United States of America v. State of California et al

Filing 213

NOTICE of filing second amended declaration of Cherokee Melton in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Second Amended Declaration of Cherokee Melton, # 2 Exhibit A-L, # 3 Exhibit M-P, # 4 Exhibit Q-S)(Melton, Cherokee) Modified on 10/22/2018 (Kastilahn, A).

EXHIBIT M

EXHIBIT N

036

EROIGSA-11-0003
EROIGSA-11-0003
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
OFFICE OF ENFORCEMENT AND REMOVAL OPERA TIONS
AND
THE CITY OF ADELANTO

This Intergovernmental Service Agreement ("Agreement") is entered into between United States
Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and the City
of Adelanto, ("Service Provider") for the detention and care of aliens ("detainees"). The term
"Parties" is used in this Agreement to refer jointly to ICE and the Service Provider.
FACILITY LOCATION:

The Service Provider shall provide detention services for detainees at the following institution(s):
City of Adelanto
10400 Rancho Road
Adelanto, CA 92301-2237

The following constitutes the complete agreement:
• Intergovernmental Service Agreement (IGSA)
• Appendix A - Statement of Work
• Appendix B - ICE Design Standards
• Appendix C - Structured Cable Plant Standard
• Appendix D - Performance Requirements Summary
• Appendix E - Quality Assurances Surveillance Plan (QASP)
• Appendix F - Title 29, Part 4 Labor Standards for Federal Service Contract Clause
• Appendix G - Wage Determination Number: 2011-0013, Rev 1 Dated 02/18/2011

IN WITNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names
on behalf of the City of Adelanto and Department of Homeland Security, U.S. Immigration and
Customs Enforcement.
ACCEPTED:

ACCEPTED:

U.S. Immigration and Customs Enforcement
Roberta Halls
Contracting Officer

City of Adelanto
D. James Hart, PH.D.
City Manager/Executive Director

~~~
$.:1--

Signature~
Date:

.

Signature: ~~:::::....:...---:::-~~~~::rt-Date:

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EROIGSA-11-0003

33 Voluntary Work Program
1. Detainees may have opportunities to work and earn money while confined, subject to
the number of work opportunities available and within the constraints of safety,
security, and good order.
2. Detainees will be able to volunteer for work assignments but otherwise not be
required to work, except to do personal housekeeping.
3. Essential operations and services will be enhanced through productivity from
detainees.
The negative impact of confinement will be reduced through less idleness, improved
4.
morale and fewer disciplinary incidents.
5. Detainee working conditions will comply with all applicable federal, state, and local
work safety laws and regulations.
There will be no discrimination regarding voluntary work program access based on
6.
any detainee's race, religion, national origin, gender, sexual orientation, or disability.
7. The applicable contents and procedures in this Standard will be communicated to the
detainee in a language or manner which the detainee can understand.

PART 6 JUSTICE
34 Detainee Handbook
1. Upon admission to a facility, each detainee will be provided the comprehensive
written orientation materials in the form of a detainee handbook. The local facility
shall provide a detainee handbook supplement, which describes such matters as:
• grievance system,
• services and programs,
• medical care,
• law libraries and legal material,
• correspondence and other material,
• staff-detainee communication
• classification system, and
• disciplinary system,
2. Each detainee will verify, by signature and date, receipt of those orientation materials,
and that acknowledgement will be maintained in the detainee's detention file.
3. The ICE National Detainee Handbook will be provided in English, Spanish, and other
languages as determined necessary by the Field Office Director (FOO). Orientation
materials will be read to detainees who cannot read, or they will be provided the
material via audio or video recordings.
4. Interpretative services will be provided to detainees who do not speak the languages
in which the orientation materials are written.
5. The information in this standard will be communicated in a language or manner
which the detainee can understand.
35 Grievance System
1. Detainees will be informed about the facility's informal and formal grievance system
in a language or manner he or she understands.
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EXHIBIT O

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EROIGSA-14-0002
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS
AND
CITY OF HOLTVILLE, CA
This Intergovernmental Service Agreement (“Agreement”) is entered into between United States
Department of Homeland Security Immigration and Customs Enforcement (“ICE”), and City of
Holtville, CA, (“Service Provider”) for the detention and care of aliens (“detainees”). The
term “Parties” is used in this Agreement to refer jointly to ICE and the Service Provider.
FACILITY LOCATION:
The Service Provider shall provide detention services for detainees at the following institution(s):
Facility Name: Imperial Regional Detention Facility
Street Address: 1572 Gateway
City, State, Zip Code: Calexico, CA 92231
The following documents constitute the complete agreement:
• Intergovernmental Service Agreement (IGSA)
• Proposal dated 05/12/2014, as revised dated 07/25/2014, incorporated herein by reference,
except as superseded elsewhere in this agreement
• Attachment 1 - RESERVED
• Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts
• Attachment 3 - Wage Determination Number: 2005-2057, Revision Number: 15, Dated
07/25/2014
• Attachment 4 - Quality Control Plan
• Attachment 5 - Quality Assurance Surveillance Plan
• 5.A. Performance Requirements Summary
• 5.B. Sample Contract Deficiency Report
• Attachment 6 – Performance Work Statement (PWS)
• Attachment 7 – Staffing Plan
• Attachment 8 – Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in
Confinement Facilities, 79 Fed. Reg. 13100 (Mar. 7, 2014)
• Attachment 9 – Compliance with PBNDS 2011 Optimal Provisions

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Attachment 6

TABLE OF CONTENTS
I.

INTRODUCTION .............................................................................................3
A.
B.
C.

BACKGROUND ..................................................................................................................................................3
SCOPE OF WORK PERFORMANCE......................................................................................................................3
EXPLANATION OF TERMS/ACRONYMS .............................................................................................................3

II. GENERAL INFORMATION ..........................................................................9
A.
B.
C.
D.
E.
F.
G.

INTRODUCTION ................................................................................................................................................9
GENERAL .........................................................................................................................................................9
RECORDS MANAGEMENT ............................................................................................................................... 10
INSPECTION BY REGULATORY AGENCIES ....................................................................................................... 10
PERFORMANCE EVALUATION MEETINGS ....................................................................................................... 10
SERVICE PROVIDER'S EMPLOYEE MANUAL .................................................................................................... 10
HOUSING, HEALTH, AND MEDICAL CARE ...................................................................................................... 11

III. PERSONNEL ..................................................................................................13
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.

MINIMUM STANDARDS OF EMPLOYEE CONDUCT ........................................................................................... 13
RANDOM DRUG TESTING ............................................................................................................................... 14
CONTRABAND PROGRAM AND INSPECTION .................................................................................................... 14
REMOVAL FROM DUTY .................................................................................................................................. 14
TOUR OF DUTY RESTRICTIONS ....................................................................................................................... 16
DUAL POSITIONS ............................................................................................................................................ 16
POST RELIEF .................................................................................................................................................. 16
PERSONNEL FILES .......................................................................................................................................... 16
UNIFORM REQUIREMENTS.............................................................................................................................. 17
PERMITS AND LICENSES ................................................................................................................................. 18
ENCROACHMENT ............................................................................................................................................ 18
WORK SCHEDULES ......................................................................................................................................... 18

IV. BACKGROUND AND CLEARANCE PROCEDURES ............................21
A.
B.

INITIAL DRUG TESTING .................................................................................................................................. 21
TRAINING ....................................................................................................................................................... 21

V. REQUIRED SERVICES ADMINISTRATION AND MANAGEMENT .25
A. MANAGE INFORMATION SYSTEM FOR COLLECTING, RETRIEVING, STORING, AND REPORTING DETAINEE
DETENTION .............................................................................................................................................................. 25
B. MANAGE THE RECEIVING AND DISCHARGE OF DETAINEES ............................................................................ 25
C. MANAGE AND ACCOUNT FOR DETAINEE ASSETS (FUNDS, PROPERTY) ........................................................... 25
D. SECURELY OPERATE THE FACILITY ............................................................................................................... 26
E.
ENFORCE THE DETAINEE DISCIPLINARY POLICY............................................................................................ 26
F.
ADMINISTRATIVE SEGREGATION POLICY ....................................................................................................... 26
G. MAINTAIN DETAINEE ACCOUNTABILITY ....................................................................................................... 27
H. COLLECT AND DISSEMINATE INTELLIGENCE INFORMATION........................................................................... 27
I.
PROVIDE SECURITY INSPECTION SYSTEM ...................................................................................................... 27
J.
MAINTAIN INSTITUTIONAL EMERGENCY READINESS ..................................................................................... 28
K. MANAGE COMPUTER EQUIPMENT AND SERVICES IN ACCORDANCE WITH ALL OPERATIONAL SECURITY
REQUIREMENTS ....................................................................................................................................................... 29

VI. FACILITY SECURITY AND CONTROL ..................................................30
A.
B.

SECURITY AND CONTROL (GENERAL) ............................................................................................................ 30
UNAUTHORIZED ACCESS ................................................................................................................................ 30

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C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.

DIRECT SUPERVISION OF DETAINEES ............................................................................................................. 30
LOGBOOKS ..................................................................................................................................................... 30
RECORDS AND REPORTS................................................................................................................................. 31
DETAINEE COUNTS ........................................................................................................................................ 31
DAILY INSPECTIONS ....................................................................................................................................... 32
CONTROL OF CONTRABAND ........................................................................................................................... 32
KEYS AND ACCESS CONTROL DEVICES .......................................................................................................... 32
CONTROL OF CHEMICALS ............................................................................................................................... 33
POST ORDERS................................................................................................................................................. 33
DEVIATION FROM PRESCRIBED SCHEDULE ASSIGNMENTS ............................................................................. 33
USE OF FORCE POLICY ................................................................................................................................... 33
USE OF RESTRAINTS POLICY .......................................................................................................................... 34
INTELLIGENCE INFORMATION ........................................................................................................................ 34
LOST AND FOUND .......................................................................................................................................... 34
ESCAPES......................................................................................................................................................... 34
INJURY, ILLNESS, AND REPORTS .................................................................................................................... 35
PROTECTION OF EMPLOYEES .......................................................................................................................... 36
MEDICAL REQUESTS ...................................................................................................................................... 36
EMERGENCY MEDICAL EVACUATION ............................................................................................................ 36
SANITATION AND HYGIENIC LIVING CONDITIONS .......................................................................................... 36

VII. MANAGE A DETAINEE WORK PROGRAM .......................................37
A.

GENERAL ....................................................................................................................................................... 37

VIII. HEALTH SERVICES .................................................................................38
A. MANAGE A DETAINEE DEATH IN ACCORDANCE WITH THE 2011 PBNDS ON TERMINAL ILLNESS, ADVANCE
DIRECTIVES, AND DEATH ........................................................................................................................................ 38

IX. FOOD SERVICE ............................................................................................39
A.

MANAGE FOOD SERVICE PROGRAM IN A SAFE AND SANITARY ENVIRONMENT ............................................. 39

X. DETAINEE SERVICES AND PROGRAMS...............................................40
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

MANAGE MULTI-DENOMINATIONAL RELIGIOUS SERVICES PROGRAM .......................................................... 40
PROVIDE FOR A DETAINEE RECREATION PROGRAM ....................................................................................... 40
MANAGE AND MAINTAIN A COMMISSARY ..................................................................................................... 41
VISITATION .................................................................................................................................................... 41
LAW LIBRARY ................................................................................................................................................ 42
LIBRARY ........................................................................................................................................................ 42
BARBER SHOP ................................................................................................................................................ 42
LANGUAGE ACCESS ....................................................................................................................................... 42
CREATE AND MANAGE A DETAINEE REPRESENTATIVE PROGRAM ................................................................. 42
PHYSICAL PLANT ........................................................................................................................................... 42

XI. PROPERTY ACCOUNTABILITY ..............................................................47
A.
B.

GENERAL ....................................................................................................................................................... 47
FACILITY, EQUIPMENT, MATERIALS, SUPPLIES, AND INSTRUCTIONS FURNISHED BY THE GOVERNMENT....... 47

XII. FIREARMS / BODY ARMOR...................................................................48
A.
B.

FIREARMS REQUIREMENTS............................................................................................................................. 48
BODY ARMOR REQUIREMENTS ...................................................................................................................... 49

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Performance Work Statement
I.

INTRODUCTION

A. Background
Enforcement and Removal Operations (ERO), a component of U.S. Immigration and
Customs Enforcement (ICE), maintains custody of one of the most highly transient and
diverse populations of any detention system in the nation. These detainees are housed in
authorized facilities nationwide including local facilities operating under InterGovernmental Service Agreements (IGSAs), private Contract Detention Facilities
(CDFs), and ICE-owned Service Processing Centers (SPC).
A key goal of Immigration Detention Reform is to create a civil detention system that is
not penal in nature and serves the needs of ICE to provide safe and secure conditions
based on characteristics of a diverse population including an individual’s perceived threat
to the community, risk of flight, type and status of immigration proceeding, community
ties, and medical and mental health issues.
B. Scope of Work Performance
This Performance Work Statement (PWS) sets forth the Agreement’s performance
requirements for IGSA-provided detention facilities and services for ICE detainees.
The Facility’s operation shall reflect the PBNDS Expected Outcomes as summarized and
outlined at length in Attachment 1, Performance Outcomes, 2011 Performance-Based
National Detention Standards (PBNDS). Where minimum requirements are expressed,
innovation is encouraged to further the goals of detention reform.
C. Explanation of Terms/Acronyms
1. ADMINISTRATIVE CONTRACTING OFFICER (ACO): ICE employee responsible
for contract compliance, contract administration, cost control, and reviewing
Contracting Officer’s Representative’s (COR) assessment of Service Provider's
performance.
2. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains
persons over the age of 18.
3. ALIEN: Any person who is not a citizen or national of the United States.
4. BED DAY: Per diem "detainee day" or “man-day” means day in or day out and all
days in between. The Service Provider may charge for day of arrival or day of
departure, but not both.

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5. BOOKING: Admission procedure for an ICE detainee, which includes searching,
fingerprinting, photographing, medical screening, and collecting personal history
data. Booking also includes the inventory and storage of the individual's
accompanying personal property.
6. BUREAU OF PRISONS (BOP): The U.S. Federal Bureau of Prisons protects society
by confining offenders in the controlled environments of prisons and communitybased facilities that are safe, humane, cost-efficient, and appropriately secure, and
that provide work and other self-improvement opportunities to assist offenders in
becoming law-abiding citizens.
7. COMPLAINT: A written or verbal expression of grief, pain, or dissatisfaction by a
detainee with the facility administrator concerning personal health/welfare or the
operations and services of the facility.
8. CONTRACTOR: The entity, which provides the services, described in this
Performance Work Statement.
9. CONTRACTING OFFICER (CO): An employee of the Government responsible for
the complete conduct and integrity of the contracting process, including
administration after award. The only individual authorized to issue changes to this
contract.
10. CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the
Government, appointed by the Contracting Officer, to assist in the technical
monitoring or administration of the contract.
11. CONTROL ROOM: Integrates all internal and external security communications
networks within a secure room. Activities conducted within the control room have a
critical impact on the institution's orderly and secure operation.
12. DEPARTMENT OF HOMELAND SECURITY (DHS): The United States federal
executive department responsible for ensuring the homeland is safe, secure, and
resilient against terrorism and other hazards.
13. DEPARTMENT OF JUSTICE (DOJ): The United States federal executive
department responsible for enforcement of the law and administration of justice. It
includes the Executive Office of Immigration Review (EOIR), the Federal Bureau of
Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the U.S. Marshals
Service (USMS).
14. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and
Customs Enforcement designated in writing by ICE Officer-In-Charge (OIC) to
represent ICE on matters pertaining to the operation of the facility.

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15. DETAINEE: Any person confined under the auspices and the authority of any
Federal agency.
16. DETAINEE RECORDS: Information concerning the individual's personal, criminal
and medical history, behavior, and activities while in custody, including, but not
limited to:
17. Detainee, Personal Property, Receipts, Visitors List, Photographs, Fingerprints,
Disciplinary Infractions, Actions Taken, Grievance Reports, Medical Records, Work
Assignments, Program Participation, Miscellaneous Correspondence, etc.
18. DETENTION OFFICERS: Service Provider's staff members responsible for the
security, care, transportation, and supervision of detainees during all phases of
activity in a detention facility. The officer is also responsible for the safety and
security of the facility.
19. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): A unit within
Enforcement and Removal Operations whose purpose is to develop and prescribe
policies, standards, and procedures for ICE detention operations and to ensure
detention facilities are operated in a safe, secure, and humane condition for both
detainees and staff.
20. DIRECT SUPERVISION: A method of detainee management that ensures
continuous direct contact between detainees and staff by posting sufficient officers to
provide frequent, nonscheduled observation of, and personal interaction with
detainees.
21. EMERGENCY: Any significant disruption of normal facility procedure, policy, or
activity caused by riot, strike, escape, fire, medical exigency, natural disaster, or other
serious incident.
22. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): A component of U.S.
Immigration and Customs Enforcement, responsible for the identification,
apprehension, and removal of illegal aliens from the United States.
23. ENTRY ON DUTY (EOD): The first day the employee begins performance at a
designated duty station on this contract.
24. ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document
initiates the analysis and evaluation of environmental effects of proposed actions and
considers alternative proposals. It determines the need for an Environmental
Assessment.
25. ENVIRONMENTAL ASSESSMENT (EA): Specific document summarizing the
results of thorough analyses of environmental impacts caused by proposed actions. It
determines the need for an Environmental Impact Statement.

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26. ENVIRONMENTAL IMPACT STATEMENT (EIS): Comprehensive document
providing full and fair discussion of significant environmental impacts caused by the
proposed action(s). It also states the reasonable alternatives, which would avoid or
minimize the adverse impact(s) or enhance the quality of the human environment.
27. FACILITY: The physical plant and grounds in which the Service Provider's services
are operated.
28. FINDING OF NO SIGNIFICANT IMPACT (FONSI): Formal statement indicating
that no significant effect upon the quality of the human environment will occur
because of the proposed action(s).
29. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE): An agency within the
U.S. Department of Homeland Security that promotes homeland security and public
safety through the criminal and civil enforcement of federal laws governing border
control, customs, trade, and immigration.
30. ICE HEALTH SERVICE CORPS (IHSC): The medical authority for ICE, provides
on-site, direct patient care to ICE detainees at 23 detention locations and manages offsite medical referrals for aliens housed in approximately 270 other facilities
nationwide. IHSC medical facilities follow applicable health care standards that
guide current national policy regarding the delivery of health care.
31. IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted
children) and their spouses, parents (including stepparents), siblings (including
stepsiblings and half-siblings) and their spouses.
32. INCIDENT REPORT: Written documentation of an event, such as a minor
disturbance, officer misconduct, any detainee rule infraction, etc.
33. JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM (JPATS):
DOJ's prisoner transportation system operated by the U.S. Marshals Service (USMS),
sometimes referred to as the "airlift."
34. LIFE SAFETY CODE: A manual published by The National Fire Protection
Association specifying minimum standards for fire safety necessary in the public
interest.
35. LOG BOOK: The official record of post operations and inspections.
36. MAN-DAY: See Bed Day.
37. MAN-HOUR: Man-hour means productive hours when the required services are
performed. Only productive hours can be billed.

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38. MARSHALS SERVICE (USMS): An agency within the U.S. Department of Justice
responsible for enforcing federal laws and providing support to virtually all elements
of the federal justice system.
39. MEDICAL RECORDS: Separate records of medical examinations and diagnosis
maintained by the responsible physician or nurse. Limited information from these
records is transferred to the detainee record: date and time of all medical
examinations; and, copies of standing or direct medical orders from the physician to
the facility staff.
40. MEDICAL SCREENING: A system of structured observation and/or initial health
assessment to identify newly-arrived detainees who could pose a health or safety
threat to themselves or others.
41. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY
UNIT (OPR-PSU): The ICE office, which implements a component-wide personnel
security program.
42. ON CALL/REMOTE CUSTODY OFFICER POST: These posts shall be operated on
demand by the COR and shall include, but not be limited to, escorting and providing
custody of detainees for hearings, ICE interviews, or at any other location requested
by the COR.
43. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other
professional and technical workers who by state law engage in activities that support,
complement or supplement the functions of physicians and/or dentists who are
licensed, registered, or certified, as appropriate to their qualifications, to practice.
44. QUALITY ASSURANCE: The actions taken by the Government to assure
requirements of the Performance Work Statement (PWS) are met.
45. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A Government
document used to ensure that systematic quality assurance methods are used in the
administration of performance based standards and other requirements included in
this agreement.
46. QUALITY CQNTRQL (QC): The Service Provider's inspection system, which
covers all the services to be performed under the Agreement. The actions that a
Service Provider takes to control the production of services so that they meet the
requirements stated in the Agreement.
47. QUALITY CQNTRQL PLAN (QCP): A Service Provider-produced document that
addresses critical operational performance standards for services provided.

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48. RESPONSIBLE PHYSICIAN: A person licensed to practice medicine with whom the
facility enters into a contractual agreement to plan for and provide health care
services to the detainee population of the facility.
49. RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly
chains, leg irons, strait jackets, flexi cuffs, soft (leather) cuffs, and leg weights.
50. SAFETY EQUIPMENT: This includes, but is not limited to, firefighting equipment
(i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable
breathing devices, gas masks, fans, first aid kits, stretchers, and emergency alarms).
51. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings,
floors, walls and barriers used to confine and control detainees. In addition, electronic
monitoring equipment, security alarm systems, security light units, auxiliary power
supply, and other equipment used to maintain facility security.
52. SECURITY PERIMETER: The outer portions of a facility, which actually provide
for secure confinement of detainees.
53. SERVICE PROVIDER: See Contractor.
54. STANDING MEDICAL ORDERS: Written orders, by a physician, to medical
personnel for the definitive treatment of identified minor, self-limiting conditions and
for on-site treatment of emergency conditions.
55. TOUR OF DUTY: No more than 12 hours in any 24-hour period with a minimum of
eight hours off between shifts, except as directed by state or local law.
56. TRANSPORTATION COSTS: All materials, equipment and labor necessary to
respond to requests by designated officials for secure movement of detainees from
place to place necessary for processing, hearings, interviews, etc.
57. UNIFORM: A clearly identifiable outfit which can include traditional or nontraditional articles such as khaki pants and polo shirts.
58. WEAPONS: This includes but is not limited to firearms, ammunition, knives,
slappers, billy clubs, electronic defense modules, chemical weapons (mace), and
authorized batons.

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II.

GENERAL INFORMATION

A. Introduction
Unless otherwise specified, all plans, policies, and procedures shall be developed by the
Service Provider and submitted in writing to the CO for review and concurrence prior to
receiving detainees for housing. Once concurrence has been granted, these plans,
policies, and procedures shall not be modified without the prior written acknowledgment
of the CO. The Service Provider does not have a right of refusal and shall take all
referrals from ICE, as long as the individuals have been properly classified to be housed
at this facility. The Service Provider is prohibited from constructing or making
modifications to or adding any additional bed space or facilities at the facility location
without the prior written approval of the CO.
B. General
The Service Provider shall abide by all rules and regulations in the following sources:
1. Post Orders
2. General Directives
3. American Correctional Association (ACA) Standards for Adult Local Detention
Facilities (most current edition) and the most recent copies of the supplements as
they are issued. Copies are obtainable for purchase through the Internet website.
http://www.aca.org/ACA_Prod_IMIS/ACA_Member/Standards___Accreditation/
Standards/Purchase/ACA Member/Standards and Accreditation/Standards Boo
ks
Merchandise.aspx?hkey=9afcadb3-623d-4933-825d-32458db12f83
4. Officers’ Handbook (M-68)
5. The 2011 Performance Based National Detention Standards (PBNDS). (Note:
The provisions of the PBNDS 2011 should be interpreted as minimum
requirements. Facilities are encouraged to design and operate the facility to
provide the least restrictive conditions appropriate to maintain the security and
safety of the staff and detainees.)
6. Federal, state, and local laws governing use of firearms, fire safety and
environmental health.
7. All other regulations provided to the Service Provider by the authority of the CO.
All services must comply with this agreement and all applicable federal, state, and local
laws and standards. Should a conflict exist between any of these laws or standards or
regulations, the most stringent shall apply. If the Service Provider is unable to determine
which law or standard is more stringent, the CO shall determine the appropriate standard.
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This PWS contains numerous references, which direct the Service Provider to notify,
contact, or provide the CO with information or data. Post-award, the CO may formally
designate other Government individuals to assume those responsibilities. The Service
Provider is responsible for a Quality Control Program (QCP), which ensures all
requirements of this PWS are achieved. The specific requirements for the QCP are
further detailed within this PWS.
C. Records Management
The Service Provider shall comply with all statutes, regulations, and guidelines from the
National Archives and Records Administration. Records and information management
functions are required and mandated by the following laws and regulations: Chapters 21,
29, 31, and 33 of Title 44, United States Code; 36 CFR 12; 41 CFR 201 subchapters A
and B; OMB Circular A-l30; and DO] Order 271 O.8A, Removal and Maintenance of
Documents. Criminal penalties for unlawfully destroying, damaging, removing, or
improperly handling or releasing federal records are addressed in Chapters 37 and 101 of
Title 18, United States Code.
D. Inspection by Regulatory Agencies
Work described in the contract is subject to inspection by other Government agencies.
The Service Provider shall participate in responding to all requests for information and
inspection or review findings by regulatory agencies.
E. Performance Evaluation Meetings
The Service Provider's representatives shall meet with the COR(s) on a regular basis as
determined necessary by the Government. These meetings will provide a management
level review and assessment of Service Provider performance and allow for discussion
and resolution of problems.
F. Service Provider's Employee Manual
The Service Provider shall provide an Employee Manual, which, at a minimum,
addresses the following:
Organization
Recruiting procedures
Opportunities for Equal Employment
Qualifying for jobs, job descriptions, responsibilities, salaries, and fringe
benefits
5. Screening employees for illegal drug use
6. Holidays, leave, and work hours
7. Personnel records, employee evaluations, promotion, and retirement
1.
2.
3.
4.

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8. Training
9. Standards of conduct, disciplinary procedures, and grievance procedures
10. Resignation and termination
11. Employee-management relations
12. Security, safety, health, welfare, and injury incidents
The Service Provider must provide a copy of the Employee Manual to the Service
Provider's employees at the facility. Upon request by the COR, the Service Provider shall
document to the Government that all employees have reviewed a copy of the manual.
G. Housing, Health, and Medical Care
The Service Provider shall provide detention services, to include detainee welfare and
record keeping services for ICE.
1. Detention Site Standards
The Service Provider shall ensure the detention site conforms to ACA and the
2011 PBNDS. A fire and emergency plan shall exist and shall be aggressively
managed. The Service Provider shall ensure facilities conformance to the
following:
For safety, security, and sanitation purposes, an inspection of the detainee housing
areas shall be conducted by a supervisor at a minimum of two (2) times per shift.
All locks, windows, walls, floors, ventilators, covers, access panels, and doors
shall be checked daily for operational wear and detainee tampering. The Service
Provider shall take immediate action to repair all defective findings and/or
equipment. All inspection results and any instructions to staff shall be logged into
the housing area security logbook and be available for review by the COR.
The Facility shall be subject to periodic and random inspections by the COR, or
other officials as may be determined by ICE, to ensure compliance with the 2011
PBNDS and the terms of this agreement. Deficiencies shall be immediately
rectified or a plan for correction submitted by the Service Provider to the COR for
approval.
2. Health and Medical Care
The Service Provider shall comply with written policies and procedures for
appropriately addressing the health needs of ICE detainees. Policies and
procedures shall be written to ensure that medical, dental, and mental health care
are delivered in compliance with NCCHC standards and PBNDS 2011 Standard
4.3 and shall include, but not be limited to, the following:
a. Policies and procedures for accessing 24-hour emergency medical care for
ICE detainees.
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b. Policies and procedures for prompt summoning of emergency medical
personnel.
c. Policies and procedures for emergency medical evacuation of detainees, if
deemed necessary by qualified medical personnel.
d. Policies, procedures, and post orders for duty officers to ensure that
medical emergencies are recognized and promptly attended to.
e. Policies and procedures addressing detention standards on medical care to
include access to care, suicide prevention, hunger strikes, etc.
f. Policies and procedures that support a system allowing for detainees to
request medical/mental health services through submission of written
requests. Medical/mental health requests for treatment deemed urgent by
the medical provider will be forwarded by the Service Provider to the
COR and/or alternate COR as soon as possible. Detainee requests shall be
addressed with urgency.
g. Policies and procedures that support a continuum of health care services
including screening, prevention, health education, diagnosis, and treatment
consistent with National Commission on Correctional Health Care
(NCCHC) standards and applicable clinical guidelines.
h. Policies and procedures that ensure that detainees released or removed will
receive a discharge plan, a .full copy of medical records, medication and
referrals to community-based providers as medically appropriate.
i. Policies and Procedures that include. screening inquiries required by
PBNDS 2011 Standard 4.3, including: past hospitalizations, relevant
family medical history, dietary needs and past or recent abuse or violence;
and that include – where there is a clinically significant finding as a result
of the initial screening – an immediate medical/mental referral with the
detainee receiving a health assessment no later than two working days
from the initial screening unless the clinical situation would dictate earlier
evaluation.
j. Policies and procedures that ensure that detainees experiencing severe,
life-threatening intoxication or withdrawal are transferred immediately to
a licensed acute care facility.
k. Any detainee complaint for medical care not received shall be promptly
addressed and the COR shall be immediately notified.

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III.

PERSONNEL
The Service Provider shall employ personnel whose qualifications are commensurate
with job responsibilities and authority levels. The Service Provider shall assure that
employees meet the standards of competency, training, appearance, behavior and
integrity. The Service Provider will effect disciplinary or adverse action against
employees who disregard those standards.

A. Minimum Standards of Employee Conduct
The Service Provider shall develop standards of employee conduct and corresponding
disciplinary actions that are consistent with the following standards of conduct. All
employees shall certify in writing that they have read and understand the standards.
A record of this certificate must be provided to the COR prior to the employees
beginning work under this contract. The Service Provider shall hold employees
accountable for their conduct based on these standards, which are not restricted to,
but must include:
1. Employees shall not display favoritism or preferential treatment to one
detainee, or group of detainees, over another.
2. Employees shall not discuss or disclose information from detainee files or
immigration cases, except when necessary in the performance of duties under
this contract.
3. The employee may not interact with any detainee except in a relationship that
supports the approved goals of the facility. Specifically, employees shall not
receive nor accept any personal (tangible or intangible) gift, favor, or service,
from any detainee, any detainee's family, or associate no matter how trivial
the gift, favor, or service may seem, for themselves or any members of their
family. In addition, the employee shall not give any gift, favor, or service to
detainees, detainee's family, or associates.
4. The employee shall not enter into any business relationship with detainees or
their families (e.g., selling, buying, or trading personal property).
5. The employee shall not have any outside or social contact with any detainee,
his or her family, or associates, except for those activities, which are part of
the facility program and a part of the employee's job description.
6. All employees are required to immediately report to the Warden/Facility
Director or ICE Supervisor any criminal or non-criminal violation or
attempted violation of these standards.
7. The Service Provider shall report all violations or attempted violations of the
standards of conduct or any criminal activity immediately to the COR.
Violations may result in employee removal from the facility. Failure on the
part of the Service Provider either to report a known violation or to take
appropriate disciplinary action against offending employee or employees shall
subject the Service Provider to appropriate action including possible
termination for default.
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8. The Service Provider shall not employ any person who is currently an
employee of any federal agency - including active duty military personnel - or
whose employment would present an actual or apparent conflict of interest.
B. Random Drug Testing
The Service Provider shall have a random drug-screening program that randomly
tests a minimum of 10% of all Service Provider staff every quarter. ICE may require
drug screening for cause at any time. The Service Provider shall order and
accomplish drug screening at the Service Provider's expense. A laboratory approved
by the National Institute of Drug Abuse (NIDA) must perform the screening. The
Service Provider shall provide the results of all such drug screening to the COR
within 24 hours after receipt.
C. Contraband Program and Inspection
A contraband control program shall be established in accordance with the 2011
PBNDS and the ACA standards on the control of contraband. The Service Provider's
employees are subject to random contraband inspection in accordance with facility
standards and policies. ICE may require contraband screening and inspection for
cause at any time. Upon notification of a violation by the COR, the Service Provider
shall immediately remove the employee from performing duties under this
Agreement. The Service Provider shall revoke employees' credentials, complete
required disposition, and immediately notify the COR when the employee is removed
from duty.
D. Removal from Duty
If the COR or the Service Provider receives and confirms disqualifying information
concerning a Service Provider employee, the Service Provider shall, upon notification
by the COR, immediately remove the employee from performing duties under this
Agreement. The Service Provider shall revoke the employee's identification
credentials and complete any required dispositions. The Service Provider shall
immediately notify the COR when the employee is removed from duty. Disqualifying
information includes but is not limited to the following:
1. Conviction of a felony, a crime of violence, domestic violence, or a serious
misdemeanor.
2. Possessing a record of arrests for continuing offenses.
3. Falsification of information entered on suitability forms.
4. Non-payment of court ordered payments (child support, liens, etc.), or
excessive delinquent debt as determined by credit check.
5. Misconduct or negligence in prior employment, which would have a bearing
on efficient service in the position in question, or would interfere with or
prevent effective accomplishment by the employing agency of its duties and
responsibilities.
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6. Alcohol abuse of a nature and duration, which suggests that the applicant or
appointee would be prevented from performing the duties of the position in
question, or would constitute a direct threat to the property or safety of
others.
7. Illegal use of narcotics, drugs, or other controlled substances, without
evidence of substantial rehabilitation.
ICE may direct the Service Provider to remove any employee who has been
disqualified either for security reasons or for being unfit to perform his/her duties as
determined by the COR or the Contracting Officer. The Service Provider shall take
action immediately and notify the COR when the employee is removed from duty. A
determination of being unfit for duty may be made from, but is not limited to,
incidents of delinquency set forth below:
1.
2.
3.

4.

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

16.
17.

Violation of the Rules and Regulations Governing Detention facilities set
forth in ICE Publications entitled "Detention Officer Handbook",
Violation of the Rules and Regulations Governing Public Buildings and
Grounds, CFR 101-20.3;
Neglect of duty, including sleeping while on duty, loafing, unreasonable
delays or failures to carry out assigned tasks, conducting personal affairs
during official time, leaving post without relief, and refusing to render
assistance or cooperation in upholding the integrity of the security program
at the work sites;
Falsification or unlawful concealment, removal, mutilation, or destruction
of any official documents or records, or concealment of material facts by
willful omissions from official documents or records;
Theft, vandalism, immoral conduct, or any other criminal actions;
Possessing, selling, consuming, or being under the influence of intoxicants,
drugs, or substances which produce similar effects;
Unethical or improper use of official authority or credentials;
Unauthorized use of communication equipment or government property;
Misuse of equipment or weapons;
Violations of security procedures or regulations;
Recurring tardiness;
Possession of alcohol, illegal substances, or contraband while on duty;
Undue fraternization with detainees as determined by the COR;
Repeated failure to comply with visitor procedures as determined by the
COR;
Performance, as determined by investigation by the Contracting Officer
involving acquiescence, negligence, misconduct, lack of diligence, good
judgment, and/or good common sense resulting in, or contributing to, a
detainee escape;
Failure to maintain acceptable levels of proficiency or to fulfill training
requirements;
Changes in an employee's ability to meet the physical and/or mental health
requirements of this Agreement;
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18. Service Provider employee who is under investigation by any law
enforcement agency will be removed from duties pending outcome of the
disposition. At the direction of the COR, the Service Provider shall reassign
contract employees who have been arrested or who have alleged
misconduct to duties that do not permit direct contact with detainees
pending the disposition of the charges. Any alleged misconduct shall be
reported immediately to the COR. If such reassignments are not available,
the Service Provider shall remove the employee from work under this
contract and other ICE contracts.
E. Tour of Duty Restrictions
The Service Provider shall not utilize any uniformed contract employee to perform
duties under this Agreement for more than 12 hours in any 24-hour period, and shall
ensure that such employees have a minimum of eight hours off between shifts.
Authorization is required from the COR prior to an employee performing services
that exceed 12 hours. If an employee is performing other duties for either the Service
Provider or another employer, those hours shall count against the 12-hour limitation.
Employees performing transportation duties can work up to 15 hrs. in a 24 hr. period
as needed under Department of Transportation regulations.
F. Dual Positions
In the event that a supervisory detention officer is not available for duty the Service
Provider should provide a full-time supervisor as a replacement. A contract employee
shall not hold the position of Detention Officer and Supervisory Detention Officer
simultaneously. The COR will document and refer to the Contracting Officer the
failure of the Service Provider to provide necessary personnel to cover positions.
G. Post Relief
As indicated in the post orders, the Detention Officer shall not leave his or her post
until relieved by another Detention Officer. When the Service Provider or Service
Provider's Supervisors authorize rest or relief periods, the Service Provider shall
assign undesignated officers to perform the duties of the Detention Officers on break.
H. Personnel Files
The Service Provider shall maintain a system of personnel files, and make all
personnel files available to the CO and the COR upon request. These files shall be
maintained and current for the duration of the employee's tenure under the
Agreement. The files shall contain verification of training and experience and
credentials for all the staff.

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I. Uniform Requirements
These requirements apply to Resident Monitoring Staff (Supervisory Detention
Officers and Detention Officers) who perform work under the contract.
1. Uniforms
The Service Provider shall provide uniforms to its employees, such as khaki pants
and polo shirts. The design and color of the Service Provider's uniforms shall not
be similar to those worn by ICE officers. All officers performing under this
contract shall wear uniforms of the same style and color while on duty.
Supervisory personnel should wear different color shirts to distinguish them from
line staff. Each officer shall wear an identification nametag over the right breast
shirt pocket. Uniforms and equipment do not have to be new, but shall be in good
condition and meet the standards at start of duty. Officers not in proper uniform
shall be considered "not ready for duty/not on duty" until properly uniformed. All
uniforms shall be clean, neat, and in good order.
The complete uniform consists of seasonal attire that includes appropriate shirt,
pants, , cap (mandatory), jacket, duty belt (for transportation duties), mini-mag
flashlight and holder (on check-out basis), handheld radio (on check-out basis),
and key-holder. The Service Provider shall ensure that each officer has a complete
uniform while performing assignments under this Agreement.
Prior to the Agreement performance date, the Service Provider shall document to
the COR the uniform and equipment items that have been issued to each
employee. The COR shall have the right to approve or disapprove any uniform
apparel.
2. Identification Credentials
The Service Provider shall ensure that all employees both uniformed and nonuniformed (if applicable) have the required identification credentials in their
possession while on the premises. The Service Provider identification credential
document shall contain the following:
a. A photograph that is at least one inch square that shows the full face
and shoulders of the employee and is no more than 30 days old when
the Service Provider issues the credential.
b. A printed document that contains personal data and description
consisting of the employee's name, sex, birth date, height, weight, hair
color and eye color, as well as the date of issuance, the signature of the
employee, and the signature of project manager designated Service
Provider personnel.

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c. To avoid the appearance of having Government issued badges, the
Service Provider shall not possess wallet type badges or credentials.
All credentials shall be approved by the COR.
J. Permits and Licenses
1. Business Permits and Licenses
The Service Provider must obtain all required permits and licenses by the date
of the Agreement award. The Service Provider must (depending on the state's
requirements) be licensed as a qualified security service company in
accordance with the requirements of the district, municipality, county, and
state in which ICE work site(s) is/are located. Throughout the term of this
Agreement, the Service Provider shall maintain current permits/business
licenses and make copies available for Government Inspection. The Service
Provider shall comply with all applicable federal, state, and local laws and all
applicable Occupational Safety and Health Administration (OSHA) standards.
2. Licensing of Employees
Before reporting to duty on this contract, the Service Provider shall ensure
each employee has registration, commissions, permits, and licenses as
required by the district, municipality, county, and state in which ICE work site
is located. The Service Provider shall verify all licenses and certifications. If
applicable, all Service Provider staff shall possess a current
license/registration, in the state in which they are practicing.
3. Jurisdiction
The Service Provider's authority under this Agreement is limited to space or
posts that are under the charge and control of ICE. The Service Provider will
not extend his services into any other areas.
K. Encroachment
Service Provider employees shall not have access to Government equipment,
documents, materials, and telephones for any purpose other than as authorized by
ICE. Service Provider employees shall not enter any restricted areas of the
processing centers unless necessary for the performance of their duties.
L. Work Schedules
The Service Provider shall adhere to the staffing plan outlined in Attachment 7 of the
IGSA.

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The Service Provider shall follow the criteria described below when establishing
work schedules, contact relief, rest periods, and starting and stopping work.
1. Post Work Schedules
One week in advance, the Service Provider shall prepare supervisory and
Detention Officer work schedules, for a two-week period, and shall post them in
work areas or locker rooms. A manpower report shall be submitted to the COR on
a monthly basis. Schedules shall be prepared on a form designated by ICE. The
Service Provider can use their own format if they already have an established
procedure for doing so. Changes in duty hours shall also be posted on this form in
sufficient time to ensure 24-hour advance notice. By noon each day, the Service
Provider shall provide, to ICE the duty roster showing all assignments for the
following day. At the completion of each shift, the Service Provider shall also
provide an employment report listing (copies of the sign-in sheets [GSA Form
139, or approved equivalent Record of Arrival and Departure from Buildings
during Security Hours] for each shift) for each employee who actually worked,
work classification, post assignments, and hours worked, as well as total hours
worked by supervisory and non-supervisory employees to the COR. The on-duty
Service Provider Supervisor shall conduct regular post checks to ensure personnel
are prepared to be on duty. When an employee is not being utilized at a given
post, the Service Provider at the direction of the COR or ICE Supervisor on Duty
may reassign him/her to another post.
2. Starting and Stopping Work
The Service Provider is responsible for all employees to be dressed in full
uniform and ready to begin work promptly at the beginning of each shift. Each
employee shall remain at the duty locations until the shift is completed. The
Service Provider shall provide, to ICE COR, documentation certifying that each
contract employee has been issued approved uniforms and equipment prior to
Entry on Duty (EOD) date.
3. Recording Presence
The Service Provider shall direct its employees to sign in when reporting for
work, and to sign out when leaving at the end of their period of duty. The Service
Provider's supervisory and regular personnel are required to register at the
applicable work site(s) and shall use GSA Form 139, Record of Arrival and
Departure from Buildings during normal duty hours or other forms designated by
ICE. The Government shall specify the registration points, which will be at the
protected premises, and the Service Provider must utilize those points for this
purpose. Officers, working as supervisors, shall make the designation
"Supervisor" in the rank column on GSA Form 139, Record of Arrival and
Departure from Buildings during normal duty hours, or other forms designated by
ICE; all others will enter "On Duty." The applicable post or position numbers may
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be entered in the "relief' column after mutual concurrence between ICE and the
Service Provider.
Each line on GSA Form 139, Record of Arrival and Departure from Buildings
during normal duty hours, or other forms designated by ICE must be completed in
chronological order, without exception. Lines may not be left blank between
signatures. If an entire line is used to enter a calendar date to separate individual
workdays, a one-line limit for each date entered will be followed. Erasures,
obliterations, superimposed, or double entries of any type on anyone line are
unacceptable and will not be processed for payment. If errors are made in
signatures, times, post numbers, or duty status on this form, the next line
immediately following the line containing such errors, will be used to record all
corrected information. A single line will be drawn through the entire line on
which such mistakes appear. The Service Provider must attach a detailed
memorandum explaining the reasons for the mistakes to each form containing
erroneous entries.
4. Rest Periods
When the Service Provider authorizes rest and relief periods for a Service
Provider employee, a substitute officer shall be assigned to the duty location.
5. Work Relief
When the work assignments require that the Service Provider's employees do not
leave the assigned duty locations until a substitute officer has provided relief, this
condition shall be explicitly stated on GSA Form 2580, Guard Post Assignment
Record, or other forms designated by ICE COR. The Service Provider shall
enforce the procedure without exceptions.
6. Hospitalization of Detainees
The detainees shall not use the telephones unless the Service Provider receives
prior approval from the COR. The contract employees shall not fraternize with
clinic/hospital staff or with casual visitors to the clinic/hospital. Detainee
visitation is not permitted at the hospital. The Service Provider is obligated to
relay messages as requested by the detainee to ICE COR.

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IV.

BACKGROUND AND CLEARANCE PROCEDURES

A. Initial Drug Testing
The Service Provider must obtain screening for the use of illicit drugs of every
employee and prospective employee working under this Agreement. Drug screening
is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates
(morphine/codeine), phencyclidine (PCP), and marijuana metabolites by an
individual. ICE may expand the above list to include additional drugs. A lab approved
by the National Institute of Drug Abuse (NIDA) must perform the screening. Prior to
the granting of a favorable EOD decision, the Service Provider must submit the
results of the drug screening on the applicant to the COR. Drug testing of an applicant
will commence as soon as scheduled upon receipt of an applicant's personnel
suitability packet by the COR. The results of an applicant's drug test must be
submitted to the COR no later than 21 calendar days after receipt of an applicant's
personnel suitability packet. Such tests shall be obtained from a National Institute of
Drug Abuse (NIDA) approved laboratory and screened for the presence of the
following drugs or drug classes: amphetamines, cocaine metabolites, opiates
(morphine/codeine), phencyclidine (PCP) and marijuana metabolites. (The ICEIDRO
reserves the right to expand the list above to include additional drug/drug classes.)
Service Provider shall ensure that all federal, state, and local legal procedures are
followed whether or not included in these procedures, with regard to the specimen,
Service Provider must ensure that the confirmations are correct and that an adequate
chain of custody procedure exists and is followed. The Service Provider must post the
ICE "Drug Free Workplace Policy" in all facility work areas.
B. Training
Employees shall not perform duties under this Agreement until they have successfully
completed all initial training and the COR receives written certification from the
Service Provider.
Facility staff will be trained in accordance with the 2011 PBNDS and ACA standards.
To enhance the staff’s ability to carry out the mission of civil detention, additional
training related to communication skills, sensitivity, multi-cultural awareness, PREA
and basic medical care shall be provided and required.
To support a civil versus penal environment, facility staff may be dressed in nontraditional uniforms.
Employees shall not perform duties under this Agreement until they have successfully
completed all initial training and the COR receives written certification from the
Service Provider.

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1. General Training Requirements
a. All employees will have the training described in the ACA Standards,
PBNDS 2011, and in this section. The Service Provider shall provide the
required refresher courses or have an institution acceptable to the COR to
provide the training. Failure of any employee to complete training
successfully is sufficient reason to disqualify him or her from duty.
b. All new Officers and Custody staff will receive 120 hours of training as
delineated in the ACA Standards during the first year of employment.
All staff assigned to the facilities addressed in this IGSA will also receive any
other additional training ICE may require.
**Firearm Training for Required Armed Detention Services in accordance with State licensing requirements. Service
Provider shall certify proficiency every quarter.

Additional classes shall be at the discretion of the Service Provider with the
approval of the COR.
2. Refresher Training
a. Every year the Service Provider shall conduct 40 hours of Refresher
Training for all Officers and Custody staff including Supervisory Officers.
Refresher training shall consist of these critical subjects listed above and a
review of basic training subjects and others as approved by ICE.
b. The Service Provider shall coordinate recertification in CPR and First Aid.
This training shall be provided at no cost to the Government. Annually,
upon completion, the Service Provider shall provide documentation of
refresher training to the COR.
c. In addition to the refresher training requirements for all Officers and
Custody staff, supervisors must receive refresher training relating to
supervisory duties.
3. Basic First Aid and CPR Training
a. All members of the Service Provider’s security staff shall be trained
annually in basic first aid and CPR. They must be able to:
1.
2.
3.
4.
5.
6.

Respond to emergency situations within four minutes.
Recognize warning signs of impending medical emergencies.
Know how to obtain medical assistance.
Recognize signs and symptoms of mental illness.
Administer medication.
Know the universal precautions for protection against bloodborne diseases.
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4. Supervisory Training
All new Supervisory Officers assigned to perform work under this agreement
must successfully complete a minimum of 40 hours of formal supervisory training
provided by the Service Provider prior to assuming duties. This training is in
addition to mandatory training requirements for Officers. Supervisory training
shall include the following management areas:
a. Techniques for issuing written and verbal orders
b. Uniform clothing and grooming standards
c. Security Post Inspection procedures
d. Employee motivation
e. Scheduling and overtime controls
f. Managerial public relations
g. Supervision of detainees
h. Other company policies
i. Responding to sexual assault/abuse
j. Responding to assaults on staff, detainee on detainee violence, and
supervising and/or responding to uses of force.
All supervisory staff assigned to the facilities addressed in this IGSA will also
receive training in the Civil Rights Civil Liberties (CRCL)/ICE relationship,
Women’s Issues in Detention, the Violence Against Women ACT (VAWA),
Asylum Seekers in Detention, and Mental Health Concerns in ICE Detention.
Additional classes shall be at the discretion of the Service Provider with the
approval of the COR.
The Service Provider shall submit documentation to the COR, to confirm that
each supervisor has received basic training as specified in the basic training
curriculum.
5. Proficiency Testing
The Service Provider shall give each Officer and Custody staff a written
examination consisting of at least 25 questions after each classroom-training
course is completed. The Service Provider may give practical exercises when
appropriate. The COR shall approve the questions before the Service Provider
can administer the examination. To pass any examination, each officer and
custody staff must achieve a score of 80% or better. The Service Provider must
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provide the COR with the eligible Officer or Custody staff’s completed exam
before the Officer or Custody staff may be assigned to duties under the
agreement. Should an employee fail the written test on the initial attempt, he or
she shall be given additional training by the Service Provider and be given one
additional opportunity to retake the test. If the employee fails to complete and
pass the test the second time, the Service Provider shall remove the employee
from duties on this agreement.
6. Training Documentation
a. The Service Provider shall submit a training forecast and lesson plans to
the COR or ICE designee, on a monthly basis, for the following 60-day
period. The training forecast shall provide date, time, and location of
scheduled training and afford the COR observation/evaluation
opportunity.
b. The Service Provider shall certify and submit the training hours, type of
training, date and location of training, and name of the instructor monthly
for each employee to the COR or ICE designee.

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V.

REQUIRED SERVICES - ADMINISTRATION AND MANAGEMENT

A. Manage Information System for Collecting, Retrieving, Storing, and Reporting
Detainee Detention
All detainee files are to be prepared, maintained, retired, and disposed of in
accordance with the 2011 PBNDS. Policy and procedures shall be developed to
ensure the confidentiality and security of all detainee files. Information from a
detention file will be released to an outside third party only with the detainee’s signed
release-of-information consent form. Any release of information will be in
accordance with applicable Federal and state regulations.
B. Manage the Receiving and Discharge of Detainees
In accordance with the 2011 PBNDS, the Service Provider will provide for the
admitting and releasing of detainees to protect the health, safety, and welfare of each
individual. During the admissions process, detainees undergo screening for medical
purposes, have their files reviewed to ensure they can be housed at the facility, submit
to a standard body search, and are personally observed and certified regarding the
examination, categorization, inventorying, and safeguarding of all personal
belongings. This shall include fingerprinting of detainees.
The Service Provider shall comply with the ICE policy on Admission and Release
when entering detainee admission and release data. ICE detainees shall be
fingerprinted in accordance with the ICE policy on Admissions Documentation. The
intake process shall include, at a minimum, a medical and social screening prior to
detainee release into the general population.
This facility is designed for Level I, II, and III detainees that include non-criminals as
well as those with criminal records.
Detainees will have access to a minimum of one free telephone call during the
admission process and the release process.
C. Manage and Account for Detainee Assets (funds, property)
The Service Provider will provide for the control and safeguarding of detainees'
personal property. This will include: the secure storage and return of funds, valuables,
baggage, and other personal property; a procedure for documentation and receipting
of surrendered property; and the initial and regularly scheduled inventories of all
funds, valuables, and other property.
The Service Provider shall have written standard procedures for inventory and receipt
of detainee funds and valuables that adheres to the requirements of ICE policy on
Funds and Personal Property; and Detention and Removal Operations Policy and
Procedure Manual (DROPPM) Update: Chapter 30: Detainee Property Management.
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Written procedures shall be established for returning funds, valuables, and personal
property to a detainee being transferred or released that adheres to the requirements of
ICE policy. The Service Provider shall ensure that all detainees who are scheduled for
either transfer or release are given all funds (in cash) immediately prior to leaving the
facility. Confiscated foreign currency funds are to be returned to the detainee.
D. Securely Operate the Facility
Policy and procedures for the maintenance and security of keys and locking
mechanisms shall be developed. The procedures shall include, but are not limited to:
method of inspection to expose compromised locks or locking mechanisms; method
of replacement for all damaged keys and/or locks; a preventive maintenance schedule
for servicing locks and locking mechanisms and method of logging all work
performed on locks and locking mechanisms; policy for restricting security keys from
24 hour issue or removal from the institution; and method of issuing emergency keys.
Staff responsible for lock maintenance shall receive training and be certified from a
Government approved training program (or equivalent) specializing in the operation
of locks and locking mechanisms.
The Service Provider shall develop policies and procedures regarding detainee use of
those classified controlled tools and equipment most likely to be used in an escape or
as a weapon. Further, the Service Provider shall ensure that detainee usage of those
classified controlled tools and equipment is only under direct Service Provider staff
supervision.
E. Enforce the Detainee Disciplinary Policy
The Service Provider shall comply with the 2011 PBNDS disciplinary policy.
Facility authorities may take disciplinary action against any detainee who is not in
compliance with the rules and procedures of the facility, consistent with PBNDS
2011 Standard 3.1.
F. Administrative Segregation Policy
Placements in administration segregation for purposes of protective custody should
only be done for short duration. Use of administrative segregation to protect
vulnerable populations shall be restricted to those instances where reasonable efforts
have been made to provide appropriate housing and shall be made for the least amount
of time practicable, and when no other viable housing options exist, and as a last
resort. Detainees who have been placed in administrative segregation for protective
custody shall have access to programs, services, visitation, counsel and other services
to the maximum extent possible.
The Service Provider shall notify the Field Office Director in writing whenever an ICE
detainee has been held continuously in segregation for:
a.
14 days, or 14 days out of any 21 day period;
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b.
c.

30 days; and
At every 30-day interval thereafter.

The Service Provider shall notify the Field Office Director in writing as soon as
possible, but no later than 72 hours after the initial placement of an ICE detainee in
segregation if:
a.
The detainee has been placed in administrative segregation on the basis of
a disability, medical or mental illness, or other special vulnerability, or because the
detainee is an alleged victim of a sexual assault, is an identified suicide risk, or is on a
hunger strike; or
b.
A detainee placed in segregation for any reason has a mental illness or
serious medical illness or serious physical disability.
The Service Provider shall also notify the appropriate Field Office Director in writing
whenever a detainee who has been the subject of a prior notification pursuant to this
section is subsequently released from segregation.
G. Maintain Detainee Accountability
Population counts will be conducted in accordance with the 2011 PBNDS. All counts
shall be documented in separate logs maintained in the applicable locations where
detainees are housed, the control center and shift supervisor's office and shall be
maintained for a minimum of 30 days. Count records must be available for review
and secured away from the detainee population.
H. Collect and Disseminate Intelligence Information
Policy and procedures for collecting, analyzing, and disseminating intelligence
information regarding issues affecting safety, security, and the orderly running of the
facility shall be developed. This information should include, but not be limited to:
gang affiliations; domestic terrorist groups; tracking of detainees having advanced
skills in areas of concern (locksmiths, gunsmiths, explosives, and computers, etc.);
narcotics trafficking; mail and correspondences; detainee financial information;
detainee telephone calls; visiting room activity; and actions of high profile detainees.
The Service Provider shall share all intelligence information with the ICE Intelligence
Office.
I. Provide Security Inspection System
The Service Provider will develop and maintain a security inspection system with the
aim of controlling the introduction of contraband into the facility, ensure facility
safety, security and good order, prevent escapes, maintain sanitary standards, and
eliminate fire and safety hazards. The Service Provider's inspections program will
meet the requirements of the 2011 PBNDS for Security Inspections.

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The Service Provider shall report all criminal activity related to the performance of
this contract to the appropriate law enforcement investigative agency. The
Government may investigate any incident pertaining to performance of this contract.
The Service Provider shall cooperate with the Government on all such investigations.
The Service Provider shall immediately report all serious incidents or criminal
activity to the COR Serious incidents include, but are not limited to the following:
activation of disturbance control team(s); disturbances (including gang activities,
group demonstrations, food boycotts, work strikes, work place violence, civil
disturbances/protests); staff uses of force including use of lethal and less lethal force
(includes detainees in restraints more than eight hours); assaults on staff/detainees
resulting in injuries that require medical attention (does not include routine medical
evaluation after the incident); fires; fights resulting in injuries requiring medical
attention; full or partial lock-down of the facility; escape; weapons discharge; suicide
attempts; deaths; declared or non-declared hunger strikes; adverse incidents that
attract unusual interest or significant publicity; adverse weather; fence damage; power
outages; bomb threats; high profile detainee cases admitted to a hospital; significant
environmental problems that impact the facility operations; transportation accidents
resulting in injuries, death or property damage; and sexual assaults. Pursuant to ICE
instructions, the Service Provider shall counteract civil disturbances, attempts to
commit espionage or sabotage, and other acts that adversely affect the normal site
conditions, the security and safety of personnel, property, detainees, and the general
public.
J. Maintain Institutional Emergency Readiness
The Service Provider shall submit an institutional emergency plan that will be
operational prior to issuance of the NTP. The plan shall receive the concurrence of
the COR prior to implementation and shall not be modified without the further
written concurrence of the CO. The Service Provider shall have written agreements
with appropriate state and local authorities that will allow the Service Provider to
make requests for assistance in the event of any emergency incident that would
adversely affect the community. Likewise, the Service Provider shall have in place,
an internal corporate nation-wide staff contingency plan consisting of employees who
possess the same expertise and skills required of staff working directly on this
contract. At the discretion of ICE, these employees would be required to respond to
an institutional emergency at the contracted facility if deemed necessary. The
emergency plans shall include provisions for two or more disturbance control teams.
Protective clothing and equipment for each team member and 30 percent of all
additional facility staff members shall be provided by the Service Provider, and
maintained in a secure location outside the secure perimeter of the facility.
Any decision by ICE or other federal agencies to provide and/or direct emergency
assistance will be at the discretion of the Government. The Service Provider shall
reimburse the Government for any and all expenses incurred in providing such
assistance.

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Attempts to apprehend any escapee(s) shall be in accordance with the Emergency
Plan, which shall comply with the 2011 PBNDS regarding Emergency Plans.
The Service Provider shall submit to the COR a proposed inventory of intervention
equipment (e.g., weapons, munitions, chemical agents) intended for use during
performance of this contract. The COR, prior to issuance of the NTP, shall provide
concurrence of the intervention equipment. The approved intervention equipment
inventory shall not be modified without prior written concurrence of the CO.
The Service Provider shall obtain the appropriate authority from state or local law
enforcement agencies to use force as necessary to maintain the security of the facility.
The use of force by the Service Provider shall at all times be consistent with all
applicable policies of the 2011 PBNDS on Use of Force.
K. Manage Computer Equipment and Services in Accordance with all Operational
Security Requirements
The Service Provider must comply with all federal security and privacy laws and
regulations established to protect federal systems and data. The Service Provider will
inform all personnel of the confidential nature of ICE detainee information.
The Service Provider will restrict access of data information pertaining to ICE
detainees to authorized employees with the appropriate clearance who require this
information in the course of their official duties. In accordance with the Freedom of
Information/Privacy Act (FOIAIP A), the Service Provider may not disclose
information obtained pertaining to ICE detainees to a third party without written
permission from the COR. The Service Provider is required to develop a procedural
system to identify and record unauthorized access, or attempts to access ICE detainee
information. The Service Provider will notify the COR and alternate COR within four
hours of a security incident.

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VI.

FACILITY SECURITY AND CONTROL

A. Security and Control (General)
The Service Provider shall maintain a copy of facility post orders for employee
review within the areas of assignment, and shall initiate responses to any incidents as
outlined in the post orders. The Service Provider employees shall write reports of
incidents as outlined in the post orders. The Service Provider shall operate and control
all designated points of access and egress on the site; such as, detainee housing units,
courtrooms, medical facilities, and hold rooms. The Service Provider shall inspect all
packages carried in or out of site in accordance with ICE procedures. The Service
Provider shall comply with ICE security plans.
The Service Provider shall comply with all the 2011 PBNDS pertaining to the
security and control of the detention facilities. The Service Provider will adhere to
local operating procedures within each facility.
B. Unauthorized Access
The Service Provider shall detect and detain persons attempting to gain unauthorized
access to the site(s) identified in this contract.
C. Direct Supervision of Detainees
The Service Provider shall provide supervision of all detainees in all areas, including
supervision in detainee housing and activity areas, to permit Detention Officers to
hear and respond promptly to emergencies.
D. Logbooks
The Service Provider shall be responsible to complete and document in writing, for
each shift, the following information in the logbooks:
1. Activities that have an impact on the detainee population (e.g., detainee
counts, shakedowns, detainee movement in and out of the site, and escorts to
and from court).
2. Shift activities (e.g., security checks, meals, recreation, religious services,
property lockers, medical visits).
3. Entry and exit of persons other than detainees, ICE staff, or Service Provider
Staff (e.g., attorneys and other visitors).
4. Fire drills and unusual occurrences.

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E. Records and Reports
The Service Provider shall furnish, on a daily basis, a manifest of all detainees
currently detained in the facility. The manifest shall contain the following information
for each detainee: "A" File Number (system of numbering supplied by ICE); office
received from; name; date of birth; gender; nationality; date of arrival; number of
days the detainee has been in the facility; and type of release, if applicable. The
Service Provider shall provide monthly status reports to the COR or alternate COR.
Such reports will include a monthly key indicator report, which indicates the key
personnel positions of the facility (e.g., position title, name of the employee,
vacancies and length of vacancies, dates of service, additional comments). These
monthly reports must be submitted to the COR or alternate COR by the fifth of each
month for the previous month's activities and staffing.
The Service Provider shall prepare required orders, instructions, and reports of
accidents, security violations, fires, and bomb threats. The reports shall be
maintained, on file, concerning all activities in connection with duties and
responsibilities for the services performed under this Agreement. All such records
must be kept using a system with a written policy, which allows the reports to be
made available to the Government for inspection. The Service Provider shall, at the
request of ICE, prepare any special or other reports, or issue further orders and
instruction as may be required in support of work within the scope of this Agreement.
The distribution, format, and time elements for these reports shall be directed by
Government requirements. All records and logs, required for operation and
performance of work under this Agreement, shall be made available to ICE at
Agreement completion. The Service Provider shall provide a detailed and
comprehensive inventory of records to be turned over to the Contracting Officer at
contract completion or contract termination. The written inventory shall be recorded
on Standard Form (SF) 135 or approved equivalent, Records Transmittal and Receipt,
and shall be consistent with the National Archives and Records Administration
(NARA) guidelines for inventoried records ( see:
http://www.archives.gov/frc/forms/sf-135-intro.html ). Inventory shall describe the
contents of a particular box of records and shall include record type and date of
records, and shall be consistent with NARA inventory requirements.
The SF - 135, Records Transmittal and Receipt, shall be itemized in sufficient detail
to provide program officials with the information required for researching or
retrieving retired records. Instructions for the level of detail required can be found on
the back of the SF- 135, Records Transmittal and Receipt (continuation), and the
Service Provider shall inventory the records to that level of detail.
F. Detainee Counts
The Service Provider shall monitor detainee movement and physically count
detainees as directed in the ICE Detentions Operations Manual and post orders. (For
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standards/2011/ ). All counts shall be documented in separate logs maintained in the
applicable locations where detainees are housed, control center, and shift supervisor's
office and shall be maintained for a minimum of 30 days.
G. Daily Inspections
The Detention Officers shall conduct daily inspections of all security aspects of the
site. They shall check all bars, locks, windows, walls, floors, ventilation covers, glass
panels, access plates, protective screens, doors, lights, and equipment for operational
wear and detainee tampering. The Detention Officers shall also report slippery floor
surfaces. This documentation shall be made daily in a logbook. Problems discovered
during these inspections shall be clearly identified in the documentation.
The Service Provider shall also notify the COR of any abnormalities or problems. The
Service Provider shall immediately notify the COR or alternate COR on duty of any
physical facility damage. Written documentation of any problem areas shall be
submitted to the COR by the end of the shift.
H. Control of Contraband
The Service Provider shall conduct searches for contraband at least once daily, in all
areas in which detainees have access. Searches shall be random and unannounced.
During the searches, detainee possessions shall be disturbed as little as possible.
Contraband items shall be immediately confiscated, logged into the Contraband
logbook in accordance with the 2011 PBNDS, and turned over to the COR or
alternate COR on duty. The Service Provider shall document records of the searches
in a logbook and forward a report to the COR within 24 hours after discovery of the
contraband items.
I. Keys and Access Control Devices
The Service Provider shall adhere to key control policies, in accordance with the 2011
PBNDS
Entrance Access Controls: The Service Provider shall operate and enforce the
personnel admitting and identification systems, and package inspection procedures in
accordance with security guidelines at the protected premises prescribed by the 2011
PBNDS.
The Service Provider may accept registered mail and parcels, in accordance with ICE
approved procedures. The Service Provider shall be responsible for the distribution of
all received mail and parcels.

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J. Control of Chemicals
The Service Provider shall adhere to, the 2011 PBNDS, ACA, and OSHA established
procedures, applicable laws, and regulations governing the storage and inventory of
all flammable, toxic, and caustic materials used for janitorial cleaning, laundry
maintenance, vehicle maintenance, and other applications.
K. Post Orders
The Service Provider shall develop post orders, policies and procedures, and
instructions necessary for proper performance at each duty post. Each post will have a
separate post order. The Service Provider is responsible for compliance with all such
orders, policies and procedures, and instructions. ICE shall approve all post orders
prior to implementation of them.
The Service Provider shall make post orders available to all Service Provider
employees. Each Service Provider Detention Officer shall certify, in writing, that he
or she understands and agrees to comply with all post orders, policies and procedures,
and instructions prior to being initially assigned to that post. The Service Provider
shall retain its employees' certifications and make them available to the COR upon
request.
L. Deviation from Prescribed Schedule Assignments
The Service Provider is authorized to deviate from the scheduled assignment when
unusual conditions or circumstances so demand, and if prior approval is received
from the COR. All deviations shall be recorded in the daily logbook. When the COR
is not available, the Service Provider shall notify the alternate COR immediately or as
soon as is practically possible.
M. Use of Force Policy
ICE restricts the use of physical force by Detention Officers to instances of justifiable
self-protection, protection of others, and protection of property and prevention of
escapes. Physical force may only be used to the degree necessary to safeguard the
well-being of the detainee(s) and others in the immediate area. The following policies
pertain to use of force:
1. The Service Provider shall adhere to the 2011 PBNDS on the use of deadly
and non-deadly force to include the use of intermediate and deadly weapons.
2. The physical force report shall include:
a. An accounting of the events leading to the use of force.
b. A precise description of the incident to include date, time, place,
type of force used, and reasons for employing force.
c. A description of the person (Detention Officers or detainees) who
suffered described injuries, if any, and the treatment given.
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d. A list of all participants and witnesses (Service Providers, detainees,
and ICE personnel) to incident.
3. The calculated use of force must be in accordance with the 2011 PBNDS
and requires, at a minimum, the following:
e. The formulation of an After Action Review Team..
f. An After Action Report submitted to the Field Office Director and
COR within 4 days of the incident, with corrective actions noted, if
applicable.
g. Video footage of the incident must be made available for potential
ICE review.
N. Use of Restraints Policy
The Service Provider shall comply with the 2011 PBNDS governing the use of
restraint equipment. Restraints shall never be applied as punishment nor shall they be
used for more time than is necessary. Restraints shall be used only as a precaution
against escape during transfer to prevent detainee self-injury, injury to others,
property damage, or for medical reasons under direction of the Health Authority.
Restraints consist of handcuffs, waist restraints, and leg restraints. When directed by
the COR, the Detention Officer may use Government-provided disposable nylon
straps in lieu of handcuffs or leg restraints in emergencies, mass arrest situations, or if
a detainee's wrists or ankles are too large for conventional restraints. ICE prohibits
the Service Provider from using all other restraint devices.
O. Intelligence Information
The Service Provider shall notify the COR or Alternate COR immediately on issues,
which could impact the safety, security, and the orderly operation of the facility.
P. Lost and Found
The Service Provider shall log and maintain all lost and found articles and shall report
all items to the COR or Alternate COR.
Q. Escapes
The Service Provider shall take all appropriate measures to prevent escapes. The
Service Provider shall notify the COR and Alternate COR immediately if an escape
or an attempted escape has occurred. The Service Provider shall provide the COR and
alternate COR with a written report prior to the end of the shift. The Service Provider
shall be held to the following standards concerning escapes:
1. The Service Provider assumes absolute liability for the escape of any
detainee in its control, subject to limitations delineated in item 5 below.
2. The Service Provider shall provide written policies and procedures
regarding the actions to be taken in the event of an escape. This document
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must include reporting requirements for all contract employees, escorts,
supervisors, and management personnel. These procedures must meet the
approval of the COR, be reviewed at least annually, and updated as
necessary.
3. Escapes shall be grounds for removing the responsible Service Provider
Employee(s) from duty if the Service Provider Employee(s) is/are
determined by the Service Provider or the COR to be negligent. Notice of
removal shall be provided to the Contracting Officer.
4. Corrective actions to prevent future escapes or attempted escapes shall be
taken immediately and verbally communicated to the COR for approval. A
written report of the remedial action shall be due to the COR within 24
hours of an escape or attempted escape.
5. ICE may make deductions due to nonperformance. It is specifically
understood and agreed that the Government may not reduce the Service
Provider’s invoice or otherwise withhold payment from or impose any
financial penalty upon the Service Provider based upon walk-away or
escapes from the facility, unless such walk-away or escapes are the result of
the Service Provider’s gross negligence, it being understood and agreed that
this is a secure facility.
R. Injury, Illness, and Reports
The Service Provider shall immediately assist employees, detainees, or others on the
premises in need of immediate help or who are injured or ill. Service Provider
employees shall provide first aid when necessary.
The Service Provider shall immediately notify the COR and alternate COR about all
incidents that result in physical harm to or threaten the safety, health, or welfare of
any person at the site including job-related injuries. If a detainee requires immediate
medical attention, the Detention Officer shall notify the medical provider as well as
the COR and alternate COR. The Service Provider shall submit a follow-up written
report to the COR within 24 hours of the occurrence. The Service Provider shall
cooperate with ICE in reviewing serious incidents. A serious incident means any
incident resulting in injury to a detainee, Service Provider staff, ICE staff, or property
damage.
The Service Provider shall submit a monthly injury report summary containing, but
not limited to, name, time/date, location, circumstances, care rendered, current status,
Worker's Compensation status, and reference to identification of initial report.

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S. Protection of Employees
The Service Provider shall develop plans that comply with ICE comprehensive plans
and procedures to safeguard employees against exposure of blood borne pathogens.
The ICE plan is based upon OSHA standards found in the Employee Occupational
Safety and Health (EOSH) Manual. (For additional information, please see
Occupational Exposure to Blood Bourne Pathogens, 29 CFR 1910.1030.)
T. Medical Requests
The Service Provider shall adhere to ICE policies and procedures regarding detainee
medical requests. Please see http://www.ice.gov/doclib/detentionstandards/2011/medical_care.pdf to view the 2011 PBNDS on Medical Care. If a
detainee requires emergency medical attention, the Detention Officer shall
immediately notify his or her Supervisor via radio or telephone. The Service
Provider's Supervisor will, in turn, notify the medical provider as well as the COR
and alternate COR.
U. Emergency Medical Evacuation
The Service Provider shall develop and implement written policies and procedures
that define emergency health care evacuation of detainees from within the facility.
V. Sanitation and Hygienic Living Conditions
The Service Provider shall comply with the requirements of the Occupational Safety
and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910
and 1926. The Service Provider shall comply with all applicable ICE, federal, state
and local laws, statutes, regulations, and codes. In the event there is more than one
reference to a safety, health, or environment requirement in an applicable, law,
standard, code, regulation, or ICE policy, the most stringent requirement shall apply.

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VII.

MANAGE A DETAINEE WORK PROGRAM

A. General
It will be the sole responsibility of ICE to determine whether a detainee will be
allowed to perform on voluntary work details and at what classification level. All
detainees shall be searched when they are returned from work details. Detainees shall
not be used to perform the responsibilities or duties of an employee of the Service
Provider. Detainees shall not be used to perform work in areas where sensitive
documents are maintained (designated ICE workspace). Custodial/janitorial services
to be performed in designated ICE work space will be the responsibility of the
Service Provider. Appropriate safety/protective clothing and equipment shall be
provided to detainee workers as appropriate. Detainees shall not be assigned work
that is considered hazardous or dangerous. This includes, but is not limited to, areas
or assignments requiring great heights, extreme temperatures, use of toxic substances,
unusual physical demands, and cleaning of medical areas.

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VIII.

HEALTH SERVICES
The Service Provider will provide all health and medical-related services for the facility, as
previously described in this PWS and in PBNDS 2011.
A. Manage a Detainee Death in Accordance with the 2011 PBNDS on Terminal Illness,
Advance Directives, and Death
The Service Provider shall fingerprint the deceased. Staff members performing the
fingerprinting shall date and sign the fingerprint card to ensure that a positive
identification has been made and file the card in the detainee's file.
If death is due to violence, accident surrounded by unusual or questionable
circumstances, or is sudden and the deceased has not been under immediate medical
supervision, the Service Provider shall notify the coroner of the local jurisdiction to
request a review of the case, and if necessary, examination of the body.
The Service Provider shall establish coroner notification procedures outlining such
issues as performance of an autopsy, which will perform the autopsy, obtaining state
approved death certificates, and local transportation of the body. The Service
Provider shall in cooperation with the Field Office representative, ensure the body is
turned over to the designated family member, the nearest of kin or the Consular
Officer of the detainee's country of legal residence.

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IX.

FOOD SERVICE

A. Manage Food Service Program in a Safe and Sanitary Environment
The Service Provider shall provide detainees with nutritious, adequately varied meals,
prepared in a sanitary manner while identifying, developing, and managing resources
to meet the operational needs of the food service program. The Service Provider shall
identify, develop, and manage food service program policy, procedures, and practices
in accordance with the provisions of the 2011 PBNDS on Food Service.

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X.

DETAINEE SERVICES AND PROGRAMS

A. Manage Multi-Denominational Religious Services Program
The Service Provider shall ensure detainees of different religious beliefs will be
provided reasonable and equitable opportunity to practice their respective faiths. The
religious services program will comply with all elements of the 2011 PBNDS on
Religious Practices and relevant federal statutes.
B. Provide for a Detainee Recreation Program
The Service Provider shall develop and ensure adequate and meaningful recreation
programs for detainees at the facility, consistent with the requirements of PBNDS
2011 Standard 5.4. In addition to the indoor and outdoor recreation areas, the facility
shall provide multi-purpose rooms in each housing unit that can be used for classes
and other programming, medical rounds, and for activities such as indoor table
games, watch TV, read, and generally interacting with other detainees in a relaxed
setting. Indoor recreation activities will be available in the housing units during both
the day and evening hours.
Indoor and outdoor areas will offer recreational equipment to provide aerobic and
strength conditioning. Outside recreation activities may include handball, volleyball,
basketball, soccer, or other activities appropriate to the needs of the population.
Subject to the security needs of the facility, and using the provisions of the PBNDS
2011 as a guide, detainees will be allowed ample access to the recreation areas within
the facility’s perimeter. .
All regular housing units at Imperial will have outdoor recreation available in the
attached outdoor recreation areas at a minimum from 8:00 a.m. to 11:00 a.m., from
12:30 p.m. to 3:30 p.m. and from 5:00 p.m. to 8:00 p.m. daily.

Time
0800-1100
1230-1530
1700-2000

Mon
ALL
ALL
ALL

Housing Unit Recreation
Tues
Wed
Thurs
Fri
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL
ALL

Sat
ALL
ALL
ALL

Sun
ALL
ALL
ALL

The main recreation yard will be open for outdoor recreation at a minimum from 8:00
a.m. - 11:00 a.m. for four housing units, and from 12:30 p.m. - 3:30 p.m. for the
remaining four housing units.

Time
0800-1100
1230-1530

Mon
1-4
5-8

Main Recreation Yard
Tues
Wed
Thurs
Fri
1-4
1-4
1-4
1-4
5-8
5-8
5-8
5-8

Sat
1-4
5-8

Sun
1-4
5-8

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C. Manage and Maintain a Commissary
A commissary shall be operated by the Service Provider as a privilege to detainees
who will have the opportunity to purchase from the commissary several times per
week. These items will not include those items prohibited by the Warden/Facility
Director. All items available at the commissary must be approved by the COR or
alternate COR. The commissary inventory shall be provided to the COR upon
request. The Service Provider may assess sales tax to the price of items, if state sales
tax is applicable.
Revenues are to be maintained in a separate account and not commingled with any
other funds. If funds are placed in an interest bearing account, the interest earned
must be credited to the detainees. Any expenditure of funds from the account shall
only be made with the approval of the Contracting Officer. Any revenues earned in
excess of those needed for commissary operations shall be used solely to benefit
detainees at the facility. Profits may also be used to offset commissary staff salaries.
The Service Provider shall provide independent auditor certification of the funds to
the COR every 90 days. At the end of the contract period, or as directed by the
Contracting Officer, a check for any balance remaining in this account shall be made
payable to the Treasury General Trust Fund and given/transmitted to the Contracting
Officer.
Detainees are permitted to receive funds from outside sources (i.e., from family,
friends, bank accounts). Outside funds or those generated from work may be used to
pay for products and services from the commissary.
D. Visitation
Visitation shall be provided within a designated area with hours of operation
throughout the week consistent with the PBNDS 2011. The facility shall provide
multi-purpose rooms for NGOs rights presentations [and EOIR LOP programs].
These rooms shall also be available for use by consular officials. Scheduled legal
visits will be available seven days a week.
Contact visitation and non-contact visitation will take place at a minimum from 11:00
a.m. through 7:00 p.m. from Thursday through Monday every week; holiday
visitation shall be allowed for those recognized holidays that fall on either Tuesday or
Wednesday.

Time
11001900

Mon
OPEN

Regular Visitation
Wed
Tues
Thurs
(Holidays (Holidays OPEN
Only)
Only)

Fri
OPEN

Sat
OPEN

Sun
OPEN

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E. Law Library
The Service Provider shall provide secure space within the secure perimeter, either a
dedicated room or a multipurpose room for computers, printers, books, and materials
to provide a reading area - "Law Library" - in accordance with the 2011 PBNDS on
Law Libraries and Legal Materials. Law library computers shall have internet access
to websites approved by ICE.
F. Library
The Service Provider shall provide secure space within the secure perimeter, either a
dedicated room or a multipurpose room for books and materials to provide a reading
area and detainees will be permitted to take books back to their housing area
consistent with safety and security requirements.
G. Barber Shop
A barber shop, designed and equipped in accordance with ICE standards, shall be
made available to ICE detainees.
H. Language Access
The Service Provider will ensure that applicable content of all instructions given to
ICE detainees and copies of the Detainee Handbook - as addressed in the PBNDS
2011 standards - are communicated to detainees in a language or manner that the
detainee can understand. All written materials provided to detainees shall generally be
translated into Spanish. Where practicable, provisions for written translation shall be
made for other significant segments of the ICE population with limited English
proficiency.
Oral interpretation or assistance shall also be provided to any ICE detainee who
speaks another language in which written material has not been translated or who is
illiterate.
I. Create and Manage a Detainee Representative Program
The Service Provider may create and manage a Detainee Representative Program.
Functioning separately from the Detainee Grievance Program, detainees elect
representatives from their living quarters to represent them in bringing issues forward
to staff and/or supervisors. A facility manager shall meet with detainee housing area
representatives on a scheduled basis to address detainee concerns.
J. Physical Plant
The facility operation and maintenance shall ensure that detainees are housed in a
safe, secure, and humane manner. All equipment, supplies, and services shall be
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Service Provider-furnished except as otherwise noted. The facility, whether new
construction expansion or an existing physical plant, shall be designed, constructed,
operated, and maintained in accordance with all applicable federal, state, and local
laws, regulations, codes, guidelines, and policies. In the event of a conflict between
federal, state, or local codes, regulations or requirements, the most stringent shall
apply. In the event there is more than one reference to a safety, health, or
environmental requirement in an applicable law, standard, code, regulation or
Government policy, the most stringent requirement shall apply.
The facility shall provide housing configurations commensurate with the security
needs of the population. A one year construction schedule is acceptable for new
physical plant requirements. The facility, whether new construction expansion or
existing physical plant, shall comply with 40 U.S.C. 619, which stipulates compliance
with nationally recognized codes and comply with the latest edition in effect on the
date of proposal submission of one of the following codes:
(1)
(2)
(3)
(4)

The International Building Code – 2006 Edition (Applicable Code for
Imperial County, California).
The Uniform Building Code (UBC), with the State of facility location's
Amendments;
The Building Officials and Code Administrators (BOCA) National Building
Code (NBC); or
The Standard Building Code (SBC).

In the event the jurisdiction in which the facility is located does not mandate use of
UBC, BOCA NBC or SBC, then the facility shall comply with the BOCA NBC.
Whether new construction expansion or existing physical plant, fire protection and
life safety issues shall be governed by the latest edition of the National Fire Protection
Association (NFPA) 101, Code for Safety to Life from Fire in Buildings and
Structures and applicable National Fire Codes (NFC). Should conflicts occur between
NBC and NFC, NFC shall apply. E.O. 12699 - Whether new construction expansion
or existing physical plant, the facility shall comply with the Seismic Safety of Federal
and Federally Assisted or Regulated New Building Construction. The seismic safety
requirements as set forth in either the 1991 International Conference of Building
Officials, the UBC, the 1992 BOCA, NBC (or the 1992 Amendments to the Southern
Building Code Congress) or SBC are the minimum standards. Should the code
applicable for the state in which the facility is located be more stringent than the other
codes set forth herein, the state code shall prevail.
The facility, whether new construction expansion or existing physical plant, shall
comply with the requirements of the Architectural Barriers Act of 1968 as amended
and the Rehabilitation Act of 1973 as amended. The standards for facility
accessibility by physically handicapped persons as set forth in "Uniform Federal
Accessibility Standards/Fed Std. - 795 4/01188 Edition" (UFAS) shall apply. All
areas of the buildings and site shall meet these requirements. Activities, which are
implemented, in whole or in part, with federal funds, must comply with applicable
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legislation and regulations established to protect the human or physical environment
and to ensure public opportunity for review. The Service Provider shall remain in
compliance with federal statutes during performance of the contract including, but not
limited to the following Acts: Clean Air, Clean Water, Endangered Species,
Resources Conservation and Recovery; and other applicable laws, regulations and
requirements. The Service Provider shall also comply with all applicable limitations
and mitigation identified in any Environmental Assessment or Environmental Impact
Statement prepared in conjunction with the contract pursuant to the National
Environmental Policy Act, 42U.S.C. 4321. The Service Provider shall be responsible
for and shall indemnify and hold the Government harmless for any and all spills,
releases, emission, disposal and discharges of any toxic or hazardous substance, any
pollutant, or any waste, whether sudden or gradual, caused by or arising under the
performance of the contract or any substance, material, equipment, or facility utilized.
For the purposes of any environmental statute or regulation, the Service Provider
shall be considered the "owner and operator" for any facility utilized in the
performance of the contract, and shall indemnify and hold the Government harmless
for the failure to adhere to any applicable law or regulation established to protect the
human or physical environment. The Service Provider shall be responsible in the
same manner as above regardless of whether activities leading to or causing a spill,
release, emission or discharge are performed by the Service Provider, its agent or
designee, a detainee, visitors, or any third party.
If a spill(s) or release(s) of any substance into the environment occur, the Service
Provider shall immediately report the incident to the COR or ICE designated official.
The liability for the spill or release of such substances rests solely with the Service
Provider and its agent.
A safety program shall be maintained in compliance with all applicable Federal, state
and local laws, statutes, regulations and codes. The Service Provider shall comply
with the requirements of the Occupational Safety and Health Act of 1970 and all
codes and regulations associated with 29 CFR 1910 and 1926.
Fire Alarm Systems and Equipment - All fire detection, communication, alarm,
annunciation, suppression and related equipment shall be operated, inspected,
maintained and tested in accordance with the most current edition of the applicable
NEC and Life Safety Codes. The Service Provider shall provide outside lighting
sufficient to illuminate the entire facility and secure perimeter with at least 1.5
candlepower per square foot in all areas.
For new construction expansion or existing physical plant, final and completed, the
Service Provider prior to issuance of the NTP shall submit design/construction
documents to the COR. For all new construction expansion, the construction schedule
shall be updated to reflect current progress and submitted to the COR on a monthly
basis. Government staff will make periodic visits during construction to verify
Service Provider progress and compliance with contract requirements. As-built
drawings and current drawings of the buildings and site utilities shall be maintained
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in a secure location during construction and contract performance. These updates
shall be provided to the COR within 30 days of any changes made. Site utilities
include, but are not limited to: water and sewer lines; gas lines; tunnels; steam lines;
chilled water lines; recording layouts; elevations; modifications; additions; etc. Two
copies of the as-built drawings shall be provided to the COR in AUTOCAD release
14.0 on a CD-ROM no later than 90 days after issuance of the NTP. Promptly after
the occurrence of any physical damage to the facility (including disturbances), the
Service Provider shall report such damage to the COR or ICE designated official. It
shall be the responsibility of the Service Provider to repair such damage, to rebuild or
restore the institution. A number of Government staff will be on-site to monitor
contract performance and manage other Government interests associated with
operation of the facility. Government staff will have full access to all areas of the
facility. Service Provider access to Government required space must be pre-approved
by the COR. In cases of emergency the Service Provider shall notify the COR
promptly.
When designing or acquiring any new facility and in planning any substantial
expansion or modification of an existing facility, the facility, as appropriate, shall
consider the effect of the design, acquisition, expansion, or modification upon its
ability to protect detainees from sexual abuse. When installing or updating a video
monitoring system, electronic surveillance system, or other monitoring technology in
an immigration detention facility, the facility, as appropriate, shall consider how such
technology may enhance its ability to protect detainees from sexual abuse.
The Service Provider, in accordance with its facility operation and maintenance, shall
ensure that detainees are housed in a safe, secure, and humane manner. All
equipment, supplies, and services shall be Service Provider-furnished except as
otherwise noted.
The facility shall be designed, constructed, operated, and maintained in accordance
with all applicable federal, state, and local laws, regulations, codes, guidelines, and
policies.
The Service Provider shall provide and maintain a perimeter patrol and an electronic
surveillance system, which will identify any unauthorized access to the institution’s
perimeter.
4. ICE IT Equipment: ICE shall provide and install IT equipment in office spaces for
ICE personnel only, to include computer workstations and screens, printers and fax
machines. All infrastructure and cabling shall be provided by the Service Provider in
accordance with the Structured Cable Plant Standard.
NOTE: ICE IT system must be a complete, independent and physically separate
system from the Service Provider’s IT system. The system shall serve all
operational components to include ICE, EOIR and OPLA.

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For further ICE and OPLA space requirements, please see Contract Detention
Facility (CDF) Design Standards for Immigration and Customs Enforcement
(ICE), May 14, 2007; addendums: ICE Cabling Standards; Phone Specifications.
Government space shall be climate controlled and located consistent with the
administrative office space for the Service Provider's staff. Government-occupied
space shall be separate from, but accessible to, detainee housing units and the
centralized visiting area. Government-occupied space shall also be secure and
inaccessible to Service Provider staff, except when specific permission is granted by
on-site ICE, or OPLA staff. The Service Provider shall be responsible for all
maintenance, security, and janitorial costs associated with space designated for
Government staff. The Service Provider shall provide no less than 85 on-site parking
spaces for Government use. The Service Provider shall ensure that video cameras
monitor hallways, exits, and common areas. A qualified individual shall be
responsible for monitoring this system inside and outside the building. Considering
that the videos will be recordings of residents who may be seeking asylum or other
considerations under U.S. immigration law, the Service Provider is required to
maintain the tapes and may not release them to anyone, unless approved by DRS. The
Service Provider shall develop a plan for keeping the videos for the duration of the
project period and destruction of them upon completion of the program.

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XI.

PROPERTY ACCOUNTABILITY

A. General
The Service Provider shall enact practices to safeguard and protect Government
property against abuse, loss, or any other such incidents. Government property shall
be used only for official business.
ICE shall maintain a written inventory of all Government property issued to the
Service Provider for performance hereunder. Upon expiration of this contract, the
Service Provider shall render a written accounting to the COR of all such property.
The Service Provider shall assume all risk, and shall be responsible for any damage to
or loss of Government furnished property used by Service Provider employees.
Normal wear and tear will be allowed. The Service Provider, upon expiration of
services, shall immediately transfer to the COR, any and all Government property in
its possession or in the possession of any individuals or organizations under its
control, except as otherwise provided for in this contract. The Service Provider shall
cooperate fully in transferring property to the successor Service Provider.
The Government shall withhold final payment until adjustments are made for any lost
property.
B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the
Government
The Government will furnish the following property at no cost to the Service
Provider:
I.

II.

III.

Copies of the detention standards cited in the PWS and one copy of all
pertinent operational manuals prior to starting work under the contract. The
Service Provider shall be responsible to duplicate these standards for
Service Provider employees.
Administrative forms, Equal Employment Opportunity, Occupational Safety
and Health Administration, Service Contract Act, Drug Free Posters, and
DHS OIG hotline poster, as required in this contract. As applicable DHS
work orders will be issued to the Service Provider via DHS Form 1-203,
Order to Detain or Release Alien.
ICE office space equipment, such as, but not limited to: office telephones,
copying machines, fax machines, computer equipment, and typewriters for
Government use. The Government shall be responsible for installation of
conduit and data lines within the dedicated Government office space, to
include the ICE and EOIR administrative phone system.

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XII.

FIREARMS / BODY ARMOR

A. Firearms Requirements
1.

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B. Body Armor Requirements

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EXHIBIT P

142

DR.OJGSA •I U-0001
l:"i WITNESS W11r.RF.oir, 1he undersigned, duly mnh1)ri2:ed officl!rs, hnve subscribed rheir muncs
on behalr of th~. County 1)f Or:mgii and Dr;partmenl C>f Homeland s~cnrity, U.S. bmnigr:ition and
Cusloms Enlorccmen1.

ACCEPT1W:

ACCEPTED:

U.S. l:nmigr.tticm and Customs Enfor<:l~ntc1tt

County of Orange

Bohhie Wright
Contrncling Officer

Rkk Dostal. Executive Dircclor
Shcrifrs Department

Bv;

.

. . . A"

,

t,.
dc....:..-....b..r.... .e. ./ ; ,,. t
.,<...1.A.,://''1.

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.

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Date:·-·-

J "".. i..t> ..,. J.12. __ .-.. -..

Jny 1.eFlc.nc, A!l!iistani Sheriff
Sheriffs Department
By:

;;;;;.:~/;;/).?~:·:·~:~:···"···.

Date: /

?~ ;.Jo#. /0 _

Robert C. G:ues> Deputy Agency Director
m:alth Care,~cncy

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1

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f;G () C«.~~..... .. _
/t t···. __ J_t// . .

Date; ... _ ......13" './ 0 ...............................
Michelle Aguirr~. Atlminisu-.itivc Manager
County Executive Office
fly:

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Dato: _____ '1, - ... clO. -iu ___ ............
APPll~l>A$ TOFOi<.M
OFfa Of 'I'll£ CCl-'lt'Y CCIUHUL

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u, ~,..1,,~(.(~
D•:

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DROIGSA-10-0001
IN WITNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names
on behalf of the County of Orange and Department of Homeland Security, U.S. Immigration and
Customs Enforcement.
ACCEPTED:

ACCEPTED:

U.S. Immigration and Customs Enforcement

County of Orange

Bobbie Wright
Contracting Officer

Rick Dostal, Executive Director
Sheriffs Department

By: _ _ _ _ _ _ _ _ _ __

By:

Date:

Date:

------------

----------

Jay LeFlore, Assistant Sheriff
Sheriff's Department
By:

r.

Date:

.

-----------

Robert C. Gates, Deputy Agency Director
Health Care Agency

By:
Date:

-----------

Michelle Aguirre, Administrative Manager
County Executive Office
By:
Date:

-----------

r
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190

DROIGSA-10-0001
IN WITNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names
on behalf of the County of Orange and Department of Homeland Security, U.S. Immigration and
Customs Enforcement.
ACCEPTED:

ACCEPTED:

U.S. Immigration and Customs Enforcement

County of Orange

Bobbie Wright
Contracting Officer

Brian Wayt, Senior Director
Sheriffs Department

B y : - - - - - - - -- -- - -

By:

/J.r:U~

Date: _ _ _ _ _ _ _ _ _ _ _ __

Date:

't;')~)J ~

q

Don Barnes, Assistant Sheriff

Sheriffs D C :nt
?
By

Date:

1,, ~f&,~
$'

/5/,S

Kimberly Pearson, RN, Deputy Agency
Director
Health Care Agenc

Michelle Aguirre, Chief Financial Officer
County Executive Office
By:
Date: _

f"c'{J (~t ~
_ ~ / \-- l( -5 _ __
_,__' 0__.__ _
~

APPROVED AS TO FOAM

f Off1CE OF THE COUNTY COUNSa
ORANGE COUNTY, CA!.IFORNIA

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