Sol_140A0323R0001_Amd_0004.pdf

(x)

140A0323R0001 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

A03

Anadarko OK 73005-0328 Contracting Office

100 NORTH RIVERSIDE DRIVE

BIA SPRO 00003

03/01/20230004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/01/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Purpose of This Amendment is to:

1.) Add additional emergency room facilities to the SOW.

All other terms and conditions of this solicitation remain the same and in full effect.

Period of Performance: 05/01/2023 to 04/30/2024

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Margie Tahdooahnippah

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

A – Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award

A - Solicitation/Contract Form

A.1 Type of Contract

The Department of Interior, Bureau of Indian Affairs (BIA) plans on soliciting and awarding multiple Time-and-Materials contracts for Adult Detention Center Services under Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation.

A.2 Contract Term

The Contract Term is effective May 1, 2023. The Contracts will be awarded with a base year of May 1, 2023, through April 30, 2024, with four option years. Government does not guarantee option years will be exercised and if done will be issued in accordance with FAR Clause 52.217-9.

B - Supplies or Services/Prices

B.1 Services

The Contractor shall provide safe and secure detention/correctional services at an established correctional institution facility in Western and/or Northern Oklahoma for inmates where care, control, concern, and program/services can be executed through programs and services in accordance with the specific tasks as outlined herein and the Contractor’s policy and procedures. The BIA intends to award multiple Time-and- Materials contracts throughout Western and Northern Oklahoma.

B.2 Price

The Contractor will bill a daily rate per person per day. Costs to include meals, lodging, transportation, and oversight of inmate(s) welfare. After an award is made and if additional funds need to be added at a later date, they will be done by a modification to the contract (FAR 52.232-18 - Subject to the Availability of Funds).

Base Year Pricing beginning on May 1, 2023, through April 30, 2024

Price for each adult per day - $_______________ per day

Transport services for BIA-OJS inmates - $___________ per hour

Mileage reimbursement will be based on the current standard GSA rate effective January 1, 2023, of $0.655 (If use of privately owned automobile is authorized or if no Government-furnished automobile is available).

Medical voucher will be reimbursed for actual medical expenses.

Option Year One Pricing beginning on May 1, 2024, through April 30, 2025

Price for each adult per day - $_______________ per day

Transport services for BIA-OJS inmates - $___________ per hour

Mileage reimbursement will be based on the current standard GSA rate effective January 1, 2024 (If use of privately owned automobile is authorized or if no Government-furnished automobile is available).

Medical voucher will be reimbursed for actual medical expenses.

Option Year Two Pricing Beginning on May 1, 2025, through April 30, 2026

Price for each adult per day - $_______________ per day

Transport services for BIA-OJS inmates - $___________ per hour

Mileage reimbursement will be based on the current standard GSA rate effective January 1, 2025 (If use of privately owned automobile is authorized or if no Government-furnished automobile is available).

Medical voucher will be reimbursed for actual medical expenses.

Option Year Three Pricing Beginning on May 1, 2026, through April 30, 2027

Price for each adult per day - $_______________ per day

Transport services for BIA-OJS inmates - $___________ per hour

Mileage reimbursement will be based on the current standard GSA rate effective January 1, 2026 (If use of privately owned automobile is authorized or if no Government-furnished automobile is available).

Medical voucher will be reimbursed for actual medical expenses.

Option Year Four Pricing Beginning on May 1, 2027, through April 30, 2028

Price for each adult per day - $_______________ per day

Transport services for BIA-OJS inmates - $___________ per hour

Mileage reimbursement will be based on the current standard GSA rate effective January 1, 2027 (If use of privately owned automobile is authorized or if no Government-furnished automobile is available).

Medical voucher will be reimbursed for actual medical expenses.

C - Description/Specifications

C.1 Specifications

By the authority of statute, 25 U.S.C Section 2802(b) and 25, U.S.C Section 2802(c)(1) the Bureau of Indian Affairs (BIA), Office of Justice Services (OJS) intends to obtain adult detention/correctional services, which includes the provision of housing and services associated with the detention of offenders.

SECTION 1 – GENERAL DEFINITIONS

1.1.1. “Agency’s jurisdiction” means the jurisdiction of the BIA OJS including within the exterior boundaries of the respective Indian Reservation(s) and Indian Allotments.

1.1.2. “American Correctional Association (ACA)” means American Correctional Association.

ACA Core Jail Standards will be used as a form of measurement to guide all aspects of Facility operations to include safety, security, order, programs, justice, administration, and plant management, which regulate Facility policy and practice.

1.1.3. “BIA-OJS” or “Agency” means the United States Department of the Interior, Bureau of Indian Affairs (BIA), Office of Justice Services (OJS).

1.1.4. “BIA-OJS Special Agent In-Charge” means the OJS District II Special Agent-In Charge

(SAC).

1.1.5. “Arrestee or inmate” – For the purpose of this contract applies to a tribal or Native American Indian person(s) arrested under the authority of the BIA OJS and the personal jurisdiction of a tribal or CFR Court.

1.1.6. “District” means the geographical location of the County in relationship with BIA-OJS Districts within the United States.

1.1.7. “Indian Country” has the same meaning as that term is defined in Section 1151 of Title 18, United States Code.

1.1.8. “Indian Reservation or Reservation” mean areas within the exterior boundaries of all respective reservations and Indian Allotments under the jurisdiction of the BIA-OJS.

1.1.9. Period of Performance (POP)” – The duration or timeframe for which the contract is valid.

1.1.10. “Tribal prisoner” or “tribal inmate” means a person arrested under the authority of the Tribal Court or a Court of Indian Offenses having competent jurisdiction over the arresting agency.

1.1.11. “Tribal violation” means a violation which offends the criminal laws of the Tribal Court or Court of Indian Offenses having jurisdiction over the Indian Reservation(s) and Indian Allotments. This provision will not permit the confinement of juvenile offenders whose only charge or conviction is for a status offense, or juvenile non-offenders (as defined by the Office of Juvenile Justice and Delinquency Act of 1974 and subsequent revisions).

SECTION 2 – GENERAL INFORMATION

2.1. Scope of Work: The Contractor shall provide safe and secure detention for inmates where care, control, concern, and program/services can be executed through programs and services in accordance with the specific tasks as outlined herein and the Contractor’s policy and procedures.

2.1.1. Purpose: The Contractor will assist the BIA-OJS by providing detention/correctional housing for BIA-OJS inmates who: for adult arrestee(s)/inmates(s) who have been arrested, awaiting transport, awaiting adjudication, serving sentences after conviction, awaiting release from custody because of having been arrested or convicted of a tribal violation within Indian County jurisdiction. The Contractor will provide programs and services to those residents that are classified to receive programming, care, and academic education, if the Contractor offers such programs. The Contractor will also ensure residents have access to medical care, using Indian Health Service (IHS) first when possible. If the Indian Health Service facility is unable to provide medical services, then the BIA-OJS inmates will be seen by another medical provider within the area.

2.2. Contractor Personnel

2.2.1. The Contractor shall designate a qualified facility administrator who shall be responsible for the performance of the work on-site, per Contractor’s policy and procedures.

2.2.2. The Contractor, or their designee, shall have full authority to act on all matters relating to the operation of this contract.

2.2.3. The Contractor or their designee, shall be available to discuss issues relating to the contract with authorized government officials specific to this contract.

2.2.4. The Contractor shall ensure employees are qualified and trained in accordance with the adult facility standards.

2.2.5. The Contractor shall conduct criminal record checks in accordance with facilities policies and the Title 310, OK State Department of Health, Chapter 670. City and County Detention Facility Standards, at a minimum a fingerprint check.

2.2.6. The Contractor shall ensure that the facility shall always have sufficient staff to perform functions relating to the security, custody, and supervision of inmates in accordance with best practices for supervision according to the Title 310, OK State Department of Health, Chapter

670. City and County Detention Facility Standards.

2.3. Quality Control

2.3.1. The Contractor shall make available any inspection, evaluation, or monitoring reports to BIA- OJS staff or representatives. These inspections will include third-party inspections related to facility operations. Such inspections include, but are not limited to health, sanitation, fire safety, fire equipment, environmental, plant management inspections, state inspection results, and/or other program review results.

2.4. Quality Assurance

2.4.1. BIA-OJS reserves the right to visit or inspect the facility at any time via any method to ensure adequate services are being provided. This shall include an annual review. BIA-OJS will endeavor to provide at least twenty-four (24) hours of notice before inspection, but this may be waived in case of an emergency, such as a serious incident, when such notice is not practicable.

a) The Government will monitor the contract in accordance with the set surveillance performance standards listed in the Performance Requirements Summary Table.

2.5. Cost for Services

2.5.1. The cost shall be a fixed daily rate per adult per day. For the purposes of this contract, a day is computed for any portion of any day, which includes the day of admission.

2.5.2. Payment will be made for the day of the arrival but not the day of departure.

2.5.3. Payment for medical expenses outside of an approved IHS facility will be limited to emergencies only. Within 24 hours of obtaining emergency care, the contractor must notify the Contracting Officer’s Representative (COR) or designee at OJS, who will then seek coverage through the IHS for Purchase Preferred Care (PRC) reimbursement to the contractor.

2.5.4. The Contractor will also ensure residents have access to medical care, using IHS first when possible. The Contractor provides a nurse practitioner once per week for medication refills, physicals required for placement, and general medical complaints. This medical care will be provided to BIA-OJS inmates lodged within the facility. This medical service will be billed according to section 3.2.5. Pre-authorization for medical refills and any medical care above routine will be required, except for emergencies.

2.5.5. The Contractor agrees, when available and upon preapproval through the BIA-OJS District Office, to transport services for BIA-OJS inmates. The cost for such services is a fixed hourly rate (rounded to the nearest 15 minutes), plus the current standard GSA mileage rate.

2.6. Contact Information

2.6.1. Agency: BIA-OJS District II

Robert Mathis, Special Agent in Charge 3100 W. Peak Blvd.

Muskogee, Oklahoma 74401 Phone: (918) 781-4697

BIA-OJS District II Adriana Worth, Correctional Program Specialist (CPS)/COR 5924 NW Second St., Suite 650 Oklahoma City, Oklahoma 73127 Phone: (405) 603-1566 Government Cell: (405) 818-2032 Fax: (405) 603-1570

2.7. Period of Performance

2.7.1. Period of performance shall be for the period beginning May 1, 2023, through April 30, 2024, plus four option years.

Section 3 – SPECIFIC TASKS

3.1. The Contractor will accept adult tribal persons who have been arrested for or convicted of violating tribal criminal law, and who are placed there by the BIA-OJS District SAC or his/her authorized agents. The Contractor agrees to email a daily roster every morning, to the COR no later than 10:00 a.m. local time, except for weekends or holidays. Rosters from weekends or holidays, can be emailed the next business day to the COR. Additionally, a new roster will be emailed when there is a change in population of BIA-OJS inmates as a result of releases or new bookings. At a minimum, the roster shall include the BIA-OJS Adult inmate’s, name, date of birth, booking date and time, gender and actual date of release. The Contractor will include any medical approval documents, transportation logs, and transportation plans for BIA-OJS inmates for the time-period covered by the daily roster in the email with that daily roster. The rosters shall be sent by email to: d2corrections@bia.gov.

3.1.1. The Contractor agrees to house BIA-OJS adult inmates subject to the same conditions as any other person lodged within the facility. BIA-OJS adult inmates who violate the law while in the facility may be charged by the law enforcement agency having jurisdiction over the offense committed.

3.1.2. The Contractor agrees to provide the same programming to BIA-OJS inmates held under this mailto:d2corrections@bia.gov contract/purchase as that offered to other persons lodged within the facility, if the Contractor offers such programs. The Contractor shall provide a monthly status report listing all inmates involved in programming in the facility, showing the different types of programs offered.

3.1.3. No BIA-OJS inmate shall be released without written orders from the appropriate tribal court.

In addition, no BIA-OJS inmate will be released from the facility without being placed into the custody of BIA-OJS or Tribal Law Enforcement Staff, or a legal guardian, as specified in writing from the court of original jurisdiction.

3.1.4. The BIA-OJS shall be responsible for transporting Tribal inmates except where the COR has pre-approved the Contractor to provide transportation. This includes general transportation for medical care and other transportation as approved by the COR. Where the COR has preapproved the Contractor to provide transportation for a BIA-OJS inmate, the Contractor shall provide documentation of the transport to BIA-OJS using a transportation plan that includes the method of transportation, starting location, planned stops, emergency stops, approved routes, classification of the BIA-OJS inmates being transported, destination location, identities of any persons participating in the transport, the starting mileage, and concluding mileage.

3.1.5. The Contractor will provide safe and secure Adult Correctional and Detention Services, conducted in an institutional environment that is sanitary and humane, utilizing best practices for Adult Correctional and Detention programs.

3.1.6. The Contractor shall ensure conformance with the Title 310, OK State Department of Health, Chapter 670. City and County Detention Facility Standards and Core Jail Standards for Small Jails, which will guide all aspects of the facility operations, to include safety, security, care, programs and services, justice and order, administration, and plant management. These standards will be utilized as a guide of measurement for OJS, during an annual site review by BIA-OJS to compare facility operations.

3.1.7. The Contractor agrees to protect BIA-OJS inmates from harm in accordance with the Core Jail Standards for Small Jails, the Indian Civil Rights Act of 1968, 25 U.S.C. 1302, et. seq.

and detention facility policy and procedures.

3.1.8. The Contractor agrees to maintain a clean, healthy, sanitized, and orderly environment with clear expectations of inmate behavior. The Contractor will comply with its own policies and procedures as well as the Core Jail Standards for Small Jails.

3.1.9. The Contractor agrees to provide for the basic needs, health, hygiene, and personal care of inmates, in accordance with the facility policy, Title 310, OK State Department of Health, Chapter 670. City and County Detention Facility Standards and Core Jail Standards for Small Jails.

3.1.10. The Contractor will maintain sight and sound separation between male and female inmates, in accordance with Core Jail Standards for Small Jails.

3.1.11. The Contractor shall adhere to the standards set forth in the Prison Rape Elimination Act (PREA) of 2003, and in accordance with local, county, city, state, or federal standards applicable to the facility.

3.1.12. Any unusual/serious incident which affects any BIA-OJS inmate held under this contract/purchase order is to be reported to the District CPS/COR (contact below) within twenty-four (24) hours of occurrence. If the incident resulted in death, serious injury or medical condition, escape, or change of location of the inmate, the Contractor will immediately notify the District CPS/COR or their designee.

BIA-OJS District II Adriana Worth, CPS/COR

5924 NW Second St. Suite 650 Oklahoma City, Oklahoma 73127 Phone: (405) 603-1566 Government Cell: (405) 818-2032 Fax: (405) 603-1570

3.1.13. BIA-OJS inmates housed under this Contract are not eligible for community service work without the express written approval from the BIA-OJS.

3.1.14. The Contractor agrees to provide BIA-OJS with both verbal and written notification when a BIA-OJS inmate is accused of committing a new criminal offense as a result of their behavior within the detention facility. Such notification shall occur by notifying the COR, or their designee, within 24 hours of the incident. If the offense is charged in the federal, state, or local courts, the Contractor shall consult and coordinate with BIA-OJS regularly as to next steps for that BIA-OJS inmate. The Contractor will not transport any BIA-OJS inmate to another detention facility, court, or other location without first consulting and coordinating with BIA-OJS.

3.1.15. The Contractor agrees to provide BIA-OJS with both verbal and written notification, when the detention facility is overcrowded or needs to reduce inmate population to allow BIA-OJS sufficient time to arrange for a transfer, or to work with the Tribal Court or Court of Indian Offenses for court-ordered release of a BIA-OJS inmate. When practicable, such notice shall be given at least 48 hours in advance of the time that the transfer(s) or release(s) need to occur.

3.2. Medical

3.2.1. The medical, mental health, and dental needs of incarcerated adult inmates, who are enrolled members of a federally recognized Tribe, shall be addressed by the IHS or a tribal health care facility/provider. The Contractor agrees to utilize an IHS facility and/or services for provision of medical needs and will use non-IHS emergency health care providers consistent with the terms of this contract. Transportation to the IHS facility or services will be billed in accordance with Section 2.5.5.

3.2.2. The Contractor shall promptly notify the BIA-OJS representative, or their designee, of such medical needs to afford the Agency the opportunity to arrange for the treatment.

3.2.3. The Contractor shall notify the District CPS, or their designee, of actions taken when extreme emergencies occur.

3.2.4. Payment for BIA-OJS inmate emergency medical services will be submitted to the IHS Clinic providing health care to the BIA-OJS adult inmates by the COR. In instances where there is a remaining balance after IHS and/or Medicare pays their portion, BIA-OJS Division of Corrections will only reimburse the facility for those medical services pre-approved by BIA- OJS. BIA-OJS will only reimburse the facility, and not the actual provider of treatment, for authorized emergency medical and mental health services, dental care, and prescription medications.

3.2.5. A medical voucher will be prepared and submitted on a separate invoice each month.

Original invoices from the health care provider must be attached to the medical voucher.

Invoices must contain name and address of vendor, full BIA-OJS inmate name, itemized description of services provided, date of service, cost of BIA-OJS inmate’s treatment, and total amount to be reimbursed by BIA-OJS. The Contractor will verify the accuracy of the medical voucher.

3.2.6. The following are health care facilities closest to Contractors located in Western and Northern Oklahoma:

Anadarko Indian Health Center 201 Parker McKenzie Drive Anadarko, Oklahoma 73005 Phone: (405) 247-7900

Watonga Indian Health Center 1305 S Clarence Nash Blvd.

Watonga, Oklahoma 73772 Phone: (580) 623-4994

Clinton Indian Health Center 10321 N 2274 Rd.

Clinton, Oklahoma 73601 Phone: (580) 323-2884

Pawnee Indian Health Clinic 1201 Heritage Cir Pawnee, Oklahoma 74058 Phone: (918) 762-3501

White Eagle Health Center 200 White Eagle Drive Ponca City, OK 74601 Phone: (580) 765-2501

El Reno Indian Health Clinic 1801 Parkview Drive El Reno, OK 73036 Phone: (405) 295-1500

Lawton Indian Health Clinic 1515 NE Lawrie Tatum Rd Lawton, OK 73507 Phone: (580) 354-5000

3.2.7 In case of extreme emergency only, the following health care facility will be used:

Seiling Municipal Hospital: Emergency Room

809 US-60

Seiling, Oklahoma 73663 Phone Number: (580) 922-7361

Alliance Health Ponca City – Emergency Room 1900 N. 14th St.

Ponca City, Oklahoma 74601 Phone: (580) 765-3331

Grady Memorial Hospital - Emergency Room 2220 W Iowa Avenue Chickasha, OK 73018 Phone: (405) 224-2300

Newman Memorial Hospital - Emergency Room 905 S Main St.

Shattuck, OK 73858 Phone: (580) 938-2551

Alliance Health Woodward – Emergency Room 900 17th St.

Woodward, OK 73801 Phone: (580) 256-5511

Alliance Health Clinton – Emergency Room 100 N 30th St Clinton, OK 73601 Phone: (580) 323-2363

Cordell Memorial Hospital – Emergency Room 1220 N. Glenn L English Street New Cordell, OK 73632 Phone: (580) 832-3339

Weatherford Regional Hospital 3701 E. Main Street Weatherford, OK 73096 Phone: (580) 772-5551

Great Plains Medical Center 1801 W 3rd Street Elk City, OK 73644 Phone: (580) 225-2511

Kingfisher Mercy Hospital 1000 Kingfisher Regional Hospital Drive Kingfisher, OK 73750 Phone: (405) 375-3141

3.2.8. In instances where IHS rejects claims for care provided by a non-Indian facility and the costs cannot be recovered by the provider under other Federal or State programs, the Contractor will be billed by the provider. The Contractor will be reimbursed for those medical services only if the treatment had been pre-approved by the BIA-OJS authorized personnel.

3.2.9. BIA-OJS will only reimburse the Contractor for medical services if the treatment has been pre-approved by BIA-OJS. BIA-OJS will only reimburse the Contractor, and not the actual provider of treatment, for authorized emergency medical, mental health, and dental health care and medications. The provider shall bill the contractor and if pre-approved, the BIA will reimburse the contractor.

3.2.10. A medical voucher will be used to submit invoices for payment. Original invoices from the health care provider must be attached to the medical voucher. Invoices must contain name and address of vendor, full name of BIA-OJS inmate, itemized description of services provided, date of service, cost of treatment and/or medication, and total amount to be reimbursed by BIA-OJS. The Contractor will verify the accuracy of the medical voucher.

3.2.11. The Contractor will be responsible for providing medical screening of the BIA-OJS inmate at the time of intake. The arresting Agency or Agency Tribal Police Officer shall provide information regarding any known medical concerns at booking.

Section 4 – NEGATIVE DECLARATION

4.1. This SOW does not reflect, in this or any other context, any party’s position with respect to the jurisdictional authority of another. Nothing in this SOW, or in any conduct undertaken pursuant to this SOW, shall be construed as enlarging or diminishing the jurisdictional authority of either party, except to the extent necessary to implement and effectuate the provisions of this SOW. Nothing herein affects statutory or tribal code provisions regarding the sovereign immunity of the parties. Neither this SOW nor the activities of the parties pursuant to this SOW shall be used to affect the legal or equitable position of any party in any pending or future litigation. Nothing in this SOW shall be construed to impact or impair the extradition authority and processes of the parties.

4.2. Nothing in this SOW shall be construed as waiving the sovereign immunity of the County or their employees from suit in State, Tribal or Federal court. Liability for suit in State, Tribal, or Federal court is determined by existing State, Tribal, and Federal law and is not altered by this contract. Nothing in this contract waives the sovereign immunity of the United States, BIA Police, and/or Correctional Officers, except as provided for in the Federal Tort Claims Act, 28 U.S.C. §§ 2401, 2671-2680.

Section 5 – BOARD BILL

5.1.1. The Contractor will submit, by the 10th day of the month, a board bill and medical vouchers for the previous month’s costs of housing BIA-OJS inmates. Any discrepancies between the invoice and board bill shall be justified in writing by the Contractor.

5.1.2. The monthly board bill/invoice is to be submitted through IPP by the 10th of each month.

Electronic invoicing is authorized for this contract. Under this contract, the following document is required to be submitted as an attachment to the IPP Invoice: a detailed monthly invoice of incarnated inmates with booking date, date of birth and release date.

5.1.3. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor’s Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor’s assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to ippgroup@bos.frb.org, or via phone at (866) 973-3131.

5.1.4. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

5.1.5. The board bill will contain:

mailto:ippgroup@bos.frb.org

a) Name, address, and phone number of the Facility

b) Contract number

c) Date the board bill was prepared

d) Name of each BIA-OJS inmate housed under this contract

e) Date of birth

f) Date inmate entered facility

g) Date inmate was released from facility

h) Total number of day’s BIA-OJS inmate was physically housed by the facility

i) Daily inmate rate

j) Total amount to be paid by BIA-OJS.

Section 6 – HOLD HARMLESS

6.1. The Contractor agrees to hold harmless the BIA-OJS from:

6.1.1. Violation of constitutional rights arising from the detention of persons in the facility pursuant to this SOW.

6.1.2. The BIA-OJS and the Contractor agree to assume their own liability for all claims of any nature, including all costs, expenses and attorney’s fees, which may result from or arise out of this Contract.

Section 7 - INDEMNIFICATION, LIABILITY, AND INSURANCE

7.1. Each party shall be solely responsible for the acts and omissions of its employees, agents, and contractors in the performance of this agreement or any subsidiary agreement hereto.

Accordingly, the Contractor shall indemnify and hold the United States harmless against all liabilities, claims for damages, suits and losses, and expenses by reason of injury to any person or property arising out of or connected with any act or omission of the Contractor arising from activities in pursuance of this agreement.

7.2. The Contractor assumes no liability and will not defend or indemnify for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the BIA-OJS.

7.3. Each party shall remain solely responsible for the ordinary expenses of its employees and property, including insurance.

7.4. The Contractor will always maintain insurance coverage to protect the BIA-OJS from reasonable loss by liability claims arising out of the negligence of the facility or its agents or employees in the performance of this SOW.

7.5. Nothing in this SOW is intended to alter the parties’ insurance obligations toward their employees or others.

Section 8 - SERIOUS INCIDENT REPORTING

8.1. Serious incidents include, but are not limited to, the following: aggravated assault, attempted suicide, bomb threat, communicable disease outbreak, disturbance, escape, fire, hostage situation, hunger strike, in-custody death, jail closure, medical emergency, natural disaster, rape, suicide, terrorist behavior, unusual, or high-profile incident, use of force, vehicle collision, and vermin infestation other than head lice.

8.2. The Contractor shall ensure conformance with the ACA Performance Based Standards on Adult Detention Facilities, 5th Edition, Use of Restraints, 3-JDF-3A-18, and in accordance with Facility Adult standards.

8.3. The Contractor shall ensure all special and serious incidents involving BIA-OJS inmates are reported in accordance with Facility standards. The facility incident reports will be forwarded to the BIA-OJS District Office no later than twenty-four (24) hours after the occurrence.

Section 9- ACCESS TO HEALTH CARE

9.1. Access to a continuum of health care services will be available, so health care needs, including prevention and health education, are met in a timely and efficient manner. BIA- OJS Inmates will be informed of the process for requesting health care.

9.1.2. Corrections staff have an obligation to promptly refer all inmate requests for health care services to the appropriate health care provider. Health care shall be accessible in accordance with any Agreements between the correctional institution and the health care provider.

Section 10- NOTIFYING INMATES OF HEALTH CARE SERVICES

10.1. During orientation/screening, the Contractor will ensure the BIA-OJS inmate is informed on how health care may be accessed, and ensure an Inmate Handbook is provided, or made available for review.

Section 11- INMATE REQUEST FOR ROUTINE HEALTH CARE

11.1. Any BIA-OJS inmate needing access to routine health care will complete an Inmate Request Form. This form can be initiated at any time by the inmate, the correctional administer, or their designee, will forward all BIA-OJS inmate request forms to the CPS in District II within three business days. An BIA-OJS inmate may also make a verbal request to a staff member at any time to request to go to sick call.

Section 12- INMATE REQUEST FOR EMERGENCY AND URGENT MEDICAL CARE

12.1. The Contractor will ensure that BIA-OJS inmates may request urgent and emergency medical care verbally from staff. Upon observation of a medical need, staff will request care on the BIA-OJS inmate’s behalf.

12.2. Corrections staff will immediately notify the on-duty supervisor, and if necessary, emergency medical services (EMS) or a health care provider, based on the BIA-OJS inmate’s health care complaint.

D - Packaging and Marking

NONE

E - Inspection and Acceptance

E.1 See Section 2.3 and 2.4 listed above.

F - Deliveries or Performance

F.1 Performance

The Contractor shall incarcerate BIA-OJS designated persons who have committed violations of criminal federal or tribal law and provide housing and services associated with the detention of offenders.

The Contractor shall inquire and gather information from the BIA OJS or Tribal Police Officer regarding any medical concerns at the time of transport and admission of the BIA-OJS’s arrestee(s)/inmates(s).

The Contractor shall provide a medical and suicidal screening at the time of BIA-OJS’s arrestee(s)/inmate(s) booking or admission.

The Contractor shall release to a responsible party, incarcerated BIA-OJS’s arrestee(s)/inmates(s) upon receipt of valid court order.

The Contractor shall notify the COR within 24 hours of any unusual incidents which affects a BIA-OJS’s arrestee/inmate held under this contract.

The Contractor shall accommodate Native American Indian culture and religion when available.

The Contractor shall address emergency, routine non-emergency medical, psychological, and dental needs of the BIA-OJS’s arrestee (s)/inmate(s) with an established medical professional assessment.

The Contractor shall give preference to the Indian Health Service or a tribal health care facility/provider when possible and appropriate; for emergency, routine non-emergency medical, psychological, and dental needs of the BIA-OJS’s arrestee(s)/inmate(s) who are enrolled members of a federally-recognized tribe.

The BIA-OJS’s designated COR shall schedule transportation for the BIA-OJS’s arrestee(s)/inmate(s) to treatment in a timely manner and as needed as required by each situation.

The BIA-OJS’s designated COR shall coordinate with Indian Health Services and/or the nearest medical facility within 72 hours to process medical claims.

PERFORMANCE REQUIREMENT SUMMARY TABLE

Task Performance Requirements

Expected Outcome Performance Standards Surveillance

1 Incarcerate BIA-OJS persons who have committed violations of criminal federal/tribal law.

Provide for the safety, security, and welfare of the arrestee(s)/ inmate(s) and general public.

In accordance with the applicable Federal State, Tribal, and local laws.

Administrator

With oversight by Adriana Worth, CPS, COR

G - Contract Administration Data

G.1 Contracting and Administration Authority

The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of the individual assignments at any time.

G.2 DOI Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

2 Inquire and gather medical concerns.

Receive pertinent medical concerns at the time of transport and admissions.

In accordance with the established facility policy and procedures.

Administrator

With oversight by Adriana Worth, CPS, COR

3 Provide medical and suicidal screening at the time of booking or admission.

Obtain pertinent medical and suicidal information of arrestee(s)/inmates(s).

In accordance with the established facility policy and procedures.

Administrator

With oversight by Adriana Worth, CPS, COR

4 Release incarcerated

BIA-OJS

arrestee(s)/inmate(s) upon receipt of valid court order to a responsible party.

The release of an incarcerated person to a responsible party.

In accordance with a valid court order and facility policies.

Adriana Worth, COR will periodically review to ensure compliance with the court release procedures.

5 Notify COR within 24 hours when an unusual incident occurs.

Insure safety and welfare of arrestee(s)/inmate(s).

In accordance with BIA/OJS Serious Incident Report (SIR) requirements.

(Attachment A)

Adriana Worth, COR will ensure corrective action is processed.

6 When available accommodate Native American Indian culture and religion.

Safety, welfare, and spiritual wellbeing of arrestee(s)/inmates(s).

When available, in accordance with facility policy.

Administrator

With oversight by Adriana Worth, CPS, COR

7 Address emergency, routine non-emergency medical, psychological, and dental needs of the

BIA-OJS

arrestee(s)/inmate(s).

Healthcare and welfare of arrestee(s)/inmate(s) are met.

In accordance with the established facility policy and procedures, and the BIA OJS Corrections Division’s handbook: Access to Healthcare section.

(Attachment B)

Administrator

With oversight by Adriana Worth, CPS, COR

8 Provide emergency, routine non-emergency medical, psychological, and dental needs of the

BIA-OJS

arrestee(s)/inmate(s).

Preference to IHS and Tribal Health Care Facilities as primary provider.

To raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level.

Administrator

With oversight by Adriana Worth, CPS, COR

9 Schedule and transport the BIA-OJS arrestee(s)/inmate(s) to treatment as needed.

Safe arrival of the arrestee(s)/inmate(s) to the determined treatment facility or destination.

In accordance with the established facility policy and procedures.

Administrator

With oversight by Adriana Worth, CPS, COR

10 Coordinate with IHS and/or the nearest medical facility within 72 hours to process medical claim(s).

Meet 72 hour deadline for processing medical claims.

In accordance with the established facility policy and procedures.

Administrator

With oversight by Adriana Worth, CPS, COR

'Payment request' means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• An official invoice reviewed, approved, and signed by the COR.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

H - Special Contract Requirements

H.1 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

I - Contract Clauses

I.1 Contract Clauses

52.202-1 Definitions (JUN 2020) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-14 Service Contract Reporting Requirements (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued 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 performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the ending date of option year four (03/31/2028).

(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 30 days of the contract expiring; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 five years.

(End of clause)

52.222-3, Convict Labor (JUN 2003) 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEP 2016) 52.222-35, Equal Opportunity for Veterans (JUN 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37, Employment Reports on Veterans (JUN 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41, Service Contract Labor Standards (AUG 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-50, Combating Trafficking in Persons (NOV 2021) 52.222-54, Employment Eligibility Verification (MAY 2022) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.224-3, Privacy Training (JAN 2017) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (NOV 2021) 52.232-16 Progress Payments (NOV 2021) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2023. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond

September 30, 2023, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 52.233-1 Disputes (MAY 2014) 52.233-3, Protest After Award (AUG 1996) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) 52.243-3 Changes – Time-and-Materials or Labor-Hours (SEPT 2000) 52.244-6 Subcontracts for Commercial Products and Commercial Services (DEC 2022) 52.246-6 Inspection – Time-and-Material and Labor-Hour (MAY 2001) 52.249-6 Termination (Cost-Reimbursement) (MAY 2004) 52.249-6 Alt. IV (SEPT 1996) 52.249-14 Excusable Delays (APR 1984) 1452.228-70 Liability Insurance (JUL 1996)

NOTICE TO CONTRACTORS - CPARS (DEC 2015) Notice to Contractors - CPARS (DEC 2015)

Contractor Performance Assessment Reporting System (December 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the 6. evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should a) provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting…