Attachment I-Technical and Price Submission Instructions

The govemment entity shall submit the technical and price infom1ation via email to
Bethany.Stutler@ice.dhs.gov by June 15, 2016 at 5 pm ET in accordance with the
instmctions below.
Govenunent entities may submit questions requesting clarification of submission
requirements via electronic mail to Bethany Stutler at Bethany.Stutler@ice.dhs.gov no
later than June 3. 2016 at 5 PM ET. Questions and responses will be sent to all
government entities.
Technical Submission Instructions:
In order for ICE to select one ( 1) or more government entities to negotiate an IGSA with,
government entities are requested to outline their technical approach to meeting the
requirements of the Inter-Governmental Service Agreement (IGSA) and Statement of
Work(SOW).

The government entity shall provide the following infom1ation as part of their technical
submission:
l. Authority to Commit to Requirements: The individual signing the
submission shall provide proof they have the authority to commit the
government entity and any subcontractor to perform all requirements
outlined in the submission. This individual shall also be required to attend
any and all negotiations and pre-performance conferences. The
government entity shall demonstrate the ability to team with a commercial
service provider in the state where the facility is located, and the
governrnenf s intent to establish an IGSA with ICE. The submission shall
also include the point-of-contact(s) information (name, title. e-mail, and
phone number) for the government entity and any commercial service
provider(s).
2. Implementation Plan: Provide a plan for implementing Family
Residential Services at the proposed facility/facilities by October I 2016
and explain how the government entity will comply with the ICE Family
Residential Standards and all applicable Federal and State laws and
regulations (licenses, permits. insurance etc.); this includes the ability to
obtain a Childcare provider license in the state where the facility is
located.
3. Leverage Existing Structures: The government entity shall explain their .
plan to leverage existing structures to meet the needs outlined in the
Statement of Work (See Attachment I to the IGSA Template).
4. Management Plan: The government entity shall provide a detailed
explanation of their management plan to include a recruitment plan for
onboarding and maintaining a staffing level of 95% throughout the period

Attachment I-Technical and Price Submission Instructions

ATTACHMENT 3-STANDARD AGENCY IGSA

(INCLUDES ATTACHMENTS 1-9)

DROJGSA-XX-XXXX
lNTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE

'!TED STATES DEPARTMENT OF HOMELAND SEC CRI TY

U.S. lIMIGRATION Al\D CUSTOMS El\FORCEMENT
WASHINGTON.

DC

AND
.

- .

. ....
", .. :

..i. ...

..'i ,\., ..!. -

This Intergovernmental Service Agreement ("Agreement.') is entered into between United States
Depa1trnent of Homeland Security Immigration and Customs Enforcement ("lCE ..), and
XXXXXXXXXX ("Service Provider") for the Residential care of alien families (..residents..)
detained under the authority of Immigration and Nationalitv Act. as amended.. The term
"Parties.. is used in this Agreement to refer jointly to ICE and the Service Provider.
FACILITY LOCATION:

The Service Provider shall provide detention services for residents at the following institution(s):
TBD

The following constitute the complete agreement:

INTERGOVERNMENTAL SERVICE AGREEMENT (JGSA)

PROPOSAL. DA TED XX/XX/XX as modified. to include Price/Cost Schedule (Incorporated by
reference at time of award)
ATIACHMENT 1-RESIDENTIAL STATEMENT OF WORK
ATIACHMENT 2-QUALITY CONTROL PLAN (to be inse11ed at time of award)
ATIACHMENT 3-QUAL!TY ASSURANCE SURVEILLANCE PLAN (w/ PRS. CDR and
PMT)
ATIACHMENT 4-STAFFING MODEL (Final Staffing Plan to be inserted at time of a,, ard)
ATI ACHMENT 5-LABOR ST ANDARDS
ATIACHMENT 6-\VAGE DETERMINATION Number XXXX-XXXX. Rev X Dated XXXX
ATTACHMEJ\T 7- ICE FAMILY RESIDENTIAL STANDARDS-REFERENCES (ICE family
Residential Standards are Incorporated by Reference).
ATTACHMENT 8- HEALTH SERVICES DESIG STANDARDS (Dated 3/11/15)
ATIACHMEl\T 9- CDF AND !GSA DESIGN STANDARDS (Dated June 2011)

IN \VtTNESS WHEREOF, the undersigned, duly authorized officers, have subscribed their names
on behalf of the XXXXXX:XXXX and Depai1ment of Homeland Security. U.S. lmmigralion and
Customs Enforcement.

ACCEPTED:

ACCEPTED:

U.S. lmmigration and Customs Enforcement

xxxxxxxxxx

Contracting Officer
Bethany Stutler
Date:--------------

[Title]
Print Name:
Date:------------

---------Page I of 23

before subcontracting the detention and care of residents to another entity. The
Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed
subcontractor. Upon approval by the Contracting Officer, the Service Provider shall
ensure that any subcontract includes all provisions of this Agreement and shall provide
ICE with copies of all subcontracts. All payments will be made to the Service Provider.
ICE will not accept invoices from. or make payments to a subcontractor.
C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursable
agreement. This Agreement is pem1itted under applicable statutes, regulation, policies or
judicial mandates. Any provision of this Agreement contrary to applicable statutes,
regulation, policies or judicial mandates is nulJ and void and shall not necessarily affect
the balance of the Agreement.
D. Use of Service Provider's Policies and Procedures: The Contracting Officer shall
approve Service Provider's policies and procedures for use under this Agreement. Upon
approval !' the Service Provider can use its policies and procedures in conjunction with the
residential/detention standards mandated under this Agreement.
E. Notification and Public Disclosure: No public disclosures (i.e. press releases, press
conferences) regarding this IGSA shall be made by the Service Provider or any of its
contractors or subcontractors without the review and approval of such disclosure by ICE
Public Affairs and express permission granted by the ICE Contracting Officer.
Article III. CoYered Services

Below are the general requirements under this Agreement. Specific requirements for the services
under this Agreement are stated in Attaclunent I-Statement of Work.
A. Bedspace: The Service Provider shall provide beds accommodating family units
consisting of an adult parent/legal guardian and their own minor children. on a space
available basis. The Service Provider shall house all residents/ as detem1ined within the
Service Provider's classification system.
B. Basic Needs: The Service Provider shall provide residents with safekeeping, housing,
subsistence, medical services that are not provided for elsewhere and other services in
accordance with this Agreement. In providing these services, the Service Provider shall
ensure compliance with all applicable laws, regulations, fire and safety codes, policies
and procedures. If the Service Provider detennines that ICE has delivered a person for
custody to reside in the residential facility who is under the age of eighteen (18) and
unaccompanied by a parent or guardian, the Service Provider shall not house that person
with adult residents and shall immed.iately notify the Contracting Officer's
Representative (COR).
C. Interpretive Services: The Service Provider shall make special provisions for non
English speaking, disabled or illiterate residents. ICE will reimburse the Service Provider
for the actual costs associated with providing commercial written or telephone language
interpretive services. Upon request, ICE will assist the Service Provider in obtaining
translation services. The Service Provider shall provide all instructions verbally either in
English or the residents' language, as appropriate, to residents who cannot read. The
Service Provider shall include the actual costs that the Service Provider paid for such
Page 3 of23

Article X. Modifications and Disputes

A. Modifications: Actions other than those designated in this Agreement will not bind or
incur liability on behalf of either Party. Either Party may request a modification to this
Agreement by submitting a written request to the other Party. A modification will
become a part of this Agreement only after the ICE Contracting Officer and the
authorized signatory of the Service Provider have approved the modification in writing.
B. Disputes: The ICE Contracting Officer and the authorized signatory of the Service
Provider will settle disputes, questions and concerns arising from this Agreement.
Settlement of disputes shall be memorialized in a written modification between the ICE
Contracting Officer and authorized signatory of the Service Provider. In the event a
dispute is not able to be resolved between the Service Provider and the ICE Contracting
Officer, the ICE Contracting Officer will make the final decision. If the Service Provider
does not agree with the final decision, the matter may be appealed to the ICE Head of the
Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods
available to resolve the dispute including alternative dispute resolution techniques. The
Service Provider shall proceed diligently with performance of this Agreement pending
final resolution of any dispute.
C. ICE Unilateral Changes. ICE may unilaterally implement policy and/or procedural
changes from time to time in order to meet changes in mission and/or the need to protect
the residents under ICE's responsibility as they relate to services provided under this
Agreement. The Service Provider has thirty (30) calendar days from the date of the
modification implementing the unilateral changes to submit any requests for cost impacts.
Should the Service Provider determine that there is an impact to the bed day rate, the
Service Provider must submit detailed cost information (including impacts to
subcontracts) to support any requests for rate adjustments as a result of the unilateral
change. Only those costs with supporting data will be considered.
Article XI. Enrollment, Invoicing, and Payment

Invoice Instructions:
ICE-ERO Contracts
Service Providers/Contractors shall use these procedures when submitting an invoice.
1. Invoice Submission: Invoices shall be submitted in a .pdf' fonnat in accordance with
the contract tem1s and conditions via email, United States Postal Service (USPS) or
facsimile as follows:
a) Email:
Invoice.Consolidation@ice.dhs.gov
Contracting Officer Representative (COR) or Government Point of Contact (GPOC)
Contract Specialist/Contracting Officer
Each email shall contain only ( 1) invoice and the invoice number shall be indicated on
the subject line of the email.

Page 9 of23

XVIII. Contracting Officer's Representative

A. The Contracting Officer's Representative (COR) shall be designated by the Contracting
Officer. When and if the COR duties are reassigned an administrative modification will
be issued to reflect the changes. This designation does not include authority to sign
contractual documents or to otherwise commit to, or issue changes. which could affect
the price. quantity, or performance of this Agreement.

B. Should the Service Provider believe they have received direction that is not within scope
of the Agreement; the Service Provider shall not proceed with any portion that is not
within the scope of the Agreement without first contacting the Contracting Officer. The
Service Provider shall continue perfonnance of effo11s that are deemed within scope.
XIX. Labor Standards and Wage Determination
A. The Service Contract Act. 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for
Federal Service Contracts, is here by incorporated into this Agreement at Attachment 5.
These standards and provisions are included in every contract over $2,500, or in an
indefinite amount, that is entered into by the United States, the principal purpose of
which is to furnish services through the use of service employees.

C. Wage Detem1ination: Each service employee employed in the performance of this

Agreement shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe benefits detennined by
the Secretary of Labor or authorized representative, as specified in any wage
determination attached to this Agreement at Attachment 6.
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END OF DOCUMENT
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