INS Requirements Contract 1999

The Habeas Citebook Ineffective Counsel - Header

• Feb. 16, 2016 • Locations: United States of America • Topics: Immigration

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

(b)(2)

000001

ACL-2-C-0004

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1

000002

ACL-2-C-0004
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

BACKGROUND AND NEED:
The Immigration and Naturalization Service (INS), an agency of the United States Department of
Justice (DOJ), seeks to obtain a requirements contract for the temporary housing, safekeeping,
transportation, and stationary guard services for detainees of all nationalities in its custody. The
successful offeror is responsible for acquiring and operating a facility which is capable of housing
up to a total of 500 (estimated maximum) detainee aliens. The INS is responsible for the detention
of illegal aliens apprehended at the border and elsewhere.
The facility must be located within a radius of twenty-five miles of the Sea-Tac International
Airport in the State of Washington. The Government will consider offers that can reasonably
demonstrate the offeror's ability to acquire (either through construction, lease or other arrangement)
a facility, if it can be ready and available for occupancy 240 days after contract award or sooner.
The Contractor shall operate the facility in compliance with the State of Washington law and the
standards of the most recent edition of the American Correctional Association (ACA), Standards for
Adult Local Detention Facilities; and the most recent edition of the National Commission on
Correctional Health Care (NCCHC), Standards for Health Services in Jails. The Contractor shall
obtain ACA accreditation within 24 months of contract award and NCCHC accreditation within 12
months ofcontract award.
The INS requires the contractor to provide a safe and secure environment for staff and detainees
through effective operational procedures and physical security. The contractor shall continuously
monitor programs and seek ways to reduce and control violence in the facility, respond effectively
to emergencies, control the introduction of contraband/narcotics, control tools and other dangerous
equipment, and maintain and operate secure posts/assignments for staff and detainees. Additionally,
the contractor shall provide effective monitoring of detainee programs and staff performance and
provide effective communication of policy, procedures, and operational practices through written
instructions, post orders, policy statements and training.

PART I. BASE PERIOD:
TIlE
TIIE CONTRACT SHALL COMMENCE WITHIN TWO HUNDRED
AFTER AWARD AND EXTEND FOR A PERIOD OF ONE (1) YEAR.
SHALL RECRUIT STAFF, OBTAIN SUFFICIENT SUITABILITY
COMPLETELY STAFF TIIE
TIlE POSTS AND COMMENCE OPERAnONS
HUNDRED FORTY (240) DAYS.
B-2

FORTY (240) DAYS
THE CONTRACTOR
CLEARANCES TO
WITHIN THAT TWO

000003

(b)(4)
(b)(4)

(b)(4)

000004

(b)(4)
(b)(4)

000005

(b)(4)
(b)(4)

(b)(4)

(b)(4)
(b)(4)

000006

ACL-2-C-0004
[These hours are for guard services per detainee, while detainee is allowed outside the
detention facility for medical purposes. Transportation miles to be reimbursed at a maximum,
the approved federal travel allowance rate.]
a. Guard Services
b. Transportation

•

manhour
mile

(b)(4)

$0.365/mi

(b)(4)

TOTAL ESTIMATED COST FOR THE FOURTH OPTION PERIOD:

TOTAL ESTIMATED COSTS FOR THE BASE PERIOD
AND ALL OPTION PERIODS, AGGREGATE TOTAL:

$115.366,920.00
$115,366,920.00

End of Section B

B-6

000007

ACL-2-C-0004

TABLE OF CONTENTS
PART I-THE SCHEDULE

PAGE

SECTION A - SOLICITATION, OFFER AND AWARD

A-I THRU A-2

SECTION B - SUPPLIES OR SERVICES AND
PRICES/COSTS

B-1 THRU B-5

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK
STATEMENT

C-l
C-I THRU C-70

SECTION E - INSPECTION AND ACCEPTANCE

E-I THRU E-3

SECTION F - DELIVERIES OR PERFORMANCE

F-I THRU F-II

SECTION G - CONTRACT ADMINISTRATION DATA

G-I
G-l THRU G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-I THRU H-8

PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES

.I-I THRU 1-7

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS

J-I
J-l THRU J-425

PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF OFFERORS

K-I THRU K-IO

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICE
TO OFFERORS

L-I THRU L-II

SECTION M - EVALUATION FACTORS FOR AWARD

M-I THRU M-7

C-l
C-I

000008

ACL-2-C-0004

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

C-2

000009

ACL-2-C-0004

SECTIONC
STATEMENT OF WORK
ACL-2-C-0004
DETENTI N SERVICES, SEATTLE WASHINGTON

C-3

000010

ACL-2-C-0004

TA LE OF CONTENTS - SECTION C
I.

Introduction
A.
Background
B.
Explanation fTerms
C.
INS Mission
D.
Objectives
E.
Scope ofWo k
F.
ACA Accred tation
G.
NCCHC Ace editation
H.
Conflicts
I.
Plans

C-2
C-2
C-6
C-7
C-7
C-8
C-8
C-9
C-9
C-9

II.

Requirements

C-l
C-I00

Cha ter 1 - General Admin stration Or anization and Mana ement
A.
Quality Cont 01 Plan
B.
Quality Assu ance Plan
C.
Policies and rocedures Manual
D.
Facility Sta ng Plan, Organizational Chart, Key Personnel
E.
Background nvestigations
F.
Training Pro ram
G.
Operations anual
H.
Health Care ervices Program
I.
Physical PI t
J.
Fire Safety, mergency Plans and Equipment.
Equipment..
K.
Sanitation & ygienic Living Conditions
L.
Food Servic s Plan

C-lO
C-l 0
C-ll
C-13
C-13
C-14
C-14
C-14
C-15
C-15
C-15
C-15
C-15

Chapter 2 - Personnel
A.
Monthly Me tings
B.
Standards of mployee Conduct..
C.
Random Dru Testing
D.
Health Requ'rements for Security Officers
E.
Removal fro Duty
TourofDu
F.
Tour ofDu
G.
Notification f Adverse Personnel Actions
H.
Conflicts of nterest.
1.
I.
Personnel Fi es
J.
Minimum Pe sonneI Qualification Standards
K.
Professional ersonnel Requirements
L.
Collective B rgaining Units

C-16
C-16
C-16
C-17
C-17
C-18
C-19
C-20
C-20
C-20
C-20
C-21
C-24

C-i

000011

ACL-2-C-0004
ACL-2-C·0004
Chapter 3 - Staffing Plan
Minimum St fflng
A.
ffing Requirements
B.
Supervisory tafflng
taffing
C.
Female Staffi g
D.
Key Personn I
E.
Additional K y Personnel

C-24
C-24
C-25
C-25
C-25
C-26

Cha ter 4 - Back round CI
A.
Background
Chief of Sec
B.
C.
Initial Drug
D.
Procedures
E.
Forms
Fonns
F.
Contractor's

C-26
C-26
C-26
C-26
C-27
C-27
C-28

arance Procedure
nvestigation Required
rity
esting

iaisonINCICINLETS checks/Fingerprints

Chapter 5 - Training
A.
Training (Ge eral)
B.
Certified lost
Inst uctors
C.
Documentati n
D.
ClericaVSup
Clerical/Sup ort Employees
E.
Support Emp oyees
F.
Security Pers nnel
G.
Managerial a d Administrative Personnel...
H.
Mandatory T aining Subjects
I.
Preliminary edical Assistance and Health Care Training
J.
Proficiency esting
K.
Transportati n Training
L.
Keys and Lo ks

A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.

Security and ontrol (General)
Direct Supe ision of Detainees
Detainee La or (INS)
Control Cent r
Log Books
Detainee Co nts
Daily Inspec ions
Control of C ntraband
Keys and Lo ks
Tools and C Hnary Equipment..
ControlofC emicals
Post Orders
Use of Force
Use of Restr ints
Searches
Weapons

C-29
C-29
C-29
C-29
C-29
C-29
C-30
C-30
C-30
C-31
C-31
C-32
C-32

C-32
C-32
C-33
C-33
C-33
C-34
C-34
C-34
C-34
C-35
C-35
C-35
C-35
C-36
C-37
C-38

C-ii

000012

ACL-2-C-0004
Q.
R.
S.
T.
U.
V.
w.
W.

Post Shooting Incidents
Administrath~e/Segregation Housing (SHU)
Administrath~e/Segregation

Sedurity
Perimeter SeJurity
Ihformation
Intelligence Ieform~tion
:
:
Release ofInformation
ofln~rmatlOn to PublicfNews
PublIc/News Media
Medla
Judi~ial ~omblUnication
Judi~ial
~om unication :
ImmIgratIOn fOUr!
ImmigratIOn
I ourt SecUrity
SecuTity

C-38
C-38
C-38
C-39
C-39
C-39
C-39

Chapter 7 - Detainee Transportation and Guard Services
Requirerhents
A.
INS Requirert.ents
Cost ofTranJportation
B.
ofT~an~portation Separately Priced
C.
CommunicatIons System
Transportatiqn Procedures
D.
Transportatidn
E.
Rest Stops ff
Tran~portation Staffing
F.
Vehicle Tra"portation
G.
Loadss
Vehicle Loa
l
H.
Vehicles
I.
Vehicle SectJ.ity
Security
J.
Requirementk for Stationary/Hospital Guard Services

C-39
C-39
C-40
C-40
C-40
C-40
C-41
C-41
C-41
C-41
C-41

seLices
Chapter 8 - Health Care se1ices
A.
Plans, POlici1s, and Procedures for Medical Emergencies
Space
B.
Instructions..f
C.
D.
Emer~ency 'rocedures
Emer~ency
E.
Secunty
F.
First Aid
G.
Off-Site Me ical Services
H.
Communica~le or Debilitating Physical Problems
:
I.
Detainee De~th
J.
Emergency Evacuation
K.
Health Com~liance
L.
Protection o~Medical Records
M.
Record of Mrdication
N.
Administering Medications
l
O.
On-Site Hea
h Care
Heaftlt
P.
Off-Site Fac' ities
Q.
Billing
1'
R.
Protection
Pro~e~tion o~ Employees
S.
Training

C-42
C-42
C-42
C-42
C-43
C-43
C-43
C-43
C-43
C-43
C-43
C-43
C-44
C-44
C-44
C-44
C-44
C44
C-44
C-44
C-44

Chapter 9 .. Physical Plantl

C-45

0'f
1

A.
B.
C.
D.

Activation Period
Contractor Rbsponsibilities (General)
constructionl
Constructio~1 Drawings
Requirements and Certificates ofCompliance
Licensing Rdquirements

C-45
C-45
C-45
C-45

C-iii

000013

ACL-2-C-0004
E.
F.
G.
H.
1.
J.
K.
L.
M.

Habitability
Phys~cal Pla9 (General Requirements)
:
Phys~cal Pla9t (Safety and Eme~g~ncy ~eqUlrements
Physical Plant
Pla9t (INS/EOIR AdmInistrative Space)
Replacement1ofProperty
ReplacementlofProperty and Equipment
Preventative Maintenancellnspections
Physical Da~age
Dajlage
Smoking/No
SmokingINo~-smoking
-smoking Facility
NEPA ComPriance
Compl iance
I

Chapter 10 - Safety and Emergency Standards
Documentatibn
A.
B.
Fire preventi?n .Plan
C.
Weekly Insprctlons
Reports
D.
Injury Repols
E.
Smoke Free ~nvironment (optional)
EmergenciesJI'EscapesIFacilitieslDisturbances
F.
EmergenciesJI~scapes/Facilities/Disturbances
G.
Interventi0n/fmergency
Interventionlfmergency Assistance
H.
Evacuation Plan
P~an
I.
1.
Storage
r~
J.
Interior Fumfhings
Furnishings
S, stems and Equipment
K.
Fire Alarm Sfstems

Cha ter 11- Sanitation and
ienic Livin Conditions
al
A.
Trash Remo lal
B.
Environmentrl ControllRecycling
Environrnentrl
C.
Pest Control
Water Supplr
D.
Houseke~pinF
E.
F.
Waste
Wast~ Disporal.
Dlsporal.
G.
Clothlng
Clothing
'[

J.
K.
L.

C-45
C-46
C-48
C-49
C-50
C-50
C-51
C-5I
C-51
C-5I
C-51

C-52
C-52
C-52
C-52
C-52
C-52
C-52
C-54
C-54
C-55
C-55
C-55
C-55
C-56
C-56
C-56
C-56
C-56
C-56
C-56

t~:;nd~·::::::l::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~~
t~:;nd~·::::::l::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~~

Hygiene Items
Personal HYilene
I
Water Templratures
Temp ratures
Hair Care Se
se vices

C-57
C-57
C-57

Chapter 12 - Detainee Admission and Release (INS Detainees)
A.
Admission ot-New
of-New Detainees (orientation procedures)
B.
Records
C.
Personal Pr0rerty
D.
Release
'1'

C-57
C-58
C-59
C-59
C-60

Chapter 13 - Detainee Rights, Rules, Discipline and Privileges
A.
Discriminati~n
B.
Discipline .1..1

C-60
C-61
C-61

ChaPter~3 -D:::::;],~~l~~, . ~~~;~;;~~·~~~·:~i;~~~~··:: . ::.:::::::::::::::::::::::::::~:::
C-iv

000014

ACL-2-C-0004
C.
D.
E.
F.
G.
H.
I.

Pro-Bono Le al Representation
Religious Pr ctice
Detainee Co municationlReporting
munication/Reporting Misconduct...
Prohibited C nduct
Law Library
Detainee Co plaints
Recreation a d Activities

C-61
C-61
C-61
C-62
C-62
C-62
C-62

Chapter 14 - Food Service
A.
Certification
B.
Menus
C.
Monthly Eva uations
D.
Emergency ood Service Plan
E.
Meal Prepar tion
F.
Special Diet ry Needs
G.
Meal Servic
H.
Alternative eals
1.
Inspections
J.
Local Health Standards
K.
Supplies
L.
Livestock
M.
Sampling

C-62
C-62
C-63
C-63
C-63
C-63
C-63
C-63
C-63
C-64
C-64
C-64
C-64
C-65

Cha ter 15 - MailNisitatio ele honeslDetainee Accounts
A.
Corresponde ce
B.
Postage
C.
Inspections fMail
D.
X-ray Equip ent.
E.
Non-contact isitation (optional)
F.
Contact Visi ation
G.
Telephones
Fiscal Respo sibility
H.
I.
J.
Detainee Ac ounts
J.
Commissary
K.
Commissary Proceeds

C-65
C-65
C-65
C-65
C-65
C-66
C-66
C-66
C-66
C-66
C-67
C-68

Cha ter 16 - Lo s Records and Re orts
A.
General Req irements - Logs, Records and Reports
B.
Custody Rec rds
C.
Daily Contr 1Post
I Post Log
D.
After Incide t Reports
E.
Authorized ccess to Records
F.
Daily Manifl
Manitl st
G.
Freedom of formation Act (FOIA)/Privacy Act (PA) Documents
H.
Contract Co pletionffermination

C-68
C-68
C-68
C-69
C-69
C-69
C-69
C-70
C-70

C-v

000015

ACL-2-C-0004

INTRODUCTION

Background.

The United States Immigrat on and Naturalization Service (INS), an agency of the United States
Department of Justice (DOJ , is responsible for the detention of illegal aliens apprehended at the
border and elsewhere. IN detainees traditionally are housed in Service Processing Centers
(SPCs) and a variety of stat, local and private facilities.
Due to a national jail space
adequate detention space
metropolitan areas (federal
detention services with the

crisis, the ability of state, local, and federal governments to provide
for federal prisoners has become limited, especially in major
court cities). As a result, the INS must periodically contract for
rivate sector.

Explanation ofTer s.

ACA Standards - The Arne ican Correctional Association Standards for Adult Local Detention
Facilities, latest Edition.
Administrative segregation - A unit of housing for detainees whose continued presence in the
general population poses a rious threat to life, property, self, staff, or other inmates.
Bureau of Alcohol, Tobacc and Firearms (ATF) - an agency of the United States Department of
Revenue.
Body cavities - Body caviti s include the mouth, ears, nostrils, vagina, and rectum.
Center for Disease Control (CDC) - A public health service agency within the United States
Department of Health and uman Resources.
Classification - A process or determining the needs and requirements of those detainees for
whom confinement has be n ordered and for assigning them to housing units and programs
according to their needs an existing resources.
Commissary - An area or s stem where approved items are available for purchase by detainees.
Contraband - Any item po
illegal by law, or expressly
is not limited, to the folio
fashioned into a weapon, p
materials that incite to ri
problems.

sessed by a detainee or found within the facility which is declared
rohibited by the INS or the contractor. Contraband may include, but
ing: drugs and alcohol, sharp objects or hardware that could be
ishable foods that may pose health or spoilage problems, and printed
t, agitate the population or otherwise cause safety and security

Contracting Officer (CO)
terminate contracts.

The INS employee empowered to award, amend, administer, and

C-2

000016

ACL-2-C-0004
Contracting Officer's Tech ical Representative (COTR) - The INS employee(s) named in the
contract who assist the CO i the performance of duties.
Contractor - The firm, indiv"dual or entity, following contract award, with whom the INS enters
into this contract; the provid r of services described in the statement of work.
Credentials - Documents p oviding primary source verification including education, training,
licensure, experience, board certification and expertise of an employee.
Department of Justice (DO) - Refers to the Department of Justice, a department of the United
States Government.
Designated Service Officer

Refers to the INS Officer-in-charge located on site.

Detainee - An individual co fined within the facility under the authority of either the INS.
Detainee Records - Informa ion concerning the detainee's personal, criminal and medical history,
behavior and activities whil in custody, including but not limited to detainers, personal property
receipts, visitor list, phot graphs, fingerprints, disciplinary infractions and actions taken,
grievance reports, miscella eous correspondence, and forms prescribed as necessary by the
USMS and the INS.
Detention Officers - Contr ctor's Uniformed staff members responsible for the security, care,
transportation, and supervi 'on of detainees during all phases of activity in a detention facility.
The officer is also responsi Ie for the safety and security of the facility. (INS Detention Officers
are designated by including NS before detention officer.)
int sion of a body cavity by anyone, other than the detainee being
Digital intrusion - An in
searched, using a finger, th b, tongue depressor, simple otoscope or short nasal speculum.
DIHS - Division of Immigr tion Health Services.
Disciplinary detention - A u it housing detainees who commit serious rule violations.
Drug Enforcement Adminis ation (DEA) - An agency of
ofDOJ.
DOJ.
Emergency - Any significa t disruption ofnormal
of normal facility procedure, policy or activity caused by
riot, strike, escape, fire, na ral disaster or other serious incident.
Emergency Care - Care for n acute illness or unexpected serious health care need that cannot be
deferred until the next sche uled sick call.
Employee - Refers to a pers n employed by the contractor.
E.O.D. - [Entry on Duty]. The first day the employee begins performance at a designated duty
station on this contract.
C-3

000017

ACL-2-C-0004
Executive Office ofImmigr tion Review (EOIR) - an agency ofOOJ.
Federal Bureau ofInvestiga 'on (FBI) - An agency ofOOJ.
Federal Bureau of Prisons ( OP) - An agency ofOOJ.
FTS System - Federal telep one system.
Final Completion (alternati ely, "final completion of construction) - The date the "Notice of
Completion," (signifying th t construction of the facility is completed), is recorded in the real
estate records of the County of Seattle, Washington.
First Aid - Care for a condi ion that requires immediate assistance from an individual trained in
first aid care and the use of e facility's first aid kits.
Footcandle - A unit for m suring the intensity of illumination. Amount of light thrown on a
surface one foot away from he light source equal to the lumen.
Government - Refers to the

nited States Government.

Health Authority - The ph sician, health administrator, or agency on-site at least once a week
and who is responsible for ealth care services pursuant to a written agreement, contract, or job
description.
Health Care - The sum of al action taken, preventive and therapeutic, to provide for the physical
and mental well being of population. Includes medical and dental services, mental health
services, nursing, personal giene, dietary services, and environmental conditions.
Health Unit (HU) - The ph sical area in the facility and organizational unit set-aside for routine
health care and sick call. T e HU is the designated part of the facility for the delivery of care to
detainees on an ambulatory r observation basis.
Incident report - A written document reporting a special event (e.g., the use of force, use of
chemical agents, discharge fffirearms).
fireanns).
Immigration and Naturaliza ion Service (INS)- An agency ofOOJ.
Intrusion - Entrance into an of the body cavities.
Justice Prisoner and Alie Transportation System (JPATS) - DOl's prisoner transportation
system operated by the US S, sometimes referred to as the "airlift."
Lethal or Deadly Force - T e force a person uses with the purpose of causing/or that they know,
hann.
or should know, would crea e a substantial risk of causing death or serious bodily harm.
Life Safety Code - A man al published by the National Fire Protection Association (NFPA)
specifying minimum standa ds for fire safety necessary in the public interest.
C-4

000018

ACL-2-C-0004
Manday - The rate charged or each individual detainee per day. Manday to include all costs (All
costs to be inclusive of, but ot limited to, direct & indirect costs, overhead and profit) to provide
the required detention servi es as described in the Statement of Work.
Medical records - Separat records of all medical examinations, diagnoses, and treatments
maintained by a responsibl Health Authority. Upon transfer of the detainee to another facility,
the medical record will be c pied and made a part of the detainee case record.
Medical screening - A sy em of structured observation/initial health assessment to identify
newly arrived adult inmates who pose a health or safety threat to themselves or others.
Non-contact visitation - A rogram that restricts detainees from having physical contact with
visitors. Physical barriers sually separate the detainee from the visitors with screens and/or
glass. Voice communicati ns between the parties are typically accomplished with phones or
speakers.
Office of Personnel Manag

ent (OPM) - An agency of the United States Government.

On-Call Guard Posts - Post that shall be operated on demand by the COTR and shall include,
but are not limited to, gu rding detainees while awaiting hearings, consular interviews, INS
interviews, awaiting arriva or departure of JPATS, other aircraft or vessels, and any other
location requested by the C TR.
Pat down search - A quick patting of the prisoner's outer clothing to determine the presence of
weapons.
ofthe
the United States Department of Health and Human
Public Health Service (PHS - An agency of
Services.

Physician - An authorized ractitioner who is a graduate from a recognized college of medicine
or osteopathy and licens d by the appropriate state board. This definition shall include
"residents" who are quali led graduates of a recognized college (school) of medicine or
osteopathy undergoing spec alty training but who may be state licensed.
Policy - A definite written ourse or method of action which guides and determines present and
future decisions and actions
Preventive maintenance system designed to enhance the longevity and/or usefulness of
buildings and equipment in ccordance with a planned schedule.
Prisoner Day - For purpose of determining per diem "prisoner day" means day in or day out and
all days in between. The ontractor may charge for day of arrival or day of departure but not
both.

Procedure - The detailed a
implemented. It is the met
of action. It differs from
within the guidelines oftha

d sequential actions that must be executed to ensure that a policy is
od of performing an operation or a manner of proceeding on a course
policy in that it directs action required to perform a specific task
policy.
C-5

000019

ACL-2-C-0004
Professional Staff - Contr ctor staff employed ill
m the Medical, Educational, Religious and
Psychological disciplines.
Property - Refers to person

property belonging to a detainee.

Proposal - The written plan submitted by the contractor for consideration by the INS in response
to the Request For Proposal (RFP).
Restraint Equipment - this includes but is not limited to handcuffs, belly chains, leg irons,
straight jackets, flexi-cuffs, oft (leather) cuffs, and leg weights.
Safety Equipment - Fire fig ting equipment to be provided by the Contractor, including, but not
limited to, chemical extin uishers, hoses, nozzles, water supplies, alarm
alann systems, portable
breathing devices, gas m sks, fans, first aid kits, stretchers and emergency alarms.
alanns. The
contractor shall inspect all e isting safety equipment for operational readiness.
Sensitive Information
Infonnation ny information
infonnation which could affect the national interest, law
enforcement activities, the onduct of federal programs, or the privacy to which individuals are
entitled under Title 5, U.S. Code, Section 552a. All Detainee records are considered sensitive
information.
infonnation.
Service Process Centers ( PCs) - Refers to INS owned and operated facilities for housing
detainees.
Sick call - A system th ough which a detainee reports and receives individualized and
appropriate medical service for non-emergency illness or injury.
Special Housing Unit (S
(SH ) - The space set aside within the facility for administrative detention
or disciplinary segregation.
Standards for Health Servi es In Jails (NCCHC) - Publication of the National Commission on
Correctional Health Care (l test edition).
Statement of Work (SO
- That portion of the contract (Section C) which describes the
services to be performed
perfonned un er this contract.
Strip Search - An examinat on of an inmate/detainee's naked body for weapons, contraband, and
physical abnormalities. T is also includes a thorough search of all of the individual's clothing
while it is not being worn.
Training -• An organized, anned, and evaluated activity designed to achieve specific learning
objectives. Training may ccur on site, at an academy or training center, at an institution of
higher learning, through co tract services, at professional meetings or through closely supervised
on-the-job training. Meeti gs of professional associations are considered training when there is
clear evidence of the above elements.

C-6

000020

ACL-2-C-0004
ice (USCS) - An agency of the United States Department of

United States
Treasury.

United States Marshals Se ·ce (USMS) - An agency ofDOJ.
X-ray search - A photograp ic search by use of x-rays.

INS Mission

The mission of the INS is
detain illegal aliens apprehended at the border and elsewhere. In
implementing its mission, the INS Detention and Deportation Division is responsible for
carrying out all orders fi r the required departure of aliens handed down in deportation
proceedings, or prior theret ,and arranging for detention of aliens when such become necessary.

Objectives.

The INS is seeking a dete ion services contract for the housing and safekeeping of prisoners.
The contractor must provid management, oversight, planning, maintenance and repair programs
that assure maximum effici ney
ncy of the facility consistent with this contract and the missions of
the INS.
The Contractor shall fumis
furnis ,twenty-four (24) hours-per-day, seven (7) days per week, the
necessary physical structure equipment, facilities, personnel and services to provide a program
of temporary residential car of detainee aliens of all nationalities in federal custody. The
Contractor shall furnish sep rated living quarters as follows:
1. Adult male detai ees - 420 beds, as follows:
a. ~
2..{L beds ivided into multiple occupancy rooms, no room to house more than
twenty (20) etainees.
b. 400 bed divided into multiple occupancy rooms, no room to house
more than fi (50) detainees.
2. Adult female det inees - 80 beds, as follows:
a. ~ beds divided into multiple occupancy rooms, no room to house
more than enty (30) detainees.
ivided into multiple occupancy rooms, no room to house
(50) detainees.
NOTE:
EXACT
nos CANNOT ALWAYS BE MAINTAINED. UNDER NO
CIRCUMSTANCES ARE
LE AND FEMALE DETAINEE'S TO BE HOUSED IN THE
SAME ROOM. THERE HALL BE NO PROVISION IN THIS CONTRACT TO HOUSE
JUVENILES. INS COTR
TAINS THE DISCRETION TO ASSIGN DORM PLACEMENTS.
C-7

000021

ACL-2-C-0004

Scope of Work.

The tenn of this contract wi I be one base year with 4 option years.
The contractor shall fum
management oversight and
facility and operations shall
the following nationally rec

sh the necessary facility, equipment and personnel to provide
peration of the facility as defined in this contract. The contractor's
e consistent with contemporary professional detention practices and
gnized standards:

Standards for Ad It Local Detention Facilities, latest edition, Commission on
Accreditation for Co ections, American Correctional Association.

Standards for Hea th Services in Jails, latest edition, National Commission on
Correctional Health are.

Life Safety Code, cent
c rent edition, National Fire Protection Agency.

Additionally, the contracto 's facility and operations shall be consistent with the following
locally recognized standard and laws:
1.

Washington Admini trative Code,

Washington State E ergy Code,

Unifonn Fire Code,

International Plumb'

Unifonn Mechanica Code.

Accomplishment of ACA and Washington standards is augmented by INS policy and/or
procedure. In these instanc s, the SOW outlines direction for the enhanced requirements.
Unless explicitly stated ot erwise in the contract, the contractor is responsible for all costs
associated with and incurre as part of providing the services outlined in this SOW.

ACA Accreditatio .

The contractor is required t perfonn in accordance with all standards of the most current edition
of the American Correct onal Association (ACA), Standards for Adult Local Detention
Facilities, latest edition.
he contractor shall obtain ACA accreditation within 24 months of
contract award and shall r main ACA accredited and maintain continual compliance with all
ACA standards and suppl ments during the perfonnance of this contract, unless otherwise
specified by the INS.
The contractor shall notify he CO and COTR when ACA accreditation has been achieved. The
contractor shall also notify the CO and COTR 30 days prior to ACA accreditation expiration
C-8

000022

ACL-2-C-0004
and/or renewal. Failure to erform in accordance with the ACA standards or to obtain ACA
accreditation within 24 mo ths, or to maintain accreditation during the performance of this
contract shall, at a minimu ,result in a reduction of the contract price in accordance with the
contractor's Inspection of S rvices Clause and the Quality Assurance Plan and Incentives set
forth in Section II.A (page -10)
G.

NCCHC Accredita ·on.
·00.

The contractor is required t
of the National Commissio
NCCHC accreditation withi
and maintain continual co
performance ofthis contract

perform in accordance with all standards of the most current edition
on Correctional Health Care (NCCHC). The contractor shalI
shall obtain
12 months of contract award and shall remain NCCHC accredited
pliance with alI
all NCCHC standards and supplements during the
unless otherwise specified by the INS.

The contractor shall notify he CO and COTR when NCCHC accreditation has been achieved.
The contractor shall also otify the CO and COTR 30 days prior to NCCHC accreditation
expiration and/or renewal. Failure to perform in accordance with the NCCHC standards or to
obtain NCCHC accreditat on within 12 months, or to maintain accreditation during the
performance of this contra shall, at a minimum, result in a reduction of the contract price in
accordance with the contra tor's Inspection of Services Clause and the Quality Assurance Plan
and Incentives set forth in S ction II.A (page C-l 0)
H.

Conflicts.

All services and programs
regulations, and detainee
aforementioned standards,
conclusion cannot be made
appropriate standard.

ust comply with the SOW, and all applicable state and local laws,
court orders.
Should a conflict exist between any of the
the most stringent shall apply. When a conflict exists and a
as to which standard is more stringent, the CO shall determine the

The COTR does not hav the anthority
authority to modify the stated terms of the contract, or to
approve any action that ould result in additional charges to the government. The CO
must make all such chang s in writing.
I.

Plans.

The solicitation and resulti g contract requires the contractor to provide or make available and
maintain various plans. E amples of these types of plans include, but are not limited to, the
Operations Manual, the Pol cy and Procedures Manual, Quality Assurance Plan, Facility Staffing
Plan, and Training Plan.
ether required by this SOW or incorporated in this contract with the
contractor's Proposal, the c ntractor shall adhere to all plans requested and incorporated in the
resulting contract.

C-9

000023

ACL-2-C-0004

REQUIREMENTS
II. REOUIREMENTS
CHAPTER 1
MANAGEMENT.

ADMINISTRATION

ORGANIZATION

AND

The INS requires the contra tor to provide a safe and secure environment for staff and detainees
through effective operati nal procedures and physical security.
The contractor shall
continuously monitor prog ms and seek ways to reduce and control violence in the facility,
respond effectively to em gencies, control the introduction of contraband/narcotics, control
tools and other potentia Iy dangerous equipment, and maintain and operate secure
posts/assignments for staff nd detainees. Additionally, the contractor shall provide effective
monitoring of detainee pro ams and staff performance and provide effective communication of
policy, procedures, and 0 rational practices through written instructions, post orders, policy
statements and training.

Quality Control PI

The contractor shall provi e an overall Quality Control Plan (QCP) that addresses critical,
measurable operational per rmance standards for the services required under this contract. The
QCP is the contractor's pro ram for ensuring that its services are maintained at a uniform and
acceptable level. The contr ctor shall incorporate in the QCP a periodic system that reviews and
updates the changes to all pans, policies and procedures. The QCP shall include a monthly audit
that shall include the perfo ance review of the facility operations for compliance with the QCP
and compliance with the requirements of this contract. The contractor shall notify the
government 48 hours in ad
ce of the audit to ensure the COTR is available to participate. The
contractor's QCP shall be apable of identifying deficiencies, appropriate corrective actions(s)
and timely implementation lans(s) to the COTR.
After the contract is award d, the contractor shall submit any proposed changes to the QCP to
the CO. The CO will revew, approve, disapprove, or request modifications to the amended
program.

B.
Quality Assurance Ian.
This Quality Assurance PIa
Pia (QAP) has been developed pursuant to the requirements of the
Statement of Work, Section C, in Contract number
. This plan sets forth
procedures and guidelines t at the Department of Justice, Immigration and Naturalization
Service will use in evaluati g the technical performance of the Contractor,
_ _ _ _ _ _ _--,--,-_-+..,..... A copy of
ofthis
this plan will be furnished to the
Contractor so that he/she wi I be aware ofthe methods that the Government will employ in
evaluating hislher performa ceo
A.
tended to accomplish the following:

I.
l.

e the roles and responsibilities of participating Government officials;
C-lO

000024

ACL-2-C-0004
b.
DefinE the types of work to be performed;
c.
Desc~ibe the evaluation methods that will be employed by the Government
Desc~be
is assessing the
t~e Contractor's performance;
d.
ProviHe copies of the quality assurance monitoring form that will be used
Provide
by the Goverhment in documenting and evaluating the Contractor's performance;
and
I
e.
DescJibe the process of performance documentation.
2.
The Contract1or has developed a Quality Control Plan (QCP) which sets forth
procedures and resp(msibilities for controlling high quality work. The Contractor has
designated his empl4yee, Assistant Facility Administrator, to be responsible for
implementation oftHe
oftJie QCP.
B.

Roles And R s onsibilities OfPartici atin Government Officials

of the
The following Government officials will participate in assessing the quality ofthe
Contractor's perfoiance. Their roles and responsibilities are described as follows:

George L. Morones, Blake H. Brown and Teri Tremper will serve as the
Contracting Officer'F Technical Representative and Quality Assurance Specialist
(COTRJQAS) and bf responsible for monitoring, assessing, recording and reporting on
(COTRlQAS)
perforqtance of the Contractor on a day-to-day basis. The will have primary
the technical perforIfance
responsibility for cOfpleting
completing "Quality Assurance Monitoring Forms" which they will use
to document their iOfpection
inllpection and evaluation of the Contractor's work performance. It is
extremely important for the COTRJQAS:
COTRlQAS:
I.

To establish and majntain a congenial line of communication with the Contractor's
Warden and the Wa~den's office staff because of the constant daily contact that is
necessary in performing monitoring functions. The COTRIQAS,
COTRJQAS, CO, and Warden must
work together as a t~am to ensure that required work is accomplished in an efficient and
proper manner. Thef
TheE should be no hesitation to call special meetings to discuss and
resolve serious prob ems. Less serious problems should be discussed and resolved at
regularly scheduled eetings.

WOlfSI~U

2.
John Wolfsll'll will serve as the Contract Administrator (CA) and have overall
responsibility for overseeing
oVFrseeing the Contractor's performance. He will also be responsible
for the day-to-day ~Ionitoring
~onitoring ofthe
of the Contractor's performance in the areas of contract
compliance, contrac administration, cost control and property control; reviewing the
COTRJQAS's asses ment of the Contractor's performance; and resolving all differences
COTRlQAS's
COTRJ~AS's version and the Contractor's version. All planned additions
between the COTRI~AS's
and modifications re1sulting in additional bed space and facility's structure or must be
approved by the CO prior to commencement. The CO may call upon the expertise of
other Government individuals as required. The Contracting Officer's procurement
tie following:
authorities include tle

C-Il
C-II

000025

ACL-2-C-0004
a.
Final uthority for any decisions which produce an increase or decrease in
the scope of e contract;
b.
Final uthority for any actions subject to the "Changes" clause;
c.
Final uthority for any decisions to be rendered under the "Disputes"
clause;
d.
Final uthority for negotiation and determination of indirect rates to be
applied to th contract;
e.
Final uthority to approve the substitution or replacement of the Project
Manager and other key personnel;
f.
Final uthority to monitor and enforce Department of Labor promulgated
labor require ent;
g.
Auth rity to arrange for and supervise QA activities under the contract;
h.
Final authority to approve the Contractor's Quality Control Plan;
1.
Sign ory authority for the issuance of all modifications to the contract.

To Be Used To Monitor The Contractor's

The Government thr ugh its COTRJQAS will be monitoring the Contractor's
performance on a co tinuous basis.
1.
100 Percent
infrequent tasks or t
health is a concern.
occurrence. One hu
2.
Random Sa
tasks. With random
performance is acce
of the services bein
obtained.

nspection: This is usually the most appropriate method only for
sks with stringent performance requirements, e.g., where safety or
ith this method, performance is inspected/evaluated at each
dred percent inspection is too expensive to be used in most cases.
piing: This is usually the most appropriate method for recurring
sampling, services are sampled to determine if the level of
table. Random sampling works vest when the number of instances
performed is very large and a statistically valid sample can be

3.
Periodic Ins
of the evaluation of
appropriate for task
required nor practic

ection: This method, sometimes called "planned sampling," consists
sks selected on other than a 100 percent or random basis. It may be
that occur infrequently, and where 100 percent inspection is neither
ble.

4.
Customer C
performance. Thes
the daily personnel
these issues will be

mplaint: This method is reserved for highly visible items of
items will be readily noticeable when not performed. In performing
ccountability inspections (contract employees and the detainees)
eadily observed or disclosed.

D.
1.
The COTRJ AS will use one quality assurance-monitoring form (Section J attachment 7) to do ment and evaluate the Contractor's performance under the contract.
C-12

000026

ACL-2-C-0004
The form when com leted will document the COTRlQAS's understanding of what the
Contractor was supp sed to do, what was actually done, and the impact or consequences
of what was done.
2.
The COTRI AS
S will judge each event in accordance with the following
definitions of contra tor performance:
a.
Satis ctory
b.
Unsat sfactory
3.
The COTRI AS must substantiate all items, which he/she judges to be indicative
of "Unsatisfactory."
4.
The COTRI AS will forward copies of all completed QA monitoring forms to the
CO and Contractor b close of business on the day the forms were prepared. The
Contractor is require to respond in writing to any negative QA monitoring form(s)
within 5 working da s after receipt of the form(s).
E.

urveillance Results

1.
eview each QA monitoring form prepared the COTRlQA. When
appropriate, the CO ay investigate the event further to determine if all the facts and
circumstances surro nding the event were considered in the COTRlQA's opinions
outlined on the form The CO will immediately discuss every event receiving a
substandard rating w th the Contractor to assure that corrective action is promptly
initiated.

Policies and Proced res Manual.

At a minimum, the Polic es and Procedures Manual shall address the following matters:
organization, recruitment p ocedures, equal employment opportunity, job qualifications, drug
screening, job descriptions nd responsibilities, salaries and fringe benefits, holidays, leave and
work hours, personnel r cords, employee evaluations, training, promotion, retirement,
resignation and terminatio , employee-management relations, standards of conduct, hostage
policy, disciplinary praced
proced res, and grievance procedures. The Policy and Procedures Manual
may also address the subj cts listed in Chapter 2 of this SOW. A copy of the Policy and
Procedures Manual must b made available to employees at the facility. The contractor shall
provide documentation dem nstrating that all employees have received a copy of the manual.

Facility Staffing PI n, Organizational Chart, Key Personnel.

The contractor shall provi e a staffing plan that addresses minimum staffing requirements,
minimum personnel qualifi ation standards, special personnel requirements, and key personnel
to be employed in connecti with this contract and as outlined in Chapter 3 ofthis SOW.
The contractor shall provi e an organizational chart that describes the structure of authority,
responsibility and accounta ility within the facility. This chart shall be updated as necessary and
C-13

000027

ACL-2-C-0004
available for review by the 0 upon request. All changes to the facility's organizational chart
shall be reviewed and appro ed by the CO prior to implementation.
The contractor shall provid resumes for all key personnel defined in Chapter 3 of this SOW.
The CO must approve all ke personnel before they perfonn
perform any duties under this contract.

E.
It is essential that all emp yees meet the highest standards of professionalism and personal

perform limited background investigations for all employees and
integrity. The contractor s 11 perfonn
prospective employees as re uired in Chapter 4 of this SOW.
F.

Training Program.

The contractor shall establi h an overall training program for all employees which incorporates,
at a minimum, the training quirements set forth in ACA Standards and Chapter 5 of this SOW.
The contractor's training pI shall establish training requirements for all categories of personnel,
including clerical/support mployees, support employees, security/correctional officers, and
administrative and manage 'al employees. The training plan shall include course descriptions,
detailed lesson plans that in lude subject matter and methods of presentation, course objectives,
student evaluation proced res, proficiency testing (if required), instructor(s) and instructor
qualifications, and the locat on and duration of training. The training plan shall be submitted to
the COTR for review and a proval by the COTR no less than 30 days after contract award.
G.

Operations Manoa.

The contractor shall provi e an Operations Manual (Manual) that delineates the contractor's
written policies and proce res for operating and maintaining the facility. The Manual shall
ofthe
the facility for all elements
describe the purpose, progr ms, services, policies and procedures of
of work under this contra t, including, but not limited to, security and control of inmates
(Chapter 6), transportation and stationary guard services (Chapter 7), health care services
(Chapter 8), the physical pi t (Chapter 9), fire safety, emergency plans and equipment (Chapter
10), sanitation and hygien c living conditions (Chapter 11), detainee admission and release
(Chapter 12), detainee righ s, rules, discipline and privileges (Chapter 13), food services plan
(Chapter 14), mail, visitati ,telephones, commissary, and detainee accounts (Chapter 15), and
logs, records and reports Chapter 16). The policies and procedures must meet INS ACA
Standards, Section J, and m st be consistent with INS policy as directed by the CO.
1.

The contractor shal
ensures all written
updated as necessa
the review has been

operate according to the Manual and shall provide a system that
lans, policies, and procedures are reviewed at least annually and
. The contractor shall provide written certification to the COTR that
onducted.

The Manual shall b
writing that he or
procedures outlined
them available to th

made available to all employees. Every employee shall certify in
she has read, fully understands and agrees to comply with the
n the Manual. The contractor shall maintain certifications and make
COTR upon request.
C-14

000028

ACL-2-C-0004
The COTR must ap rove changes to the Manual during the performance of the contract.
Additionally, a copy fthe Manual shall be submitted to the COTR 30 days after contract
award.
Health Care Servic s Program.

The Contractor shall provid for the necessary space required of the health care services under
the control of a designated ealth authority to include on-site health care that meets or exceeds
the NCCHC guidelines and he requirements established in the INS Health Care Program Policy
Manual, as amended. In-h use, on-premises health care is provided at by the INS Division of
immigration Health Servic s. Off-premises health care is provided and arranged by the
contractor and coordinated ith the COTR, and paid by the INS. The contractor's health care
program shall include the s rvices outlined in Chapter 8 of this SOW and shall comply with the
Standards for Health Servi es in Jails, latest edition, National Commission on Correctional
Health Care (NCCHe).
I.

Physical Plant.

The contractor shall provid a current schematic drawing of the physical plant that demonstrates
compliance with the requir ments of the ACA Standards for Adult Local Detention Facilities,
and all applicable state, c unty and local codes. The facility shall be capable of providing
medium to maximum securi for INS detainees and meet the requirements set forth in Chapter 9
of this SOW. The contract r shall assume full responsibility for the operation, maintenance and
security of the facility. The contractor shall begin accepting detainees no later than 90 days after
ction. Designations to the facility are anticipated to occur
final completion of cons uction.
simultaneously at an estima ed rate of not less than 40 per week.

Fire Safety, Emerg ney Plans and Equipment.

The contractor shall provid the COTR with copies of all certificates of compliance indicating
that the facility has met all pplicable federal, state and local fire, safety and health codes. These
certificates shall be submi ed prior to occupancy by the INS or within 30 days after final
completion of construction. The contractor also shall meet the requirements set forth in Chapter
10 of this SOW.
K.

Sanitation & Hygie ic Living Conditions.

The contractor shall develo a sanitation program and establish hygienic living conditions that
are in compliance with all a plicable federal, state and local laws, statutes, regulations, codes and
the requirements set forth i Chapter 11 of this SOW.
L.

Food Services Plan

The contractor shall provi e meals that are nutritionally balanced, well planned, and prepared
and served in a manner th t meets established governmental health and safety codes, and the
requirements set forth in C apter 14 of this SOW. The contractor shall furnish sample menus
and documentation that a egistered dietician or nutritionist has reviewed the menu and shall
C-15

000029

ACL-2-C-0004
certify compliance with the ietary allowances published by the National Academy of Sciences.
The documentation shall be provided to the COTR prior to occupancy by the INS or within 30
days after contract award.

The contractor shall furnish managerial, administrative, and security personnel to accomplish all
work required. The contr ctor shall provide full time and/or part time personnel to assure
continuity of staff coverag , to accept, house, supervise, discharge, and perform all ancillary
functions of this contract w ile in custody of detainees 24 hours a day, 7 days a week. The INS
reserves the right to require the contractor to remove, suspend or reassign employees under this
contract.
A.

Monthly Meetings.

The contractor shall partici ate in monthly meetings of a liaison committee, established by the
INS. This committee may onsist of representatives of the following: EOIR, the United States
Attorneys Office for the We tern District of Washington and appropriate INS personnel.
B.

Standards of Em pi yee Conduct.

The contractor shall develo standards of employee conduct and specific disciplinary actions that
fo] owing Federal Standards of Conduct. The contractor shall hold
are consistent with the folowing
employees accountable for heir conduct based on these standards, which are not restricted to,
but must include:
1.
I.

Employees shall not display favoritism or preferential treatment to one detainee, or group
of detainees, over a other.

No employee may
approved goals of
(tangible or intangi
family or close as
themselves or any
favors, or service to

No employee shall nter into any business relationship with detainees or their families
(example - selling, ying or trading personal property).

No employee shall ave any outside or social contact (other than incidental contact) with
any detainee, his or her family, or close associates, except for those activities which are
ofthe
the employee's job description.
part of the facility p ogram and a part of

All employees are r quired to report to the Warden any violation or attempted violation
of these standards.

deal with any detainee except in a relationship that supports the
e facility. Specifically, employees must never accept any personal
Ie) gift, favor or service, from any detainee or from any detainee's
ociate no matter how trivial the gift or service may seem, for
embers of their family. In addition, no employee shall give any gift,
etainees, their family, or close associates.

C-16

000030

ACL-2-C-0004
The contractor shal report all violations or attempted violations of the standards of
conduct (referred to n this section) or any criminal activity to the COTR. Violations may
d~smissal by the contractor or at the discretion of the INS. Failure on
result in employee dIsmissal
the part of the contractor to report a known violation or to take appropriate disciplinary
l
action against offehding
offe ding employee or employees shall subject the contractor to
appropriate action u to and including termination of the contract for default.

The contractor shall provide all employees with a copy of the contractor's Standards of
Conduct. All emplo ees must certify in writing that they have read and understood these
rules. A record oft is certificate must be provided to the COTR prior to the employee's
beginning work und r this contract.

The responsibility for providing necessary translators or bi-Iingual
bi-lingual personnel for
necessary communi~ation with detainees who do not speak or comprehend the English
language is with th~ Contractor. Other than in emergency situations, detainees shall not
be used for translati~n services. The Contractor may utilize commercial phone language
interpretive services ( fulfill this requirement.

Random Drug Testing.

m~y

be required by the INS at any time. If the contractor has a random
Drug screening for cause
drug-screening program, tihe results of each screening shall be provided to the COTR
immediately. Drug screenirtg shall be ordered and accomplished at contractor's expense.

Healtb ReqUiremJts for Detention Officers.

The contractor shall not aJgn at any time any employee to work under this contract that is not
in good health, without Ph;~ical defects or abnormalities which would interfere with performing
Det~ntion Officers who work under this contract must have passed a
detention duties. All Det~ntion
cond~cted and approved by a licensed physician within 30 days prior to
medical examination conducted
initial assignment. Prior t I the officer's initial assignment or reassignment to the facility the
contractor shall certify in riting to the COTR that each Detention Officer is in full compliance
with the following:
1.

Detention Officers must be free from any serious physical illnesses, ailments, or
maladies, including pilepsy, or other diseases that may be transmitted to and result in the
otherl persons.
disablement of othe1

Detention Officers ~ust have binocular eyesight and be able to distinguish primary
O~'ficers must be able to read at least 20160
20/60 in each eye without the use
colors. Detention 0i;'ficers
of corrective lenses or must be able to read at least 20/20 in each eye with corrective
lenses. Any Deten ion Officer whose driver's license requires corrective lenses must
~uty.
wear them while on (Juty.

Detention Officers re required to be able to hear adequately. Adequate hearing is
hearing with norma speech range not to exceed a loss of 30 decibels in both ears, or 35
decibels in the poor r ear, without the use of hearing aids.
C-17

000031

ACL-2-C-0004
No Detention Offic r can be accepted who has heart, lung, skeletal, or other physical
defects that would i pair his or her ability to perform effectively in either normal or
emergency situation .

All Detention om rs shall possess unimpaired use of hands, arms, legs, and feet.
Detention Officers ust be able to run when necessary, and must be capable of handling
portable fire extingu shers, building fire hoses, and related equipment.

Detention Officers hall be able to wear all necessary equipment, or other protective
items for civil disor ers or rescue work.

Detention Officers ust be mentally alert and emotionally stable; absence of detectable
neurotic or psycho eurotic conditions that would adversely affect their ability to act
properly during situ tions involving mental stress is required.

Any changes in aD
a D tention Officer's health status as it pertains to items (1) through (7)
above, shall be imm diately reported to the COTR.

Removal From Du .

If the COTR or the contrac or receives disqualifying information on a contractor employee, the
contractor shall (upon no ification by the CO) immediately remove the employee from
thO contract or any other INS contracts. The contractor must comply
performing duties under th's
with all such directions.
en any employee is removed from duty under these circumstances,
the contractor shall revoke he employee's identification credentials and properly complete any
required dispositions. The contractor shall immediately notify the CO when the employee is
removed from duty.

1.
I.

Disqualifying info

ation includes but is not limited to the following:

Conviction

Possessing a record ofarrests
of arrests for continuing offenses.

Falsification of information entered on suitability forms.

a felony, a crime of violence, or a serious misdemeanor.

The INS may dire t that the contractor immediately remove from assignment to this
contract any emplo ee who has been disqualified for either security reasons or for being
unfit to perform hi or her required duties as determined by the COTR or CO. The
contractor shall im ediately notify the COTR when the employee is removed from duty.
The contractor must comply with this direction. A determination of being unfit for duty
may be made fro , but is not limited to, incidents involving the most immediately
identifiable types of misconduct or delinquency set forth below:
a.

Neglect of d ty, including sleeping while on duty, loafing, unreasonable delays or
failures to c rry out assigned tasks, conducting personal affairs during official
C-18

000032

ACL-2-C-0004
time, and re sing to render assistance or cooperate in upholding the integrity of
the security ~ ogram at the work sites;
b.

Falsification r unlawful concealment, removal, mutilation, or destruction of any
official doc ments or records, or concealment of material facts by willful
omissions fr m official documents or records;

Theft, vandal'sm, immoral conduct, or any other criminal actions;

Selling, con uming, or being under the influence of intoxicants, drugs, or
substances w ich produce similar effects;

Unethical or mproper use of official authority or credentials;

Unauthorize use of communication equipment or Government
property;

g.
h.

Violations

security procedures or regulations;

1.
I.

Possession 0 alcohol or illegal substances while on duty;

Undue frate ization with detainees as determined by the COTR;

Repeated fai ure to comply with visitor procedures as determined by the COTR;

Performance as determined by investigation by the CO involving acquiescence,
negligence, isconduct, lack of diligence, good judgement, and/or good common
sense resulti g in, or contributing to, a detainee escape;

Failure to
aintain acceptable levels of proficiency or to fulfill training
requirement;

Changes in an employee's ability to meet the physical and/or mental health
requirement of this contract.

Tour of Duty.

The contractor shall not as ign nor permit any uniformed employee (Detention Officer) to work
under this contract more th a total of 12 hours of any 24-hour period. This shall include time
employed not within the s ope of this contract. All employees shall have a continuous 8-hour
rest period within each 24- our period.

C-19

000033

ACL-2-C-0004
In the event of a Facility isturbance, the Contractor will advise COTR of situation and may
work employees beyond the 12-hour limit until order is restored.

Notification of Adv rse Personnel Actions.

The contractor shall im ediately notify the COTR of any employee(s) terminations,
suspensions, resignations, 0 any other adverse personnel actions taken for any reason.

Conflicts of Interes .

The contractor may not e ploy any person who is currently an employee of the DOJ, or any
person whose employment ill present an actual or apparent conflict of interest.

Personnel Files.

All personnel files shall e available to the CO upon request. Personnel files, including
background checks shall b maintained for the duration of the employee's tenure under the
contract. Verification of t aining and experience shall include credentials for all professional
staff. All credentials shall be kept current and maintained for the duration of the individual's
performance under this co act. This requirement also applies to subcontractor personnel and
volunteers.
J.

Minimum Personn I Qualification Standards.

The contractor shall ensure ach person employed by his firm or any subcontractor(s) shall have
a Social Security Card issu d and approved by the Social Security Administration. They shall be
a United States Citizen, an turalized citizen, or a lawful permanent resident (LPR), and possess
a high school diploma, or e uivalent (GED), and have no criminal record.
The following standards als apply:
1.

Supervisors must b trustworthy individuals who have a minimum of I-year successful
detention experien e in supervisory positions, or who have been advanced into
supervisory positi nss through normal merit promotions within the contractor's
organization.

All employees (wh have direct daily contact with detainees) shall be a minimum of 21
years of age. This a e requirement may be waived for veterans of the Armed Forces after
written requests are ade by the contractor to the COTR.

All employees who e duties may involve the operation of a motor vehicle under this
contract must be lic
lie nsed for the type of vehicle to be driven.

At a minimum, em loyees shall have at least 1I year of experience that demonstrates the
following:
a.

The ability t greet and deal tactfully with the general public;
C-20

000034

ACL-2-C-0004
A clear capa ility of understanding and applying written and verbal orders, rules,
and regulatio s. All personnel shall be literate to the extent of being able to read
and interpret printed rules and regulations, detailed written orders, training
instructions d materials, and must be able to compose reports that contain the
informational value required by such directives.

Each Detenti n Officer shall possess good judgment, courage, alertness, an even
temperament, and render satisfactory performance by conscientiously acquiring a
good workin knowledge oftheir position responsibilities.

The ability to maintain poise and self-control during situations that involve mental
stress; this e tails being able to withstand the accompanying excitement of fires,
explosions, c vil disturbances, and building evacuations.

Any type of i1itary service may be credited toward meeting the requirements in
(l)
(I) through ( ) above. Where experience needs to be substituted in lieu of the
required edu ation, or vice versa, a written request for the necessary waiver shall
be made by t e contractor for each employee affected. All waiver requests shall
be transmitte through the COTR to the CO for review and approval prior to any
employee bei g assigned to duty under this contract.

Professional Perso nel Requirements.

The contractor shall e loy professional personnel, including subcontractors, whose
qualifications are commens rate with job responsibilities and authority levels of corresponding
positions, including appro iately verified licensure or certification. All of the contractor's
professional staff must ha e graduated from an accredited school commensurate with their
particular job responsibiliti and be licensed in that discipline. All applicable professional staff
shall possess a current valid license/registration, in the state in which they are practicing.
1.
I. Contract Work Pr ctices
The Contractor is re ponsible for maintaining the integrity of the security program with
respect to the follow' g codes:

All Contract r employees shall wear the same prescribed uniform while on duty.
Employees s all not enter on duty until they have been issued and are wearing
complete uni orms. All uniforms shall be clean, neat and in good order.
1.
I. T Contractor shall, prior to the contract performance date, submit
with t e contract requirements.

2.
ontractor shall ensure each officer has a complete unifonn
uniform while
uniform will
perfo ing assignments under this contract. A complete unifonn
C-21

000035

ACL-2-C-0004
includ : appropriate shirt, pants, belt, cap (optional), shoeslboots, and winter
equiv lent with jacket as necessary. The Contracting Officer shall have the
right t approve or disapprove any unifonn
uniform apparel.
The d
worn
that h
States
wear

sign of the Contractor's unifonns shall not be closely similar to those
y INS officers. The color ofthe Contractor's unifonns shall be a color
s been accepted for use by large Security organizations in the United
All protection force personnel perfonning
performing under this contract shall
nifonns ofthe same style and color.

Appr priately lettered breast badges and cap insignia that indicate the
jurisd ction from which guard authority is derived shall be worn and be
promi endy displayed as part of each unifonn. Shoulder patches with
letteri g to show the identity of the Contractor shall be worn on the left
shoul ers of all unifonn items. Identification nametags shall be worn over
shaH
the ri ht breast shirt pocket. Other identification ofthe Contractor shall
not b worn or be displayed on unifonns.
uniforms. These requirements also apply
to su ervisors who perfonn contract work. All guards assigned to the INS
Servi e Processing Centers shall be required to wear unifonns at all times
while on duty.
NO : Unifonns and equipment do not have to be new, but shall be in good
condi ion and meet the standards· at time ofthe daily roll call.
·Offi ers not in proper unifonn shall be considered "not ready for duty/not
on du "until properly unifonned.

The Contract r shall ensure that its employees have all of the required identification
credentials i their possession at all times while on the premises. The Contractor
identification credential document required by INS shall contain the following for
each employe:
I)
photograph that is at least one inch square. The photograph shall
show the full face and shoulders of the employee and shall be no more than
30 da s old at the time the credential is issued.

2) A rinted document that contains personal data and description consisting
of th employee's name, sex, birth date, height, weight, hair color and eye
color.

ature ofemployee.
of employee.
C-22

000036

ACL-2-C-0004
5) Id ntification of and validation by the issuing authority. Credentials
issuedl by Federal or local Government agencies other than INS may be used
to sat
satisfy
sfy this requirement, provided that all guards working under this
contract are issued credentials which have been approved by the COTR
befor~
befor9 they enter on duty. The identification credential shall be no more
than ttlree years old.
I

If additional fr,rms
irms of identification are required during the contract term, it shall be
Contracto 's responsibility to obtain from the Government, all such credentials
the contractOf'S
and furnish em to his employees. These credentials shall also be subject to
approval by ,e
t e COTR prior to being issued.
Contract(j)r shall void and dispose of all identification credentials for employees
The Contractor
who are te~inated and relieved from performing any further requirements under
this contra~t.1
c. Encroachnlent
Encroachtrient
The contractt
contractlr shall not permit his employees to disturb papers on desks, open desk
drawers or dbinets, or use Government equipment and telephones for any purpose
aslcuthorized by INS. Contractor employees shall not enter any restricted
other than asIcuthorized
areas ofthe frility unless it is necessary for the performance oftheir duties.
d. Personnel Professionalism
I
lor shall assure that employees meet the standards of competency,
The Contrac
Contrac~or
training, aPJ>tfarance, behavior and integrity as indicated elsewhere in this contract.
When neces~,
necessl;c' the Contractor will effect disciplinary or adverse action against
employees
disregard those standards.

ap~arance,

ui men Su

I es and Instructions Furnished b The Contractor:

The Contractor shall furnish, install, operate and maintain in acceptable condition, at no
additional cost to the Government, all equipment and supplies necessary for performance
tlUdiOg, but oot
not limited to, the followiog:
foHowlng:
under this contract tluding,
a. Access to felePhones, copying machines, fax machines, computer equipment, and
typewriters t at are necessary for performing the contract as determined by the
COTR.
b.

BUildingS~tructures

or space for the administration of the contract as deemed

I•. S.
s.
necessary by I..

c. Post or~ers at each postposition, to include instructions for emergency
evacuation. Instructions shall not be removed from the designated post or from the
C-23

000037

ACL-2-C-0004
Government facility, nor shall they be reproduced or copied in any manner unless
authorized, in writing, by the COTR.
d. Disposable plastic gloves for search ofdetainees.
of detainees.
e. Forms and Iledgers necessary to prepare reports and schedules.
£ Radio eqLpment
eq ipment necessary for communication within the Seattle Processing
Center.
g. One opera ional flashlight with batteries and belt holder for each officer.
h. Inclement weather apparel.

Collective Bargaining Units.

In the event the contractor 'negotiates
Inegotiates collective bargaining agreements applicable to the work
contractor shall use its best efforts to ensure such agreements
force under this contract,
contain provisions designed to assure continuity of services. All such agreements entered into
during the contract period Jf performance shall provide that grievances and disputes involving
the interpretation or applichtion
appliclttion of the agreement will be settled without resorting to strike,

!ockou~ or other interruptiot of nono.!
nonoa! operations.

For this purpose, each collective
collFctive bargaining agreement should provide an effective grievance
~s its final step, unless the parties mutually agree upon some other
procedure with arbitration as
method of assuring continu~.~
continu~'br of operations. As part of such agreements, management and labor
should agree to cooperate fully with the Federal Mediation and Conciliation Service. The
contractor shall include t e substance of this clause (paragraph, provision, etc.) in any
subcontracts for protective services.

CHAPTER 3 - STAFFIN

PLAN

The contractor shall, at all times, staff the facility to accommodate the maximum rated capacity
of the facility.
I

Minimum Staffing reqUirements.

The contractor shall provide trained, paid, uniformly dressed and alert detention/security staff on
site to provide for and maintain the security, control, custody, and supervision of detainees at the
facility,
1.

Detention Officers 0lfboth sexes shall be on duty at all times.

Security staffing m~st be sufficient to cover the security posts outlined in the proposal.
Such staff must be complemented
c mplemented by on-site administrative staff.
C-24

000038

ACL-2-C-0004
The staffing plan shall include an on-site staff-reporting schedule. This schedule should
clearly indicate the number of staff, job title(s), hours and days of work, and reporting
dates to the facility.
The contractor shall ensure that daily Detention Officer assignment rosters, by shift, are
maintained for historical purposes. The rosters shall reflect both the schedule and actual
assignment for each post.

Unless otherwise approved in advance by the CO, the number and type of staff specified
in the staffing plan shall remain the minimally acceptable staff complement throughout
the term of the contract. Any and all requests to change staffing levels or utilization at
the facility shall be submitted in writing to the CO for approval.

The staffing plan must include any and all subcontractors, and their relationship, if any,
to the contractor.

Supervisory Staffing.

Employees shall be adequately supervised at all times by individuals who are full time
supervisors and have met the supervisory training requirements. In the absence of the Warden, a
designated person shall be placed in charge and shall have supervision as his primary function
during the times he or she is in charge.

Female Staffing.

Staff security/detention officers of both sexes shall be on duty at all times. The contractor shall
provide a minimum of 3 female Detention Officers per shift excluding transportation. When
females are transported or are in custody under the on-call posts, there must be at least 1I female
detention officer present. Only female Detention Officers shall supervise female detainees
within the facility day room.

Key Personnel.

The following key personnel, with respective minImum
mInimum qualification requirements, are
considered critical for this contract. The contractor's key personnel shall be employed full-time
and be on site no later than 30 days after final completion of construction.
1.
I.

Warden - Knowledge of program objectives, policies, procedures and requirements for
managing a correctional facility. A minimum of 10 years experience in corrections or
related field with experience in the management of a correctional facility at the Associate
Warden level or above.

Associate Warden(s) - Knowledge of program objectives, policies, procedures, and
requirements for managing a correctional facility. A minimum of 10 years experience in
corrections or related field with experience in the field of corrections at the level of midmanagement.

C-25

000039

ACL-2-C-0004

Additional Key Personnel.

The 6 positions listed below are also considered key. Offerors who choose not to provide these
positions must explain how required services will be provided if awarded the contract.
Correctional Supervisor
Physical Plant Co-ordinator
Designated Health Authority
Food Service Administrator
Detainee Systems/records Administrator
Safety!Environmental Specialist

CHAPTER 4 - BACKGROUND CLEARANCE PROCEDURE.

It is essential that all employees meet the highest standards of professionalism and personal
integrity. The INS shall have and exercise full and complete control over granting, denying,
suspending, and terminating employment suitability checks for employees and prospective
employees. If a report indicating the unsuitability of any employee is received after processing,
or if a prospective employee is found to be unsuitable or unfit for his assigned duties, the COTR
shall inform the contractor that the employee shall not either continue to work, or be assigned to
work under the contract.

Background Investigations Required.

All employees (to include subcontractors, temporary, part-time, replacement employees, and any
other vendor or volunteers) under the contract shall have a position sensitivity analysis
performed by the INS. All background investigations shall be processed through the INS
Contract Security Office.

Chief of Security.

The contractor shall appoint a senior official to act as the Detention Officer. This individual shall
interface with the CO through the COTR on all security matters, to include physical, personnel,
background clearance procedures, and protection of all information and data accessed by the
contractor.

Initial Drug Testing.

Initial drug screening for every employee and prospective employee hired by the contractor is
required under this contract. Drug screening (urinalysis) tests shall be obtained from a National
Institute of Drug Abuse (NIDA) approved laboratory and screened for the presence of the
following drugs or drug classes: amphetamines, cocaine metabolites, opiates (morphine/
codeine), phencyclidine (PCP) and marijuana metabolites. The INS may expand the above list to
include additional drug/drug classes. The contractor must ensure that the confirmations are
correct and that an adequate chain of custody procedure exists and is followed for each
specimen. Drug screening shall be ordered and accomplished at the contractor's expense.
C-26

000040

ACL-2-C-0004

Procedures.

The contractor shall ensure the following steps are completed for each employee and prospective
employee:
1.

A pre-employment interview.

A background information survey (Standard Form 85P - "Questionnaire for public trust
positions," or SF 85P-S - "Supplemental Questionnaire for Selected Positions."

Local law enforcement agency checks for the last 5 years.

Employment vouchering for the last 5 years (Form G-736).

Urinalysis (if the test is positive, the applicant will be prohibited from working with
Federal detainees.)

Credit check.

Notification to the CO of employee's entry on duty date.

FBI Name and Fingerprint check (Form FD-258).

National Crime Information Center (NCIC) check.

10.

National Crime Information Center (NCIC) check.

The contractor shall complete steps 1 through 7 above. The INS will complete steps 8 through
certifY steps 1 through 7 have been accomplished with satisfactory
10. The contractor shall certify
results for each employee and submit said certifications to the COTR. The contractor's
certifications for each employee initially hired to staff the facility are due to the COTR at least
45 days after final completion of construction. The contractor's certifications for additional
employees, whether a replacement, an addition, a subcontractor employee, vendor or volunteer,
are due to the COTR 30 days prior to the employee's entry on duty date.

.Forms.

In addition to the contractor's certifications described in Paragraph E above, the contractor shall
submit the following completed forms for all initial prospective contractor applicants/employees
initially hired to staff the facility. The completed forms are due to the COTR no less than 45
days after final completion. Completed forms for new additional employees, whether a
replacement, an addition, a subcontractor employee, vendor or volunteer, are due to the COTR
30 days prior to the employee's entry on duty date.

Standard Form 85P - Questionnaire for public trust positions (original and 1 copy).

C-27

000041

ACL-2-C-0004
Standard Form 85P-S - Supplemental questionnaire for selected positions (original and 1I
copy). Note: This form is used for guards or Detention Officers only.

Form FD-258 - Fingerprint Card (3 copies).

4.
5.

Foreign born relatives form (original and 1 copy)
1-9 Employment Eligibility Verification or Birth Certificate (if a u.S. citizen).

Form G-736 - Verification of employment history. This documentation shows that
previous employers of all new contract employees have been interviewed to ascertain the
following information: dates, salary, job titles, duties for the most recent 5 years, reason
for leaving employment, would employer re-hire the applicant, name of person contacted,
and name of employee doing the interview on behalf ofthe contractor.

Necessary forms shall be provided by the Government upon completion of successful negotiation
at the time of award of the contract. Only complete security packages shall be accepted by INS
Contract Security. Specific instructions on submission of packages shall be provided upon
award of the contract.

Contractor's LiaisonlNCICINLETS checkslFingerprints.

The COTR shall be the contractor's liaison for the processing of data required for the INS to
conduct NCICINLETS, name and FBI fingerprint checks. The contractor's Detention Officer
shall provide the information listed below to the COTR for each employee and prospective
employee, whether designated Level 1 Low Risk or Level 5 Moderate Risk. The information
listed below shall be submitted together with the contractor's certifications required by paragraph
E, and the forms required by paragraph F. This information is due to the COTR at least 45 days
after final completion. The information listed below for additional employees, whether a
replacement, an addition, a subcontractor employee, vendor or volunteer, is due to the COTR 30
days prior to the employee's entry on duty date.
1.

Full name (with aliases, maiden name if applicable, or other names used),

Date of birth,

Gender,

Place of birth,

Social security number, and

Race.

C-28

000042

ACL-2-C-0004

CHAPTER 5 - TRAINING.
Under no circumstances shall an employee perform duties under this contract until all initial
training, or refresher training as required in this chapter, is successfully completed and certified
by the contractor in writing to the COTR for each individual employee. The COTR must
provide written approval prior to any employee being assigned to perform any duties under this
contract.

Training (General).

The contractor shall ensure that the training described in the ACA Standards and in this chapter
is provided to all employees. Refresher training shall be provided for each subsequent year of
employment. The contractor may either provide the required training or have an institution
acceptable to the INS provide the training. Failure of any employee to successfully complete
training is sufficient reason to disqualify him or her from duty.

Certified Instructors.

Certified instructors shall conduct all instruction. Instructors shall be certified by a state or
nationally recognized institution unless otherwise approved in writing by the COTR.
C.

Documentation.

All aspects of the training and all types of documentation associated with training programs are
subject to evaluation, monitoring, and approval by the COTR or his designee. The contractor
shall provide to the COTR, monthly documentation of the training completed for each employee,
including but not limited to the amount of training hours, type of training, date and location of
training, and name of the instructor.

Clerical/Support Employees.

The contractor shall provide all "clerical/support employees" who have minimal detainee contact
with 16 hours of orientation and training to be completed within 30 days of employment and
prior to being assigned to autonomous duties. The courses annotated (*) in paragraph H below
are mandatory courses. All employees in this category shall be given annual refresher training.
Refresher training shall consist of the mandatory training annotated (*) in paragraph H below
and shall occur each subsequent year of employment.

Support Employees.

The contractor shall provide all "support employees" who have regular or daily contact with
detainees with 56 hours of orientation and training which must be completed within 30 days of
employment and prior to being assigned to autonomous duties. All the mandatory training
courses described in paragraph H below shall be included in the 56 hours of training required
under this paragraph. All employees in this category shall be given annual refresher training.
Refresher training shall consist of the mandatory training described below, excluding paragraph
H(2l )(E) and (F), and shall occur each subsequent year of employment.
C-29

000043

ACL-2-C-0004

Security Personnel.

The contractor shall provide all "security personnel" with a total of 160 hours of training
including 8 hours of orientation training during their first year of employment. The contractor's
initial training shall consist of 40 hours of training, including 8 hours of orientation training,
which must be completed within 30 days of employment and prior to being assigned to
autonomous duties. All the mandatory training courses described in paragraph H below shall be
included in the 40 hours of training required under this paragraph. All employees in this
category shall be given annual refresher training. The forty hours of Refresher training shall
consist of the mandatory training described below. Refresher training shall occur each
subsequent year of employment.

Managerial and Administrative Personnel.

The contractor shall provide each member of the facilities administrative and managerial staff
with all of the mandatory training courses described in paragraph H below, including 8 hours of
orientation training. This training shall be completed within 30 days after employment. In
addition, the administrative and managerial personnel shall complete 24 hours of general
management training during the first year and each subsequent year of employment.

Mandatory Training Subjects.

The following is a list of mandatory training subjects and minimum hours of training that shall
be included in the employees training program.
1.
2.
3.*
4. *
5.
6.*
6.*
7.*
8.
9.*
10.
11.
12.
13.
14.*
15.
16.*
17.
18.
19.*
20.
21.

Constitutional Law
Ethics and Authority of Guards
Personnel Identification, Entry, and Exit ControI
Control
Identification and Control ofProperty
Methods of Sabotage and Espionage
Note Taking and Report Writing
Telephone and Radio Communication
Security Patrol Methods and Observation
Preliminary Emergency Medical Assistance, and Health Care Services
Detention and Use ofForce
Self Defense
Response To Crimes and Conducting Incident Inquiries
Fingerprinting
Human Relations
Handling Disorderly Conduct, Civil Disturbances and Other (riot) Incidents
Roles of Local, State, and Federal Law Enforcement Agencies
Preserving a Crime Scene
Courtroom Demeanor
Cultural & Ethnic Sensitivity
Escort of detainees including vehicular transport
Orientation
C-30

000044

a. *
b. *
c. *
d. *
e.
f.
I.

ACL-2-C-0004
Authority of Supervisors and Organization Code of Conduct and Federal
Standards
General Information and Special Orders for the Facilities to be Protected Under
this Contract.
Security systems and operational procedures for the Premises that Shall Be
Protected.
Facility self-protection Plan, all written emergency plans, or Emergency
Operational Procedures for the Locations to be Protected.
Transportation route familiarization.
Custody and detainee escort requirements and procedures.

Preliminary Medical Assistance and Health Care Training.

The Health Authority shall establish a training program for facility staff that provides instruction
in the following areas:
I.

The ability to respond to health related emergency situations within 4 minutes,

Recognition of signs and symptoms, and knowledge of action required in potential
emergency situations,

Administration of
offrrst
first aid and Cardiopulmonary Resuscitation (CPR),

Methods of obtaining medical assistance,

Recognition of signs and symptoms of mental illness, retardation, emotional disturbance
and chemical dependency,

Procedures for patient transfers to appropriate medical facilities or health care providers,

Administration of medication by non-medical personnel,

Recognition of suicide risks, and

Use of
ofuniversal
universal precautions.

Proficiency Testing.

The contractor shall comply with the requirements of this chapter by including the development
and implementation of a measurable proficiency-testing program covering all aspects of the
facility operation.
I.

The contractor shall conduct a written proficiency exam for each employee under this
contract at least annually.

All new employees shall be tested initially within the first 30 days of employment under
this contract.
C-31

000045

ACL-2-C-0004
The contractor shall provide written documentation to the COTR, upon completion of
each proficiency test, that certifies each employee has obtained, or is maintaining, the
stated minimum level of competency.

In the event an employee fails to meet the stated proficiency standards, the contractor
shall immediately remove the employee from performance of duty under this contract.
The contractor may elect to provide the appropriate remedial training and shall provide
the documentation referenced above to the COTR prior to reassignment to duty.

The results of the employee's proficiency test shall be maintained by the contractor and
available upon request for review by the INS COTR.

The contractor's proficiency program is subject to the review and approval by the INS
prior to being administered to the employees.

Transportation Training.

In addition to the training described in the ACA Standards, the contractor shall provide
orientation and training for Detention Officers assigned to transportation and stationary guard
service. The training shall include current INS directives on detainee processing, district policy
and procedures and specific requirements of this contract.
L.

Keys and Locks.

Contractor's designated staff shall be trained and certified from a school specializing in the
operation of locks and locking mechanisms.

CHAPTER 6 - SECURITY AND CONTROL.
The contractor shall maintain an Operations Manual that contains the written policy, plans, and
procedures for the supervision of detainees while in the custody of the contractor. The Manual
shall address each of the following paragraphs A through X.

Security and Control (General).

The contractor's comprehensive security plan shall include, at a minImUm, the following
physical security controls: environmental surroundings; barrier/perimeter protection; protective
lighting; employee parking; access control devices; intrusion detection system; closed circuit
television; segregated cells; and a processing/holding area.
B.

Direct Supervision of Detainees.

The contractor shall provide 24-hour supervision of all detainees, including direct supervision in
all detainee housing and activity areas to permit Detention Officers to hear and respond promptly
to emergency situations. There will be a sufficient number of guard posts within or immediately
adjacent to all detainee-housing areas. When a guard post is located outside of a detainee area,
the guard must be able to clearly view into the area and hear sound without electronic aid to
C-32

000046

ACL-2-C-0004
ensure prompt response to emergencies or inquiries from detainees. A minimum of 1 officer
must be assigned specifically to monitor each housing unit.

Detainee Labor.

The contractor shall provide work opportunities for detainee volunteers subject to the approval of
the INS.
1.

The contractor may solicit volunteers. The number and activities of such volunteers shall
be controlled and approved by the COTR prior to the assignment of the activities. The
contractor shall provide direct supervision of detainees at all times while perfonning
these activities. (REF Section J. Attachment J-3.13)

The contractor remains fully responsible to perfonn all services required under this
contract with neither interruption nor diminishment of service regardless of the
availability of detainee volunteers.

Creation of work opportunities is viewed primarily as a benefit to the INS and the
detainees in custody. It should not be considered by the contractor as an opportunity to
diminish services or responsibilities.

Control Center.

The contractor shall provide the facility with a control center and sufficient staff to provide full
24-hour coverage of designated security posts, surveillance of detainees, and to perfonn all
ancillary functions including but not limited to escorting detainees to immigration hearings and
the medical unit. Only Detention Officers shall perfonn around-the-clock supervision and
regulation of detainee movement.

Log Books.

The contractor shall establish control room and housing unit log books which contain a written
record prepared by the control room officer, ofthe following, for each shift:
1.

Personnel on duty;

Detainee population chart (detainee counts, shakedowns etc.);

Detainee movement in and out of the facility;

Shift activities (security checks, meals, recreation, religious services etc.);

Entry and exit of attorneys and other visitors; and

Unusual occurrences.

C-33

000047

ACL-2-C-0004
The various logs kept by Detention Officers shall be maintained throughout the duration of this
contract and must be available for inspection by the COTR at all times.

Detainee Counts.

The contractor shall provide a system that documents and monitors detainee movement and
physically counts detainees at least 4 times per day with no less than 1 detainee count per 8-hour
shift. The contractor's proposed system shall be subject to the approval of the COTR and
submitted prior to implementation.
G.

Daily Inspections.

Properly trained Detention Officers shall conduct thorough daily inspections of all security
aspects of the facility. All bars, locks, windows, walls, floors, ventilation covers, glass panels,
access plates, protective screens, doors and other security facilities shall be checked carefully for
operational wear and detainee tampering. The contractor shall provide written reports of these
inspections daily to the Warden and the COTR. All defective equipment shall be replaced or
repaired immediately.
H.

Control of Contraband.

The contractor shall conduct thorough searches for contraband at least twice monthly of all
detainee living quarters and other areas to which detainees have access. All vehicular traffic and
supplies entering and leaving the facility shall be regularly searched. Searches shall be
unannounced and irregularly timed and shall be conducted with minimum disturbance to
detainee possessions. Only contraband items shall be confiscated. Records of searches shall be
prepared and maintained. Copies of search records shall be provided to the COTR, upon request
or as part ofthe daily incident or activity report.

Keys and Locks.

The contractor shall provide a written policy and procedure governing the control and use of
keys. These procedures shall include but are not limited to:
1.

A method of inspection to expose compromised locks or locking mechanisms and method
of replacement for all damaged keys and locks;

A preventive maintenance schedule for servicing locks and locking mechanisms and
method of logging all work performed on locks and locking mechanisms; and

A policy for restricting security keys from 24-hour issue and removal from the institution
and method of issuing emergency keys. Emergency keys shall be available for all areas
ofthe facility to which emergency access or egress may be necessary.

A requirement to notify the COTR immediately in the event a key or locking mechanism
is compromised.
C-34

000048

ACL-2-C-0004
All INS and EOIR areas shall have a separate key control system as prescribed by the INS. Fire
and emergency keys for the facility shall be made available in both the contractor's
administrative area and the INS administrative area.

Tools and Culinary Equipment.

The contractor shall provide written policy and procedures governing the control and use of tools
and culinary equipment. The control system must provide for tools brought into the facility by
outside maintenance persons.
K.

Control of Chemicals.

The contractor shall establish a written policy and procedure governing the storage of all
flammable, toxic and caustic materials in accordance with all applicable laws and regulations.
The contractor shall ensure that detainees are never in possession of items such as lye,
insecticide, antifreeze and denatured alcohol. Such materials shall be stored in secure areas that
are not accessible to detainees.

Post Orders.

The contractor shall prepare comprehensive written post orders for each staffed post in the
facility. Post orders and changes to post orders shall be submitted to the COTR for review and
approval prior to implementation. Post orders shall be made available to all employees. All
Detention Officers shall certify in writing that they fully understand and agree to comply with all
post orders prior to the officer being initially assigned to that post. Detention Officer
certifications shall be retained by the contractor and made available to the COTR upon request.

Use of Force.

The use of physical force by Detention Officers is restricted to instances of justifiable selfprotection, protection of others, protection of property, prevention of escapes, and only to the
degree necessary to safeguard the well being ofthe detainee(s) and others in the immediate area.
1.

In no case shall physical force be used as punishment or discipline.

The contractor's written policies and procedures shall be consistent with INS's Policy
Statement on the use of non-deadly force attached under Section 1.
J.

The contractor's written policies and emergency procedures shall identify appropriate
responses under different circumstances and locations (e.g., confined areas, living
quarters, facility grounds, transporting detainees, pursuing escapees from the facility) and
differentiate between the use of lethal and non-lethal force.

The contractor's written policies and emergency procedures shall be consistent with BOP
Program Statement 5566.04 on the subject of Use of Force and Application of Restraints
on Detainees.
C-35

000049

ACL-2-C-0004
All instances of use of force shall be communicated to the COTR when reasonably
practicable. A detailed written report reviewed and approved by the Warden shall be
provided to the COTR within 48 hours of the incident.

The responsible Detention Officer(s) prior to being relieved of their shift shall prepare a
written report.

The physical force report shall include:

An accounting of the events leading up to the use of force;

An accurate and precise description of the incident and reasons for employing
force;

A description of the injuries suffered, if any, and the treatment given and/or
received, and;

A list of all participants and witnesses to incident.

Use of Restraints.

The contractor shall provide written policy and procedure governing the use of restraint
equipment on INS detainees. Instruments of restraint shall never be applied as punishment or for
more time than is absolutely necessary. Instruments of restraint shall be used only as a precaution
against escape during transfer, for medical reasons by direction of the Health Authority, or to
prevent detainee self-injury to others or property damage. The contractor shall ensure that
restraint equipment is accurately inventoried and recorded.
1.

The restraining equipment routinely used consists of handcuffs, waist chains, and leg
irons. Disposable nylon straps may be used in lieu of handcuffs or leg irons only in
emergencies or mass arrest situations. They also may be used when a detainee's wrists or
ankles are too large for conventional restraints. Authorized supplemental restraining
devices are pad locks, lead chains, black or blue boxes, tape (to cover locks only) and,
under special circumstances, straight jackets and cargo straps. All other devices are
prohibited.

A detainee should not be secured to a fixed object under circumstances that would
endanger the detainee's life.

Handcuffs and leg irons will be double locked when in use. The keyhole on handcuffs
will face away from the body. The keyhole on leg irons will face the ground. Restraints
will be inspected frequently to discourage escape manipulation.

Detention Officers responsible for detainee custody, production, and transport must
ensure the safeguarding of all security equipment and upkeep of such equipment.

C-36

000050

ACL-2-C-0004
When detainees are transported by automobile, station wagon, bus or van, handcuffs,
waist chains and leg irons will be used on each detainee. Two sets of handcuffs or one
set of handcuffs with a black box should be used on detainees who are escape risks.

Leg irons will be used on detainees confined to a hospital bed, if that facility does not
have a jail ward. If leg irons must be removed for medical or other compelling purposes,
handcuffs will be applied prior to removal of the leg irons, and handcuffs will not be
removed prior to applying leg irons. Leg irons and/or handcuffs will not be removed
from a detainee undergoing medical care when he bathes or showers. When compelling
medical reasons dictate, restraining devices will not be used.

All instances of use of restraints for purposes of long-term immobilization or in
conjunction with the use of force shall be communicated to the COTR when reasonably
practicable.

A detailed written report reviewed and approved by the Warden shall be provided to the
COTR within 48 hours of the incident.

The routine use of restraints for movement and incidental control of detainees does not
have to be reported to the COTR.

Searches.

The contractor shall provide a written policy and procedure for the following: Pat down searches,
strip searches, body cavity searches, including those searches that require intrusion or digital
intrusion into body cavities, and X-ray searches.
1.

Pat down inspections are conducted when there is a reasonable belief that the detainee is
carrying contraband or other prohibited material.

Strip searches shall be performed during the admissions process, prior to removal of the
prisoner from the facility for purposes of a courtroom appearance, and prior to prisoner
transportation via the Justice Prisoner and Alien Transportation System (JPATS).
Contractor shall ensure that detainees do not possess tobacco products when scheduled to
appear in court or as otherwise directed by the COTR.

Strip searches must take place in a location where visual privacy is ensured and without
television monitors. A physician, physician's assistant, or nurse should conduct searches
of body areas covered by bandages or dressings, if at all possible. Only a member of the
same sex will conduct strip searches, if at all possible.

An intrusion or digital intrusion search will be undertaken only when there is probable
cause to believe that the prisoner has concealed contraband in a body cavity. A
physician, physician's assistant, or nurse will conduct intrusion and digital intrusion
searches unless exceptional circumstances require emergency action by non-medical
personnel. The reason for such a search and the results thereof must be documented in
detail in a report that shall be made available to the COTR upon request. If
C-37

000051

ACL-2-C-0004
circumstances indicate that an intrusion search is justified, but not immediately required
for personal security reasons, the U.S. Attorney should be contacted regarding the
advisability of a search warrant in light of recent case law regarding internal searches of
detainees.
A photographic search by use of x-rays for swallowed contraband, contraband hidden in
casts, prosthetic devices or prisoner's property. The reasons for this search and the results
thereof must be documented in detail in a report that shall be made available by the
COTR upon request. A physician must first authorize this medical procedure.

Weapons.

The contractor shall have written policies and procedures governing the use of weapons.
1.

The contractor shall not pennit
permit weapons of any kind to be taken inside the security
perimeter of the facility by any person.

The contractor shall ensure that all weapons are checked and secured in appropriate
weapons lockers.

If there is an internal attempt to breach security, and if it becomes imperative for
contractor staff guarding detainees to ann
arm themselves for the protection of staff or
detainees, weapons must be authorized by the Warden before being taken into the
affected area.

Post Shooting Incidents.

The carrying and use of fireanns
firearms shall meet all federal, state and local laws. Additionally,
contractor shall provide written policy and procedures for the conduct of post-shooting incident
reviews that substantially complies with Resolution 13, issued November 18, 1993, by Louis J.
Freeh, Director of Investigative Agency Policies. The contractor shall cooperate with the INS in
the review of all incidents.

Administration/Special Housing Unit (SHU).

The contractor shall immediately notifY the COTR whenever any detainees are placed into the
segregation unit and the reason for the action. The contractor shall provide a written report of
the incident within 24 hours of the occurrence to the COTR. The contractor shall also provide
daily written status reports of the detainees in the SHU to the COTR.
The contractor shall maintain a detailed log of events on all detainees housed in the SHU. This
log shall be maintained for the duration of the contract and must be available for inspection by
the COTR at all times.

Perimeter Security.

The contractor shall have written policies and procedures governing the patrol and surveillance
of perimeter security. Continuous perimeter surveillance of the facility is required.
C-38

000052

ACL-2-C-0004

Intelligence Information.

The contractor shall notify the COTR concerning information regarding issues affecting safety,
security and the orderly operation of the facility.

U.
u.

Release of Information to PubliclNews Media.

The CO shall be notified when a request is made for detainee or employee interviews or facility
visits by any representative of the media, a member of Congress or Congressional Staff, a
Federal Judge, or an official of a foreign government. The contractor shall ensure employees
agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily
reflect the position of the INS or DOJ in any public presentations they make or articles they
write. Contractor shall also ensure that employees submit, for advance review by the CO, the
text of all such presentations or articles. The contractor shall coordinate all public information
related issues with the CO and clear, in advance, all press statements and releases with the CO.

Judicial Communication.

Written policy and procedures shall ensure a positive relationship is maintained with all levels of
the Federal Judiciary. Procedures shall include a tracking system which ensures all judicial
inquiries and program recommendations are responded to in a timely and accurate manner. All
judicial inquiries and contractor responses, specifically related to a detainee, shall be made part
of the detainee's central file.

Immigration Court Security.

The contractor shall provide two bailiffs (Detention Officers) for each courtroom when the
Immigration Court (EOIR) is in session to escort detainees into and out of the courtrooms and to
maintain security while court is in session. This duty includes both regular and telephonic
courts. The contractor shall provide additional bailiffs for Multiple Accelerated Special
Hearings (MASH) to ensure adequate control is maintained in the courtrooms. The contractor
shall adhere to all scheduled detainee hearings. Detainees shall be presented to the hearing room
in a timely manner. When necessary, the contractor shall ensure detainees are present for
hearings past the normal courtroom schedule. Detainees shall not be removed from the hearing
room area without authorization from the Immigration Judge or the COTR.
CHAPTER 7 - DETAINEE TRANSPORTATION AND GUARD SERVICES.

INS Requirements.

[With the exception of medical transportation and stationary guard services, INS will
supply its own transportation]
The contractor shall be required to provide armed guards to transport detainees and to provide
stationary guard services for off-site medical purposes.

C-39

000053

ACL-2-C-0004

Cost of Transportation Separately Priced.

The cost of the transportation and the hourly rate for the guards (for transportation of detainees)
shall be separately priced under Item 0002 (See Section B).

Communications System.

The Contractor shall establish a communications system that has direct and immediate contact
with all vehicles and transportation post assignments. Upon demand, the INS shall be provided
with the current status of all vehicles and post assignment employees.

Transportation Procedures.

Detainees shall not be permitted to select places, routes of travel, rest stops, or in any
other manner to influence the travel itinerary.

Detention Officers shall be alert for conversation by and between detainees which
provide investigative leads or indications of escape attempts, and will promptly report
such conversations to their immediate supervisor.

Detainees will not be permitted to possess or expend any funds while in transit.

Detainees will not be permitted to converse with anyone except other detainees and
custodial authorities while in transit.

Detainees will not be permitted to place telephone calls while in the custody of
Contractor personnel.
Detainees will not be permitted medication except that prescribed by a physician or as
indicated by a physician. Medication, which must be administered by hypodermic
syringe, will be injected only by medical personnel.

Handcuff and leg iron keys will not be carried on the same key ring as motor vehicle
ignition keys or other general use keys.

Guests, hitchhikers, and persons not serving in an official capacity, or other persons not
in the custody of the INS, will not be permitted in vehicles while detainees are being
transported.

Rest Stops.

Vehicles will be parked as close to the rest rooms as possible. Police facilities should be used
when possible. Rest areas on interstate highways should be avoided and facilities should be
selected at random after departing the interstate highway. Detainees will not be left unguarded at
any time. All detainees will remain under close surveillance at rest stops, both in the vehicle and
in the rest rooms. A thorough search of rest stop facilities will be conducted for contraband and
items that may be used as weapons, and any item that may be used in an escape attempt prior to
permitting detainees use of the facility. Restraining devices will not be removed. Each time a
C-40

000054

ACL-2-C-0004
detainee is placed in or removed from a vehicle, all restraints will be thoroughly checked to
determine that each device used is secured.

Vehicle Transportation Staffing.

The contractor shall provide an unarmed driver and 2 armed transportation !Detention Officers, if
transporting detainees by bus. The contractor shall provide an armed driver and one armed
transportation/Detention Officer if transporting detainees by van or automobile. Additionally,
the guards hired for transportation and stationary guard services shall have the same
qualifications, receive the same training, complete the same security clearances, and wear the
same uniforms as INS Detention Officers provided for in the other areas of this contract. Guards
responsible for transporting prisoners shall have the appropriate state licenses to carry firearms in
states to, from and through which the guard transports any detainee. The contractor shall provide
proof of such licensure to the COTR upon request.

Vehicle Loads.

The contractor shall not attempt to transport more than a full load of detainees per trip in any
vehicle. A full load for automobile trips is 3 detainees in the rear seat behind the barrier. The
number of detainees assigned to a bus or van will not exceed the designed passenger load for that
vehicle.

Vehicles.

The contractor shall furnish sufficient vehicles in good repair and suitable, as approved by the
INS, to safely provide the required transport detainees. The contractor shall not allow employees
to use their privately owned vehicles to transport detainees. The contractor shall ensure the
vehicle, whether bus, van or automobile, includes a secure barrier to separate the detainees from
the armed
anned guards. All vehicles used to transport detainees shall be air-conditioned. Inside rear
door handles will be removed or rendered inoperable on all sedans used for detainee transport.
The driver and guard personnel will be separated from detainees by security screens constructed
of Plexiglas or steel mesh.

Vehicle Security.

Vehicles will be searched prior to use for detainee movements and after each detainee trip. The
search will include not only an inspection of the detainee area but also the entire interior of the
vehicle, front and back. If the trip involves more than one day, the search shall be completed
prior to loading detainees at the beginning of the day and at the end of each day. The Contractor
shall establish a communications system that has direct and immediate contact with all vehicles
and post assignments.

Requirements For StationarylHospital Guard Services.

When detainees must be removed from the facility for medical purposes, the contractor shall
continue to be responsible for the security of the detainees during the medical appointment. If
C-41

000055

ACL-2-C-0004
the detainee is hospitalized, the contractor shall place guards with the detainee in accordance
with instructions from the COTR.
I.

Standard hospital guard procedures require detainees in custody to have 2 armed guards.

Detainees shall be either handcuffed to the bed or in leg irons chained to the bed.

Guards shall keep the detainee under constant supervision 24 hours per day until the
detainee is ordered released from the hospital.

Visits by family and friends will not be allowed without the approval of the designated
INS Detention Officer. Attorney visits may be permitted under conditions of appropriate
security. Designated INS Detention Officers may authorize visits to detainees by family
members under certain circumstances such as terminal or major illnesses.

A list of approved visitors will be developed by the contractor during intake/screening
process and provided in advance to guard personnel. Guards are to maintain a visitor
register showing name (established with proper identification), address, date, and time of
visit. Visits should be limited in length as dictated by INS policy and hospital policy.

Detention Officers and/or guards are to instruct hospital personnel that all packages, mail,
flowers, etc., must be carefully searched for contraband by guards prior to delivery to
detainees. Detention Officers and/or guards are required to notify the Designated
Detention Officer regarding any item in question before delivery to a detainee. Guards
shall maintain a log of all articles given to a detainee and the name and addresses of
senders or providers. Any contraband found should be seized by the guard and a full
written report submitted within 24 hours to the designated INS Detention Officer along
with requests for appropriate action (if appropriate).

CHAPTER 8 - HEALTH CARE SERVICES.
A.

Plans.
Plans, Policies,
Policies. and Procedures for Medical Emergencies. The contractor shall
provide written plans, policies, and procedures for medical emergencies that may occur
while the detainees are in the custody of the contractor. In the event an emergency
condition arises, the contractor shall take the appropriate action as approved in their
policies and procedures.

Space. The contractor shall provide for space, equipment, and maintenance necessary to
operate a medical unit staffed and operated by an INS health care provider. The
contractor shall provide the equipment identified in attachment #11, and shall maintain
this equipment for use by the health care provider.

Instructions. The contractor shall provide the detainees written instructions for gaining
access to health care services during intake processing. The contractor shall ensure that
these instructions are explained in the detainees' native language, and they are explained
orally to detainees who are unable to read, in accordance with SUBSECTION 2,
C-42

000056

ACL-2-C-0004
Paragraph D. Detainees shall not be used to translate health care instructions nor should
other detainees be used to interpret or translate medical problems, except in emergency
situations. Contractor shall be responsible for establishing language interpretation
services to satisfy this requirement, e.g., commercial phone language interpretive
services. The detainee shall also be provided instructions and assistance in personal
hygiene, dental hygiene, grooming and health care.
D.

Emergency Procedures. All staff members shall have current certification in emergency
first aid procedures, including cardiopulmonary resuscitation (CPR) prior to assuming
duties at the facility.

Security. The contractor shall provide security coverage in the medical unit no less than
twelve (12) hours per day, seven (7) days per week as scheduled by INS, and whenever a
detainee is present in the medical unit.

First Aid. The contractor shall be responsible for the installation of the basic first aid
containers that shall be provided by the health authority. The number and locations shall
be determined by INS. Stocking and replenishment of the first aid kits shall be the
responsibility of the health authority.

Off-Site Medical Services. Only health related services authorized by either the
designated health authority or the INS COTR shall be provided under this contract. The
contractor shall perform transportation, supervision, and escort services for detainee(s)
receiving off-premise medical treatment (including hospitalization) as directed by INS, in
accordance with the post assignments and transportation requirements specified in
Section C. The contractor shall immediately notify the health authority and the INS
COTR within one (1) hour ofthe occurrence.

Communicable or Debilitating Physical Problems. The contractor shall separate a
detainee from the general population when a communicable or debilitating physical
problems is suspected, and shall immediately notify the on-site medical authority and
report in accordance with Subsection 4. Paragraph F. of this section.

Detainee Death. In the event of a detainee death, the contractor shall immediately notify
the appropriate local authorities and the COTR in that order.

Emergency Evacuation. The contractor shall provide written policy and procedure
which define medical emergency evacuation of detainee(s) from within the facility.

Health Compliance. The contractor shall provide written policy and procedure that
require that detainee's written health complaints are solicited. The procedure shall include
a schedule for delivery of the complaints to the medical facility for appropriate follow-up.
The contractor shall provide secure lock boxes in each detainee dorm/day room area for
the deposit of detainee request for medical services. Only the local health authority shall
have access to the lock boxes.
C-43

000057

ACL-2-C-0004
Protection of Medical Records. The contractor shall provide written policy and
procedure for the protection, security, confidentiality, and release or dissemination of
information of a detainee's health status or medical records.

Record of Medication. The contractor shall provide written policy and procedure which
requires that records of all medications distributed by non-medical staff are maintained
and audited monthly, and include the date, time and name of the detainee receiving
medications, and the name of the staff member distributing it.

Administering Medications. Contractor personnel administering medications shall do
so only under the direction of a responsible physician and after having received
appropriate training. They are accountable for administering medications according to
orders, and recording the administration of medications in a manner and on a form
provided by the health authority.

On-Site Health Care. The health authority shall provide on-premises health care
including routine medical supplies and over the counter medications.

Off-Site Facilities INS reserves the right to designate health care facilities, (i.e.,
hospitals, labs, clinics) which the contractor shall use for outside detainee referrals.

Billing. INS shall direct all off-premises health care providers, both in-patient and outpatient, to submit bills directly to the INS COTR at the facility for review and payment.

Protection of Employees. The contractor shall provide a comprehensive plan and
procedure to safeguard employees against exposure of bloodborne pathogens as
prescribed by OSHA. The contractor shall furnish all necessary equipment to comply
with this requirement.

Training. INS shall establish a training program in cooperation with the Facility
Administrator to provide instruction to the facility staff, which shall include the following
topics:
1.
2.
3.
4.
5.
6.
7.
8.

The ability to respond to health related situations within four minutes;
Recognition of signs and symptoms, and knowledge of action required in potential
emergency situations;
Re-certification in First aid and cardiopulmonary resuscitation (CPR);
Methods of obtaining assistance;
Recognition of signs and symptoms of mental illness; retardation, emotional
disturbance and chemical dependency and;
Overview of communicable diseases and use of universal precautions;
Administration of medication by non-medical personnel;
Procedures for patient transfers to appropriate medical facilities or health care
providers;
C-44

000058

ACL-2-C-0004

CHAPTER 9 - PHYSICAL PLANT.
The contractor shall operate and maintain the entire physical plant (interior and exterior)
including all buildings, equipment, utilities, grounds, roadways, and systems (e.g., mechanical,
electrical, HVAC, plumbing, alarm and fire suppression, life safety, security, radio,
telecommunication and utility distribution) in accordance with all applicable federal, state and
local laws, regulations, guidelines, policies, and design, equipment and material specifications.

Activation Period.

Following final completion of the facility, the contractor shall assume full responsibility for the
operation, maintenance and security of the facility. The contractor shall begin accepting
detainees 90 days after final completion or sooner if requested and the INS determines the
contractor is capable of accepting detainees. Designations to the facility are anticipated to occur
simultaneously at an estimated rate of 40 per week.

Contractor Responsibilities (General).

The contractor is responsible for:

The labor, equipment, supplies, management and oversight of all alterations, repairs,
improvements and maintenance to the physical plant, including all equipment and
utilities, energy conservation and all major operating units.
The budget, personnel and reporting compliance in accordance with the SOW.

Monitoring of environmental requirements of federal, state and local regulations.

Assuring required licenses and permits are obtained and on file as prescribed by federal,
state and local laws. Licenses and/or permits may be required to conduct actions related
to boiler plant operations, sewage plant operations, potable water treatment systems, fuel
storage tanks, etc.

Construction Drawings.

The contractor shall provide a complete copy of the physical plant design as it exists upon final
completion along with any proposed changes that are needed to comply with this SOW.

Licensing Requirements and Certificates of Compliance.

The facility shall conform to all applicable state and local building and fire codes and applicable
licensing requirements.
The contractor shall demonstrate compliance with the above
requirements to the COTR prior to occupancy.

Habitability.

The contractor shall provide a facility that ensures the safety and basic human rights of all
detainees and which meets all the requirements and scope of this contract, including but not
C-45

000059

ACL-2-C-0004
limited to: accessibility, habitability, and protection of the general welfare of the detainees as
well as all persons requiring access to the facility. Failure of the contractor to provide a fully
functional and operable facility for the use intended shall be considered a failure to perform the
material aspects of this contract, unless such failure results from circumstances beyond the
contractor's control.

Physical Plant (General Requirements).

In addition to satisfying the requirements of INS ACA standards and/or the Washington Building
Code applicable to the physical plant, the following are required:
1.

The facility shall be capable of housing at least 500 detainees.

The facility shall be located within the physical boundaries of the Southern District of
Washington.

The facility shall allow periodic inspections to be performed by DOl
DOJ personnel. Findings
of the inspection will be shared with the WARDEN in order to promote improvements to
facility operations, conditions of confinement
confmement and levels of services.

An infirmary shall be provided to support 24 hour a day medical care. Clinical services
shall be provided for the general population. There must be an examination room, a
records room, isolation rooms, a common bathing room which is handicap-accessible,
and a secure area (pharmacy) for drugs, medicines and supplies.

5.
6.

There shall be a vehicular accessible sally port to accommodate a 50 or more passenger,
over-the-road, commercial bus.
There shall be separate access to the facility for prisoners, services, and public entry.

There shall be a general library.

There shall be an administrative/segregation unit.

There shall be an intake/release. area located inside the security perimeter but separate
from the housing units, with the following components:
a.

Processing area with counter and space for ID/photo/fingerprint of detainees,

A medical screening room,

Shower facilities,

lor more temporary holding rooms,

A secure vault or room with a property exchange counter for the storage of
detainee personal property,
C-46

000060

ACL-2-C-0004
f.

A detainee institutional clothing exchange and storage room,

Telephone facilities, and

Interview/visitation rooms.

10.

There shall be at least 2 weapons lockers located outside the security area; 1 to be located
outside the door at the intake/release area and 1 to be located in the front of the public
entrance.

11.

When males and females are housed in the same facility, they shall be provided quarters
that are separated physically, visually and acoustically and do not allow unauthorized
access between the separate areas.

12.

The facility design shall incorporate a security perimeter that prevents unauthorized
ingress and egress from either within or outside the facility.

13.

There shall be space for the secure storage of restraining devices and related security
equipment. The equipment shall be located in an area that is readily accessible to
authorized persons only.

14.

The contractor shall provide space for its administrative, professional and clerical staff,
which shall include a conference room, employee lounge, male/female locker rooms with
toilets, storage room for records, and a public lobby with toilet facilities.

15.

There shall be at least 1 multipurpose room, in addition to the day rooms, available for
detainee activities such as religious services, educational programs or library.

16.

An area shall be dedicated for detainees to obtain hair care services. The area shall be

located so as to permit observation by staff and not be used for food preparation or
storage.
17.

Storage areas to be available for the storage of cleaning equipment which are well
ventilated and furnished with a sink and located in each principal area ofthe facility. All
storage areas shall be tamper resistant, secure, and inaccessible to detainees. Cleaning
chemicals shall not be stored within the dorm/dayroom areas. Access to storage areas
containing cleaning chemicals shall not be from within the detainee dayroom areas. Only
contractor personnel are authorized to dispense cleaning chemicals to the detainees.
These chemicals shall be appropriately diluted prior to dispensing to the detainees.

18.

For INS detainees, the contractor shall provide sufficient indoor recreational equipment
to support an active and passive recreation program.

19.

For INS detainees, the contractor shall provide a separate indoor exercise area with
equipment appropriate for indoor exercise needs.

C-47

000061

20.

ACL-2-C-0004
There shall be a minimum of 1 outdoor exercise area of a size consistent with the size of
the detainee population and scheduling requirements. Each outdoor recreation area shaH
shal1
contain equipment appropriate to outdoor exercise needs.

21.

Storage space for clothing, bedding and facility supplies and equipment. Areas shal1
shall be
secure and inaccessible to detainees. AH
AI1 materials shall be securely stored within the
designated storage rooms. Temporary storage of these items outside the designated
shal1 not be permitted.
rooms shaH

22.

al1 mechanical maintenance equipment, as well as
Separate and adequate space for all
appropriate building and grounds maintenance equipment. This component includes
shop, storage spaces and staff work spaces required for the physical upkeep of the facility
and site.

23.

shal1 provide sufficient parking spaces for contractor employees and
The contractor shall
visitors either adjacent to or in close proximity to the facility.

24.

The contractor shall provide a lunch room large enough to accommodate both contractor
and government employees.

25.

shal1 be a separate designated kitchen area for food preparation that fully
ful1y meets aH
al1
There shaH
state and local sanitation and health requirements.

26.

shal1 be located within the facility in compliance with ACA
Telephone hookups shall
standards.

Physical Plant (Safety and Emergency Requirements).

The contractor shall
shaH ensure that the facility has the fuHy
ful1y functional equipment necessary to
ensure automatic transfer of services for essential lights, power and communications in an
emergency, including a sufficient number of exits in housing units and lockdown systems.
1.

The contractor shaH
shal1 provide a plan to the COTR 30 days after final completion detailing
the location of master control panels, valve shutoffs and all areas supported by the
emergency power and communications systems.

al1 exits are distinctly marked, kept clear and in usable
The contractor shall ensure that aH
condition. There shall be at least 2 separate and identifiable exits in each detainee living
area and other high-density areas to permit the prompt evacuation of detainees and
employees under emergency conditions. These exits shall lead directly to a hazard free
area where direct supervision of detainees can be made in accordance with the
contractor's approved policies and procedures.

The contractor shaH
shal1 install an emergency facility lockdown system comprised of
electronic locking mechanism to control all entrances/ exits at the perimeter of the
shal1 have a remote override system, with controls located at the
facility. This system shaH
shaH also be equipped with electronic release
central control room. The facility shall
C-48

000062

ACL-2-C-0004
mechanisms in the control area that can be locked out in the event of an emergency to
ensure no release may be made from the interior of the facility should the contractor lose
possession ofthe control room.
H.

Physical Plant (lNSIEOIR Administrative Space).

The contractor shall provide, at a minimum, furnished office space for the following government
personnel:

Title

Office Type

Number

Immigration Judge
Support Staff
Court Administrator
Attorneys
Attorneys' Clerical staff
Officer In Charge
Supervisory Detention and
Officer
Detention Officers
Deportation Officers
Deportation Clerical Staff
COTRs
Receptionist/Secretary

Private
Open
Private
Private
Open
Private
Private

2
6
I
4
1I
1I
1

Private
Open
Open
Private
Open

5
10

5
2
1

In addition to the office space required above, the contractor shall provide the following
administrative space for government areas:
Conference Room
Private MalelFemale Restroom Facilities
Break Room
Storage Room
CopylFax Room
Case File Room
Temporary Holding Rooms
Law library
Locker Rooms (male and female)
Fitness Room

The contractor shall provide 2 courtrooms complete with dais and sally port to the
security perimeter. The courtrooms shall be equipped, at a minimum, with a table for the
detainee and hislher attorney(s), a lectern, a rail dividing the public from the court,
Judges' benches and pews for public seating. The courtrooms shall be designed to
provide optimum acoustics.

C-49

000063

ACL-2-C-0004
The contractor shall provide a telephonic/video conferencing hearing-conference room
that shall contain a large conference table capable of seating a minimum of 6 people, as
well as separate seating for 5 people within the room.

The contractor shall provide sufficient free parking spaces to accommodate both contract
and government staff. Parking areas must have lighting to allow for adequate security
during the night. Handicapped parking must be provided in accordance with local zoning
laws.

The contractor shall equip all government areas with sufficient conduit to wire for
computers and FTS system. Further, all government areas shall be equipped with
adequate and accessible power outlets including dedicated outlets as needed for INS
equipment, e.g., copiers, fax machines, computers, etc.

Replacement of Property and Equipment.

Equipment and material specifications and standards (such as paint, floor covering, building
materials, doors, hardware, windows, etc.) specified in the master design and construction
specifications shall be followed when repairing, replacing and maintaining the equipment and
property.

Preventive Maintenance/lnspections.
Maintenancellnspeetions.

The contractor shall manage the total work effort associated with the operation, maintenance,
and repair of the physical plant in accordance with the following:
1.
I.

The contractor shall develop and maintain a preventive maintenance program and a
corrective maintenance plan. A copy of the preventive maintenance plan/corrective
maintenance plan shall be provided to the COTR 30 days after final completion.
Thereafter, complete service records of all institutional equipment shall be maintained
and made available to the COTR upon request.

The contractor shall be responsible for all preventive maintenance, corrective
maintenance, calibration and repair of all facility property in accordance with
manufacturer instructions and applicable regulations and standards. All equipment shall
be maintained in a safe and proper manner free from damage, in operating condition and
in a state of cleanliness. Monthly reports on all maintenance activities, including
comparative information from the previous month shall be provided to the COTR.

If the COTR determines the contractor has failed to comply with obligations regarding
maintenance, repair or replacement of facility or property thereon, he may notify the
contractor of that failure but is not obligated to do so. An omission by the INS not to
provide notification shall not relieve the contractor of its obligations hereunder. In the
event the CO provides written notice of said failure, the contractor shall promptly comply
with its obligation to remedy the failure within the time specified. Should the contractor
fail to effect the maintenance, repair or replacement within the specified time, the INS
may avail itself of any or all of the remedies described elsewhere in the contract.
C-50

000064

ACL-2-C-0004
K.

Physical Damage.

Promptly after the occurrence of any physical damage to the institution, the contractor shall
report such damage to the COTR. It shall be the responsibility of the contractor to repair such
damage, to rebuild or restore the institution consistent with the master design and construction
specifications for the facility at no cost to the INS.
L.

Smoking/Non-smoking Facility. [To be determined]

NEPA Compliance

1.
The National Environmental Policy Act of 1969, as amended requires Federal agencies
to consider the impact of their significant activities on the environment and protect
environmental values. Because construction or use of a facility detaining aliens is considered
significant under the Act, under 28 CFR61, and under 40 CFR 1508.18, representatives of the
Headquarters Facilities Engineering at the Immigration and Naturalization Service must assess
and provide for mitigation ofthe environmental impact of all sites proposed by offerors in the
competitive range. These Government conducted Environmental Assessments may take 90 days
or longer.
2.
Ifsome proposed sites have a significant impact as defmed by the Environmental
Assessment, but others do not, the sites with the significant environmental impact mayor may be
not be considered further in the award process. In that event, the contracting officer will
continue discussions with the offerors of the applicable remaining sites and make an award.
3.
Ifthe Government finds that ALL sites proposed by the offerors in the competitive
range would have a significant impact upon the environment, the Headquarters Facilities
Engineering Branch of the Immigration and Naturalization Service will conduct an
Environmental Impact Statement study on each site assessed. Completion of all the
Environmental Impact Statement studies could take as long as an additional 18 months.
4.
Offerors are required to submit the following site information to the Contracting Officer
along with the proposal:
a. The address ofthe site to include County, City and street address.
b. A description and square footage ofthe site, proposed buildings, parking areas and paved
areas.
c. Current use ofthe site.
d. Plan for protection and clean up ofwater, air and land resources during and after
construction or alteration the site.
e. Any Environmental Assessments and/or Environmental Impact Statements that have been
performed on the site proposed to date that conform to the Council of Environmental Quality as
specified in 40 CFR 1500 to 1508's application of the National Environmental Policy Act of
1969, as amended.

C-51

000065

ACL-2-C-0004

CHAPTER 10 - SAFETY AND EMERGENCY STANDARDS.
The facility shall comply with all applicable federal, state and municipal sanitation, safety and
health codes. All alterations, construction, renovation or use condition changes shall maintain
fire safety at the level described in this chapter.

Documentation.

The contractor shall provide the COTR with copies of all certificates of compliance indicating
that the facility has met all applicable federal, state and local fire, safety and health codes. These
certificates shall be submitted within 30 days after final completion of construction of the
facility.

Fire Prevention Plan.

The contractor shall provide written plans, policies and procedures which outline the facility's
locally approved fire prevention plan ensuring the safety of staff, detainees, and visitors. The
plan shall include, but is not limited to, provision for an adequate fire prevention service, a
system of fire inspection and testing of equipment by a local fire official at least annually, and
availability of extinguishers at appropriate locations throughout the facility. A locally certified
fire alarm and smoke detection system shall be provided by the contractor covering every area of
the facility.

Weekly Inspections.

There shall be a fire and safety inspection ofthe facility at least weekly by a properly trained and
qualified Safety Officer. Documentation of the weekly inspections shall be made available to the
COTR for review. The INS may perform inspections as deemed necessary to assure compliance
with all health, safety and emergency procedures.

Inj Dry Reports.

The contractor shall comply with all applicable federal, state, and municipal safety regulations in
the performance of this contract. The contractor shall prepare a complete report and provide it to
the COTR within 48 hours of any job-related injury.

Smoke Free Environment (optional).

The contractor, at its option, may require the facility to be a smoke free environment. If the
contractor allows detainees to smoke, it shall not allow detainees to possess tobacco products
when making court appearances.

EmergencieslEscapeslFacilitieslDisturbances.

The contractor shall provide written plans, policies and procedures which have been fully
coordinated with local officials and the INS, that specify actions to be followed in emergency
situations, including, but not limited to fire, detainee disturbances, the taking of hostages, and
C-52

000066

ACL-2-C-0004
evacuation of the facility including the medical unit. These plans and procedures are to be made
available to all contractor employees and reviewed and updated annually.
1.

Escapes.
a.

Plans and procedures shall include prompt reporting of
ofthe
the escape to the INS duty
officer or chief deputy, the Designated Service Officer, and the COTR.

The contractor assumes absolute liability for the escape of any detainee in
custody.

The contractor shall be assessed a fee for each detainee escape which occurs
while the detainee(s) are in the custody of the contractor. Refer to Attachment M
- Incentives for a description of the fee assessment. In addition, the INS may
make deductions due to nonperformance under the inspections clause(s) of the
contract.

Escapes shall be grounds for removal from duty of the employee(s) responsible if
the employee(s) was determined to be at fault by the INS or the contractor.

Corrective actions shall be taken immediately and verbally communicated to the
COTR. A written report of the remedial action shall be due to the COTR 5 days
after the escape.

Procedures shall require the contractor, on a monthly basis, to verify and update
the names and phone numbers contained on the emergency notification list and
checklist attached to all emergency plans for detainee escapes. A copy of the
updated list and checklist shall be provided to the COTR. A copy of the first
notification list and checklist for escapes shall be provided to the COTR 30 days
after contract award.

Emergencies.
a.

The contractor is responsible for maintaining order and responding to all detainee
disturbances and emergencies. In the event of a disturbance the contractor's staff
will provide immediate response with the minimum force necessary to control the
disturbance.

The contractor shall obtain and provide to the INS 30 days after final completion,
written certification that all such plans, policies, and procedures have been
provided to the local law enforcement and emergency response officials. The
contractor shall immediately provide all comments or concerns expressed by the
local officials to the INS.

The contractor shall have written agreements with appropriate agencies that
provide for notifications and requests for assistance in the event of any serious
incidents that may have an adverse impact on the community.
C-53

000067

Emergency response drills with law enforcement agencies, as appropriate, shall be
practiced prior to receipt of any detainees into the facility and at least twice
annually. It is the contractor's responsibility to coordinate this requirement.

Emergency protective clothing and equipment for any disturbance /control teams
shall be stored in a secure location outside of detainee housing and activity areas.
The contractor's plans and procedures shall include the following:

ACL-2-C-0004
The contractor shall ensure that its emergency plans are fully operational 30 days
after final completion.

Provisions for one or more disturbance control teams,

Various alternatives to ensure the preparation of food, shelter, security,
and medical care for detainees during the emergency and the storage of all
equipment and supplies.

Prompt reporting of the emergency to the INS Designated Service Officer,
duty officer or chief deputy, and COTR, and

Monthly verification and updating of the names and phone numbers
contained on the emergency notification list and checklist attached to all
emergency plans for detainee escapes.

Submission of a copy of the updated list and checklist to the COTR
monthly. A copy of the first notification list and checklist for emergency
notification shall be provided to the COTR 30 days after final completion
of construction of the facility.

Intervention/Emergency Assistance.
InterventionlEmergency

The contractor may request emergency assistance from the INS; however, the decision to provide
such assistance, to direct any emergency intervention, or to request assistance from other DOJ
components shall be at the discretion of the INS. The INS will seek reimbursement from the
contractor for any and all actual expenses incurred by the INS or other DOl components during
such intervention.

Evacuation Plan.

The contractor shall prepare a written evacuation and alternate staging plan for use in event of
fire or other major emergency or should the facility become unfit for its intended use. The
contractor shall obtain written certification from a fire department inspector that the evacuation
plan meets national fire safety codes. The contractor shall review the plan annually. The
contractor shall update the plan as necessary and reissue to the local fire jurisdiction and the
COTR. The plan shall include:
1.

Location of building/room floor plans;
C-54

000068

ACL-2-C-0004
2.

Use of exit signs and directional arrows for traffic flow;

Location of publicly posted plans;

At least quarterly staff drills of all facility locations;

Temporary staging location and method of controlling detainees removed from the
facility during an emergency for a period not to exceed 12 hours or as directed by the
COTR; and

A primary and secondary means for the prompt release of detainees from locked areas in
case of emergency.

Storage.

The contractor shall establish a written policy and procedure governing the storage of all
flammable, toxic and caustic materials in accordance with all applicable laws, regulations and
ACA standards.

Interior Furnishings.

The contractor shall provide to the COTR, when requested, evidence that the interior finishing
material in all living areas, exit areas and places of public assembly is in accordance with
recognized national fire safety codes. No facility furnishings, ceilings, partitions or floors shall
performance characteristics of
be constructed of foamed plastics or foamed rubber unless the fire perfonnance
conformance with all the applicable building and fire codes.
the materials are in confonnance
K.

Fire Alarm Systems and Equipment.

All fire suppression, alarms,
alanns, smoke detectors and related equipment shall be operated,
maintained and tested in accordance with the most stringent federal, state or local codes and
ACA standards.

CHAPTER 11 - SANITATION AND HYGIENIC LIVING CONDITIONS.
The contractor shall develop a safety program in compliance with all applicable federal, state and
local laws, statutes, regulations and codes. The contractor shall comply with the requirements of
the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29
CFR 1910 and 1926. In the event there is more than one reference to a safety, health or
environment requirement in an applicable, law, standard, code, regulation, INS policy, policy,
the most stringent requirement shall apply.

Trash Removal.

The contractor shall maintain all interior and exterior common areas free from trash, debris and
litter.
C-55

000069

ACL-2-C-0004

Environmental ControllRecycling.

The contractor shall be responsible for compliance with all applicable environmental laws,
regulations and requirements.

Pest Control.

The contractor shall provide a program for the control of vermin and pests. This program shall
include monthly inspections and treatments as necessary. All inspections and controls shall be
performed by a licensed pest control specialist. Copies of inspections and corrective actions
taken shall be made available for review by the COTR upon request.

Water Supply.

The contractor shall maintain written certification that the facility water supply meets all
Such certification and
applicable laws and regulations of the governing jurisdiction.
documentation shall be made available to the COTR for inspections and corrective actions taken
upon request.

Housekeeping.

The contractor shall have a daily housekeeping plan for the facility's physical plant. The
contractor shall make arrangements and be responsible for periodic scheduled cleaning of floors,
windows, furnishings, fixtures, and grounds necessary to conform to the applicable health and
sanitary requirements. All facility maintenance (including janitorial service) is the responsibility
of the contractor. The contractor shall keep all facility floors, hallways, and exists free of
barriers, impediments, and hazardous substances.

Waste Disposal.

The contractor shall provide for both liquid and solid waste disposal. The contractor shall
maintain written certifications demonstrating that the facility meets all applicable laws and
regulations of the governing jurisdiction. Such certification and documentation shall be made
available to the COTR upon request.

Clothing.

The contractor shall provide for the issuance of clean, suitable and presentable clothing to all
detainees consisting of a uniform or jumpsuit which shall aid in identifying the detainees and
their designated classification and work area assignments. Additionally, contractor shall provide
footwear and socks, and 3 new sets of appropriate undergarments for each detainee upon being
booked into the facility. Undergarments shall not be reissued to any other detainee and shall be
disposed in accordance with the contractor's policy and procedures.

C-56

000070

ACL-2-C-0004

Laundry.

Uniforms or jumpsuits shall be cleaned, dried and reissued at least twice weekly, scheduled at
least 3 days apart, to each detainee. The contractor shall provide for the cleaning of
undergarments every other day and shall ensure the same undergarments are returned to the
appropriate detainee. The contractor shall use individual tnesh
mesh laundry bags that are identified
with the detainee's name/number. The contractor shall ensure that all laundry is cleaned and
dried using standard commercial practices. The contractor shall maintain all garments and
footwear in good condition and shall replace such clothing as necessary. The contractor shall
provide the appropriate seasonal outerwear when necessary for movement of detainee(s) outside
the facility. Detainees shall not be allowed to wear personal clothing or a mixture of issued and
personal clothing.

Linen.

The contractor shall provide for the issuance of suitable linen and towels to detainees as
described below. The standard issue of bedding shall include 2 sheets, 1 pillow, 1 pillowcase,
and 1 noncombustible mattress with cover and clean blankets to provide comfort under existing
temperature conditions. The contractor shall provide a clean towel and bed linen at least twice
weekly, scheduled at least 3 days apart, to each detainee.

Personal Hygiene Items.

The contractor shall provide to each detainee at no cost articles necessary for maintaining
personal hygiene. Each detainee shall have soap, toothbrush, toothpaste or powder, a comb and
toilet paper. The contractor shall also provide for the special hygiene needs of women. The
contractor shall provide shaving equipment upon request.

Water Temperatures.

The contractor shall ensure the water temperature for showers or bathing is thermostatically
controlled to ensure the safety of the detainees.

Hair Care Services.

The contractor shall provide hair care services by individuals skilled in hair care. The facilities
used for hair care shall be located so as to permit observation by staff and equipment and shall be
stored securely when not in use. The hair care area shall meet all applicable state and local
sanitation and health requirements.

CHAPTER 12 - DETAINEE ADMISSION AND RELEASE (INS DETAINEES).
Under no circumstances shall the contractor refuse to accept custody of detainees or perform
assignments within the scope of this contract. The contractor shall provide written plans,
policies, and procedures which govern the reception, orientation, subsequent release of detainees,
and control of detainee property. This material shall include and address the items listed below.
C-57

000071

ACL-2-C-0004

Admission of New Detainees (orientation procedures).

The contractor shall have written procedures for admitting new inmates to the facility. Such
procedures shall include the development and use of an orientation checklist, interview process,
and group meetings. Topics of reception and orientation shall include, but are not limited, to the
following:
1.

Complete search ofthe detainee.

Packing and storing of clothing and personal property.

Shower and hair care.

Issuance of clean, laundered clothing.

Review of photographs with notations of identifying marks and physical characteristics.

Record of basic personal data.

Assisting detainees in notifying families of admission and procedures for mail and
visiting.

Discussion and issuance of detainee rights and responsibilities booklet.

Schedules of food service, laundry, commissary and recreation.

10.

A written, itemized list is made of all personal property in the possession of a newly
admitted detainee. A copy of this list, which notes all property to be held until release
and indicating what is mailed to parties outside the facility, will be given to the detainee.

11.

Employment and educational opportunities, ifany.

12.

The personal property a detainee can retain in his possession will be identified, and
documentation of disposition provided. The contractor is responsible for mailing
unauthorized property to an address designated by the detainee.

13.

Procedures governing the control and safeguarding ofdetainee personal property.

14.

Disciplinary policy will be discussed with each detainee and the detainee will sign for
receipt of copies ofthe prohibited acts and rules and regulations.

15.

Discussion of location of emergency exits and evacuation routes in case of fire or natural
disaster.
Assign housing unit.

16.

C-58

000072

ACL-2-C-0004
B.

Records.

The contractor shall record the following intake booking information for every person admitted
to the facility:
1.

Picture,

Alien "A" file number,

Date of admission,

Name of person,

Place of apprehension,

Current address (or last known address) and phone number of close relatives or in the
alternative, a responsible contact person,

Form 1-203, Order to Detain Or Release Of Alien,

Name, title and signature of delivering officer,

Name, title and signature of receiving officer,

10.

Sex,

11.

Age,

12.

Date of birth,

13.

Place of birthINationality,

14.

Race,

15.

Health status (receiving screening),

16.
17.

Notation of cash and all property, and
Additional information concerning special custody requirements (Le., classification),
service needs, or other identifying information.

Personal Property.

The contractor shall provide written policy and procedure specifying the types of personal
property detainees can retain in their possession during detention and the recording of any
monetary credits to their accounts.

C-59

000073

1.
I.

ACL-2-C-0004
The contractor shall prepare a written, itemized inventory of all personal property of
newly admitted detainees and shall provide for safe and secure storage, of their property,
including clothing, money and other valuables. The detainee shall be given a receipt
signed by the contractor and the detainee, for all property.

The property and valuables shall be returned to the detainee upon release from the facility
or within I1 hour advance notification by the COTR.

All negotiate instruments and legal tender shall be fully returned to the detainee in the
same form as they were received by the contractor. The items shall be verified and, if
everything is in order, the detainee shall sign a receipt for the property and valuables
returned.

The contractor shall confiscate all contraband items. A receipt signed by the contractor
and the detainee shall be provided to the detainee for the confiscated items. Upon
discovery of any other types of contraband items, the contractor shall immediately notify
INS. A system of strict staff accountability shall be maintained to assure the safety of
personal property, money and other valuables. Items, which the detainee may keep, shall
be specified. Detainee funds shall be handled in accordance with INS accounting
procedures.

The contractor shall provide liability insurance for all staff having access to detainee
monies and valuables, in an amount sufficient to ensure reimbursement to the detainee by
the contractor, in case of loss prior to the detainee's release from the facility. Any costs
incurred as a result of delays in release of a detainee, due to missing property or
valuables, shall be at the contractor's expense. The contractor shall immediately
reimburse any detainee for any personal property, monies and/or valuables that the
contractor is unable to return to the detainee due to loss, theft, misplacement, etc., for
which the detainee has a property receipt.

Release.

Upon the receipt of an Order to Release (1-203) the contractor shall ensure a positive
identification is made of the detainee prior to his or her release (1-385). To ensure positive
identification, the contractor shall provide a digital identification system, approved in advance by
the CO, to be used for comparison with the booking record. The contractor shall verify that the
release order is accurate and complete.

CHAPTER 13 - DETAINEE RIGHTS, RULES, DISCIPLINE AND PRMLEGES.
PRIVILEGES.
The contractor shall provide detainees protection from personal abuse, corporal punishment,
personal injury, disease, property damage, and harassment.

C-60

000074

ACL-2-C-0004

Discrimination.

Detainees shall not be subjected to discrimination based on race, national origin, color, creed,
sex, economic status or political belief. The contractor shall ensure that all detainees are assured
equal opportunities to participate in all facility programs and all administrative decisions are
made without discrimination. The contractor shall ensure that detainees' civil rights are not
violated.

Discipline.

The contractor shall ensure that all discipline is strictly administered in accordance with the
Operations Manual and INS policies.

Pro-Bono Legal Representation.

The contractor shall post a list provided by the INS of current pro-bono attorneys willing to
represent detainees at the facility. This list shall remain posted at all times in an area near or
adjacent to the detainee telephone system in each housing unit. One additional phone list shall
be posted in the visitor entry location to the facility for viewing by visitors and attorneys. The
contractor shall ensure and facilitate the right of detainees to have reasonable access to attorneys
and their authorized representatives.

Religious Practice.

The contractor shall recognize the right of detainees to practice the religion of their choice.
Every reasonable effort shall be made by the detention center staff to facilitate the free practice
of religion, limited only by legitimate security and operational considerations. All detainees
shall have access to religious resources, services, instruction or counseling on a voluntary basis.
The contractor shall inform detainees of opportunities available in religious programming by
posting religious service schedules in the dorm/day room areas. This should not be construed,
however, as requiring that the contractor provide religious services for each and every
denomination represented in the detainee population, but is intended to ensure that every
detainee has religious opportunities.

Detainee CommunicationlReporting Misconduct.

The contractor shall provide for INS approval a written policy and procedure which provides
detainees as well as any other individual a means to report alleged misconduct and/or incidents
under this contract. The contractor shall report all allegations made by any individual
concerning incidents or misconduct immediately to the COTR. Policy and procedures shall
ensure an open channel of communication between staff members and detainees. The policy and
procedures shall identify detainee points of contact for problem identification and detail the
contractor's internal system of resolution or referral to appropriate officials.

C-61

000075

ACL-2-C-0004

Prohibited Conduct.

The contractor shall provide written rules of detainee conduct, reviewed and approved by the
INS, which specify acts prohibited within the facility and penalties that may be imposed for
various degrees of violation. These rules shall be provided to all detainees, and procedures shall
be in place for ensuring that all detainees understand the rules. The written rules of detainee
conduct are revised annually and updated, if necessary, to ensure that they are consistent with
INS policy.

Law Library.

The contractor will provide library services that, at a minimum, contain materials responsive to
the interests and educational needs of the detainees. The INS shall make available certain legal
publications on the subject of immigration law.

Detainee Complaints.

The contractor shall provide plans, policies and procedures for documenting all detainee
complaints concerning food and other living conditions. The procedures shall require the
contractor to investigate the complaints, determine if they have merit, propose corrective actions
and provide a written report to the COTR. The contractor shall immediately notify the COTR of
all such detainee complaints. Final approval of all corrective actions shall rest with the COTR.
I.

Recreation and Activities.

The contractor shall provide written policy and procedures for recreational programs that address
the detainees use of indoor and outdoor recreation areas. The contractor shall assure detainees
are offered a minimum of 1 hour per day of recreation.

CHAPTER 14 - FOOD SERVICE.
The contractor shall prepare all meals on-site. Meals shall be nutritionally balanced, well
planned, and prepared and served in a manner that meets established governmental health and
safety codes. The contractor shall not use withholding of food as a means of discipline or
punishment.

Certifications.

The contractor shall furnish documentation to the COTR that a registered dietician or nutritionist
has reviewed the menu and shall certify compliance with the dietary allowances published by the
National Academy of Sciences. The documentation and certification shall be submitted prior to
receiving detainees and at least annually thereafter. Preparation of the menu shall account for the
cultural diversity and dynamics of the detainee population. The menu shall be signed by the
registered dietician or nutritionist indicating approval of nutritional adequacy.

C-62

000076

ACL-2-C-0004

Menus.

The contractor shall serve only meals that comply fully with the approved menu. The contractor
shall prepare menu cycles or proposed menu changes seven days in advance of the next cycle or
proposed implementation date for review and approval by COTR. A minimum of a 21-day cycle
shall be used. The contractor shall document any substitutions or changes in the meals actually
served on the menu. Such documentation shall be made available to the COTR upon request.

Monthly Evaluations.

Menus shall be evaluated at least monthly by facility food service employees to verify adherence
to the nationally recommended daily servings or servings as directed by the facility physician. A
file of tested recipes adjusted to a yield appropriate for the size of the facility is to be maintained
on the premises for review by the COTR upon request.

Emergency Food Service Plan.

The contractor shall provide a written emergency food service plan to the COTR in the event of
non-availability of meals at the facility. The contractor shall provide a separate room for meal
preparation, servicing and handling of food which is utilized exclusively for this purpose.

Meal Preparation.

Meal preparation shall emphasize food flavor, texture, temperature, appearance and palatability.
Food should be served as soon as possible after preparation and at an appropriate temperature.
The INS may, at any time, monitor palatability, appearance, temperature and texture.

Special Dietary Needs.

The contractor shall immediately provide for special dietary needs as prescribed by appropriate
medical/dental personnel or as directed by the COTR and, to the extent possible in compliance
with the recognized religious or medical needs of the population. Special diets should be kept as
simple as possible and should conform as closely as possible to the foods served the other
detainees.

Meal Service.

The contractor shall provide three meals at regular meal times during each 24-hour period. No
more than 14 hours between the evening meal and breakfast and a minimum of
of22 hot meals every
24 hours shall be allowed. A minimum diet in every 24-hour period must consist of the full
number of servings that meet provisions of the recommended dietary allowance. Meal service
shall be in accordance with the contractor's approved policy and procedure.

Alternative Meals.

The contractor shall provide alternative meals for detainees who are away from the facility
because of court appearances, off site medical appointments, or transfer to another facility
C-63

000077

ACL-2-C-0004
because of court appearances, off site medical appointments, or travel. The contractor may, at its
option, provide sack lunches for detainees awaiting appearances in the USMS cellblocks, or hold
meals for those detainees away from the facility during regularly scheduled mealtimes. The
alternative meal must be nutritionally adequate to ensure good health.
I.

Inspections.

The contractor shall ensure there are:
1.

Weekly inspections of all good service areas, including dining and food preparation areas
and equipment;

Sanitary temperature-controlled storage facilities for all foods;

Daily checks of refrigerator and water temperature by administrative, medical or dietary
personnel;

Adequate loading/unloading areas and garbage disposal facilities.

The INS may conduct sanitary inspections and product examinations at any time and at any
location where food or food products for this contract are processed, prepared, handled, stored,
distributed from or served. The contractor shall supply the COTR 30 days after final completion
with a directory of all sources of supply, the time and date of receipt of raw materials, supplies,
and schedules for food preparation and serving.

Local Health Standards.

The contractor shall ensure that food service facilities, equipment, preparation and serving of
meals as well as all cleanup and disposal meet all federal, state and local safety and health
standards, as applicable, and that food service personnel comply with applicable health
regulations.
K.

Supplies.

The contractor shall ensure that the supplies delivered under this contract comply with the
Federal Food, Drug, and Cosmetic Act, Meat Inspection Act, and applicable regulations. This
requirement shall apply regardless of whether or not the supplies have been shipped in interstate
commerce.
L.
Livestock.
The contractor agrees that livestock products purchased for consumption under this contract shall
be purchased only from firms conforming to the requirements of the Humane Slaughter Act of
1958 (7 U .S.c. 1901-1906).

C-64

000078

ACL-2-C-0004
M.

Sampling.

The INS may conduct, at its expense, laboratory sampling and analysis on any food, food
product, or component thereof provided under this contract. Frequency of government
verification laboratory testing shall be either on a lot by lot basis or skip lot basis. The intensity
frequency sampling shall be at the discretion of the COTR and of sufficient extent to assure the
CO that the contractor is meeting all requirements. All government laboratory analysis shall be
conducted in government or government approved laboratories with the exception that the
Hobart Fat Percentage Measuring Kit, Model 101, may be used to determine the fat content of
ground beef. Government verification laboratory analysis shall be conducted to determine
product compliance and/or inadequacy of the contractor's laboratory testing procedures, results,
or facilities. Samples taken by the COTR for testing shall be at the expense of the vendor.
CHAPTER 15 - MAILNISITATIONITELEPHONESIDETAINEE ACCOUNTS.
The contractor shall provide written plans, policy and procedures governing detainee
correspondence and mail, visitation, the use of telephones, and detainee accounts.
A.

Correspondence.

All regulations pertaining to detainee correspondence shall be available to staff members and
posted within detainee areas. Detainees shall be permitted uncensored correspondence so long as
such correspondence poses no threat to the safety and security of the institution, public officials,
or the general public. The contractor shall ensure that all incoming and outgoing mail and
correspondence is not held for more than 24 hours.
B.

Postage.

There is to be no limitation on the volume of mail a detainee may send or receive, except as
provided in this paragraph. The contractor shall provide detainees who are without funds, a
specified postage allowance of two postage stamps per week for domestic first class letters one
ounce or less. In addition, the contractor shall provide to detainees who are without funds,
unlimited first-class postage allowance for attorney and court correspondence.
C.

Inspection of Mail.

The contractor shall provide written policy and procedure providing for the inspection of
detainee mail in the presence of the detainee to intercept cash, checks, money orders, identity
documents and contraband. Cash, checks or money orders shall be removed from incoming mail
and guarded safely. If contraband is discovered in either incoming or outgoing mail, it shall be
confiscated.

C-65

000079

ACL-2-C-0004

X-ray Equipment.

The contractor shall provide X-ray equipment and a magnetometer to screen mail, deliveries, and
visitors. Additionally, the contractor shall ensure that all personnel operating the screening
equipment are properly trained.
E.

Non-contact Visitation (optional).

The contractor shall provide written policies and procedure governing visitation. The contractor
shall provide written notification of changes in visitation policy to all attorneys who regularly
practice immigration law locally, attorneys who represent detainees in custody, as well as all free
legal service groups. The visitation policy shall be posted prominently in the public waiting
area. The contractor shall assure detainees are not denied access to visitation with persons of
their choice, except where the contractor reasonably believes that such visits jeopardize the
security of the facility or the safety of detainees or visitors. The contractor shall have the
discretion to allow
contact visitation.

Contact Visitation.

Legal counselors and religious advisers shall be allowed additional visiting privileges and
accommodations, including contact visitation. Privacy and space should be provided for these
contact visits. Any detainee who is denied visitation rights shall have the right to appeal that
decision to the COIR.
COTR.

Telephones.

The contractor shall provide a detainee pay phone system within the facility. All detainees, to
include those in the SHU, shall be permitted telephone privileges providing for a minimum of
one call per month. The contractor shall establish procedures that permit detainees to make
telephone calls to include cases of emergency or indigence.
Telephone services for the Detainees to be provided through PUBLIC COMMUNICATIONS
SERVICES (PCS), Los Angeles, CA, telephone number (310)231-1000, Government
Representative, Paul Jennings. The Contractor shall schedule the Detainee Telephone System II
(DTS II). Included in implementation will be the requirement of establishing procedures for the
handling of debit cards, as the Seattle facility will be a cashless system.

Fiscal Responsibility.

The contractor is fiscally responsible for all funds, valuables, and property under its control.
Detainee accounts, the commissary account, and any other accounts maintained by the contractor
shall be audited at least annually by an independent Certified Public Accountant (CPA).

C-66

000080

ACL-2-C-0004
I.

Detainee Accounts

A separate account shall be kept for each detainee. No money shall be kept by individual
detainees. A policy and procedure shall be in place whereby a detainee can draw upon his funds
for commissary purchases, to send money home, and to have his funds forwarded to the next
facility to which he is to be transported. Undeliverable detainee funds must be maintained
indefinitely and therefore, at such time as the contractual relationship is terminated, funds held
shall be transferred along with a list of the amount due each detainee, to the COTR.
Detainees are allowed up to $100.00 credit during given two-week periods for commissary
privileges. Phone cards are to be accounted for separately, (See CH 15, Item G)

Commissary.

The facility shall maintain a commissary for detainees over which strict operational and fiscal
controls are established.
1.

The commissary shall be operated in accordance with INS Detention Standards, (Section
J-3-14).

All detainees shall have the opportunity to purchase from the commissary a minimum of
once a week.

The contractor shall establish a system of positive identification of detainees purchasing
from the commissary which ensures one detainee does not purchase from another's
account;

Detainees shall be provided a receipt for all purchases;

The contractor shall ensure detainees spend no more on purchases than the spending limit
as allowed in Item "I" above (excluding those items listed in Section J-3-l4);

The contractor shall maintain an inventory similar to the inventory maintained by the INS
as provided in (Sect. J-3-14) and shall ensure that no prohibited items are stocked. The
decision to stock tobacco products is within the discretion ofthe contractor;

The price ofthe
of the items shall not be higher than the average community retail price.

Detainees are permitted to receive funds from outside sources (i.e., from family, friends,
bank accounts). Outside funds or those generated from work may be used to pay for
products and services from the commissary.

Procedures shall be established for transfer of detainee funds upon release from the
facility, transfer to another institution or when an detainee requests a funds transfer to an
outside source. Transfer shall occur within 5 working days of the event requiring the
transfer of funds.
C-67

000081

ACL-2-C-0004
10.

The COTR shall regularly review and approve the items to be sold.

Commissary Proceeds.

The proceeds shall be placed in a detainee recreation/welfare fund account. These funds shall
not be commingled with any other funds and shall be utilized by the contractor only to provide
additional goods and services which benefit the well being of the detainees as designated by the
COTR and approved by the CO. Any other expenditure of funds from this account shall only be
made with approval of the CO. At the end of the contract period or as directed by the CO, a
check for any balance remaining in this account, along with any accrued interest, shall be made
payable to the INS.
CHAPTER 16 - LOGS, RECORDS AND REPORTS.

General Requirements - Logs, Records and Reports.

The contractor shall provide written plans, policies and procedures that describe the format and
reporting criteria for all records and reports, including the following:
1.

The contractor shall maintain all logs and records required to operate and document both
the operational and personnel aspects of the facility and to comply with the requirements
ofthis contract.

All logs and records shall be maintained at the facility either in the control room housed
in a safe such as "Mosley" or equal type, or in locked cabinets located within a properly
secured and controlled file room.

ofthe
the facility.
The file room shall be located within the administrative area of

INS officials shall have the right to inspect any and all records, upon demand, at any time
during the term of the contract or thereafter as specified below.

All reporting requirements contained within this contract shall comply with this section.

The contractor shall not destroy any logs and records pertaining to this contract. At the
completion or termination of this contract, the contractor shall tum over all logs and
records as directed by the CO.

The contractor shall provide written policy and procedure governing record and report
management including but not limited to the establishment, utilization, content privacy,
security, preservation and transfer of records to DOl.
DOJ.

Custody Records.

The contractor shall maintain custody records on all detainees assigned to the facility, that
contain:
C-68

000082

ACL-2-C-0004
1.

Intake booking information;

Cash and property receipts;

Reports ofdisciplinary
of disciplinary actions, incidents or crime(s) committed while in custody; and

Release information.

Daily Control Post Log.

The contractor shall maintain a daily control post log of all activities, security checks, head
counts, and daily manifest. These reports shall be provided to the COTR upon request.

After Incident Reports.

There shall be written policy and procedure requiring immediate reporting to the COTR of all
incidents that result in physical harm to or threaten the safety, health, and welfare of any person
in the facility, or that threaten the security of the facility. Verbal reports shall be given
immediately to the COTR or the Designated Service Officer followed by a written report within
one (1) business day of the occurrence.
The decision to investigate any incident remains with the CO. The contractor shall cooperate
with the INS in the review of all serious incidents. For purposes of this section, a serious
incident means any incident resulting in injury to a prisoner, contractor staff, or property damage
to the facility. In the event it is necessary in the judgment of the CO, to convene an independent
after action review team to evaluate the causes and effects of any serious incident, the contractor
shall pay all reasonable travel and other expenses incurred by the individuals (not to exceed 5
persons) serving on the after action review team.

Authorized Access to Records.

There shall be written policy and procedure identifying those persons within the facility and
other authorized persons who have direct access to detainee records.

Daily Manifest.

The contractor shall furnish, on a daily basis, a manifest of all detainees currently detained in the
facility. The manifest shall contain, at a minimum, the following information for each detained
alien:
1.

File Number (Alien "A" file number, as appropriate.)

Office received from.

Name.

Date of birth.
C-69

000083

ACL-2-C-0004
5.

Gender.

Nationality.

Date of arrival.

Number of days the detainee has been in the facility.

Freedom oflnformation Act (FOIA)/Privacy Act (P
(PA)
A) Documents.

Business and financial records maintained by the contractor for the general function of its
business, and not maintained as a close and necessary adjunct of this contract are not covered by
the FOIA or the PA. For example, personnel records of contractor employees are not governed
by the provisions of the FOIA and the PA.

Contract Completionrrermination.
CompletionlTermination.

At the completion or termination ofthis contract, the contractor shall, upon written request of the
INS, tum over such detainee records specified by the INS, required for the operation and
performance of this contract.

END OF SECTION C

C-70

000084

ACL-2-C-0004

C-71

000085

ACL-2-C-0004

SECTION D - DELIVERIES OR PERFORMANCE

D -1

000086

ACL-2-C-0004

D-2

000087

ACL-2-C-0004

SECTION E- INSPECTION AND ACCEPTANCE

E -1
000088

ACL-2-C-0004

SECTION E - INSPECTION AND ACCEPTANCE

E-l 52.246-4 INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)
(a)
Definition: "Services", as used in this clause, includes services performed,
workmanship, and material furnished or utilized in the performance of services.
(b)
The Contractor shall provide and maintain an inspection system acceptable
to the Government covering the services under this contract. Complete records of all
inspection work performed by the Contractor shall be maintained and made available to
the Government during contract performance and for as long afterwards as the contract
requires.
(c)
The Government has the right to inspect and test all services called for by
the contract, to the extent practicable at all times and places during the term of the
contract. 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
Contractor or a subcontractor, the Contractor shall furnish, and shall require
subcontractors to furnish, at no increase in contract price, all reasonable facilities and
assistance for the safe and convenient performance ofthese duties
(e)
If any of the services do not conform to contract requirements, the
Government may require the Contractor to perform the services again in conformity
with contract requirements, at no increase in contract amount. When the defects in
services cannot be corrected by reperformance, the Government may(1)
Require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services
performed.
(f) If the Contractor fails to promptly perform the services, again or to take the necessary
action to ensure future performance in conformity with contract requirements, the
Government may(I)
By contract or otherwise, perform the services and charge to the
Contractor any cost incurred by the Government that is directly related to the
"
performance
of such service; or
(2)
Terminate the contract for default.
(End of clause)

E-2

52.246-16

RESPONSIBILITY FOR SUPPLIES

(APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon
formal acceptance, regardless of when or where the Government takes physical
possession, unless the contract specifically provides for earlier passage oftitle.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to
supplies shall remain with the Contractor until, and shall pass to the Government
upon(1)
Delivery of the supplies to a carrier, transportation is f.o.b. origin; or

E-2
000089

ACL-2-C-0004
(2)

Acceptance by the Government or delivery of the supplies to the
Government at the destination specified in the contract, whichever is later,
iftransportation is f.o.b. destination.
(c) Paragraph (b) ofthis section shall not apply to supplies that so fail to conform to
contract requirements as to give a right of rejection. The risk of loss or damage to
such nonconforming supplies remains with the Contractor until cure or acceptance.
After sure or acceptance, paragraph (b) of
ofthis
this section shall apply.
(d) Under paragraph (b) ofthis section, the Contractor shall not be liable for loss of or
damage to supplies caused by the negligence of officers, agents, or employees ofthe
Government acting within the scope of their employment.
(End of Clause)

E- 3
000090

ACL-2-C-0004

E-4
000091

ACL-2-C-0004

SECTION F - DELIVERIES OR PERFORMANCE

F- 1

000092

ACL-2-C-0004
SECTION F - DELIVERIES OR PERFORMANCE
F-l DELIVERY

Period of Perfonnance
The initial period of performance
perfonnance shall commence within 240 days after contract award and extend
of housing up to a total of
for a period of one (1) year. The Contractor shall obtain a facility capable ofhousing
500 detainee aliens, recruit staff, obtain sufficient suitability clearances to completely staffthe
staff the posts,
and commence operations within that 240 days.

F-2 NOTICE TO THE GOVERNMENT OF DELAYS
In the event the Contractor encounters difficulty in meeting perfonnance
performance requirements, or when he
anticipates difficulty in complying with the contract delivery schedule or completion date, or
whenever the Contractor has knowledge that any actual or potential situation is delaying or
threatens to delay the timely perfonnance
performance of this contract, the Contractor shall immediately notifY
the Contracting Officer and the COTR, in writing, giving pertinent details; provided, however, that
this data shall be infonnational
informational only in character and that this provision shall not be construed as a
waiver by the Government or any delivery schedule or date, or any rights or remedies provided by
law or under this contract.
F-3 DELIVERABLES OF WRITTEN DOCUMENTATION

ELIN DESCRIPTION

Pennits and Licenses
AOOI All Permits
necessary to function as
qualified security service
company.

SECTIONC
SUB-SECTION

DELIVERYIDAYS
AFTER AWARD

NO. OF
COPIES

I.E
II.9.B

30 days

Permits and Licenses
All Pennits
necessary to function as
qualified medical services
company.

II.S.B

30 days

Permits and Licenses
All Pennits
necessary to function as
qualified food services
company.

11.14

30 days

F-2

000093

ACL-2-C-0004

ELIN DESCRIPTION

AOO2 Any and all required
commissions, permits, or
licenses for each uniformed
employee.

SECTIONC
SUB-SECTION

I.E

DELIVERYfDAYS
AFTER AWARD

NO. OF
COPIES

60 days

30 days

1I.2.K

AOO3 Any and all bonds, insurance,
fees, costs required to
provide services specified.

1I.8.G

A004 Final Construction Drawings

1I.8.C & 8.G

180 days

AOO5 Quality Assurance Plan.

1I.1.B
II.I.B

45 days

AOO6 Quality Assurance audit.

1I.1.B

Monthly

AOO7 Organizational Chart.

1I.1.D

45 days

AOO8 Critical employee resume.

1I.3.D
1I.3.E

45 days/
as required

AOO9 Operational Manual

1I.1.G

45 days

AOI0
AOIO All documents, certifications
pertaining to each employee's
compliance with terms and
conditions of employment.

II. I.E
11.4

PriortoEOD

AOll Personnel duty roster.

1I.3.A

Daily (24 hr. in
1I
advance of respective
workday)-no later
than 12 noon.

A012 Report of employees
AOl2
actually on duty with
post assignments.

1I.3A
1I.6.L

Daily (at completion 1I
of Shift #3)

F-3

000094

ACL-2-C-0004
ELIN DESCRIPTION

SECTIONC
SUB-SECTION

DELIVERYIDAYS
AFTER AWARD

NO. OF
COPIES

A013 Standards of conduct and
corresponding disciplinary
actions.

11.2.

45 days

AOl4 Report ofemployee(s) in
of or attempt to
violation ofor
violate standards of conduct.

IL2.B.6

Immediately

AOl5 Copy of each employee's
certification of reading
standards of conduct.

1I.2.B.7

Prior to EOD

AOl7 Completed employee
suitability fonns.

1I.4.E
II.4.E

60 days prior
toEOD

AOl8 Additional infonnation
relative to verification of
employee's prior employment.

1I.4.F.I
II.4.F.I

10 days from
request

AOl9 Notice of withdrawn
applications/change in status.

1I.2.F

Immediately

A020 Drug testing

1I.4.D.5
IIA.D.5

5 days following
1
applicant's submission
of personnel suitability
package/as required

A021 Drug testing results

1I.4.D.5
II.4.D.5

Prior to waiver being
granted for employee
to commence work

A022 Copy of completed Fonn 1-9

1I.4.E.5
IIA.E.5

30 days
Prior to EOD

A023 Certification that employee
complies with all health
requirements.

1I.4.E.
IL4.E.

30 days
Prior to EOD

F-4

000095

ACL-2-C-0004

ELIN
EUN DESCRIPTION

SECTIONC
SUB-SECTION

DELIVERYIDAYS
DEUVERYIDAYS
AFTER AWARD

A024 Notification of change in
employee's health status.

11.2.0.

Immediately

A025 Employee resignation!
resignation/
tennination!transfer/
tennination/transfer/
suspension!personnel
suspension/personnel action.

II.2.G
1I.2.G

Immediately

A026 Training plan/methods

1I.5.H/I/J/K
II.5.H/I/J/K

30 days/annually

A027 Employment Report (to
include by employee:
name, work classification,
hours worked, as well as
total hours worked by
supervisory & non-supervisory
employees.

II.3.F
1I.16.C

Daily (at completion
of Shift #3)

Special/other reports,
A028 SpeciaVother
orders, or instructions
relating to or in support
of required work.

1I.3.A.
II.3.A.
1I.6.E

Upon request

A029 Verbal notification of
escape or attempted escape.

1I.10.F.l
1I.10.F.1
11.16.0

Immediately

A030 Written policy & procedures
handling escapes/attempted
escapes.

1I.10.F.1

45 days/revised
annually

A031 Written report of remedial
action

II.10.F
Il.10.F

Within 24 hours of
escape or attempt

A032 Written policy & procedures
which requires reporting of
incidents relating to security,
safety, health, welfare.

11.1 C/GI.JIK.
C/GI.J/K
11.6

45 days

A033 Physical force incident
report: verbal/written.

1I.6.M

Immediately/prior
to end of shift

NO. OF
COPIES

F-5

000096

ACL-2-C-0004
EUN
ELIN DESCRIPTION

SECTIONC
SUB-SECTION

DELNERYIDAYS
DELIVERY
fDA YS
AFTER AWARD

NO. OF
COPIES

A034 Written policy & procedures
relating to record &
& report
management.

II.l.B/C
II.I.B/C

45 days

A035 Written Policy & Procedures
relating to In-house, On-premises,
Medical Care (Infirmary)

!U
II.8.GIH/O/Srr
II.8.GIH/O/Srrru

45 days

A036 Injury report

II.8.B/l
I1.8.B/J

Within 2 days of
occurrence

& Procedures
A037 Written Policy &
relating to use of other Medical
facilities & transportation for
needed care.

II.8.EfL
II.8.EIL

45 days

& Procedures for
A038 Written Policy &
Proper Management of
Pharmaceuticals

II.8.Q

45 days

A039 All records required for
operation and performance
of work under this contract.

II.l.G

At completion!
termination of
contract

& Procedures for
A040 Written Policy &
operation and performance
of Food Services

II.I.L
II.l4.D

45 days

A041 All logs and records
pertaining to this contract.

11.16

At completion!
termination of
contract

A042 Written rules of detainee
conduct.

II.13.F

Revised annually

F-6

000097

ACL-2-C-0004

ELIN DESCRIPTION
EUN

SECTIONC
SUB-SECTION

DEUVERYIDAYS
DELIVERYIDAYS
AFTER AWARD

NO. OF
COPIES

A043 Written report of all alleged
or actual incidents off
personal abuse of detainees
by: corporal punishment,
injury, disease, damage to
personal property, harassment,
or other misconduct.

11.16.0/£
II.I6.D/E

Immediately

A044 Written report of any
investigation of contract
employee.

11.16.0

Immediately

A045 Documentation certifying
that each contract employee
has been issued approved
uniforms and equipment.

1I.2.K.I.a

PriortoEOD

F-4 MONETARY ADJUSTMENTS FOR INADEQUATE PERFORMANCE
Failures to perform any manning requirements or any other services which are currently
or which may become required under this contract or failure to satisfactorily accomplish
any contractual services, where those failures occur through the carelessness, neglect, or
other fault of the Contractor or his employees, shall constitute contractual deficiencies
which are subject to and for which reductions of payment will be made by the
Government for each deficiency according to the schedule set forth below.
Notwithstanding any monetary adjustments made for deficiencies, the Contractor's
obligations for performance under this contract shall not be construed as having been
waived in any way. Either the Contractor or his representative shall be advised in writing
by the Government when monetary adjustments will be made by identifying the nature,
place and times when deficiencies were found. The following schedule shall be applied
in determining monetary adjustments of payments due to the Contractor if deficiencies in
performance occur:
a.

The deficiencies itemized in the following schedules are separated into categories.
In the first category of each schedule, deductions will be taken as listed. In the
second category, deductions will be taken based upon percentages of the
productive hourly rates as given in The Schedule, Supplies/Services and

F-7

000098

ACL-2-C-0004
Prices/Costs of any resulting contract. Deductions will not be made from both
category 1 and category 2 for the same deficiency.
In calculating deductions, deficiencies that occurred during only part of an hour
shall be considered to have occurred for that entire hour. Deductions will be
made in whole hourly amounts only and will not be prorated by portions of hours.
Deduction will be made fOf each post or employee, as appropriate, that is found to
be deficient. Deductions will apply to both normally scheduled and temporary
additional services.
The total deductions taken for any contract employee, post, or position during any
one-hour period shall not exceed the maximum unit rate of the category used.
Other deficiencies resulting from noncompliance with contract requirements
which are not itemized in these schedules cause deductions to be taken under
category 2, item 3 and shall not exceed the limit stated.
SCHEDULE OF DEFICIENCIES: Security Detention Officers
b.

Category 1: Maximum Unit Rate Shall be the Man-Day Rate Proposed by the
Contractor in the Schedule, Supplies/Services and Prices/Costs.
1.

Failures to man posts, post abandonments, omissions of required contact
reliefs, exceeding restriction on tours of duty by more than 4 hours, posts
which are unprotected after removals made pursuant to determination of
unfitness according to Section C, II REQUIREMENTS, CHAPTER 2PERSONNEL, Paragraph B. Standards of Employee Conduct.

Posts manned by contract employees who have not been granted required
security clearances or who have been disqualified for duty in writing for
reasons of suitability, or who commit the offenses listed in Section C, II
REQUIREMENTS, CHAPTER 2- PERSONNEL, Paragraph E. Removal
from Duty.

Category 2:

Maximum Unit Rate: Man Day Rate (M/D.R.)

1. Posts manned by contract employees found to be:

RATES

*a. untrained

100% ofM/D.R.

*b. unqualified according to prerequisites
for education, experience, health in
accordance with Section C, II. REQUIRMENTS,

100% ofM/D.R.

F-8

000099

ACL-2-C-0004
CHAPTER 2-PERSONNEL, paragraphs DIE/J
*When these conditions are found the COTR will direct the Contractor to
immediately provide a replacement contract employee.

perfonn a specific duty listed in this
Failure to perform
contract or in the Post Orders, each instance.

100% ofMID.R.

Other deficiencies of the same scope and nature
of those listed above.

100% ofMID.R.

Escapes where it has clearly been determined
detennined by
investigation by the Contracting Officer that the
perfonnance involved
Contractor employee's performance
acquiescence, negligence, misconduct, lack of diligence,
good judgement, and/or good common sense.

Failure of the Contractor to fully comply with
the detainee(s) departure as pre-scheduled.

$1,500.00

$500.00

The hourly rates for the contract employees as listed in The Schedule,
Supplies/Services and Prices/Costs will be used for determination
detennination in adjusting for
nonperfonnance
nonperformance according to this paragraph, FA, MONETARY
ADJUSTMENTS FOR INADEQUATE PERFORMANCE.
SCHEDULE OF DEFICIENCIES: Supervisory Personnel

Category 1:

Maximum Unit Rate Shall be the Man Day Rate Proposed by the
Contractor in the Schedule, Supplies/Services and Prices/Costs.

Failures to man on-site positions, abandonments of positions, omissions of
required contact reliefs, exceeding restriction on tours of duty by more
than 4 hours, positions which are uncovered after removals made pursuant
to determinations
detenninations of unfitness according to Section C, II
REQUIREMENTS, CHAPTER 2- PERSONNEL, B. Standards of
Employee Conduct, supervisors who are sleeping or intoxicated.

Supervisory personnel who have not been granted required security
clearances or who have been disqualified for duty in writing for reasons of
suitability, or who commit the offenses listed in Section C, II
REQUIREMENTS, CHAPTER 2- PERSONNEL, Paragraph E. Removal
from Duty, while on duty.

F-9

000100

ACL-2-C-0004
f.

Category 2:

Maximum Unit Rate: Man Day Rate (M/D.R.)

Supervision provided by employees found to be:
a.
Untrained
b.
Unqualified according to prerequisites
for education, experience, health in
accordance with Section C, Subsection II
REQUIREMENTS, Chapter 1I (D&J),
Chapter 3, and Chapter 5.

RATES
100% ofM/D.R.
100% of M/D.R.

Failure to provide supervision

100% of M/D.R.

Other deficiencies of the same scope and nature
of those listed above

100% ofM/D.R.

Failure of the Contractor to notify INS ofa
change in status of an individual applying for
employment under this contract.

$1,900.00

The hourly rates for the contract employees as listed in The Schedule,
Supplies/Services and Prices/Costs will be used for detennination
determination in adjusting for
nonperformance according to this paragraph, FA, Monetary Adjustments for
Inadequate Performance.
Perfonnance.

F.5

TASK ORDERS WILL NOT BE ISSUED UNTIL SECURITY CLEARANCES
HAVE BEEN COMPLETED FOR INDIVIDUALS TO WORK UNDER THIS
CONTRACT.

F.6

EVALUATION OF PERFORMANCE FOR CONTRACTOR PERFORMANCE
REPORTS
Past performance infonnation
information is relevant infonnation
information regarding a contractor's actions and
conduct on previously awarded contracts. It includes such things as a contractor's ability
to conform
confonn to contract requirements and specifications, adherence to contract schedules,
perfonnance, cost control, reasonable and cooperative behavior, and commitment
quality performance,
to customer satisfaction.
For active contracts valued in excess of$1 Million, Federal agencies are required to
prepare contractor perfonnance
performance evaluations (report cards). Report cards are completed
and forwarded to the contractor for review within thirty (30) calendar days from the time

F -10

000101

ACL-2-C-0004
the work under the contract is completed for each contract year. Interim evaluations by
the contracting officer may be completed as necessary. The contractor has thirty (30)
information that will be
days to reply with comments, rebutting statements, or additional infonnation
Perfonnance evaluation reports will be available to
made part of the official record. Performance
determinations
Government contracting personnel for their use in making responsibility detenninations
and source selection purposes on future contract actions.
End of Section F.

F-l1

000102

ACL-2-C-0004

F -12

000103

ACL-2-C-0004

SECTION G - CONTRACT ADMINISTRATION DATA

G-l

000104

(b)(2)

000105

(b)(2)

000106

ACL-2-C-0004

G-4

000107

ACL-2-C-0004

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PAGEJ -1

000108

ACL-2-C-0004

SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-l CONTRACT TYPE
This is an Indefinite DeliverylIndefinite Quantity (IDIIQ) contract.

H-2 EMPLOYMENT OF UNAUTHORIZED ALIENS
Subject to existing laws, regulations, Executive Orders and other provisions of this contract, aliens
unauthorized to be employed in the United States shall not be employed by the Contractor, or his
subcontractors, to work on, under or with this contract. The Contractor shall ensure that this
provision is expressly incorporated into any and all subcontracts or subordinate agreements issued
in support ofthis contract.

H-3 MODIFICATION AUTHORITY
The Contractor shall not accept any modification of the terms, conditions, and/or provisions of this
contract issued by any person other than the Contracting Officer.

H-4 INCORPORATION OF SECTION K BY REFERENCE
This contract incorporates Section K Representations, Certifications and Other Statements of
Offerors or Quoters by reference with the same force and effect as if they were included in full text.

H-5 PRICING OF MODIFICATIONS
The Contractor, in connection with any proposal he makes for a contract modification, shall furnish
a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the
breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment,
subcontract, and overhead costs, as well as profit, and shall cover all work involved in the
modification, whether such work was deleted, added, or changed. Any amOlmt
amount claimed for
subcontracts shall be supported by a similar price breakdown. Base line values and percentages
used to prepare the proposal shall be as agreed upon by the Contractor and Contracting Officer. In
addition, if the proposal includes a time extension, a justification therefore, will also be furnished.
The proposal, with all supporting documentation, shall be furnished by the date specified by the
Contracting Officer.

H-6 ORDERING ACTIVITY
Supplies or services to be furnished under this contract shall be ordered by issuance of task orders
issued by the Contracting Officer, U.S. Immigration and Naturalization Service, Administrative

PAGEl -2

000109

ACL-2-C-0004
Center, Laguna Niguel, P.O. Box 30080, Laguna Niguel, CA 92607-0080.
H-7 PRICE REDUCTION
If at any time after the date of award, the contractor makes a general price reduction in the
comparable price of any article or service covered by the contract to customers generally, an
equivalent price reduction based on similar quantities and/or considerations shall apply to this
contract for the duration of the contract period (or until the price is further reduced). Such price
reduction shall be effective at the same time and in the same manner as the reduction in the price to
customers generally. For purposes of this provision, a "General Price Reduction" shall mean any
horizontal reduction in the price of an article or services offered (1) to the contractor's customers
generally, or (2) in the Contractor's list price for that class of customers, Le., wholesalers, jobbers,
retailers, etc., which was used as the basis for submission of the offer resulting in the award of this
contract. An occasional sale at the lower price, or sale of distressed merchandise at a lower price,
would not be considered a "General Price Reduction" under this provision. The contractor shall
invoice the ordering offices at such reduced prices indicating on the invoice that the reduction is
pursuant to the "Price Reduction" clause of this contract. The contractor, in addition, shall, within
ten (10) days of any general price reduction, notifY
notify the Contracting officer of such reduction by
letter. Failure to do so may result in termination of
ofthe
the contract, as provided in the "Default" clause
in Section I. Upon receipt of any notice of a general price reduction, this contract will be modified
accordingly.

H-8 SUBCONTRACTING RESTRICTION
Except as specifically approved in writing, in advance by the Contracting Officer identified in
Clause G.1, the Contractor shall not subcontract any work procured hereunder. It is contemplated
that approval will be given for subcontracting certain phases of
ofthe
the work when, in the opinion of
ofthe
the
COTR and the Contracting Officer, such subcontracting will not adversely affect the quality or
delivery of the final product nor the difficulty or cost of inspection and testing. Requests for
approval to subcontract shall be submitted, in writing, to the Contracting Officer at the address
G.!.
shown in Clause G.t.

H-9 CONTRACTOR MANAGEMENT RESPONSIBILITY
The Contractor shall appoint a Supervisor/Manager who will be the Contractor's Authorized
Representative for technical and administrative performance of all services required hereunder. The
Supervisor shall provide the single point of contact through which all Contractor/Government
communications, work, and technical direction shall flow. The Supervisor shall receive and
execute, on behalf of the Contractor, such technical direction as the COTR may issue within the
terms and conditions of the contract. All administrative support of Contractor technical personnel
required to fulfill the tasks assigned under this contract shall be the responsibility ofthe Contractor.
H-IO PERSONNEL REQUIREMENTS (lllRING)
(HIRING)

PAGEl
PAGEJ - 3

000110

ACL-2-C-0004

The Contractor shall not hire any employee with the specific purpose of providing interim
employment for the employee until employment by the Government can be effected.
H-ll ORGANIZATIONAL CONFLICTS OF INTEREST - GENERAL
A. The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise
set forth in this contract, he does not have any organizational conflict of interest as defined in
paragraph B below.

B. The tenn
term "organizational conflict of interest" means a situation where a Contractor has interests,
either due to its other activities or its relationships with other organizations, which place it in a
position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being
able to secure impartial, technically sound, objective assistance and advice from the Contractor, or
in securing the advantages of adequate competition in its procurement; or (ii) from industry's
standpoint in that unfair competitive advantages may accrue to the Contractor in question.
C. The Contractor agrees that, if after award he discovers an organizational conflict of interest with

respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting
Officer which shall include a description ofthe action which the Contractor has taken or proposes to
take to avoid, eliminate or neutralize the conflict. The Government may, however, tenninate
terminate the
contract for the convenience of the Government if it would be in the best interests of the
Government.
D. In the event that the Contractor was aware of organizational conflict of interest prior to the
award of
ofthis
this contract and intentionally did not disclose the conflict to the Contracting Officer, the
Government may terminate
tenninate the contract at no cost to the Government.

H-12 INDEMNIFICATION
A. Responsibility for Government Property

1.l. The Contractor assumes full responsibility for and shall indemnify the Government
against any and all losses or damage of whatsoever kind and nature to any and all
Government property, including any equipment, supplies, accessories, or parts furnished,
while in his custody and care for storage, repairs, or service to be performed
perfonned under the terms
tenns
of this contract, resulting in whole or in part from the negligent acts or omissions of the
Contractor, any subcontractor, or any employee, agent or representative of the Contractor or
subcontractor.
2. If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty
of the Contractor or its employees, any Government-owned or controlled property is lost or
damaged as a result of the Contractor's perfonnance
performance of this contract, the Contractor shall be

PAGEJ -4

000111

ACL-2-C-0004
responsible to the Government for such loss or damage, and the Government, at its option,
may in lieu of payment thereof, require the Contractor to replace at his own expense, all
property lost or damaged.

B. Hold Harmless and Indemnification Agreement
The Contractor shall save and hold harmless and indemnify the Government against any and all
liability claims, and cost of whatsoever kind and nature for injury to or death of any person or
persons and for loss or damage to any Contractor property or property owned by a third party
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 terms of this contract, resulting in whole or in part
from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or
representative ofthe Contractor or subcontractor.
C. Government's Right of Recovery

Nothing in the above paragraphs shall be considered to preclude the Government from receiving the
benefits of any insurance the Contractor may carry which provides for the indemnification of any
loss or destruction of, or damages to property in the custody and care of the Contractor where such
loss, destruction or damage is to Government property. The Contractor shall do nothing to
prejudice the Government's right to recover against third parties for any loss, destruction of, or
damage to Government property, and upon the request of the Contracting Officer shall, at the
Government's expense, furnish to the Government all reasonable assistance and cooperation
(including assistance in the prosecution of suit and the execution of instruments of assignment in
favor ofthe Government) in obtaining recovery.
D. Government Liability
The Government shall not be liable for any injury to the Contractor's personnel or damage to the
Contractor's property unless such injury or damage is due to negligence on the part of the
Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal
staMory
statutory authority.
H-13 INSURANCE
A. The Contractor shall carry and maintain during the entire period of performance under this

contract adequate insurance as follows:

I.l. Workman's Compensation and Employee's Liability Insurance: minimum $100,000 per
incident.

PAGEJ-5

000112

ACL-2-C-0004
2. Comprehensive General Liability:
occurrence.

minimum of $500,000 for bodily injury per

3. Automobile General Liability Insurance minimum $200,000 per person; $500,000 per
accident; property damage $20,000.

B. Prior to commencement of work hereunder, evidence of insurance and bonds if
required, shall be furnished in a form satisfactory to the Contracting Officer, shown
in Item G.l
G.1 herein. In addition, the Contractor shall furnish evidence of a
commitment by the insurance carrier to notifY
notify the Contracting Officer in writing of
any material change, expiration, or cancellation of any of the insurance policies or
bonds required hereunder not less than thirty (30) days before such change,
expiration or cancellation is effective.
H-14 REQUIRED SECURITY INVESTIGAnON
A. Suitability Requirements

In accordance with (Executive Order 10450, DOJ Order 2610.2) each contractor employee shall be
subject to a Suitability Check completed by the Office of Personnel Management for security
purposes before they are eligible to work under this contract. This shall also include all officers of
the firm who visit the work sites. Employees on whom Suitability Checks have not been completed
may not be permitted to work. When rehired, former employees may also have their suitability
again ascertained. It is the option of INS to repeat Suitability Check on any contract employee
should the need be indicated. The Suitability Check shall consist of limited personal background
inquiries pertaining to verification of names, physical description, marital status, present and former
residences, education received, employment history, arrest records if any, memberships in social
organizations, identification of relatives, personal references, fingerprint classifications, and other
information related to the preceding areas for each employee. In addition to the Suitability Checks,
employees shall be subject to police record checks to be made at the time of employment. Except as
prohibited by law all results shall be transmitted to the Contracting Officer's Technical
Representative (COTR) immediately. Suitability forms will be supplied by the COTR to the
Contractor and will be completed by each contract employee. The following forms, after being
completed, shall be furnished to the COTR no less than 21 days before the starting date of the
Contract or, for replacement employees, before entering on duty.

a. Statement of Personal History. SF-85P, "Questionnaire for Public Trust Positions" and
SF-85P-S, "Supplemental Questionnaire for Selected Positions."
b. Three (3) FBI Fingerprint Cards. FD-258.
c. Form 1-9 or Birth Certificate.

PAGEJ-6

000113

ACL-2-C-0004

d. Foreign Relative Fonn
Form
For those employees cleared through this process while employed by one contractor who is
subsequently replaced by another contractor, the new contractor is not required to submit another set
ofthese fonns
forms on employees retained, unless specifically requested to do so by the COTR.
The COTR shall provide Pre-Employment Suitability Checks (Form
(Fonn G-736) for three (3) references
from Block 13 of the SF-85P and for all supervisors for the last five (5) years from block 11 of the
SF-85P. The COTR will first attempt to make contact via telephone for each individual being
vouchered. The COTR shall include all infonnation
information on the fonn
form and shall sign the fonn
form with the
date and time, and the statement "Taken Telephonically by
". The duty title of that
Fonn Gindividual shall be included with hislher name and be signed at the bottom of block 14 on Form
Form G-736 may be mailed with a return
736. If contact cannot be made via the telephone the Fonn
envelope and a request that the person being queried contact the COTR by telephone to expedite
fonn by telephone, if possible.
completion of the form
fonns have been submitted to the COTR (SF-85P, SF-85P-s, SF-258, 1-9, and the Foreign
When all forms
Form), the entire package shall be submitted to the INS Personnel Suitability Office for
Relative Fonn),
review. Upon receiving completed packages on prospective applicants, credit checks will be
initiated on each. Ifboth the credit and fmgerprint checks are clear, Personnel Suitability will notify
the COTR that the person is eligible to enter on duty and forward the security clearance package to
the Office of Personnel Management (OPM) for investigation. The granting of a clearance to any
such employee, however, shall not be considered an assurance that full clearance will follow. The
granting of a full clearance shall in no way prevent, preclude or bar the withdrawal or tennination
termination of
any such clearance by INS, at any time during the tenn
term of
ofthe
the contract. The Contractor shall provide
to the COTR, prior to beginning perfonnance,
performance, an initial list of all principals, staff members and
employees having access to INS work areas. On the 1st
Ist and 15th of each month thereafter the
infonnation:
contractor shall provide the following information:
(i)
A current list of all principals, staff members, and employees having access
to any facility covered under the contract.

(ii)
A list showing the names of all new applicants being considered for
employment.

(iii)

tenninated during the preceding week.
A list ofemployees who terminated

Each list shall identify the personnel by last name, first name, middle initial, social security number,
date starting work and duties performed during employment.

PAGEl -7

000114

ACL-2-C-0004
The Government reserves the right and prerogative to require the contractor to terminate the
services and/or restrict access to the facility of any contractor employee who may be an offender or
whose personal habits, criminal history or inclinations are in conflict with the DOJ Standards of
Conduct (28 CFR 45.731.1 through 45.731.26), or who may otherwise be a security risk.
The contractor is specifically prohibited from hiring active duty military personnel and civilians
employed by the Government to perform work under this contract. All personnel must be U.S.
citizens or lawful permanent residents, possess a high school diploma or equivalent (GED), have no
criminal record, and be in good physical condition.

B. Removal from Duty
If the Contracting Officer or his designee receives disqualifying information on a contractor
employee as a result of a Suitability Check, he shall direct that the Contractor not allow employee to
perform any work on the terms of the contract. The Contractor must comply with all such
directions. When any employee is removed from duty under these circumstances, the Contractor
shall revoke his identification credentials as necessary and properly complete any required
dispositions. Contractor employees may be disqualified for duty if any of the following are
developed as facts pursuant to a Suitability Check:

(i) Conviction of a felony, a crime of violence, or a serious misdemeanor within the
last five (5) years.
(ii) Possessing a record of arrests for continuing offenses.

(iii) Falsification of information entered on suitability forms.

End of Section H.

PAGEJ -8

000115

ACL-2-C-0004

1-30

52.222-42

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the
Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected
to be employed under the contract and states the wages and fringe benefits payable to each if they
of55 U.S.C. 5341 or 5332.
were employed by the contracting agency subject to the provisions of

TIllS STATEl\1ENT
STATEMENT IS FOR INFORMATION ONLY - IT IS NOT A WAGE
DETERMINATION
Employee class:
Accounting Clerk
Secretary
Cook
Food Service Worker
Stock Clerk
General Maint Worker
Janitor
Maid/Houseman
MaidIHouseman
Machine Washer
Medical/Dental Unit Worker
Barber
Beautician
Guard
Detention/Correction Officer
Registered Nurse
Laborer, Grounds Maint

Monetary wage - Fringe benefits:
GS 47122/2
GS 46224/2
WG 52156/2
WG 52192/2
WG 4754 4/2
WG 61798/2
WG 5244 2/2
WG 52421/2
WG 7658 3/2
GS 52334/2
WG 5252 7/2
WG 52537/2
GS 5144 4/2
GS 51336/1
GS 29 7/2
WG 3502 2/2

$7.74
$9.57
$11.94
$7.74
$9.57
$14.67
$7.74
$6.95
$8.53
$9.57
$13.26
$13.26
$9.57
$10.37
$13.26
$7.74

$2.90
$3.59
$4.48
$2.90
$3.59
$5.51
$2.90
$2.61
$3.20
$3.59
$4.97
$4.97
$3.59
$3.70
$4.97
$2.90

PAGEJ-9

000116

ACL-2-C-0004

SECTION J - LIST OF ATTACHMENTS

PAGE J -10

000117

ACL-2-C-0004

SECTION J - LIST OF ATTACHMENTS
J-l

Attachment No.1 - Standards for Adult Local Detention Facilities, March 1991, 155
pages.

J-2

Attachment No.2 - Hold Room Design Standards, January 1993, 131 pages.

J-3

Attachment No.3 - INS Detention Standards
3-1. Access to Legal Materials, 18 pages.
3-2. Detained Alien Recreation Policy, 9 pages.
3-3. Detainee Access to Medical Care, 9 pages.
3-4. Detainee Hunger Strikes, 5 pages.
3-5. Detainee Suicide Prevention and Intervention,3 pages.
3-6. Detainee Telephone Access, 7 pages.
3-7. Detainee Visitation, 30 pages.
3.8.
Detainee Voluntary Work Program, 44 pages.
3-9. Group Legal Rights Presentation, 10 pages.
3-10. Issuance & Exchange of ClothinglBeddinglLinenffowels, 3
pages.
3-11. Marriage Requests, 4 pages.
3-12. Population Counts, 5 pages.
3-13. Religious Practices, 4 pages.
3-14. Accountability of Detainee Funds and Personal Property, 14
pages.
3-15. Control and Disposition of Contraband, 8 pages.
3-16. Post Orders, 5 pages.
3-17. Detainee Correspondence and Other Mail, 10 pages.

J-4

Attachment No. 4 - INS Health Care Program, Policies and Procedures, 1 page.
(Complete copy upon request, 164 pages)

J-5

Attachment No.5 - Department of Labor Wage Determination No. 94-2563, Revision
No: 14, dated 07/23/1998, 9 pages.

J-6

Attachment No.6 - SF 1448, Proposal Cover Sheet, 1 page.

J-7

Attachment No.7 - Quality Assurance Checklist, 6 pages.

J-8

Attachment No.8 - Past Performance Questionnaire, 7 pages.

PAGEJ -11

000118

The Habeas Citebook: Prosecutorial Misconduct Side