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EROIGSA-150007 <br />been identified and fllnding obligated. Performance under this Agreement is not <br />authorized until the Contracting Officer issues au order in writing. 'The effective date of <br />the services will be negotiated and specified in this Agreement. The S ervice Provider <br />shall be prepared to accept detainees immediately upon issuance of task order in <br />accordance with the agreed upon ramp -up plan. <br />C. Subcontractors; The Service Provider shall notify and obtain approval from the ICE <br />Contracting Officer if it intends to house ICE detainees in a facility Other than the <br />[facility Name], If either the Facility or any future facility is operated by an entity other <br />than the Service Provider, ICE will treat the entity as a subcontractor to the Service <br />Provider, The Service Provider shall obtain the Contracting Officer's approval before <br />subcontracting the detention and care of detainees to another entity, The Contracting <br />Officer has the right to deny, withhold, or withdraw approval of the proposed <br />subcontractor. Upon approval by the Contracting Officer, the Service Provider shall <br />ensure that any subcontract includes all provisions of this Agreement, and shall provide <br />ICE with copies of all subcontracts. All payments will be made to the Service Provider, <br />ICE will not accept invoices &om, or make payments to, a subcontractor. Subcontractors <br />that perform under this agreement are subject to the terms and conditions of this IDSA, <br />D. Consistent with Law: This is a firm fixed rate Agreement, not a cost reimbursable <br />Agreement. This Agreement is permitted under applicable statute,, regulations, policies <br />and judicial mandates. Any provision of this Agreement contrary to applicable statutes, <br />regulation, policies or judicial mandates is null and void and shall not necessarily affect <br />the balance of the Agreement. <br />Article 3. Covered Services <br />A, Bedspaces The Service Provider shall provide and operate up to 200 bed adult civil <br />dotention facility, The facility shall be located within appropriate proximity and access to <br />emergency services (medical, fire protection, law enforcement, etc). ICE will be <br />financially liable only for the actual detainee days as defined in Paragraph C of Article 3. <br />B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, <br />housing, subsistence, medical and other services in accordance with this Agreement. In <br />providing these services, the Service Provider shall ensure compliance with all applicable <br />laws, regulations, fire and safety codes, policies and procedures. The types and levels of <br />services shall be consistent with those the Service Provider routinely affords other <br />imnates, If the Service Provider determines that ICE has delivered a person for custody <br />who is under the age of eighteen (18), the Service Provider shall not house that person <br />with adult detainees and shall immediately notify the ICE COR or designated ICE <br />official. ICL' will remove the juvenile within seventy-two (72) hours. <br />C. Unit of Service and Financial Liability; The unit of service is called a "Bed Day" and is <br />defined as one person per day. The bed day begins on the date of arrival. The Service <br />Provider may bill ICE for the date of arrival but not the date of departure. The Service <br />4 <br />