INFORMATION RESPONSIVE TO REQUEST

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INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
WASHINGTON, DC
AND

WILLIAMSON COUNTY, TEXAS
This Intergovernmental Service Agreement ("Agreement") is entered into between United States
Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and
Williamson County, Texas ("Service PrOVider") for the Residential care of alien females. 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 residents at the following institution(s):
T. Don Hutto Correctional Center
1001 Welch Street
Taylor, Texas 96574
The following constitute the complete agreement:
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INTERGOVERNMENTAL SERVICE AGREEMENT ("IGSA")
PROPOSAL, DATED 11/23/09 as revised (Incorporated by reference)
ATTACHMENT I-RESIDENTIAL STATEMENT OF WORK
ATTACHMENT 2-QUALITY CONTROL PLAN (to be inserted at time of award)
ATTACHMENT 3-QUALITY ASSURANCE SURVEILLANCE PLAN (wi PRS, CDR and
PMT)
ATTACHMENT 4-STAFFING PLAN (to be inserted at time of award)
ATTACHMENT 5-LABOR STANDARDS
ATTACHMENT 6-WAGE DETERMINATION Number 2007-0592, Rev 3, dated 30 Oct 2009
ATTACHMENT 7 - ICEIDRO FAMILY RESIDENTIAL STANDARDS ("FRS") (as modified)
(Incorporated by Reference).

IN WITNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names

on behalf of Williamson County arid Department of Homeland Security, U.S. Immigration and
Customs Enforcement.

ACCEPTED:

~ ;US:~~~4~rsEruorcement
Co~~cting Officer

Jerald H. Neveleff
Date: ;;)."') ~N 'l.,p r ~

ACCEPTED:
Williamson County, TX

~~~-Williamson County Judge
Print Name: Dan A. Gattis
Date: January 27,2010

DROIGSA-10-0002

Article I. Purpose
A. Purpose: The purpose of this Intergovernmental Service Agreement is to establish an
Agreement between ICE and the Service Provider for the detention and care of persons
detained under the authority ofImmigration and Nationality Act, as amended. All
persons in the custody of ICE are "Administrative Detainees". This term recognizes that
ICE residents are not charged with criminal violations and are only held in custody to
assure their presence throughout the administrative hearing process and to assure their
presence for removal from the United States pursuant to a lawful final order by the
Immigration Court, the Board ofImmigration Appeals or other Federal judicial body.
B. Responsibilities: This Agreement sets forth the responsibilities ofICE and the Service
Provider. The Agreement states the services the Service Provider shall perform
satisfactorily to receive payment from ICE at the rate prescribed in Article I, C.
C. Guidance: This is a fixed rate agreement, not a cost reimbursable agreement, with
respect to the residential day rate. ICE shall be responsible for reviewing and approving
the costs associated with this Agreement and subsequent modifications utilizing all
applicable federal procurement laws, regulations and standards in arriving at the
residential day rate.

Article II. General
A. Funding: The obligation ofICE to make payments to the Service Provider is contingent
upon the availability of Federal funds. ICE will neither present residents to the Service
Provider nor direct performance of any other services until ICE has the appropriate
funding or documentation in place to receive services. Orders will be placed under this
Agreement when specific requirements have been identified and funding obtained.
Performance under this Agreement is not authorized until the Contracting Officer issues
an order, in writing. The effective date of the Agreement will be negotiated and specified
in an order to this Agreement by the Contracting Officer. This Agreement is neither
binding nor effective unless signed by the Contracting Officer. Payments at the approved
rate will be paid upon the return of the signed Agreement by the authorized Local
Government official to ICE.
B. Subcontractors: The Service Provider shall notify and obtain approval from the
Contracting Officer if it intends to house residents in a facility other than the Facility
named in this Agreement. If either that facility or any future facility is operated by an
entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the
Service Provider. The Service Provider shall obtain the Contracting Officer's approval
before subcontracting the detention and care of residents to another entity. The
Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed
subcontractor. Upon approval by the Contracting Officer, the Service Provider shall
ensure that any subcontract includes all provisions of this Agreement, and shall provide
ICE with copies of all subcontracts. The subcontractor will be held to the same terms and
conditions as the Service Provider. All payments will be made to the Service Provider.
ICE will not accept invoices from, or make payments to a subcontractor.

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C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursable
agreement. This Agreement is permitted under applicable statutes, regulation, policies or
judicial mandates. Any provision of this Agreement contrary to applicable statutes,
regulation, policies or judicial mandates is null and void and shall not necessarily affect
the balance of the Agreement.
D. Use of Service Provider's Policies and Procedures: The Contracting Officer shall
approve Service Provider's policies and procedures for use under this Agreement. Upon
approval, the Service Provider can use its policies and procedures in conjunction with the
standards (as modified) that are mandated under this Agreement.
E. Notification and Public Disclosure: No public disclosures (i.e. press releases, press
conferences) regarding this IGSA shall be made by the Service Provider or any of its
contractors or subcontractors without the review and approval of such disclosure by ICE
Public Affairs and express permission granted by the ICE Contracting Officer.

Article III. Covered Services
Below are the general requirements under this Agreement. Specific requirements for the services
under this Agreement are stated in the attached Statement of Work. See Attachment 1.
A. Bedspace: The Service Provider shall provide female beds on a space available basis.
The Service Provider shall house all residents as determined within the Service
Provider's classification system. The residential daily rate is $95.20 (minimum guarantee
of 461 residents per day). For a population between 462 and 512, the residential bed day
rate is $95.20Ibed day. ICE shall not be liable for any failure to meet the population
guarantee if such failure directly results from an occurrence that impairs the ability to
utilize the facility's capacity, and such occurrence arises out of causes beyond the control
and without the fault or negligence ofICE. Such causes may include, but are not limited
to, acts of God or the public enemy, fires, floods, freight embargoes, court orders and
extraordinarily severe weather. This provision shall become effective only ifICE
immediately notifies the Provider of the extent and nature of the occurrence resulting in
the failure and takes all reasonable steps to limit any adverse effects required by the
occurrence.
B. Basic Needs: The Service Provider shall provide residents with safekeeping, housing,
subsistence, medical services that are not provided for elsewhere and other services in
accordance with this Agreement. In providing these services, the Service Provider shall
ensure compliance with all applicable laws, regulations, fire and safety codes, policies
and procedures. If the Service Provider determines that ICE has delivered a person for
custody to reside in the Facility who is under the age of eighteen (18) , the Service
Provider shall not house that person with adult residents and shall immediately notify the
Contracting Officer's Technical Representative ("COTR").
C. Interpretive Services: The Service Provider shall make special provisions for nonEnglish speaking, handicapped or illiterate residents. ICE will reimburse the Service
Provider for the actual costs associated with providing commercial written or telephone
language interpretive services. Upon request, ICE will assist the Service Provider in
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obtaining translation services. The Service Provider shall provide all instructions
verbally either in English or the residents' language, as appropriate, to residents who
cannot read. The Service Provider shall include the actual costs that the Service Provider
paid for such services on its monthly invoice. Except in emergency situations, the
Service Provider shall not use residents for translation services. If the Service Provider
uses a resident for translation service, it shall notify ICE within 24 hours ofthe
translation service.
D. Escort and Transportation Services: The Service Provider will provide, upon request and
as scheduled by the COTR or Contracting Officer, necessary escort and transportation
services for residents to and from designated locations. Escort services will be required
for escorting residents to court hearings; escorting witnesses to the courtroom and any
escort services as requested by an ICE judge during proceedings. Escort and
transp0l1ation services shall also include providing all such ground transportation
services as may be required to transp0l1 residents securely and in a timely manner.
Transportation and/or escort services may be required to transport residents from the
Facility to and from a medical facility for outpatient care. During all transportation
activities, at least one (1) transportation officer shall be of the same sex as the residents
being transported. The Service Provider shall use a communications system that has
direct and immediate contact with all transportation vehicles. Transportation and escort
services shall be provided in the most economical and efficient manner. The Service
Provider personnel provided for these services shall be of the same qualifications, receive
training, complete the same security clearances, and wear the same uniforms as those
personnel provided for in other areas of this Agreement. The Statement of Work shall
provide specific escort and transportation services unique for this Agreement.
Reimbursement will be in accordance with paragraph F below.
E. Guard Services: The Service Provider agrees to provide stationary guard services on
demand by the COTR or Contracting Officer and shall include, but is not limited to,
escorting and guarding residents to medical or doctor's appointments, hearings, ICE
interviews, and any other location requested by the COTR. Qualified personnel
employed by the Service Provider will perform such services. The Service Provider
agrees to augment such practices as may be requested by ICE to enhance specific
requirements for security, resident monitoring, visitation, and contraband control. Public
contact is prohibited unless authorized in advance by the COTR or Contracting Officer.
The Service Provider shall be authorized to provide at least one (1) officer for each
remote post, as directed by the COTR or Contracting Officer. Reimbursement will be in
accordance with paragraph F below.
F. Guard and transportation services performed under paragraphs D and E above shall be
denoted as separate items on submitted invoices. ICE agrees to reimburse the Service
Provider for stationary guard services provided at a negotiated rate of$15.20 per hour.
Any incurred overtime pay for such services will be reimbursed at the applicable
overtime rate of$20.19 per hour.
G. Provided there is a separately funded line item in the task order, transportation mileage
shall be reimbursed at the mileage rate established pursuant to the General Services
Administration (GSA)/federal travel allowance rate in effect at the time the Contracting
Officer signs the Agreement. Mileage shall be denoted as a separate item on submitted
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invoices. Any adjustments to this rate in accordance with GSA mileage rates will be
identified in the task order. Adjustments are not retroactive.
H. MedicallMental Health Care - All medical and mental health needs will be provided for
through the Division of Immigration Health Services ("DIHS"). The facility is
responsible for the provision of appropriate space and offices to support a medical clinic
operation.
I. Dental Care - The Service Provider retains the right to use a medical provider proposed
by the contractor or to use its own Medical Provider or it can use DIHS.

1. On-Site Dental Health Care: The Service Provider shall provide on or off-site access to
dental care for all residents 24 hours per day, 7 days per week. The Service Provider shall
furnish the residents instructions in his or her native language for gaining access to full
dental health services. DIHS is responsible for on-site health care services shall include
arrival screening, sick call coverage, provision of over-the- counter medications,
treatment of minor injuries (e.g. lacerations, sprains, contusions), treatment of special
needs and mental health assessments. The Service Provider shall ensure that its
employees solicit each resident for health complaints and deliver the complaints in
writing to the DIHS health care staff. The Service Provider is responsible for
transportation to and from all off-site appointments.

Article IV. Receiving and Discharging Residents
A. Required Activity: The Service Provider shall receive and discharge residents only to
and from properly identified ICE personnel or other properly identified Federal law
enforcement officials with prior authorization from DHS/ICE. Presentation of U.S.
Government identification shall constitute "proper identification." The Service Provider
shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7)
days per week. ICE shall furnish the Service Provider with reasonable notice of
receiving and discharging residents. The Service Provider shall ensure positive
identification and recording of residents and ICE officers. The Service Provider shall not
permit medical or emergency discharges except through coordination with on-duty ICE
officers.
B. Restricted Release of Residents: The Service Provider shall not release residents from its
physical custody to any persons other than those described in Paragraph A of Article IV
for any reason, except for either medical, other emergency situations, or in response to a
federal writ of habeas corpus. If a resident is sought for federal, state, or local
proceedings, only ICE may authorize release of the resident for such purposes. The
Service Provider shall contact the COTR immediately regarding any such requests.
C. Service Provider Right of Refusal: The Service Provider retains the right to refuse
acceptance or request removal of any resident exhibiting violent or disruptive behavior,
or of any resident found to have a medical condition that requires medical care beyond
the scope of the Service Provider's health care provider. In the case of a resident already
in custody, the Service Provider shall notify ICE and request removal of the resident from
the facility. The Service Provider shall allow ICE reasonable time to make alternative
arrangements for the resident.
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D. Emergency Evacuation: In the event of an emergency requiring evacuation of the
facility, the Service Provider shall evacuate residents in the same manner, and with the
same safeguards, as it employs for persons detained under the Service Provider's
authority. The Service Provider shall notify the Contracting Officer and COTR within
two (2) hours of evacuation.

Article V. Applicable Standards
A. The Service Provider is required to house resident and perform related detention services
in accordance with the most current edition of the ICEIDRO FRS (as modified). The
links to the ICEIDRO FRS can be found in Attachment 7. ICE Inspectors will conduct
periodic inspections of the facility to assure compliance with the ICEIDRO FRS.
B. The Service Provider shall certify to the Contracting Officer and COTR that its personnel
have completed all training as required by the ICE FRS, the Service Provider's own
manual (if it is approved for use by the Contracting Officer), and any additional training
as required in any manuals or detention standards referenced in this Agreement.

Article VI. No Employment of Unauthorized Aliens
Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the
Service Provider shall not employ aliens unauthorized to work in the United States. Except
for maintaining personal living areas, residents shall not be required to perform manual labor.

Article VII. Period of Performance
This Agreement shall become effective upon the date of final signature by the ICE
Contracting Officer and the authorized signatory of the Service Provider and will remain in
effect for a period not to exceed sixty (60) months unless extended by bi-Iateral modification
or terminated in writing by either party. Either party must provide written notice of
intentions to terminate the Agreement, 90 days in advance of the effective date of formal
termination, or the Parties may agree to a shorter period under the procedures prescribed in
Article X.

Article VIII. Inspections
The Facility and Service Provider's services shall be inspected in accordance with the
following procedures:
A. Definitions. "Services," as used in this clause, includes services performed,
workmanship, and material furnished or utilized in the perfonnance of services.
B. The Service Provider shall provide and maintain an inspection system acceptable to the
Government covering the services under this Agreement. Complete records of all
inspection work performed by the Service Provider shall be maintained and made
available to the Government during performance and for as long afterwards as the
Agreement requires.

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C. The Government has the right to inspect and test all services called for by the Agreement,
to the extent practicable at all times and places during the term of the Agreement. The
Government shall perform inspections and tests in a manner that will not unduly delay
the work.
D. If the Government performs inspections or tests on the premises of the Service Provider
or its subcontractor, the Service Provider shall furnish, and shall require subcontractors to
furnish, at no increase in the Agreement price, all reasonable facilities and assistance for
the safe and convenient performance of these duties.
E. If any of the services do not conform to the Agreement requirements, the Government
may require the Service Provider to perform the services again in conformity with the
Agreement requirements, at no increase in the Agreement amount. When the defects in
services cannot be corrected by re-performance, the Government may (1) require the
Service Provider to take necessary action to ensure that future performance conforms to
the Agreement requirements and (2) reduce the Agreement price to reflect the reduced
value ofthe services performed.
F. If the Service Provider fails to promptly perform the services again or to take the
necessary action to ensure future perfonnance in conformity with Agreement
requirements, the Government may (1) by contract or otherwise, perform the services and
charge to the Service Provider any cost incurred by the Government that is directly
related to the performance of such service or (2) terminate the Agreement for default.

Article IX. Inspection Reports
A. Inspection Report: The Inspection Report stipulates minimum requirements for fire/safety
code compliance, supervision, segregation, sleeping utensils, meals, medical care,
confidential communication, telephone access, legal counsel, legal library, visitation, and
recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as
required, to ensure an acceptable level of services and acceptable conditions of
confinement as determined by ICE. No notice to the Service Provider is required prior to
an inspection. ICE will conduct such inspections in accordance with the Inspection
Report. ICE will share findings of the inspection with the Service Provider's facility
administrator. The Inspection Report will state any improvements to facility operation,
conditions of confinement, and level of service that will be required by the Service
Provider.
B. Possible Termination: If the Service Provider fails to remedy deficient service ICE
identifies through inspection, ICE may terminate this Agreement without regard to the
provisions of Articles VII and X.
C. Share Findings: The Service Provider shall provide ICE copies of facility inspections,
reviews, examinations, and surveys performed by accreditation sources.
D. Access to Resident's Records: The Service Provider shall, upon request, grant ICE
access to any record in its possession, regardless of whether the Service Provider created
the record, concerning any resident held pursuant to this Agreement. This right of access
shall include, but is not limited to, incident reports, records relating to suicide attempts,
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and behavioral assessments and other records relating to the resident's behavior while in
the Service Provider's custody. Furthermore, the Service Provider shall retain all records
where this right of access applies for a period of two (2) years from the date of the
resident's discharge from the Service Provider's custody.
E. Resident Privacy: The Service Provider agrees to Comply with the Privacy Act of 1974
("Act") and the agency rules and regulations issued under the Act in the design,
. development, or operation of any system of records on individuals to accomplish an
agency function when the Agreement specifically identifies (i) the systems of records;
and (ii) the design, development, or operation work that the Service Provider is to
perform. The Service Provider shall also include the Privacy Act into any and all
subcontracts when the work statement in the proposed subcontract requires the redesign,
development, or operation of a system of records on individuals that is subject to the Act;
and
In the event of violations of the Act, a civil action may be brought against the agency
involved when the violation concerns the design, development, or operation of a system
of records on individuals to accomplish an agency function, and criminal penalties may
be imposed upon the officers or employees of the agency when the violation concerns the
operation of a system of records on individuals to accomplish an agency function. For
purposes of the Act, when the agreement is for the operation ofa system of records on
individuals to accomplish an agency function, the Contractor is considered to be an
employee of the agency.
1. "Operation of a system of records," as used in this clause, means performance of any
of the activities associated with maintaining the system of records, including the
collection, use, and dissemination of records.
2. "Record," as used in this clause, means any item, collection, or grouping of
information about an individual that is maintained by an agency, including, but not
limited to, education, financial transactions, medical history, and criminal or
employment history and that contains the person's name, or the identifying number,
symbol, or other identifying paIiicular assigned to the individual, such as a fingerprint
or voiceprint or a photograph.
3. "System of records on individuals," as used in this clause, means a group of any
records under the control of any agency from which information is retrieved by the
name of the individual or by some identifying number, symbol, or other identifying
particular assigned to the individual.
Article X. Modifications and Disputes
A. Modifications: Actions other than those designated in this Agreement will not bind or
incur liability on behalf of either Party. Either Party may request a modification to this
Agreement by submitting a written request to the other Party. A modification will
become a part of this Agreement only after the ICE Contracting Officer and the
authorized signatory of the Service Provider have approved the modification in writing.

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B. Changes.
(1) The Contracting Officer may at any time, by written order, and without notice to the
Service Provider, make changes within the general scope of this Agreement in anyone or
more of the following:
(a) Description of services to be performed, including revisions to the detention
standards;
(b) Quantity of services to be provided; or
(c) Place of performance of the services.
(2) If any such change causes an increase or decrease in the cost of the services under the
Agreement, the Contracting Officer shall make an equitable adjustment in the agreement
price and shall modify the Agreement accordingly.
(3) The Service Provider must assert its right to an adjustment under this Article within
30 days from the date of receipt of the written order including a proposal addressing the
cost impacts and detailed supporting data.
(4) If the Service Provider's proposal includes costs that are determined unreasonable
and/or unsupportable, as determined by the Contracting Officer, those costs shall be
disallowed when determining a revised rate, if any.
(5) Failure to agree to any adjustment shall be a dispute under the Disputes section of the
Agreement. However, nothing in this Article shall excuse the Service Provider from
proceeding with the Agreement as changed.
C. Disputes: The Contracting Officer and the authorized signatory of the Service Provider
will settle disputes, questions and concerns arising from this Agreement. Settlement of
disputes shall be memorialized in a written modification between the ICE Contracting
Officer and authorized signatory of the Service Provider. In the event a dispute is not
able to be resolved between the Service Provider and the Contracting Officer, the
Contracting Officer will make a decision. If the Service Provider does not agree with the
Contracting Officer's decision, the matter may be appealed to the ICE Head of the
Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods
available to resolve the dispute including alternative dispute resolution techniques. The
Service Provider shall proceed diligently with performance of this Agreement pending
final resolution of any dispute.

Article XI. RESIDENTIAL DAY RATE and ADJUSTMENT to the DAY RATE
A. Residential Day Rate: In consideration for the Service Provider's performance under this
Agreement, ICE shall make payment to the Service Provider for each resident accepted
and housed by the Service Provider in accordance with the rate under Article III,
paragraph A. This "residential day rate" is a per diem rate for the support of one resident
per day and shall include the day of arrival but not the day of departure.
B. The Service Provider, by execution of this Agreement, certifies that the pricing
established under this agreement is in compliance with OMB Circular A-87 and includes
only allowable costs of performance under this agreement.
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C. Basis for Price Adjustment: Any adjustment will be from the Service Provider's previous
fiscal year, based upon actual cost experience in providing the service and other factors
(i.e., changes in resident population, staffing changes as a result of this Agreement).
Adjustments are not retroactive.
D. ICE shall reimburse the Service Provider at the residential day rate stated in Article III,
paragraph A. The Parties may adjust the rate twelve (12) months after the effective date
of the Agreement and no sooner than every twelve (12) months. The Parties shall base
the cost portion of the rate adjustment on the principles of allowability and allocability as
set forth in OMB Circular A-87, federal procurement laws, regulations, and standards in
arriving at the residential day rate. The request for adjustment shall be submitted on an
ICE Jail Services Cost Statement. IfICE does not receive an official request for a
residential day rate adjustment that is supported by a completed Jail Services Cost
Statement, the residential day rate as stated in this Agreement will control.
E. ICE reserves the right to audit the actual and/or prospective costs upon which the rate
adjustment is based. All rate adjustments are prospective. As this is a fixed rate
agreement, there are no retroactive adjustment(s).
F. Guard and transportation services shall be denoted as separate items on submitted
invoices. ICE agrees to reimburse the Service Provider for actual transportation and
stationary guard services at the rates under Article III, paragraph F. Adjustments are not
retroactive.
G. Provided there is a separately funded line item in the task order, transportation mileage
shall be reimbursed at the mileage rate established pursuant to the General Services
Administration (GSA)/federal travel allowance rate in effect at the time the Contracting
Officer signs the Agreement. The mileage rate for this Agreement is listed under Article
III, paragraph G. Adjustments are not retroactive.
Article XII. Enrollment, Invoicing, and Payment
A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with
the information needed to make all payments by electronic funds transfer (EFT). The
Service Provider shall identify its financial institution and related information on
Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment
Enrollment Form, or by registration in Central Contractor Registration (CCR,
www.ccr.gov). The Service Provider shall submit a completed SF 3881 to ICE payment
office prior to submitting its initial request for payment under this Agreement. Ifthe EFT
data changes, the Service Provider shall be responsible for providing updated information
to the ICE payment office.

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B. Consolidated Invoicing - The Service Provider shall submit an original monthly
itemized invoice within the first ten (10) working days of the month following the
calendar month when it provided the services via one of the following three methods:
a. By mail:
DHS, ICE
Burlington Finance Center
P.O. Box 1620
Williston, VT 05495-1620
Attn: ICE-DRO-FOD-FAO Invoice
b. By facsimile (fax): (include a cover sheet with point of contact & # of pages)
802-288-7658
c. Bye-mail:
Invoice.Consolidation@dhs.gov
Invoices submitted by other than these three methods will be returned. The contractor's
Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration
(http://www.ccr.gov) prior to award and shall be notated on every invoice submitted to ICE to
ensure prompt payment provisions are met. The ICE program office shall also be notated on
every invoice.
Each invoice submitted shall contain the following information:
a. the name and address of the facility;
b. Invoice date and number;
c. Agreement number, line item number and, if applicable, the Task order number;
d. Terms of any discount for prompt payment offered;
e. Name, title, and phone number of person to notifY in event of defective invoice;
f. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this Agreement. (See paragraph 1 above.)
g. the total number of residential days;
h. the daily rate;
i. the total residential days multiplied by the daily rate;
j. the name of each ICE resident;
k. resident's A-number;
1. specific dates of detention for each resident;
m. an itemized listing of all other charges;
n. For stationary guard services, the itemized monthly invoice shall state the number of
hours being billed, the duration ofthe billing (times and dates) and the name of the
resident(s) that was guarded.
Items a. through i. above must be on the cover page of the invoice. Invoices without the
above information may be returned for resubmission.

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C. Payment: ICE will transfer funds electronically through either an Automated Clearing
House subject to the banking laws ofthe United States, or the Federal Reserve Wire
Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt
Payment Act requires ICE to make payments under this Agreement the thirtieth (30th)
calendar day after the ICE Deportation officelCOTR receives a complete invoice. Either
the date on the Government's check, or the date it executes an electronic transfer of funds,
shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest
on overdue payments to the Service Provider. ICE will determine any interest due in
accordance with the Prompt Payment Act.

Article XIII. Government Furnished Property
A. Federal Propelty Furnished to the Service Provider: ICE may furnish Federal
Government property and equipment to the Service Provider. Accountable property
remains titled to ICE and shall be returned to the custody ofICE upon termination of the
Agreement. The suspension of use of bed space made available to ICE is agreed to be
grounds for the recall and return of any or all government furnished property.
B. Service Provider Responsibility: The Service Provider shall not remove ICE property
from the facility without the prior written approval ofICE. The Service Provider shall
report any loss or destruction of any Federal Government property immediately to ICE.

Article XIV. Hold Harmless and Indemnification Provisions
A. Service Provider Held Harmless: ICE shall, subject to the availability of funds, save and
hold the Service Provider harmless and indemnify the Service Provider against any and
all liability claims and costs of whatever kind and nature, for injury to or death of any
person(s), or loss or damage to any property, which occurs in connection with or is
incident to performance of work under the terms ofthis Agreement, and which results
from negligent acts or omissions ofICE officers or employees, to the extent that ICE
would be liable for such negligent acts or omissions under the Federal Tort Claims Act,
28 USC 2691 et seq.
B. Federal Government Held Harmless: The Service Provider shall save and hold harmless
and indemnify federal government agencies to the extent allowed by law against any and
all liability claims, and costs of whatsoever kind and nature for injury to or death of any
person or persons and for loss or damage to any property occurring in connection with, or
in any way incident to or arising out of the occupancy, use, service, operation or
performance of work under the tenets of this Agreement, resulting from the negligent acts
or omissions of the Service Provider, or any employee, or agent of the Service Provider.
In so agreeing, the Service Provider does not waive any defenses, immunities or limits of
liability available to it under state or federal law. The Service Provider agrees to hold
harmless and indemnify DHS/ICE and its officials in their official and individual
capacities from any liability, including third-party liability or worker's compensation,
arising from the conduct of the Service Provider and its employees during the course of
transporting residents on behalf ofICE.

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C. Defense of Suit: In the event a resident files suit against the Service Provider contesting
the legality of the resident's incarceration and/or immigration/citizenship status, ICE
shall request that the U.S. Attorney's Office, as appropriate, move either to have the
Service Provider dismissed from such suit, to have ICE substituted as the proper party
defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the
decision on any such motion, ICE shall request that the U.S. Attorney's Office be
responsible for the defense of any suit on these grounds.
D. ICE Recovery Right: The Service Provider shall do nothing to prejudice ICE's right to
recover against third parties for any loss, destruction of, or damage to U.S. Government
property. Upon request of the Contracting Officer, the Service Provider shall, at ICE's
expense, furnish to ICE all reasonable assistance and cooperation, including assistance in
the prosecution of suit and execution of the instruments of assignment in favor ofICE in
obtaining recovery.

Article XV. IGSAlFinancial Records
A. Retention of Records: All IGSA and financial records including, but not limited to,
supporting documents, statistical records, and other records, pertinent contracts, or
subordinate agreements under this Agreement shall be retained by the Service Provider
for three (3) years after the expiration of the Agreement for purposes of federal
examinations and audit. If any litigation, claim, negotiation, audit, or other action
involving the records has been started before the expiration of the three (3) year period,
the records must be retained until completion of the action and resolution of all issues
which arise from it or until the end of the regular three (3) year period, whichever is later.
B. Access to Records: ICE and the Comptroller General of the United States, or any of their
authorized representatives, shall have the right of access to any pertinent books,
documents, papers or other records of the Service Provider or its subcontractors, which
are pertinent to the award, in order to make audits, examinations, excerpts, and
transcripts. The rights of access are not limited to the required retention period, but shall
last as long as the records are retained.
C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any
overpayment, or any breach of this Agreement that results in a debt owed to the Federal
Government. ICE shall apply interest, penalties, and administrative costs to a delinquent
debt owed to the Federal Government by the Service Provider pursuant to the Debt
Collection Improvement Act of 1982, as amended.

Article XVI. Maintain Institutional Emergency Readiness
A. The Service Provider shall submit an institutional emergency plan that will be operational
prior to start of the Agreement. The plan shall receive the concurrence of the Contracting
Officer prior to implementation and shall not be modified without the further written
concurrence of the Contracting Officer.
B. 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.
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DROIGSA-10-0002

C. 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 Agreement. At the discretion of ICE, these
employees would be required to respond to an institutional emergency at the Facility,
when necessary.
D. The emergency plans shall include provisions for emergency response by law
enforcement agencies. The Facility shall have a plan to provide actions to be taken to
ensure an immediate response by the nearest law enforcement agency who can provide
emergency services up to and including disturbance control.
E. Any decision by ICE or other federal agencies to provide and/or direct emergency
assistance will be at the discretion ofthe Government. The Service Provider shall
reimburse the Government for any and all expenses incurred in providing such assistance.
F. The Contracting Officer and COTR shall be notified immediately in the event of all
serious incidents. Serious incidents include, but are not limited to the following:
activation of disturbance control team(s); disturbances (including gqng activities, group
demonstrations, food boycotts, work strikes, work-place violence, civil
disturbances/protests); staff use of force including use oflethal and less-lethal force
(includes inmates in restraints more than eight hours); assaults on staff/residents resulting
in injuries requiring medical attention (does not include routine medical evaluation after
the incident); fights resulting in injuries requiring medical attention; fires; full or partial
lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared
or non-declared hunger strikes; adverse incidents that attract unusual interest or
significant publicity; adverse weather (e.g., hurricanes, floods, ice/snow storms, heat
waves, tornadoes); fence damage; power outages; bomb threats; central inmate
monitoring cases admitted to a community hospital; witness security cases taken outside
the facility; significant environmental problems that impact the facility operations;
transportation accidents (i.e. airlift, bus) resulting in injuries, death or property damage;
and sexual assaults.
G. Attempts to apprehend escapee(s) shall be in accordance with the Emergency Plan, which
should comply with ICE Detention Operations Manual regarding Emergency Plans.
H. The Service Provider shall submit to the COTR a proposed inventory of intervention
equipment (weapons, munitions, chemical agents, electronics/stun technology, etc.)
intended for use during performance of this Agreement. Prior to the start of this
Agreement, the Contracting Officer shall approve the intervention equipment. The
approved intervention equipment inventory shall not be modified without prior written
concurrence of the Contracting Officer.
I. 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 ofICE Family Residential Standards regarding Use of Force.

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DROIGSA-10-0002

XVII. Security Requirements
A. General
The Department of Homeland Security (DHS) has determined that performance of the tasks
as described in Agreement DROIGSA-I0-0002 requires that the Contractor, subcontractor(s),
vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and
that the Contractor will adhere to the following.
B. Suitability Determination
DHS shall have and exercise full control over granting, denying, withholding or terminating
unescorted government facility and/or sensitive Government information access for
Contractor employees, based upon the results of a background investigation. DHS may, as it
deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on
preliminary security checks. The favorable EOD decision would allow the employees to
commence work temporarily prior to the completion of the full investigation. The granting
of a favorable EOD decision shall not be considered as assurance that a full employment
suitability authorization will follow as a result thereof. The granting of a favorable EOD
decision or a full employment suitability determination shall in no way prevent, preclude, or
bar the withdrawal or termination of any such access by DHS, at any time during the term of
the contract. No employee of the Contractor shall be allowed to EOD and/or access sensitive
infonnation or systems without a favorable EOD decision or suitability determination by the
Office of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of
the Contractor shall be allowed unescorted access to a Government facility without a
favorable EOD decision or suitability determination by the OPR-PSU. Contract employees
assigned to the contract not needing access to sensitive DHS information or recurring access
to DHS ' facilities will not be subject to security suitability screening.

C. Background Investigations
Contract employees (to include applicants, temporaries, part-time and replacement
employees) under the contract, needing access to sensitive information, shall undergo a
position sensitivity analysis based on the duties each individual will perform on the contract.
The results of the position sensitivity analysis shall identify the appropriate background
investigation to be conducted. Background investigations will be processed through the
Personnel Security Unit. Prospective Contractor employees with adequate security
clearances issued by the Defense Industrial Security Clearance Office (DISCO) may not be
required to submit complete security packages, as the clearance issued by DISCO may be
accepted. Prospective Contractor employees without adequate security clearances issued by
DISCO shall submit the following completed forms to the Personnel Security Unit through
the COTR, no less than 5 days before the starting date of the contract or 5 days prior to the
expected entry on duty of any employees, whether a replacement, addition, subcontractor
employee, or vendor:
1.

Standard Form 85P, "Questionnaire for Public Trust Positions"
will be submitted via e-QIP (electronic Questionnaires for
Investigation Processing) (2 copies)

2.

FD Form 258, "Fingerprint Card" (2 copies)

3.

Foreign National Relatives or Associates Statement

Form

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DROIGSA-IO-0002

4.

DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports
Pursuant to the Fair Credit Reporting Act"

5.

Optional Form 306 Declaration for Federal Employment (applies to contractors as
well)

6.

Authorization for Release of Medical Information

Required forms will be provided by DHS at the time of award of the contract. Only complete
packages will be accepted by the OPR-PSU. Specific instructions on submission of packages
will be provided upon award of the contract.
Be advised that unless an applicant requiring access to sensitive information has resided in
the US for three of the past five years, the Government may not be able to complete a
satisfactory background investigation. In such cases, DHS retains the right to deem an
applicant as ineligible due to insufficient background information.
The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not
permitted in the performance of this contract for any position that involves access to DHS IT
systems and the information contained therein, to include, the development and / or
maintenance of DHS IT systems; or access to information contained in and / or derived from
any DHS IT system.
D. Continued Eligibility
If a prospective employee is found to be ineligible for access to Government facilities or
information, the COTR will advise the Contractor that the employee shall not continue to
work or to be assigned to work under the contract.
The OPR-PSU may require drug screening for probable cause at any time and/ or when the
contractor independently identifies, circumstances where probable cause exists.
The OPR-PSU may require reinvestigations when derogatory information is received and/or
every 5 years.
DHS reserves the right and prerogative to deny and/ or restrict the facility and information
access of any Contractor employee whose actions are in conflict with the standards of
conduct,5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of
compromising sensitive Government information to which he or she would have access
under this contract.
The Contractor will report any adverse information coming to their attention concerning
contract employees under the contract to the OPR-PSU through the COTR. Reports based on
rumor or innuendo should not be made. The subsequent termination of employment of an
employee does not obviate the requirement to submit this report. The report shall include the
employees' name and social security number, along with the adverse information being
reported.

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DROIGSA-10-0002

The OPR-PSU must be notified of all terminations/ resignations within five days of
occurrence. The Contractor will return any expired DHS issued identification cards and
building passes, or those of terminated employees to the COTR. If an identification card or
building pass is not available to be returned, a report must be submitted to the COTR,
referencing the pass or card number, name of individual to whom issued, the last known
location and disposition of the pass or card. The COTR will return the identification cards
and building passes to the responsible ID Unit.

E. Employment Eligibility
The contractor shall agree that each employee working on this contract will successfully pass
the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to
establish work authorization.
The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification
Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social
Security Administration (SSA) that allows participating employers to electronically verify
the employment eligibility of their newly hired employees. E-Verify represents the best
means currently available for employers to verify the work authorization of their employees.
The Contractor must agree that each employee working on this contract will have a Social
Security Card issued and approved by the Social Security Administration. The Contractor
shall be responsible to the Government for acts and omissions of his own employees and for
any Subcontractor(s) and their employees.
Subject to existing law, regulations and/ or other provisions of this contract, illegal or
undocumented aliens will not be employed by the Contractor, or with this contract. The
Contractor will ensure that this provision is expressly incorporated into any and all
Subcontracts or subordinate agreements issued in support of this contract.

F. Security Management
The Contractor shall appoint a senior official to act as the Corporate Security Officer. The
individual will interface with the OPR-PSU through the COTR on all security matters, to
include physical, personnel, and protection of all Government information and data accessed
by the Contractor.
The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and
facilities utilized by the Contractor in complying with the security requirements under this
contract. Should the COTR determine that the Contractor is not complying with the security
requirements of this contract, the Contractor will be informed in writing by the Contracting
Officer of the proper action to be taken in order to effect compliance with such requirements.
The following computer security requirements apply to both DepaItment of Homeland
Security (DHS) operations and to the former Immigration and Naturalization Service
operations (FINS). These entities are hereafter referred to as the Department.

G. Information Technology Security Clearance
When sensitive government information is processed on Department telecommunications
and automated information systems, the Contractor agrees to provide for the
administrative control of sensitive data being processed and to adhere to the procedures
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DROIGSA-IO-0002

governing such data as outlined in DHS IT Security Program Publication DHS MD
4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated
background investigations commensurate with the defined sensitivity level.
Contractors who fail to comply with Department security policy are subject to having their
access to Department IT systems and facilities terminated, whether or not the failure results
in criminal prosecution. Any person who improperly discloses sensitive information is
subjectto criminal and civil penalties and sanctions under a variety oflaws (e.g., Privacy
Act).

H. Information Technology Security Training and Oversight
All contractor employees using Department automated systems or processing Department
sensitive data will be required to receive Security Awareness Training. This training will be
provided by the appropriate component agency ofDHS.
Contractors who are involved with management, use, or operation of any IT systems that
handle sensitive information within or under the supervision of the Department, shall receive
periodic training at least annually in security awareness and accepted security practices and
systems rules of behavior. Department contractors, with significant security responsibilities,
shall receive specialized training specific to their security responsibilities annually. The level
of training shall be commensurate with the individual's duties and responsibilities and is
intended to promote a consistent understanding of the principles and concepts of
telecommunications and IT systems security.
All personnel who access Department information systems will be continually evaluated
while performing these duties. Supervisors should be aware of any unusual or inappropriate
behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or
other questionable security procedures should be reported to the local Security Office or
Information System Security Officer (ISSO).

XVIII. Quality Control (to be incorporated as Attachment 2 of the Agreement)
A. The Service Provider shall establish and maintain a complete Quality Control Program
(QCP) acceptable to the Contracting Officer, in consultation with the COTR, to assure
the requirements of this Agreement are provided as specified in the Performance
Requirement Summary (PRS)-Attachment 3.
The QCP shall:
1. Be implemented prior to the start of performance.
2. Provide quality control services that cover the scope ofthe Agreement and implement
proactive actions to prevent non-performance issues.
B. A complete QCP addressing all areas of Agreement perfonnance shall be submitted to
the COTR no later than 30 days after the Agreement effective date. All proposed
changes to the QCP must be approved by the Contracting Officer. The Service Provider
shall submit a resume of the proposed individual(s) responsible for the QCP to the
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DROIGSA-IO-0002

Contracting Officer for approval. The Service Provider shall not change the individual(s)
responsible for the QCP without prior approval of the Contracting Officer.
C. The QCP shall include, at a minimum:
1. Specific areas to be inspected on both a scheduled or unscheduled basis and the
method of inspection.
2. Procedures for written and verbal communication with the Government regarding the
performance of the Agreement.
3. Specific surveillance techniques for each service identified in the Agreement and
each functional area identified in the PRS.
4. The QCP shall contain procedures for investigation of complaints by the Service
Provider and Government staff and feedback to the Government on the actions taken
to resolve such complaints.
D. A file of all inspections, inspection results, and any corrective action required, shall be
maintained by the Service Provider during the term of this Agreement. The Service
Provider shall provide copies of all inspections, inspection results, and any corrective
action taken to the COTR and Contracting Officer.
E. Failure by the Service Provider to maintain adequate quality control can result in
monetary deductions based upon the schedule of deductions incorporated herein.

XIX. Contracting Officer's Technical Representative (COTR)
A. The COTR shall be designated by the Contracting Officer. When and if the COTR duties
are reassigned, an administrative modification will be issued to reflect the changes. This
designation does not include authority to sign contractual documents or to otherwise
commit to, or issue changes, which could affect the price, quantity, or performance of this
Agreement.
B. Should the Service Provider believe they have received direction that is not within scope
of the Agreement; the Service Provider shall not proceed with any portion that is not
within the scope of the Agreement without first contacting the Contracting Officer. The
Service Provider shall continue performance of efforts that are deemed within scope.

XX. Labor Standards and Wage Determination
A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for
Federal Service Contracts, is here by incorporated into this Agreement at Attachment 5.
These standards and provisions are included in every contract over $2,500, or in an
indefinite amount, that is entered into by the United States, the principal purpose of
which is to furnish services through the use of service employees.
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DROIGSA-IO-0002

B. Wage Determination: Each service employee employed in the performance of this
Agreement shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe benefits determined by
the Secretary of Labor or authorized representative, as specified in any wage
determination attached to this Agreement at Attachment 6.

****************************************************************************
END OF DOCUMENT

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DROIGSA-IO-0002

Residential Care Facility
STATEMENT OF WORK
1.

Background

The U. S. Department of Homeland Security, Immigration and Customs Enforcement
(ICE), provides temporary shelter care for residents in its custody. This Statement of
Work (SOW) will describe the services and the manner in which these services are to
be provided. The Service Provider is responsible for compliance with this SOW.
2.

Objectives
a. The purpose of this SOW is to facilitate the provisions for the necessary
physical structure, equipment, facilities, personnel and services, to provide
a program oftemporary shelter care in a properly staffed and secure
environment, and other related services to residents who are currently held
in the legal custody of the ICE.
b.T he specific project goal is the provision of residential care and other
related services twenty-four (24) hours per day, seven (7) days per week,
to residents who are being held by ICE in administrative detention. These
individuals, although released to the physical custody of the Service
Provider, shall remain in the legal custody ofICE. Service delivery is
expected to be accomplished in a manner that is sensitive to the culture,
native language(s), and complex needs of this population. The alien
population will consist of adults eighteen (18) years of age and older. The
Service Provider should expect aliens from a number of ethnic
backgrounds and nationalities.
c. The Service Provider will implement the Performance Criteria, as stated in
Appendix A. The SOW contains a wide range of performance
requirements, references to Federal laws, and ICE Detention or
Residential Standards identified in this SOW as applicable to adult
residents, and requires adherence to applicable Federal and State laws and
requirements. The Performance Criteria section in Appendix A cites those
areas of performance that are deemed critically important and that must be
achieved to comply with the law and to safeguard and support residents'
health, safety, and well-being.
d.Notwit hstanding the establishment of selected tasks and deliverables as
formal Performance Criteria with corresponding outcomes, performance
indicators, and measurements, the Service Provider is obligated to perform
and fulfill all requirements ofthis contract and statement of work.

1
Attachment 1 to IGSA

DROIGSA-1O-0002

3.

Terms
a. Admission: A procedure that includes searching, photographing,
performing a medical and mental health and safety assessment, and
collecting personal history data. Admission also includes inventory and
storage of the individual's accompanying personal property.
b.Contr aband: Any item declared illegal by law or expressly prohibited by
ICE approved facility policies and procedures that is possessed by
residents or found within the facility.
c. Contracting Officer (CO): An employee ofICE responsible for the
complete conduct and integrity ofthe contracting process, including
administration after award. This is the only individual authorized to issue
changes to this contract.
d.Contr acting Officer's Technical Representative (COTR): An employee of
ICE responsible for monitoring all technical aspects and assisting in
administering the contract.
e.

Residential Subject Matter Expert (SME): An ICE subject-matter expert,
experienced in residential issues, who possesses knowledge of the 2000
National Detention Standards as well as the 2008 Performance-Based
National Detention Standards.

f.

Service Provider: The entity that provides the services described in this
statement of work.

g.Fi eld Office: One of a number ofICE offices nationwide with
responsibility over a specific area of operations for the office of Detention
and Removal Operations (DRO).
h.Family Residential Standards (FRS): A set of standards governing the
minimum requirements for the care and treatment of families that are
housed in an ICE residential facility while they await the outcome of their
immigration proceedings. For this SOW, the FRS are applicable with the
exception of any and all references to children, families, or educational
related activities.
i.

Grievance: A written complaint filed by a resident concerning personal
health/welfare or the operations and services ofthe facility.

J.

Health and Safety Assessment: A system of structured observations and
initial medical and health assessments to identify new arrivals who may
pose a health or safety threat to themselves or others.

2
Attachment 1 to IGSA

DROIGSA-1O-0002

k.In dividualized Needs Assessment/Service Plan: Includes (a) various initial
intake forms; (b) essential data relating to the identification and history of
the resident; (c) identification of the resident's special health and safety
needs, including any specific problem(s) which appear to require
immediate intervention; (d) a statement of religious preference and
practice; and (e) identifying information regarding immediate family
members, other relatives, or emergency contacts who may be residing in
the United States.

1. Medical/Mental Health Records: A separate set of records may be
maintained and secured by the Service Provider. These records shall
include, at minimum, the date and time of all medical examinations, and
copies of standing or direct medical orders to the facility staff. Although
medical records may be created and/or maintained by the Service
Provider, its sub-Service Provider, or any other third party, all such
records are the property ofICE and the Service Provider will provide
adequate space for storage of such records.
m. Policy/Standard: A definite written course or method of action which
guides and determines present and future decisions and action.
o. Restraint Devices: These include handcuffs, belly chains, leg irons,
straightjackets, flexi cuffs, soft (leather) cuffs, leg weights, and chemical
restraints. Staff may not use the restraints to lift or carry the resident. If
feasible, an assistive device (e.g., ambulatory chair, gurney) will be used
to help move a restrained resident. Staff may not use restraint equipment
or devices (e.g., handcuffs):
1) On a resident's neck or face, or in any manner that restricts blood
circulation or obstructs the resident's airways (e.g. mouth, nose,
neck, esophagus).
2) To cause physical pain or extreme discomfort. While some
discomfort may be unavoidable even when restraints are applied
properly, examples of prohibited applications include: improperly
applied restraints, unnecessarily tight restraints, "hog-tying," and
fetal restraints (cuffed in front with connecting restraint drawn-up
to create the fetal position).

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Attachment I to IGSA

DROIGSA-1O-0002

Continuum of Control:
1) Under no circumstances shall staff use force to
punish a resident.
2) Staff shall attempt to gain a resident's willing
cooperation before using force.
3) Staff shall use only that amount of force necessary
and reasonable to gain control of a resident.
p. Residential Standards: ICE intends to use a modified version of the FRS
as deemed applicable to this SOW. Once completed, this IGSA will be
modified to incorporate these Residential Standards. For the purposes of
this SOW, the following standards will apply:
1) FRS (Family Residential Standards): These standards are
applicable with the exception of any and all references to children, families, or
educational related activities. The review of these standards will give the
Service Provider an overview of the expected operational practices for this
SOW.
4.

Program Scope and Services

a.P rogram Scope
(l) The Service Provider shall ensure that the design and administration of
the Facility meets all applicable Federal, State, and local requirements
regarding the operation and occupancy use of a residential center, and with
the requirements set forth in the SOW. It is the Service Provider's
responsibility to assume adequate and appropriate management oversight
for implementation and successful performance of this contract.
(2) Residents served by this IGSA are individuals who have allegedly
committed or have been convicted of the following: entering or attempting
to enter the United States in violation of law; or violating immigration
law. Residents may also be referred to ICE by State or local law
enforcement officials. These residents may be seeking some type of relief
from removal from the United States through an administrative process.
No alien who has a violent criminal history and/or violent criminal
sentences shall be admitted to this facility.
(3) Services shall be provided for the period beginning when the resident
enters the facility and ending when the ICE releases the resident, transfers
the resident to another facility, or removes the resident from the United
States.

4
Attachment 1 to IGSA

DROIGSA-IO-0002

(4) These individuals, although placed in the physical custody of the
Service Provider, remain in the legal custody of the ICE.
(5) The Service Provider shall ensure that the residents follow a structured
and integrated daily routine that shall include, but not be limited to, the
following services: recreation, life skills and/or voluntary work programs,
study period-clefined as quiet time with access to education materials,
counseling, group interaction, free time, and access to religious and legal
services, as well as other constructive programs to assist the resident upon
their departure from the facility and add to the overall quality oflife while
housed in the facility.
(6) Program rules and disciplinary procedures shall be written and/or
translated into a language or other manner understood by the residents and
appropriate for their level of comprehension. These rules shall be provided
to the residents and fully understood by all program staff.
(7) Program content and plans must accommodate adult individuals in
various stages of personal adjustment while in ICE custody, regardless of
length of stay
(8) The Service Provider shall implement and administer a case
management system whereby residents' cases are reviewed on a regular
basis, to occur bi-weekly at a minimum, to ensure that they are aware of
the full range of program services and are adapting as well as possible to
their environment.
(9) The Service Provider shall structure all programs and implement
strategies designed to prevent escapes and unauthorized absence of
individuals from the facility or programs provided by the facility, and to
protect against influences that may jeopardize the resident's well-being.
(10) ICE will work closely with the Service Provider to administer these
programs, in order to address the complex needs of individuals in ICE
custody and to ensure care and protection in a manner that meets the
mandates of current Federal law.

b. Program Services
The policy and procedure for all the services covered below shall be
submitted to and approved by ICE. The following is a description of
program services the Service Provider is required to provide:
(1) Care and Maintenance:_Proper physical care and maintenance,
including suitable living accommodations, food, appropriate clothing,
personal grooming items and hair care services, and personal allowance or
5
Attachment 1 to IGSA

DRorOSA-rO-0002

a voluntary work program shall be provided (outside of normal chores or
responsibilities) as defined by applicable standards.
(2) Medical/Mental/Dental Care: ICE retains the right to use a medical
provider proposed by the Service Provider or to use its own Medical
provider, the United States Public Health Service (USPHS), Division of
Immigration Health Services (DIHS). The cost component for health
services must be shown as a line item.

1) USPHS DIHS On-site Visits: The Service Provider shall
allow the MCC reasonable access to its facility for the
purpose ofliaison activities with the Service Provider's
Health Authority and associated staff and departments.
2) Bills for Services Requiring MCC Pre-Authorization:
The Service Provider and all other health care providers
shall send bills/claims for care which require preauthorization to:
United States Public Health Service
Division ofImmigration Health Services
1220 L Street, NW, PMB 468
Washington, DC 20005-4018
Phone: (703) 541-2155
Fax: (202) 318-0080
(3) Orientation - Upon admission, all residents must receive a
comprehensive orientation in their native language, or in a language or
manner they understand, regarding program content, services, rules
(written and verbal), expectations, and the availability of legal assistance.
Residents shall be provided a current list of pro bono legal service made
available by ICE.
(4) Case Management
(a) The Service Provider shall host weekly focus group discussions
to ensure residents are aware of all programs and services that are
available to them.
(b) Additional programs: The Service Provider shall provide
programs that include coping skills for non-criminal residents in a
crisis situation, and information regarding personal health and
hygiene. The programs will be voluntary in nature and may
coincide with weekly focus group discussions.

6
Attachment 1 to rOSA

DROIGSA-1O-0002

(c) Recreation and Leisure Time: The Service Provider shall
provide a separate and appropriate space for indoor and outdoor
recreation activities.
(5) Library Services: The Service Provider shall make library services
available to all residents. General reading material shall reflect diverse
interests and be appropriate for various levels of literacy, and be available
in languages accommodating resident's language needs and preferences.
Residents shall have access to legal materials explaining U.S. immigration
law and procedures in accordance with the applicable standards. ICE will
supply all necessary legal materials on CD-ROM. The Service Provider
shall develop policy and procedure for access to legal materials.
(6) Assignment ofIndividual Chores: The Service Provider shall develop
written procedures pertaining to chores or vocational assignments and
associated schedules. Chores will be limited to cleaning the immediate
area in which the residents sleep, to include residents making their own
beds. Light housekeeping of personal areas may be directed. The
Provider shall allow for a resident voluntary work program in accordance
with the applicable standards. The Service Provider shall provide to the
COTR weekly status of the volunteer work program to include volunteer
names and work details. Residents are not required to work and must be
compensated for work they elect to perform.
(7) Visitation: Visitation shall be conducted in accordance with the ICE
Family Residential Standards.
(8) Legal Services (Pro Bono)
(a) ICE will provide all residents with specific information
regarding the availability of free legal assistance, and will advise
each resident of the right to be represented by counsel at no
expense to the Government, and the right to a hearing before an
Immigration Judge.
(b) ICE will advise residents that they may apply for political
asylum or request voluntary departure in lieu of removal.
(c) Service Provider shall establish policy and procedures to assist
each resident in making confidential contact with attorneys or their
authorized representatives in accordance with applicable standards.
(9) Religious Services: Whenever possible, residents shall be afforded
access to religious services of their choice. A staff member shall be
assigned to coordinate services and community resources to meet the
religious needs of residents in accordance with ICE Family Residential
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Standards. Meals accommodating religious dietary restrictions shall be
provided.
(10) Grievance Procedures
(a) Service Provider shall provide a written policy and procedure
for the expression and resolution of resident grievances.
(b) Service Provider shall provide a viable complaint procedure in
accordance with applicable standards, as applicable. All formal
grievances shall be accessed first by the ICE local supervisor.
(c) The Service Provider shall stipulate in its handbook that
retaliation for filing a grievance is expressly prohibited.
(11) Rules and Discipline Procedures
(a) The Service Provider shall provide written rules and discipline
procedures for ICE approval. The rules shall specifY acts
prohibited within the program and penalties that may be imposed
for various degrees of violation. The written rules are to be posted
in a conspicuous place, reviewed annually, and updated when
necessary.
(b) Policy and procedures must be in accordance with applicable
standards. Service Provider's policy shall be approved by ICE and
shall address acceptable and non-acceptable physical contact
among family members.
(c) The Service Provider shall provide all residents with all of the
rules for discipline and corrective action upon admission and such
rules shall be posted in the facility. Service Provider shall ensure
that the standards for rules and discipline shall be formulated.
(12) Food Services: Consideration as to types of meals, manner of meal
presentation, and access to salad/fruit bars and drink service shall include
self-service opportunities.
(a) All meals served shall be in accordance with State licensing
standards and shall take into account cultural, religious, or health
concerns of the residents. Service Provider shall submit a 35-day
cycle menu certified by a licensed dietitian for ICE approval.
Meals shall be palatable and served at the appropriate temperature,
and shall comply with the approved menu.

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(b) The Service Provider shall provide, taking into consideration
the above paragraph, a sack lunch for residents who are or will be
absent for any meal. Sack meals shall consist of the following:
1) One (1) Sandwich consisting of 2 ounces of protein, such
as beef, chicken, turkey, ham, tuna fish, or peanut butter
2) One (1) Set Condiments (mustard, mayonnaise, catsup,
salt and pepper, etc. when applicable)
3) One (1) Medium Fresh Fruit
4) One (1) Carton Milk/Juice 10%/Punch (8 oz.)
5) One (1) Napkin
Sack meals shall be individually wrapped to protect against
deterioration as well as to promote sanitation.
(13) Translators: The Service Provider is responsible for providing
translators or bi-lingual personnel for necessary communication with
residents who do not speak or comprehend the English language. Other
than in emergency situations, residents shall not be used for interpretation
or translation services. The Service Provider may utilize commercial
phone language interpretive services to fulfill this requirement.
(14) Clothing, Linens, and Bedding
(a) The Service Provider shall allow residents to retain up to ten
(10) sets of personal (i.e., not issued) clothing while housed at the
facility, including pajamas, undergarments, at any given time for
use while at the facility. Clothing is required to be appropriate and
meet general modesty requirements.
(b) The Service Provider shall distribute adequate weatherappropriate clothing, including undergarments, and footwear to
any resident who does not have clothing. Clothing shall not be
institutional in nature, and shall meet community standards. The
Service Provider is responsible for issuing policy and procedures
to ensure residents have adequate clean clothing at all times, which
at a minimum will be two (2) sets of clothing per person per day.
(c) All linens, bedding, and mattresses shall be provided and
cleaned by the Service Provider, in accordance with State
standards, and approved facility policy. The material of these
items shall be fire-retardant.

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(15) Mail and Baggage Inspections: The Service Provider shall provide
written policies and procedures governing packages, baggage, or any
correspondence which shall be available to the residents. These policies
and procedures shall be in accordance with ICE Family Residential
Standards.
(16) Daily Program Activity Schedule: The Service Provider shall develop
a weekly schedule of all program activities. The schedule shall show on a
daily basis (Sunday through Saturday) the activity, location, supervisor,
and any limitation on the number of participants. The facility Program
Director shall review the activity schedule and forward it to the ICE Office
of Detention and Removal for approval.
(17) Admissions Procedures: The Service Provider shall have uniform
admission procedures for residents that shall ensure, at a minimum, that
the Service Provider:
(a) Verifies that all official documents accompanying each resident
are complete and accurate, to ensure accurate resident
identification.
(b) Conducts, for all residents and in a language or other manner
they understand, a comprehensive verbal orientation regarding the
program and services, and documents completion of this
orientation by having both the resident and the intake staff person
sign and date a statement to that effect. This orientation shall
include the program's basic rules, regulations, and procedures, and
any actions that may result in disciplinary sanctions.
(c) Issues a receipt for all cash and other property taken from the
resident upon admission, and prepares an inventory of that
property, which the resident signs and retains in accordance with
the attached ICE Family Residential Standards. This record shall
be supplemented for any additional property the resident receives
during his or her stay at the facility. The Service Provider shall
provide a secured space for the property.
(d) Ensures that all residents shower upon admission. At which
time a body chart is prepared to reflect any tattoos, birth marks,
injuries, bruises, or evidence of contraband, etc., and the resident
will receive clean clothing (if needed), bedding, and personal
hygiene items. NOTE: Only female staff shall be assigned to
housing units; male staff must knock and announce their presence
before entering.
(e) Ensures that all residents receive a complete medical and
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mental health and safety assessment (including lice screening)
upon admission; a complete medical examination by a licensed
physician or physician's assistant within 14 days from the first
workday after admission (unless the alien received a medical
examination from the transferring ICE facility, and documentation
of such is provided).
(f) An admission packet shall be completed and include all items
required by applicable standards. Admission processes for a newly
admitted resident include, but are not limited to:
1) Recording basic personal information;
2) Results of Criminal history check;
3) Photographing and fingerprinting, including notation of
identifying marks or other unusual physical
characteristics;
4) Medical and mental health screenings;
5) Inventory of personal property.
(18) Individual Resident Case Records: Any records created and/or
maintained by the Service Provider, its sub-provider(s), and/or any third
party are the sole property ofICE and shall be accessed or released upon
request by ICE.
(a) The Service Provider shall develop, maintain, and safeguard
individual resident case records. The Service Provider shall
develop a system of accountability that preserves the
confidentiality of resident information and protects the records
from unauthorized use or disclosure.
(b) At a minimum, individual resident case records must include
the following information:
1) name and alien registration number;
2) initial screening and intake forms;
3) case information from the referral source;
4) comprehensive assessment;
5) medical/dental files (must be maintained separately);

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6) medical consent form;
7) individual service plans and case notes;
8) progress reports;
9) program rules and disciplinary policies;
10) copies of disciplinary actions;
11) referrals to other service agencies;
12) receipt and inventory of cash and personal property;
13) any other relevant information; and
14) any additional requirements by the State.
(19) Cash Procedures: The following procedures shall be followed to
maintain accountability of each resident's cash and other valuables. All
procedures shall be in accordance with the applicable standard.
(a) A log shall be maintained showing all deposit and withdrawal
activity (e.g., cash, jewelry). The log shall include cash amount or
item, date, resident's signature, preparing staffs signature, as well
as a running balance of all cash transactions.
(b) A receipt voucher/request system shall be used for each cash
transaction. The receipt voucher shall be signed by the person
preparing the transaction, the resident, and the supervising staff
person on duty. A copy shall be given to the resident and one shall
be maintained in the resident's case file.
(c) Checks shall be maintained in the property bin.
(d) All valuables shall be maintained in a secured safe and all
funds shall be maintained in a non-interest bearing bank account.
(21) Remote Custody and Transportation Services: The Service Provider
shall provide policy and procedures on remote custody and transportation
services for approval by the Contracting Officer.

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(a) Remote Custody Services
1) The Service Provider shall provide, under the direction
of the COTR, remote custody services as may be required.
The Service Provider shall be reimbursed for these services
only when such services are directed by the COTR. The
Service Provider shall not abandon any facility assignment
to perform remote custody services.
2) Duties and responsibilities ofthis function shall be to
remain with the resident at medical appointments, medical
facilities to which the resident has been admitted, or at
other locations as directed in writing by the COTR.
3) The Service Provider shall authorize one facility staff
person ofthe same gender as the resident for each such
remote custody service, unless additional facility staff
persons are required at the discretion of the COTR.
(b) Transportation Services
1) The Service Provider shall provide transportation
services as may be required to transport residents securely,
in a timely manner, to locations as directed by the COTR.
2) The Service Provider shall perform medical
transportation as needed, weekly, using two (2) staff
persons per run, one (1) of which must be the same gender
as the resident being transported.
3) The Service Provider shall furnish sufficient vehicles in
good repair and suitable, as approved by the ICE, to safely
provide the required transportation service. The Service
Provider shall not allow employees to use their privately
owned vehicles to transport residents.
4) Transportation routes and scheduling shall be
accomplished in the most economical manner as approved
by the COTR.
(c) The Service Provider personnel provided for the above
transportation services shall be of the same qualifications, receive
the same training, and complete the same security clearances as
those Service Provider personnel provided for in the other areas of
the contract.

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(d) The Service Provider shall, upon order of the COTR, or upon
his/her own decision in an urgent medical situation, transport a
resident to a hospital location. A facility staff person shall keep
the resident under constant supervision 24 hours per day until the
resident is ordered released from the hospital, or at the order ofthe
COTR. ICE requires one staff person for escorting; any cost
associated with additional escort staff as required by CCA will be
absorbed by CCA. The Service Provider shall then transport the
resident to the facility.
(e) When the COTR provides documents to the Service Provider
concerning the resident(s) to be transported and/or escorted, the
Service Provider shall deliver these documents only to the named
authorized recipients. The Service Provider shall ensure the
material is kept confidential and not viewed by any person other
than the authorized recipient.
(f) The Service Provider shall establish a communications system
that has direct and immediate contact with all vehicles and remote
custody assignments. Upon demand, ICE will be provided with
current status of all vehicles and remote custody assignment
employees.

c. Rights of Residents
(1) Each resident is to enjoy a reasonable right to privacy, which shall
include but not be limited to the right to:
(a) Wear personal clothes, when available and appropriate;
(b) Retain a private space in the facility for the storage of personal
belongings;
(c) Talk privately on the phone, as permitted by the applicable
standards;
(d) Visit privately with legal counsel as permitted by the applicable
standards;
(e) Receive other visits as approved by ICE and monitored by
facility staff; and
(f) Receive and send mail in accordance with applicable standards.
(g) Have clean potable water to drink during each meal.
(h) Be informed of the facilities orientation, the Resident
Handbook, and all other facility information in a language or
manner they can understand.
(2) The Service Provider shall establish a policy and procedure that shall
provide each resident freedom from discrimination based on race, religion,

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national origin, sex, handicap, or political beliefs.
(3) The Service Provider shall ensure that all residents have equal
opportunities to participate in activities and receive services offered by the
program, and ensure equal access to various services and work
assignments, as appropriate.
5)

Program Management

a.Organ izational Structure and Coordination
(1) The Service Provider shall prepare and submit all policies, plans
and procedures required by this statement of work to ICE for review
and approval in accordance with Section F, Oeliverables, of this
agreement prior to implementation. The Service Provider shall provide
a system ensuring that all written policies, plans, and procedures are
reviewed at least annually and updated as necessary. The Service
Provider shall provide written certification that the review has been
conducted. No policy, plan, procedure, or any change under this
contract shall be implemented prior to the written approval of the
Contracting Officer in conjunction with review and approval from the
ICE ORO.
(2) The Service Provider shall have operative plans that identify
organizational structures, lines of authority, and lines of responsibility.
Service Provider shall also maintain and administer comprehensive
plans that facilitate and enhance intra-program and intra-organizational
communication, as appropriate. At minimum, programs must ensure
weekly staff meetings to discuss individual service plans, progress,
and daily schedules. The Service Provider shall maintain working
relationships and liaisons with appropriate community organizations
and the ICE.
(3) The Service Provider will provide an overall Quality Assurance
Plan (QAP) and audit, for approval, that addresses critical and
measurable operational performance standards for the services
required under this contract. The Service Provider shall incorporate in
the QAP a periodic system that reviews and updates the changes to all
policies, plans and procedures. The QAP shall include a monthly audit,
as directed by ICE, which shall include the performance review of the
facility operations for compliance with the QAP and with the
requirements of this contract. This QAP and audit will be separate and
apart from any internal or external audits conducted by ICE or a
contractor of ICE. The Service Provider shall notify ICE 24 hours in
advance of the audit to ensure the COTR is available to participate.
The Service Provider's QAP shall be capable of identifying
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deficiencies, appropriate corrective action(s) and timely
implementation planes) to the Contracting Officer.
(4) The Service Provider shall identifY measures they will take or have
taken to assure and maintain community receptivity and support and/or
reduce community opposition to the program.

b. Media and Organizational Inquiries
The Service Provider shall refer all media inquiries to ICE. The Service
Provider shall not, without prior approval from ICE, provide any
information to the press concerning this IGSA. The Service Provider shall
immediately notifY the local ICE site supervisor of any media or
organizational inquiries.

c. Personnel/Staffing
(1) Prior to the hire of any key personnel, the Service Provider shall obtain
written concurrence from the ICE Contracting Officer, and shall submit to
the Contracting Officer a request for the review and approval of the job
description, resume, cover letter, application, and any other applicable
documents.
Key Personnel include but are not limited to the Facility Administrator,
Assistant Facility Administrator (as applicable), and Lead Program
Manager.
(2) Prior to any employee performing duties under this IGSA, the Service
Provider shall compile all documents and certifications that demonstrate
the employees' compliance with the terms and conditions for employment,
as required by this agreement, and provide them to the COTR. The Service
Provider shall obtain written approval from the COTR for each employee,
prior to assignment of duties.
(3) Programs shall ensure:
(a) One person identifiably responsible for the entire program and
its outcomes;
(b) Staffperson(s) identifiably responsible for the overall
coordination of services including the individual service plans and
the case management activities;
(c) Clear lines of authority and responsibility;

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(d) Professional staff available to provide program services
according to State standards;
(e) Staff available to provide structure and to coordinate and
deliver all services required of the program;
(f) Compliance of all staff responsible for direct resident
supervision with the employee educational and/or experience
levels that is commensurate with State standards;
(g) Male staff, including those assigned to that post, knock to
announce their presence prior to entering a housing unit;
(h) All movement and activity of residents throughout the facility
be supervised by staff responsible for direct resident supervision;
(i)

At no time shall there be all male or all female staff on duty.

G) Staff training is in accordance with State standards, meeting
minimum requirements ofICE residential standards for this SOW for
hiring and training (Staff Training). The Service Provider shall
submit a training policy and procedure including the standards.
Certification of employee training/refresher training shall be
provided to ICE annually. Staff is prohibited from providing any
legal advice or counsel to residents in its care, and is expressly
prohibited from hindering or interfering with a resident's custody
arrangements or in the execution of final immigration court orders;
(4) Service Provider Employee Conduct: The Service Provider shall
develop for its employees standards of employee conduct and specific
disciplinary actions that are consistent with the Federal Employee
Responsibilities and Conduct, 5 CFR Part 735. The Service Provider shall
hold his/her employees accountable for their conduct based on these
standards, which must include and are not restricted to the following:
(a) No Service Provider employees shall display favoritism or
preferential treatment to one resident, or group of residents, over
another.
(b) No Service Provider employees may deal with any resident
except in a relationship that will support the approved goals of the
facility. Specifically, staff members must never accept for
themselves or any members of their family, any personal (tangible
or intangible) gift, favor, or service from any resident or from any
resident's family or close associate, no matter how trivial the gift
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or service may seem, for themselves or any members of their
family. All staff members are required to report to the facility
director any violation or attempted violation of these restrictions.
In addition, no staff shall give any gift, favors, or service to
residents, their family, or close associates.
(c) No Service Provider employee shall enter into any business
relationship with residents or their families (selling, buying, or
trading personal property).
(d) No Service Provider employee shall have any outside or social
contact (other than incidental contact) with any resident, his/her
family, or close associates.
(e) The Service Provider shall report all violations or attempted
violations of the Standards of Conduct or any criminal activity to
the COTR. Violations may result in employee dismissal by the
Service Provider or at the discretion ofICE. Failure on the part of
the Service Provider to report a known violation or to take
appropriate disciplinary action against offending employee or
employees shall subject the Service Provider to appropriate action
up to and including termination of the contract for default.
(f) The Service Provider shall provide all employees with a copy of
the Service Provider's Standards of Conduct. All employees must
certiry in writing that they have read and understood these rules. A
record of this certificate must be provided to the COTR prior to the
employee's beginning work under this contract.
(5) Education and Background Requirements for Contract Residential
Officers
(a) The Service Provider is responsible for reviewing the standard
for hiring and training and for meeting the criteria set under that
standard for the various positions identified.
(b) At minimum, Service Provider employees shall possess a high
school diploma or GED certificate and have at least two (2) years
of experience that demonstrates the following:
1) The ability to greet and deal tactfully with the general
public.
2) A clear capability of understanding and applying written
and verbal orders, rules, and regulations. All personnel
shall be literate to the extent of being able to read and
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DROIGSA-1O-0002

interpret printed rules and regulations, detailed written
orders, and training instructions and materials, and must be
able to compose reports that contain the informational
value required by such directives.
3) Good judgment, courage, alertness, and an even
temperament, and shall render satisfactory performance by
conscientiously acquiring a good working knowledge of
his/her position responsibilities.
4) The ability to maintain poise and self-control during
situations that involve mental stress; this entails being able
to withstand the excitement of fires, explosions, civil
disturbances, and building evacuations.
5) Staff hired to work in this residential facility shall be
screened to eliminate applicants with criminal history,
domestic violence history and/or sexual assault history.
(6) Removal from Duty
(a) The Service Provider shall immediately notify the COTR in
writing when learning of any adverse or disqualifying information
pertaining to any employee. If the Contracting Officer or COTR
receives disqualifying information on a Service Provider
employee, he/she shall direct that the Service Provider
immediately remove the employee from performing duties under
this contract or any other ICE contract. The Service Provider must
comply with all such directions. Disqualifying information
includes but is not limited to:
1) Conviction ofa felony, a crime of violence, or a serious
misdemeanor;
2) Possessing a record of arrests for continuing offenses;
3) Falsification of information entered on suitability forms.
(b) The Service Provider shall immediately notify the COTR in
writing when the employee is removed from duty. The Service
Provider shall comply with this direction. A determination of being
unfit for duty may be made from, but is not limited to, incidents
involving the most immediately identifiable types of misconduct or
delinquency as set forth below:

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1) Neglect of duty, including sleeping while on duty, failure to
exercise due diligence, causing unreasonable delays or
failures to carry out assigned tasks, conducting personal
affairs during official time, and refusing to render
assistance or cooperate in upholding the integrity of the
security program at the work sites.
2) 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.
3) Theft, vandalism, immoral conduct, or any other criminal
actions.
4) Selling, consuming, or being under the influence of
intoxicants, drugs, or substances which produce similar
effects.
5) Unethical or improper use of official authority or
credentials.
6) Unauthorized use of communication equipment or
Government property.
7) Violations of security procedures or regulations.
8) Recurring tardiness.
9) Possession of alcohol or illegal substances while on duty.
10) Undue fraternization with residents as determined by the
COTR.
11) Repeated failure to comply with visitor procedures as
determined by the COTR.
12) Performance, as determined by investigation by the
Contracting Officer, involving acquiescence, negligence,
misconduct, lack of diligence, good judgment, and/or
common sense resulting in, or contributing to, a resident
escape.
13) Failure to maintain acceptable levels of proficiency or
fulfill training requirements.

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(c) The Service Provider shall not assign nor permit any employee
to work under this contract more than a total of 12 hours of any 24hour period. This shall include time employed not within the scope
of this contract. All employees shall have a continuous eight (8)
hour rest period within each twenty-four (24) hour period. Should
situations arise where an employee is required for more than 12
hours, the Service Provider shall obtain prior approval from the
COTR. Exceptions shall only be granted on a case-by-case,
situation-dependent basis.
(d) The Service Provider shall immediately notify the COTR in
writing of any employee(s) terminations, suspensions, resignations,
or any other adverse personnel actions taken for any reason.
(e) The Service Provider is responsible for his/her employees
having identification credentials in their possession at all times
while performing under this contract. The Service Provider
credential required by ICE under this contract must contain the
following for each employee:
1) A photograph of the employee that is at least one inch
square. The photograph will show as a maximum, the head
and shoulders of the employee and will be no more than
one year old at the time the credential is issued.
2) A printed personal description consisting ofthe employee's
name, hair color, eye color and date of issuance.
3) Date of issuance.
4) Signature of the employee.
5) Identification of and validation by the issuing authority.
No credential shall be more than three (3) years old.
The Service Provider must void and immediately make the
appropriate disposition of all identification credentials upon
completion of assignments which result in termination of
employees under this contract.

e. Physical Facility Plant
(l) Program services shall be provided in the least restrictive environment
appropriate to the population and administered in a culturally sensitive

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manner. The Service Provider shall affirmatively demonstrate, through
appropriate documentation that all facilities, meet all applicable standards.
(2) The Service Provider shall provide regular and effective monitoring
and shall ensure that all residents are provided housing that meets or
exceeds the minimum design standards described in this document. State
licensing guidelines provide ample instruction on space, privacy, fire,
safety, and sanitation requirements. State licensing standards shall be
made part of the record submitted by the Service Provider to ICE. The
Service Provider shall provide the ICE Contracting Officer a copy of all
State-issued reports on the facility.
(3) The Service Provider shall establish and maintain a daily housekeeping
plan for the facility's physical plant. The Service Provider shall arrange
and manage periodic scheduled cleaning offioors, windows, furnishings,
fixtures, and grounds necessary to conform to applicable health and
sanitary requirements. All facility maintenance, including janitorial
service, is the sole responsibility of the Service Provider. The Service
Provider shall supply the COTR with a copy of the housekeeping plan and
any applicable updates.
(4) The Service Provider shall provide space and accommodations as
described in the attached Facility Design Standard.
(5) The Service Provider shall not change or modify any drawings,
schedules, specifications, or documentation provided under the
solicitation/contract, without prior written direction or approval of the
Contracting Officer.
f.

Emergency and Safety Requirements

(1) The facility shall comply with all applicable Federal, State, and
municipal sanitation, safety, and health codes. The Service Provider shall
provide copies of the certificate(s) which document the compliance with
these codes to the COTR prior to occupancy.
(2) The Service Provider shall provide written policy and procedure to the
COTR which specify the facility's locally approved fire prevention plan
and procedures to ensure the safety of staff, residents, and visitors. The
Service Provider shall provide documentation to the COTR of a fire and
safety inspection of the facility. ICE may perform inspections as deemed
necessary to assure compliance with all health, safety, and emergency
procedures.

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(3) The Service Provider shall ensure that the facility is a tobacco free
environment.
(4) The Service Provider shall prepare a written evacuation and alternate
staging plan for use in event of fire, major emergency, or facility
becoming unfit for its intended use. The Service Provider shall obtain
written certification from a fire department inspector that the evacuation
plan meets national fire safety codes. The Service Provider shall review
the plan annually, update as necessary, and reissue to the local fire
jurisdiction and the COTR, as well as ensuring awareness ofthe plan and
procedures by the staff and the residents.
(5) The Service Provider shall ensure that the facility has the fully
functional equipment necessary to ensure automatic transfer of services
for essential lights, power, and communications in an emergency to
include AIC and heating.
(6) The Service Provider shall ensure that the interior finishing materials
in living areas, exit areas, and places of public assembly conform to
recognized national safety codes.
(7) All electrical receptacle outlets shall be turned off in all bedrooms, or
shall be protected by electrical safety devices such as surge protection
switches or covers.
(8) All areas off-limits to residents must be locked when not in use.

g.P rogram Reporting Reqnirements
(1) Monthly Program Progress Reports are due the fifth workday after the
end of each month. These reports shall, at a minimum, provide
information regarding adjustments and progress made toward meeting the
specific goals and objectives of the contract. The Monthly Program
Progress Report shall include information describing a chronological
listing of all residents, including name, alien control number, date of
admission, end-of-month status, and date of discharge.

(2) The Service Provider, upon discovery, shall immediately notify the
applicable local ICE supervisor in charge of the facility verbally and
follow up in writing within 24 hours with a complete written report of any
change in the status or condition of any residenJ in care including the
following:

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(a) Any unauthorized absence of the resident;
(b) Contacts or threats by individuals believed to represent alien
smuggling syndicates or organized crime;
(c) Pregnancy of the resident;
(d) Childbirth by the resident;
(e) Hospitalization of, serious illness of, or serious injury to the
resident;
(f) Suicide or attempted suicide by the resident;
(g) Escape or attempted escape by the resident;
(h) Death of the resident;
(i) Hunger strike by the resident;

G) Arrest and/or incarceration of the resident;
(k) Commission of a major program offense;

(l) Any abuse or neglect incident dealing with a resident; and
(m) Unauthorized correspondence and/or contact with a resident.
(3) Procedures for reporting escapes or other unauthorized absences are as
follows:
(a) Report to local law enforcement authorities; and
(b) Report to local ICE supervisor in charge of the facility;
(c) Report to ICE/local law enforcement:
1) Name and alien registration number ofresident(s);
2) Physical description ofindividual(s)
3) Time of incident;
4) What occurred;
5) Any known calls or contacts made by resident prior to
escape;

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DROIGSA-IO-0002

6) Name, address, phone number of family;
7) Information regarding unusual behavior;
8) Any reason to believe that escape was involuntary;
9) Other law agencies notified and point(s) of contact.

h. Record Retention
(1) The Service Provider shall provide written plans, policies, and procedures
that describe the format and reporting criteria for all records and reports. The
Service Provider shall maintain all logs and records required both to operate
and document the operational and personnel aspects of the facility and to
comply with the requirements of this contract. All logs and records shall be
maintained at the facility in locked cabinets located within a properly secured
and controlled room. The room shall be located within the administrative area
or other approved area of the facility. ICE officials shall have the right to
inspect any and all records, upon demand, at any time during the term ofthe
contract or thereafter as specified below. All reporting requirements contained
within this contract shall comply with this paragraph.
(2) The Service Provider shall not destroy or alter any logs/records pertaining
to this contract. At the completion oftermination ofthis contract, the Service
Provider shall turn over all logs and records as directed by the Contracting
Officer.
6.

ICE Coordination
(1) ICE will be involved in the programmatic development and on-going
activities proposed and agreed upon in this IGSA. ICE will monitor and
evaluate the provision of services; and provide consultation regarding
programmatic issues or concerns, as needed.
(2) At time of placement in facility, ICE will provide the Service Provider
with appropriate available alien documentation.

7.

Operating Constraints
The following constraints are the statutory, regulatory, policy and operational
considerations that will or may impact the Service Provider. The Service
Provider is expected to become familiar with all constraints affecting the work
to be performed. These constraints may change over time; the Service
Provider is expected to be aware of any changes to the constraints and
perform in accordance with the most current version of the constraints.
Constraints include, but are not limited to:

25
Attachment 1 to IGSA

DROIGSA-1O-0002

(1)

Memoranda of Understanding between ICE and individual State and
local law enforcement jurisdictions may vary.

(2)

ICE resource constraints and funding may influence the activities and
breadth of the Performance-Based National Detention Standards.

(3)

Department of Homeland Security Management Directive (MD)
11042.1- Safeguarding Sensitive but Unclassified (For Official Use
Only) Information.

(4)

Department of Homeland Security Management Directive (MD)
11050.2 - Personnel Security and Suitability Program.

(5)

Other applicable Executive Orders and Management Directives.

(6)

Computer Security Act of2002.

(7)

The Patriot Act of 200 1.

(8)

The Illegal Immigration Reform and Immigrant Responsibility Act
(IIAlRA), P. L. 104-208.

(9)

Immigration and Nationality Act of 1952, as amended (P.L. 82-414)

(10) The Privacy Act of 1974, as amended (P. L. 5 U. S. C. 552a)
(11) Health Insurance Portability and Accountability Act of 1996 (P. L. 104191)
(12) Federal Acquisition Regulations (FAR) and Department of Homeland
Security Acquisition Regulations (HSAR)
(13) Applicable facility codes, rules, regulations and policies.
(14) Applicable Federal, State, and local labor laws and codes.
(15) Pre-clearance approvals are required for access to ICE field staff,
facilities and information.
(16) All applicable environmental requirements, including Executive Orders
and Management Directives.
(17) Existing lease agreements.
(18) DHS Non-Disclosure Agreement Requirement.

Statement of Work Performance Criteria
The COTR will monitor and evaluate the Service Provider's progress and
performance, including communications throughout the performance period,
completeness and quality of performance requirements, and timeliness and quality of
deliverables and services. All records, documents, programs and activities that the
Service Provider provides on behalf of residents shall comply with the applicable
Federal and State requirements, including those areas pertaining to medical,
education, admission processing, law enforcement, counseling, and legal services.

26
Attachment I to IGSA

DROIGSA-1O-0002

NOTE: The listing oftasks/deliverables in the chart below is not all-inclusive. It
signifies those tasks/deliverables that are deemed critically important and have
discreet performance indicators and measures. The Service Provider is obligated to
perform all tasks/deliverables contained in the contract.

Task/Deliverable

Performance
Indicators

How Measured

Facility opens on time.
Living quarters
accommodate alien family

COTR surveillance to
ensure timeliness in
facility opening and start-

in the Service Provider's
approved Program
Management Plan (or
proposal).

members as prescribed by
the SOW and standards.

up. Overall resident living
quarters meet contract
requirements. Processing,
release, transfer and
removal actions are

Each facility is a safe and

are met.

Required Outcomes

Ref. 4a. Proeram Scope
(1) Provide resident care
and other services in a

Facility will become
operational by the

resident care program.

approved start-up date(s)

State and local health and
safety codes and standards

executed in a timely
manner.

clean living environment
in which all the required
tasks and services are
delivered promptly and

The facility does not
violate State or local
building, health, or safety
codes. No more than 3
minor violations per year
are permitted. Each
violation is resolved
within the prescribed
allotted time frame. No
more than 1 major
violation per year is
permitted. A major
violation is one in which
there is an imminent
danger to staff and/or
residents that requires
immediate rectification.

accurately.

(5) The Service Provider
shall ensure that residents
follow an integrated and
structured daily routine
that shall include but not
be limited to the following
services: recreation, life
skills and/or chores, study

Residents' daily routines
include a well rounded and
productive activity
curriculum.

The daily curriculum for
residents includes
recreation, life skills,
counseling (if needed), and
access to religious and
legal services, if desired.

COTR inspections of
programs and resident
activities.
Resident surveys to
validate the availability,
use and quality of services.

27
Attachment 1 to IGSA

DROIGSA-IO-0002

Task/Deliverable

Required Outcomes

Performance
Indicators

How Measured

period, counseling, group
interaction, free time, and
access to religious and
legal services.
(9) The Service Provider
shall implement and
administer a case
management system that
tracks and monitors each
resident's progress on a
regular basis to ensure that
he/she receives the full
range of program services
in an integrated and
comprehensive manner.

Case files contain each
resident's enrollments in
activities, their progress
and achievements, health
care services, and other
relevant information.

All entries are accurate
and current. Law
enforcement, Privacy Act
and HIPAA-related
information are properly
safeguarded.

COTR inspections of case
files.

Records are secured in
accordance with computer
security and physical
security standards.

28
Attachment 1 to IGSA

DROIGSA-I0-0002

Ref. 4b Proe;ram Services
(1) Care and
Maintenance Proper physical care and
maintenance, including
suitable living
accommodations, food,
appropriate clothing,
personal grooming items
and hair care services, and
personal allowance or
remuneration for work
shall be provided (outside
of normal chores or
responsibilities) as defined
by applicable State
statutes.
(2) MedicallMentallDental
Care (see Statement of
Work for full text).

Living quarters, meals,
clothing, and personal care
services are in place and
available to all residents.

Each resident has his/her
own sleeping quarters,
meals, and essential
clothing, and is
remunerated for work
outside normal chores, as
applicable.

COTR inspections of
facilities and services to
residents.

Arrival screenings are
performed within the
prescribed six-hourfollowing-arrival time
frame.

Prompt screenings and
processing of new arrivals.

COTR inspections.

On-site health care is
available 24 hours per day,
7 days per week.

On-site health care is
accessible and available to
residents.

Instructions are in the
resident's native language.

Instructions are available
and clearly understood by
residents.

Access to an off-site
emergency medical care
service is arranged and in
place.

(6) Case Management (see
Statement of Work for full
text).

Resident surveys to
validate the availability,
use and quality of services

Information is validated
through resident surveys.

Emergency care is
provided when required.

Policies and procedures
for dispensing over-thecounter and Rx drugs and
special diets are in place.

Policies and procedures
are reviewed and approved
by the COTR

Individual service plans
are developed,
implemented, and
coordinated. Staff
members are qualified

Case files are maintained
and current. Residents'
safety, social, and cultural
needs are monitored and
addressed.

COTR inspections.

29
Attachment 1 to IGSA

DROIGSA-1O-0002

social workers or case
workers having the
necessary education and
training.

Staff members' credentials
are available for review.

5. Program Management
a Organization Structure
and Coordination

c. Personnel/Staffing

Policies, plans, and
procedures are timely
developed. They are
submitted for COTR
review annually.

Key personnel
qualifications are provided
and meet the criteria for
the personnel's position(s).

Policies, plans, and
procedures encompass all
program services and
program management
requirements.

Qualifications are
presented to the COTR for
review and approval prior
to placement.

Documents are on file with
the Service Provider and
available for COTR's
inspection.
Documents are submitted
annually as prescribed by
the Contract, Section F.
Key personnel
qualifications meet the
criteria for the personnel's
position(s).

30
Attachment 1 to IGSA

Corrections Corporation of America
(GSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

QUALITY CONTROL PLAN

Quality assurance (QA) will be a daily core activity of the facility utilizing a quality control plan
(QCP) that is fully consistent with the Statement of Work (SOW). The QCP for the facility will
provide the Government with the necessary level of assurance that all required programs and
services are being provided and that the safety and well-being of the detainees is ensured at all
times. CCA will use a multi-level approach to auditing and monitoring programs and operations
based on the following steps:
•

Developing, employing and modifying, as necessary, an effective and comprehensive
audit instrument;

•

Performing regular internal audits and self-monitoring;

•

Performing regular unannounced external audits using dedicated corporate office or
Facility Support Center (FSC) QA auditors who are subject matter experts in the areas
reviewed;

•

Preparing comprehensive audit reports; and

•

Ensuring comprehensive CCA corporate oversight and analysis of those audits and
corrective action where applicable.

CCA understands that auditing is an essential management tool that provides timely and essential
information on program performance. CCA also understands that the Government is required
under 31 U.S.C. § 3512 and OMB Circular A-123 to establish and maintain a process for
evaluating and improving internal control systems and assuring the Attorney General that the
agency is operating effectively, efficiently, and in compliance with applicable regulations.
CCA's QCP will work in conjunction with the Government's monitoring of the contract to
provide continuous quality assurance.

Quality Control Monitors and Supervisors
The importance of the independence and autonomy with which the QA Department must operate
is emphasized by the organizational placement of the QA Department within the Office of
General Counsel within the FSC. This ensures impartiality and eliminates any potential conflict
of interest in the reporting of operational audit findings to the OP.erations Divisions.
To ensure the complete implementation of the QA program, CCA will designate a corporate QA
, manager to assist the facility with the QCP and contract requirements. The corporate QA
manager, in conjunction with other corporate employees, will coordinate the internal QCP for the
facility, including scheduling of both internal and external audits, identifying audit team
members, and other logistical information. The corporate QA manager will provide external
auditors with summary materials regarding the facility, including:
•

Reports of prior audits;

•

Internal CCA data regarding systemic problems to be assessed at the facility;

•

Any assessment devices administered by the Government and made available to CCA;

•

Data from other information sources such as the GAO, OIG, new legislative regulations,
etc.;

1

PROPRIETARY

Attachment (2)

Corrections Corporation of America
lGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

•

Extracts from Government data systems, such as the LAN and WAN systems, and

•

Any other analysis of available information that might suggest trends or patterns of any
type and which should be examined in the course of an audit.

The corporate QA manager will ensure that the approved audit instrument is maintained current
by the local facility and will review, for quality control purposes, all completed internal and
external audits to ensure substantive local and corporate responses to all audit findings,
including:
•

Analyzing audit results to identify specific risks, policy changes, develop
recommendations for procedural or contractual changes, and to identify any needed
changes in the audit process itself;

•

Tracking subsequent events, such as incidents or staffing changes which might impact
facility performance;

•

Tracking workload and performance data (number and nature of detainee incidents, staff
vacancies and turnover, minority hiring, recognition awards, accidents, staff and detainee
grievances, investigations, detainee disciplinary actions, detainees employed, medical
duty status, and staffmg) to determine recent trends; and

•

Tracking remedial action on past audits and preparing for upcoming audits.

The facility QA manager, who reports directly to the Facility Administrator, will be responsible
for managing the local QA program.

Inspections
The Performance Monitoring Tool (exclusive of the juvenile component standards) contained in
Attachment 3 to the IGSA and selected components of the CCA Audit Tool, will be used as the
principal audit instrument and will serve as the cornerstone of the program. It will be used by
the facility to conduct both internal and external audits and will support the Performance Based
National Detention Standards produced by ICE for both performance and monitoring purposes.
CCA proposes that every aspect of the facility be reviewed continuously throughout the year and
comprehensively twice a year - once via an internal audit conducted by facility staff and once on
an unannounced basis by an external audit team, composed of qualified non-facility staff. This
methodology will ensure that every policy, procedure, and contract requirement is consistently
being reviewed and will help ensure our goal of continuous compliance and quality
improvement. The use of unannounced proactive auditing and compliance procedures will also
allow CCA management to identify those areas of operational risk potentially requiring
additional resources, staff training, policy revisions, or other needed changes in corporate or
local facility operations.

Internal Audits
The entire facility will be comprehensively audited by its own staff at least once a year, although
CCA may conduct a full internal audit at any time to determine program effectiveness. The
facility will be responsible for conducting an internal audit program, which consists of two
components. The facility QA Manager will be responsible for managing both aspects of the
local program.

cc

2

PROPRIETARY

Attachment (2)

Corrections Corporation of America
IGSA Female Adult Alien Detention at T. Don Hutto
November 23. 2009

The fIrst type of audit will be a once-a-year complete in-house audit using the approved audit
instrument, conducted by qualified local staff. Overall responsibility for ensuring that the internal
audit is conducted in accordance with policy rests with the Facility Administrator. The Facility
Administrator will select the members of the audit team, provide them with direction, training,
set timetables for completion of the audit itself and the report, and will ensure appropriate
follow-up of all defIciencies. The Facility Administrator may direct the team to concentrate on
specifIc areas or departments, as facility needs dictate, but not to the detriment of a thorough
audit in the remaining departments. Staff selected as members of the audit team will use the
established audit guidelines.
The audit report will be provided to the Facility Administrator and the facility QA Manager in a
timely manner. All supporting documents for the audit will be kept on fIle by the facility QA
Manager.
The second type of internal audit will be conducted in addition to the annual in-house audit, and
will involve periodic internal departmental audits, under the direction of the facility QA
Manager, throughout the year. Audit areas will be subdivided so that some operational topic is
covered each month. Ordinarily, specifIc employees who are experienced in the department
being audited will conduct these audits.
The results of this ongoing, more detailed review cycle will be reported to the concerned
department head and to the Facility Administrator. A plan of action (POA) will be developed for
any area of concern, identifying the staff person responsible for ensuring rectifying measures are
taken. Each POA will contain a clearly indicated date for the completion of corrective action.
External Audits

GAO standards for Government audits emphasize auditor qualifIcations, subject matter expertise,
auditor independence, and quality assurance in the audits themselves. CCA's approach to auditor
selection also incorporates these values. Once a year, outside, non-facility personnel, teams from
the FSC QA Department, will use the agreed-upon audit instrument to audit the facility on an
unannounced basis. CCA also reserves the option to conduct an external audit at any other time
to determine program effectiveness. External auditors will be selected from the ranks of highly
experienced subject matter professionals, the vast majority of which are full time QA staff
employed at the FSC. The company will provide specifIc training in auditing techniques and the
requirements of this contract.
An audit team leader will be identified for every audit and will be responsible and accountable
for the following tasks:

•

Organizing and supervising the on-site audit process;

•

Assuring all relevant staff are afforded the opportunity to be fully involved in the audit
activities;

•

Maintaining lines of communication with the Facility Administrator, other managerial
personnel and the FSC Managing Director, QA throughout the audit;

•

Establishing and maintaining a fIle of the audit fmdings, recommendations, plans of
action for areas of concern, and follow-up contacts;

PROPRIETARY

3
Attachment (2)

Corrections Corporation of America
IGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

•

Conducting closeout reviews and a final exit interview at the conclusion of the audit~ with
staff identified by the Facility Administrator;

•

Discussing in relevant detail during the exit interview, all findings to be included in the
[mal report; and

•

Presenting the final audit report, ensuring all audit [mdings and recommendations are
supported by sufficient evidence.

The Facility Administrator will ensure that auditors are granted access to all relevant documents,
all reasonably available employees and detainees for interviews, all areas of the facility, and all
internal audit documents relating to the current audit, if not previously provided.

Audit Reports
Audit reports will relate specific findings, both adverse and positive, and will be governed by the
principle of "auditing by exception." Topics within the scope of the audit not mentioned in the
report will be deemed as having no material weaknesses or deficiencies.
Audit reports will be specific, concise, and limited to substantive content. Detailed operational
area sections will be written in a manner that generalists or professionals outside the specialty
area involved will be able to understand.
The audit report will contain the following elements:

')

•

A cover memorandum conveying the report;

•

A background section briefly describing the facility, its mission, and the methodology
used to conduct the audit;

•

A statement of assurance, based on audit findings, that programs comply with applicable
laws, regulations, policies, and procedures. Any exceptions will be noted in this section
and completely explained in a later section;

•

An explicit description of the auditors' examination of any areas for potential fraud,
waste, abuse, mismanagement and illegal acts, with recommendations for action, if any;

•

Explicit identification of material weaknesses, deficiencies, or uncorrected repeat items
from prior audits, with recommendations for action, if any;

•

A description of how programs are achieving desired results, and recommendations for
any methods of improving service delivery;

•

Identification of efficient management practices and programs that can be used as
commendable or "best practices" at other facilities within CCA;

•

An assessment of the manner in which program performance is measured and reflected in
management and statistical reports maintained by CCA or the Government;

•

A statement regarding any additional performance indicators that would assist in
monitoring vital programs and operations;

•

A section outlining noteworthy facility accomplishments and commendations; and

•

A brief conclusion, noting staff who are present at the exit interview and any preliminary
reaction by local staff to the information conveyed in that session.

cc

4

PROPRIETARY
Attachment (2)

Corrections Corporation of America
IGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

Because identifying material weaknesses is a central part of assuring the Government of the
quality of operation of the facility, each audit report will specifically state if there are any
material weaknesses evident. Material weaknesses are conditions which:
•

Significantly impair the fulfillment of an agency or component's mission;

•

Deprive the public of needed services;

•

Violate statutory and regulatory requirements;

•

Significantly weaken safeguards .against waste,
misappropriation of funds, property, or other assets;

•

Result in a conflict of interest;

•

Merit the immediate attention of CCA senior management, Government staff, or
appropriate law enforcement agencies; and

•

Any other conditions whose omission from the report could reflect adversely on the
management integrity of the facility, CCA, or the Government.

loss,

unauthorized

use,

or

In addition to material weaknesses, auditors will identify, investigate, and report on significant
problems, areas of non-compliance and areas in need of improvement. Such conditions will be
categorized consistent with the Government's definition of deficiencies. Deficient areas are
defined as:
•

Deviations from policy or regulation;

•

Weaknesses in internal controls;

•

Lack of quality controls;

•

Failure to observe accepted standards of practice for a particular profession;

•

Lack of operating efficiency; and

•

Failure to meet program objectives.

The designated team leader will compile the final audit report which will include a narrative of
observations by the team. The audit team leader is responsible for assembly of the final report,
which will be distributed to the Facility Administrator and the QA Manager within a reasonable
timeframe after the audit is completed through CCA's Office of General Counsel. At the same
time, a copy will be provided to CCA's Chief Corrections Officer, Managing Director, Quality
Assurance, the appropriate Vice President, Operations, the CCA Divisional Managing Director,
Facility Operations responsible for the facility and the Government on-site staff.
Procedures to Detect, Follow-up and Correct Deficiencies

The Facility Administrator will be responsible for developing a plan of action response to each
external audit in a timely manner. This plan of action response will contain all findings and
recommendations requiring a specific response from the facility. The Facility Administrator may
also present alternative methods of correcting the problem or improving the program.
Deficiencies in the areas of policy, regulation, or contract are not negotiable. They must be
corrected immediately, unless resource limitations or other justifiable constraints preclude timely
compliance. Any constraints must be explained and a realistic time frame for correction must be

.

PROPRlETARY

5

Attachment (2)

Corrections Corporation of America
lGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

specified. The Facility Administrator must provide assurance that internal control systems have
been put into place to prevent recurrence of each problem, with a specific statement of how that
will be accomplished.
A policy has been established to require the Facility Administrator, Assistant Facility
Administrator, and designated department heads to visit all detainee living units, food services,
recreation areas and temporary holding areas at least weekly. Other department heads and
supervisory staff are encouraged to visit these living and work areas as often as practicable.
Compliance with this policy will be documented by a review of logbooks maintained in the
designated areas. As with all corporate and facility policies, compliance with this policy will be
monitored both internally as part of the facility self-audit, and annually as part of the external
corporate audit.
As required by CCA corporate and facility policy, the Facility Administrator will prepare a
quarterly facility report for submittal to the FSC. This report will include statistical data on the
total number of serious incidents, unusual occurrences, major uses of force, disciplinary
sanctions, allegations of abuse, number and categories of detainee grievances; a departmental
activity summary; statistical data concerning employees (i.e., turnover, number of new hires,
resignations, training schedules); significant events during the quarter; the result of selfmonitoring activities; and problems encountered and how they were addressed. These reports
become part of the facility internal audit file.
Supervisory Plan

The facility QA Manager will be responsible for attaining and maintaining any state licensure
requirements and managing the operational details of the QCP. The facility QA Manager will:
•

Work with corporate QA staff to create a facility specific, web-based, audit instrument
which will be reviewed and approved by the Facility Administrator, corporate QA
Department and the Government prior to implementation or change.

•

Track all local policy, procedure, and contractual changes against the approved audit
instrument, requesting corporate updates as needed, and obtaining Government approval
for any changes;

•

Schedule both categories of internal audits, using local subject matter experts;

•

Serve as the local coordinator for all external audit activity;

•

Track all audit deviations, plans of actions, and other remedial actions related to audit
outcomes; and

•

Make recommendations to the Facility Administrator for policy and procedure changes
that will increase the effectiveness and efficiency of the audit program.

The corporate QA manager and other corporate officials may conduct periodic facility or
department audits, as directed by the Vice President of Operations responsible for the facility.
When appropriate, designated auditors may include specific corporate staff, such as directors,
managers, and other corporate employees with expertise in specific areas of operation.
When corporate-level approval is required for achieving necessary corrective action for audits,
the corporate QA manager will coordinate with the Facility Administrator and other CCA senior

6

PROPRIETARY

Attachment (2)

Corrections Corporation of America
IGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

management officials to accomplish the required changes. The corporate QA manager will refer
any corrective action extending beyond 60 days after the date of the report to the responsible
corporate Managing Director and Vice President of Operations. The corporate QA manager will
monitor progress toward closure of the audit. This will include an immediate review of the
response, appropriateness and feasibility of the plans of action, and ongoing progress toward
completion of all plans of action.
Either the corporate QA manager or the Government on-site staff may initiate follow-up
reporting measures on specific portions of the audit. These measures may include progress
reports, plans of action, technical assistance visits; or follow-up targeted audits. Such steps will
be taken on a case-by-case basis.
Communication Plan

CCA has demonstrated that it can maintain a strong, productive working relationship with
federal agencies, including ICE, and is prepared to work closely with on-site Government staff.
As an integral part of the evaluation and monitoring process, staff at the facility will cooperate
collaboratively with Government staff, providing access to detainees and staff in all areas of the
facility at all times. Government staff will have access during normal administrative working
hours to all books, records, reports, and self-monitoring documents maintained by CCA
concerning the operation of the facility. Government personnel may attend selected meetings,
staffings or hearings and review facility records, detainee files and budget documents as
required.
On a day-to-day basis, facility staff will provide verbal information to the Government on-site
staff. Facility staff will also provide specified written reports to the Government on a regular and
immediate basis, when requested. Routine daily interaction between facility and Government
staff will occur during the course of ordinary business. Facility·staffwill be diligent in ensuring
both courteous and timely cooperation with all Government staff CCA is committed to
developing and maintaining a cooperative relationship with its contracting agencies. Through
this relationship CCA strives to provide the best quality control plans possible.
Corporate involvement with the Government on-site staff will be a priority. The CCA Managing
Director, Quality Assurance, will be responsible for coordinating the following specific auditrelated issues with designated Government staff:
•

Revision of the audit instrument as may be dictated by statutory, contractual, or
operational changes;

•

Provision of copies of all internal and external audits to the Government, as well as all
plans of action and other responsive documents;

•

Advising the Government of all audit schedules, team composition, and other related
information; and

•

Coordination with the Government on all other matters of mutual concern.

In addition to the regular involvement of the corporate QA manager, from time to time other

corporate officers may interact with the Government, depending on the issue involved. These
corporate officers may include:

7

PROPRIETARY

Attachment (2)

Corrections Corporation of America
IGSA Female Adult Alien Detention at T. Don Hutto
November 23, 2009

•

Vice President, Facility Operations: The Vice Presidents, Facility Operations are
primarily responsible for the oversight of the Operations department of their assigned
facilities and may become involved in assuring that operational issues are carried out in a
satisfactory manner;

•

General Counsel: The General Counsel is primarily responsible for contract compliance
and may be involved in the event of a question involving the facility's compliance with
its contract, or in any issues having to do with litigation against CCA, or any of its
employees for acts related to CCA' s management of the facility;

•

Chief Financial Officer: The Chief Financial Officer may be involved in issues relating
to payments due under the contract or any questions relating to the prices quoted in this
proposal; and

•

Vice President, Real Estate: The Vice President, Real Estate may be involved in the
event of damage to the physical plant and the need for repair or renovation.

C~

8

PROPRIETARY

Attachment

(2)

DROIGSA-1D-0002

Immigration and Customs Enforcement
Office of Detention and Removal Operations

Quality Assurance Surveillance Plan

Attachment 3 to IGSA

DROIGSA-10-0002

Table of Contents

1. INTRODUCTION
1
2. DEFINITIONS
1
3. QUALITY CONTROL PLAN
2
4. METHODS OF SURVEILLANCE
3
5. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS
5
6. FAlLURE TO MEET PERFORMANCE STANDARDS
5
7. NOTIFICATIONS
6
8. RESIDENTIMEMBER OF PUBLIC COMPLAINTS
7
9. ATTACHMENTS
8
Attachment 1- Performance Requirements Summary
1
1
Attachment 2 - Contract Discrepancy Report
CONTRACT DISCREPANCY REPORT
1
............................................................................................................................................. 1
Report Number:
1
Attachment 3 - Performance Monitoring Tool..
1

Attachment 3 to IGSA