200 Chestnut St., Room 102
Philadelphia, PA 19106
U.S. Customs and Border Protection
Area Port of Philadelphia
Pipeline 15-005
Date: March 31, 2015
SUBJECT: Consolidated Port of Entry of the Delaware River and Bay Centralized Examination
Station (CES) Announcement and Selection Process
PURPOSE
This Public Bulletin is being issued to notify the importing community that U.S. Customs and
Border Protection (CBP) is now accepting applications to operate one (1) or more Centralized
Examination Stations (CES) in the Consolidated Port of Entry of Delaware River and Bay area,
excluding the Ports of Wilmington, Delaware, and Salem, New Jersey (hereinafter,
"Consolidated Port"), due to the expiration of the previous Consolidated Port CES Agreement.
The initial phase of the selection process will consist of a sixty (60) day open period during
which applications will be accepted. The open period extends from the date of this Public
Bulletin to Monday, June 1, 2015
DEADLINES
• Applications must be received by 5:00 p.m. on Monday, June 1,201560 calendar days
from the date of this notice. Applications received after this date and time will not be
considered. Applications found to be incomplete may not be considered. All applications must
be submitted in writing to the following address:
U.S. Customs and Border Protection
Attn: Susan Stranieri
Area Port Director-Philadelphia, PA
200 Chestnut Street, Room 102
Philadelphia, PA 19106
• Public Comments: The public is invited to submit written comments on the CES operations in
the Consolidated Port of Entry as specified in 19 C.F.R. §118.2. Public comments must be
received by 5p.m. on Thursday, April 30, 2015, 30 calendar days from the date of this
notice. All comments should be forwarded to the following address:
U.S. Customs and Border Protection
Attn: Susan Stranieri
Area Port Director-Philadelphia, PA
200 Chestnut Street, Room 102
Philadelphia, PA 19106
1
BACKGROUND
A CES is a privately operated facility where import and export merchandise designated by CBP
for physical examination is made available for inspection. The applicant selected as aCES
operator will perform cargo devanning and reloading for compliance, trade, fraud, agriculture,
outbound, and anti-smuggling examinations. The rules for establishing and selecting a CES are
delineated in Title 19, Code of Federal Regulations, Part 118 (19 C.F.R. §118).
Hours of Operation and Location of Facility
The CES will be open during the hours of7AM to 5 PM, Monday through Friday. These hours
and days of operation may change in the future, dependent upon the needs of CBP and the local
trade community. Due to the sporadic nature of examination referrals, the CES operator must
agree to provide irregular after-hours service to meet unpredictable workload increases or
changes in operating hours. CBP controlled access to the facility and dedicated CBP office
space in direct support of CBP inspections are required on a daily twenty-four (24) hour basis.
The physical location for (a) potential CES site(s) will be evaluated on a case-by-case basis,
utilizing such factors as the distance from cargo facilities within the geographical area covered
by the CES Program, the highway systems, and ease of access by the public.
Scope of the Consolidated Port of Entry CES Program
All containerized cargo arriving in the Consolidated Port area will be subject to examination at a
CBP established CES located in the Consolidated Port for Anti-Terrorist Contraband
Enforcement Team (A- TCET), Trade Compliance, and Agriculture examinations with the
following general exceptions:
• Cargo arriving in the Port of Wilmington, Delaware, and Salem, New Jersey, are
excluded from the CES program;
• Break bulk cargo;
• Containerized cargo subject to Agriculture examination that is manifested as pier-to-pier,
containers; and
• Containerized cargo that is manifested as door-to-door or house-to-house delivery that
are designated for partial strip Agriculture examinations, Agriculture rear door
examinations, and seal checks.
Please note that these general exceptions are subject to change at the Port Director's discretion as
described in 19 C.F.R. §§151.1-.l5.
Who May Apply
All parties interested in being designated as a CES must submit a CES Application Form and
proposed Fee Schedule. See 19 C.F.R. §118.11.
Any false statements made in any application submitted in response to this Public Bulletin may
result in disqualification and possible prosecution under the provisions of 18 U.S.C. §1001.
An application and minimum requirements package may be requested by calling 215-717-5901
or in person at the Customhouse, U. S. Customs and Border Protection, Philadelphia Port Office,
200 Chestnut Street, Room 102, Philadelphia, Pennsylvania.
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Since the Area Port decided to cancel all previously started application and selection processes,
and issue this new announcement, any applications for a CES received under any previous
announcement, will not be considered under this new announcement and a new application, in its
entirety, must be submitted.
CES Agreements and Responsibilities of the CES Operator
The applicant(s) tentatively selected to operate a CES must sign a written agreement with CBP
(19 C.F.R. §118.3) and secure a CES Operators Bond set in the amount deemed appropriate by
the CBP Port Director before commencing operations (19 C.F.R. §118.4). The CES(,) selected
will operate in the Consolidated Port for a period of not less than three (3) years or more than
five (5) years. The final agreement will specify the duration of the authority to operate the CES.
CES operators may reapply at the expiration of their agreement in accordance with the
regulations.
As outlined in 19 C.F.R. §118.4, the Service Contract Act, applicable provisions of Federal
Acquisition Regulation (FAR), Executive Order 12989, and the CES Agreement, the CES
operator must agree to:
a)
Comply fully with the requirements of Executive Order 12989 dated February 13,
1996, particularly with Sections 1(a) and (b), which pertain to the unlawful
employment of aliens, anti-discrimination requirements of the Immigration and
Nationality Act and of any other applicable law. These requirements apply to all
persons working, assigned and/or detailed to the CES facility including all casual
and/or temporary labor utilized by the CES operator;
b)
Comply fully with the Department of Labor regulations subject to the Service
Contract Act and the applicable provisions of the Federal Acquisition Regulation
(FAR);
c)
Maintain the facility designated as the CES in conformity with the security standards
outlined in the application, Treasury Decision 72-56, "Standards for Cargo Security;"
and CBP minimum physical security requirements pursuant to 19 CFR 118.4 (d) and
(k).
d)
Provide adequate personnel and equipment to ensure reliable service for all types of
cargo designated for inspection by CBP and provide that service on a "first come-first
served" basis with the understanding that all Customs-Trade Partnership Against
Terrorist (C- TPAT) members will have Front of the Line Privileges, except in cases
where granting such privileges will cause damage to other merchandise;
e)
Assess fees as outlined in the fee schedule included in the application or as changed
under 19 C.F.R. §118.5, and bill users directly for services rendered;
f)
Assume responsibility for any charges, expenses, damages, or injuries resulting in
connection with the operations of the CES;
g)
Maintain, at his/her own expense, adequate liability insurance with respect to the
property within his/her control and persons having access to the CES;
h)
Keep current a list of all employees involved in the CES operation, including all
casual and/or temporary labor if utilized, and provide the list to the Port Director;
i)
Submit upon request, the fingerprints of all employees involved in the operation of
the CES;
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j)
k)
1)
m)
n)
0)
p)
q)
r)
s)
Any changes (new hires, resignations, removals, etc.) in employee status must be
provided to the Port Director in writing within 10 calendar days of the change;
Provide written notification to the Port Director, within 10 calendar days of learning
that the proposed CES operator, or any officer, managing official or a person the Port
Director determines is exercising substantial ownership or control over such operator
or officer, is indicted for, convicted of, or has committed acts, which would constitute
a felony, or a misdemeanor involving theft or a theft-connected crime;
Maintain a CBP custodial bond in an amount set by the Port Director;
Maintain and make available for CBP examination all records connected with the
operation of the CES and retain those records for not less than five years from the
date of transaction or examination;
In accordance with applicable CBP facility design and security standards, provide
turnkey office space, parking spaces, appropriate sanitary facilities, maintenance,
periodic upgrades, and potable water to CBP at no charge or a charge of $1 per year;
Ensure that all CES facilities comply with applicable Occupational Safety and Health
Act (OSHA) requirements;
Comply with all applicable federal, state, and local laws, ordinances and/or
regulations as they would apply to the fulfillment of the responsibilities and service
provisions as a designated CES operator;
Provide transportation for merchandise to the CES from within the Port boundaries as
determined by the Port Director.
The CES operator must agree to participate in the Automated Manifest System
(AMS) in the Automated Commercial System (ACS) and is expected to transition to
the Automated Commercial Environment (ACE) as it becomes available.
Perform in accordance with any other reasonable requirements imposed by the Port
Director, to including the provision of all CBP identified minimum operational
equipment requirements, including CBP LAN/DataIVoice and Non-Intrusive
Inspections (NIl) per 19 CFR 118.4 (d) and (k).
Application Process
Potential applicants are advised that all material submitted in the application process becomes
the property of CBP. All information included in the CES application can and will be subject to
review, investigation, and verification. Information included in the application materials will be
utilized to determine an applicant's suitability for consideration in obtaining CES operator
privileges.
Specifically, if upon review it is determined that the applicant, or an officer, managing official,
or a person the Port Director determines is exercising substantial ownership or control over such
operator or officer of the CES, is indicted for, convicted of, or has committed acts, which would
constitute a felony, or a misdemeanor involving theft or a theft-connected crime, that applicant
will be precluded from any further consideration in obtaining CES operator privileges.
In addition, previous failure to comply with any applicable laws, regulations, rules and/or orders,
including but not limited to orders issued by the Port Director, by the applicant and/or its
employees will be considered and may preclude the applicant from further consideration.
4
Applicants are requested to provide an "Authorization for Release of Information" (Attachment
2) for all persons who have direct or indirect financial interest in the proposed CES operation,
and are officers and/or managing officials of the proposed facility. The submission of this
release is voluntary; however, failure to provide the "Authorization" may hinder the
investigation process.
The application to operate a CES must contain specific information as required by 19 C.F.R.
§118.11. The service capabilities offered and the physical characteristics of the potential CES
location must meet certain minimum standards (see Attachment 1). Applications not providing
the required information will not be considered.
The Port Director will select the applicant who will best meet the examination needs of CBP and
has the ability to facilitate the movement of import/export cargo as directed by CBP. Additional
consideration will be given to those applicants who exceed the minimum required standards as
well as the evaluation criteria.
Those items annotated below with an asterisk (*) are the minimum criteria that will be used to
judge the applications. However, complete and accurate responses must be provided for all the
items listed. Failure of a CES applicant to meet any of the minimum standards will
preclude further consideration of the application.
1. Provide the name and address of the facility to be operated as the CES, and the name and
telephone number of an individual to be contacted for further information;
2. Provide an identification of the applicant, and type of business entity, e.g., corporation,
partnership, sole proprietorship, or other legal identity.
• Corporations must provide a certified extract of the articles of incorporation.
• Partnerships must provide a signed copy of the partnership agreement.
• Fictitious names - if the applicant is conducting business under a fictitious name, so
state and provide a copy of the fictitious name filing.
• Sole Proprietors must identify themselves as such.
3. Provide a current list of all persons who have direct or indirect financial interest in the
proposed CES operation, and all officers and managing officials and all non-CBP personnel
having access to the CES area (drivers, warehouse workers, office personnel, etc.) of the
proposed facility. The list must provide the following information:
Full name
Company title (position)
Social Security Number (voluntary, but failure to provide may hinder
investigation)
Home address
Date of birth
Place of birth
Telephone number to be contacted for further information.
5
Note: In the case of individuals born outside the United States, provide the person's Alien
Registration number, or place and date of naturalization. Providing social security numbers is
voluntary; however, failure to provide the numbers may hinder the investigation process. 19
C.F.R.§118.l1(f).
4.* Applicants must provide a detailed explanation of the means and methods by which the
information as outlined in number three above, was obtained for any individual who will be
coming in contact and/or handling any merchandise under CBP control, and/or allowed access to
any CBP restricted access areas within the CES.
5. Any changes (new hires, resignations, removals, etc.) in employee status must be provided to
the Port Director in writing within 10 calendar days of the change.
6. Provide the fingerprints of all persons who have direct or indirect financial interest in the
proposed CES operation and all officers and managing officials of the proposed facility.
7. Provide written notification to the Port Director within 10 calendar days of learning that the
proposed CES operator, or any officer, managing official or a person the Port Director
determines is exercising substantial ownership or control over such operator or officer, is
indicted for, convicted of, or has committed acts which would constitute a felony, a
misdemeanor involving theft, or a theft-connected crime.
8. * Provide a description of the CES' s accessibility from the port, railhead and freeway access
points. The starting point for the distance from the Port is to be calculated from the CBP
Customhouse located at 200 Chestnut Street, Room 102, Philadelphia, PA 19106.
9. * Provide a floor plan of the facility actually dedicated to the CES operation showing bay
doors, exterior features, security features, staging and work and office space. The CBP areas
must be visually and physically secure. NOTE: Applicants are advised to refer to
Attachment 1, Minimum Requirements portion in this bulletin.
10. * Provide a detailed list of equipment and explanations of logistical capability that confirms
that the applicant can make a variety of cargo available for examination in an efficient and timely
manner. Include all relevant specifications for the type of cargo handling equipment to be
employed.
11. * Provide a schedule of fees utilizing the attached CES Rate Schedule (Appendix B) clearly
showing what the applicant will charge for each type of service. An Applicant's Fee Grid should
clearly show what the applicant will charge for each type of service, and reflect any special costs
incurred by the applicant, such as facility modifications to meet specific cargo handling or
storage requirements or to meet CBP security standards. The fees set forth in the schedule shall
be comparable to fees charged for similar services in the area to be served by the CES. If any of
these fees are deemed excessive, that fact may be considered in the selection.
6
12. The CES operator agrees that no bonus, rebate, remuneration or anything of value may be
offered, paid or transferred to any person as an incentive or reward for the referral of cargo
examination business. This does not prohibit legitimate fee arrangements between aCES
operator and an importer or broker, such as those based on the prompt payment of CES charges
or trade discounts. However, all such arrangements must be included in the CES operator's fee
schedule as required by 19 C.F.R. §118.4 and §118.5.
13. Provide a copy of an approved custodial bond on Customs Form 301 in the amount of
$150,000 or greater. The actual amount of the bond will be determined by the Port Director. If
the applicant does not currently possess such a bond, a completed CF 301 must be included with
the application for approval as a prerequisite to selection.
14. *Provide information showing the applicant's experience in international cargo operations
and knowledge of CBP procedures and applicable regulations, or a commitment to acquire that
knowledge.
15. Provide any information that relates to the other commercial business activities or
relationships ofthe applicant, including any other business activities or relationships with CBP.
16. Provide CES operators procedures for the detection, decontamination, and removal of
hazardous material. The CES operator must be able to comply with all statutes and regulations
pertaining to the transportation and storage of hazardous materials, including but not limited to
40 C.F.R. Parts 263 and 265.
17. Describe the facility's capability to handle the examination storage of refrigerated containers
and provide the temporary cold storage warehousing of cargo to facilitate the CBP examination
process.
a. Storage - Number of electrical outlets dedicated to providing power to refrigerated
containers within the confines of the secured facility.
b. Examinations - Ability to provide examination tables and temporary cold storage
warehouse space or alternative options to facilitate the examination of perishable cargo in
a cold storage environment, such as privately owned/controlled refrigerated containers.
18. Provide an internal or company operated container tracking/availability
system.
19. Provide transportation for merchandise to the CES from within the port boundaries. The
CES operator will receipt for the merchandise when picked up and assume liability for the
merchandise at all time.
Applicants are advised that the designation of CES status covers only the facility described in
their application. If any successful applicant changes the location of the facility during the term
of their agreement, their status as a CES will be terminated. Further, the designation as aCES
operator cannot be sold, transferred, inherited, or conveyed in any manner (19 C.F.R. §118.3).
All corporate applicants must submit a corporate resolution authorizing the signatory to act on
behalf of the corporation.
7
Any materially false statement on the application may result in disqualification and possible
prosecution under the provisions of 18 U.S.C. §1001.
Closing Date
Applications must be received by the close of business Monday, June 1,2015. Applications
received after the closing date/time will not be considered. Applications found to be incomplete
may not be considered. All applications must be submitted in writing to the following address:
U.S. Customs and Border Protection
Attn: Susan Stranieri, Area Port Director
US Customhouse
200 Chestnut Street, Room 102
Philadelphia, PA 19106
Selection Process
Following the sixty (60) calendar day "open season," the Area Port Director will issue a Public
Bulletin advising the trade community of the applications received and will publish the following
information for each application:
Name of Applicant
Address of the facility proposed to be operated as aCES
Proposed fee schedule
List of equipment at the facility
Number of employees to be involved with the CES operation.
Any interested party will have thirty (30) calendar days from the date of the Public Bulletin to
submit written comments for the Port Director's consideration as specified in 19 C.F.R. §118.12.
All comments should be forwarded to the following address:
U.S. Customs and Border Protection
Attn: Susan Stranieri, Area Port Director
US Customhouse
200 Chestnut Street, Room 102
Philadelphia, PA 19106
CBP will conduct a facility site survey for each applicant having timely submitted a complete
application package that meets the designated minimum requirements. The purpose of the
survey will be to verify the information provided on the application and determine a facility
rating.
Facility ratings will be determined based on a standardized points system relative to specific
valuation criteria contained in the CES Minimum Requirements in Attachment 1. Additional
consideration, in the form of points, will be given to those applicants who exceed the minimum
required standards, as applicable to the designated evaluation criteria.
8
After reviewing all applications, comments submitted under 19 C.F .R. §118.12, and the overall
facility rating as determined by the CBP established CES Review Team, the Port Director shall
determine whether an applicant should be selected, and if so, shall tentatively select the
applicant(s) who will be granted authority to operate aCES.
The Port Director will select the applicant( s) who will best meet the examination needs of CBP
and demonstrate the ability to facilitate the movement of import/export cargo, as directed by
CBP. Additional consideration will be given to those applicants who exceed the minimum
required standards as well as the evaluation criteria.
Written notice will be sent advising the applicant(s) of either its tentative selection or nonselection. Each applicant that is not selected will be advised of the reason for non-selection.
A tentative selection will become final upon execution of written Agreement between CBP and
the applicant under section 19 C.F.R. §118.3.
A Public Bulletin will be issued to advise the trade community of the tentative selection(s) and
proposed date(s) that CBP CES operations will commence.
If significant capital expenditure would be required in order for an existing facility to meet
security or other physical or equipment requirements necessary for the CES operation, an
applicant may request in the application time to conform the facility to such requirements. Upon
request in the application, the Port Director may grant an extension to bring the facility into
conformity with CBP requirements. In such cases, the CES Agreement shall not be executed
until these requirements are met. CBP will verify the level of conformity with the requirements
prior to the final Agreement being executed. If the requirements are not met, the CES tentative
selection will be withdrawn and another applicant tentatively selected.
If you have any questions in regard to this Public Bulletin, please contact the Office of the Area
Port Director, Susan Stranieri at 215-717-5900 or the Chief of Trade Operations, Bernadette
Howe, at (215) 717-5818.
.4-u~_.J(JMioJ.lk
Susan Stranieri
Area Port Director-Philadelphia
Philadelphia PA
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Attachment 1
Centralized Examination Station (CES)
Operational and Facility Characteristics
and Minimum Requirements
U.S. Department of Labor Compliance
The U.S. Department of Labor (DOL) advised U.S. Customs and Border Protection that CES
facilities may be subject to the Service Contract Act (SCA) of 1965, as amended. If so, CESO
compliance is strictly enforced. Please contact the DOL for guidance.
McNamara-O'Hara Service Contract Act (41 U.S.C.) and Federal Acquisition Regulations
(FAR) Compliance
The CES Operator (CESO) is responsible for complying with the McNamara-O'Hara Service
Contract Act, 41 U.S.C. § 351, et. seq., where applicable, and the Federal Acquisition
Regulations (FAR) found at FAR 52.222-1 and 52.222-41 through 52.222-43. For further
information please contact the General Services Agency (GSA).
CES Operational and Facility Characteristics
The following criteria are the CBP minimum standards for operational and facility
that must be met for consideration as a CESO. Failure to meet any of the minimum
preclude the applicant from further consideration. Additional consideration in
standardized points system will be given to those applicants who exceed
requirements, as well as evaluation criteria.
characteristics
standards may
the form of a
the minimum
The CESO must be able to provide service and use of the warehouse facility based upon the needs
of CBP. Normal operating hours for CES facilities will be from 7:00 AM - 5:00 PM, Monday
through Friday, but may be increased to include a second (swing) shift and/or weekends based
upon workload.
Based upon CBP operational needs, the facility must be available for use on a 7 day, 24 hour basis.
CBP will be responsible for advising the CESO when after-hours services will need to be provided.
After-hours availability will be required on a regular and recurring basis.
Access to all CBP designated operations support space and equipment storage areas within the
CES must also be available on a 7 day, 24 hour basis. Specific procedures for this access will be
determined on a case-by-case basis following the final determination of the designated CES
locations.
The CES facility must have a permanent physical barrier separation between CES cargo and any
other cargo and/or items not specifically under CBP control or assigned to the CBP area by the
CESO. Permanent is to mean not capable of being moved without the use of heavy equipment
and not able to be physically scaled over.
All CBP designated areas and the CES facility must have a professionally installed, working
alarm system, controlled by CBP. The system must be capable of monitoring all entrances
(through either hard point, motion detector, or any other means of effective coverage).
1
Attachment 1
All CBP designated areas must have controlled/restricted access from the public and/or
unassigned personnel. All CESO employees involved in CES operations must be issued an
identification card by the operator, with a clear designation for CES access. This ID card must be
visible and worn by CES employees when engaged in CES operations.
The CES facility must be subject to security controls (i.e., viewed by Closed Circuit TV, roving
guard patrols, etc.) on a 7-day, 24-hour basis. CBP must have access to view these Closed Circuit
TV (CCTV) cameras at all times and in at least two terminals.
Entrance to CBP controlled gates and buildings must utilize a HSPD-12 compliant Physical
Access Control System. The access card readers must be both 125 kHz (Proximity capability)
and 13.56 (HSPD-12 Compliant) compatible.
The CESO must provide an internal or company operated container tracking/availability system.
The tracking system must be capable of providing the ability to find information on current and
past inspections conducted at the CES. At a minimum, the information should be capable of
being organized by status, examination type, carrier, bill oflading number, and container
number.
The CESO is responsible for funding all costs associated with operating a CES, including
inspectional and operations support required equipment and furniture/furnishings, e.g.,
telephones, either through direct payment to a CBP-approved vendor, or by reimbursement to
CBP.
CESO must also provide an elevator within the CES facility when more than one level.
CESO must provide handicap ramps to all CBP entrances/exits.
The CBP Program Manager (PM) has final approval authority for meeting CBP operational
requirements and will provide official specifications to the CESO, as needed
CES Minimum Requirements
I.
Area of Consideration
The physical location for (a) potential Consolidated Port CES site(s) will be evaluated on a caseby-case basis, utilizing such factors as the distance from cargo facilities within the geographical
area covered by the CES Program, the highway systems, and ease of access by the public.
II.
Yard Area
The CES facility must have a dedicated fenced container storage area. The yard facility must
consist of secured fencing that encloses the areas around cargo storage structures, support
buildings and exterior stored cargo. The area must be subject to security controls (i.e., viewed by
CCTV, roving guard patrols, etc.) on a 7-day, 24-hour basis.
The CCTV system must be recorded 2417 with a minimum 30 day retention period. The CCTV
system must be accessible to CBP at all times.
2
Attachment 1
Bi-annual checks for fencing repair must be conducted and reported to the CESO. If repair is
needed due to inclement weather, accidents, etc., repairs must be conducted immediately by the
CESO.
The minimum standard for container storage capability of the CES is two container yard spaces
for each container space at the door (one is in front of the door outside and two additional spaces
in the common yard). For example, if the facility has 10 cargo doors each servicing two
containers, there must be a minimum of 20 container spaces available elsewhere in the yard. This
would result in a minimum ability of that yard to hold 30 containers. Likewise, for every
additional door space two additional spaces must be provided.
A minimum of two yard tractors for the movement of containers within the complex is required.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
III.
Cargo Doors
The number of cargo doors is interpreted as the number of containers that can be worked
simultaneously at each entrance and dedicated full time for CES operations, regardless of
workload.
The cargo door entrances must be the same height as the dock. If not, some kind of specialized
equipment must be present to ensure that devanning/revanning of cargo is completed in an
efficient manner.
The minimum requirement of this CES is 10 single doors or 5 double doors capable of servicing
two containers simultaneously with direct backup to the warehouse and 4 single doors or 2
double doors under a warehouse apron, with direct access to the warehouse and sufficient
exterior lighting.
Additionally, the bay doors should be able to handle a wide variety of container sizes. One bay
should be large enough, and be ramp accessible, to allow for the entry and housing of specialized
CBP vehicles. Each cargo door should have enough floor queuing space adjacent to it to allow
complete devanning of the container within that space, and provide sufficient room to examine
the cargo.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
IV.
Warehouse Facility
The facility must fully comply with the Occupational Safety and Health Act (OSHA) standards.
Fixed, electrical outlets are required at every bay door for container examination. The CES must
also have outlets available for refrigerated containers. In the examination area, lighting must
provide sufficient illumination to meet safety considerations and examination requirements.
3
Attachment 1
Container positions must include a safe, dependable, and recurring means of illuminating the
interior of containers being unloaded.
The CES facility(s) must have a minimum of 10 outlets for refrigerated containers.
Warehouse Entry Point for Storage of Large Scale Technology (storage from severe weather
conditions)
• Minimum Height of 16ft
• Minimum Width of 15ft
Warehouse Requirements:
Inspection/Conveyance Requirements:
o Cargo Doors: Total of 14 Bay Doors
• Ten (10) Bay Doors or five (5) Double Bay Doors with direct backup to warehouse
• Four (4) Bay Doors or two (2) Double Bay Doors under an apron with direct access to
the warehouse and sufficient exterior lighting.
Stationary Pallet Rapidscan
o Climate Control Area
o Footprint for Loading and Unloading Safely Pallets and or Loose Freight onloffX-Ray
(TBD)
o Machine
o Dimensions of Unit = 21ft (L) x 9ft (W) x 6ft 9in (H)
o Electrical Cabling and Proper Watts!Amps
o Movement of CBP Rapidscan from previous CES to present CES
Mobile Rapidscan X-Ray
• Exhaust Plan for hoses outside
• Possible Electrical Hook-up
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
V.
Cargo/Container Manipulation Space
The CESO must have the ability to ensure that devanned cargo is repacked in the same manner
in which it was originally packed. If a seizure of any type of commodity ensues, the CESO is
responsible for having adequate space to store and/or stage pallets/freight for CBP to conduct the
necessary measures for seizure/detention processing.
Minimum standard is the ability to unload a 40ft unit container and stack cargo in one straight
line at each cargo door dedicated for CBP use.
In most cases, cargo must be stacked no higher than four feet high (depending on characteristics
of the cargo. For example, exceptions would be very large crates, machinery, etc.).
4
Attachment 1
•
A minimum of 6ft of open floor space (on each side) is required for each shipment staged for
inspection.
•
A minimum of 1,000sf of open floor space adjacent to the door and between the door and the
area where cargo is to be staged for inspection is required. (Calculation: 10 doors x 12ft (6ft
each side of door) = 120ft x 1,000ft (across 10 doors) = 120,000 x 40ft (length of container)
= 4,800ft /144 sf= 33,333sf)
•
The minimum cargo staging area dedicated full-time for CES operations regardless of
workload for CBP at each CES designation is approximately 33,500sf.
The CES must have an additional dedicated area for the breakdown and manipulation of cargo as
needed by importers to bring cargo into compliance under CBP supervision. This area must be
dedicated full-time to cargo requiring manipulation, regardless of workload.
•
•
•
•
Minimum Cargo Manipulation Area (30ft L X 100ft W, desirable) = 3,000sf.
One or more tractors are required for the movement of containers within the complex.
Designated Holding/Waiting area for containers awaiting service. This area should be a
separate and secure area designated for cargo/containers that are pending CBP exam. Truck
lanes should be clearly marked to facilitate spotting containers at cargo doors.
Comprehensive Traffic Control Plan must be provided, which ensures that trucks waiting to
enter the facility do not interfere with street traffic. Trucks waiting to stage inside the CES
should not block parking spaces or interfere with internal traffic flow.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
VI.
Storage
The CES facility must have a permanent, enclosed high security storage area, capable of being
locked for temporary seizures/detentions. This area must be dedicated full-time for CES
operations regardless of workload. It is located adjacent to the work area.
Permanent is to mean not capable of being moved without the use of heavy equipment and not
able to be physically scaled over. For instance, "Jersey" K-rail barriers alone would not meet
both of these requirements, unless it had specific fencing that could not be easily lifted running
completely to the ceiling and/or had barbed wire attached to it with a locking gate.
•
•
The minimum space requirement for a storage area for the CES is 2,500s[. Two 40ft
containers must be able to fit into the security storage area. Clearance through the security
storage area doorway must be provided to transport said containers into area if necessary.
This storage area should also have sufficient area to store CBP owned equipment.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
5
Attachment 1
VII. Minimum CBP Operations Support Space
Adequate furnished and outfitted CBP operations support work space is provided for CBP
employees, configured to CBP minimum specifications, and is located in close proximity to the
devanning area. Direct access to/from devanning and examination areas required. Potable water
and separate CBP only sanitary facilities, including showers and lockers, and other
miscellaneous spaces are required in support of CBP inspections, as follows.
Separate walled-off office space within the CBP area must be provided for CBP Supervisors,
Canine Enforcement Officer and Lactation Room as well as a separate gun storage room.
•
•
Minimum number of CBP Officer workstations/cubicles required (8ft L x 8ft W): 10
Minimum number of private offices with workstations (10ft L x 15ft W): 4
• Supervisor Office (2)
• Canine Enforcement Office (1)
• Lactation Room (l)
Requirements Clarifications:
Access Control Equipment/Cabling (selection and costing to be arranged between
CBP/Operator):
• DHS PIV Access Card Required Entry Into CBP Office Space, Warehouse and
Inspection Areas
CBP dedicated Closed Circuit TV
• Equipment
o Audio/Video Recorder with Cabling and ability to remotely access via Wireless
o Cameras with Pan Capability in General Office, Warehouse and Any Inspection Area
with Cabling
o Minimum of 4 Audio/Video Monitors (24in) for CCTV system
Commercial Satellite Equipment
• Service and Cabling
• 40in television in Main Office Area
• 40in television in Break Room
Inspection/Conveyance Requirements:
• Cargo Doors: Total of 14 Bay Doors
o Ten (10) Bay Doors or five (5) Double Bay Doors with direct backup to warehouse
o Four (4) Bay Doors or two (2) Double Bay Doors under an apron with direct access
to the warehouse and sufficient exterior lighting
Conference Room:
o AudioNideo Display Unit (Monitor and/or Smartboard) in Conference Room
• 50 inch" Screen
• Connected to Computer System
• Cabling for Entire system
• Dimensions 28ft X 15ft = 420sf
6
Attachment 1
White Board for Operational Purposes
o
•
60in x 48in
Radio Equipment:
o
o
Radio Antenna
3 Radio Base Stations (One in Supervisor, One in General Office and One in
Inspection Area)
Repeater Housing (if necessary)
Cabling
o
o
IDSM Screen/Computer System (either General Office or Break Room - TBD)
o
o
1 Monitor (50in) with Cabling
Computer with Cabling and data line drop
Fax Machine
One (General Office)
Restrooms FacilitiesILocker Rooms:
Men's
2 Sinks
1 Shower
2 Bathroom Stalls (Full
2 Urinals
6 GFIs (2 in Sink Area)
Women's
2 Sinks
1 Shower
3 Bathroom Stalls (Full
6 GFIs (2 in Sink Area)
Toilets)
and (4 in Locker Area)
Toilets)
and (4 in Locker Area)
The CBP PM hasfinal approval authorityfor meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
VIII. Parking
All CBP parking areas must be secured, within close proximity to the CBP areas and available
for CBP access on a 7-day, 24-hour basis.
The CES facility must have a secured dedicated fenced area for parking all CBP employee
vehicles and enclosed secured dedicated parking for Government Owned Vehicles (GOV) within
close proximity of the CBP areas. Controlled access to CBP parking areas is mandatory. CBP
parking areas must be subject to security controls (i.e., within sight of the gatehouse, viewed by
CCTV, roving guard patrol, etc.).
•
Minimum number of parking spaces for Privately Owned Vehicles (POV)
(20ft L X 10ft W): [20]
7
Attachment 1
•
Minimum number of parking spaces for Government Owned Vehicles (GOV)
(20ft LxI Oft W): [25]
•
Minimum number of parking spaces for Oversized GOVs
(40ft L x 10ft W): [6]
Outside Parking Requirements:
Vehicles & Large Scale EquipmentITechnology:
o 45 vehicles (Sedans, SUVs and Trucks)
o 1 Vehicle And Cargo Inspection System (VACIS)
• 27.5ft (L) x 8f (W) x 11.25ft (H)
o 1 Smith's Heimann Cargo Vision Machine (HCVM)
• 40ft (L) x 10ft (W) x 13.50ft (H)
o 1 Tool Truck
• 23ft (L) x 9ft (W) x 10ft (H)
o 2 Mobile RPMs
• 24ft (L) x 9ft (W) x 13ft (H)
o Vehicle Ramp/Trailer
• 21ft (L) x 10ft (W) x 11ft (H)
IX.
LANITelecommunications Room
Each CES location must provide dedicated space within the CBP CES space to house automated
systems/support equipment and internal phone systems. The minimum space and other
requirements for the LAN and Telecommunications support room are:
LAN/Telecom room must be constructed with 9 gauge diamond mesh expanded metal
wall/ceiling reinforcement or 8" CMU. The room must be inspected by CBP prior to covering.
Support room requires an intrusion detection system that provides perimeter and volumetric
protection/detection of unauthorized access. Moreover, the LAN/Telecom room must:
• Be a minimum of 200sf
• Be climate controlled with an "in-room" thermostat
• Have operational climate control on a 24hr, 7-day a week basis
• Have a dedicated 20 and 30 amp quad outlet
• Have three standard phone line jacks
• Access Control: Card Reader (HSPD 12 compliant)
• Have Backup Cipher Lock;
• Be lit with incandescent lighting, if possible
• NOT have sprinklers; but a type of dry fire suppression system
• Be highly resistant and/or impenetrable to vermin and/or pest infestation/access from the
walls, ceilings, and doors
• Have %" thick 4'x4' (minimum) fire rated backboard
• Have anti-static tile flooring
• Have installed telecommunication grounding bus bar
8
Attachment 1
CBP Operations Support Space Data Processing Requirements
•
•
•
•
•
•
•
•
Each desk/workstation must have at least two data jacks;
Each desk/workstation must have at least one phone jack;
Each desk/workstation must have at least two duplex electrical outlets (preferably on
opposing sides of the workstation);
CAT6 cable is required;
The common workroom shall contain a minimum of 8 of each above requirements;
No more than four workstations may be placed on anyone dedicated circuit;
At minimum, four additional data jacks for network printers; and
Nine dedicated circuits (for workstations, each location)
For additional data processing and telecommunications
assigned to this project.
requirements, please contact the CBP PM
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
X.
Canine KennellHolding Area
The CES operator(s) provides a canine dry holding area for CBP Detector Dog(s). The Canine
Dry Holding area must also be adjacent and/or within reasonable visual vicinity of the CBP
office space. Preferably, the canine dry holding area is not situated in a common passage route
used by CBP personnel, or the public, thereby causing distractions to the Detector Dogs.
Minimum space requirements:
• For canine dry holding kennel area is 8sffor up to two canine.
• Floor: Seamless epoxy-resin flooring system sloped to floor drain.
• Walls: 8" CMU finished with epoxy paint.
• Ceiling: 5/8" gypsum board, STC rating 50-55. Acoustical tile not permitted.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XI.
Non-Intrusive Inspections (NIl) Equipment
The CESO is responsible for funding all costs associated with the potential acquisition and/or
relocation of any NIl equipment operationally required by CB either through direct payment to a
CBP-approved vendor, for CBP specked equipment, as to be determined by CBP upon tentative
selection.
The CESO is also responsible for funding all costs associated with the relocation, upgrade, repair
and/or installation of any existing NIl equipment that may be available as government furnished
equipment (GFE) for operations at the location. The CESO funds all costs through direct
payment to a CBP-approved vendor, as to be determined by CBP. In event GFE NIl equipment
is relocated by other than the CBP-approved vendor the CESO bears all risk of any damage
resulting in/to the GFE system and the repair and restoration of the system becomes the
immediate and sole funding obligation of the CESO.
9
Attachment 1
The cost of Operations and Maintenance (O&M) for a new and/or relocated existing GFE NIl
system shall be the financial obligation of the CESO unless CBP retains a maintenance contract
for the system. The CESO must fund the purchase and O&M for a new NIl system, and/or
accept the financial obligations for the all transport, staging, infrastructure, and installation and
O&M for a new or an existing GFE NIl system. NIl training costs for CBP employees is also the
responsibility for the CESO. All site preparations, repairs, and required environmental clean-ups
for CBP NIl equipment installed at the receiving and/or losing CES location are the financial
obligations of the newly selected or expiring CESO, respectively.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XII.
Kitchen/Break Room:
The kitchen/break room shall include tables and chairs for a minimum of 20 people, a
microwave, sink with hot and cold running water and a refrigerator. This area should also be
stocked with paper towels, soap, toilet paper and maintained by the custodial staff.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XIII. Lactation Room:
The CESO is responsible for creating a permanent room/office to be used as a Lactation Room.
This room should be dedicated to CBP employees only.
• Have a refrigerator, table and chair available
• Have a lock on the inside of the door as well as the outside (isolation lock on the inside)
• Have a sink with hot and cold running water
• Have a standard outlet (11 OV)
• Be climate controlled
• Be kept clean at all times
• Have sanitary supplies such as disinfectant wipes, paper towels, hand sanitizer, and a
wastebasket
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XIV. Sanitary Facilities
CBP operations support space must have separate sanitary facilities for CBP use only. Separate
sanitary facilities must be provided for male and female employees. There must be a sufficient
number of sanitation facilities to accommodate all CBP employees assigned to the CES facility,
and must be ADA compliant and any other applicable codes based on the number of CBP
employees assigned.
10
Attachment 1
Anticipated CBP staffing for this CES is 20 persons or more on any given shift (Supervisors,
Canine Officer, Officers, Agriculture Specialists). Facilities must have running hot and cold
water available. A minimum of2 shower stalls (1 male, 1 female) must be dedicated for CBP
use only. The facility must be stocked by the CESO with normally expected sanitary amenities
(i.e. soap, toilet paper, paper hand towels, mirrors, medicine cabinet, seat covers, etc.)
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XV. Maintenance Services
Regular maintenance services with supplies must be provided. Custodial staff may not be issued
any keys to CBP designated areas. Cleaning services are to be provided during CBP hours of
operation. Custodial services will not be required outside of normal operating hours. The types of
services required and minimum mandatory frequency are:
• Trash pick-up
Minimum once a day
• Kitchen/Break room area cleaning services
Minimum once a day
• Bathroom cleaning services
Minimum once a day
• Office cleaning services
Minimum once a day
• Window, carpet (shampoo), vent, and/or other major cleanings Quarterly
• HVAC Systems Filter Cleaning/Replacement
Quarterly
The CES facility must have an exterminator/pest control program. The CBP operations support
space must be constructed and/or modified to reasonably withstand/minimize the potential for
vermin and/or pest infestation/access. These areas include the walls, ceilings, and doors/entry
ways. This is a minimum standard. Failure to meet minimum standards will preclude the
applicant from further consideration.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
XVI. Secure Tool Storage and Work Space Area
CESO must provide an area adjacent to the CBP operations support space that will adequately
and securely house a wide array of tools and specialized inspection equipment. In addition to
general storage capabilities, this area must have a dedicated area for a workbench and various
manners of stationary tools.
The Secure Tool Storage area must also include shelving for various types of tools.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed.
11
Attachment 1
XVII. Gun Locker Room with Lockers
CESO must provide a with adequate off-duty firearms storage. The Gun Locker Room must be
outfitted with one entrance/door. Entrance to the Gun Locker room must utilize a HSPD-12
compliant Physical Access Control System. The access card reader must be both 125kHz
(Proximity Capable) and 13.56 MHz (HSPD-12 Compliant) compatible.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESG, as needed.
XVIII. Agriculture Inspection Areas
CBP requires a designated agricultural inspection area where agricultural shipments are received.
These shipments should have a designated area for inspectional operations. This area must be a
minimum of 50 degrees and a maximum of 85 degrees at all times. The designated area should
be as follows:
• Inspection area and tables must be located in a safe, uncluttered area away from outside the
flow of warehouse traffic, i.e., pedestrians, forklifts, pallet jacks, etc. ;
• Inspection tables must not be used for cargo storage or any purpose other than agricultural
inspection and must be kept clean and dry;
• The inspection area is adequately ventilated with fans; wherever possible, the fans are
permanently mounted either on the floor or wall;
• The inspection area is easily accessible for specialists and officers, i.e., not blocked by cargo
or equipment.
• The inspection area contains a secure area capable of being locked with a high-security seal
for storing quarantined products, it is located within the warehouse or cooler;
• The inspection tables used to inspect agricultural commodities should be smooth and
cleanable. The surface should be painted white or covered with white laminate to provide the
greatest visibility.
• There are 2 types of fruit inspection tables; E Table (round fruit inspection table)
and as you see below a long table for all other fruit inspections. Specifications for
E Table will be available upon request.
• A sturdy, large table that is 36 to 40 inches high is ideal. The minimum width and
length of the table should be 48 x 96 inches. The table may be greater than the
minimum standards, if a company or warehouse desires. In addition, the table
surface should not have any raised edges. See Figure 2-1 for a diagram of a
general inspection table.
Figure 2-1
12
Attachment 1
•
•
•
•
•
•
Good, strong lighting is necessary to inspect agricultural products. Fluorescent lighting is the
best. Where possible, supplement the overhead fluorescent lighting with a table lamp with
magnifier.
Two 96in fluorescent bulbs centered directly over each 48 x 96in section of the inspection
table is needed minimum.
The light fixtures must be installed 44 to 56in above the inspection surface; do not install
light fixtures more than 8ft above the floor surface.
Up to four tables to inspect and cut fruits and vegetables and agricultural commodities should
be available. A rubber floor mat should be supplied for each inspection table.
The interior inspection location protected from inclement weather, away from open doorways
and drafts so pests do not blow away or escape. Only electric forklifts will be used in the
inspection area.
Inspection area and tables will be located away from any stacked cargo.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed
XIX. Agricultural Laboratory Room
7 CFR 35210 Agriculture: Inspection; Safeguards: Disposal
Pursuant to 7 CFR 35210, Agriculture: Inspection; Safeguards: All new and modified existing
CBP operational facilities require inclusion of a CBP Agricultural Laboratory. The CBP
Agriculture Laboratory is where CBP the receiving point for the testing and disposal of illegal
agricultural items detected in the CES.
Agriculture Laboratory Specifications:
•
•
•
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•
•
•
•
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Requires a means for the destruction of agricultural products not cleared for entrance.
Install wall-mounted goose neck sprayer for lab hose-downs and drop down lighting
magnifier.
Installation provisions for telephones, data, and power connectivity in the CBP Agriculture
Lab are required to support the laboratory and to transfer and receive data to assist in proper
examination and reporting.
Laboratory flooring shall be of a washable non-slip material.
Walls and ceilings shall be washable, and floor drains provided.
Receptacles/convenience outlets and power strip installed 6in above work surfaces.
100% fresh air shall be provided to the laboratory via air ducting from BVAC units.
Two desks, complete with telephones and chairs, must be provided. Each must have lockable
drawers and a large enough surface to hold microscopes (compound and stereo to be
provided by CESO, specifications to be provided by CBP) yet still provide writing
workspace.
All activities conducted in the Laboratory are visual inspections oriented toward finding
insects or diseases, soil and seeds/seed pods that may be associated with the agricultural
product. The inspection techniques may include shaking or lightly beating/banging the plant
or plant product to shake loose the soil or insects. This process may cause dust and debris to
be released into the air and requires that such activity to be conducted under a vented hood to
reduce the likelihood of inhaling dust materials.
13
Attachment 1
Base Cabinets
Laboratory hoods are designed to rest on a bench-high base stand or cabinet with a work surface.
Base cabinet is used to alcohol, bleach, and other solvents.
•
Security Access Control - Access control requirements will be determined by CBP.
•
Communications - Two phone and data outlets.
•
Fixed Equipment - Built-in Stainless Steel work counters with back splash and knee space,
wall cabinets, lockable drawers, low storage cabinets, and 2 drawer files.
•
Mechanical Equipment (HVAC) - Normal ASHRAE HVAC standards. Individual room
control, provide 100% exhaust, and provide negative air pressure to the outside of the lab.
•
Plumbing - 5hp grinder SIS sink, Dbl SIS sink, floor drains, 6in waste line; wall behind
stainless steel sink should have 24-inch high stainless steel washboard extending 36in at both
ends of sink.
USDA Requirement - If a commercial grinder will be used as the primary disposal method,
is it connected to an EPAIAPHIS approved sewage system (septic tanks and similar systems
are not authorized)? Does it chop the regulated garbage into pieces sufficiently small enough
so that flow is maintained into the sewage system?
•
Wash-down Hose - Required installation on wall opposite the sink.
•
Fire Protection - Pop-down sprinkler heads.
•
Electrical - Normal convenience power standards; multiple dedicated computer circuits;
emergency power backup; GFIIPower receptacle above work counters.
Lighting - Recessed incandescent/general fluorescent 70 FC. Provide true color (85+ CRI)
fixture type lighting wldimmer control. Work counter and under-cabinet task lighting.
•
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Door Material- 1 %" solid core wood or 12 gauge steel clad hollow door and frame (no
window).
•
Window Material- Tempered transparent mirror glass, no window treatment, maximize
glass area.
•
Emergency Eye Wash Station - Required installation in warehouse devan/inspection area.
•
Full Size Refrigerator with Freezer - Required installation in the lab.
•
Construction and Finishes:
- Floor: Non-Slip tile
- Walls: 5/8in gypsum board over metal studs. STC rating 50-55, washable
- Ceiling: 5/8in gypsum board (acoustical tile not permitted). STC rating 50-55
14
Attachment 1
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed
xx.
CES Facility Backup Power
The CES facility must have electrical Backup Power of 150% capacity.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed
XXI. Identity and Operational Signage
The CES facility must have official CBP identity signage that properly identifies its agency
presence at a location. CBP Operational signage categories include: way finding, identification,
notification, and statutory/regulatory notifications. Additional signage may be required to
support operational needs.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed
XXII. Environmental Compliance
The CESO shall be responsible for completing all environmental reviews, meeting all required
environmental compliances, and all costs associated with all environmental compliance,
including any separate analysis either required by or undertaken by CBP to comply the National
Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq.
The CBP PM has final approval authority for meeting CBP operational requirements and will
provide official specifications to the CESO, as needed
XXIII. CES Inventory Software
Computer inventory software to track and monitor inbound and outbound containers referred by
CBP; information should be accessible by CBP designated managers to track movement and
volume of containers.
XXIV. Overall Interior Square Footage
Based on the facility requirements provided above, it is estimated that the minimum square
footage of the facility to include inspection area, high value cage, employee and supervisor
offices, LAN room, K9 space, Agriculture Laboratory, CBP restrooms/showers, conference and
break room is 41 ,000sf.
15