PURPOSE The purpose of this Statement of Work (SOW) is to describe the goals and objectives of the US. Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) for transforming its organization. ICE and ERO senior leadership are seeking expert, innovative consultative services to assist in developing modernized vision and strategy; communicating this vision and strategy to the workforce and the organization?s partners; creating an implementation strategy and tracking and measuring progress; and aligning the organization?s culture, personnel and systems to best support the execution of the vision. This transformation must include change management practices that coordinate and leverage existing related initiatives; training and strategic communications planning and implementation; and stakeholder engagement. 2.0 BACKGROUND ICE ERO has a broad role in the US. national and homeland security landscape. Its diverse mission includes identifying and arresting aliens who present a national security, border security, or public safety risk. ERO is also responsible for pursuing and arresting alien fugitives, housing and providing for the medical care of as many as 35,000 detainees, caring for tens of thousands of unaccompanied minors during transportation, and repatriating aliens ordered removed to their country of origin. ERO manages a large geographic footprint across the continental United States and 12 overseas locations, and coordinates with multiple federal agencies, as well as state and local law enforcement. Across all these missions, ERO must navigate a complex political terrain, changing immigration policies, and the scrutiny of internal federal government partners, state and local government and law enforcement stakeholders, and private sector advocates. ERO is currently undergoing substantial changes in its operations and business practices. These include policy changes and legislative requirements that are moving ERO in new directions. These policy changes include recent actions on immigration policy, which sets forth the Department of Homeland Security?s civil immigration enforcement priorities and the DHS Priority Enforcement Program. These changes require an adaptive workforce, and the organization?s close operational ties to partner immigration agencies require data across agencies to support and explain how the new mandates are affecting operations. Information technology initiatives are underway; ERO is implementing a sweeping single career path initiative for its law enforcement workforce; and major business process reengineering initiatives are in various phases of design and implementation. ERO requires a comprehensive, transformative vision and strategy that will integrate all existing and needed initiatives. 3.0 PERIOD OF PERFORMANCE 489 Base Period: October 23, 2015 October 22, 2016 Option Period 1: October 23, 2016 October 22, 2017 Option Period 11: October 23, 2017 October 22, 2018 4.0 CONTRACT TYPE Firm ?xed price with supplemental time and materials line items. 5.0 SCOPE OF WORK AND TASK DESCRIPTIONS This Statement of Work (SOW) de?nes the support services that ERO requires to establish a clear review, a detailed assessment, and a plan for material change and improvement of the personnel, processes, technology, and infrastructure that support new mission. The SOW also requires the creation of a unifying strategic vision that will identify opportunities for profound change and improvement and that will guide the implementation of existing and evolving efforts. The Contractor shall provide ERO with strategic consulting services to assist ICE in fundamentally changing the way ERO de?nes and communicates its vision, strategy, goals and objectives for the future; assisting in hiring, training, and fully developing a workforce consistent with the vision; and implementing the vision, strategy, goals, and objectives throughout organization. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of transformation, and establishing and tracking performance of all tasks against metrics for success. The Government requires deep expertise and experience concerning management of transformational organizational change, including, planning, communications, and change management, in a homeland security and law enforcement environment. 5.1 Task 1: Project Management Plan The contractor shall develop and submit to the Government for review a project approach and plan. Plan will describe the methodology that will be followed by the contractor, approach for completing all activities/deliverables identi?ed in this SOW, key milestones, and mitigation strategies for any perceived risks through the lifecycle of the contract. In addition, the contractor shall review and revision of the existing Plan on an annual basis to determine how budget or policy changes affect future milestones. 5.2 Task 2: Re?ne Vision and Strategy The contractor shall: 0 Review and analyze existing personnel, processes, tools and infrastructure used to accomplish ERO missions. 0 Identify impacted ERO, ICE, DHS, and other stakeholders. 0 Develop and re?ne, with assistance from ICE stakeholders, a feasible, focused, and 3 490 ?exible vision for ERO consistent with its new mission and operational needs. 0 Define, with assistance from ICE stakeholders, goals, objectives, and performance metrics to measure outcomes of updated vision and strategy. 5.3 Task 3: Assess Workforce and Assist in Aligning the Workforce to Vision and Strategy The contractor shall: 0 Assist ERO management in refreshing values within the context of the broader ICE values; examine ongoing operational workforce analyses; and assist ERO, the ICE Office of Human Capital (OHC), and other ICE program office management in completing an ERO-wide staffing model. 0 Assist ERO and OHC management in assessing and determining additional ERO workforce professionalization requirements (including, but not limited to, uniform hiring and training standards; appropriate entry qualification standards such as minimum educational standards, ?tness standards, foreign language skills; and background examination procedures for new hires in coordination with OPM guidelines); 0 Assist ERO management in developing workforce training and professional development opportunities that align the workforce to the vision and unique challenges to the ERO mission, and prepare ERO employees to meet new organizational standards and expectations; 0 Assist ERO and OHC management in developing a career progression strategy that includes minimum promotion qualification standards for positions throughout the organization. 0 Assist the OHC management in developing personnel and other human resource systems necessary to support hiring, building, and supporting a stellar workforce. 5.4 Task 4: Assess Organizational Structure and Align Operating Model to the Vision and Strategy The purpose of this task is to assist in aligning ongoing transformation efforts and consolidate them into a cohesive, overarching operating model for ERO. The contractor shall: 0 Assist with analyzing organizational structure and other ICE program office management to identify potential gaps in mission-essential and mission- supporting activities. 491 0 Assist with assessing the personnel, processes, tools and infrastructure ERO uses to identify aliens that present a public safety or national security risk and provide recommendations to improve program ef?ciency and effectiveness. 0 Provide recommendations concerning restructuring ERO programs and other ICE program office management to align with the organization?s vision, strategy, goals and objectives. 5.5 Task 5: Assess Information Technology and Data Management The contractor shall assess existing and ongoing data management and data sharing efforts within ERO and recommend improvements in order to satisfy internal and external reporting requirements. 5.6 Task 6: Provide Implementation Strategies The contractor shall create, with assistance from ICE stakeholders, an implementation plan to achieve goals and objectives. This plan shall include timelines, key milestones, the development of metrics, and tools to measure progress. 5.7 Task 7: Communications Strategy All stakeholders must recognize their roles through all stages of the transformation process. The purpose of this task is to ensure transparent, coordinated communications regarding transformation. The contractor shall: 0 In coordination with ERO, the ICE Of?ce of Public Affairs management, and other ICE program of?ce management, create plans to articulate and share vision, goals and plans with the ICE workforce and external stakeholders, including the other DHS components and headquarters, Congress, Federal, state, and local law enforcement partners, and non-govemmental organizations. 0 In support of ERO management engage internal ICE stakeholders and designated external stakeholders to ensure awareness, understanding and support of the vision and transformation steps. 0 Contribute to developing communications tools and products to effectively communicate the overarching rationale for changes and the role that individual internal and external stakeholders have in effecting that change. 5.8 Task 8: Assist with Implementation of Strategies The purpose of this task is to administratively assist in the implementation of the proposed strategies and plans. The contractor shall: 492 6.0 Draft and disseminate approved ?nal versions of policy and procedures to identi?ed personnel and distribution groups, prepare and distribute schedules, monitor implementation activities, and advise Government personnel of the status and feedback on same. Gather, consolidate, and summarize statistical reports, draft brie?ng papers, and responses to requests from DHS, Congress, the White House, and other external stakeholders. Develop agendas, presentation materials, schedule and facilitate meetings, working groups and informational sessions. Prepare brie?ngs and issue papers, studies, recommendation, responses and reports about the mission, activities, and related statistics Interact with a full range of ?eld, Headquarter ERO, ICE and DHS of?cials as appropriate Coordinate with multiple individuals and organizations to resolve problems DELIVERABLES Unless explicitly stated otherwise, ERO expects that all deliverables in the table below will be completed in the Base Year of this task order. The option years in the period of performance will be used to complete or revise any deliverables that were not completed in the Base Year due to no fault of the vendor, assist ICE with ongoing tasks and implementation, and perform additional services that are within the scope of this SOW. No. Deliverable Description Due Date 1. Kickoff Meeting Kickoff Meeting. NLT 5 business days after award 2. Draft Project Plan Draft Project Management Plan NLT 20 business days with technical activities, schedule after award for accomplishment of tasks, resource levels, and a travel and communication plan. 3. Project Plan Project Management Plan with NLT 7 business days technical activities, schedule for after vendor receives accomplishment of tasks, resource government review levels, and a travel and and comment of the communication plan. Draft Project Plan 4. Initial Report to As described under Task 2 6 weeks a?er award ERO Leadership 5. Bi Weekly Conduct bi-weekly progress Held bi-weekly for the Progress Meeting meetings with the COR. The duration of the period progress meetings will, at a of performance. minimum, discuss contractor performance, deliverables, risks and any issues relevant to meeting the requirements of the task order. 6. ERO Strategic Including requirements under Tasks 30 weeks after award 6 493 Plan to Include a 2-4 Gap Analysis 6a. Strategic Plan Review and revise existing strategic Due 30 business days Review plan to determine how budget or prior to end of Base policy changes affect all task. 6b. Strategic Plan Review and revise existing strategic Due 30 business days Review 2 plan to determine how budget or prior to end of Option policy changes affect all task. 1 7. Business Case(s) One for each investment 30 weeks after award recommendation. For IT investments this will include D102 deliverables. 8. Implementation As described under Task 6. Will 34 weeks after award Plan for Strategic include timelines and key Strategies milestones. 9. Communications As described under Task 7 34 weeks after award Plan 7.0 PERSONNEL 7.1 Key Personnel The Contractor shall provide the necessary level of professional and technical assistance to support transformation mission. Key personnel shall consist of the following: 1) Project Manager (PM). The contractor shall designate a PM who shall be responsible for management and performance of all work performed under this Task Order. 2) Alternate Project Manager (APM). The contractor shall also designate an APM who will share responsibilities with the PM. The Government will have the right to approve the PM and APM selected for this Contract. The PM shall be the primary point of contact for the Contracting Of?cer (CO) and designated Contracting Of?cer Representative (COR). The PM shall ensure contractor employees are aware of, understand, and abide by DHS (Headquarters) and ICE established rules, regulations, and safety practices. The PM shall be accessible via telephone and email between the hours of 0800 and 1730 Eastern Time, Monday through Friday with the exception of designated federal holidays. The PM shall have full authority to act for the contractor on all contract matters relating to daily operations. The PM and APM shall be able to read write, speak, and understand English ?uently, have a minimum of 5 years project management experience, have suf?cient experience to execute all project management duties and be a certified Project Management Professional (PMP) identi?ed per the Project Management Institute (PMI). Both the PM and APM should possess directly relevant experience working in organizational, transformational, 7 2019-ICLI-00048 494 and change management in challenging and evolving environments typical of immigration enforcement, homeland security, and law enforcement. Both the PM and APM should also hold a four-year degree from an accredited college/university. The Government will have the right to approve the Key Personnel selected for this Contract. These personnel will require Government approval prior to replacement: the Contractor shall submit a written notice of intent to replace the Key Personnel along with the resume of the proposed replacement(s) to the CO a minimum of ten (10) business days prior to the proposed date of change. All proposed replacement(s) shall possess quali?cations equal to or superior to those of the Key Personnel being replaced. 7.2 Additional Required Personnel The Contractor shall also propose Subject Matter Experts (SME). These experts should also possess directly relevant experience working in organizational, transformational, and change management in challenging and evolving environments typical of immigration enforcement, homeland security, and law enforcement. should also hold a four-year degree from an accredited college/university. The offerors? submissions shall include a detailed staf?ng plan including resumes for key personnel to include experience, skills, education, training, quali?cations and certi?cations. All proposed personnel shall be capable of working on-site at DHS when cleared by DHS Security to enter on duty, and are expected to work for the duration of the order. 8.0 PLACE OF PERFORMANCE Services shall be performed at various DHS locations throughout the National Capital Region, Washington, DC, and in ?eld of?ce locations to be determined during the course of the performance process. 9.0 HOURS OF OPERATION Normal on-site operations must be carried on between the hours of 0800 and 1630 local time, Monday through Friday, unless otherwise authorized by the ICE COR. 10.0 GOVERNMENT HOLIDAYS. The following Government holidays are observed by Government personnel: New Year?s Day, Martin Luther King?s Birthday, Presidential Inauguration Day (metropolitan DC area only), President?s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran?s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Government of?ces may also be closed under the following circumstances: any kind of administrative leave such as acts of God hurricanes, snow storms, tornadoes, etc.), Presidential funerals, or any other unexpected Government closures. The contractor shall not invoice labor for days when government of?ces are closed. 495 1 1.0 TRAVEL The contractor shall not be reimbursed travel and per diem to ICE sites within the Washington, DC Metropolitan Area up to a 50-mile radius of the worksite where a contractor has an of?ce. Local travel expenses within the Washington, DC Metropolitan area shall not be reimbursed (this includes parking). All travel outside the Washington, DC Metropolitan area must be approved by the COR in advance. No travel will be reimbursed without prior approval from the COR. In the event the contractor is required to travel outside of the Washington, DC Metropolitan area, the contractor will provide the COR with a completed Request for Travel Authorization at least 5 business days prior to the requested travel date. The contractor will be required to travel to ERO ?eld of?ces with visits for ef?ciency to the multiple ?eld of?ces in a single trip as determined by the ICE COR. Travel expenses will be reimbursed consistent with Federal Acquisition Regulation (FAR) 31.205-46, Travel Costs, and the substantive provisions of the Federal Travel Regulation (FTR), as applicable, and consistent with the not-to-exceed (NTE) amount speci?ed for this contract line item (CLIN). The FTRs may be located and downloaded from or 12.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT INFORMATION If the contractor is working on a Government site, the Government will provide only that property which is required to con?gure a suitable workstation, telephone, and of?ce environment for assigned on-site personnel only. All training materials, policies, procedures, timelines or other documentation, electronic work products, are the property of DHS ICE. The contractor shall not copyright, nor own exclusive rights to products developed by contractor employees for DHS ICE. Contract personnel are not allowed to meet with external vendors or suppliers and/or represent ICE at meetings dealing with any entities external to ICE without an ICE of?cial present. 13.0 INVOICING SUBMISSION OF INVOICES OR VOUCHERS FOR PAYMENT The contractor will submit an invoice to ICE on a basis based on the work completed and accepted by the Government. The contractor will submit invoices to the Burlington Finance Center (BFC) via one of the following three methods: a. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: TBD 496 b. By facsimile (fax): (include a cover sheet with point of contact and number of pages) (802) 288-7658 c. By e-mail: Invoices submitted by other than these three methods will be returned. The contractor?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration gov) prior to award and will be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program of?ce will also be notated on every invoice. Payments of invoices or vouchers will be subject to the withholding provisions (if any) stated in the task order. In the event that amounts are withheld from payment in accordance with provisions of the task order, a separate invoice for the amount withheld will be required before payment for that amount may be made. 14.0 SECURITY REQUIREMENTS GENERAL The Department of Homeland Security (DHS) has determined that performance of the tasks as described in requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following. SUITABILITY DETERMINATION 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 Of?ce of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the OPR-PSU. Contract employees are processed under the DHS Management Directive 6-8.0. The contractor shall comply with the pre-screening requirements speci?ed in the DHS Special Security Requirement Contractor Pre- Screening paragraph located in this contract, if HSAR clauses 3052.204-70, Security Requirements for Unclassi?ed Information Technology (IT) Resources; and/or 3052.204- 71, Contractor Employee Access are included in the Clause section of this contract. 10 2019-ICLI-00048 497 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: 1. Standard Form 85P, ?Questionnaire for Public Trust Positions.? Form will be submitted via (electronic Questionnaires for Investigation Processing) (2 copies) 2. FD Form 258, ?Fingerprint Card? (2 copies) 3. Foreign National Relatives or Associates Statement 4. DHS 11000-9, ?Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act? 5. Optional Form 306 Declaration for Federal Employment (applies to contractors as well) 6. 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 ?ve years old and the subject has not had a break in service of more than two years. Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Speci?c instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past ?ve years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insuf?cient background information. The use of citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS ll 498 IT systems and the information contained therein, to include, the development and or maintenance of DHS IT systems; or access to information contained in and or derived from any DHS IT system. 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 Of?ce along with other forms and instructions. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities or information, the COR will advise the Contractor that the employee shall not continue to work or to be assigned to work under the contract. The may require drug screening for probable cause at any time and/ or when the contractor independently identi?es, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DI-IS 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 noti?ed of all terminations/ resignations within ?ve days of occurrence. The Contractor will return any expired DHS issued identi?cation cards and building passes, or those of terminated employees to the COR. If an identi?cation card or building pass is not available to be returned, a report must be submitted to the COR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COR will return the identi?cation cards and building passes to the responsible ID Unit. 12 499 EMPLOYMENT ELIGIBILITY The contractor shall agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Veri?cation (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility veri?cation Program, is an Intemet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. The Contractor must agree that each employee working on this contract will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Contractor, or with this contract. The Contractor will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. SECURITY MANAGEMENT The Contractor shall appoint a senior of?cial to act as the Corporate Security Of?cer. The individual will interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all 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 Of?cer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Department of Homeland Security (DHS) operations and to the former Immigration and Naturalization Service operations (FINS). These entities are hereafter referred to as the Department. 13 500 PROVISIONS CLAUSES ATTACHMENT FEDERAL SUPPLY SCHEDULE (FSS) RFQ INTRODUCTORY LANGUAGE All clauses and provisions from the Federal Acquisition Regulation (FAR) and General Services Administration Regulation (GSAR) from the applicable FSC Group of the Multiple Award Schedule and Federal Supply Schedule Program, and the speci?c GSA Schedule contract that will be referenced on the Standard Form 1449, Block 2, are hereby incorporated by reference. The full text of any FAR, DHS and GSA clauses which are incorporated by reference may be obtained at the following URLs: FAR: DHS: GSAM: NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at 52.252-2, Clauses Incorporated by Reference? contained in the basic contract and SS RFQ Introductory Language? contained in this document. The foregoing clauses contain the lntemet address for electronic access to the full text of a clause. DHS Clauses/Provisions 3052.203-70 Instructions for Contractor Disclosure of Violations (Sept 2012) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) 3052.228-70 Insurance (Dec 2003) 3052.242-71 Dissemination of Contract Information (Dec 2003) 3052.242-72 Contracting Of?cer?s Technical Representative (Dec 2003) 3052.245-70 Government Property Reports [Deviation] (Aug 2008) FAR Clauses 52.203-6 Restrictions on Subcontractors Sales to the Government (Sept 2006) 52.203-16 Preventing Personal Conflicts of Interest (Dec 201 1) 52204-9 Personal Identity Veri?cation of Contractor Personnel (Jan 20] 1) 52245-1 Government Property (Jun 2007) 52.245-9 Use and Charges (Apr 2012) FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a ?rm ?xed price task order with supplemental time and materials line items. (End of clause) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) I4 2019-ICLI-00048 501 The Government may require continued performance of any services within the limits and at the rates speci?ed in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of?cer may exercise the option by written notice to the Contractor within the period of performance of the Task Order. (End of clause) FAR 52.217-9 OPTION T0 EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within sixty days prior to the end of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years and six months. (End of Clause) FAR 52.224?1 - PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. (End of clause) FAR 52.224?2 - PRIVACY ACT (APR 1984) The Contractor agrees to -- Comply with the Privacy Act of 1974 (the 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 contract speci?cally identi?es -- The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act noti?cation contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, 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 (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. 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 15 2019-ICLI-00048 502 an agency function, and criminal penalties may be imposed upon the of?cers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (C) (1) ?Operation of a system of records,? as used in this clause, 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 clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. (3) ?System of records on individuals,? as used in this clause, 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. (End of clause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: 1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. 16 2019-ICLI-00048 503 ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and intemet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer's request, the Contractor's employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as de?ned in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any speci?c contract if the Secretary determines that the waiver is required in the interest of national security. De?nitions. As used in this clause: Expanded Af?liated Group means an affiliated group as de?ned in section 1504(a) of the lntemal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ?more than 50 percent' for ?at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the lntemal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; l7 2019-lCLl-00048 504 (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or pro?ts interest in the domestic partnership; and (3) The expanded af?liated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded af?liated group. Person. domestic. andforeign have the meanings given such terms by paragraphs (4), and (5) of section 7701(a) of the lntemal Revenue Code of 1986, respectively. Special rules. The following de?nitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: Stock held by members of the expanded af?liated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)( l) of the Homeland Security Act, 6 U.S.C. 395(b)(l). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. Special rulefbr related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the lntemal Revenue Code of 1986) shall be treated as a partnership. Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to re?ect the present value of all equitable interests incident to the transaction, as follows: warrants; 18 2019-ICLI-00048 505 (ii) options; contracts to acquire stock; (iv) convertible debt instruments; and others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to re?ect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (0 Disclosure. The offeror under this solicitation represents that [Check one]: it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CF 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) IISAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006) The Contracting Of?cer has determined that this acquisition may give rise to a potential organizational con?ict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5-- Organizational Con?icts of Interest. The nature ofthis con?ict arises from the possibility that following the completion of or while in the process of completing this task order, the Government may decide that additional services are required to implement, supplement, or continue the services performed or being performed under this task order. The restrictions upon future contracting are as follows: (1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop speci?cations or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or ?rst-tier subcontractor under an ensuing DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Of?cer and the Contractor, suf?cient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). DHS shall not unilaterally require the Contractor to prepare such speci?cations or statements of work under this contract. (2) To the extent that the work under this contract requires access to proprietary, business con?dential, or ?nancial data of other companies, and as long as these data remain l9 2019-ICLI-00048 506 proprietary or con?dential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies. (End of clause) HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) The personnel or facilities speci?ed below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Before removing or replacing any of the speci?ed individuals or facilities, the Contractor shall notify the Contracting Of?cer, in writing, within ten (10) business days before the change becomes effective. The Contractor shall submit suf?cient information to support the proposed action and to enable the Contracting Of?cer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Of?cer approves the change. The Key Personnel under this Contract: (1) Project Manager Tony D?Emidio (2) Altemate Project Manager Tom Dohrmann (End of clause) SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ontractor?). The Contractor shall insert the substance of this clause in all subcontracts. De?nitions. As used in this clause? ?Personally Identi?able Information means information that can be used to distinguish or trace an individual?s identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a speci?c individual, such as date and place of birth, or mother?s maiden name. The de?nition of P11 is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the speci?c risk that an individual can be identi?ed. In performing this assessment, it is important for an agency to recognize that non-personally identi?able information can become personally identi?able information whenever additional information is made publicly available?in any medium and from any source?that, combined with other available information, could be used to identify an individual. P11 is a subset of sensitive information. Examples of P11 include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certi?cate/license numbers, vehicle identi?ers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identi?ers such as ?ngerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. ?Sensitive Information? is de?ned in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to 20 2019-ICLI-00048 507 be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (381), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Sensitive Information Incident? is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information. ?Sensitive Personally Identi?able Information is a subset of P11, which if lost, compromised or disclosed without authorization, could result in substantial hann, embarrassment, inconvenience, or unfairness to an individual. Some forms of PII are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver?s license or state identi?cation number, Alien Registration Numbers (A-number), ?nancial account number, and biometric identi?ers such as ?ngerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual?s name or other unique identi?er plus one or more of the following elements: (1) Truncated SSN (such as last 4 digits) (2) Date of birth (month, day, and year) (3) Citizenship or immigration status (4) Ethnic or religious af?liation (5) Sexual orientation (6) Criminal History (7) Medical Information (8) System authentication information such as mother?s maiden name, account passwords or personal identi?cation numbers (PIN) Other PII may be ?sensitive? depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive. Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at or available upon request from the Contracting Of?cer, including but not limited to: (1) DHS Management Directive 1 1042.1 Safeguarding Sensitive But Unclassi?ed (for Of?cial Use Only) Information (2) DHS Sensitive Systems Policy Directive 4300A 21 2019-ICLI-00048 508 (3) DHS 4300A Sensitive Systems Handbook and Attachments (4) DHS Security Authorization Process Guide (5) DHS Handbook for Safeguarding Sensitive Personally Identi?able Information (6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program (7) DHS Information Security Performance Plan (current ?scal year) (8) DHS Privacy Incident Handling Guidance (9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Modules accessible at (10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at (I 1) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at Handling Q/?Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required. (1) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 1042.], Safeguarding Sensitive But Unclassi?ed (For Of?cial Use Only) Information describes how Contractors must handle sensitive but unclassi?ed information. DHS uses the term OFFICIAL USE to identify sensitive but unclassi?ed information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PC II. 881, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identi?able Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01?007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program. (2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as speci?ed in the contract. (3) All Contractor employees with access to sensitive information shall execute DHS Form 1 l000-6, Department of Homeland Security Non-Disclosure Agreement (NDA). as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Of?cer?s Representative (COR) no later than two (2) days after execution of the form. (4) The Contractor?s invoicing. billing, and other recordkeeping systems maintained to support ?nancial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names. titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed. (End of clause) INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015) Applicability. This clause applies to the ontractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ?Contractor?). The Contractor shall insert the substance of this clause in all subcontracts. Security Training Requirements. 22 2019-ICLI-00048 509 1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user?s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise speci?ed, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 3 1 st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, initial training certi?cates for each Contractor and subcontractor employee shall be provided to the Contracting Of?cer?s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e-mail noti?cation not later than October 3 [st of each year. The e-mail noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS lnfonnation Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at Unless otherwise speci?ed, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually and the COR will provide noti?cation when a review is required. Privacy Training Requirements. All Contractor and subcontractor employees that will have access to Personally Identi?able Information (PII) and/or Sensitive P11 (SPII) are required to take Privacy at DHS: Protecting Personal Information before accessing PII and/or SPII. The training is accessible at Training shall be completed within thirty (30) days of contract award and be completed on an annual basis therea?er not later than October 3 1 st of each year. Any new Contractor employees assigned to the contract shall also complete the training before accessing and/or The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Initial training certi?cates for each Contractor and subcontractor employee shall be provided to the COR not later than thirty (30) days after contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e-mail noti?cation not later than October 3 1 st of each year. The email noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (End of clause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: 23 2019-ICLI-00048 510 (1) Protected Critical Infrastructure Information (PC II) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PC II Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (381), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of 881,? as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and intemet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer's request, the Contractor's employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. Before receiving access to IT resources under this contract the individual must receive a security brie?ng, which the Contracting Of?cer?s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS. The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources 24 2019-lCLl-00048 511 not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation ofthis provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved. Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access. a condition of the contract. or Government Furnished Equipment (GFE). Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department?s Chief Security Of?cer (C SO) and the Chief Information Of?cer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the C80 and the IO or their designees. In order for a waiver to be granted: I) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and (2) The waiver must be in the best interest of the Government. (1) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-US. citizens after contract award shall also be reported to the contracting of?cer. (End of clause) ICE PRO Clauses PRIV 1.2: Reporting Suspected Loss of Sensitive Pll: Contractors must report the suspected loss or compromise of Sensitive PII to ICE in a timely manner and cooperate with inquiry into the incident and efforts to remediate any harm to potential victims. 1. The Contractor must develop and include in its security plan (which is submitted to ICE) an internal system by which its employees and Subcontractors are trained to identify and report the potential loss or compromise of Sensitive PH. 2. The Contractor must report the suspected loss or compromise of Sensitive PII by its employees or Subcontractors to the ICE Security Operations Center (480-496- the Contracting Of?cer?s Representative (COR), and the Contracting Of?cer within one (1) hour of the initial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensitive PII by its employees or Subcontractors. The report must contain the following information: a. Narrative or detailed description of the events surrounding the suspected loss or compromise of infonnation. b. Date, time, and location of the incident. c. Type of information lost or compromised. d. Contractor?s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. e. Names of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses. f. Cause of the incident and whether the company?s security plan was followed and, if not, which speci?c provisions were not followed. 25 2019-lCLl-00048 512 g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. h. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modi?ed in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other Government Agency inquiries into the suspected loss or compromise of Sensitive P11. 5. At the Govemment?s discretion, Contractor employees or Subcontractor employees may be identi?ed as no longer eligible to access Sensitive or to work on that contract based on their actions related to the loss or compromise of Sensitive PII. (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible for the noti?cation of victims and the provision of victim remediation services in the event of a loss or compromise of Sensitive PII held by the ontractor, its agents, and its Subcontractors, under this contract. The victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any noti?cation that may be required to be sent to individuals whose Sensitive was lost or compromised. (End of clause PRIV 1.4: Separation Checklist for Contractor Employees: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors terminate working on the contract. The separation checklist must cover areas such as: (I) return of any Govemment- fumished equipment; (2) return or proper disposal of Sensitive PII (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor?s facilities or systems that would permit the terminated employee?s access to Sensitive PII. In the event of adverse job actions resulting in the dismissal of an employee, Subcontractor employee, or independent Contractor, the Contractor shall notify the Contract Of?cer?s Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact Contracting Of?cer, or COR with completing ICE Form 50-005/Contractor Employee Separation Clearance Checklist by returning all Government-furnished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobile devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition on Performing Work Outside a Government acility/Network/Equipment: The Contractor shall perform all tasks described in this document at authorized Government facilities and on authorized Government networks, using Govemment-fumished IT and other equipment. The Contractor is prohibited from performing these tasks at or removing Govemment-fumished information to any other facility, or on any other network or equipment. Government information shall remain within the con?nes of authorized Government facilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224-1, PRIVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRIVACY ACT (APR 1984), this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The Agency advises that the relevant system of records notices (SORNs) applicable to this Privacy Act information are as follows: Payroll, Personnel, and Time and Attendance Records 1 Immigration and Enforcement Operational Records (ENFORCE) Alien Criminal Response Information Management System 26 2019-lCLl-00048 513 Department of Homeland Security Accounts Payable System of Records Department of Homeland Security Accounts Receivable System of Records E-004: Bond Information Management System Travel Charge Card Program System of Records These SORN may be updated at any time. The most current DHS versions are publicly available at SORNs of other agencies may be accessed through the agencies? websites or by searching Dsys, the Federal Digital System of the Government Publishing Of?ce, available at (End of clause) REC: 1.1: Required DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for all employees and Subcontractors that have access to Sensitive PII as well as the creation, use, dissemination and/or destruction of Sensitive at the outset of the Subcontractor?s/employee?s work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site. The Agency may also make the training available through other means CD or online). The Contractor shall maintain copies of certi?cates as a record of compliance. The Contractor must submit an annual e-mail noti?cation to the Contracting Of?cer?s Representative that the required training has been completed for all the Contractor?s employees. (End of clause) REC 1.2: Deliverables are the Property of the US. Government: The Contractor shall treat all deliverables under the contract as the property of the US. Government for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable without the expressed permission of the Contracting Officer or Contracting Of?cer?s Representative. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not speci?cally tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or maintain any records containing any Government Agency data that are not speci?cally tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information: The Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation created as part of this contract. The Contractor must deliver suf?cient technical documentation with all data deliverables to permit the Agency to use the data. (End of clause) REC 1.5: Comply With All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Of?cer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the ?nes and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. (End of clause) 27 2019-ICLI-00048 514 REC 1.7: Contractor Must Obtain Approval Prior to Engaging Subcontractors: The Contractor is required to obtain the Contracting Of?cer's approval prior to engaging in any contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. (End of clause) 28 2019-ICLI-00048 515 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 I 3 2. NO. 3. EFFECTIVE DATE P00001 11/23/2015 4. REQ. NO. 5. PROJECT NO. (Ifapp/icab/e) 6. ISSUED BY CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 7. ADMINISTERED BY (Ifother than Item 6) CODE DCR ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON DC 20536 8. NAME AND ADDRESS OF CONTRACTOR street, county. State and ZIP Code) MCKINSEY COMPANY INC WASHINGTON DC 1200 19TH ST NW SUITE 1100 WASHINGTON DC 200362412 (X) 9A. AMENDMENT OF SOLICITATION NO. 93. DATED (SEE ITEM 11) CODE 8252293180000 FACILITYCODE 10A. MODIFICATION OF NO. 103. DATED (SEE ITEM 13) 10/21/2015 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received pn'or to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule Net Decrease: 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. CHECK ONE ORDER NO. IN ITEM 10A. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authority) FAR E. IMPORTANT: Contractor is not, is required to sign this document and retum 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 (202) Alt. I Contracting Officer- (202) I (2 02) 7 32 The purpose of the modification is to terminate this task order for the convenience of the Government and to deobligate all previously obligated funds in the amount of $4,245,495.48. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 158. (Signature of person authorized to sign) 150. DATE SIGNED 168. UNITED STATES OF AMERICA 160. DATE SIGNED (Signature of Contracting Of?cer) NSN 7540-01-152-8070 Previous edition unusable STANDARD FORM 30 (REV. 10?83) Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 516 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 3 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Exempt Action: LIST OF CHANGES: Reason for Modification Terminate for Convenience (complete or partial) Total Amount for this Modification: ID New Total Amount for this Version: New Total Amount for this Award: Obligated Amount for this Modification: New Total Obligated Amount for this Award: CHANGES FOR LINE ITEM NUMBER: 1 Quantity changed from 12 to 0 Total Amount changed from (mg) Obligated Amount for this modification: CHANGES FOR DELIVERY LOCATION: Amount changed from to CHANGES FOR ACCOUNTING CODE: Quantity changed from 12 to 0 Amount changed Ito RMMI I Percent changed from 100 to 0 CHANGES FOR LINE ITEM NUMBER: 2 Total Amount changed from to Obligated Amount for this modification: CHANGES FOR ACCOUNTING CODE: MUXB Amount changed from hm4I I tolmwm I Percent changed from 100 to 0 CHANGES FOR LINE ITEM NUMBER: 3 Total Amount Changed from I Obligated Amount for this modification: CHANGES FOR ACCOUNTING CODE: Continued NSN 7540-01 -1 52-8067 2019-ICLI-00048 517 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR I48 CFR) 53.110 CONHNUKHONSHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 3 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC WEMNO. (A) SUPPUESSERWCES (B) (C) UMT (D) (E) AMOUNT (F) 0001 0002 0003 I Amount changed from km?) Ito ?mxml Percent changed from 100 to 0 Delivery Location Code: ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW WASHINGTON DC 20536 Accounting Info: Period of Performance: 10/23/2015 to 10/22/2016 Change Item 0001 to read as follows(amount shown is the total amount): Base Year Services Change Item 0002 to read as follows(amount shown is the total amount): Base Year Travel Not to Exceed NM) and to be approved by the COR (SOW 11.0) Change Item 0003 to read as follows(amount shown is the total amount): Base Year Surge Not to Exceed 20% of Line Item 0001 and to be approved by the COR OX0 .00 .00 .00 NSN 7540-01-152-8067 201940LL00048 518 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT PAGE PAGES 1 I 2 2 N0. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REO. NO. 5. PROJECT NO applicable) 6 ISSUED BY CODE ICE 7 ADMINISTERED BY (?other than Item 6) CODE I I CE DBTENT ION COMPLIANCE REMOVALS IMMI GRAT ION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUI I ION MANAGEMENT 801 I STREET NW WASHINGTON DC 2 0536 3 NAME AND ADDRESS OF CONTRACTOR (No. met. many. State andZIP Coos) 9A. AMENDMENT OF SOLICITATION NO MCKINSEY COMPANY INC WASH INGTON DC ATTN 98 DATED (SEE ITEM 11) 1200 19TH 10A MODIFICATION OF CONTRACTIORDER NO. WASHINGTON DC 20036 1 00 4 108 DATED (SEE ITEM 13) CODE 8252293180000 FACILWYCODE 03/14/2016 11. THIS ONLY APPUES AMENDMENTS OF SOLICITATIONS I I?lhe above numbered solicitation is amended as set forth in Item 14. The how and date speci?ed for receipt oI Offers Dis extended. Uis not extended Otters must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended by one 01 the folowing methods: By completing Items 8 and 15. and returning copies at the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram includes a reierence to the solicitation and amendment numbers FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER "by virtue of this amendment you desire to change an otter atready submitted . such change may be made by telegram or Ietter. provided eadi teIegram or letter makes reference to the solicitation and this amendment? and Is received prior to the opening hour and date aged. 12 ACCOUNTING AND APPROPRIATION DATA (Ifmquired) Net Increase: $25, 000 00 See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE CONTRACTIORDER NO. A8 DESCRIBED ITEM 14. CHECK ONE A. THIs CHANGE ORDER Is ISSUED PURSUANT To. (Speafy? authority? THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM 10A. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying OM08, appropriation data, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.10369). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY D. OTHER (Specify type or mdincation and authority) IAW FAR 52.217-9 5. IMPORTANT: Contractor Dis not. Elie requ?red to sign this document and return copies to the issuing of?ce. 14 DESCRIPTION OF (Omanlzed by UCF section headings, including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 202) Alt, CORCont racting Officer: I 2 02) 7 I The purpose of this modification is to exercise Option Year I. The total amount of CLIN 2001, Option Year I, has been reduced from to in accordance with Vendor final quote dated December 12, 2016, for logical follow-on task order "Enforcement and Removal Operations Transformation Continued Exceptasprovided hereIn. all Iermaand asheretotore changed. remainsunchenged andinfullforce and affect. 15A. NAME AND TITLE OF SIGNER (Type or print) 18A. NAME AND TITLE OF CONTRACTING OFFICER (Type orprini) I Partner WI HE 15C. DATE SIGNED 163. UNITED STATES OF AMERICA 160 DATE SIGNED 3/ 22 1 7 NSN STANDARD FORM 30 (REV. 10.83) Previous edition unusmie Prescribed by GSA FAR (48 CF R) 53.243 519 CONTINUATION SHEET REFERENCE No. OF DOCUMENT BEING CONTINUED PAGE OF 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC WEMNO. (A) (B) QUANTITY UNIT (C) (D) (E) AMOUNT (F) 20001 20002 All other terms and conditions remain unchanged. Exempt Action: Sensitive Award: NONE Discount Terms: Net 30 Acc0unting Info: FOB: Destination Period of Performance: 03/21/2016 to 03/20/2018 Change Item 20001 to read as follows(amount shown is the total amount): OPTION PERIOD I CHANGE MANAGEMENT SERVICES PERIOD OF PERFORMANCE: 3/21/2017 - 3/20/2018 Funded amount: Change Item 20002 to read as follows(amount shown is the total amount): OPTION PERIOD I TRAVEL Amount: ?(Option Line Item) 04/20/2017 263,551.81 .00 NSN 7540-01-152-6087 2019-ICLI-00048 520 OPUONAL FORM 336 (4-60) Sponsored by GSA FAR (40 CFR) 53 110 1. CONTRACT ID CODE PAGE OF PAGES AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT I 2 2. NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REQ. NO. 5. PROJECT NO. (IfappIicab/e) P00006 See Block 16C 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (If other than Item 6) CODE I ICEDETENTION COMPLIANCE REMOVALS IMMIGRAT I ON AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 8 0 1 I STREET NW WASHINGTON DC 2 8. NAME AND ADDRESS OF CONTRACTOR street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASH INGTON DC ATTN 9B. DATED (SEE ITEM 11) 1200 19TH 10A. MODIFICATION OF N0. WASHINGTON DC 20036 108. DATED (SEE ITEM 13) CODE 8252293180000 03/14/2016 11. THIS ONLY APPLIES To AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) Ne 12 Decrease See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying oti?ice. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER (Specify type of modi?cation and authority) Deobligation of funds E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 (202) 732?wxm??gxc) I Alt. I Contracting Officer: (202) The purpose of this modification is to deobligate funds from CLINs 1001 and 1002 in the amount of All other terms and conditions remain unchanged. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 158. 150. DATE SIGNED 168. UNITED STATES OF AMERICA [160. DATE SIGNED 12t13t17 (Signatu: I a Ur up .3 urrmur, I NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 2019-ICLI-00048 521 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC WEMNO. (A) SUPPUESCERWCES (B) QUANTITY UNIT (C) (D) (E) AMOUNT (F) 10001 10002 Exempt Action: Sensitive Award: NONE Delivery: 30 Days After Award Discount Terms: Net 30 Delivery Location Code: ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW OXOIWUXC) WASHINGTON DC 20536 Accounting Info: FOB: Destination Period of Performance: 03/21/2016 to 03/20/2018 Change Item 10001 to read as follows(amount shown is the total amount): BASE PERIOD CHANGE MANAGEMENT SERVICES Change Item 10002 to read as follows(amount shown is the total amount): BASE PERIOD TRAVEL 3,517,031.57 48,614.97 NSN 7540-01-152-8067 2019-ICLI-00048 522 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1? CONTRACT '0 CODE PAGE PAGES 1 2 2. NO. 3. EFFECTIVE DATE 4. REQ. N0. 5. PROJECT NO. (If applicable) 1300008 See Block 16C 192118EROLESA0041 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (If other than Item 6) CODE I ICEDETENTION COMPLIANCE REMOVALS IMMIGRAT I ON AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET NW WASHINGTON NAME AND ADDRESS OF CONTRACTOR street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASH INGTON DC ATTN 93. DATED (SEE 11) 1200 19TH 10A. MODIFICATION OF N0. WASHINGTON DC 20036 108. DATED (SEE ITEM 13) CODE 8252293180000 03/14/2016 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) Ne 12 De crea See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authorityIMPORTANT: Contractor is not, is required to sign this document and retum 1 copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: (2 2 7 3 2 -Ibl(6l:(bl(7l(Cl I Al . COR IDVGIIDV7VCI Contracting (202) The purpose of this modification is to close out this task order and deobligate the remaining funds in accordance with the closeout procedures of FAR 4.804. All deliverables have been received and all invoices have been paid. With this closeout modification, the contractor hereby releases the Government from any and all liability under this award. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) (blt6l:(bl(7l(Cl I 158. 150. DATE SIGNED 168. UNITED 160. DATE SIGNED (Signature of person authorized to sign) May 30, 20 1 8 NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10?83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 523 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Funds are deobligated in the amount of $25,000. All other terms and conditions remain unchanged. Exempt Action: Sensitive Award: NONE Discount Terms: Net 30 Accounting Info: FOB: Destination Period of Performance: 03/21/2016 to 03/27/2018 Change Item 20001 to read as follows(amount shown is the total amount): 20001 OPTION PERIOD I CHANGE MANAGEMENT SERVICES 238, 551 . 81 NSN 7540-01 -1 52-8067 2019-ICLI-00048 524 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1? CONTRACT '0 CODE PAGE OF PAGES 1 I 3 2. NO. 3. EFFECTIVE DATE 4. REQ. N0. 5. PROJECT NO. (If applicable) P00007 See Block 16C 6. ISSUED BY CODE ICE DCR 7. ADMINISTERED BY (If other than Item 6) CODE I ICEDETENTION COMPLIANCE REMOVALS IMMIGRAT I ON AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 8 1 I STREET Nw WASHINGTON NAME AND ADDRESS OF CONTRACTOR street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO. MCKINSEY COMPANY INC WASH INGTON DC ATTN bli6l:(bl(7l(Cl 93- DATED (SEE ITEM 11) 1200 19TH 10A. MODIFICATION OF N0. WASHINGTON DC 20036 108. DATED (SEE ITEM 13) CODE 8252293180000 03/14/2016 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended . by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the otter submitted or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted . such change may be made by telegram or letter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce. appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modi?cation and authority) FAR 43.103(b) 5, IMPORTANT: Contractor is not. is required to sign this document and retum copies to the issuing of?ce. 14. DESCRIPTION OF (Organized by UCF section headings. including solicitation/contract subject matter where feasible.) DUNS Number: 825229318 COR: (2 02) 7 3 2 -I(bl(6)l(bl(7)(Contracting (202) 7321mxm1m0x0) I The purpose of this modification is to extend the period of performance of CLINs 2001, 2002, 2003, 3001, 3002, and 3003 at no additional cost to the Government. The period of performance for these CLINs is as follows: CLIN 2001: 3/21/2017 3/27/2018 CLIN 2002: 3/21/2017 - 3/27/2018 Continued Except as provided herein. all terms and conditions of the document referenced in Item 9 A or 10A. as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) MOXOXDKD 158. 150. DATE SIGNED 168. UNITED STAT . 160. DATE SIGNED (MOIOXDKD (Signature of person authorized to sign) (Sigma ure 0 ontrac mg icer) MarCh 20 201 8 NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10?83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53.243 20194CLL00048 525 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC HEMNO. (A) SUPPUESCERWCES (B) (C) UMT (D) (E) AMOUNT (F) CLIN 2003: 3/21/2017 3/27/2018 CLIN 3001: 3/28/2018 CLIN 3002: 3/28/2018 CLIN 3003: 3/28/2018 3/20/2019 3/20/2019 3/20/2019 All other terms and conditions remain unchanged. Exempt Action: Sensitive Award: NONE Discount Terms: Net 30 Accounting Info: 20001 20002 20003 30001 FOB: Destination Period of Performance: 03/21/2016 to 03/27/2018 Change Item 20001 to read as follows(amount shown is the total amount): OPTION PERIOD I CHANGE MANAGEMENT SERVICES PERIOD OF PERFORMANCE: 3/21/2017 - 3/27/2018 Funded amount: Change Item 20002 to read as follows(amount shown is the total amount): OPTION PERIOD I TRAVEL Amount: (Option Line Item) 04/20/2017 Change Item 20003 to read as follows(amount shown is the total amount): OPTION PERIOD I SURGE SERVICES Amount: (Option Line Item) 02/20/2017 Change Item 30001 to read as follows(amount shown is the total amount): OPTION PERIOD II CHANGE MANAGEMENT SERVICES Amount: bx? Option Line Item) 02/20/2018 Continued 263,551.81 0.00 NSN 7540-01-152-8067 2019-ICLI-00048 526 OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 3 3 NAME OF OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Change Item 30002 to read as follows(amount shown is the total amount): 30002 OPTION PERIOD II TRAVEL 0.00 Amount: ?(Option Line I tem) 02/20/2018 Change Item 30003 to read as follows(amount shown is the total amount): 30003 OPTION PERIOD II SURGE SERVICES 0.00 Amount: Option Line Item) 02/20/2018 NSN 7540-01452-8067 OPTIONAL FORM 336 (4-86) Sponsored by GSA 2019-ICLI-00048 527 FAR (48 cm 53.110 Performance Work Statement ICE ERO Change Management Services March 31, 2016 1. BACKGROUND ICE ERO has a broad role across the U.S. national and homeland security landscape. Its diverse mission includes identifying and arresting aliens who present a national security, border security, or public safety risk. ERO is also responsible for pursuing and arresting alien fugitives, housing and providing for the medical care of as many as 35,000 detainees, caring for tens of thousands of unaccompanied minors during transportation, and repatriating aliens ordered removed to their country of origin. ERO manages a large geographic footprint across the continental United States and 12 overseas locations, and coordinates with multiple federal agencies, as well as state and local law enforcement. Across all these missions, ERO must navigate a complex political terrain, changing immigration policies, and the scrutiny of internal federal government partners, state and local government and law enforcement stakeholders, and private sector advocates. ERO is under pressure to meet an evolving set of competing demands, assuming a wider law enforcement role and more highly-specialized focus areas fugitive operations), with no let-up in current mission requirements. In the face of these challenges, ERO has begun making substantial changes to its operations and business practices, including actions on immigration policy, information technology, a single career path, and business process reengineering initiatives. 2. OBJECTIVES ERO wishes to take a fresh look at the organization?s vision and strategy, fundamentally transforming the way the organization operates while boosting employee engagement and morale. Speci?cally, ERO has six objectives for this effort: 1. Complete a assessment of organization and identify critical areas for improvement in regards to workforce, organizational structure, operating model, information technology, and other relevant areas. 2. Make actionable recommendations for ERO to make tangible improvements in critical areas identi?ed. 3. Recommend performance metrics to measure outcomes for this transformational effort and achievable goals to de?ne successful outcomes. 4. Provide consulting services, as requested by ERO, through the period of performance for the purpose of evaluating the effectiveness of recommendations made by the contractor and implementation efforts by ERO. 5. Update and re?ne comprehensive vision and strategy by integrating existing and anticipated initiatives regarding immigration policy, DHS civil immigration enforcement priorities, workforce changes, operational ties with partner immigration agencies, data issues across agencies, existing information technology initiatives, and other major business process reengineering initiatives underway. 6. Provide strategies for ERO to communicate and implement the updated and re?ned vision and strategy throughout the organization and all key stakeholders. Page 1 of 5 528 3. SCOPE The scope of this PWS primarily involves the creation of a unifying strategic vision that will identify opportunities for profound change and improvement and that will guide the implementation of existing and evolving efforts. The Contractor shall provide ERO with innovative strategic consulting services to guide ICE in fundamentally changing the way ERO de?nes and communicates its vision, strategy, goals and objectives for the future. This task order will include assisting ERO with a strategy to hire, train, and fully develop a workforce consistent with the vision; and implementing the vision, strategy, goals, and objectives throughout organization. This transformation includes change management practices that coordinate and leverage existing related initiatives. This scope includes managing foreseen and unforeseen challenges, providing effective oversight and guidance to all ongoing elements of transformation, and establishing and tracking performance of all activities against metrics for success. 4. PERIOD OF PERFORMANCE Base Period: March 21, 2016 March 20, 2017 Option Period 1: March 21, 2017 March 20, 2018 Option Period 11: March 21, 2018 March 20, 2019 Option Period 111: March 21, 2020 September 20, 2020 5. TASKS AND DELIVERABLES Task 1 (Aspire): Update and re?ne mission and vision, and recommend performance metrics (Objectives 3 and 5) The contractor will update and re?ne comprehensive vision and strategy by integrating existing and anticipated initiatives (Objective 5). The contractor will also recommend performance metrics for the transformation (Objective 3). Key activities include: 0 Review and analyze existing personnel, processes, tools and infrastructure used to accomplish ERO missions Identify impacted ERO, ICE, DHS, and external stakeholders 0 Update and re?ne, with assistance from ICE stakeholders, a feasible, focused, and ?exible vision for ERO consistent with its new mission and operational needs 0 Recommend performance metrics to measure outcomes for transformational effort Deliverables: Kickoff meeting 0 Project plan 0 Updated and re?ned vision and strategy 0 Performance metrics Page 2 of 5 2019-ICLI-00048 529 Task 2 (Assess/Architect): Complete a full assessment of organization, identify critical areas for improvement, and develop actionable recommendations (Objectives 1 and 2) The contractor will complete a full assessment of organization and identify critical areas for improvement in regards to workforce, organizational structure, operating model, information technology, and other relevant areas (Objective 1). Each of the areas for gap assessment will result in tangible improvement opportunities and actionable recommendations for organizational transformation (Objective 2). Key activities include: 0 Examine any current ERO operational workforce analyses, and develop an ERO-wide staf?ng model Assess and determine additional ERO workforce skill requirements Develop workforce training and professional development opportunities Develop a career progression strategy Develop personnel and HR processes for hiring, building, and supporting a stellar workforce Assess organizational structure and other ICE program of?ce management to identify potential gaps in mission-essential and mission-supporting activities 0 Provide recommendations concerning restructuring ERO programs and other ICE program of?ce management to align with the organization?s vision, strategy, goals and objectives 0 Assess the operating model ERO uses to identify aliens that present a public safety/national security risk 0 Provide recommendations concerning restructuring ERO operating model, including programs and other ICE program of?ce management to align with the organization?s vision, strategy, goals and objectives 0 Assess data management and data sharing practices 0 Develop recommendations to ensure the right data and analysis is available to those who need it for enhancing core mission performance and meeting internal and external reporting requirements Deliverables: A full assessment of ERO's workforce, organizational structure, operating model and IT 0 Actionable recommendations to improve the effectiveness and ef?ciency of ERO's workforce, organizational structure, operating model and IT 0 Further updated and re?ned vision and strategy Task 3 (Act and Advance): Communicate, implement, and evaluate effectiveness of re?ned strategy and vision (Objectives 4 and 6) The contractor will provide strategies for ERO to communicate and implement the updated and re?ned vision and strategy throughout the organization and all key stakeholders (Objective 6). As part of this process, the contractor will also continue to support ERO in evaluating the effectiveness of recommendations and implementation efforts by ERO (Objective 4). Key activities include: 0 Launch quick wins Page 3 of 5 530 Develop the high-level implementation strategy Prioritize and sequence the key initiatives (timelines and milestones) Identify resource needs Re?ne metrics and tools to measure progress Create communications plans to articulate and share vision, goals, and plans with stakeholders Engage internal and external stakeholders to ensure awareness and support of vision and transformation Develop communications tools and products to articulate rationale for change and role of stakeholders in effecting change Codify the work performed Perform ongoing evaluation activities Deliverables: Pepe" mu V0301 Strategies to communicate and implement transformation Periodic effectiveness evaluations (one during base period and approx. every 3 months during option periods) DELIVERABLE SCHEDULE Kickoff Meeti Plan and re?ned vision and stra Performance metrics 3 I I Full assessment of ERO ization Actionable recommendations 2 and re?ned vision and stra I I Strategies to communicate and implement transformation 6 Effectiveness evaluation 4 I I Effectiveness evaluation Effectiveness evaluation Effectiveness evaluation Effectiveness evaluation I I Effectiveness evaluation Effectiveness evaluation Effectiveness evaluation Effectiveness evaluation I I Effectiveness evaluation 4 Effectiveness evaluation 4 ress meeti will occur th Page 4 of 5 hout base and 3/25/16 4/1/16 5/13/16 5/13/16 9/2/16 10/28/16 10/28/16 12/23/16 3/17/17 6/16/17 9/15/17 12/15/17 3/16/18 6/15/18 9/14/18 12/14/18 3/15/19 6/14/19 9/13/19 2019-ICLI-00048 531 Page 5 of 5 532 Quality Assurance Surveillance Plan ICE ERO Change Management Services March 31, 2016 1. INTRODUCTION This Quality Assurance Surveillance Plan has been developed to evaluate Contractor performance while implementing the Performance Work Statement (PWS). It is designed to provide an effective surveillance method for monitoring and evaluating the Contractor?s performance for the requirements listed in the PWS. The Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved. In this contract, the quality control program is the driver for service quality. The Contractor is required to develop a comprehensive program of inspections and monitoring actions. The major step to ensuring a ?self-correcting? contract is to ensure that the quality control program approved after contract award provides the measures needed to lead the Contractor to success. Once the quality control program is approved, careful application of the process and standards presented in the remainder of this document will ensure a quality program. 2. OBJECTIVE This plan provides a quality surveillance strategy for DHS ICE ERO Change Management Services. The primary intent of the plan is to provide a basis for the Contracting Of?cer?s Representative (COR) evaluation of performance quality. Oversight of Contractor performance will assure quality performance. The plan will also afford the COR and Contracting Officer (CO) a productive mechanism to preclude major de?ciencies in performance, provide input for annual contractor past performance evaluations, and make the determination for exercising of contract options. 3. PERFORMANCE INDICATORS (MEASURES). Surveillance of contractor performance will be performed by the appointed COR and the CO based on the surveillance methodologies identified in the Performance Requirements Summary (PRS). The following primary task areas of the contract will be the basis from which all surveillance will originate: 3.1 Kickoff meeting 3.2 Project plan 3.3 Updated and refined ERO vision and strategy development 3.4 Performance metric development for ICE ERO transformation 3.5 Full assessment of ERO organization 3.6 Actionable recommendations for ERO transformation 3.7 Strategies to communicate and implement ERO transformation 3.8 Effectiveness evaluations of ERO transformation Page 1 of 4 533 4. EVALUATION METHODS The COR efforts will primarily be based on veri?cation and monitoring of the Contractor?s performance. For each deliverable outlined in Section 5, the COR will work with ERO Project Leadership to complete the ?Quality Assurance Monitoring Form? (see Appendix A). This form provides a record of acceptable performance and ensures that McKinsey has met the stated objectives and/or performance standards, including cost, technical, and scheduling objectives. The COR and McKinsey?s Contract Manager will retain a copy of all completed QA surveillance forms. 5. PERFORMANCE REQUIREMENT SUMMARY The absence of any contract requirement from the PRS shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract. DHS ICE ERO CHANGE MANAGEMENT SERVCIES PERFORMANCE REQUIREMENTS SUMMARY (PRS) Work to be Performed Source of Information Performance Standards Accept- Methods of Surveillance able Quality Delivery Date Levels Kickoff Meeting Held within the stated 100% 3/25/2016 Participation and direct timeframe verbal and written feedback Objectives for meeting outlined and met Project Plan Delivered within the 100% 4/1/2016 100% Inspection The stated timeframe ERO COR shall review using the Quality Outlines key Assurance Monitoring milestones and Form objectives and roles responsibilities Updated and refined Delivered within the 100% 5/13/2016 100% Inspection The vision and strategy stated timeframe ERO COR shall review using the Quality Contain agreed-upon Assurance Monitoring elements Form Performance metrics Delivered within the 100% 5/13/2016 100% Inspection The stated timeframe ERO COR shall review using the Quality Contains agreed-upon Assurance Monitoring elements Form Full assessment of Delivered within the 100% 9/2/2016 100% Inspection The ERO organization stated timeframe ERO COR shall review using the Quality Contain agreed-upon Assurance Monitoring elements Form Actionable Delivered within the 100% 10/28/2016 100% Inspection The recommendations stated timeframe ERO COR shall review using the Quality Page 2 of 4 2019-ICLI-00048 534 Work to be Performed I Source of Information Performance Standards Accept- able Quality Levels Delivery Date Methods of Surveillance Contain agreed-upon Assurance Monitoring elements Form Updated and refined Delivered within the 100% 10/28/2016 100% Inspection The vision and strategy stated timeframe ERO COR shall review using the Quality Contain agreed-upon Assurance Monitoring elements Form Strategies to Delivered within the 100% 12/23/2016 100% Inspection The communicate and stated timeframe ERO COR shall review implement using the Quality transformation Contain agreed-upon Assurance Monitoring elements Form Effectiveness Delivered within the 100% 3/17/2017 100% Inspection - The evaluation stated timeframe ERO COR shall review using the Quality Contain agreed upon Assurance Monitoring elements Form If the deliverable is unacceptable, McKinsey will be allowed two business weeks to redress any identi?ed shortcomings in performance at no cost to ERO. The COR will coordinate and communicate with the McKinsey Project Manager and Contract Manager to resolve issues and concerns regarding marginal or unacceptable performance. The COR and Contractor shall jointly formulate tactical and long-term courses of action. Decisions regarding any changes to metrics, thresholds, or service levels will be clearly documented. Changes to service levels, procedures, and metrics will be incorporated as a contract modi?cation when necessary. Page 3 of 4 2019-ICLI-00048 535 APPENDIX A: QUALITY ASSURANCE MONITORING FORM DELIVERABLE: SURVEILLANCE METHOD: 100% Inspection LEVEL OF SURVEILLANCE: Per Deliverable ANALYSIS OF RESULTS: Performance standard Quality level The deliverables and the related interactions between CI Meets McKinsey and ERO personnel have been high quality and Standards delivered Within the tlmefrarnes outlined 1n the QASP. El Does not meet Standards Comments: PREPARED BY: DATE: Page 4 of 4 2019-ICLI-00048 536 SOUCITATIONICONTRACTIORDER FOR COMMERCIAL ITEMS 1 REOUISITION WMBER PAGE OF OFFEROR TO COMPLETE BLOCKS 1217.23.24.CONTR6CT No 3. Am A. ORDER NUMBER 5. SOLICITATION NUMSER . SOLICITATION 1 0 1 1 8 EFFECTIVE DATE ISSUE DATE 7. FOR SOUCITATION I NAME b, TELEPHONE NUMBER (No mucus) a, OFFER DUE THE INFORMATION CALLISSUED BY CODE I I CE DCR 10 THIS ACQUISITION Is UMESTRICTED OR A SET ASIDE: so FOR ICEDETENTION COMPLIANCE REMOVALS I: SMALL IMMIGRATION AND CUSTOMS ENFORCEMENT F. HuezoNE SMALL sum mos: OFFICE OF ACQUISITION MANAGEMENT 8 0 1 I STREET Nw . 5.25 smmu WASHINGTON DC 20536 11 DELIVERY FOR FOB DESTINA- 12 DISCOLNT TERMS 13b RATING TION UNLESS ROCK IS Ne 3 0 13.. THIS CONTRACT ISA MARKED RATE) ORDER UNDER :1 SEE SCHEDULE CFR 700) 14. SOLICITATION - RFO we RFP 15IDELIVERTO CODE 18 ADMINISTERED BY CODE ICE ENFORCEMENT REMOVAL IMMIGRATION AND CUSTOMS ENFORCEMENT 801 I STREET NW WASHINGTON DC 20536 ICEDETENTION COMPLIANCE REMOVALS IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ACQUISITION MANAGEMENT 801 I STREET WASHINGTON DC 20536 17. FACILITY OFFEROR I ODE MCKINSEY COMPANY INC WASHINGTON ATTN 1200 19TH ST NW SUITE 1100 WASHINGTON DC 20036 DC 181 PAYMENT WILL BE MADE BY DHS ICE BURLINGTON FINANCE CENTER PO BOX 1620 ATTN ICE-OCFO-OFM-DFC WILLISTON VT 05495-1620 TELEPHONENO 2026623338 I Z17D.CHECK IF REMITTANCE IS DIFFERENT AM) PUT SUCH ADDRESS IN OFFER 13b. SIBMIT INVOICES SHOVW IN BLOCK 18! LNLESS BLOCK ELOW ISCHECRED 23. 24. ITEM No SCHEDULE OF QUANTITY UNIT UNIT PRICE AMOUNT DUNS Number: 825229318 COR: 2 02) 7 32 - Alt. COR: I I (Use Reverse and/or Attach Additional Sheets as Necessary) I202) 732?px91 Contracting Officer: (b)(6Ijtht7IICI (202) 732 This order establishes the Task Order entitled, 25. ACCOUNTING AND APPROPRIATION DATA See schedule 2S TOTAL AWARD AMOUNT (For Govt. Use Only) 245, 495. 48 i - 27a SOLICITATION INCORPORATES av REFERENCE FAR 52212-1. 52 212-4. FAR 52 21241 AND 52 2125 ARE ATTACHED. ADDENDA ARE . ARE NOT ATTACHED 27b. ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 522125 Is ATTACHED. ADDENDA I ARE ARE NOT [?128 CONTRACTOR Is REQUIRED TO SIGN THIS DOCUMENT AND RETURN II 29 AWARD OF CONTRACT: OFFER COPIES TO ISSUING OFFICE CONTRACTOR AGREES TO FURNISH AND DELNER ALL ITEMS SET FORTH OR OTHERWSE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED DATED YOUR OFFER ON SOLICITATION (BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES IM-IICH ARE SET FORTH HEREIN. IS ACCEPTED AS TO ITEMS: 300.8IGN 31!. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30: DATE SIGNED 3mm, 30b vr' Olvl? I 31b NAME OF CONTRACTING OFFICER {Type or pant) 31c DATE SIGNED AUTHORIZED FOR LOCAL PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 212012) PmcrIbcd by OSA - FAR (48 CFR) 53.212 2019-ICLI-00048 537 2 of 20 19 ITEM NO 20 SCHEDULE OF SUPPLIESISERVICES 21. QUANTITY 22 23 24 UNIT UNIT PRICE AMOUNT 10001 10002 "Enforcement and Removal Operations Change Management Services" between Immigration and Customs Enforcement and McKinsey Company, Inc. Washington DC, to provide integrated consulting services. Services shall be provided in accordance with the draft Performance Work Statement and Quality Assurance Surveillance Plan contained in the Vendor's quote dated January 8, 2016, which are hereby incorporated by reference. This order is placed against the Vendor?s GSA Schedule Contract and is subject to the terms and conditions of the GSA Schedule contract and the terms and conditions attached to this order. Exempt Action: Delivery: 30 Days After Award Accounting Info: Period of Performance: 03/21/2016 to 03/20/2017 BASE PERIOD CHANGE MANAGEMENT SERVICES BASE PERIOD TRAVEL Continued 3,517,079.57 25,000.00 328. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED. AND CONFORMS To THE CONTRACT, EXCEPTAS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 326 DATE 32d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATNE 329. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATNE 329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER I34 VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECTFOR . JPARTML IHNAL 38. SIR ACCOUNT NUMBER 39 SIR VOUCHER NUMBER 40. PAID BY 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE 42d. TOTAL CONTAINERS 538 FORM (REV. BACK REFERENCE NO. OF DOCUMENT BEN CONTIWED PAGE OF SHEET 3 20 NAME OF orrenoa oe commron MCKINSEY COMPANY INC WASHINGTON DC ITEM NO, QUANTITY UNIT UNI PRICE AMOUNT (10003 BASE PERIOD SURGE SERVICES 703,415.91 20001 PERIOD I CHANGE MANAGEMENT SERVICES 0.00 Amount: (Option Line Item) I 02/20/2017 20002 OPTION PERIOD I TRAVEL 0.00 Amount: Option Line Item) 02/20/2017 20003 OPTION PERIOD I SURGE SERVICES 0.00 Amount: Option Line Item) 02/20/2017 30001 OPTION PERIOD II CHANGE MANAGEMENT SERVICES I 0.00 Amount: Option Line Item) 02/20/2018 30002 OPTION PERIOD II TRAVEL I 0.00 Amount: ?(Option Line Item) 02/20/2018 I 30003 OPTION PERIOD II SURGE SERVICES 0.00 Amount: Option Line Item) 02/20/2018 40001 OPTION PERIOD CHANGE MANAGEMENT SERVICES 0.00 1Amount: Option Line Item) 02/20/2019 40002 PERIOD TRAVEL I 0.00 Amount: (Option Line Item) I 02/20/2019 I 40003 OPTION PERIOD SURGE SERVICES I 0.00 Amount: Option Line Item) Continued I NSN 754001-152-8067 539 OPTIONAL FORM 338 Sponsored by GSA FAR CFR) 51110 REFEREME NO. 6 DOCWENT REM OONTIMJED commumou SHEET 4 20 NM or OFFEROR OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. QUANTITY UNIT WIT PRICE WT (A) (B) (C) (E) (F) 02/20/2019 INVOICE PAYMENT: INVOICES MAY NOT BE SUBMITTED IN ADVANCE AND PARTIAL INVOICES WILL NOT BE ACCEPTED. PLEASE ENSURE THE FOLLOWING INSTRUCTIONS ARE FOLLOWED AVOID PAYMENT DELAYS DUE TO REJECTED INVOICES. The Burlington Finance Center now handles both payment submission and payment processing. The EEG customer support number for payment inquiries is: 1-866-233-1915, Option 3 Contractors please use these procedures when you submit an invoice for all acquisitions emanating from and pertain to all invoices submitted. 1. Invoices shall now be submitted via one of the' following three methods: a. By mail: I Burlington Finance Center I P.O. Box 1620 ttn: Willinston, VT 05495?1620 0 b. By facsimile (fax) at: 802?288-7658 (include I a cover sheet with point of contact 5 of pages) c. By e-mail at: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Burlington Finance Center (BFC) handles both payment submission and payment processing. The BFC customer support number for payment inquiries is: 1-866-233-1915, Option 3. 1. Contractor Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to to ensure prompt Payment provisions are met. The ICE program Continued NSN 75?0-01-152-w 2019-lCLl-00048 540 OPTIONAL FORM 336 (4-08) FAR (4a CPR) 53.110 REFERENCE NO. OF DOCUMENT GENO CONTINLED cormNUA'nou SHEET 6-F-00004 5 20 NAME 06 amazon on CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC man No. SUPPLESISERVICES QUANTITY unrr um mos AMOLMT (A) (B) (E) (F) (C) (D) office identified in the delivery order/contract shall also be notated on every invoice. 2. In accordance with Contract Clauses, FAR 52.212-4 Contract Terms and Conditions, Commercial Items, the information required with each invoice submission is as follows: I An invoice must include: Name and address of the Contractor; (ii) Invoice date and number; Contract number, CONTRACT LINE ITEM NUMBER (CLIN) and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; I (vii) Name and address of official to whom I payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (See paragraph 1 above.) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause 52.232-33, Payment by Electronic Funds Transfer; Central Contractor Registration by Electronic Funds Transfer; Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. Continued NM 7640-01-1 ?-8087 541 OPTIONALFORM 336(4-06) 890nm FAR (48 CFR) 53.110 REFERENCE NO. OF DOCUMENY BEING CONTINUED PAGE OF SHEET 6-F-00004 6 20 NAME OF OR CONTRACTOR MCKINSEY COMPANY INC WASHINGTON DC ITEM NO. I SUPPLIESISERVICES QUANTITY UNIT . UNIT PRICE AMOUNT (A) (B) I (C) (E) (F) receipt of reports or obligation Invoices withOut the above information may be returned for resubmission. Receiving Officer/COTR/Program Office POC: Each Program Office is responsible for acceptance and goods/services, complete the applicable FFMS The total amount of award: $5,933,970.50. The goods and/or services. Upon receipt of EEG will not process the payment. for this award is shown in box 26. NSN 7540-01-152-m7 542 OPTIONAL FORM 338 (4-06) Sponsored by GSA FAR (49 CFR) 53 110 HSCECR-16-F-00004 ADDITIONAL CLAUSES FEDERAL SUPPLY SCHEDULE (F SS) RF INTRODUCTORY LANGUAGE All clauses and provisions from the Federal Acquisition Regulation (FAR) and General Services Administration Regulation (GSAR) from the applicable SC Group of the Multiple Award Schedule and Federal Supply Schedule Program, and the speci?c GSA Schedule contract that will be referenced on the Standard Form 1449, Block 2, are hereby incorporated by reference. The full text of any FAR, DHS and GSA clauses which are incorporated by reference may be obtained at the following URLs: FAR: DHS: GSAM: NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at 52.252-2, Clauses Incorporated by Reference? contained in the basic contract and FSS RF Introductory Language? contained in this document. The foregoing clauses contain the lntemet address for electronic access to the ?ill text of a clause. DHS Clauses/Provisions 3052.203-70 Instructions for Contractor Disclosure of Violations (Sept 2012) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) 3052.228-70 Insurance (Dec 2003) 3052.242-71 Dissemination of Contract Information (Dec 2003) 3052.242-72 Contracting Of?cer?s Technical Representative (Dec 2003) 3052.245-70 Government Property Reports [Deviation] (Aug 2008) FAR Clauses 52.203-6 Restrictions on Subcontractors Sales to the Government (Sept 2006) 52.203-16 Preventing Personal Con?icts of Interest (Dec 2011) 52.204-9 Personal Identity Veri?cation of Contractor Personnel (Jan 20] 1) 52245-1 Government Property (Jun 2007) 52.245-9 Use and Charges (Apr 2012) FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a ?rm fixed price task order with supplemental time and materials line items. (End of clause) FAR OPTION TO EXTEND SERVICES (NOV I999) 2019-ICLI-00048 543 HSCECR-16-F-00004 The Government may require continued performance of any services within the limits and at the rates speci?ed in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of?cer may exercise the option by written notice to the Contractor within the period of performance of the Task Order. (End of clause) FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within sixty days prior to the end of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years and six months. (End of Clause) FAR 52.224-1 -- PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency ?mction subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. (End of clause) FAR 52.224-2 -- PRIVACY ACT (APR 1984) The Contractor agrees to -- Comply with the Privacy Act of 1974 (the 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 contract speci?cally identi?es -- The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act noti?cation contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, 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 (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. 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 o?icers or employees of the agency when the 8 2019-ICLI-00048 544 HSC 6-F-00004 violation concerns the operation of a system of records on individuals to accomplish an agency ?mction. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (C) (1) ?Operation of a system of records,? as used in this clause, 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 clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. (3) ?System of records on individuals,? as used in this clause, 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. (End of clause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title 11, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PC11 Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized o?icial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Official Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. 2019-ICLI-00048 545 HSCEC R- 6-F-00004 ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer's request, the Contractor?s employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and alter contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as de?ned in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with reSpect to any speci?c contract if the Secretary determines that the waiver is required in the interest of national security. Definitions. As used in this clause: Expanded A?iliated Group means an af?liated group as de?ned in section 1504(a) of the Internal Revenue Code of I986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ?more than 50 percent' for ?at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? lO 2019-ICLI-00048 546 HSCECR- 6-F-00004 The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) A?er the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or pro?ts interest in the domestic partnership; and (3) The expanded af?liated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded af?liated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. Special rules. The following de?nitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: Stock held by members of the expanded af?liated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)( l) of the Homeland Security Act, 6 U.S.C. 395(b)(l). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of I986) shall be treated as a partnership. Treatment of Certain Rights. (I) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: 11 2019-ICLI-00048 547 HSCEC R-l 6-F-00004 warrants; (ii) options; contracts to acquire stock; (iv) convertible debt instruments; and others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to re?ect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. Disclosure. The offeror under this solicitation represents that [Check one]: it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CF 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009. 108-7004. A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) HSAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006) The Contracting Officer has determined that this acquisition may give rise to a potential organizational con?ict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5--Organizational Con?icts of Interest. The nature of this con?ict arises from the possibility that following the completion of or while in the process of completing this task order, the Government may decide that additional services are required to implement, supplement, or continue the services performed or being performed under this task order. The restrictions upon future contracting are as follows: (I) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop speci?cations or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Of?cer and the Contractor, suf?cient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). DHS shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract. 12 2019-ICLI-00048 548 HSCECR- 6-F-00004 (2) To the extent that the work under this contract requires access to proprietary, business con?dential, or ?nancial data of other companies, and as long as these data remain proprietary or con?dential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies. (End of clause) HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) The personnel or facilities speci?ed below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Before removing or replacing any of the speci?ed individuals or facilities, the Contractor shall notify the Contracting Of?cer, in writing, within ten (10) business days before the change becomes effective. The Contractor shall submit suf?cient information to support the proposed action and to enable the Contracting Of?cer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Of?cer approves the change. The Key Personnel under this Contract: (1) Project Manager I (2) Alternate Project Manager I (End of clause) SAFEGUARDING 0F SENSITIVE INFORMATION (MAR 2015) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ?Contractor?). The Contractor shall insert the substance of this clause in all subcontracts. De?nitions. As used in this clause? ?Personally Identi?able Information (Pll)? means information that can be used to distinguish or trace an individual?s identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a speci?c individual, such as date and place of birth, or mother?s maiden name. The de?nition of is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the speci?c risk that an individual can be identi?ed. In performing this assessment, it is important for an agency to recognize that non-personally identi?able information can become personally identi?able information whenever additional information is made publicly available?in any medium and from any source?that, combined with other available information, could be used to identify an individual. P11 is a subset of sensitive information. Examples of include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certi?cate/license numbers, vehicle identi?ers including license plates, uniform resource locators (URLs), static lntemet protocol addresses, biometric identi?ers such as ?ngerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. ?Sensitive Information? is de?ned in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been speci?cally l3 2019-ICLI-00048 549 HSCECR- 1 6-F-00004 authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance officially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Sensitive Information Incident? is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information. ?Sensitive Personally Identi?able Information is a subset of P11, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of P11 are sensitive as stand-alone elements. Examples of such PII include: Social Security numbers (SSN), driver?s license or state identi?cation number, Alien Registration Numbers (A-number), ?nancial account number, and biometric identi?ers such as ?ngerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual?s name or other unique identi?er plus one or more of the following elements: (I) Truncated SSN (such as last 4 digits) (2) Date of birth (month, day, and year) (3) Citizenship or immigration status (4) Ethnic or religious af?liation (5) Sexual orientation (6) Criminal History (7) Medical Information (8) System authentication information such as mother?s maiden name, account passwords or personal identi?cation numbers (PIN) Other P11 may be ?sensitive? depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive. Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at or available upon request from the Contracting Of?cer, including but not limited to: l) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassi?ed (for Of?cial Use Only) Information 14 2019-ICLI-00048 550 HSCEC R- 6-F-00004 (2) DHS Sensitive Systems Policy Directive 4300A (3) DHS 4300A Sensitive Systems Handbook and Attachments (4) DHS Security Authorization Process Guide (5) DHS Handbook for Safeguarding Sensitive Personally Identi?able Information (6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program (7) DHS Information Security Performance Plan (current ?scal year) (8) DHS Privacy Incident Handling Guidance (9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Modules accessible at (10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at (l l) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required. (I) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 11042.], Safeguarding Sensitive But Unclassi?ed (For O?icial Use Only) Information describes how Contractors must handle sensitive but unclassi?ed information. DHS uses the term OFFICIAL USE to identify sensitive but unclassi?ed information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, SSI, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identi?able Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121-01- 007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program. (2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as speci?ed in the contract. (3) All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Of?cer?s Representative (COR) no later than two (2) days after execution of the form. (4) The Contractor?s invoicing, billing, and other recordkeeping systems maintained to support ?nancial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed. (End of clause) INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ?Contractor?). The Contractor shall insert the substance of this clause in all subcontracts. Security Training Requirements. 15 2019-ICLI-00048 551 HSCECR-16-F-00004 (1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user?s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise speci?ed, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 3 1 st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at requirements-contractors. The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, initial training certi?cates for each Contractor and subcontractor employee shall be provided to the Contracting Of?cer?s Representative (COR) not later than thirty (30) days a?er contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e-mail noti?cation not later than October 3 of each year. The e- mail noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at requirements-contractors. Unless otherwise speci?ed, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually and the COR will provide noti?cation when a review is required. Privacy Training Requirements. All Contractor and subcontractor employees that will have access to Personally Identi?able Information (Pll) and/or Sensitive (SPll) are required to take Privacy at DHS: Protecting Personal Information before accessing and/or The training is accessible at Training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 3 1 st of each year. Any new Contractor employees assigned to the contract shall also complete the training before accessing and/or The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Initial training certi?cates for each Contractor and subcontractor employee shall be provided to the COR not later than thirty (30) days after contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e-mail noti?cation not later than October 3 of each year. The email noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (End of clause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: 16 2019-ICLI-00048 552 HSCEC R- 6-F-00004 (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network so?ware, computer software, software programs, intranet sites, and internet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer's request, the Contractor's employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concems. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. Before receiving access to IT resources under this contract the individual must receive a security brie?ng, which the Contracting Of?cer?s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS. The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly l7 2019-ICLI-00048 553 authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved. Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE). Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department?s Chief Security Of?cer (C80) and the Chief Information Officer (C10) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the C80 and the CIO or their designees. In order for a waiver to be granted: (1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and (2) The waiver must be in the best interest of the Government. (I) Contractors shall identify in their proposals the names and citizenship of all non-US. citizens proposed to work under the contract. Any additions or deletions of non-US. citizens after contract award shall also be reported to the contracting of?cer. (End of clause) ICE PRO Clauses PRIV 1.2: Reporting Suspected Loss of Sensitive Pll: Contractors must report the suspected loss or compromise of Sensitive to in a timely manner and cooperate with lCE?s inquiry into the incident and efforts to remediate any harm to potential victims. 1. The Contractor must develop and include in its security plan (which is submitted to ICE) an internal system by which its employees and Subcontractors are trained to identify and report the potential loss or compromise of Sensitive PH. 2. The Contractor must report the suspected loss or compromise of Sensitive PM by its employees or Subcontractors to the ICE Security Operations Center (480-496-6627), the Contracting Of?cer?s Representative (COR), and the Contracting Of?cer within one (1) hour of the initial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensitive by its employees or Subcontractors. The report must contain the following information: a. Narrative or detailed description of the events surrounding the suspected loss or compromise of information. b. Date, time, and location of the incident. c. Type of information lost or compromised. d. Contractor?s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. e. Names of person(s) involved, including victim, Contractor employec/ Subcontractor and any witnesses. f. Cause of the incident and whether the company?s security plan was followed and, if not, which speci?c provisions were not followed. g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. l8 2019-ICLI-00048 554 h. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modi?ed in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other Government Agency inquiries into the suspected loss or compromise of Sensitive P11. 5. At the Government?s discretion, Contractor employees or Subcontractor employees may be identi?ed as no longer eligible to access Sensitive or to work on that contract based on their actions related to the loss or compromise of Sensitive PII. (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible for the noti?cation of victims and the provision of victim remediation services in the event of a loss or compromise of Sensitive held by the Contractor, its agents, and its Subcontractors, under this contract. The victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any noti?cation that may be required to be sent to individuals whose Sensitive PM was lost or compromised. (End of clause PRIV 1.4: Separation Checklist for Contractor Employees: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors terminate working on the contract. The separation checklist must cover areas such as: (I) return of any Government-fumished equipment; (2) return or proper disposal of Sensitive PII (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor?s facilities or systems that would permit the terminated employee?s access to Sensitive In the event of adverse job actions resulting in the dismissal of an employee, Subcontractor employee, or independent Contractor, the Contractor shall notify the Contract Of?cer?s Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact Contracting Of?cer, or COR with completing ICE Form 50-005/Contractor Employee Separation Clearance Checklist by returning all Government- fumished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobile devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition on Performing Work Outside a Government Facility/Network/Equipment: The Contractor shall perform all tasks described in this document at authorized Government facilities and on authorized Government networks, using Government-fumished IT and other equipment. The Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility, or on any other network or equipment. Government information shall remain within the con?nes of authorized Government facilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224-1, PRIVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRIVACY ACT (APR 1984), this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The Agency advises that the relevant system of records notices (SORNs) applicable to this Privacy Act information are as follows: Payroll, Personnel, and Time and Attendance Records Immigration and Enforcement Operational Records (ENFORCE) Alien Criminal Response Information Management System Department of Homeland Security Accounts Payable System of Records 19 2019-ICLI-00048 555 HSCECR- 6-F-00004 Department of Homeland Security Accounts Receivable System of Records Bond Information Management System Travel Charge Card Program System of Records These SORN may be updated at any time. The most current DHS versions are publicly available at SORNs of other agencies may be accessed through the agencies? websites or by searching Dsys, the Federal Digital System of the Government Publishing Of?ce, available at (End of clause) REC: Required DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for all employees and Subcontractors that have access to Sensitive as well as the creation, use, dissemination and/or destruction of Sensitive at the outset of the Subcontractor?s/employee?s work on the contract and every year thereafter. This training can be obtained via links on the ICE intranet site. The Agency may also make the training available through other means CD or online). The Contractor shall maintain copies of certi?cates as a record of compliance. The Contractor must submit an annual e-mail noti?cation to the Contracting Of?cer?s Representative that the required training has been completed for all the Contractor?s employees. (End of clause) REC 1.2: Deliverables are the Property of the U.S. Government: The Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable without the expressed permission of the Contracting Of?cer or Contracting Of?cer?s Representative. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise speci?ed in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not speci?cally tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or maintain any records containing any Government Agency data that are not speci?cally tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information: The Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation created as part of this contract. The Contractor must deliver suf?cient technical documentation with all data deliverables to permit the Agency to use the data. (End of clause) REC 1.5: Comply With All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Of?cer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the ?nes and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. (End of clause) 20 2019-ICLI-00048 556 HSCECR- 16-F-00004 ADDITIONAL CLAUSES FEDERAL SUPPLY SCHEDULE (FSS) RFQ INTRODUCTORY LANGUAGE All clauses and provisions from the Federal Acquisition Regulation (FAR) and General Services Administration Regulation (GSAR) from the applicable FSC Group of the Multiple Award Schedule and Federal Supply Schedule Program, and the speci?c GSA Schedule contract that will be referenced on the Standard Form 1449, Block 2. are hereby incorporated by reference. The full text of any FAR. DHS and GSA clauses which are incorporated by reference may be obtained at the following URLs: FAR: DHS: .htm GSAM: NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at 52.252-2. Clauses Incorporated by Reference? contained in the basic contract and FSS RFQ Introductory Language? contained in this document. The foregoing clauses contain the Internet address for electronic access to the full text ofa clause. DHS Clauses/Provisions 3052.203-70 Instructions for Contractor Disclosure of Violations (Sept 2012) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) 3052.228-70 Insurance (Dec 2003) 3052.242-71 Dissemination of Contract Information (Dec 2003) 3052.242-72 Contracting Officer?s Technical Representative (Dec 2003) 3052.245-70 Government Property Reports [Deviation] (Aug 2008) FAR Clauses 52.203?6 Restrictions on Subcontractors Sales to the Government (Sept 2006) 52.203?16 Preventing Personal Conflicts of Interest (Dec 201 1) 52204?9 Personal Identity Veri?cation of Contractor Personnel (Jan 201 1) 52245-1 Government Property (Jun 2007) 52.245?9 Use and Charges (Apr 2012) FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a firm ?xed price task order with supplemental time and materials line items. (End ofclause) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 2019-ICLI-00048 557 The Government may require continued performance of any services within the limits and at the rates speci?ed in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance of the Task Order. (End of clause) FAR 52.217-9 OPTION T0 EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within sixty days prior to the end of the contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years and six months. (End of Clause) FAR 52.224-1 -- PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 1974 (5 and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. (End ofclause) FAR 52.224-2 -- PRIVACY ACT (APR 1984) The Contractor agrees to -- Comply with the Privacy Act of 1974 (the 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 contract specifically identi?es -- The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, 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 (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the of?cers or employees of the agency when the 2019-ICLI-00048 558 HSCECR-16-F-00004 violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (C) (1) ?Operation of a system of records,? as used in this clause, 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 clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. (3) ?System of records on individuals,? as used in this clause, 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. (End ofclause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive hanation, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the PC11 Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of 881,? as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. 2019-ICLI-00048 559 HSCECR-16-F-00004 ?Information Technology Resources? include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer?s request, the Contractor?s employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End ofclause) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as de?ned in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any speci?c contract if the Secretary determines that the waiver is required in the interest of national security. De?nitions. As used in this clause: Expanded A?iliated Group means an af?liated group as de?ned in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ?more than 50 percent' for ?at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? 10 2019-ICLI-00048 560 The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded af?liated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded af?liated group. Person, domestic. and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(3) of the Internal Revenue Code of 1986, respectively. Special rules. The following de?nitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: Stock held by members of the expanded af?liated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(l) of the Homeland Security Act, 6 U.S.C. 395(b)(l). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: 11 2019-ICLI-00048 561 HSCECR-16-F-00004 warrants; (ii) options; contracts to acquire stock; (iv) convertible debt instruments; and others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to re?ect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (0 Disclosure. The offeror under this solicitation represents that [Check one]: it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009. [08-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009. 108-7004. A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) HSAR 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006) The Contracting Of?cer has determined that this acquisition may give rise to a potential organizational con?ict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart Con?icts of Interest. The nature of this con?ict arises from the possibility that following the completion of or while in the process of completing this task order, the Government may decide that additional services are required to implement, supplement, or continue the services performed or being performed under this task order. The restrictions upon future contracting are as follows: (1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or ?rst-tier subcontractor under an ensuing DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, suf?cient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). DHS shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract. 12 2019-ICLI-00048 562 HSCECR-16-F-00004 (2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies. (End of clause) HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003) The personnel or facilities speci?ed below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. Before removing or replacing any of the speci?ed individuals or facilities, the Contractor shall notify the Contracting Of?cer, in writing, within ten (10) business days before the change becomes effective. The Contractor shall submit suf?cient information to support the proposed action and to enable the Contracting Of?cer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Of?cer approves the change. The Key Personnel under this Contract: I Proiect Manager (2) Alternate Project anager? (End of clause) SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ?Contractor?). The Contractor shall insert the substance of this clause in all subcontracts. Definitions. As used in this clause? ?Personally Identi?able Information means information that can be used to distinguish or trace an individual's identity, such as name, social security number, or biometric records, either alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth, or mother?s maiden name. The de?nition of P11 is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. In performing this assessment, it is important for an agency to recognize that non-personally identi?able information can become personally identifiable information whenever additional information is made publicly available?in any medium and from any source?that, combined with other available information, could be used to identify an individual. P11 is a subset of sensitive information. Examples of P11 include, but are not limited to: name, date of birth, mailing address, telephone number, Social Security number (SSN), email address, zip code, account numbers, certi?cate/license numbers, vehicle identi?ers including license plates, uniform resource locators (URLs), static Internet protocol addresses, biometric identi?ers such as ?ngerprint, voiceprint, iris scan, photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. ?Sensitive Information" is de?ned in HSAR clause 3052.204-71, Contractor Employee Access, as any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of Title 5, United States Code (the Privacy Act), but which has not been speci?cally l3 2019-ICLI-00048 563 authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107- 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PC11 Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520. as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as ?For Of?cial Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Sensitive Information Incident" is an incident that includes the known, potential, or suspected exposure, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access or attempted access of any Government system, Contractor system, or sensitive information. ?Sensitive Personally Identi?able Information is a subset of P11, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. Some forms of P11 are sensitive as stand-alone elements. Examples ofsuch PII include: Social Security numbers (SSN), driver?s license or state identification number, Alien Registration Numbers (A-number), financial account number, and biometric identi?ers such as ?ngerprint, voiceprint, or iris scan. Additional examples include any groupings of information that contain an individual?s name or other unique identi?er plus one or more of the following elements: (1) Truncated SSN (such as last 4 digits) (2) Date of birth (month, day, and year) (3) Citizenship or immigration status (4) Ethnic or religious af?liation (5) Sexual orientation (6) Criminal History (7) Medical Information (8) System authentication information such as mother?s maiden name, account passwords or personal identi?cation numbers (PIN) Other PII may be ?sensitive? depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but is not sensitive. Authorities. The Contractor shall follow all current versions of Government policies and guidance accessible at or available upon request from the Contracting Of?cer, including but not limited to: (1) DHS Management Directive 11042.1 Safeguarding Sensitive But Unclassi?ed (for Official Use Only) Information 14 2019-ICLI-00048 564 HSCECR-16-F-00004 (2) DHS Sensitive Systems Policy Directive 4300A (3) DHS 4300A Sensitive Systems Handbook and Attachments (4) DHS Security Authorization Process Guide (5) DHS Handbook for Safeguarding Sensitive Personally Identi?able Information (6) DHS Instruction Handbook 121-01-007 Department of Homeland Security Personnel Suitability and Security Program (7) DHS Information Security Performance Plan (current ?scal year) (8) DHS Privacy Incident Handling Guidance (9) Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Modules accessible at (10) National Institute of Standards and Technology (NIST) Special Publication 800-53 Security and Privacy Controls for Federal Information Systems and Organizations accessible at (l I) NIST Special Publication 800-88 Guidelines for Media Sanitization accessible at Handling of Sensitive Information. Contractor compliance with this clause, as well as the policies and procedures described below, is required. (I) Department of Homeland Security (DHS) policies and procedures on Contractor personnel security requirements are set forth in various Management Directives (MDs), Directives, and Instructions. MD 1 1042.1, Safeguarding Sensitive But Unclassi?ed (For Of?cial Use Only) Information describes how Contractors must handle sensitive but unclassi?ed information. DHS uses the term OFFICIAL USE to identify sensitive but unclassi?ed information that is not otherwise categorized by statute or regulation. Examples of sensitive information that are categorized by statute or regulation are PCII, 881, etc. The DHS Sensitive Systems Policy Directive 4300A and the DHS 4300A Sensitive Systems Handbook provide the policies and procedures on security for Information Technology (IT) resources. The DHS Handbook for Safeguarding Sensitive Personally Identi?able Information provides guidelines to help safeguard SPII in both paper and electronic form. DHS Instruction Handbook 121 007 Department of Homeland Security Personnel Suitability and Security Program establishes procedures, program responsibilities, minimum standards, and reporting protocols for the DHS Personnel Suitability and Security Program. (2) The Contractor shall not use or redistribute any sensitive information processed, stored, and/or transmitted by the Contractor except as speci?ed in the contract. (3) All Contractor employees with access to sensitive information shall execute DHS Form 1 1000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information. The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The Contractor shall provide copies of the signed NDA to the Contracting Of?cer?s Representative (COR) no later than two (2) days after execution of the form. (4) The Contractor?s invoicing, billing, and other recordkeeping systems maintained to support ?nancial or other administrative functions shall not maintain SPII. It is acceptable to maintain in these systems the names, titles and contact information for the COR or other Government personnel associated with the administration of the contract, as needed. (End of clause) INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as ?Contractor?). The Contractor shall insert the substance of this clause in all subcontracts. Security Training Requirements. 15 2019-ICLI-00048 565 (1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user?s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise speci?ed, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at requirements-contractors. The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, initial training certi?cates for each Contractor and subcontractor employee shall be provided to the Contracting Of?cer?s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e?mail noti?cation not later than October 3 1 st of each year. The e? mail noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award. Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise speci?ed, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually and the COR will provide noti?cation when a review is required. Privacy Training Requirements. All Contractor and subcontractor employees that will have access to Personally Identi?able Information (PII) and/or Sensitive PII (SPII) are required to take Privacy at DHS: Protecting Personal Information before accessing PII and/or SPII. The training is accessible at Training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 3 [st of each year. Any new Contractor employees assigned to the contract shall also complete the training before accessing PII and/or SPII. The Contractor shall maintain copies of training certi?cates for all Contractor and subcontractor employees as a record of compliance. Initial training certificates for each Contractor and subcontractor employee shall be provided to the COR not later than thirty (30) days after contract award. Subsequent training certi?cates to satisfy the annual training requirement shall be submitted to the COR via e-mail noti?cation not later than October 31st of each year. The email noti?cation shall state the required training has been completed for all Contractor and subcontractor employees. (End ofclause) HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012) Sensitive Infonnation, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modi?ed, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been speci?cally authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This de?nition includes the following categories of information: 16 2019-ICLI-00048 566 (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PC11 Program Manager or his/her designee); (2) Sensitive Security Information (881), as de?ned in Title 49, Code of Federal Regulations, Part 1520, as amended, ?Policies and Procedures of Safeguarding and Control of as amended, and any supplementary guidance of?cially communicated by an authorized of?cial of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) lnfonnation designated as ?For Of?cial Use Only,? which is unclassi?ed information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person?s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated ?sensitive? or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. ?Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Of?cer. Upon the Contracting Of?cer's request, the Contractor's employees shall be ?ngerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. The Contracting Of?cer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason. including, but not limited to, carelessness, insubordination, incompetence, or security concerns. Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Of?cer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (0 The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Of?cer?s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS. The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly l7 2019-ICLI-00048 567 HSCECR-16-F-00004 authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved. Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE). Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department?s Chief Security Of?cer (C80) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the C80 and the CIO or their designees. In order for a waiver to be granted: (1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and (2) The waiver must be in the best interest of the Government. (1) Contractors shall identify in their proposals the names and citizenship of all non-US citizens proposed to work under the contract. Any additions or deletions of non-US. citizens after contract award shall also be reported to the contracting of?cer. (End of clause) ICE PRO Clauses PRIV 1.2: Reporting Suspected Loss of Sensitive PII: Contractors must report the suspected loss or compromise of Sensitive to ICE in a timely manner and cooperate with lCE?s inquiry into the incident and efforts to remediate any harm to potential victims. 1. The Contractor must develop and include in its security plan (which is submitted to ICE) an internal system by which its employees and Subcontractors are trained to identify and report the potential loss or compromise of Sensitive P11. 2. The Contractor must report the suspected loss or compromise of Sensitive PII by its employees or Subcontractors to the ICE Security Operations Center the Contracting Of?cer?s Representative (COR), and the Contracting Of?cer within one (1) hour of the initial discovery. 3. The Contractor must provide a written report to ICE within 24 hours of the suspected loss or compromise of Sensitive PII by its employees or Subcontractors. The report must contain the following information: a. Narrative or detailed description of the events surrounding the suspected loss or compromise of information. Date, time, and location of the incident. Type of information lost or compromised. d. ontractor?s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment. Names of person(s) involved, including victim, Contractor employee/Subcontractor and any witnesses. f. Cause of the incident and whether the company?s security plan was followed and, if not, which speci?c provisions were not followed. g. Actions that have been or will be taken to minimize damage and/or mitigate further compromise. pc- 18 2019-ICLI-00048 568 HSCECR-16-F-00004 h. Recommendations to prevent similar situations in the future, including whether the security plan needs to be modified in any way and whether additional training may be required. 4. The Contractor must cooperate with ICE or other Government Agency inquiries into the suspected loss or compromise of Sensitive P11. 5. At the Govemment?s discretion, Contractor employees or Subcontractor employees may be identi?ed as no longer eligible to access Sensitive PII or to work on that contract based on their actions related to the loss or compromise of Sensitive PII. (End of clause) PRIV 1.3: Victim Remediation Provision: The Contractor is responsible for the noti?cation of victims and the provision of victim remediation services in the event of a loss or compromise of Sensitive PII held by the Contractor, its agents, and its Subcontractors, under this contract. The victim remediation services shall include at least l8 months of credit monitoring and, for serious or large incidents as requested by the Government, call center help desk services for the individuals whose Sensitive PII was lost or compromised. The Contractor and ICE will collaborate and agree on the method and content of any noti?cation that may be required to be sent to individuals whose Sensitive PII was lost or compromised. (End of clause PRIV 1.4: Separation Checklist for Contractor Employees: Contractors shall enact a protocol to use a separation checklist before its employees, Subcontractor employees, or independent Contractors terminate working on the contract. The separation checklist must cover areas such as: (1) return of any Govemment-fumished equipment; (2) return or proper disposal of Sensitive PII (paper or electronic) in the custody of the Contractor/Subcontractor employee or independent Contractor, including the sanitization of data on any computer systems or media as appropriate; and (3) termination of any technological access to the Contractor?s facilities or systems that would permit the terminated employee?s access to Sensitive In the event of adverse job actions resulting in the dismissal of an employee, Subcontractor employee, or independent Contractor, the Contractor shall notify the Contract Of?cer?s Representative (COR) within 24 hours. For normal separations, the Contractor shall submit the checklist on the last day of employment or work on the contract. As requested, contractors shall assist the ICE Point of Contact Contracting Of?cer, or COR with completing ICE Form 50-005/Contractor Employee Separation Clearance Checklist by returning all Government- furnished property including but not limited to computer equipment, media, credentials and passports, smart cards, mobile devices, PIV cards, calling cards, and keys and terminating access to all user accounts and systems. (End of clause) PRIV 1.6: Prohibition 0n Performing Work Outside a Government Facility/Network/Equipment: The Contractor shall perform all tasks described in this document at authorized Government facilities and on authorized Government networks, using Government-fumished IT and other equipment. The Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility, or on any other network or equipment. Government information shall remain within the con?nes of authorized Government facilities and/or networks at all times. (End of clause) PRIV 1.7: Privacy Act Information: In accordance with FAR 52.224-1, PRIVACY ACT NOTIFICATION (APR 1984), and FAR 52.224-2, PRIVACY ACT (APR 1984), this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974. The Agency advises that the relevant system of records notices (SORNs) applicable to this Privacy Act information are as follows: Payroll, Personnel, and Time and Attendance Records 1 Immigration and Enforcement Operational Records (ENFORCE) Alien Criminal Response Information Management System Department of Homeland Security Accounts Payable System of Records 19 2019-ICLI-00048 569 HSCECR-16-F-00004 Department of Homeland Security Accounts Receivable System of Records Bond Information Management System Travel Charge Card Program System of Records These SORN may be updated at any time. The most current DHS versions are publicly available at SORNs of other agencies may be accessed through the agencies? websites or by searching the Federal Digital System of the Government Publishing Office, available at (End of clause) REC: Required DHS Basic Records Management Training: The Contractor shall provide DHS basic records management training for all employees and Subcontractors that have access to Sensitive as well as the creation, use, dissemination and/or destruction of Sensitive at the outset of the Subcontractor?s/employee?s work on the contract and every year thereafter. This training can be obtained Via links on the ICE intranet site. The Agency may also make the training available through other means CD or online). The Contractor shall maintain copies of certi?cates as a record of compliance. The Contractor must submit an annual e-mail noti?cation to the Contracting Of?cer?s Representative that the required training has been completed for all the Contractor?s employees. (End of clause) REC 1.2: Deliverables are the Property of the US. Government: The Contractor shall treat all deliverables under the contract as the property of the US. Government for which the Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable without the expressed permission of the Contracting Of?cer or Contracting Of?cer?s Representative. The Contractor shall certify in writing the destruction or return of all Government data at the conclusion of the contract or at a time otherwise specified in the contract. The Agency owns the rights to all data/records produced as part of this contract. (End of clause) REC 1.3: Contractor Shall Not Create or Maintain Unauthorized Records: The Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. The Contractor shall not create or maintain any records containing any Government Agency data that are not speci?cally tied to or authorized by the contract. (End of clause) REC 1.4: Agency Owns Rights to Electronic Information: The Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases) and all supporting documentation created as part of this contract. The Contractor must deliver suf?cient technical documentation with all data deliverables to permit the Agency to use the data. (End of clause) REC 1.5: Comply With All Records Management Policies: The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion. (End of clause) REC 1.6: No Disposition of Documents without Prior Written Consent: No disposition of documents will be allowed without the prior written consent of the Contracting Of?cer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction. damage or alienation of Federal records is subject to the ?nes and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules. (End of clause) 20 2019-lCLl-00048 570