PREA_SOW_052219.pdf

Attachment II 15BNAS19RCA0126

STATEMENT OF WORK

1. BACKGROUND

The Bureau of Prisons seeks to obtain certification of compliance with the Prison Rape Elimination Act (PREA) of 2003 standards for the institutions of the Federal Bureau of Prisons

(BOP).

2. OBJECTIVE

The BOP seeks to obtain certification of compliance with PREA standards for all federal correctional institutions. The BOP and the auditor shall comply with the United States Department of Justice Final Rule, 28 CFR Part 115, Docket No. OAG-131; RIN 1105-AB34, National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA) of 2003, Prison and Jail Standards. Every BOP institution must be audited at least once on a three-year cycle to demonstrate compliance with PREA standards.

3. PERFORMANCE STANDARDS

An estimated list of facilities in Attachment 1 of the solicitation have been identified for the following:

Base period: October 1, 2019 to September 30, 2020 Option Period 1: October 1, 2020 to September 30, 2021 Option Period 2: October 1, 2021 to September 30, 2022 Option Period 3: October 1, 2022 to September 30, 2023 Option Period 4: October 1, 2023 to September 31, 2024 Option to Extend Services: October 1, 2024 to March 31, 2025

***** There will be approximately 30-35 PREA Audits each PREA Year. ******

The list is not inclusive and the possibility of additions and deletions should be considered at all times. In general, Federal Correctional Institutions (FCIs), Federal Prison Camps (FPCs), Metropolitan Detention Centers (MDCs), Metropolitan Correctional Centers (MCCs), Federal Detention Centers (FDCs), United States Penitentiaries (USPs), Federal Transfer Center (FTC), and Federal Medical Centers (FMCs) shall be no more than 3-days on-site with up to 2 auditors.

Federal Correctional Complexes (FCCs) shall be no more than 3-days on-site with up to 3 auditors. Audits shall be conducted during an 8-hour work day specified by the BOP.

The BOP shall provide the Contractor a yearly list of the actual facilities to be audited if it exercises its right for renewal.

4. TASK TO BE PERFORMED

The Contractor shall perform the following:

A. PREA Audit Cycle. Once every three years a PREA auditor shall conduct an on-site visit, conduct interviews and review documentation to determine an institution’s compliance with the PREA standards, in accordance with the above PREA law. Also, no more than three on-site visits (3 facility locations) will be scheduled during one week Bureau-wide.

The BOP will set the schedule for when the PREA audits will occur. During an institution PREA audit the auditor shall audit all PREA standards. These PREA audits shall evaluate the facility performance with respect to the National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA), 28 C.F.R. Part 115. The auditor shall have the responsibility and authority to independently observe, assess, review, and report on the BOP’s implementation and compliance with the PREA standards. In order to accurately assess compliance at the federal institutions, the auditor shall: conduct an on-site inspection; observe programs and activities;

interview staff; individually interview a sample of inmates; and conduct detailed reviews of documents and reports. The auditor shall be responsible for independently verifying compliance with the PREA standards for the institutions.

B. Receipt of PREA Documents. Due to the need for review of PREA related documents approximately four weeks prior to the site visit, auditors will receive, maintain in a secure manner, and destroy the documents after 3 years, or until the next audit. The Contracting Officer’s Representative (COR)/Management Analyst will send the PREA related documents to the auditor for review via electronic mail prior to the PREA audit. The BOP will not print and/or copy PREA related documents to a compact disk to be shipped/mailed.

C. Communication with Institutions. Auditors shall communicate with institutions through the COR/Management Analyst to resolve any findings or issues, and schedule interviews.

The auditor shall not contact the institution directly without first making arrangements though the COR/Management Analyst.

D. Corrective Action Process. Auditors shall submit the Preliminary Report within 45-calendar days of the on-site visit. A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards. The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The BOP shall deliver, and the auditor shall review and comment within 5 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. At the completion of the corrective action period, the auditor has 30 calendar days to issue a termination as to whether the facility has achieved compliance with those standards requiring corrective action, or earlier if compliance has been achieved before the end of the corrective action period.

E. Final Report Process If no corrective action is needed, the final report shall be submitted within 45-calendar days after the completion of the on-site visit.

F. The Contractor shall provide any information on PREA audits and processes to Central Office within 5 working days of request.

G. The Contractor shall ensure the academic experience and/or special qualifications of the auditor comply with the requirements of the PREA law. Specifically,

(a) An audit shall be conducted by:

-A member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government);

-A member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or -Other outside individuals with relevant experience.

(b) All auditors shall be certified by the Department of Justice. The Department of Justice shall develop and issue procedures regarding the certification process, which shall include training requirements. No decertified auditors or support staff who are not Department of Justice Certified PREA Auditors shall assist with an audit inside of a BOP facility.

(c) No audit may be conducted by an auditor who has received financial compensation from the agency being audited (except for compensation received for conducting prior audits) within the three years prior to the agency’s retention of the auditor.

(d) The agency shall not employ, contract with, or otherwise financially compensate the auditor for three years subsequent to the agency’s retention of the auditor, with the exception of contracting for subsequent audits.

H. The Contractor shall cooperate with the BOP, it’s COR, and staff when seeking guidance pertaining to the application of the PREA audit program. The Contractor shall ensure all facilities are provided any information, manuals, and software required in the implementation of the PREA audit process.

I. The Contractor shall conform to the requirements of the Freedom of Information Act (5 USC 552) regarding the disclosure of records and information furnished or created in the PREA audit process.

J. The Contractor shall conform to the requirements of the Privacy Act (5 USC 552a) regarding the sampling of inmate or resident records by the Contractor’s PREA Auditor in order to determine compliance with standards. The Contractor’s Auditor shall use the information obtained in the record review solely for the purpose of making a determination of the BOP’s compliance with standards. The conclusions shall be outlined in preliminary and final PREA Reports, and distributed to the BOP. No part of an inmate or resident record shall be transferred in a form that is individually identifiable.

Further, in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, signed Consent for Release of Information Forms obtained by the BOP are required from individual staff members before any auditor may examine, at random, Official Personnel Files to measure compliance in various personnel and training areas. The Contractor shall not release any information to the media without the express consent of the BOP.

K. Public Statements. Except as required or authorized by the PREA auditing standards;

federal, state, or local law, judicial order, this contract, or as permitted by the BOP, the auditor shall not make any oral or written public statements – including, but not limited to, statements to the press, conference presentations, lectures, or articles – with regard for the status of the BOP’s compliance or noncompliance with PREA standards, or any act or omission of the BOP or its staff.

L. Conflict of Interest. The auditor shall not accept employment or provide consulting services that would present a conflict of interest with his or her responsibilities under this contract, with the PREA auditing standards, or with auditor ethical guidance provided by the PREA Resource Center or Department of Justice, including, but not limited to, being employed or retained by the BOP for purposes other than PREA auditing during the three-year period prior to the audit, or during the three-year period subsequent to the audit.

M. Testimony. Except as required or authorized by the terms of this contract, or by permission of the BOP, the auditor shall not testify in any litigation or proceeding with regard to the status of the BOP’s compliance or noncompliance with the PREA auditing standards; or any act or omission of the BOP or its staff, unless otherwise lawfully compelled to do so. If the auditor is lawfully compelled to provide such information, the auditor shall immediately notify the BOP.

5. PROJECT MANAGEMENT AND CONTROL REQUIREMENTS

The BOP agrees to observe the PREA standards, correct any criteria for compliance with PREA as identified by the Contractor and meet its responsibilities to the Contractor with reference to the PREA audit process. The BOP will provide the following:

A. Provide access by the Contractor, staff and designated representatives at all reasonable times to the physical facilities and records of the BOP provided that where an individual staff member’s Official Personnel File is requested, and in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, a signed consent form is obtained by the BOP prior to said Contractor’s access.

B. Appoint a (COR) who monitors the progress made in the PREA audit process at each facility with the Contractor.

C. Ensure cooperation by the COR, and other BOP staff with the Contractor, PREA Auditors, staff, and designated representatives in the Contractor’s requests for information and records, to ensure continued compliance with the standards.

D. Complete the steps in the PREA audit process, according to established timetables as stated in the PREA law.

E. Strive at all times to achieve and/or maintain compliance with the PREA standards.

6. REPORTING REQUIREMENTS AND DELIVERABLES

A. The BOP shall allow the Contractor, in conformity with provisions of law governing disclosure of BOP records and upon advance notice by the contractor to the COR, to disclose to the public, conclusions and actions with reference to the participation of the BOP in the PREA Compliance program.

B. The BOP shall share with and, as appropriate, forward to the Contractor any and all announcements, news release, and responses to the public media that the BOP may make relative to its contractual relationship to the Contractor and participation in the PREA audit process.

C. Auditors shall submit the Preliminary Report within 45-calendar days of the on-site visit.

A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards. The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The BOP shall deliver, and the auditor shall review and comment within 5 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. At the completion of the corrective action period, the auditor has 30-calendar days to issue a termination as to whether the facility has achieved compliance with those standards requiring corrective action, or earlier if compliance has been achieved before the end of the corrective action period. If an extension is needed to submit the final report, the auditor must submit their request in writing to the agency, for review.

D. If no corrective action is needed, the final report will be submitted within 45-calendar days after the completion of the on-site visit.

7. INSPECTION, TEST, AND ACCEPTANCE CRITERIA

The Contractor may conduct, as appropriate, and the BOP may permit and cooperate in:

A. The facility’s performance with respect to the National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA), 28 C.F.R.

Part 115.

B. A PREA standards compliance audit by a qualified auditor (s) appointed by the Contractor, and not employed by the BOP, for the purposes of verifying the required minimum levels of compliance with PREA standards and/or verifying compliance with PREA standards found in non-compliance at the time of the original audit.

C. Visits by the Contractor and/or its designated representatives from time to time, with 30-days advance notice to the COR and facility CEO, to ensure the institution’s continued compliance with the PREA standards to resolve findings of non-compliance within the 180-day corrective action period.

D. All auditors will be approved by the COR prior to an audit. Additionally, auditors may be removed by the BOP at any time for the following reasons, but not limited to, criminal conduct, malfeasance, gross negligence, fraud, conflict of interest, unprofessional conduct, or other unlawful behavior that bears on an auditor’s credibility or integrity.

8. TRAVEL AND TRANSPORTATION

Cost of travel for auditors, is to be included in the contract fee. Travel will normally take place on Monday and Friday with the audits beginning on Tuesday and ending no later than Thursday. No additional reimbursement for travel is authorized, unless agreed to by the BOP.

1) The Contractor and auditors are responsible for making their own travel arrangements.

2) No auditors are authorized to ride with BOP staff in rental vehicles, government operated vehicles, and/or staff’s privately owned vehicles as the contract includes travel expenses for the auditors.

9. OTHER

The proposed contract does not constitute an employer/employee relationship. This contract is for a service performed at a BOP facility and the following provisions are included:

1) The service is a contractual arrangement and not a personnel appointment;

2) Payment will be made upon receipt of all deliverables and closure of the audit. An invoice will need to be submitted each time for payment.

3) The service does not constitute an employer/employee relationship;

4) The Contractor will not be subject to BOP supervision, except for security related matters. However, Contractor performance shall be closely monitored; and

5) The Contractor may be terminated by the BOP for good cause to include, among other things, any violation of the PREA standards, federal, state, or local laws, which reasonably calls into question the auditor’s fitness to continue serving as the auditor.

6) The auditors must comply with the DOJ Auditor Handbook dated August 2017 and any additional updated DOJ Auditor Handbooks.

7) Sufficient DOJ certified auditors will be assigned in order to complete the site visit Tuesday through Thursdays. The auditors shall work no more than 8 hours per day.

8) The Contractor shall be able to conduct up to three audits a week.