United States Marshals Service's Use of Independent Contractors as Guards

Audit Report 05-24
May 2005
Office of the Inspector General

Appendix IV

Statement of Work
Personal Services Contract Guards


The objective of this contract is to provide for the security in handling and transportation of all federal prisoners and aliens, certain non-federal detainees, and military prisoners in various work contexts, including hospital details.

Personal services contract guards, referred to as guards, must be experienced in the field of law enforcement. Guards must meet the contract guard minimum requirements as described in USMS policy. Certain guards may be armed at the discretion of the chief deputy marshal or his/her designee. Guards are authorized to carry and use the handgun and ammunition that their issuing agency has trained and qualified them with and has authorized them to carry. Non-active duty law enforcement will qualify with USMS-approved duty handgun and ammunition semiannually on a USMS course of fire. This handgun will be the only handgun non-active duty law enforcement will be authorized to carry as a guard for the USMS. At the discretion of the USMS, guards may be issued shotguns for use if they have completed the semiannual shotgun familiarization course of fire. This authorization is limited to time periods while under contractual obligations to the USMS. All guards are required to read, understand, and comply with the current USMS Policy Directives on Use of Force, Firearms, and Code of Professional Responsibility. Copies of applicable USMS policies are available for review from the chief deputy U.S. marshal or is/her designee, Monday though Friday, 8 a.m. - 4:30 p.m.

Work Locations:

Guards may be utilized for duties in these areas:

  1. Hospitals
  2. Cell blocks
  3. JPATS
  4. Hangar Security
  5. Courts
  6. Transport of detainees
  7. Seized Assets

Reporting Requirements:

A Contracting Officer is available to offer contract interpretation. Issues regarding the Statement of Work, the purchase order, or contractor-related issues will be directed to the contracting officer.

Deputy U.S. Marshals can be designated COTRs (Contracting Office Technical Representatives) by the contracting officer after an approved course of study. They will offer technical guidance to contract guards. Guards will receive general direction or oversight when engaged in specific work contexts involving the handling, guarding, or transporting of prisoners or detainees from designated deputy U.S. Marshals.

Objectives for Guards:

  1. The guard agrees to provide guard services in accordance with this Statement of Work upon request of the chief deputy marshal or his/her designee. Request for these services may be made at any time of the day or night, and the guard must be capable of providing the services. As much advance notice as possible shall be given.

  2. Guards shall be unarmed unless otherwise directed. Armed guards must meet the training and qualification requirements stated in current USMS policies prior to providing services while armed. The authority to carry a concealed weapon is extended to the guard to the extent necessary to meet the objectives of this written Statement of Work. No authority is extended to carry a concealed weapon beyond duty assignments.

  3. Guards shall be responsible for the secure custody of any federal, state, or local detainee from the time the detainee is accepted into the custody of the USMS or its designee, and until he/she is properly removed from custody by an authorized official.

  4. The guard must maintain constant guard and observation of the detainee. In the event of an escape or attempted escape, the guard must notify the chief deputy marshal or his/her designee.

  5. The guard may be required to travel. Such travel may require overnight stays. The guard shall be reimbursed for actual hours worked (from the time required to show until the guard is released from work that duty day). The duty location is subject to change depending on mission requirements. Meals and hotel expenses will be reimbursed in accordance with the Joint Federal Travel Regulations. Incidental expenses will be reimbursed based on actual expenses with proper documentation (i.e., rental car, parking, and tolls). Guards will submit a written estimate (Travel Authorization/Advance) of costs prior to travel and file travel expense vouchers within five days of their return.

  6. The guard shall be notified by the chief deputy U.S. Marshal or his/her designee of any special instructions concerning any individual detainee being guarded or transported.

  7. The guard shall not leave the assignment without notifying the chief deputy U.S. Marshal or his/her designee, including for meals or rest breaks.

  8. Any information or records provided to the guard regarding individuals being guarded shall be treated as confidential, and shall not be divulged to anyone except as otherwise provided by Department of Justice and USMS policies and procedures.

  9. The guard will be responsible for adhering to the USMS policies and procedures pertaining to the handling and transporting of prisoners, the use of firearms, the use of deadly force, and other applicable policy and procedures that pertain to the assignment or to federal law enforcement officers.

  10. The guard shall report to work physically fit, mentally alert, and appropriately groomed.

  11. The guard shall have no history of alcohol and/or drug abuse.

Specific Requirements:

The guard will be required to perform guard services of the type set forth below at the request of the chief deputy U.S. marshal or his/her designee:

  1. Assist with application of restraints and maintaining daily inventory of restraints,

  2. Assist in detainee meal distribution,

  3. Assist in the guarding of detainees while boarding, being transported, and disembarking from vehicles and aircraft,

  4. Assist in the guarding and processing of detainees in the cellblock, courtroom, and during judicial proceedings,

  5. Assist in the guarding and transportation of detainees to and from medical appointments or while hospitalized for medical treatment,

  6. Assist with the pre-check of emergency and evacuation equipment,

  7. Assist with the monitoring of detainee needs,

  8. Assist with the handling of detainee property,

  9. Assist with detainee searches,

  10. Provide security within the USMS district office cellblock, including monitoring security equipment and patrolling the areas adjacent to the cellblock,

  11. Search and secure cellblock, and

  12. Guard seized assets as specified by the USMS.


All guards are required to comply with the following standards:

  1. Be courteous and demonstrate good manners.

  2. Maintain a respectful and helpful attitude in all endeavors.

  3. Maintain a neat, clean, and professional appearance, and comply with the security dress standards while on duty.

  4. Report to work physically fit and mentally alert. Immediately make appropriate notification to the chief deputy marshal or his/her designee if unable to perform per the Statement of Work.

  5. Prior to the assignment, report any circumstances which may adversely affect the mission to the chief deputy U.S. marshal or his/her designee.

  6. If guards should be detained or become aware that they are under investigation by any federal, state, or local agency, for any legal or ethical violation, they must report this to the chief deputy marshal and the contracting officer, no later than the next working day.

  7. Guards shall ensure that weapons are properly secured in a safe place to prevent theft, tampering, or misuse when not being carried.

  8. Guards will not engage in any discussions concerning Department of Justice or USMS internal matters, policies, grievances, or personalities with family members. In additions, guards will not discuss the above or financial, personal, or family matters, with prisoners/detainees, witnesses, protectees, any known associate of the above, or the public. Guards will not entertain, socialize, enter into business arrangements with, give legal advice or grant special favors to, or accept gifts or payment from detainees, friends or family members of the above.

  9. Guards will not accept or solicit gifts, favors, or bribes in connection with the performance of the Statement of Work.

  10. Guards will not allow detainees or the friends and family members of detainees into their home or living quarters (temporary or permanent).

  11. Guards will not visit the duty site during non-duty hours unless authorized to do so by the chief deputy marshal or his/her designee.

  12. Guards will not disclose any official information, except to the chief deputy U.S. marshal, his/her designee, or other officials having a need to know, or make any news or press releases without the express permission of the contracting officer. This does not prohibit protected whistle-blowing activities.

  13. Guards will refrain from any discussions concerning duty assignments, manpower, weapons, security precautions, or procedures in the presence of detainees.

  14. Guards will comply with applicable federal, state, and local laws while in performance of the Statement of Work.

  15. Guards will not knowingly file false or misleading statements or conceal material facts in connection with performance of the Statement of Work, travel vouchers, time sheets, or any record, investigation, or other proper proceeding.

  16. Guards will not discriminate against or sexually harass any person.

  17. Guards will ensure that all financial obligations are met.

  18. Guards will abide by all ethical standards of the Department of Justice regarding conflict of interest, outside activities, gifts, and use of federal property.

  19. Guards will not bid on or purchase in any manner, directly or through an agent, any property being offered for sale by the USMS or by others serving on behalf of the USMS.

  20. Guards will refrain from any activity which would adversely affect the reputation of the Department of Justice and the United States Marshals Service.

  21. Guards will avoid personal contact with persons known to be convicted felons or person known to be connected with criminal activities.

  22. Guards will avoid any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct and habitual, excessive use of intoxicants or non-prescribed drugs. Contract guards will abstain from the consumption of alcoholic beverages while on duty. Guards will not report for work under any conditions, which impairs the ability to perform as expected.

  23. Guards will always demonstrate the highest standards of personal and moral conduct.

  24. Guards will not operate a government vehicle, or any other vehicle while on government business, in an improper manner or under the influence of intoxicants or drugs.

  25. Guards will not misuse official authority, credentials, communications equipment, or weapons.

  26. Guards will not make false statements about fellow guards or officials with knowledge of the falseness of the statement or with reckless disregard of the truth.

  27. Guards will report violations of prescribed rules, regulations, and any violations of statute or law to the chief deputy marshal or his/her designee.

  28. Guards will comply with all USMS security procedures or regulations.

  29. Guards will not close or desert any post/area prior to release by the chief deputy U.S. marshal or his/her designee. Guards will remain at the assigned post/area until properly relieved or until the time that post/area is secured.

  30. The Guard will not fail, unnecessarily delay, or refuse to carry out a proper assignment that is directed by a supervisor.

  31. Guards will maintain proper care and custody of issued government property and the property of others.

  32. Guards will refrain from surreptitiously recording conversations between any USMS employees or contractors.

  33. Guards will conduct only official business on government property and telephones.

  34. Guards will refrain from neglecting duties. This includes sleeping on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the work site security.

  35. Guards will refrain from use of abusive or offensive language, quarreling, intimidation by words, actions, fighting, and participation in disruptive activities, which interfere with normal and efficient government operations.

  36. Within three days of completion of the contract guard's contract with the USMS, the contractor will be required to return all USMS-issued equipment/property to the chief deputy marshal or his/her designee.

Payment for Services:

The guard shall submit to the USMS or its designee, a written request for reimbursement on a bi-weekly basis or upon the completion of each assignment. The appropriate USMS form (USM-7 or the USMS Time and Attendance form) must list the trip number, the number of hours of guard services worked, and the days on which the services were performed. The guard is responsible for submitting in a timely manner the appropriate USMS-7 or Time and Attendance form to a supervisory deputy marshal for approval and payment.

Special Conditions:

All guards will serve at the discretion of the chief deputy marshal or his/her designee.

The guard shall perform the services stated herein with the full knowledge that the authority vested in him or her can be exercised only in furtherance of the objectives of this written Statement of Work and extend so far as may be necessary to faithfully fulfill the terms of this Statement of Work.

The guard is providing services under this contact as an independent contractor, and no master/servant, employer/employee, or agency relationship is created by this contract. The guard shall be reimbursed at the hourly negotiated rate set forth in the OF-347, subject only to withholding of federal and state taxes as required by 26 U.S.C 3402(a).

The Guard agrees that he/she is not an employee of the USMS or its designee and is not entitled to pension benefits, health benefits, or other federal employee benefits or services.

I have read and understand this Statement of Work, for the performance of guard services for the United States Marshals Service, and am in agreement with the Statement of Work as written. I understand that I am not an employee of the United States Government and I shall not represent that I am employed by the United States Government, Department of Justice, or the United States Marshals Service. I understand that all contracted working hours will be on an on-call/as-needed basis.

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