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ICE Contract w/ BI, Incorporated for Electronic Monitoring/Alternatives to Detention Program, 2009 to 2014

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Company Name:
BI Incorporated
Contract Number:
HSCECR-09-D-00002 (HSCECR09D00002)
Requisition/Reference Number:
192109CED0ATD0004
Latest Modification Processed:
N/A
Period of Performance:
7/20/2009 through 7/19/2014
Services Provided:
Providing professional support services for the Intensive
Supervision Appearance Program (ISAP) II for the
ICE/DRO/Alternatives to Detention (ATD) Unit.

11. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)

AWARD/CONTRACT

llRATING

rAGi

HSCECR-09-D-00002
CODE

I

6. ADMINISTERED BY (If other than Item 5)

ICE/CR/COMPLIANCE

CODE

I ICE/CR/COMPLIANCE

ICE/Compliance & Removal/Compliance
Immigration and Customs Enforcement
Office of Acquisition Management
801 I Street NW, suite 930
Attn: Tricia L. Jackson-Harris
Washington DC 20536

ICE/Compliance & Removal/Compliance
Immigration and Customs Enforcement
Office of Acquisition Management
801 I Street NW, Suite 800
Washington DC 20536
7. NAME AND ADDRESS OF CONTRACTOR (No., Street, City, Country, State and ZIP Code)

8. DELIVERY

BI INCORPORATED
6400 LOOKOUT ROAD
BOULDER CO 803013377

9. DISCOUNT FOR PROMPT PAYMENT

o FOB ORIGIN

~ OTHER (See below)

Net 30

10. SUBMIT INVOICES
(4 copies unless otherwise specified)
TO THE ADDRESS SHOWN IN

IFACILITY CODE

0941609590000

11. SHIP TOIMARK FOR

CODE

I

12. PAYMENT VVlLL BE MADE BY

ICE/DRO

[}41 U.S.C. 253 (c)(

ICE-DRO-FHQ-CED

See Schedule

)

15B. SUPPLIES/SERVICES

15A.ITEM NO

CODE

14. ACCOUNTING AND APPROPRIATION DATA

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
)

~

ITEM

DHS, ICE
Burlington Finance Center
P.O. Box 1620
Attn: ICE-DRO-FHQ-CED
Williston VT 05495-1620

ICE Detention & Removal
Immigration and Customs Enforcement
801 I Street, NW
Suite 900
Washington DC 20536

o 10 U.S.C. 2304 (c) (

Piu

See Block 20C192109CEDOATDOO04

~

5. ISSUED BY

CODE

O~

13. EFFECTIVE DATE :~ REQUlsmONIPURCHASE REQUE~~JE~T NO.

2. CONTRACT (Proc. Insi. ldent.) NO.

15E. UNIT PRICE

15C.
150.
QUANTITY UNIT

15F. AMOUNT

~ontinued
15G. TOTAL AMOUNT OF CONTRACT

(X)

SEC.

16 TABLE OF CONTENTS
PAGE(S)
(X) SEC.

DESCRIPTION

SOLICITATION/CONTRACT FORM

B

SUPPLIES OR SERVICES AND PRICEs/COSTS

C

DESCRIPTlONISPECS.IWORK STATEMENT

0

PACKAGING AND MARKING

SO.OO
PAGE(S)

DESCRIPTION

PART II - CONTRACT CLAUSES

PART 1- THE SCHEDULE
A

~I

I

CONTRACT CLAUSES

PART 111- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
J

LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E

INSPECTION AND ACCEPTANCE

F

DELIVERIES OR PERFORMANCE

G

CONTRACT ADMINISTRATION DATA

L

INSTRS., CONDS., AND NOTICES TO OFFERORS

H

SPECIAL CONTRACT REQUIREMENTS

M

EVALUATION FACTORS FOR AWARD

K

REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS

CONTRAcnNG OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPUCABLE
17.
CONTRACTOR'S NEGOTIATED AGREEMENT (Controctor is required to sign this
18. IiJ AWARD (Controctor is not required to sign this document.) Your offer on
document and mtum _ _ _ _ copies to issuifl(} office.) Contractor agrees to
Solicitation Number
HSCECR - 09-R- 0 0 0 04

0

furnish and deliver all items or perfonn all the services set forth or otherwise identiflGd
above and on any conllnuation sheets for the consideration stated herein. The rights and
obligations of the parties to this contract shall be subject to and govemed by the following
documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are al\ached or incorporated by
reference herein. 'Attachments 8m listed hemin.
19A. NAME AND TITLE OF SIGNER (Type or print)
19B. NAME OF CONTRACTOR

including the additions or changes made by you which additions or changes are set forth
in full above, is hereby accepted as to the items listed above and on any condition
sheets. This award consummates the contract which consists of the following
documents: (a) the Govemment's solicitation and your offer, and (b) this award/contract.
No further contractual document is necessary.
ER

19C. DATE SIGNED

BY

BY
(Signatum of person authorized to sign)
NSN 754()'()1·152-8069
PREVIOUS EDmON IS UNUSABLE

STANDARD FOR

Z6 (RClv. 4-15)

Presatbed by GSA

FAR (48 CFR) 53.214(8)

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SECTION C - Statement of Work

u.s. Immigration
and Customs
Enforcement
Office of Detention and Removal
Compliance Enforcement Division
AIternatives-To-Detention Unit

INTENSIVE SUPERVISION
APPEARANCE PROGRAM (I SAP) II

STATEMENT OF WORK

Source Selection Information - See FAR 3.104

27

28

SECTION C - Statement of Work

Table of Contents
1

BACKGROUND

30

2

OBJECTIVES

31

3

DEFINITIONS

31

4

OPERATING CONSTRAINTS/ASSUMPTIONS

31

5

SCOPE

31

Quality Assurance

5.1

5.2
Case Management Requirements
5.2.1
Case Management System
5.2.2
Case Records
5.2.3
Orientation
5.2.4
Individual Service Plan (lSP)
5.2.5
Rights of Program Participants
CONTRACTOR PERSONNEL

6
6.1

32
32
32
32
33
34
39
39
39

Key Personnel

6.2
Program Staffing Requirements
6.2.1
Program DirectorlDeputy Program Director
6.2.2
Case Specialists and Staff
6.2.3
Education/Training/LicenselCertification Requirements
6.2.4
Standards of Conduct
6.3
Removal from Duty

40

6.4

Credentials

43

6.5

Security Requirements

44

6.6
Training
Contractor Certification
6.6.1
6.6.2
Documentation and Orientation
6.6.3
Clerical Staff
6.6.4
Management Staff
6.6.5
Courses
7
7.1

40
40
40
41
42

44
44

44
44
45
45

RECORDS AND REPORTS

46

Program Reporting Requirements - Records Retention
7.1.1
Daily Emergency Report.
7.1.2
Daily Reports of Counts by Site (Including Enrollments and Terminations)
7.1.3
Weekly Termination Summary Report
7.1.4
Weekly Court Appearance Summary Report
7.1.5
Weekly Average Daily Cost and Average Length in Program Report
7.1.6
Monthly Program Progress Report
7.1.7
Quarterly Program Report
7.1.8
Annual Report
7.1.9
Ad Hoc Reports
7.1.10
DRO/Contractor Meeting Minutes
7.1.11
Invoice Details

46
47
48
48
48
48
48
49

Source Selection Information - See FAR 3.104

SO
SO
SO
SO

SECTION C - Statement of Work

29

8

51

9

FACILITIES
8.1

Office Space and Equipment

51

8.2

Emergencies

52

Tasks and Deliverables

53

APPENDIX A: TERMS, DEFINITIONS, AND PARTIAL EXPLANATIONS

A-56

APPENDIX B: NATIONWIDE PROGRAM EXPANSION REQUIREMENTS

B-66

APP~NDIX C: DETAILED ELECTRONIC MONITORING TECHNOLOGY (EM)
SPECIFICATIONS

C-70

APPENDIX D: REQUIRED SECURITY CLAUSE

D-81

Source Selection Information - See FAR 3.104

30

SECTION C - Statement of Work

INTENSIVE SUPERVISION APPEARANCE PROGRAM II (lSAP II)
STATEMENT OF WORK
1

BACKGROUND

The Alternatives to Detention (ATD) Unit of the Office of Detention and Removal
Operations (ORO) within the U.S. Department of Romeland Security's (DRS)
Immigration and Customs Enforcement (ICE) component is responsible for the
development and implementation of programs that provide cost-effective alternatives to
secure detention as a means of supervising the non-detained population These
alternatives to secure detention are designed to improve rates of appearance at
immigration interviews and hearings by aliens released from secure detention and
otherwise part of the non-detained population (i.e. those who have never been detained),
and also intended to improve compliance with final orders issued by immigration judges
by non-detained aliens.
Approximately 32,000 persons are held in secure detention by DRO each day. This
population includes aliens in the United States who are in violation of the Immigration
and Nationality Act (INA) who pose a threat to community safety, national security,
and/or may be a flight risk, in addition to those aliens required to be detained under
specific provisions of the INA.
Limited detention capacity and an increasing detainee population coupled with the need
to lower alien absconder rates have sparked national efforts over the past several years to
integrate into DRO's general practices the use of various alternatives to detention for
aliens who do not require mandatory detention in accordance with the INA. Alternatives
to detention offer the prospect of a considerable cost savings over secure detention for
eligible aliens.
The ATD Unit currently manages two contract programs: the Intensive Supervision
Appearance Program (ISAP) and the Enhanced Supervision/Reporting (ESR) Program.
The current ISAP contract expires on September 20, 2009. This statement of work
(SOW) describes the government's requirements for the follow-on contract, ISAP II.
ISAP is a core community-based supervision and in-person reporting program. Activities
of aliens released from ICE custody in the ISAP program are monitored by case
specialists (i.e. contractors). Aliens participating in this release program must participate
in or comply with a variety of activities and reporting requirements designed to
successfully reintegrate the alien into his or her community while awaiting removal (i.e.
travel to their country of origin). Requirements include home and local office visits,
employment verification, and curfews. To ensure successful completion of the program,
ISAP relies on electronic GPS monitoring devices, telephonic reporting and unannounced

SOW-30

Source Selection Information - See FAR 3.104

31

SECTION C - Statement of Work

home visits. Participants must also report to their assigned ISAP office regularly for faceto-face interviews.
Current operational ISAP and ESR offices are listed in Appendix B, Table B-1.
Depending on available funding during the execution of the ISAP II contract, DRO
intends to expand its ISAP coverage to the additional DRO Field Office and Sub-Office
locations under the ISAP II contract as described in Appendix B, Table B-2, both through
establishment of new contractor facilities and assignment of contractor personnel
working on-site at government facilities.

2

OBJECTIVES

The purpose of this contract is to provide highly structured community-based supervision
that emphasizes compliance with the INA and implementing regulations, and appearance
at Immigration Court proceedings, for aliens 18 years and older, not in custody.

3

DEFINITIONS

See Appendix A, Terms and Definitions, for terms and definitions related to performance
of this contract.
.

4

OPERATING CONSTRAINTS/ASSUMPTIONS

Contract performance shall fully comply with the following:
•
•
•

5

The Immigration and Nationality Act (INA) as amended, 8 U.S.C. 1101 et seq.
Homeland Security Act of 2002 (HSA), as amended
Title 8 Code of Federal Regulations (CFR), as amended

SCOPE

The contractor shall develop and implement a service plan and perform services in
accordance with the requirements of this SOW at DRO locations nationwide. The current
locations are shown in Appendix B. The services provided shall consist of communitybased supervision, in-person reporting, and electronic monitoring. The organization,
design, and administration of the program shall comply with all applicable federal, state,
and local licensing provisions, as well as DRO requirements as put forth in this SOW and
elsewhere in the ISAP II contract. The contractor shall provide management oversight
for the implementation and operations set forth in this SOW, and shall not refuse to
accept any program participant assigned by DRO.

SOW-31

Source Selection Information - See FAR 3.104

SECTION C - Statement of Work

5.1

32

Quality Assurance

For all areas of responsibility detailed within this SOW, the contractor shall also define
and implement quality assurance review and internal audit procedures in its ISAP II
Quality Assurance Plan (refer to RFP Section L, Instructions, Conditions And Notices To
Offerors), execute and document the results of such reviews and audits, and ensure that
all documentation (e.g. internal audit reports) related to them are available to the
Contracting Officer's Technical Representative (COTR) and/or Contracting Officer (CO)
at any time during the execution and close-out of the ISAP II contract.

5.2

Case Management Requirements

The contractor shall operate a Case Management process to include, but not be limited to
the following:

5.2.1

Case Management System. The contractor shall establish a case management
system for administering and supervising all aspects of a participant's
involvement in the program. The system shall provide for monitoring and
documenting a participant's compliance from entry to release from the program.
The contractor shall be proactive in managing cases and use all appropriate tools
and techniques available. This includes use of the Public Access to Court
Electronic Records (PACER) system to obtain immediate knowledge when an
immigration court decision is issued, as well as making inquiries with courts.
The Contractor shall use PACER and any other relevant public systems to
ascertain each Participant's status with the EOIR, and make the appropriate
updates and adjustments in their database for tracking and reporting purposes (see
also 7.1.6). Such adjustments and updates include, but are not limited to:
changes from PRE-ORDER to POST-ORDER supervisory stages, from POSTORDER to APPEAL, etc. as applicable.

5.2.2

Case Records. The contractor shall develop, maintain, and safeguard individual
program participant case records at the contractor's operational location (i.e.
either the contractor's facility or the government facility to which the contractor is
assigned). The contractor shall develop a system of accountability that preserves
the confidentiality of case records and protects case records from unauthorized
use or disclosure. The contractor shall verify that all official documents
accompanying program participants are complete and accurate so that they .
precisely identify the program participant.

SOW-32

Source Selection Information - See FAR 3.104

33

SECTION C - Statement of Work

Original travel and identity documents (e.g. visas, passports) will be maintained by ICE
within the participants A-File.

Case records shall include, at a minimum:
•

Name, alien registration number, country of birth, date of birth, and other
relevant biographical participant information
Orientation and intake forms
Case information from the referral source
Comprehensive assessment
Individual service plans and case notes
Progress reports
Program rules and disciplinary policies
Copies of disciplinary actions
Referrals to other service agencies
Copies of identification documents; (e.g., driver licenses, identification
cards)
Copies of travel documents

•
•
•
•
•
•
•
•
•
•

Any system that the contractor uses for updating participant records including, but not
limited to, those listed above in this section must satisfY the requirement that the relevant
changes or updates be date-stamped, preferably with an automated, system-generated
time-stamp. All previous time-stamps shall be preserved and visible next to each
sequential update or change with most recent update annotated (e.g. by highlighting the
most recent time-stamped revision). For example:
~

1115/2009 12:30PM: Participant came to the office for a scheduled office
visit. Equipment was checked and appeared to be tamper free.
Unannounced home visit scheduled for 112112009
1I21120093:10PM: Home visit conducted.
Verified Particpant's presence in his home; equipment in good working
order, no updates on the subject's immigration case

5.2.3

Orientation. The contractor shall provide a comprehensive orientation for every
program participant as soon as possible, but not longer than twenty-four (24)
hours after being notified by DRO that a participant is available for intake. The
orientation shall include, at a minimum, an overview of the program, rules,
regulations, procedures, the consequences for violation of any of these policies,
the Immigration Court process, and an explanation of the case management and
service plan procedure. The contractor shall:

SOW-33

Source Selection Information - See FAR 3.104

SECTION C - Statement of Work

•

•
•
•
•

34

Document the orientation, ensuring all documents bear the participant's
signature as evidence of acknowledgement, understanding and acceptance
of all tenus and conditions therein. Such individually signed documents
include, but are not limited to: enrollment sheets, orientation
documentation, individual service plans, program rules, policies regarding
non-compliance, and any other documents explaining the program.' s
compliance expectations of the participant.
Provide the orientation infonnation in a written handbook
Ensure the orientation is presented in a language the program. participant
understands
Provide program participants with a current EO IR list of pro bono legal
service providers who practice within the participant's locality
Provide program participants a list of community resources including, but
not limited to transportation, medical, education, financial, legal, religious,
and other social adjustment and facilitative resources

The contractor must notify the DRO ISAP Task Manager by email to certify that each
orientation session has been completed.
5.2.4

Individual Service Plan (ISP). Prior to the end of a participant's onentation
interview the contractor shall have developed the participant's ISP. Each ISP must
be comprehensive, realistic, and comply with ISAP II program requirements. The
contractor shall closely coordinate ISPs for each program participant through a
structured case management system. The contractor's assigned case specialist
shall be responsible for execution and maintenance of each participant's specific
ISP and case management activities.

5.2.4.1 Face-to-Face Contacts and Verifications with Program Participants. For
purposes of this SOW, "face-to-face" shall mean a situation in which the
contractor's assigned case specialist is in the same room as the participant. ISPs
shall include these minimum face-to-face supervision elements:
•
•
•
•

Orientation within 24 hours of intake (see also 5.2.3)
Participant progress report every 30 days
ISP review every 30 days
Residence verification within forty-eight (48) hours of intake, and within
48 hours of any reported change of address. During residence verifications
the contractor's assigned case specialist must witness the participant
physically in his home, not on the outside of the property (e.g. stairs, lawn,
shed).

SOW-34

Source Selection Information - See FAR 3.104

35

SECTION C - Statement of Work

•

•
•

Employment verification within five (5) days of intake, and every thirty
(30) days thereafter (as allowed by u.s. immigration law). During
employment verifications the contractor's assigned case specialist must
witness the participant on the work-site working at his or her job.
The contractor shall anticipate and provide counseling referrals as needed.
The contractor shall assist participants in acquiring travel documents from
their countries of citizenship. The local DRO case officer will coordinate
with the case specialist when information for a travel document is required
from a participant. The contractor shall obtain any necessary photos and/or
fingerprints for travel documentation. The contractor shall obtain proof
from the participant that the participant has had contact with his or her
consular embassy. The contractor shall maintain a log of travel document
information for each participant, including type of nformation/application,
dates and times of completion, and dates/times of providing them to DRO.
The date and times of receipt of Travel Docs from DRO should be noted.
Passport validity dates and passport numbers should also be listed. Should
a valid travel document be coming up on expiration, the contractor should
be able to anticipate the need for the subject to reapply. The contractor
shall also keep DRO informed of the participant's compliance in travel
document procurement.

5.2.4.2 Stages of Supervision. The contractor's Case Management Plan and ISPs shall
recognize different supervisory requirements dining each stage of the
immigration hearing process. These stages are:
• Pre-Order (PRE) - The participant has not received an order of removal
from the Immigration Court
• Post-Order (POST) - The participant has received a final order of removal
from the Immigration Court. What this means is that neither the
participant nor ICE has reserved appeal of the court's order; or if either the
participant or ICE has reserved appeal, neither party has perfected that
appeal by filing a Notice of Appeal (NOA) with the Board of Immigration
Appeals (BIA) within the 30- day statutory period. Included in this
category are:
~

~

Voluntary departures (VD)
Other special interest participants

• Appeal - The Immigration Court has issued a decision, and either the
participant or ICE has filed an NOA with the BIA, and the appeal is
pending before the BIA.

SOW-3S

Source Selection Information - See FAR 3.104

SECTION C - Statement of Work

36

• Post-Order Custody Review (POCR) - The participant has received a final
order of removal, completed a custody review, and has been released to
the community pending their possible removal from the United States.
There are two subcategories of POCR participants:
o

o

5.2.4.3

Reasonably Foreseeable Removal- Participant will be removed in
the foreseeable future, which is typically ninety days from the
Order of Removal. This category also includes some special
discretionary DRO releases (e.g. for celiain medical conditions).
Non-foreseeable Removal - Participant will not be removed in the
foreseeable future

Supervisory Requirements. The current average length of stay for each
participant in TSAP (i.e. from intake through tem1ination) is between 300 and
365 days. The requirements for each stage and corresponding levels of
supervision are as follows.

5.2.4.3.1 PRE-ORDER (CLIN X002A)
•
•
•
•

1 face-to-face interview at the contractor' s office every 2 weeks
1 unannounced on-site home visit every 4 weeks
Telephonic reporting (TR)
I employment verification every 4 weeks (as allowed by U.S. immigration
law).

5.2.4.3.2 POST-ORDER (CLINX002B)
• 2 face-to-face interviews at the contractor' s office every 2 weeks
• 1 unannounced on-site home visit every 2 weeks
• Electronic monitoring: TR, active/passive global posi~ioning s stem
(OPSIA - OPS/P) at Deportation Officer CDO) or [mmigratio"
Enforcement Agent (lEA) diseretion (if not .§llecified· an Order f
Su ervision)
• 1 employment verification every 4 weeks (as allowed by U.S . immigration
law)

SOW-36

Source Selection Information - See FAR 3.1 04

SECTION C - Statement of Work

37

5.2.4.3.3 APPEAL (CLIN X002C)
• 1 face-to-face interview at the contractor's office every 4 weeks
• 1 unannounced on-site home visit every 4 weeks
• TR
• 1 employment verification every 4 weeks (as allowed by U.S. immigration
law)
5.2.4.3.4 POCR-REASONABL Y FORESEEABLE REMOVAL (RFR) (CLIN X002D)
• 2 face-to-face interviews at the contractor's office every 2 weeks
• I unannounced on-site home visit every
:-;;2,.;w
;.:,e:,;e:.;:k;:Os_"'7:-,,-_ _....
• Electronic monitoring: TR, active/passive global ositionin system
(GPS/ A - GPS/P2
• I employment verification every 4 weeks (as allowed by U.S. immigration
law)
5.2.4.3.5 POCR - NON-FORESEEABLE REMOVAL (NFR) (CLIN X002E)
• 1 face-to-face interview at the contractor's office every 8 weeks
• I unannounced on-site home visit every 8 weeks
• 1 employment verification every 8 weeks (as allowed by U.S. immigration
law)
• Opnional: electronic monitoFing (TR, GPSIA
J!.Uo"""""""",!..6J.
at e d'iseretion ofthe DRO case officer.
5.2.4.4 Scheduling. The daily schedule shall be designed to provide the proper level of
supervision and accountability on the part of each participant. The contractor
shall balance scheduled contacts and residence/employment visits to effectively
accomplish the desired intensity of supervision throughoutthe period of measure
(e.g. the contractor should schedule the required 2 face-to-face office interviews
with a participant being supervised wlder CLIN X002D in separate calendar
weeks, and not on consecutive days).
5.2.4.4.1 Rescheduling of Unsuccessful Unannounced Residence/Curfew and
Employment Visits. If the participant is not physically present in his or her
home (or at his or her place of employment in the case of an employment
verification) at the tinle of the visit, telephonic contact must be immediately
initiated to locate the Participant and determine why he or she is not at the
required location as specified in the Participant's ISP (e.g. in the home or on
the job) during the required timeframe. The Contractor and the Participant

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38

conduct a successful home visit within forty-eight (48) hours of any
unsuccessful home or work visit. These rescheduled visits are not included
and are in addition to the requirements described in 5.2.4.3.
5.2.4.5 Grievances. The contractor shall develop procedures for reporting and handling
grievances. All formal grievances shall be reported in the monthly program
reports to the CO.
5.2.4.6 Electronic Monitoring
The contractor shall provide detailed written policies and procedures for purchasing,
owning, warehousing, installing, 2417 monitoring, maintaining, and recovering all
electronic monitoring (EM) equipment for all participants as specified in Appendix C,
Detailed Electronic Monitoring Technology Specifications.
5.2.4.6.1 Under certain circumstances DRO may choose to use EM as the sole means of
participant supervision (e.g. at the DDO OR lEA'S ' s discretion he/she may
choose to require a participant to submit to telephonic monitoring or some
other form of EM due to distance or disability without a requirement for faceto-face visits or unatmounced home visits).
5.2.4.6.2 The contractor shall establish notification policies and procedures for key
events as described in Appendix C, Section 3.
5.2.4.6.3 The contractor shall ensure it has immediate availability of EM equipment, to
include spares and support of special operations, to meet all government
requirements as they arise (e.g. those arising from worksite enforcement
actions). The minimum requirement is that at any given time the contractor
shall have on hand at its respective fie ld- or sub-office operating locations a
number of mission-ready EM units that is no less than the higher of

>>-

10% of that location' s participant population
five (5)

The contractor must have all EM equipment necessat)' to support upcoming
operations within forty-eight (48) hours of notification by DRO that such an
operation is scheduled.

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39

5.2.4.6.4 The contractor shall disclose to the CO any third-party relationship that is
instrumental to acquisition, training, operation, and control or otherwise has an
impact on the function of the EM services required under this contract.
5.2.4.7 ISAP Program Participant Rules
The contractor shall provide program participants with program rules at orientation and
obtain written confmnation from the participant that he/she has read, fully understood,
and agrees to comply with the rules. Standards for rules and procedures shall be approved
in writing by the CO. The rules shall specify acts that are prohibited and penalties that
may be imposed by DRO. The contractor shall exercise professional judgment and
discretion in creating rules, provide program participants adequate counseling to facilitate
their compliance, and to document and report violations to the local DRO Task Manager.
5.2.4.8 Translators
The contractor shall provide professional translators or bilingual staff (preferred method)
to communicate with program participants who do not speak or comprehend English.
The contractor may use commercial telephonic interpretation services for this purpose as
approved by the CO.

5.2.5 Rights of Program Participants
All program participants will be treated with care, dignity, and respect. Program
participants will be allowed privacy when using the phone or meeting with their
privately-retained legal counsel, as well as access to such legal counsel at the contractor
office location or the government site to which the Contractor is assigned.

6

CONTRACTOR PERSONNEL

The contractor shall supply the COTR and the DRO Security Officer with a monthly list
of all employees working on the contract.

6.1

Key Personnel

The contractor shall obtain prior written concurrence from the CO for appointment and
replacement of key personnel as established within the contract clause entitled "Key
Personnel."

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6.2

40

Program Staffing Requirements

The contractor shall define clear responsibilities and lines of authority for the following
positions:

6.2.1

Program Director/Deputv Program Director (the contractor personnel filling this
position shall be designated "Key Personnel"). The contractor Program Director is
the person responsible and accountable for the overall execution and
administration of the program under this contract. This person functions as the
single point of contact for the COrR and co.
•
•

The contractor shall create and maintain a management organization that
has its Program Director available as the single point of contact for DRO.
As key personnel, absent any reasons supporting a termination for cause
on behalf of the contractor, the contractor shall ensure that the Program
Director retain his or her position on the ISAP II contract for not less than
one (I) year from the date of contract award.
Should the contractor terminate the Program Director or Deputy
Program Director at any time during the contract period, the
contractor's replacement must be approved by the COrR and
Contracting Officer prior to his or her assignment on the ISAP II
contract.
The Program Director and Deputy Program Director, with authority to act
on behalf of the Program Director, shall be accessible to ICE DRO by
cellular telephone 24 hours per day, 7 days per week, 365 days per year.

»

•

6.2.2 Case Specialists and Staff. Case specialists are respons~ble for:
•
•
•
•

Providing program services to participants
Directing communication with program participants
Creating participant ISPs, maintaining case records and executing case
management plans
Maintaining currency in th~ir training and certification requirements in
accordance with state and DRO ICE standards

6.2.3 Education/Training/License/Certification Requirements
6.2.3.1 The Program Director shall:
•

At a minimum, possess a bachelor's degree in an appropriate discipline
from an accredited university

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SECTION C - Statement of Work

•

41

Have documented experience, certification, and credentials applicable to
the goals and objectives of this program sufficient to communicate, direct,
counsel, and evaluate subordinate staff that would be appropriate for and
commensurate with a typical community program with similar goals and
objectives

6.2.3.2 Case Specialists and staff with direct program participant interface,
communication, and direction shall:
•

•

•

•

Possess a bachelor's degree in an appropriate discipline from an accredited
university (an associates degree with two or more years of relevant
experience as defined in subpart ii below may be substituted for a
bachelor' s degree)
Have at least two years of documented experience in a field related to law,
social work, detention, corrections, or similar occupational area;
certification, licensure, and credentials applicable to the professional
accreditation of the position
Demonstrate experience applicable to the goals and objectives of this
program sufficient to communicate with other staff, and appropriate for a
similar program environment
Possess and maintain appropriate state licensure

6.2.4 Standards of Conduct
The contractor shall be responsible for developing and maintaining standards of conduct
for employee competency, conduct, appearance, and integrity and also shall be
responsible for its employees' perfonnance and the quality of the services they provide.
6.2.4.1 The contractor shall provide all employees with a copy of the program's
standards of conduct.
6.2.4.2 All employees shall certify in writing that they have read and understand these
standards.
6.2.4.3 A record of this certificate shall be provided to the COTR prior to the
employee's beginning work under this contract.
6.2.4.4 Contractor staff shall not display favoritism or preferential treatment to one
program participant or group of program participants over another.
6.2.4.5 No contractor employee shall enter a personal relationship with a program
participant outside the scope of the goals and objectives of the program.

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6.2.4.6 Contractor staff shall be prohibited from accepting for themselves or any
member of their family any personal gift, favor, or service from program
participants or from the program participants' families or close associates, no
matter how trivial the gift or service may seem. All staff shall be required to
immediately report any such offers to the Program Director via the Office
Manager. In addition, no staff shall give any gift, favors, or service not
authorized under the ISAP II contract to program participants, their families, or
close associates.
6.2.4.7 Contractor staff shall not enter any business relationship with program
participants or their families (e.g., selling, buying, trading personal property,
etc.).
6.2.4.8 Contractor staff shall not have any outside or social contact (other than
incidental contact) with program participants, their families or close associates.
6.2.4.9 The contractor shall immediately report to the COTR any violations or
attempted violations of the standards of conduct:
6.2.4.10 Violations may result in employee dismissal by the contractor or removal at the
discretion of the CO.
6.2.4.11 Failure on the part of the contractor to report a known violation or to take
appropriate disciplinary action against offending employee or employees shall
subject the contractor to appropriate action up to and including tennination of
the contract for default.
6.2.4.12 Contractor staff shall be prohibited from providing legal advice to program
participants and from interfering with a program participant's immigration status
proceedings or the execution offmal orders of the Immigration Court. Failure to.
comply could result in the termination of the contract and/or possible criminal
charges against the employee.

6.3

Removal from Duty

The contractor shall notify the COTR immediately upon learning of adverse or
disqualifying information regarding any employee. The contractor shall immediately
remove the employee from performing duties under this contract or any other DHS
contract and· comply with further guidance from the CO upon learning of adverse or
disqualifying information (see also 6.2.1 regarding key personnel). Disqualifying
information may include, but is not limited to:
•
•
•

Arrest or conviction of a crime (felony or misdemeanor offenses)
A record of arrests for traffic offenses (especially nUl)
False information entered on suitability forms

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•

•

43

The contractor shall immediately remove from assignment to this contract or any
DHS contract any employee who has been disqualified for security reasons or is
deemed unfit to perform his or her duties.
The contractor shall immediately notify the COTR when removing an employee from
duty. A determination of being unfit for duty may include, but is not limited to,
incidents involving misconduct as set forth below:
o Neglect of duty or failure to carry out assigned tasks
o Falsification or unlawful concealment, removal, mutilation, or destruction of any
official documents or records, or concealment of material facts by willful
omissions from official documents or records
o Theft, vandalism, or any other criminal actions
o Possession of or selling, consuming, or being under the influence of intoxicants,
drugs, or other mind-altering substances
o Unethical or improper use of official authority
o Violations of security procedures or regulations
o Fraternization with program participants
o Failure to maintain or fulfill training requirements

The contractor shall immediately notify the COTR in writing of any employee
terminations, suspensions, resignations, or any other adverse personnel actions taken for
any reason.

6.4

Credentials

All program staff shall carry approved identification credentials at all times while
performing under this contract. Credentials must contain the following for each
employee:
•

•
•

A photograph of the employee that is at least one inch square. The photograph shall
show, as a maximum, the head and shoulders of the employee and shall be no more
than one year old at the time the credential is issued.
Signature of the employee
Validation by the issuing authority

Credentials shall be valid for up to five years and shall be unique from any other
credentials issued by the contractor to its non-ISAP employees.
The contractor shall void and immediately make the appropriate disposition of all
identification credentials upon completion of assignments that result in program staff no
longer performing under this contract.

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SECTION C - Statement of Work

6.5

Security Requirements

Security requirements for this contract are described in Appendix D.

6.6

Training

The contractor shall train its staff in accordance with a written Training Plan for all
employees that incorporates the mandatory training requirements listed below, as well as
other related training courses developed by the contractor that are necessary for
successful performance while working on the program.

6.6.1

Contractor Certification. The contractor shall certify that employees have been
trained and shall provide documentation of training upon COTR request. Under
no circumstances shall a contractor employee perform duties under this contract
until all initial training, or refresher training as required in this subsection, is
successfully completed and certified by the contractor in writing to the COTR.
The COTR must provide written approval prior to the assignment of any
employee beginning to perform any duties under this contract. All employees
shall be given annual refresher training occurring each subsequent year of
employment.

6.6.2 Documentation and Orientation. The contractor shall ensure that the mandatory
training as described in 6.6.4 and 6.6.5, as well as the training required to be
developed by the contractor is provided to all employees. The contractor may
either provide the required training or have an institution acceptable to the COTR
provide the training. Failure of any employee to successfully complete mandatory
training is sufficient reason to disqualify him or her from duty. All aspects of the
training and all types of documentation associated with the ISAP program are
subject to evaluation, monitoring, and approval by the COTR. The contractor
shall provide to the COTR monthly documentation of the training completed for
each contractor employee, including but not limited to the number of training
hours, type of training, date and location of training, and name of the instructor.
The contractor shall provide the COTR copies of all certifications. Upon contract
award, DRO will provide the initial orientation training for the contractor's staff
responsible for training utilizing a ''train the trainer" approach. The cOlJ.tractor will
provide all subsequent orientation training for all employees, including those
added throughout the duration of the contract.

6.6.3 Clerical Staff. The contractor shall provide all clerical/administrative support
contractor employees who have minimal program participant contact with 20
hours of training in addition to orientation, to be completed within 14 days of

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45

employment and prior to being assigned to autonomous duties. The courses
annotated (*) in 6.6.5 are mandatory courses. All contractor employees in this
category shall be given annual refresher training consisting of the mandatory
training each subsequent year of employment.
6.6.4

Management Staff. The contractor shall provide each member of the managerial
staff with all of the mandatory training courses described below. These courses
shall be completed within 14 days of employment. In addition, the managerial
personnel shall complete 24 hours of general management training during the first
year and each subsequent year of employment. The contractor shall provide the
COTR copies of training certification.

6.6.5

Courses. The following is a list of mandatory training subjects and minimum
hours of training that shall be included in the contractor's Training Plan:

•
•
•
•
•
•
•

Ethics and Authority (2 hours)
Note-Taking and Report Writing (4 hours) '
Self-Defense (8 hours)
Human Relations (I hour)'
Handling Disorderly Conduct, Civil Disturbances, and Other Incidents (3 hours)
Cultural and Ethnic Sensitivity (2 hours)*
Orientation (I hour)'

• Mandato/y courses

6.6.5.\

Supervisors shall attend 24 hours of additional training that includes: (I)
communications; (2) solving performance problems; (3) counseling employees;
(4) leadership skills (emphasizing styles, motivation, and career development);
(5) scheduling; and (6) equal employment practices .

.6.52 The contractor shall complete all lCE mandatory training for contraGtors. The
current mandatory training is listed in Table I. The training is available online
the ICE Virtual University. Access to the ICE Virtual University may be made
available to the contractor's staff following contract award. In the event access
ov'de he ontractor with a CD version.
is not vai a e the CO

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SECTION C - Statement of Work

46

Course

Description

Information Assurance
Awareness Training
(IAAT) (Formerly
CSAT)

Training to reinforce computer security policies and guidelines
to all Information Technology users.

Securely Handling ICE
Sensitive But
Unclassified For
Official Use Only
Information
Records Management

Training on how to handle a variety of Sensitive but
Unclassified (SBU) / For Official Use Only (FOUO)
information and protecting this information from unauthorized
access, distribution, reproduction, and destruction.
This course explains significant aspects of records
management and records themselves. It covers agency
responsibilities, and the role of the individual in records
management. The life-cycle of records is explained in detail
and covers the three phases: records creations, records
maintenance and use, and retention and disposition of records.
The guiding agency document for controlling the handling and
disposition of records, the File Plan, is also covered. Scenarios
involving critical records management issues are provided for
reinforcement. A specific type of record, the A-File, is covered
in some detail. Important aspects of the Freedom of
Information Act (FOIA) are also discussed.

Table 1: ICE Mandatory Annual Contractor Training

7
7.1

RECORDS AND REPORTS
Program Reporting Requirements - Records Retention

The contractor shall provide written plans, policies, and procedures that describe the
format and reporting criteria for all records and reports. The contractor shall maintain all
logs and records required to execute and document the operational and managerial
aspects of the ISAP program in compliance with the requirements of this contract. All
logs and records shall be maintained at the contractor's office (or, as applicable, the ICE
DRO office) in locked cabinets within the administrative area. As stated in Error!
Reference source not found., all contractor employees assigned to perfonn duties under
the ISAP II contract shall be trained in and comply with ICE Records Management
policies and procedures. All records are subject to inspection and review by the CO and
COTR 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 paragraph.
The contractor shall not destroy or alter any logs or records pertaining to this contract. At
the completion or termination of

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SECTION C - Statement of Work

this contract, the contractor shall submit all logs and records to ICE DRO as directed by
the CO.
7.1.1

Daily Emergency Report.

Upon discovery of any of the following events, the contractor shall immediately notify
the local Task Manager verbally and then follow up with a written report to the local'
Task Manager and COTR within 24 hours of discovery:
•
•
•
•
•
•
•
•
•
•

Any unauthorized absence (missed office visit, missed un~ounced home visit)
Contacts or threats by individuals believed to represent alien smuggling syndicates or
organized crime
Pregnancy or childbirth
Hospitalization, serious illness, or serious injury
Suicide or attempted suicide
Death
Police contact, including arrest and/or incarceration
Commission of a major program offense
Any abuse or neglect incident
Unauthorized correspondence and/or contact

At a minimum, written reports shall include the following information:
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Name of participant
Alien registration number
Physical description/photograph of participant
Date of occurrence
Time of occurrence
Type of incident
Contact made to local Task Manager and feedback/direction
Any known calls or contacts made by participant prior to incident
Name, address, and phone numbers of personal contacts
Information regarding unusual behavior
Any reason to believe the incident was involuntary
Other law enforcement agents notified and point(s) of contact
Current participant status
Further action required, if applicable

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7.1.2

48

Daily Reports of Counts by Site <Including Enrollments and Terminations)

The contractor shall report daily participant counts by each site to include enrollments
and terminations.
7.1.3

Weekly Termination Sumtnaxy Report

The contractor shall report terminations from the program inception to date using the
codes provided by DRO ICE for each DRO field office, with the corresponding
percentage and roll-up for all offices. The breakdown should distinguish between pre
order, post-order, appeal, POCR, voluntary departure (VD) participants, and all four
combined. The breakdown should list the participants by country of citizenship and status
at time of termination from the program (i.e. not status at time of enrollment).
7.1.4

Weekly Court Appearance Sumtnaxy Report

The contractor shall report the number of fmal hearings scheduled and the number of
hearings attended for each DRO field office, with the corresponding percentage and rollup for all offices. The breakdown should distinguish between pre-order, post-order,
appeal, and POCR participants, all three combined, and by country of citizenship.
7.1.5

Weekly Average Daily Cost and Average Length in Program Report

The contractor shall report the average number of days spent in the program for
participants and the average daily cost per participant.
7.1.6

Monthly Program Progress Report

The contractor shall submit written Monthly Program Progress Reports by the fifth
workday after the end of each month. Monthly reports shall include information
regarding contract compliance, immigration court appearance rates, participant statistics,
and significant events. These reports shall include, at a minimum, the following for both
the overall program and individual sites, where applicable:
•
•

•

Number of active participants at the end of the reporting month, total number of
participants over the month, year to date, and since program inception
Number of terminations (program wide) using the codes provided by DRO ICE for
each DRO field office or sub-office, with the corresponding percentage and roll-up
for all offices
Number of grievances filed with the contractor by reporting month, year to date, and
since program inception

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SECTION C - Statement of Work

•

•

•
•
•
•

•

Immigration Court compliance rates - Executive Office for Immigration Review
(BOIR) hearings scheduled, EOIR hearings attended, percentage compliance,
hearings of final decision, and hearings of fmal decision ordered in absentia
Participant status in the removal process and participant's hearing status with EOIR
(Master Calendar Hearing, Custody Hearing, Merits Hearing, etc.) from the
participant's enrollment date into the program until they are terminated from the
program.
~ Based on the above information, the contractor will provide statistics on
the number of participants who at the time of enrollment have not had a
hearing with EOIR, have had a Master Calendar Hearing, Custody
Hearing, or Merits Hearing, have a fmal order of removal, have an appeal
pending, number of continuances and number of days between hearing
dates as well as individual participant appearance rates with the
immigration court.
Monthly roll-up of emergency incidents
Participant turnover summary
Number of active and inactive by nationality (i.e. country of citizenship) and location
Average days to final hearing and average number of hearings before the final
hearing (i.e. hearing appearance rates per participant, by location, by hearing type and
number of days between hearings/continuances).
Contractor's ISAP II personnel roster that includes, at a minimum
~ Full name of employee
~ 'Employee's official job title (e.g. Program Director, Case Specialist)
~ Date of hire
~ Date of assignment to ISAP
~ Training status
~ Date removed/terminated from ISAP II contract duties
~ Case specialist-to-participant ratio (by location and overall program)

7.1.7

Quarterly Program Report

Written reports are due the fifth workday after the end of the quarter. Quarterly reports
shall not duplicate information provided in the monthly reports but provide additional
information as follows:
•
•
•

Average length in program by location and type - active and inactive
Program compliance by year and year-to-date by type and location
Participants with legal representation by location

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7.1.8

50

Annual Report

At the conclusion of each period of performance, the contractor shall prepare an annual
report. Information for the annual reports shall address, at a minimum:
•
•
•

•

Program expectations compared to actual function in the previous 12 months
Significant events
Performance measures, such as percentage of appearances by participants-home
visits, office reporting, Immigration Court, compliance of EM-only participants with
monitoring requirements, participants terminated from the program, absences without
permission, media issues, necessary administrative changes and fiscal issues
Recommendations for program improvement

7.1.9

Ad Hoc Reports

Frequently ICE DRO management requires the A TD Unit to respond to infonnation
requests for briefings to ICE management (e.g. the Assistant Secretary) or external
authorities (e.g. Congress) and other miscellaneous organizations (e.g. pro-bono
attorneys). The contractor shall support such requests using program data and
infonnation when required.
7.1.10 DRO/Contractor Meeting Minutes
The contractor's representatives shall meet with the COTR and the CO on a regular basis,
as determined by the CO and/or COTR. These meetings will provide a management-level
review and assessment of contractor performance, and a discussion/resolution of any
program issues. A mutual effort will be made to resolve all identified problems or issues.
The contractor shall prepare written minutes of the meetings and shall submit the minutes
within five days for COTR review and approval. Upon COTR approval, the contractor
shall distribute copies to all attendees.
7.1.11 Invoice Details
Each invoice must include detailed billing information by site and participant count by
day. This includes a chronological listing of participants with name, alien control
number, date of admission, end of month status, and date of discharge.

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8

51

FACILITIES

The contractor shall obtain and maintain office space for all contract employees of
sufficient size to allow for meetings with program participants, records retention, and a
reasonable flow of daily bnsiness.

8.1

Office Space and Equipment

The contractor shall provide offices/office space adequate for all personnel, vehicles, and
equipment at each of its designated operational locations under this contract. Locations
where the contractor must provide office space are contained in Appendix B. The
contractor will work in ORO offices at all other locations.
•
•

•

•
•

•

•
•

The contractor shall provide its staff with all IT equipment and networking at its own
facilities.
Where assigned to operate on-site at a ORO (i.e. government owned or leased)
facility , ORO will assign the necessary IT equipment, standard ICE desktop software,
accesses, infrastructure and technical support to contractor staff subject to compliance
with ICE Office of the Chieflnfonnation Officer (OCIO) and Office of Asset
Management (OAM) policy.
Whether operating at a contractor site on contractor-owned equipment or at a ORO
site on OFE, when accessing infonnation and applications behind the OHS and ICE
firewalls the contractor shall ensure that its operations under the ISAP II contract
comply with all applicable ORS and ICE OCIO requirements.
All contraotor primary offices should be within 10 miles referablx as close as
possible to the ICE office it serves.
Program services shall be provided in the least restrictive environment appropriate to
the program participant population and community sensitivities and administered in a
culturally sensitive manner.
The contractor shall affumatively demonstrate through appropriate documentation
that occupancy meets all applicable state licensing requirements for zoning, building,
fire, occupational health and safety, and occupancy.
The contractor shall maintain an aesthetically appealing office that reflects positively
on OHS ICE and is appropriate for the community area in which it is located.
Offices/office space will be obtained by the contractor. The contractor shall be
responsible for its maintenance, janitorial service, upkeep, repair, and utilities.

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•

•
•

52

The contractor shall provide the COTR with written certification that the office/office
space complies with state and local emergency and safety codes prior to beginning
work under this contract.
The contractor shall enforce a tobacco-free environment in all of its ISAP offices.
The contractor shall ensure that all of its ISAP offices provide private rooms for
participant interviews (e.g. with the contractor, with the participant's legal counsel).

8.2

Emergencies

The contractor shall include in its emergency preparedness plans (e.g. Continuity of
Operations Plan, Disaster Recovery Plan):
~

~

Written evacuation and alternate staging procedures for use in event of fire, flood
or any other similar emergency, or should the facility become unfit for its
intended use for any period of time.
Written back-up procedures for IT systems used to support continuity of
operations during an event.

The contractor shall review its plans annually, update as necessary, and reissue to the
local fire jurisdiction and the COTR, as well as ensuring awareness of the plan and
procedures by the staff and the program participants.

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9

Tasks and Deliverables

Table 2 shows a list of ISAP II contract tasks and deliverables.
Contract
Deliverable
Requirements
List (CDRL)
Item No.

AOO01

AOO02

AOO03

AOO04

AOO05

AOOOS

AOO07

AOO07A

AOOOS

Description

Conduct and
Document
Internal Quality
Assurance
Audits
Develop and
Implement Case
Management
System
Create and
Maintain Case
Records
Conduct
Program
Orientation with
Each Participant
Develop
Individual
Service Plan for
Each Participant
Conduct Faceto-Face
Interviews with
Participants
Conduct
Electronic
Monitoring (EM)
of Participants
Maintain EM
Equipment
Inventory

SOW
Sections

Due

5.1

Monthly

5.2.1

See RFP Section L

5.2.2

Ongoing throughout
contract execution

5.2.3

5.2.4
5.2.4.1
through
5.2.4.4.1

Within 24 hours of
intake into ISAP or
change in supervisory
stage
Prior to end of
Participant's
Orientation Interview
(see item AOO04)
In accordance with the
Daily Schedule
described in SOW
Section 5.2

Review/Update

Review and update
Quality Assurance
Procedures as
required, but no
less frequent than
annually.
Annually within 60
days of exercising
option or at
direction of CO
Daily

Daily/as required

Monthly

Daily, as required

5.2.4.S

As required in SOW
Section 5.2.4.6

24 hours per dayn
days per week, 365
days per year

Appendix
C

As required in SOW
Appendix C

As required to fulfill
SOW requiremeryts

As necessary in
accordance with SOW
5.2.4.S
Section 5.2
requirements
Table 2: ISAP II Contract Deliverable Requirements

Provide
Translator
Services

SOW-53

Source Selection Information - See FAR 3.104

Monthly

SECTION C - Statement of Work

Contract
Deliverable
Requirements
List (CDRL) Item
No.

Description

54

SOW
Sections

AOO09

Develop and
Enforce
Contractor
Employee
Standards of
Conduct

6.2.4

See RFP
Section L

A0010

Submit Daily
Emergency
Reports

7.1.1

Daily, as
required

A0011

Submit Daily
Reports of
Participant
Counts by Site

7.1.2

Daily by
5:00PM
Eastern Time

A0012

Submit Weekly
Termination
Summary Report

A0013

Submit Weekly
Court
Appearance
Summary Report

A0014

Submit Weekly
Average Daily
Cost and
Average Length
in Program
Report

A0015

A0016

7.1.3

7.1.4

7.1.5

Review/Update

Due

Weekly by
Monday
10:00AM for
the previous
week
Weekly by
Monday
10:00AM for
the previous
week
Weekly by
Monday
10:00AM for
the previous
week

Update annually within
60 days of exercising
option or at direction of
CO; enforce 365 days
per year, 7 days per
week, 24 hours per day.
Revise format and
content as required by
the COTR and approved
by the CO
Revise format and
content as required by
the COTR and approved
by the CO
Revise format and
content as required by
the COTR and approved
by the CO
Revise format and
content as required by
the COTR and approved
by the CO
Revise format and
content as required by
the COTR and approved
by the CO

Monthly by
Revise format and
the fifth
content as required by
7.1.6
business day
the COTR and approved
of the next
by the CO
month
Quarterly by
the fifth
Revise format and
Submit Quarterly
business day content as required by
7.1.7
Program Report
of the first
the COTR and approved
by the CO
month of the
next quarter
Table 2 (Continued): ISAP II Contract Deliverable Requirements
Submit Monthly
Program
Progress Report

SOW-54

Source Selection Information - See FAR 3.104

55

SECTION C - Statement of Work

Contract
Deliverable
Requirements
List (CDRL) Item
No.

Description

A0017

Submit Annual
Program Report

A0018

Submit Ad Hoc
Program Reports

A0019

SOW
Sections

7.1.8

7.1.9

Due

Review/Update

Annually by the
last business
day of the
month following
the POP end
date of the
contract year

Revise format and
content as required
by the COTR and
approved by the CO

Within 48 hours
ofCOTR
request

Use format and
content required by
theCOTR

Use format and
content required by
7.1.10
the COTR at time of
request
Table :1 (Continued): ISAP II Contract Deliverable Requirements
Submit
ORO/Contractor
Meeting Minutes

Within 5
business days
of meeting date

SOW-55

Source Selection Information - See FAR 3.104

SECTION C - Statement of Work

56

APPENDIX A: TERMS, DEFINITIONS, AND PARTIAL EXPLANATIONS
Absconder
A category of immigration violator with an outstanding administrative warrant for
removal from the United States and who has unlawfully remained in the United States.
Absconders are recorded in the immigration violator file (IVF) of the NCIC. See also
Fugitive.
Admission
The lawful entry of an alien into the United States after inspection and authorization by
an Immigration Officer. See INA § IOI(a)«13(A).

Adjudicated Adult
Any person who has been convicted and incarcerated as an adult for a criminal offense in
accordance with and in recognition of the findings of the respective criminal court that
the person is not a "child." Similarly, any person under the age of 18 who has been
emancipated in accordance with and in recognition of the findings of the civil court that
the person is not a "child."
Aggravated Felon
An alien who has been convicted ofa crime defined by INA § IOI(a)(43) as an
aggravated felony.
Aggravated Felony
A crime defined by INA § IOI(a)(43) within the definition of aggravated felony are
certain violent criminal offenses, theft offenses, sexual offenses, narcotics offenses and
others. A crime falls within the definition of "aggravated felony" regardless of the date of
conviction, whether the crime was for a violation of state of federal law, and also applies
to convictions in foreign countries when the sentence was completed within 15 years.
Alien
Any person not a citizen or national of the U.S.
Alternatives to Detention Program (ATDP)
The Alternatives to Detention Unit within the Compliance Enforcement Division (CED)
of the ICE Office of Detention and Removal Operations is the unit responsible for
developing and implementing programs that improve both the immigration court
appearance rate and the court order compliance rate of aliens released from ICE custody.
o ISAP - Intensive Supervision Appearance Program
o ESR - Enhanced Supervision/Reporting Program
Area of Responsibility (AOR)
The geographical area associated with each DRO Field Office or Sub-Office, and the
corresponding area of coverage the contractor provides at each service location.
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SECTION C - Statement of Work

.57

Asylee
An alien in the United States or at a port of entry who is found to be unable or unwilling
to return to his or her country of nationality, or to seek the protection of that country
because of persecution or a well-founded fear of persecution. Persecution or the fear
thereof must be based on the alien's race, religion, nationality, membership in a particular
social group, or political opinion. For persons with no nationality, the country of
nationality is considered to be the country in which the alien last habitually resided.
Asylees are eligible to adjust to lawful permanent resident status after one year of
continuous presence in the United States. These immigrants are limited to 10,000
adjustments per fiscal year.

Average Length of Stay (ALOS)
The average number of days a program Participant is enrolled in ISAP from intake
through termination from the program.
Board of Immigration Appeals (DIA)
The appellate body within the U.S. Department of Justice (DOJ) Executive Office for
Immigration Review (EOIR) tasked with the responsibility of reviewing decisions of
immigration judges appealed by an alien or DHS Members of the BIA are attorneys
appointed by the U.s. Attorney General.
Cancellation of Removal

For Permanent Residents - Relief from removal which may be granted by an
immigration judge (IJ) pursuant to INA § 240A(a) to certain eligible lawful permanent
residents, in effect "canceling" the removal which otherwise would occur as a result of
the alien's violation of the INA and finding by the IJ that the alien is inadmissible or
deportable.
For non-Permanent Residents - Relief from removal which may be granted by an
IJ pursuant to INA § 240A(b) to certain aliens who are not lawful permanent residents
and who have been found to be inadmissible or deportable from the U.S. Aliens
receiving this relief are made lawful permanent residents of the U.S.

Case Specialist
A contractor employee with case management and service plan (see also Individual
Service Plan) responsibility within the ISAP II Program. This employee is the Participant
point of contact and is responsible for the physical or electronic means of accounting for
that Participant. The Case Specialist creates the ISP and executes the procedures
necessary to achieve the supervision objectives in the program. These duties include
residence verification, unannounced home visits, in-person reporting at the Contractor
office and ensuring that Participants provide travel document information.
Contracting Officer (CO)
Contracting officer is a person with the authority to enter into, administer, and/or
terminate contracts and make related determinations and findings on the part of the
A-57

SECTION C - Statement of Work

58

federal government, in this case ICE. The telm includes certain authorized
representatives of the contracting officer acting within the limits of their authority as
delegated by the contracting officer. Administrative contracting officer (ACO) refers to a
contracting officer who is administering contracts. 42 C.F.R. § 2.101

Contracting Officer's Technical Representative (COTR)
The CO is assisted in his or her duties by the Contracting Officer' S Technical
Representatives (COTR), who usually does not have the authority of a Contracting
Officer. The ISAP II COTR, located at ICE Headquarters is responsible for monitoring
the day-to-day perfonnance, activities and technical aspects of the contract and is
supported on this contract by local Task Managers. Task Managers assist the COTR in
monitoring contract performance at the AOR field office or sub-office level.
Contractor
The entity that provides services described in this Statement of Work (SOW) under a
federal contract.
Conviction
With respect to an alien, a formal judgment of guilt entered by a court, or if adjudication
of guilt has been withheld, where ajudge or jury has found the alien guilty, or the alien
has entered a plea of guilty/nolo contendere or has admitted sufficient facts to warrant a
finding of guilt and the judge has ordered some form of punishnlent, penalty or restraint
on the alien ' s liberty to be imposed.
Deciding Official
A DHS employee authorized by the Immigration and Nationality Act and/or
implementing regulation to make a determination in a specific matter or on a particular
Issue.
Deportation/Removal
The formal removal of an alien from the United States when the alien has been found
removable for violating the inlmigration laws. Deportation is ordered by an in1migration
judge without any punishment being imposed or contemplated; deportation may also be
ordered by a DHS deciding official under certain statutory provisions.
Deportation Officer (DO)
An ICE employee assigned to a ORO Field- or Sub-Office who conducts legal research to
support decisions on deportation/exclusion cases and assist attorneys in representing the
Government in cou11 actions. Works with other Federal law enforcement officials to
identify, locate and/or apprehend aliens; prepare, present and defend deportation or
exclusion proceedings; and ensure the physical removal of aliens from the United States.
Works with both criminal and/or non-criminal aliens in the United Sates at various stages
A-58

SECTION C - Statement of Work

59

of their deportation/exclusion proceedings. Responsible for conducting complex
investigations; conducting surveillance work; preparing investigative reports; and
assisting in complex, difficult, or sensitive seizures.

Detention and Removal Operations (DRO)
The component within DHS ICE that promotes public safety and national security by
ensuring the departure of all removable aliens from the United States.
Department of Homeland Security (DHS)
The Executive Branch Department tasked with leading the unified national effort to
secure the U.S. and preserve its freedoms. While the Department was created to secure
the U.S. against those who seek to disrupt the American way of life, the DHS charter also
includes preparation for and response to all hazards and disasters.
Electronic Monitoring Technology (EM)
A terms used to refer to electronic devices worn by ATDP participants or installed in
participants' homes, including but not limited to individual bracelets, sensors, or
receiving/transmitting devices which can be activated to interface with a remote system
to create, monitor, catalog and exchange information and data to account for the
participant's movements and location.
Emergency
Any disruption of normal facility procedure, policy or activity caused by riot, strike,
escape, fire, natural disaster or other serious incident.
Employment
Any labor or occupation for which compensation is given or received. Employment in
the United States is authorized for aliens who are lawful permanent residents (LPRs), or
aliens who have a valid employment authorization document issued by USCIS.
Note: Participation in the ATD program does not require employment, nor authorize
employment for those without proper authorization.
Enter on duty (EOD)
For the purposes of this contract, to begin employment, after having received a DHS
suitability determination granted written authorization by the COTR to perform duties
under this contract.
Executive Office for Immigration Review (EOIR)
The component within the US Department of Justice (DOJ) whose primary mission is to
adjudicate immigration cases in a careful and timely manner, including cases involving
detained aliens, criminal aliens, and aliens seeking asylum as a form of relief from
removal, while ensuring the standards of due process and fair treatment for all parties
involved. Included within EOIR are immigration judges and immigration courts, and the
Board of Immigration Appeals.
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SECTION C - Statement of Work

60

Expedited Removal (ER)
DRS has the authority to quickly order the removal of certain inadmissible aliens from
the United States. The authority covers aliens who are inadmissible because they have no
entry documents or because they have used counterfeit, altered, or otherwise fraudulent
or improper documents. The authority covers aliens who arrive in, attempt to enter, or
have entered the United States without having been admitted or paroled by an
immigration officer at a port-of-entry. The alien is not referred to an immigration judge
except under certain circumstances after an alien makes a claim to lawful status in the
United States or demonstrates a credible fear of persecution if returned to his or her home
country.

Face-to-Face Contact
Within the physical presence of the participant; in the same room with the participant.

Facility
Offices and office space or other accommodation chosen by the contractor in which
employees work performing duties required under this contract. .

Fugitive
An ICE fugitive is defmed as an alien who has failed to depart the United States pursuant
to a fmal order of removal, deportation or exclusion; or who has failed to report to a
Detention and Removal Officer after receiving notice to do so.
Grievance
A written complaint filed by a Participant concerning personal health/welfare or the
operations and services of the Program.

Habeas Corpus
The right of a person in the U.S. to challenge the authority of the federal government to
continue to hold him or her in detention..

Health and Safety Assessment
A structured observation and/or initial health screening to identify any medical issues of
Participants.

Immigration and Customs Enforcement (ICE)
The component in DRS that is responsible for protecting the U.S. and upholding public
safety by identifying criminal activities and eliminating vulnerabilities that pose a threat
to U.S. borders. ICE also enforced economic, transportation and infrastructure security.
The 8 operational offices within ICE included Detention and Removal Operations,
International Affairs, Intelligence, Investigations, the Student & Exchange Visitors
Program, the Federal Protective Service, the National Firearms and Tactical Training
Unit and the National Incident Response Unit.
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SECTION C - Statement of Work

61

Immigration Enforcement Agent (lEA)
According to the position description, full-performance lEAs are required to spend 25 to
75 percent of their time perfonning two major duties: detention and
deportation/transport!escort. Detention duties include responsibilities such as detainee
care, processing, supervision, and transportation for prison pick-ups and medical or court
appointments. Deportation/transport! escort duties include responsibilities associated with
processing and transporting or escorting aliens under final orders of removal to their
country of citizenship. In addition to the two major duties, lEAs are required to perform
one of five other duties for at least 25 percent of their time as assigned by their
supervisor. These duties include jail check and Institutional Removal Program (JRP);
prosecution; determining alien and fugitive operations; operational support, Border Patrol
Criminal Alien Program (BORCAP), or law enforcement liaison; and Alien Criminal
Apprehension Program (ACAP), law enforcement agency support, multi-agency task
forces, quick response teams, or duty officer.

Immigrant Visa
Permission properly granted by an consular officer at his or her office outside the United
States to an immigrant eligible to enter and remain in the United States on a permanent
basis under the INA.

Immigration and Nationality Act (INA or the Act)
8 USC § 1101 et seq.
Immigration Court
The court in which an immigration judge conducts immigration hearings, also known as
proceedings, in order to determine whether an alien is removable from the U.S. or is
eligible and warrants a benefit defmed in the INA.

Immigration Judge
An attorney employee of EOIR appointed by the US Attorney General as an
administrative judge to conduct specified classes of hearings, including alien removal
proceedings

Inadmissible
The INA defmes certain categories of aliens eligible to lawfully enter or be admitted to
the United States. If an alien does not fall within one of these categories, he or she is
inadmissible to the United States.

Individual Supervision Factors (lSF)
Information that the case specialist collects regarding the participant, used to formulate
the Individual Service Plan and overall case management procedures.

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SECTION C - Statement of Work

62

Individual Service Plan (lSP)
The written plan containing detailed supervisory focus for each participant, prepared by
the case specialist taking into account individual supervision factors, the participant's
range of supervision, history, orders of supervision and program success to date. See also
ISAP II SOW 5.1.4.

Intake
Contractor processing of an alien into the ISAP program after referral by ICE.

Legal Permanent Resident (LPR)
An alien with the status of having been lawfully accorded the privilege of residing
permanently in the U.S. in accordance with the INA. This status terminates upon entry of
a final administrative order of exclusion, deportation, or removal.

National
A person who owes permanent allegiance to a country. "National of the U.S." means a
citizen of the U.S. or a person who, although not a citizen of the U.S., owes permanent
allegiance to the U.S.

National Crime Information Center (NCIC)
A Department of Justice (DOJ) database used by law enforcement agencies to determine
whether an individual has committed a civil or criminal violation. See also Absconder.

Naturalization
The conferring of nationality of the U.S. upon a person after birth by any means
whatsoever.

Non-Immigrant Visa
A visa properly issued to an alien as an eligible nonimmigrant by a competent officer as
defined in the INA, allowing an alien to apply for admission or remain in the United
States for a specified period of time and a specific purpose.

Office Manager
The on-site contractor employee in each service location that is responsible to ICE for
managem~nt and administration of the ISAP II Program.

Participant
An alien who is 18 years of age or older and who is either in removal proceedings, under
a final order of removal, or in post-order custody review (POCR) and being supervised,
or released on a post-order custody review (POCR) and being supervised in ISAP.

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63

Participant Records
Records that contain infonnation concerning the Participant's personal, criminal and
medical history combined with behavior and activities while Participants. Participant
. Records include but are not limited to: photographs, disciplinary infractions and actions
taken, Grievance Reports, documentation supporting excused absences from appearance
appointments (e.g. "doctor's notes"), and employment history.
Policy
As used within the scope of the ISAP II contract, a written, official statement and method
of action that guides and detennines present and future decisions and actions.
Random Frequency
Applies to quality assurance events initiated by the ICE CO or COTR that are unplanned
or unscheduled.
Stages of Supervision (SOS)
The various methods of supervising program participants under ISAP, including
electronic monitoring, residence verification, and unannounced home visits.
Refugee
Loosely, an alien who is outside his or her country of nationality who is unable or
unwilling to return to that country because of persecution or a well-founded fear of
persecution on account of race, religion, nationality, political affiliation, and/or
membership in a particular social group.
Release
Processing an alien out of the ISAP program as directed by ICE.
Removal Proceedings
Loosely, conducted by an Immigration Judge, hearings for deciding the inadmissibility or
deportability of an alien.
Supervision
All activities conducted by contractor personnel to ensure program participants comply
with the tenns and conditions of their enrollment in ISAP as described in each
participant's ISP. See also Individual Service Plan.

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SECTION C - Statement of Work

64

Task Managers
Designated ICE employees who assist the COTR in monitoring day-to-day activities and
technical aspects of the contract and contractor performance. Due to the complexity and
nationwide scope of the contract, task managers are appointed to assist the COTR by
performing delegated tasks within defined Areas of Responsibility.

Training
An organized, planned and evaluated activity designed to achieve specific learning
objectives. Training may occur on site, at an academy or training center, at an institution
of higher learning, through contract service, at professional meetings or through closely
supervised on-the-job training. Meetings of professional associations are considered
training when there is clear evidence of the above elements.

Termination of Proceedings
An action by an IJ ending removal proceedings with or without a final determination on
the removal charge(s). Removal proceedings can be terminated without prejudice, with
the ability to re-calendar the case before the court or terminated altogether. Termination
orders may be appealed to the BIA by either party.

Translator
A person who reproduces written work from one language into a different language.

Unauthorized Absence (UA)
If a participant is not present for any scheduled or unscheduled face-to-face office
interview, home visit, employment verification, or other official at an in-person ICE
appointment, the participant will be described as UA.

United States Citizen (USC)
See 8 U.S.C. §§ 1401 - 1453.
U.S. Circuit Court of Appeals
Established by Article III of the U.S. Constitution, there are 12 U.S. courts of appeals
assigried to hear cases arising out of 12 regional U.S. circuits. A court of appeals hears
appeals from the district courts located within its circuit, as well as appeals from
decisions of federal administrative agencies. In general, federal courts may decide cases
that involve the United States government, the United States Constitution or federal laws,
or controversies between states or between the United States and foreign governments.

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SECTION C - Statement of Work

65

u.S. Citizenship and Immigrations Services (CIS)
The component in DRS that oversees lawful immigration to the United States of
America. USCIS establishes immigration services, policies and priorities to preserve
America's legacy as a nation of immigrants while ensuring that no one is admitted who is
a threat to public safety. USCIS adjudicates the petitions and applications of potential
immigrants, including immigrant visa petitions, naturalization petitions, asylum and
refugee applications, and work authorization.
u.S. Customs and Border Protection (CBP)
The component in DRS with a priority mission of keeping terrorists and their weapons
out of the U.S. It also has a responsibility for securing and facilitating trade and travel
while enforcing hundreds of U.S. regulations, including immigration and drug laws.
u.s. District Court (U.S.D.C.)
Established pursuant to Article III of the U.S. Constitution, district courts are general trial
courts in the federal system with jurisdiction to hear certain categories of federal cases,
including both civil and criminal matters.
Voluntary Departure (VD)
Permission to depart voluntarily and at the alien's own expense, in lieu of, or prior to the
completion of removal proceedings.

A-65

66

SECTION C - Statement of Work

APPENDIX B: NATIONWIDE PROGRAM EXPANSION REQUIREMENTS

At the conclusion of the transition period (i.e. at contract start) the contractor must be
fully prepared with sufficient staff and equipment to fulfill all SOW requirements for the
full number of ISAP II participant slots at the site locations listed in Table B-1. Services
must be provided at these locations out of the contractor's own facilities.
ISAP II BASE YEAR SITE & PARTICIPANT SLOT REQUIREMENTS WITHIN 60 DAYS AFTER AWARD
SITE
Atlanta, GA
Baltimore, MD
Boston, MA
Buffalo, NY
Chariotte, NC
Chicago,lL
Dallas, TX
Delray Beach, FL
Denver, CO
Detroit, MI

I

SLOTS

400
450
400
200
200
400
800
350
500
225

SITE
EI Paso, TX
Hartford, CT
Houston, TX
Kansas City, MO
Los Angeles, CA
Miami, FL
New Orieans, LA
New York, NY
Newark, NJ
Oriando,FL

I

SLOTS

200
125
300
250
3,400
1,700
175
1,500
300
400

3,925

SITE
Philadelphia, PA
Phoenix, AZ
Portland, OR
Saint Paul, MN
Salt Lake City, UT
San Antonio, TX
San Diego, CA
San Francisco, CA
Seattle,WA
Washington, DC

I

SLOTS

8,350

700
100
175
700
125
175
275
850
350
1,025

4,475

16,750

TOTAl SLOTS:

Table B-1: BASE YR SITE & SLOT REQUIREMENTS AT CONTRACT
STARTIEND OF TWO MONTH TRANSITION PERIOD

Upon notification by the contracting officer, the contractor must be fully prepared with
sufficient staff and equipment to fulfill all SOW requirements for the full number of
ISAP II participant slots at the site locations listed in Table B-2 (Table B-2a shows the
DRO's participant slot requirements estimate by location for the last year of the contract).
For locations listed under "Contractor Site" services must be provided at these locations
out of the contractor's own facilities. For locations listed under "Government Site"
services must be provided by the contractor on-site at the respective DRO field office or
sub-office.

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SECTION C - Statement of Work

67

ISAP II ESTIMATED TOTAL SITES & PARTICIPANT SLOTS
CONTRACTOR SITE
GOVERNMENT SITE
SITE
SLOTS
SITE
SLOTS
SITE
I
I
J
Atlanta, GA
400 Aguadllla,PR
50
Lompoc, CA
Austin, TX
100 Alamance County Jail
50
Lords Valley, PA
Bakersfield & California I
100 Alamosa, CO
50
Lubbock, TX
Baltimore, MD
450 Albany, NY
50
Manchester, NH
Boston, MA
400 Allentown, PA
50
Medford, OR
Buffalo, NY
200 Allenwood, PA
50
Midland Odessa, TX
Charleston, SC
100 Amarillo, TX
50
Milwaukee, WI
Charlotte, NC
200 Anchorage, AK
50
Moblle,AL
Chlcago,lL
400 Batavia, NY
50
Nashville, TN
Cleveland, OH
50
100 Baton Rouge, LA
Nassau Co. Jail, NY
Columbus, OH
100 Beaumont, TX
50
Norfolk, VA
800 Big Springs, TX
50
Dallas, TX
North Platte, NE
Delray Beach, FL
350 Boise, 10
50
Oakdale, LA
Denver, CO
500 Bowling Green, KY
50
Ogden,UT
Detroit, MI
225 Brush, CO
50
Omaha,NE
EI Paso, TX
200 Cary,NC
50
Pecos, TX
Hartford, CT
125 Casper, WY
50
Portland, ME
Houston, TX
300 CasUe Point, NY
50
Providence, RI
Kansas City, MO
50
250 Cedar Rapids, IA
Provo, UT
Las Vegas, NV
100 Champlain, NY
50
Pueblo, CO
Los Angeles, CA
3,400 Charleston, WV
50
Rapid City, SO
Louisville, KY
100 Chattanooga, TN
50
Richland, WA
Marlton, NJ
100 Cheyenne, WY
50
Richmond, VA
Memphis, TN
50
Roanoke, VA
100 Cincinnati, OH
Miami, FL
1,700 Craig, CO
50
Rock Island, IL
175 Dalles, OR
New Orleans, LA
50
Sacramento, CA
50
New York, NY
1,500 Des Moines, IA
Salisbury, MD
Newark, NJ
300 Dover, DE
50
San Bernardino, CA
50
San Jose, CA
Oklahoma City, OK
100 Durango, CO
50
SanJuan, PR
Orlando, FL
400 Eden, TX
50
Philadelphia, PA
700 EI Centro, CA
San Pedro, CA
50
Santa Ana, CA
Phoenix, f42.
100 Etowah, AL
Pittsburgh, PA
100 Eugene, OR
Sault Sm Marie, MI
50
Portland, OR
175 Fayetteville, AR
50
Savannah,GA
Raleigh, NC
100 Fort Smith, AR
50
Shreveport, LA
50
Sioux City, IA
Reno, NV
100 Fresno, CA
700 Ft. Myers, FL
50
Sioux Falls, SO
Saint Paul, MN
50
Spokane, WA
Salt Lake City, UT
125 Glenwood, CO
175 Grand Forks, NO
50
Springfield, MO
San Antonio, TX
San Diego, CA
275 Grand Island, NE
50
St. Albans, VT
50
St. Croix, USVI
San Francisco, CA
850 Grand Junction, CO
50
St. George, UT
SeatUe, WA
350 Grand Rapids, MI
St. Louis, MO
Tampa, FL
100 Greer, SC
50
50
St. Thomas, USVI
Texarkana, AR
100 Gulfport, MS
Stuart, FL
1,025 Hagatna, Guam
50
Washington, DC
Harlingen, TX
50
Stewart, GA
Harrisonburg, VA
50
Stockton, CA
Helena, MT
50
Syracuse, NY
Honolulu, HI
50
Tallahassee, FL
Huntsville, TX
50
Tulsa, OK
Idaho Falls, 10
50
Tuscan, f42.
Imperial, CA
50
Twin Falls, 10
Indianapolis, IN
50
Ventura, CA
Jackson, MS
50
Wenatchee, WA
50
Wichita, KS
Jacksonville,FL
50
Winston-Salem, NC
Jena, LA
Knoxville, TN
Yakima, WA
50
Lake Charles, LA
50
York, PA
Lancaster, CA
50
Yuma, f42.
Little Rock,AR
50

TOTAL K-SITES
TOTAL OY 1 SLOTS

18,250

TOTAL G-SITES

SLOTS
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50
50

5,950
24 1200

Table B-2: ISAP II ESTIMATED TOTAL SITES & PARTICIPANT SLOTS

B-67

SECTION C - Statement of Work

68

ESTIMATED ISAP II SITE & PARTICIPANT SLOT REQUIREMENTS AT OY4 START
GOVERNMENT SITE
CONTRACTOR SITE
I
SLOTS
SITE
I
SLOTS
SITE
I
SITE
450 Aguadilla, PR
56 Lompoc, CA
Atlanta, GA
113 Alamance County Jail, NC
56 Lords Valley, PA
~ustin, TX
Bakersfield & Califomia City, CA
113 Alamosa, CO
56 Lubbock, TX
506 Albany, NY
Baltimore, MD
56 Manchester, NH
450 Allentown, PA
56 Medford, OR
Boston, MA
Buffalo, NY
225 Allenwood, PA
56 Midland Odessa, TX
Charleston, SC
113 Amarillo, TX
56 Milwaukee, WI
225 Anchorage, AK
56 Mobile, AL
Charlotte, NC
450 Batavia, NY
Chicago,lL
56 Nashville, TN
Cleveland, OH
113 Baton Rouge, LA
56 Nassau Co. Jail, NY
Columbus, OH
113 Beaumont, TX
56 Norfolk, VA
56 North Platte, NE
Dallas, TX
900 Big Springs, TX
Delray Beach, FL
394 Boise, 10
56 Oakdale, LA
Denver, CO
563 Bowling Green, KY
56 Ogden, UT
Detroit, MI
253 Brush, CO
56 Omaha, NE
EIPaso, TX
225 Cary,NC
56 Pecos, TX
Hartford, CT
141 Casper, WY
56 Portland, ME
Houston, TX
338 Castle Point, NY
56 Providence, RI
Kansas City, MO
281 Cedar Rapids, IA
56 Provo, UT
Las Vegas, NV
113 Champlain, NY
56 Pueblo, CO
3,827 Charleston, WJ
56 Rapid qity, SO
Los Angeles, CA
Louisville, KY
113 Chattanooga, TN
56 Richland, WA
Marlton, NJ
113 Cheyenne, WY
56 Richmond, VA
Memphis, TN
113 Cincinnati, OH
56 Roanoke, VA
1,913 Craig, CO
Miami, FL
56 Rock Island, IL
New Orleans, LA
197 Dalles, OR
56 Sacramento, CA
1,688 Des Moines, IA
New York, NY
56 Salisbury, MD
Newark, NJ
338 Dover, DE
56 San Bernardino, CA
Oklahoma City, OK
113 Durango, CO
56 San Jose, CA
450 Eden, TX
Oriando,FL
56 San Juan, PR
Philadelphia, PA
788 EI Centro, CA
56 San Pedro, CA
Phoenix, AZ.
113 Etowah, AL
56 Santa Ana, CA
Pittsburgh, PA
113 Eugene, OR
56 Sault Ste Marie, MI
Portland, OR
197 Fayetteville, AR
56 Savannah,GA
Raleigh, NC
113 Fort Smith, AR
56 Shreveport, LA
Reno, NV
113 Fresno, CA
56 Sioux City, IA
788 Ft. Myers, FL
Saint PaUl, MN
56 Sioux Falls, SO
Salt Lake City, UT
141 Glenwood, CO
56 Spokane, WA
San Antonio, TX
197 Grand Forks, NO
56 Springfield, MO
San Diego, CA
310 Grand Island, NE
56 St. Albans, VT
San Francisco, CA
957 Grand Junction, CO
56 St. Croix, USVI
Seattle,WA
394 Grand Rapids, MI
56 St. George, UT
!Tampa, FL
113 Greer, SC
56 St. Louis, MO
Texarkana, AR
113 Gulfport, MS
56 Sl Thomas, USVI
Washington, DC
1,154 Hagatna, Guam
56 Stuart, FL
Harlingen, TX
56 Stewart, GA
Harrisonburg, VA
56 Stockton, CA
Helena, MT
56 Syracuse, NY
Honolulu, HI
56 Tallahassee, FL
Huntsville, TX
56 Tulsa, OK
Idaho Falls, 10
56 Tuscon, AZ.
Imperial,CA
56 Twin Falls, 10
Indianapolis, IN
56 Ventura, CA
Jackson, MS
56 Wenatchee, WA
Jacksonville, FL
56 Wichita, KS
Jena, LA
56 Winston-Salem, NC
Knoxville, TN
56 Yakima,WA
Lake Charles, LA
56 York, PA
Lancaster, CA
56 Yuma, AZ.
Little Rock, AR
56
TOTAL

K~JTES

20541

6.697_

TOTAL G-SITES

TOTAL

SLOTS

2Z 23Z

Table B-2A: ESTIMATED ISAP II SITE & PARTICIPANT SLOT
REQUIREMENTS AT OY4 START
B-68

56
56
56
56
56
56
56
56
56
56
56
56

56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56

56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56
56

69

SECTION C - Statement of Work

Table B-3 is the current non-binding estimate of how the ISAP II program participants
will be allocated to each CLIN at each site at any given point in time. The total
participant population (FY08) under EM represented approximately 30% of the overall
participant population (i. e. 100% of EM Services CLINs = 30% of all ISAP II CLINs).
DESCRIPTION
ESTIMATED ALLOCATION
Pre-Order SupeNision
65%
Post-Order SupeNision
10%
Appeal Period
10%
SupeNision
POCR-Reasonably
10%
Foreseeable Removal
POCR-Non5%
Foreseeable Removal
100%

SUPERVISORY SERVICES CUN
XOO2A
XOO2B
XOO2C
XOO2D
XOO2E
TOTAL

- -

--~--

•

~~

EM SERVICES CUN
XOO3A
XOO3B
XOO3C
XOO3D
XOO3E
TOTAL

---

- - '-

- ----DESCRIPTION
ESTIMATED ALLOCATION
ONLY-TR
40%
ONLY-RF
20%
ONLY-GPS/A
2%
ONLY- GPS/P
3%
ONLY-RF CELL
34%
100%

~~--

EM
EM
EM
EM
EM

Table B-3: ESTIMATED REQUIREMENTS ALLOCATION

B-69

SECTION C - Statement of Work

70

APPENDIX C: DETAILED ELECTRONIC MONITORING TECHNOLOGY
(EM) SPECIFICATIONS

1. Monitoring Equipment and Service Requirements
1.1 The Contractor shall own, warehouse, install monitor and reclaim all of the Electronic
Monitoring Technology (EM) equipment as stated in this requirements document.
Upon completion of the task order, the Department of Homeland Security (DHS)
shall make participants available for the Contractor to recover all monitoring and
transmitting equipment. The Contractor shall be solely responsible for all
coordination and any and all failures and deficiencies resulting from equipment or
services provided to DHS under this task order. The Contractor shall provide
replacement equipment for all monitoring/transmitting units that DHS determines to
be defective.
1.2 The Contractor shall provide an Electronic Monitoring Technology/Systems (EM)
that has no more than 3% downtime (or better). The Contractor shall provide EM
equipment that has a verifiable test functions in the participant's residence, from a
monitoring center/system or a remote site.
1.3 The Contractor shall use FCC certified equipment that transmits or receives
communications signals. Systems or equipment without FCC certification shall be
deemed technically unacceptable and the fault of the Contractor to provide services
under this contract. The Contractor shall provide a copy of the FCC certification for
each component of the Electronic Monitoring Technology (EM) system for approval
by the ICE Contracting OfficerlHeadquarters COTR.
1.4 Monitoring Equipment: Transmitter
The Contractor shall provide FCC certified tamper resistant transmitters that are
capable of being affixed to either a Participant's ankle or wrist. This device shall be
evaluated on the detailed specifications as further defined.

1.4.1

Transmitter Technology
The contractor shall provide Radio Frequency and/or GPS technology, as directed
by the local ORO Task Manager for Participants. Transmitters shall communicate
to the monitoring center either through a monitoring unit or directly via cellular
transmission.

C-70

71

SECTION C - Statement of Work

1.4.2 GPS Systems Specifications
The Contractor shall provide a system that meets or exceeds the GPS
specifications as defined. The Contractor shall provide a Transmitter Satellite
Tracking Unit that sends and/or receives signals from GPS satellites for use with
GPS transmitters as specified in this Appendix. The Contractor shall provide GPS
transmitters that have either Active or Passive tracking modes.

a. GPS Transmitter Tracking Specifications
• Active mode is defined as the ability to track the Participant's
whereabouts in virtually real time via satellite uplink through a
monitoring system.
• Passive mode is defmed as the ability to track the Participant's
whereabouts via satellite downlink through transmission either through
a monitoring unit or directly via cellular transmission to the 24/7
monitoring center
b. GPS Transmitter Active Tracking Specifications. The Contractor shall
provide GPS transmitters that are able to monitor the Participant's
whereabouts inside Exclusion and/or Inclusion zones.
• Exclusion Zone is defined as a geographical area programmed as
satellite coordinates into the tracking system that the Participant shall
not enter.
• Inclusion Zone is defined as a geographical area programmed as
satellite coordinates into the tracking system that the Participant is
pennitted to enter or shall remain within.
c. Signal Range. The transmitter's signal range shall be no greater than 200
feet under normal household conditions with a typical maximum reception
range of 0-150 feet depending on the monitoring configuration. The
transmitter shall emit a composite radio frequency signal at least once
every 30 seconds. The signal content shall identify the Participant, power
status, tamper/removal status and be encrypted to discourage duplication.
d. Physical Characteristics. The transmitter shall be adjustable to fit the wrist
or ankle of any size Participant. The transmitter shall be capable of being
affixed to the ISAP Participant so that efforts to tamper with or remove the
transmitter are obvious upon inspection. It shall be shock resistant, water
and moisture proof, and function reliably under normal atmospheric and
environmental conditions. The device should be comfortable and durable

C-71

SECTION C - Statement of Work

72

e. enough to withstand the strains of everyday wear which may consist of
working, recreational activities, resting or sleeping. The transmitter shall
not pose a safety hazard or unduly restrict the activities of the Participant.
The contractor shall provide Satellite Tracking Units that meet or exceed
these same characteristics if the tracking unit is external to the GPS
transmitter.
f.

The transmitter shall be tamper resistant and have features that reliably
detect efforts to tamper with or remove the device.

g. The transmitter shall not require an external battery. The transmitter shall
have an internal power source capable of functioning continuously for at
least six (6) months. It shall transmit a signal to indicate when its internal
power supply is low. The Contractor shall provide replaceable power
sources for use in the transmitter when the contractor becomes aware that
such replacements are necessary. The Contractor shall install replacement
power sources within 24 hours.
1.5 Monitoring Equipment: Monitoring Unit
The Contractor shall provide a monitoring unit that receives radio frequency signals from
an ISAP Participant-worn transmitter, and transmits data on the Participant' s monitoring
status by telephone or cellular to a central monitoring system/facility operated by the
Contractor.

1.5.1

Monitoring Unit Requirements
The monitoring unit shall include an internal clock to time/date stamp all detected
monitoring events. The unit shall have a backup operation feature, backup power
source and sufficient memory to store data if communication with the monitoring
center is disrupted or AC power fails. If communications with the monitoring
center are disrupted, the monitoring unit shall transmit stored data to the
monitoring center as soon as communications are restored. The monitoring unit
shall not pose a safety hazard to the participant or others and shall function
reliably under normal environmental and atmospheric conditions. It shall include
surge protection for electrical and communications interfaces.
a. Monitoring Unit Installation. Prior to the end of the face-to-face intake
interview with the Participant (refer to ISAP II SOW 5.1.3), the Contractor
shall install the monitoring device on the Participant. Participants shall not
be permitted to exit the interview until all enrollment procedures have
been completed and the Participant has been fitted with the prescribed EM
device. The Contractor shall conduct an operational equipment test on the
device to ensure it is in good working condition prior to dismissing the

C-72

73

SECTION C - Statement of Work

b. Participant from the interview. Equipment that requires component
installation in the Participant's residence must be installed and operational
within eighteen (18) hours of intake. Exceptions for extraordinary
circumstances must be coordinated for approval with the local DRO Task
Manager or COTR.
c. Tamper Resistance and Notification Features. The monitoring unit shall be
equipped with a location feature and a tamper notification system that
alerts the monitoring center of any attempts to enter the unit or alter the
routine operation of the unit.
d. Portable Monitoring Unit. The Contractor shall use a portable monitoring
unit (Drive-by Unit) to verify the Participant's presence at various
locations by identifying the signal from the Participant's transmitter. This
portable unit shall be evaluated on the size of the transmitter signal
detection range; ability to detect multiple transmitters; internal memory
capacitY; utility of collected data such as date/time of event, tamper
detection and low transmitter power; portability of data and ability to
upload data to a PC. The Contractor shall provide an identical portable
monitoring unit to the local DRO Task Manager for DRO Officer/Agent
use in detecting Participants' presence at various locations as needed.
e. Monitoring Unit Documentation. The Contractor shall provide written
documentation with instructions that enable a DRO Officer/Agent to use
the portable monitoring and be familiar with the operation of transmitters
and monitoring units. The Contractor shall provide Participants with
brochures explaining the operability EM equipment.
1.6 Tools
The Contractor shall provide all necessary tools to install, adjust, and remove the
monitoring unit and transmitter in the event that unforeseen events require DRO to
perform these tasks. At a minimum, one tool set shall be provided to each DRO Field- or
Sub-Office being serviced under the ISAP II contract.
1.7 Spares and Maintenance
The Contractor shall maintain a sufficient inventory of Electronic Monitoring
Technology as follows: to complete installations within 18 hours of intake; broken parts
and replacement parts within 24 hours and supporting special operations. The Contractor

C-73

74

SECTION C - Statement of Work

shall maintain the inventory in good operating condition and arrange for prompt repair
and replacement to meet the demands of the Program.
1.8 Equipment and Service UpgradeslImprovements
Throughout the life of the task order, the Contractor shall provide EM equipment that is
in good working order and capable of fulfilling mission requirements. At contract start
the Contractor must establish its EM equipment inventory with the most up-to-date
versions (as determined by the COTR prior to award) and refresh inventory every 24
months. All equipment provided under this contract shall have completed fmal testing,
FCC certification and be commercially available. All EM equipment and service
upgrades or changes shall be submitted in writing, via the COTR, to the Contracting
Officer for approval.
2. Central Monitoring Facility
The Contractor shall, at a centrally located monitoring system/facility, receive, store and
disseminate information generated by the monitoring equipment and systems described in
this document. The Contractor may choose the location of its monitoring system/facility.
However, the Contractor's monitoring system/facility shall be located at a secure location
where access to the center and all records is restricted only to authorized individuals. The
Contractor shall establish an information exchange system within the monitoring center
that send/receives information to/from the EM equipment.
2.1 Backup Monitoring SystemIFacility
The Contractor shall maintain a contingency plan for movement to a backup monitoring
system immediately following a monitoring system malfunction. The DRO Headquarters
COTR shall approve any change in the location of the monitoring center or any backup
center in advance and in writing.

2.2 Security and Safeguards of Monitoring System Information
The Contractor shall maintain a physical facility compliant with all applicable Federal,
State and local regulations (e.g., building codes, fire and safety codes) and shall not
endanger the health and safety of employees and the community. The Contractor shall
specify the security safeguards to prevent unauthorized access to monitoring data inside
the monitoring facility by monitoring employees or other staff. The Contractor shall
include a listing of the employees authorized to make changes or modify Participant data
or other agency program settings should the Case Specialist request this. The Contractor
shall also detail how it determines, maintains, and communicates this authorization to its
employees. The Contractor shall provide security codes to the DRO offices to guarantee

C-74

SECTION C - Statement of Work

75

the security of data modifications made remotely or over communication systemsllines
with the monitoring system or manually on the telephone with a monitoring center
employee. The Contractor is prohibited from accessing system user IDs of DRO
employees except when specifically required to resolve help-desk issues.
2.3 Continuous Operation of Monitoring System
The Contractor staff shall be at the monitoring site and shall operate the monitoring
system continuously 24 hours a day, 7 days a week. The monitoring center shall
promptly detect and notify Case Specialists and/or DRO Officers of key event(s). In the
even that remote access is temporarily inoperable, Contractor staff shall implement a
contingency to manually provide data entry upon requests by Case Specialists and/or
DRO Officers of all Participant enrollments, schedule changes and other monitoring
information requests and reports and otherwise respond to all inquiries from the staff
referenced above. See also ISAP II SOW 8.2.
2.4 Monitoring System Architecture
The Contractor shall provide information on monitoring system architecture to include
the hardware, software and power source(s). This shall include a description of
contingency plans for ensuring continuous uninterrupted monitoring upon the occurrence
of a monitoring component or system failure. See also ISAP II SOW Error! Reference

source not found •.
3. Key events for Electronic Monitoring Systems
To ensure compliance with electronic monitoring restrictions, the Contractor shall test for
the location of Participants at specific locations randomly. The Contractor shall notify
the Case Specialist and/or DRO Officers of any or all of the following applicable key
events:
a Unauthorized absence from Participant residence
b. GPS zone violations
o Failure to return to Participant residence from a
scheduled absence
o Late arrivals or early departures from Participant
residence
d. Equipment (including, but not limited to Transmitter,
Monitoring unit) malfunctions.
e. Tampering with equipment.
f. Loss of electrical power or telephone service.
g. Location verification failure.
h. Missed calls from the Monitoring Unit.

C-7S

SECTION C - Statement of Work

76

Upon the occurrence of any Key Event the monitoring system shall notify the Case
Specialist and DRO case officer using the Notification Schedule The Contractor
shall comply with the notification schedule for all Detention and Removal offices.
Notification parameters in the monitoring system shall not exceed five (5) minutes.
The Contractor's system shall be capable of providing for two or more simultaneous
or time-delayed backup notifications by pager or telephone.
The Contractor must telephonically contact the Participant immediately upon system
notification of a band or device tamper alert. In the event of such an alert the
Contractor must arrange a residence visit or an office visit, as appropriate, to occur no
later than the next business day to examine the equipment to ensure that it has not
been tampered with. If the Contractor is able to make contact with the participant,
then written notification of the band/strap/device tamper can be made within 48 hours
if there are no further issues. If the contractor is not able to contact the participant
telephonically, then the local DRO Task Manager must be contacted within one hour
of the initial alert. See also ISAP II SOW Error! Reference source not found •.
4. Remote Access to Monitoring System
The contractor shall provide officers a remote access capability via the Internet for
accessing the monitoring system to view, print, download, and enter/modify
participant monitoring information. The contractor shall provide one or more
additional definable fields to allow for local customization of the system to
accommodate a Field Office's desire to input and maintain other information as
needed. The system shall have the ability to query the database using any data field,
to sort by any data field, and to search by any data field. Downloadable data shall be
in a format that is compatible for use with Microsoft Access.
The remotely accessible system shall minimize user interaction whenever possible.
Utilization of a scheduled batch facility for automatic off-hours production of reports
is one example of minimized user interaction. The system shall also keep a behindthe-scenes historical transaction record of up to ten updates. The transaction log shall
record the login ID and date of update for a minimum of 90 days.
The remotely accessible system shall provide a separate DROIHQ
management/supervisor interface.
The remotely accessible system shall have an adequate security infrastructure to
prevent unauthorized users from gaining access to participant data. The system shall
use the most current monitoring systems at multiple levels (e.g., fIrewall, database).
The security system shall provide information on attempted intrusions and other
relevant or useful information that can be reported for further investigation and
referral for criminal action.

77

SECTION C - Statement of Work

C-76
4.1 Remotely Accessible Database
The Contractor's remotely accessible database shall be compatible for use with
Microsoft Access and shall provide a minimum number of database fields (specified
below). DHS reserves the right to reasonably increase the number of fields at no
additional cost. The following minimum specification for database fields, functions,
and reports are as follows:
a. Database Fields:
• Participant ID
• Last Name
• First Name
• Alien Registration Number
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Alias
Participant type (e.g., pre-order, POCR)
Date of Birth
Sex
Office location
Country of birth
Languagespoken
Address
City, State
Zip code
Phone #
Phone#2
Time Zone
Daylight savings
Customizable Fields
Transmitter ID
a. Transmitter status
b. Monitoring Unit ID
c. Monitoring Unit configuration
d. Monitoring Unit status
e. Case officer name
f. ISAP Participant schedule
1. Schedule overview
11. Leave (out of range) date/time
iii. Enter (in range) date/time

SECTION C - Statement of Work

78
C-77

b. Event History of ISAP Participant transactions
• Date
• Event time
• Receive time
• Alann events
• Equipment type
• Event group
• Equipment status
c. Equipment Inventory
• Transmitter ID's
• Monitoring Unit ID's

4.2 COTR and DRO Task Manager Remote Access
The contractor shall provide the DRO Headquarters COTR and the local DRO Task
Manager with remote access to the Monitoring System. The following items shall be
monthly extractions available for remote viewing and downloading by the COTR:
•
•
•
•
•
•
•

Installations/terminations by Field Office and immigration status of the
ISAP Participant at the point of termination.
Actively monitored Participants at the end of each month.
Participant schedule changes and alerts by Field Office and case type.
Transmitters returned for repair and the repairs made.
Time taken by monitoring center staff to answer Case Specialists' calls.
Alerts of specific Key Events.
Calls to Case Specialists.

4.3 Telephone Access to the Monitoring Facility
The Contractor shall provide a toll-free telephone number for Case Specialists to call
the Monitoring Center for technical support or assistance in entering, changing, or
obtaining monitoring data. The maximum holding time for calls to the monitoring
center for any purpose shall not exceed one minute.
4.4 Database FunctionslReports
•

New Participant Enrollments - Case Specialists shall complete a new
Participant enrollment including relevant personal information for each
participant, including name, address, alien registration number, telephone

C-78

SECTION C - Statement of Work

79

•

number(s), equipment serial numbers, case officer name, schedule curfew
information and other pertinent information necessary to activate monitoring.
The system must allow for, and differentiate between Temporary and
Permanent schedules.

•

Data/Schedule Changes - Case Specialists shall be able to have direct access
to make participant data and/or changes without the need for faxing or
monitoring operator input.

•

Caseload Review - A listing of all Participant names, associated
transmitter/receiver serial numbers, the current real-time status of the
Participant referencing the single most recent event that was reported for each
Participant. Additional detail shall be available real-time events as they occur
for each participant.

•

Case Specialist Caseload Report - A report that provides the current
participant list of a Case Specialist's assigned cases.

•

EventlReport Analysis - Case Specialists shall be able to review real-time
monitoring events as they occur, generate historical and analysis of events onscreen and download reports as needed.

•

Terminate ISAP Participants - Case Specialists shall be able to terminate
monitoring on any Participant on their caseload, once directed by the local
DRO Task Manager.

•

Daily Summary Report - A chronological list of all Participants' activities
including date and time of occurrence based on the report dates requested.
The report shall include Participant name, complete activity schedule,
monitoring center comments, reference to any Key Events, and equipment
configuration.

•

Equipment Utilization Report - A report that shows by equipment ID.

5. Multi-lingual telephonic voice verification reporting system shall be provided.
System must operate 24/7 and be tied directly in the contractor-owned monitoring
center.
•

System must operate 24/7 and be tied directly in the contractor-owned
monitoring center.

C-79

SECTION C - Statement of Work

80

•

Desired languages at a minimum are English, Spanish, Chinese (Mandarin,
Cantonese, Fuzhou), Creole (Haiti), Vietnamese, Cambodian, Lao (Laos),
Russian, Arabic, Hindi (India), Urdu (pakistan), Portuguese, CanjoballQuiche
(Guatemala), Somali, HindilBengali (India).

•

The Contractor shall implement policies and procedures prohibiting ISAP
Participants from using cellular/tracfones to access the telephonic reporting
system.

C-80

SECTION C - Statement of Work

81

APPENDIX D: REQUIRED SECURITY CLAUSE
SENSITIVE /UNCLASSIFED CONTRACTS
SECURITY REQUIREMENTS
a.
GENERAL
The Department of Homeland Security (DHS) has determined that performance of the
tasks as described in Contract HSCECR-09-D-00002 requires that the Contractor,
subcontractor{s), vendor{s), etc. (herein known as Contractor) have access to sensitive
DRS information, and that the Contractor will adhere to the following.
b. SUITABILITY DETERMINATION.
DHS shall have and exercise full control over granting, denying, withholding or
terminating unescorted government facility and/or sensitive Government information
access for Contractor employees, based upon the results of a background investigation.
DHS may, as it deems appropriate, authorize and make a favorable entry on duty (BOD)
decision based on preliminary security checks. The favorable EOD decision would allow
the employees to commence work temporarily prior to the completion of the full
investigation. The granting of a favorable EOD decision shall not be considered as
assurance that a full employment suitability authorization will follow as a result thereof.
The granting of a favorable EOD decision or a full employment suitability determination
shall in no way prevent, preclude, or bar the withdrawal or termination of any such access
by DRS, at any time during the tenn of the contract. No employee of the Contractor shall
be allowed to EOD and/or access sensitive infonnation or systems without a favorable
EOD decision or suitability detennination by the Office of Professional Responsibility,
Personnel Security Unit (OPR-PSU). No employee of the Contractor shall be allowed
unescorted access to a Government facility without a favorable EOD decision or
suitability detennination by the OPR-PSU. Contract employees assigned to the contract
not needing access to-sensitive DRS infonnation or recurring access to DHS ' facilities
will not be subject to security suitability screening.
c.
BACKGROUND INVESTIGATIONS
Contract employees (to include applicants, temporaries, part-time and replacement
employees) under the contract, needing access to sensitive information, shall undergo a
position sensitivity analysis based on the duties each individual will perfonn on the
contract. The results of the position sensitivity analysis shall identify the appropriate
background investigation to be conducted. Background investigations will be processed
through the Personnel Security Unit. Prospective Contractor employees with adequate
security clearances issued by the Defense Industrial Security Clearance Office (DISCO)
may not be required to submit complete security packages, as the clearance issued by
DISCO may be accepted. Prospective Contractor employees without adequate security
clearances issued by DISCO shall submit the following completed fonns to the Personnel
Security Unit through the COTR, no less than 5 days before the starting date of the
D-81

SECTION C - Statement of Work

82

contract or 5 days prior to the expected entry on duty of any employees, whether a
replacement, addition, subcontractor employee, or vendor:

1.

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

2.

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

3.

Foreign National Relatives or Associates Statement

4.

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

5.

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

6.

Authorization for Release of Medical Information

Required forms will be provided by DRS at the time of award of the contract. Only
complete packages will be accepted by the OPR-PSU. Specific instructions on
submission 'of packages will be provided upon award of the contract.
Be advised that unless an applicant requiring access to sensitive information has resided
in the US for three of the past five years, the Government may not be able to complete a
satisfactory background investigation. In such cases, DRS retains the right to deem an
applicant as ineligible due to insufficient background information.
The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not
permitted in the performance of this contract for any position that involves access to DRS
IT systems and the information contained therein, to include, the development and / or
maintenance of DRS IT systems; or access to information contained in and / or derived
from any DRS IT system.

d. CONTINUED ELIGIBILITY
If a prospective employee is found to be ineligible for access to Government facilities or
information, the COTR will advise the Contractor that the employee shall not continue to
work or to be assigned to work under the contract.

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SECTION C - Statement of Work

83

The OPR-PSU may require drug screening for probable cause at any time and/ or when
the contractor independently identifies, circumstances where probable cause exists
The OPR-PSU may require reinvestigations when derogatory information is received
and/or every 5 years.
DRS reserves the right and prerogative to deny and/ or restrict the facility and
information access of any Contractor employee whom DRS determines to present a risk
of compromising sensitive Government information to which he or she would have
access under this contract.
The Contractor will report any adverse information coming to their attention concerning
contract employees under the contract to the OPR-PSU through the COTR. Reports
based on rumor or innuendo should not be made. The subsequent termination of
employment of an employee does not obviate the requirement to submit this report. The
report shall include the employees' name and social security number, along with the
adverse information being reported.
The OPR-PSU must be notified of all terminations/ resignations within five days of
occurrence. The Contractor will return any expired DRS issued identification cards and
building passes, or those of terminated employees to the COTR. If an identification card
or building pass is not available to be returned, a report must be submitted to the COTR,
referencing the pass or card number, name of individual to whom issued, the last known
location and disposition of the pass or card. The COTR will return the identification
cards and building passes to the responsible ID Unit.

e.
EMPLOYMENT ELIGIBILITY
The contractor shall agree that each employee working on this contract will successfully
pass the DRS Employment Eligibility Verification (E-Verify) program operated by
USCIS to establish work authorization.
The E-Verify system, formerly known as the Basic PilotlEmployment Eligibility
verification Program, is an Internet-based system operated by DRS USCIS, in partnership
with the Social Security Administration (SSA) that allows participating employers to
electronically verify the employment eligibility of their newly hired employees. E-Verify
represents the best means currently available for employers to verify the work
authorization of their employees.
The Contractor must agree that each employee working on this contract will have a
Social Security Card issued and approved by the Social Security Administration. The
Contractor shall be responsible to the Government for acts and omissions of his own
employees and for any Subcontractor(s) and their employees.

D-83

SECTION C - Statement of Work

84

Subject to existing law, regulations and! or other provisions of this contract, illegal or
undocumented aliens will not be employed by the Contractor, or with this contract. The
Contractor will ensure that this provision is expressly incorporated into any and all
Subcontracts or subordinate agreements issued in support of this contract.

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

g. INFORMATION TECHNOLOGY SECURITY CLEARANCE
When sensitive government information is processed on Department telecommunications
and automated information systems, the Contractor agrees to provide for the
administrative control of sensitive data being processed and to adhere to the procedures
governing such data as outlined in DHS IT Security Program Publication DHS MD
4300.Pub. or its replacement. Contractor personnel must have favorably adjudicated
background investigations commensurate with the defined sensitivity level.
Contractors who fail to comply with Department security policy are subject to having
their access to Department IT systems and facilities terminated, whether or not the failure
results in criminal prosecution. Any person who improperly discloses sensitive
information is subject to criminal and civil penalties and sanctions under a variety of laws
(e.g., Privacy Act).
INFORMATION TECHNOLOGY SECURITY TRAINING AND
OVERSIGHT
All contractor employees using Department automated systems or processing Department
h.

D-84

SECTION C - Statement of Work

85

sensitive data will be required to receive Security Awareness Training. This training will
be provided by the appropriate component agency of DHS.
Contractors who are involved with management, use, or operation of any IT systems that
handle sensitive information within or under the supervision of the Department, shall
receive periodic training at least annually in security awareness and accepted security
practices and systems rules of behavior. Department contractors, with significant
security responsibilities, shall receive specialized training specific to their security
responsibilities annually. The level of training shall be commensurate with the
individual's duties and responsibilities and is intended to promote a consistent
understanding of the principles and concepts of telecommunications and IT systems
security.
All personnel who access Department information systems will be continually evaluated
while performing these duties. Supervisors should be aware of any unusual or
inappropriate behavior by personnel accessing systems. Any unauthorized access,
sharing of passwords, or other questionable security procedures should be reported to the
local Security Office or Information System Security Officer (ISSO).
Subject to existing law, regulations and! or other provisions of this contract, illegal or
undocumented aliens will not be employed by the Contractor, or with this contract. The
Contractor will ensure that this provision is expressly incorporated into any and all
Subcontracts or subordinate agreements issued in support of this contract.

D-85

86

SECTION E - INSPECTION AND ACCEPTANCE
CLAUSES IN FUll TEXT:
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 of these 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 ......
(1) 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)

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87
SECTION G: CONTRACT ADMINISTRATION DATA
Contractors, please use these procedures when you submit an invoice for all acquisitions emanating from
ICE/OAQ. This procedure takes effect 03/20/2008 and pertains to all invoices submitted on that date and
thereafter. Please also reference Section 7.1.11 of Schedule C - Statement of Work for Invoice Details.

1. Invoices shall be submitted via one of the following three methods:
a. By mail:
DHS,ICE
Burlington Finance Center
P.O. Box 1620
Attn: ICE. . DRO. . FHQ. .CED
Williston, VT 05495. . 1620
or
b. By facsimile (fax) at: 802 . . 288 . . 7658 (include a cover sheet with point of contact f5t :# of pages)
c. By e. .mail at: Invoice.Consolidation@dhs.gov
Invoices submitted by other than these three methods will be returned. Contractor Taxpayer Identification
Number (TIN) must be registered in the Central Contractor Registration (http://www.ccr.gov) prior to
award and shall be notated on every invoice submitted to ICE/OAQ. The ICE program office identified in
the delivery order/contract shall also be notated on every invoice.

Source Selection Infonnation .... See FAR 3.104

88
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.l 52.216..18 .... Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery
orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued
from date of award through expiration of the contract period of performance.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of
conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order
in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized
in the Schedule.
(End of Clause)
H.2 52.216..19 .... Order limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount
of less than $0.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish,
those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor ......
(1) Any order for a single item in excess of the contract period of performance ceiling price for the
contract year in effect;
(2) Any order for a combination of items in excess of the contract period of performance ceiling price
for the contract year in effect; or
(3) A series of orders from the same ordering office within365 days that together call for quantities
exceeding the limitation in subparagraph (b)(I) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216.. 21 of the
Federal Acquisition Regulation (FAR», the Government is not required to order a part of anyone
requirement from the Contractor if that requirement exceeds the maximum. . order limitations in paragraph
(b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding
the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering
office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item
(or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies
or services from another source. (End of Clause)

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89
H.3 52.216... 21 ...... Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated,
in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are
not purchased by this contract. Except as this contract may otherwise provide, if the Government's
requirements do not result in orders in the quantities described as "estimated" or "maximum" in the
Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the
Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for
by orders issued in accordance with the Ordering clause. The Government may issue orders requiring
delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the
supplies or services specified in the Schedule that are required to be purchased by the Government activity
or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on
total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that
delivery may be specified under this contract, and if the Contractor will not accept an order providing for
the accelerated delivery, the Government may acquire the urgently required goods or services from another
source.

(f) Any order issued during the effective period of this contract and not completed within that period shall
be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were
completed during the contract's effective period; prOvided, that the Contractor shall not be required to make
any deliveries under this contract after 19 July 2014. (End of Clause)

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90

H.4 Procedure for Activation of Additional ISAP II Field Office/Sub.. Office Locations
In accordance with Appendix B (Nationwide Program Expansion Requirements) of the Statement of Work
(SOW), it is the Government's intent to expand its ISAP coverage to additional DRO Field Office and Sub..
Office locations under the ISAP II contract through the establishment of new contractor facilities and
assignment of contractor personnel working on..site at government facilities. The awardee shall be notified
in writing of the Government's intent to open a new ISAP II Field Office or Sub.. Office location(s). This
authorization letter shall be signed by the ISAP II Contracting Officer and issued to the ISAP II Program
Director and/or Deputy Program Director. It should be noted that the designated field office and/or sub..
office location (s) may require "Contractor Site" or "Government Site" services. The awardee shall have no
more than thirty (30) calendar days (for "Government Site" locations) and no more than sixty (60) calendar
days (for "Contractor Site" locations) from receipt of the letter to commence ISAP II services and fulfill all
SOW requirements at the specific field office and/or sub..office location (s) identified therein. The awardee
must be prepared with sufficient staff and equipment to provide ISAP II services for the full (i.e. maximum)
number of anticipated ISAP II participant slots for that location as listed in Table B.. 2 and B.. 2a of Appendix
B. Each written authorization letter issued by the Government is not a task order, and therefore, shall not
have any funding associated with it. All funding for ISAP II services shall be awarded against the resultant
award on an annual basis via task orders. These annual task orders shall be incrementally funded, as needed,
by CLIN and/or SLIN for the various levels of supervision and EM..Only services.

Source Sdection Information' , See FAR 3.104

91
SECTION I: CONTRACT CLAUSES
PROVISIONS AND CLAUSES INCLUDED BY REFERENCE:
52.202..1
52.203.. 3
52.203.. 5
52.203.. 6
52.203..7
52.203.. 8
52.203..10
52.203..12
52.204..4
52.204..7
52.204..9
52.204..10
52.209..6
52.215.. 2
52.215..8
52.219.. 8
52.219.. 9
52.219..16
52.219.. 28
52.222 ..1
52.222..3
52.222..21
52.222.. 26
52.222.. 35
52.222.. 37
52.222..50
52.223..6 ..
52.224..1
52.224.. 2
52.225.. 13
52.227..14
52.228..5
52.229..3
52.232..1
52.232.. 8
52.232..17
52.232 ..23
52.232.. 25
52.232..33
52.233 ..1
52.233.. 3
52.233.. 4

Definitions Ouly 2004)
Grantities (Apr 1984)
Covenant Against Contingent Fees (Apr 1984)
Restrictions on Subcontractor Sales to the Government (Sep 2006)
Anti.. Kickback Procedures Oul199 5)
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 0an 1997)
Price or Fee Adjustment for illegal or Improper Activity 0an 1997)
limitation on Payments to Influence Certain Federal Transactions (Sep 2007)
Printed or Copied Double..Sided on Recycled Paper (Aug 2000)
Central Contractor Registration (Apr 2008)
Personal Identity Verification of Contractor Personnel (Sep 2007)
Reporting Subcontract Awards (Sep 2007)
Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (Sep 2006)
Audit and Records .... Negotiation Oun 1999)
Order of Precedence .... Uniform Contract Format (Oct 1997)
Utilization of Small Business Concerns (May 2004)
Small Business Subcontracting Plan ..Alternate II (Oct 2001) (April 2008)
liquidated Damages .... Subcontracting Plan Oan 1999)
Small Business Program Representations (May 2004)
Notice to the Government of Labor Disputes (Feb 1997)
Convict Labor Oune 2003)
Prohibition of Segregated Facilities (Feb 1999)
Equal Opportunity (Mar 2007)
Equal Opporntnity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (Sep 2006)
Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (Sep 2006)
Combating Trafficking in Persons (Aug 2007)
Drug.. Free Workplace (May 2001)
Privacy Act Notification (Apr 1984)
Privacy Act (Apr 1984)
Restriction on Certain Foreign Purchases Oun 2008)
Rights in Data .... General (Dec 2007)
Insurance .... Work on a Government Installation 0 an 1997)
Federal, State, and Local Taxes (Apr 2003)
Payments (Apr. 1984)
Discounts for Prompt Payment (Feb 2002)
Interest (Oct 2008)
Assignment of Claims 0 an 1986)
Prompt Payment (Oct 2003)
Payment by Electronic Funds Transfer.... Central Contractor Registration (Oct. 2003)
Disputes Ouly 2002)
Protest after Award (Aug. 1996)
Applicable Law For Breach Of Contract Claim (OCT 2004)
Source Selection Infonnation .... See FAR 3.104

92
52.237,2
52.237,3
52.239,1
52.242,3
52.242,13
52.242,15
52.243,1
52.245,1
52.245,9
52.246,20
52.246,25
52.249,14

Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
Continuity of Services 0 an 1991)
Privacy or Security Safeguards (Aug. 1996)
Penalties for Unallowable Costs (May 2001)
Bankruptcy Ou11995)
Stop,Work Order (Aug. 1989)
Changes" Fixed Price' Altanate III (Apr 1984) (Aug 1987)
Government Property' Altanate I Oun 2007)
Use and Charges Oun 2007)
Warranty of Services (May 2001)
limitation of Liability - Services (Feb 1997)
Excusable Delays (Apr 1984)

Source Selection Information" See FAR 3.104

93

PROVISIONS AND CLAUSES IN FULL TEXT:
52.203-13 -- Contractor Code of Business Ethics and Conduct. (Dec 2008)
(a) Definitions. As used in this dause"Agent" means any individual, including a director, an officer, an employee, or an independent Contractor,
authorized to act on behalf of the organization.
"Full cooperation"(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the
nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely
and complete response to Government auditors' and investigators' request for documents and access to
employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not
require(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work
product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or
her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed
violation.
"Principal" means an officer, director, owner, partner, or a person having primary management or
supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a
subsidiary, division, or business segment; and similar positions).
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or for
a prime contractor or anorher subcontractor.
"United States," means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the
Contractor shall(i) Have a written code of business ethics and conduct; and
(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shalJ(i) Exerdse due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment
to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG),
with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of
this contract or any subcontract thereunder, the Contractor has credible evidence that a principal,
employee, agent, or subcontractor of the Contractor has comrnitted(A) A violation of Federal criminal law involving fraud, conflict of interest , bribery, or gratuity violations
found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U. S.c. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information
obtained pursuant to the Contractor's disclosure as confidential where the information has been marked
"confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such
information will not be released by the Government to the public pursuant to a Freedom of Information Act
Source Selection Information " Sec FAR 3.104

94
request, 5 U.S.c. Section 55 7 , without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive Branch if the
information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Government wide acquisition contract, a multi-agency
contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG
of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does
not apply if the Contractor has represented itself as a small business concern pursuant to the award of this
contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The
Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer
establishes a longer time period:
(l) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(li) The training conducted under this program shall be provided to the Contractor's principals and
employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection
with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(li) At a mininlUm, the Contractor's internal control system shall provide for the follOwing:
(A) Assignment of responsibiliry at a suffiCiently high level and adequate resources to ensure effectiveness of
the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed
as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for
compliance with the Contractor's code of business ethics and conduct and the special requirements of
Government contracting, including(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and
internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to deSign, implement, or
modify the business ethics awareness and compliance program and the internal control system as necessary
to reduce the risk of criminal conduct identified through this process.
(D) An internal reporring mechanism, such as a hotline, which allows for anonymiry or confidentialiry, by
which employees may report suspected instances of improper conduct, and instructions that encourage
employees to make such reports.
(E) DiSCiplinary action for improper conduct or for failing to take reasonable steps to prevent or detect
improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeour of any Government contract performed by the
Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee,
agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud,
Source Selection Information ~ , Sec FAR 3.104

95
conflict of interest, bribery, or gratuity violations found in Title 18 U.S.c. or a violation of the civil False
Claims Act (31 U.S.c. 3729-3733).
(I) if a violation relates to more than one Government contract, the Contractor may make the disclosure to
the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the
violation.
(2) If the violation relates to an order against a Government wide acquisition contract, a multi-agency
contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other
procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the
ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies'
contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment
on the contract.
(4) The Government will safeguard such disclosures in accordance 'Nith paragraph (b )(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective
actions.
(d) Subcontracts.
(I) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts
that have a value in excess of $5,000,000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False
Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a
copy to the Contracting Officer. (End of clause)
52.203-14 - Display of Hotline Poster(s) (Dec 2007)
(a) Dcfillitioll.
"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display offrG!ld hot/illc postcr(s). Except as provided in paragraph (c)(1) During contract performance in tlle United States, the Contractor shall prominently
display in common work areas within business segments performing work under this
contract and at contract work sites(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud
hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing
information to employees, the Contractor shall display an electronic version of the poster(s)
at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
Department of Homeland Security Office of Inspector General Hotline Poster
Department of Homeland Security
Washington, DC 20528
Attn: Office of Inspector General, Hotline
(i) Appropriate agency name(s) ancl/or title of applicable Department of Homeland
Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).) The
poster may be located and downloaded from:
httpJlwww.dhs.gov/xoig/assetsIDHS OIG Hotline.pdf
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#

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96
DHS Office of Inspector General Hotline may be located at:
http j lwww.clhs.gov/xoig/aboutlgc 11637033 7 9805.shtm , or email:
DHSO IGHOTLI NE@dhs.gov, or DHS OIG Hotline at (800) 323-8603
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a
reporring mechanism, such as a hotline poster, then the Contractor need not display any agency fraud
hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all
subcontracts that exceed $5,000,000, except when the subcontract(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
(End of clause)
52.217-8 -- Option to Extend Services (Nov 1999)
The Government may require conrinued performance of any services within the limits and at the rates
specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be exercised more than once, but the total
extension of perfonnance hereunder shall not exceed 6 months. The Contracring Officer may exercise the
option by written notice to the Contractor within sixty (60) days prior to the end of the contract period.
(End of Clause)
52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within sixty
(60) days prior to the end of the contract period provided that the Government gives the Contractor a
preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The
preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option
clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not
exceed sixty-six (66) months. (End of Clause)
52.222-39 - Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)
(a) Definition. As used in this clause-"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b) Except as prOvided in paragraph (e) of this clause, during the term of this contract, the Contractor shall
post a notice, in the form of a poster, informing employees of their rights concerning union membership and
payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all
places where notices to employees are customarily posted. The notice shall include the follOwing
information (except that the information pertaining to National Labor Relations Board shall not be included
in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.c.
151-188)).
Notice to Employees
Under Federal law, employees cannot be required to join a union or maintain membership in a union
in order to retain their jobs. Under certain conditions, the law permits a union and an employer to
enter into a union-securiry agreement requiring employees to pay uniform periodic dues and
initiation fees. However, employees who are not union members can object to the use of their
payments for certain purposes and can only be required to pay their share of union costs relaring to
collective bargaining, contract administration, and grievance adjustment.
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If you do not want to pay that portion of dues or fees used to support activities not related to
collective bargaining, contract administration, or grievance adjustment, you are entitled to an
apptopriate reduction in your payment. If you believe that you have been required to pay dues or fees
used in part to support activities not related to collective bargaining, contract administration, or
grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future
payments.
For further information concerning your rights, you may wish to contact the National Labor
Relations Board (NLRB) either at one of its Regional offices or at tlle follOwing address or toll free
number:
National Labor Relations Board
Division of Information
1099 14th Street, N.W.
Washington, DC 20570
1-866-667 -6S72
1-866-316-6572 (TTY)
To locate the nearest NLRB office, see NLRB 's website at http://www.nlrb.gov
(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and
related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.
(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs
(b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole
or in part, and declare the Contractor ineligible for further Government contracts in accordance with
procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and
Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part
470, which implements Executive Order 13201, or as are otherwise provided by law.
(e) The requirement to post the employee notice in paragraph (b) does not apply to-(1) Contractors and subcontractors that employ fewer than IS persons;
(2) Contractor establishments or construction work sites where no union has been formally
recognized by the Contractor or certified as the exclusive bargaining representative of the
Contractor's employees;
(3) Contractor establishments or construction work sites located in a jurisdiction named in the
definition of the United States in which the law of that jurisdiction forbids enforcement of unionsecuriry agreements;
(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor
Depury Assistant Secretary for Labor-Management Programs has waived the posting requirements
with respect to any of the Contractor's facilities if the Depury Assistant Secretary finds that the
Contractor has demonstrated that-(i) The faciliry is in all respects separate and distinct from activities of the Contractor
related to the performance of a contract; and
(li) Such a waiver will not interfere with or impede the effectuation of the Executive
order; or
(S) Work outside the United States that does not involve the recruitment or employment of workers
within the United States.
(f) The Deparrment of Labor publishes the official employee notice in two variations; one for contractors
covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-(1) Obtain the required employee notice poster from the Division of Interpretations and Standards,
Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW,
Room N-S60S, Washington, DC 20210, or from any field office of the Deparrment's Office of LaborManagement Standards or Office of Federal Contract Compliance Programs;
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98
(2) Download a copy of the poster from the Office of Labor-Management Standards website at
http://www.olms.dol.gov; or
(3) Reproduce and use exact duplicate copies of the Deparrment of Labor's official poster.
(g) The Contracror shall include the substance of this clause in every subconrract or purchase order that
exceeds the Simplified acquisition threshold, entered into in connection with this conrract, unless exempted
by the Deparrment of Labor Depury Assistant Secretary for Labor-Management Programs on account of
special circumstances in the national interest under authoriry of 29 CFR 470.3(c). For indefinite quantity
subconrracts, the Conrracror shall include the substance of this clause if the value of orders in any calendar
year of the subconrract is expected ro exceed the simplified acquisition threshold. Pursuant ro 29 CFR Part
470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the
Secretary of Labor may direct the Contracror to take such action in the enforcement of these regulations,
including the imposition of sanctions for noncompliance with respect ro any such subconrract or purchase
order. If the Contracror becomes involved in litigation with a subconrracror or vendor, or is threatened with
such involvement, as a result of such direction, the Contractor may request the United States, through the
Secretary of Labor, ro enter inro such litigation ro protect the interests of the United States.
(End of Clause)
52.232-19 -- Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under tltis conrract beyond the contract year in effect. The
Government's obligation for performance of this contract beyond that date is contingent upon the
availabiliry of appropriated funds from which payment for conrract purposes can be made. No legal liability
on the part of the Government for any payment may arise for performance under this contract beyond the
contract year in effect until funds are made available ro the Conrracting Officer for performance and until
the Conrractor receives notice of availability, ro be confirmed in writing by the Conrracting Officer. (End of
Clause)
52.244-2 -- Subcontracts aune 2007)
(a) Definitions. As used in this clause"Approved purchaSing system" means a Conrracror's purchasing system that has been reviewed and
approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).
"Consent ro subcontract" means the Contracting Officer's written consent for the Conrracror ro enter
inro a particular subcontract.
"Subconrract" means any conrract, as defined in FAR Subpart 7 .1, entered inro by a subconrracror ro
furnish supplies or services for perfonnance of the prime conrract or a subconrract. It includes, bur is not
limited to, purchase orders, and changes and modifications ro purchase orders.
(b) When this clause is included in a fixed-price type contract, consent ro subconrract is required only on
unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if
required in accordance with paragraph (c) or (d) of this clause.
(c) If the Conrractor does not have an approved purchasing system, consent ro subconrract is required for
any subcontract that(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fi..'{ed-price and exceeds(i) For a conrract awarded by the Deparnnent of Defense, the Coast Guard, or the National
Aeronautics and Space Adminisrration, the greater of the simplified acquisition threshold or 5 percent of the
rotal estimated cost of the contract; or
Source Selection Information

#

#

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99
(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National
Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total
estimated cost of the contract.
(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the
Contracting Officer's written consent before placing the following subcontracts:
N/A

(e){l) The Contractor shall notify the Contracting Officer reasonably in advance of placing any
subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this
clause, including the following information:
(i) A description of the supplies or services to be subcontracted
(ii) Identification of the type of subcontract to be used
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractor's current, complete, and accurate cost or pricing data and Certificate of
Current Cost or Pricing Data, if required by other contract provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards
when such data are required by other provisions of this contract.
(vii) A negotiation memorandum reflecting(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or revised prices;
(C) The reason cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing
data in determining the price objective and in negotiating the final price;
(E) The extent to which it was reCOgnized in the negotiation that the subcontractor's cost or
pricing data were not accurate, complete, or current; the action taken by the Contractor and the
subcontractor; and the effect of any such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractor's price objective and the
price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives are used The
explanation shall identify each critical performance element, management decisions used to quantify each
incentive element, reasons for the incentives, and a summary of all trade . . off possibilities considered
(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any
subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.
(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting
Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a
determination(l) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
(3) To relieve the Contractor of any responsibility for performing this contract.
Source Selection Infonnation .... See FAR 3.104

100

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a
cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall
not exceed thefee limitations in FAR 15.404-4(c)( 4)(i).
(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed
and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the
opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which
the Contractor may be entitled to reimbursement from the Government.
(i) The Government reserves the right to review the Contractor's purchasing system as set forth in
FAR Subpart 44.3.
U) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated
duting negotiations:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ (End of clause)
52.249-2 -- Termination for Convenience of the Government F 'ed-Price
(a) The Government may terminate performance of work under this contract in whole or, from time to time,
in part if the Contracting Officer determines that a termination is in the Government's interest. The
Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the
e;'Ctent of termination and the effective date.

(b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the
Contractor shall immediately proceed with the follOwing obligations, regardless of any delay in determining
or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for
materials, services, or facilities, except as necessary to complete the continued portion of the
contract.
(3) Terminate all subcontracts to the extent they relate to the work terminated.
(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and
interest of the Contractor under the subcontracts terminated, in which case the Government
shall have the right to settle or to pay any termination settlement proposal atising out of
those terminations.
(5) With approval or ratification to the extent required by the Contracting Officer, settle all
outstanding liabilities and termination settlement proposals arising from the termination of
subcontracts; the approval or ratification will be final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the Government --

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101
(i) The fabricated or unfabricated parts, work in process, completed work, supplies,
and other material produced or acquired for the work terminated; and

(ii) The completed or partially completed plans, drawings, information, and other
property that, if the contract had been completed, would be required to be furnished
to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the
protection and preservation of the property related to this contract that is in the possession
of the Contractor and in which the Government has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any
property of the types referred to in subparagraph (b) (6) of this clause; prOVided, however, that
the Contractor
(i) is not required to extend credit to any purchaser and

(ii) may acquire the property under the conditions prescribed by, and at prices
approved by, the Contracting Officer.
The proceeds of any transfer or disposition will be applied to reduce any payments to
be made by the Government under this contract, credited to the price or cost of the
work, or paid in any other manner directed by the Contracting Officer.
(c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the
effective date of termination, unless extended in writing by the Contracting Officer upon written request of
the Contractor within this 120... day period.
(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition
Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality,
of termination inventory not previously disposed of, excluding items authorized for disposition by the
Contracting Officer. The Contractor may request the Government to remove those items or enter into an
agreement for their storage. Within IS days, the Government will accept tide to those items and remove
them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the
items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before
final setdement.
(e) After termination, the Contractor shall submit a final termination setdement proposal to the
Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The
Contractor shall submit the proposal prompdy, but no later than I year from the effective date of
termination, unless extended in writing by the Contracting Officer upon written request of the Contractor
within this l ...year period. However, if the Contracting Officer determines that the facts justify it, a
termination setdement proposal may be received and acted on after 1 year or any extension. If the
Contractor fails to submit the proposal within the time allowed, the Contracting Officer may determine, on
the basis of information available, the amount, if any, due the Contractor because of the termination and
shall pay the amount determined
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102
(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the
whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount
may include a reasonable allowance for profit on work done. However, the agreed amount, whether under
this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this
clause, may not exceed the total contract price as reduced by
(1) the amount of payments previously made and
(2) the contract price of work not terminated.
The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of
this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid
. under this paragraph.

(g) If the Contractor and the Contracting Officer fail to agree on the whole amount to be paid because of the
termination of work, the Contracting Officer shall pay the Contractor the amounts determined by the
Contracting Officer as follows, but without duplication of any amounts agreed on under paragraph (f) of
this clause:

(1) The contract price for completed supplies or services accepted by the Government (or
sold or acquired under subparagraph (b)(9) of this clause) not previously paid for, adjusted
for any saving of freight and other charges.
(2) The total of ....
(i) The costs incurred in the performance of the work terminated, including initial
costs and preparatory expense allocable thereto, but excluding any costs attributable
to supplies or services paid or to be paid under subparagraph (g)(l) of this clause;

(ii) The cost of settling and paying termination setdement proposals under
terminated subcontracts that are properly chargeable to the terminated portion of the
contract if not included in subdivision (g)(2)(i) of this clause; and
(iii) A sum, as profit on subdivision (g)(2)(i) of this clause, determined by the
Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on
the date of this contract, to be fair and reasonable; however, if it appears that the
Contractor would have sustained a loss on the entire contract had it been completed,
the Contracting Officer shall allow no profit under this subdivision (g)(2)(iii) and
shall reduce the setdement to reflect the indicated rate of loss.
(3) The reasonable costs of setdement of the work terminated, including ....

(i) Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination setdement proposals and supporting data;
(ii) The termination and setdement of subcontracts (excluding the amounts of such
settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of the termination inventory.
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103

(h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of
loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g)
of this clause, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost,
stolen, or damaged so as to become undeliverable to the Government or to a buyer.
(i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, in effect on the date
of this contract, shall govern all costs claimed, agreed to, or determined under this clause.

(j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by
the Contracting Officer under paragraph (e), (g), or (1) of this clause, except that if the Contractor failed to
submit the termination settlement proposal or request for equitable adjustment within the time provided in
paragraph (e) or (1), respectively, and failed to request a time extension, there is no right of appeal.
(k) In arriving at the amount due the Contractor under this clause, there shall be deducted .,.,

(1) All unliquidated advance or other payments to the Contractor under the terminated
portion of this contract;

(2) Any claim which the Government has against the Contractor under this contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things
acquired by the Contractor or sold under the provisions of this clause and not recovered by or
credited to the Government.

(1) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an
equitable adjustment of the price (s) of the continued portion of the contract. The Contracting Officer shall
make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjusnnent
under this clause shall be requested within 90 days from the effective date of termination unless extended in
writing by the Contracting Officer.

(m)

(1) The Government may, under the terms and conditions it prescribes, make partial
payments and payments against costs incurred by the Contractor for the terminated portion
of the contract, if the Contracting Officer believes the total of these payments will not exceed
the amount to which the Contractor will be entitled

(2) If the total payments exceed the amount finally determined to be due, the Contractor
shall repay the excess to the Government upon demand, together with interest computed at
the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2).
Interest shall be computed for the period from the date the excess payment is received by the
Contractor to the date the excess is repaid. Interest shall not be charged on any excess
payment due to a reduction in the Contractor's termination settlement proposal because of
retention or other disposition of termination inventory until 10 days after the date of the
retention or dispOSition, or a later date determined by the Contracting Officer because of the
circumstances.
(n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and
documents relating to the terminated portion of this contract for 3 years after final settlement. This includes
Source Sdection Information .... See FAR 3.104

104

all books and other evidence bearing on the Contractor's costs and expenses under this contract. The
Contractor shall make these records and documents available to the Government, at the Contractor's office,
at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs,
microphotographs, or other authentic reproductions may be maintained instead of original records and
documents. (End of Clause)
52.249 ... 8 ...... Default (Fixed ... Price Supply and Service) (Apr 1981)
(a)

(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice
of default to the Contractor, terminate this contract in whole or in part if the Contractor fails
to ......
(i) Deliver the supplies or to perform the services within the time specified in this
contract or any extension;
(ii) Make progress, so as to endanger performance of this contract (but see
subparagraph (a)(2) of this clause); or
(iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2)
of this clause).
(2) The Government's right to terminate this contract under subdivisions (a)(1)(ii) and
(1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10
days (or more if authorized in writing by the Contracting Officer) after receipt of the notice
from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in
the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated,
and the Contractor will be liable to the Government for any excess costs for those supplies or services.
However, the Contractor shall continue the work not terminated
(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if
the failure to perform the contract arises from causes beyond the control and without the fault or negligence
of the Contractor. Examples of such causes include
(1) acts of God or of the public enemy,
(2) acts of the Government in either its sovereign or contractual capacity,
(3) fires,
(4) floods,
(5) epidemics,
(6) quarantine restrictions,
(7) strikes,
(8) freight embargoes, and
(9) unusually severe weather.
In each instance the failure to perform must be beyond the control and without the fault or
negligence of the Contractor.
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105
(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the
default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence
of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the
subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor
to meet the required delivery schedule.
(e) 1£ this contract is terminated for default, the Government may require the Contractor to transfer title and
deliver to the Government, as directed by the Contracting Officer, any
(1) completed supplies, and
(2) partially completed supplies and materials, parts, tools, clies, jigs, fixrures, plans,
drawings, information, and contract rights (collectively referred to as "manufacruring
materials" in this clause) that the Contractor has specifically produced or acquired for the
terminated portion of this contract.
Upon direction of the Contracting Officer, the Contractor shall also protect and preserve
property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor
and Contracting Officer shall agree on the amount of payment for manufacruring materials delivered and
accepted and for the protection and preservation of the property. Failure to agree will be a clispute under the
Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer
determines to be necessary to protect the Government against loss because of outstanding liens or claims of
former lien holders.
(g) 1£, after termination, it is determined that the Contractor was not in default, or that the default was
excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for
the convenience of the Government.
(h) The rights and remeclies of the Government in this clause are in adclition to any other rights and
remeclies proVided by law or under this contract. (End of Clause)
52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text
htrp://farsite.hill.af. mil,
of a clause may be accessed electronically at this/these addressees):
htrp://www.dtic/mil/fars or http://www.arnet.gov/far (End of Clause)

3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY
RESOURCES OUN 2006)
(a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected
to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or
any part of the contract that includes information technology resources or services for w hich the Contractor
must have physical or electronic access to sensitive information contained in DHS unclassified systems that
directly support the agency's mission.

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106

(b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the
processes and procedures that will be followed to ensure appropriate security of IT resources that are
developed, processed, or used under this contract.
(1) Within SIXTY (60) days after contract award, the contractor shall submit for approval
its IT Security Plan, which shall be consistent with and further detail the approach contained
in the offeror's proposal. The plan, as approved by the Contracting Officer, shall be
incorporated into the contract as a compliance document.
(2) The Contractor's IT Security Plan shall comply with Federal laws that include, but are
not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government
Information Security Reform Act of 2000; and the Federal Information Security Management
Act of 2002; and with Federal policies and procedures that include, but are not limited to,
OMB Circular A..130.
(3) The security plan shall specifically include instructions regarding handling and protecting
sensitive information at the Contractor's site (including any information stored, processed, or
transmitted using the Contractor's computer systems), and the secure management,
operation, maintenance, programming, and system administration of computer systems,
networks, and telecommunications systems.
(c) Examples of tasks that require security provisions include....
(1) Acquisition, transmission or analysis of data owned by DHS with Significant replacement
cost should the contractor's copy be corrupted; and
(2) Access to DHS networks or computers at a level beyond that granted the general public
(e.g., such as bypassing a firewall).
(d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT
resources provided to the contractor during the contract, and certify that all non..public DHS information
has been purged from any contractor.. owned system. Components shall conduct reviews to ensure that the
security requirements in the contract are implemented and enforced.
(e) Within 6 months after contract award, the contractor shall submit written proof of IT Security
accreditation to DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to
the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any
replacement publication, which the Contracting Officer will provide upon request. This accreditation will
include a final security plan, risk assessment, security test and evaluation, and disaster recovery
plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be
incorporated into the contract as a compliance document. The contractor shall comply with the approved
accreditation documentation. (End of clause)
3052.204 .. 71 CONTRACTOR EMPLOYEE ACCESS OUN 2006)
(a) Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or
unauthorized -access to or modification of which could adversely affect the national or homeland security
interest, or the conduct of Federal programs, or the privacy to which individuals are entided under section
552a of tide 5, United States Code (the Privacy Act), but which has not been specifically authorized under
criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national
defense, homeland security or foreign policy. This definition includes the following categories of
information:
(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical
Infrastructure Information Act of 2002 (Tide II, Subtide B, of the Homeland Security Act,
Public Law 107.. 296, 196 Stat. 2135), as amended, the implementing regulations thereto (Tide
6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual,
as amended, and any supplementary guidance offiCially communicated by an authorized
Source Sdection Information" See FAR 3.104

107
official of the Department of Homeland Security (including the pcn Program Manager or
hislher designee);
(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations,
Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of 5 51," as
amended, and any supplementary guidance officially communicated by an authorized official
of the Department of Homeland Security (including the Assistant Secretary for the
Transportation Security Administration or hislher designee);
(3) Information designated as "For Official Use Only," which is unclassified information of a
sensitive nature and the unauthorized disclosure of which could adversely impact a person's
privacy or welfare, the conduct of Federal programs, or other programs or operations
essential to the national or homeland security interest; and
(4) Any information that is deSignated "sensitive" or subject to other controls, safeguards or
protections in accordance with subsequently adopted homeland security information
handling procedures.
(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking
equipment, telecommunications equipment, cabling, network drives, computer drives, network software,
computer software, software programs, intranet sites, and internet sites.
(c) Contractor employees working .on this contract must complete such forms as may be necessary for
security or other reasons, including the conduct of background investigations to determine suitability.
Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's
request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required All
contractor employees requiring recurring access to Government facilities or access to sensitive information
or IT resources are required to have a favorably adjudicated background investigation prior to commencing
work on this contract unless this requirement is waived under Departmental procedures.
(d) The Contracting Officer may require the contractor to prohibit individuals from working on the
contract if the government deems their initial or continued employment contrary to the public interest for
any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shill
not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the
Contracting Officer. For those contractor employees authorized access to sensitive information, the
contractor shall ensure that these persons receive training concerning the protection and disclosure of
sensitive information both during and after contract performance.
(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the
subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause)
ALTERNATE I OUN.2006)
When the contract will require contractor employees to have access to Information Technology (IT)
resources, add the following paragraphs:

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing,
which the Contracting Officer's Technical Representative (COTR) will arrange, and complete any
nondisclosure agreement furnished by DHS.
(h) The contractor shall have access only to those areas of DHS information technology resources explicitly

stated in this contract or approved by the COTR in writing as necessary for performance of the work under
this contract. Any attempts by contractor personnel to gain access to any information techriology resources
not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved
in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take
appropriate actions with regard to the contract and the individua1(s) involved.
Source Selection Information" See FAR 3.104

108
(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual
convenience while the contractor performs business for the DHS Component. It is not a right, a guarantee of
access, a condition of the contract, or Government Furnished Equipment (GFE).

G) Contractor access will be terminated for unauthorized use. The contractor agrees to hold and save DHS
harmless from any unauthorized use and agrees not to request additional time or money under the contract
for any delays resulting from unauthorized use or access.
(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management
or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head
of the Component or designee, with the concurrence of both the Department's Chief Security Officer (CSO)
and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be
granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be
granted:

(1) The individual must be a legal permanent resident of the U. S. or a citizen of Ireland,
Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by
the Department of State;
(2) There must be a compelling reason for using this individual as opposed to aU. S. citizen;
and
(3) The waiver must be in the best interest of the Government.

(1) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to
work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be
reported to the contracting officer. (End of Clause)

3052.209.. 70 PROHmITION ON CONTRACTS WITH CORPORATE EXPATRIATES OUN 2006)
(a) Prohibitions.
Section 835 of the Homeland Security Act, 6 U .S.C. 395, prohibits the Department of Homeland Security
from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic
corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the
prohibition with respect to any specific contract if the Secretary determines that the waiver is required in
the interest of national security.
(b) Definitions. As used in this clause:
Expanded Aftliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code
of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be
applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.
Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland
Security Act, 6 U .S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue
Code of 1986.
Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic
corporation if, pursuant to a plan (or a series of related transactions)(1) The entity completes the direct or indirect acquisition of substantially all of the properties
held direcdy or indirecdy by a domestic corporation or substantially all of the properties
constituting a trade or business of a domestic partnership;
Source Selection Information' , See FAR 3.104

109

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is
held(i) In the case of an acquisition with respect to a domestic corporation, by
former shareholders of the domestic corporation by reason of holding stock in
the domestic corporation; or
(ii) In the case of an acquisition with respect to a domestic partnership, by
former partners of the domestic partnership by reason of holding a capital or
profits interest in the domestic partnership; and
(3) The expanded affiliated group which after the acquisition includes the entity does not
have substantial business activities in the foreign country in which or under the law of which
the entity is created or organized when compared to the total business activities of such
expanded affiliated group.
Persall, domestic, alld foreigll have the meanings given such terms by paragraphs (1), (4), and (5)
of section 77Ol(a) of the Internal Revenue Code of 1986, respectively.
(c) Special rules. The follOWing definitions and special rules shall apply when determining whether a foreign
incorporated entity should be treated as an inverted domestic corporation.
(1) Certaill Stoell Disregarded. For the purpose of treating a foreign incorporated entity as an
inverted domestic corporation these shall not be taken into account in determining
ownership:
(i) Stock held by members of the expanded affiliated group which includes the
foreign incorporated entity; or
(ii) stock of such entity which is sold in a public offering related to the
acquisition described in subsection (b)(1) of Section 835 of the Homeland
Security Act, 6 U.s.c. 395(b)(I).
(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly
substantially all of the properties of a domestic corporation or partnership during the 4-year
period beginning on the date which is 2 years before the ownership requirements of
subsection (b )(2) are met, such actions shall be treated as pursuant to a plan.
(3) Certaill Transfers Disregarded. The transfer of properties or liabilities (including by
contribution or distribution) shall be disregarded if such transfers are part of a plan a
principal purpose of which is to avoid the purposes of this section.
(d) Special Rulefor Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6
U.s.c. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic
partnerships which are under common control (within the meaning of section 482 of the Internal Revenue
Code of 1986) shall be treated as a partnership.
(e) Treatment of Certain Rights.
(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value
of all equitable interests incident to the transaction, as follows:
(i) warrants;
(ii) options;
(iii) contracts to acquire stock;
(iv) convertible debt instruments; and
(v) others similar interests.
(2) Rights labeled as stocks shall not be rreated as stocks whenever it is deemed appropriate
to do so to reflect the present value of the rransaction or to disregard transactions whose
recognition would defeat the purpose of Secrion 835.
(f) Disclosure. The offeror under this solicitation represents that [Check one]: _ it is not a foreign
incorporated entity mat should be treated as an inverted domestic corporation pursuant to the criteria of
(HSAR) 48 CFR 3009.104-70 through 3009.104-73;
Source Selection Information ;; See FAR 3.104

110
_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to
the ctiteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver
putsuant to 3009.104-74, which has not been denied; or
_ it is a foreign incorporated en tity that should be treated as an inverted domestic corporation pursuant to
the critetia of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver
pursuant to 3009.104-74.
(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has
been applied for, shall be attached to the bid or proposal. (End of provision)

3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)
(a) The personnel or facilities specified below are considered essential to the work being performed under
this contract and may, with the consent of the contracting parties, be changed from time to time duting the
course of the contract by adding or deleting personnel or facilities, as appropriate.
(b) Before removing or replaCing any of the specified individuals or facilities, the Contractor shall notify the
Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient
information to support the proposed action and to enable the Contracting Officer to evaluate the potential
impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities
until the Contracting Officer approves the change. The Key Personnel or Facilities under this Contract
are: Program Director and Deputy Program Director. (End of clause)

3052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN REPORTING OUN 2006)
(a) The Contractor shall enter the information for the Subcontracting Report for Individual Contracts
(formally the Standard Form 294 (SF 294» and the Summaty Subcontract Report (formally the Standard
Form 295 (SF-295» into the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov .
(b) The Contractor shall include this clause in all subcontracts that include the clause at (FAR) 48 CFR
52.219-9. (End of clause)

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT
WORK (DEC 2003)
NOl:'.vithstanding any other provision hereof, the Contractor is responsible for delays arising out of labor
disputes, including but not limited to strikes, if such strikes are reasonably avoidable. A delay caused by a
strike or by picketing which constitutes an unfair labor practice is not excusable unless the Contractor
takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge
with the National Labor Relations Board, the use of other available Government procedures. and the use of
private boards or organizations for the settlement of disputes. (End of clause)

3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)
If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the
Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by
any person to a DHS facility where the site of the work is located, the Contractor shall take all appropriate
action to end such strike or picketing, including. if necessary. the filing of a charge of unfair labor practice
with the National Labor Relations Board or the use of other available judiCial or administrative remedies.
(End of clause)
Source Selection Information ~ ~ See FAR 3.104

111

3052.228...70 INSURANCE (DEC 2003)
In accordance with the clause entided "Insurance . . Work on a Government Installation• [or Insurance . .
Liability to Third Persons] in Section I, insurance of the following kinds and minimum amounts shall be
provided and maintained during the period of performance of this contract:
(a) Worker's compensation and employer's liability. The contractor shall, as a minimum, meet the
requirements specified at (FAR) 48 CFR 28.307. . 2(a).
(b) General liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48 CFR
28.307. . 2(b ).
(c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at (FAR) 48
CFR 28.307. . 2(c). (End of clause)
3052.242"'71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)
The Contractor shall not publish, permit to be published, or distribute for public consumption, any
information, oral or written, concerning the results or conclusions made pursuant to the performance of this
contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any
material proposed to be published or distributed shall be submitted to the Contracting Officer. (End of
clause)
3052.242"'72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)
(a) The Contracting Officer may deSignate Government personnel to act as the Contracting Officer's
Technical Representative (COTR) to perform functions under the contract such as review or inspection and
acceptance of supplies, services, including construction, and other functions of a technical nature. The
Contracting Officer will provide a written notice of such designation to the Contractor within five working
days after contract award or for construction, not less than five working days prior to giving the contractor
the notice to proceed. The deSignation letter will set forth the authorities and limitations of the COTR
under the contract.
(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents,
such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.
(End of clause)

3052.245"'70 GOVERNMENT PROPERTY REPORTS OUN 2006)
(a) The Contractor shall prepare an annual report of Government property in its possession and the
possession of its subcontractors.
(b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar
year on DHS Form 0700 . . 5, Contractor Report of Government Property. (End of clause)

Source Selection Information" See FAR 3.104

 

 

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