15M40018RA3500001_-_E-NY_Detention_Services_Solicitation.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

15M40018RA3500001

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

01/10/2018

6. REQUISITION/PURCHASE

NUMBER

M-18-D53-R-000001

CODE 15M400

Prisoner Operations Division POD, CG-3 3rd Floor USMS Landover Operations Center 3601 Pennsy Drive Landover, MD 20785

Carrie Cross

(O) 703-740-8436 carrie.cross@usdoj.gov

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

16:00:00 02/07/2018 (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Carrie Cross AREA CODE

NUMBER

740-8436

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

carrie.cross@usdoj.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 5 X I CONTRACT CLAUSES 11

X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 21 X J LIST OF ATTACHMENTS 38

X D PACKAGING AND MARKING 1 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 9X G CONTRACT ADMINISTRATION DATA 3

X M EVALUATION FACTORS FOR AWARD 2X H SPECIAL CONTRACT REQUIREMENTS 10

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%) 20 CALENDAR DAYS(%) 30 CALENDAR DAYS(%) 0 CALENDAR DAYS(%)

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE 15M053

UNITED STATES MARSHAL-E/NY

EASTERN DISTRICT OF NEW YORK

G80 U.S. COURTHOUSE

225 CADMAN PLAZA EAST

BROOKLYN, NY 11201-1818

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) Carrie Cross

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

15M40018RA3500001 Page 1 of 82

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs

B.1 Description of Services B.2 Contract Type B.3 Pricing Instructions B.4 Pricing Schedule

C Description/Specifications/Statement of Work C.1 Definitions/Acronyms C.2 Introduction C.3 General C.4 Quality Control Program C.5 Government Quality Surveillance Plan C.6 Inspection By Regulatory and Other Federal Agencies C.7 Performance Evaluation Meetings C.8 Required Services C.8.A Administration and Management C.8.A.1 Policies and Procedures C.8.A.2 Quality Control C.8.A.3 Detainee Record C.8.A.4 Facility Admission and Orientation Program C.8.A.5 Detainee Property C.8.A.6 Detainee Transfers and Releases C.8.A.7 Detainees with Disabilities C.8.A.8 Discrimination Prevention C.8.A.9 Staffing C.8.A.9.1 Employment Procedures C.8.A.9.1.a Waivers C.8.A.9.1.b Other Employment Requirements C.8.A.9.2 Employment Agreement C.8.A.9.3 Key Personnel C.8.A.9.4 Essential Personnel C.8.A.9.5 Prisoner Processing C.8.A.9.6 Staff Vacancies C.8.A.9.7 Subcontractors C.8.A.9.8 Volunteers C.8.A.9.9 Translators and Bilingual Staffing C.8.A.10 Staff Training C.8.A.11 Emergency Plans C.8.A.12 External Agency Notifications C.8.B Health Care C.8.B.1 Health Care Administration C.8.B.2 Intake Health Screening C.8.B.3 Medical, Mental Health, and Dental Appraisals C.8.B.4 Access to Health Care C.8.B.5 Provision of Health Care C.8.B.6 Incident Health Care C.8.C Security and Control C.8.C.1 Correctional Supervision C.8.C.2 Detainee Accountability C.8.C.3 Control of Contraband C.8.C.4 Use of Force/Non-Routine Application of Restraints C.8.C.5 Weapons Control C.8.C.6 Keys, Tools, and Medical Equipment Control C.8.C.7 Post Orders C.8.C.8 Detainee Discipline C.8.C.9 Restrictive Housing C.8.C.10 Detainee Transportation C.8.C.10.a Staffing C.8.C.10.b Weapons C.8.C.10.c Ammunition C.8.C.10.d Holsters

15M40018RA3500001 Page 2 of 82

C.8.C.10.e Restraint Equipment C.8.C.10.f Uniforms/Identification C.8.C.10.g Firearms Testing and Licensing C.8.C.10.h Hospital Admissions C.8.D Food Service C.8.D.1 Food Service Administration C.8.D.2 Food Service Employee/Worker Health C.8.D.3 Food Storage and Preparation C.8.D.4 Equipment, Utensils, and Linens C.8.D.5 Detainee Meals and Special Diets C.8.F Safety and Sanitation C.8.F.1 Fire Safety and Chemical Control C.8.F.2 Sanitation and Environmental Control C.8.F.3 Clothing and Bedding C.8.F.4 Detainee Hygiene C.8.F.5 Emergency Power and Communication C.8.G Services and Programs C.8.G.1 Classification and Housing C.8.G.2 Access to the Courts and Legal Materials C.8.G.3 Mail C.8.G.4 Telephones C.8.G.5 Religious Programs C.8.G.6 Recreation C.8.G.7 Visitation C.8.G.8 Work Programs C.8.G.9 Grievance Program C.8.G.10 Commissary C.8.K Prison Rape Elimination Act (PREA) C.9 Facility Physical Plant Requirements C.10 Data and Property Rights

D Packaging and Marking D.1 Packing and Marking

E Inspection and Acceptance E.1 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996) E.2 Contractor Performance Assessment Reporting System (CPARS) E.3 Contractor Quality Control Plan E.4 Government Quality Assurance Surveillance Plan E.5 Contractor's Failure To Perform Required Services E.6 Facility Review (Yearly) E.7 Inspection By Regulatory Agencies E.8 Performance Evaluation Meetings E.9 Inspection and Receiving Report

F Deliveries and Performance F.1 Deliveries F.2 Performance F.3 Place Of Performance F.4 Emergencies F.5 Notice To The Government Of Delays

G Contract Administration Data G.1 Roles and Responsibilities of Government Personnel G.2 Contracting Officer G.3 USMS-0012 Contracting Officer’s Representative (COR) (AUG 2017) G.4 Technical Direction G.5 Invoice Preparation and Submission G.6 Billing Procedure G.7 USMS-0001 Release of Residual Funds ($100 or Less) G.8 USMS-0002 Release of Residual Funds (Greater Than $100) G.9 USMS-0010 Contract Closeout Fixed-Price Contract G.10 USMS-0011 Release of Claims

H Special Contract Requirements H.1 Change in Key Personnel H.2 Post-Award Performance Conference H.3 Insurance Requirements H.4 Prohibition Against Soliciting and Performing Personal Services H.5 Other Contract Restrictions

15M40018RA3500001 Page 3 of 82

H.6 Publicity H.7 Notification of Adverse and Potential Adverse Claims Against Company H.8 DJAR-PGD-02-02A Non-U.S. Citizens Prohibited from Access to DOJ Information Technology (IT) Systems H.9 DJAR-PGD-07-12 Maintaining Contractor Performance During a Pandemic or Other H.10 DJAR-PGD-08-04 Security of Systems and Data, Including Personally Identifiable H.11 DJAR-PGD-15-02-1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) H.12 DJAR-PGD-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) H.13 DJAR-PGD-15-02-1C Contractor Certification of Compliance with Federal Tax Requirements - Solicitation - (DEVIATION 2015-02) (March 2015) H.14 DJAR-PGD-15-03 Security of Department Information and Systems

I Contract Clauses I.1 52.203-14 Display of Hotline Poster(s) (Oct 2015) I.2 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) I.3 52.215-19 Notification of Ownership Changes (Oct 1997) I.4 52.216-18 Ordering (Oct 1995) I.5 52.216-19 Order Limitations (Oct 1995) I.6 52.216-22 Indefinite Quantity (Oct 1995) I.7 52.217-8 Option to Extend Services (Nov 1999) I.8 52.217-9 Option to Extend the Term of the Contract (Mar 2000) I.9 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) I.10 52.222-35 Equal Opportunity for Veterans (Oct 2015) I.11 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014) I.12 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) I.13 52.232-18 Availability of Funds (Apr 1984) I.14 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) I.15 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) I.16 52.237-7 Indemnification and Medical Liability Insurance (Jan1997) I.17 52.239-1 Privacy or Security Safeguards (Aug 1997) I.18 52.252-6 Authorized Deviations in Clauses (Apr 1984) I.19 USMS-0007 Federal Workplace Responses to Domestic Violence, Sexual Assault and Stalking (Dec 2014) I.20 DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability – Award (DEVIATION 2015-02) (March 2015) I.21 DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse – Award (DEVIATION 2015-02) (March 2015)...63 I.22 DJAR-PGD-15-02-2C Contractor Certification of Compliance with Federal Tax Requirements – Award (DEVIATION 2015-02) (March 2015)

J List of Attachments K Representations, Certifications and Other Statements of Offerors

K.1 52.204-8 Annual Representations and Certifications (Nov 2017) K.2 52.204-22 Alternative Line Item Proposal (Jan 2017) K.3 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) K.4 52.209-7 Information Regarding Responsibility Matters (Jul 2013) K.5 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) K.6 52.209-12 Certification Regarding Tax Matters (Feb 2016) K.7 52.215-6 Place of Performance (Oct 1997) K.8 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) K.9 52.222-25 Affirmative Action Compliance (Apr 1984) K.10 52.222-38 Compliance With Veterans’ Employment Reporting Requirements (Feb 2016) K.11 52.252-5 Authorized Deviations in Provisions (Apr 1984)

L Instructions, Conditions and Notices to Offerors L.1 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010) L.2 52.233-2 Service of Protest (Sept 2006) L.3 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) L.4 Questions From Offeror's Concerning the Solicitation L.5 Submission of Proposal L.6 Freedom of Information Act L.7 Disposition of Proposals

15M40018RA3500001 Page 4 of 82

M Evaluation Factors for Award M.1 Evaluation Factors for Award M.2 Overall Relative Importance of Evaluation Criteria M.3 Basis for Award

15M40018RA3500001 Page 5 of 82

Section B - Supplies or Services and Prices/Costs

The contractor shall provide all management, supervision, manpower, materials, supplies, and equipment for the management and operation of a Contractor-Owned/Contractor-Operated detention facility located in the District of Eastern New York.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Housing Detention Services

Line Period of Performance: 07/01/2018 - 06/30/2019

Base Period

0.000000 $____________ $___________________

0002 Off-Site Guard Services

Line Period of Performance: 07/01/2018 - 06/30/2019

Base Period

0.000000 $____________ $___________________

1001 Housing Detention Services

Line Period of Performance: 07/01/2019 - 06/30/2020

Base Period

0.000000 $____________ $___________________

1002 Off-Site Guard Services

Line Period of Performance: 07/01/2019 - 06/30/2020

Base Period

0.000000 $____________ $___________________

2001 Housing Detention Services

Line Period of Performance: 07/01/2020 - 06/30/2021

Option Period

0.000000 $____________ $___________________

2002 Off-Site Guard Services

Line Period of Performance: 07/01/2020 - 06/30/2021

Option Period

0.000000 $____________ $___________________

3001 Housing Detention Services

Line Period of Performance: 07/01/2021 - 06/30/2022

Option Period

0.000000 $____________ $___________________

3002 Off-Site Guard Services

Line Period of Performance: 07/01/2021 - 06/30/2022

Option Period

0.000000 $____________ $___________________

4001 Housing Detention Services

Line Period of Performance: 07/01/2022 - 06/30/2023

Option Period

0.000000 $____________ $___________________

4002 Off-Site Guard Services

Line Period of Performance: 07/01/2022 - 06/30/2023

Option Period

0.000000 $____________ $___________________

5001 Housing Detention Services

Line Period of Performance: 07/01/2023 - 06/30/2024

Option Period

0.000000 $____________ $___________________

5002 Off-Site Guard Services 0.000000 $____________ $___________________

15M40018RA3500001 Page 6 of 82

Line Period of Performance: 07/01/2023 - 06/30/2024

Option Period

6001 Housing Detention Services

Line Period of Performance: 07/01/2024 - 06/30/2025

Option Period

0.000000 $____________ $___________________

6002 Off-Site Guard Services

Line Period of Performance: 07/01/2024 - 06/30/2025

Option Period

0.000000 $____________ $___________________

7001 Housing Detention Services

Line Period of Performance: 07/01/2025 - 06/30/2026

Option Period

0.000000 $____________ $___________________

7002 Off-Site Guard Services

Line Period of Performance: 07/01/2025 - 06/30/2026

Option Period

0.000000 $____________ $___________________

8001 Housing Detention Services

Line Period of Performance: 07/01/2026 - 06/30/2027

Option Period

0.000000 $____________ $___________________

8002 Off-Site Guard Services

Line Period of Performance: 07/01/2026 - 06/30/2027

Option Period

0.000000 $____________ $___________________

9001 Housing Detention Services

Line Period of Performance: 07/01/2027 - 06/30/2028

Option Period

0.000000 $____________ $___________________

9002 Off-Site Guard Services

Line Period of Performance: 07/01/2027 - 06/30/2028

Option Period

0.000000 $____________ $___________________

INDIVIDUAL CLIN PRICING ABOVE WILL BE COMPLETED AT TIME OF AWARD

Clauses By Full Text

B.1 Description of Services

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the management and operation of a contractor-owned/contractor-operated detention facility operated on a 24 hour per day, seven day per week, 365 day per year basis for federal detainees as defined in this Solicitation. These comprehensive detention services will serve a population principally consisting of individuals charged with federal offenses and detained while awaiting trial or sentencing.

The period of performance for any contract, which the Government may award under the terms and conditions specified herein, will be for a 24 month Base Period, with up to four (4) 24 month Options Periods. Potentially, the contract could be for a ten year period.

B.2 Contract Type

This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) type of contract with Firm-Fixed-Price (FFP) unit prices. Funds for services to be provided under this contract will be obligated by each task order issued.

15M40018RA3500001 Page 7 of 82

B.3 Pricing Instructions

For purposes of this solicitation, the offeror must submit an offer for the total 24 month Base Period (2-year) requirement and each of the four (4) 24 month Option Periods (2-year). The prices will be for providing all services as required by the solicitation.

For each Performance Year of the multi-year base and option periods, the Government will notify the contractor that funds are avail-able for performance no later than the first day of the pertinent fiscal year. If the contractor is not notified funds are available, cancel-lation of the contract may occur within 60 days of the start of the pertinent fiscal year.

Accordingly, Program Year 2, of the Base Period will be subject to cancellation in the event funds are not available. The cancellation ceiling for Program Year 2 of the Base Period is as follows:

Program Year 2 (Base Period) - 30% of the Total Base Period Price

Additionally, Program Year 2, of each Option Period will be subject to cancellation in the event funds are not available. The cancella-tion ceiling for Program Year 2 of each Option Period is as follows:

Program Year 2 (Option Period) - 20% of the Total Option Period Price

Any cancellation and related contractor claim for costs will be handled in accordance with contract clause at 52.217-2, Cancellation Under Multi-year Contracts (Oct 1997) (See Section I of the solicitation) and the cancellation ceilings set forth above.

Commissary/Canteen/Telephone Activities

The operating budget and salaries for Commissary/Canteen/Telephone Activities shall not be included in the provided pricing.

In accordance with Section C.8.G.10, the Contractor shall operate a Commissary, Canteen, or Telephone System Activities from which detainees can purchase approved items that are not furnished by the facility.

Funds from these operations shall be used to fund only the number of Commissary, Canteen, and Telephone System positions author-ized in the approved Staffing Plan and shall not be included in the provided CLIN pricing. These activities shall be self-sufficient.

At no time may funds be expended for the regular salary of any positions exceeding the number of staff approved in the Staffing Plan.

Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (May 2014).

The offeror certifies that the prices in this offer do not include any allowance for any contingency to cover increased costs for which adjustment is provided under the clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjust-ment (Multiple Year and Option Contracts) (May 2014)(Located Section I).

The offeror certifies that the prices in this offer do not include the salaries for Commissary/Canteen/Telephone Activity positions.

These positions are subject to clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts)(May 2014)(Located Section I) and shall not be included on any subsequent pricing adjust-ments. Pricing adjustments for these positions shall be approved by the Contracting Officer and accounted for in the operating budget of that operation.

B.4 Pricing Schedule

For purposes of price evaluation and according to the above instructions, the offeror must enter the proposed prices on the Pricing Schedules as provided below:

1. Contract Line Item No. 0001 – Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 150 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 151 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average

15M40018RA3500001 Page 8 of 82 daily population of 150 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 151 and 250.

Contract Line Item No. 0001 – Fixed Monthly Operating Price and Fixed Incremental Unit Price

Performance Period Fixed Monthly Operating Price ADP of 150

Fixed Incremental Unit Price Detainee Day

151-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

The Government is exploring alternative pricing options and requests offerors to provide pricing for the alternatives provided below, additional pricing alternative may also be proposed using this format:

2. ALTERNATIVE #1 - Contract Line Item No. 0001 – Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 125 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 126 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average daily population of 125 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 126 and 250.

ALTERNATIVE #1 - Contract Line Item No. 0001 – Fixed Monthly Operating Price and Fixed Incremental Unit Price

ALTERNATIVE #1

Performance Period

Fixed Monthly Operating Price ADP of 125

Fixed Incremental Unit Price Detainee Day

126-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

3. ALTERNATIVE #2 - Contract Line Item No. 0001 – Detainee Housing

24-Month Base Period

a. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price Monthly Operating Price (MOP) for all services specified herein for an average daily population of 175 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 176 and 250.

Each 24-Month Option Period

c. Fixed Price Monthly Operating Price: The offeror shall submit a fixed price MOP for all services specified herein for an average daily population of 175 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 176 and 250.

ALTERNATIVE #2 - Contract Line Item No. 0001 – Fixed Monthly Operating Price and Fixed Incremental Unit Price ALTERNATIVE #2 Fixed Monthly Operating Price Fixed Incremental Unit Price

15M40018RA3500001 Page 9 of 82

Performance Period ADP of 175 Detainee Day 176-250

Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

4. ALTERNATIVE #3 - Contract Line Item No. 0001 – Detainee Housing

24-Month Base Period

a. Fixed Incremental Unit Price: The offeror shall submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed for all services specified herein for an average daily population of 150 detainees.

b. Fixed Incremental Unit Price: Offeror must submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed between 151 and 250.

Each 24-Month Option Period

c. Fixed Incremental Unit Price: The offeror shall submit a Fixed Incremental Unit Price (FIUP) which will apply for all detainees housed for all services specified herein for an average daily population of 150 detainees.

d. Fixed Incremental Unit Price (FIUP): Offeror must submit a FIUP which will apply for all detainees housed between 151 and 250.

ALTERNATIVE #3 - Contract Line Item No. 0001 – Fixed Monthly Operating Price and Fixed Incremental Unit Price

ALTERNATIVE #3

Performance Period

Fixed Incremental Unit Price Detainee Day

0-150

Fixed Incremental Unit Price Detainee Day

151-250 Base Period (24 Months) Option Period #1 (24 Months) Option Period #2 (24 Months) Option Period #3 (24 Months) Option Period #4 (24 Months)

Contract Line Item No. 0002 – Detainee Transportation and Remote Detention Officer Services Offeror shall provide pricing in accordance with Section J - Attachment #2, Pricing Instructions for Transportation, Escort, and Re-mote Detention Officer Service Requirement for the Eastern District of New York.

Performance Period Estimated Hours Hourly Rate Base Period (24 Months) 16,000 Option Period #1 (24 Months) 16,000 Option Period #2 (24 Months) 16,000 Option Period #3 (24 Months) 16,000 Option Period #4 (24 Months) 16,000

*Note: The estimated hours provided are for evaluation purposes only and do not represent any guarantee on the Govern-ment’s part to order the quantities listed. Quantities will vary according to the requirements of the U.S. Marshals Service.

15M40018RA3500001 Page 10 of 82

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 Definitions/Acronyms

ACA: American Correctional Association.

ALDF: Performance –Based Standards for Adult Local Detention Facilities

ADMINISTRATIVE SEGREGATION: A unit of housing for detainees whose continued presence in the general population poses a serious threat to life, property, self, staff, or other detainees.

ALIEN: Any person who is not a citizen of the United States.

BOOKING: It is a procedure for the admission of an USMS detainee, which includes searching, fingerprinting, photographing, med-ical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's accompanying personal property.

CLASSIFICATION: A process for determining the needs and requirements of detainees for whom detention has been ordered and for assigning them to housing units and programs according to their needs, security risk level and existing resources of the facility.

CLINICALLY ORDERED SECLUSION: A therapeutic intervention initiated by medical or mental health staff to use rooms designed to safely limit a patient’s mobility in a crisis due to physical or mental illness (suicide watch).

CLINIC SPACE: Sufficient and suitable space, supplies and equipment available for the facility’s medical, dental and mental health care services.

CONTRABAND: Any item possessed by detainees or found within the confinement of the facility which is declared illegal by law or which is expressly prohibited by facility policies and procedures.

CONTRACTING OFFICER (CO): The Government employee empowered to award, administer, modify and terminate contracts.

The only individual authorized to issue changes to this contract.

CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the government responsible for monitoring all technical aspects and assisting in administering the contract.

CONTRACTOR: The entity which provides the services, described in this statement of work.

CONTROL ROOM: A room that integrates all internal and external security communications networks within a secure room. Activit-ies conducted within the control room have a critical impact on the institution’s orderly and secure operation.

DESIGNATED MENTAL HEALTH CLINICIAN: A psychiatrist, psychologist or psychiatric social worker who is responsible for clinic mental health issues when mental health services at the facility are under a different authority than the medical services.

ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document initiates the analysis and evaluation of environment-al effects of proposed actions, and contemplates alternative proposals. This document is the basis for deciding whether or not an En-vironmental Assessment is required.

ENVIRONMENTAL ASSESSMENT (EA): Specific document summarizing the results of thorough analysis of environmental im-pacts caused by proposed actions. This document is the basis for deciding whether or not an Environmental Impact Statement is re-quired.

ENVIRONMENTAL IMPACT STATEMENT (EIS): Comprehensive document provides full and fair discussion of significant envir-onmental impacts caused by the proposed action(s). It also states the reasonable alternatives, which would avoid or minimize the ad-verse impact(s) or enhance the quality of the human environment.

EMERGENCY: Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, medical exigency, natural disaster or other serious incident.

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EMERGENCY MEDICAL CARE: Care for an acute illness or unexpected serious healthcare need that cannot be deferred until the next scheduled sick call.

FACILITY: The physical plant and grounds in which the Contractor’s services are operated.

FACILITY ADMINISTRATOR: The official, regardless of local title (e.g., Jail Administrator, Facility Director, Superintendent) who has the ultimate responsibility for managing and operating the contract detention facility. The qualifications for the holder of this of-fice shall be consistent with ACA standards and the Functional Areas of the FPBDS.

FINDING OF NO SIGNIFICANT IMPACT (FONSI): Formal statement indicating that no significant effect upon the quality of the human environment will occur as a result of the proposed action(s).

FPBDS: Federal Performance Based Detention Standards

GRIEVANCE: A written complaint filed by a detainee with the facility administrator concerning personal health/welfare or the oper-ations and services of the facility.

HEALTH ADMINISTRATOR: The person who by virtue of education, experience, or certification (e.g. MSN, MPH, MHA, FACHE, CCHP) is capable of assuming responsibility for arranging all levels of health care and ensuring quality and accessible health services for detainees.

HEALTH AUTHORITY (Clinical Director): The physician on-site to whom the responsibility for the facility's health care services has been officially designated in writing to, including arrangements for all levels of health care and the ensuring of quality and access-ibility of all health services provided to detainees.

HEALTH CARE: To provide for the physical and mental well being of a population. Health care includes medical and dental ser-vices, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.

HEALTH-TRAINED PERSONNEL: Individuals trained in limited aspects of health care as determined by the responsible physician, and may include correctional officers and other non-health personnel.

IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), brothers and sisters (including stepbrothers and sisters and half-brothers and sisters) and their spouses.

INFIRMARY: An area within the health unit accommodating patients for a period of 24 hours or more, expressly set up and operated for the purpose of caring for patients who need skilled nursing care but are not in need of hospitalization or placement in a licensed nursing facility, and whose care cannot be managed safely in an outpatient setting. It is not the area itself, but the scope of care provided that makes the bed an infirmary bed.

INFIRMARY CARE: Care provided to patients with an illness or diagnosis that requires daily monitoring, medication and/or therapy, or assistance with activities of daily living at a level needing skilled nursing intervention.

JPATS: Justice Prisoner and Alien Transportation System – Transporting/transferring Federal Prisoner and Detainees

LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.

MEDICAL RECORDS: Records of medical screening assessments, examinations and diagnosis maintained in accordance with guid-ance by the Health Authority. The following information from these records shall be transferred to the detainee record: date and time of all medical examinations; medical alert information (medical allergies, special diets, mental status); critical information from the medical record in support of current treatments/diagnoses; and, copies of standing or direct medical orders from the physician to the facility staff.

MEDICAL RECEIVING SCREENING: Is a process of structured inquiry and observation of all detainees being admitted, designed to obtain immediate treatment for detainees who are in need of emergency health care, identify and meet ongoing current health needs, and isolate those with communicable diseases.

OMO: Office of Medical Operations, Prisoner Operations Division, U.S. Marshals Service.

ON CALL/REMOTE CUSTODY OFFICER POST: These posts shall be operated on demand by the COR. Duties shall include es-corting and maintaining custody of detainees for hearings, USMS/ICE interviews, and any other location requested by the COR.

PHYSICIAN: A person licensed to practice medicine in the United States, with whom the facility enters into a contractual agreement to provide health care services to the detainee population of the facility in accordance with guidance from the Health Authority.

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PRISONER DAY: For prisoner population in excess of the minimum guarantee the Contractor shall charge the fixed incremental unit price (FIUP). The FIUP may be charged for the day of arrival but not for the day of departure. The Contractor shall not bill the Gov-ernment for any day(s) that a prisoner stays overnight outside the Contractor’s facility.

PRISONER: Any person confined in the custody of the United States Marshal Service. Detainee: Any person confined under the auspice and the authority of other Federal agencies.

PRISONER/DETAINEE RECORDS: Information concerning the individual's personal and criminal history, medical summary alerts, behavior, and activities while in custody, including, but not limited to:

A. Prisoner/Detainee, Personal Property B. Receipts, Visitor’s List, Photographs, C. Fingerprints, Disciplinary Infractions D. Actions Taken, Grievance Reports, Medical Alerts (form USM 130) E. Work Assignments, Program Participation, F. Miscellaneous Correspondence, etc.

G. Medical Summary of Federal Prisoner/Alien in Transit (form USM 553)

QUALIFIED HEALTH CARE PROFESSIONAL: Includes physicians, physicians’ assistants, nurses, nurse practitioners, dentists, mental health professionals, and others who by virtue of their education, credentials and experience are permitted by law to evaluate and care for patients.

QUALIFIED MENTAL HEALTH PROFESSIONAL: Includes psychiatrists, psychologists, psychiatric social workers, psychiatric nurses, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the men-tal health needs of patients.

RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly chains, leg irons, straight jackets, flexi-cuffs, soft (leather) cuffs, and leg weights.

RESTRICTIVE HOUSING UNIT: The space set aside within the facility for administrative and disciplinary segregation.

SAFETY EQUIPMENT: This includes but is not limited to fire fighting equipment, i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas masks, fans, first aid kits, AED, stretchers and emergency alarms.

SALLYPORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, contain-ing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there shall be no breach in the perimeter or interior security of the facility.

SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, floors, walls and barriers used to confine and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security.

SECURITY PERIMETER: The outer portions of a facility, which actually provide for secure confinement of detainees.

STANDING MEDICAL ORDERS: Written orders, by a physician, to qualified health care personnel and health trained personnel that specify the same course of treatment for each patient suspected of or having a given condition, and that specify the use and amount of prescription drugs.

TRAINING: An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contract service, at professional meetings or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.

TRANSPORTATION AND OUTSIDE GUARD SERVICES COSTS: All materials, equipment and labor required to perform trans-portation and outside guard services.

WEAPONS: This includes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chem-ical weapons (MACE), and nightsticks.

C.2 Introduction

This Performance Work Statement (PWS) sets forth the contract performance requirements for the management and operation of a Contractor-owned/Contractor-operated detention facility operated on a 24 hour per day, seven day per week, 365 day per year basis

15M40018RA3500001 Page 13 of 82 for federal detainees. The population will be individuals charged with federal offenses and detained while awaiting trial or sentencing or hearings. The USMS will award a contract that allows the components of the Federal government, including the USMS, Bureau of Prisons (BOP), as well as the U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS), to house detainees at the facility.

In order to use the facility, ICE and the BOP must receive prior written approval from the Contracting Officer. ICE and the BOP shall issue the delivery orders against the contract with copies provided to the USMS COR and USMS Contracting Officer (CO) after re-ceiving USMS COR approval. Once the approval is received the contractor shall provide housing space for ICE and BOP’s detain-ees. The contractor shall bill ICE and the BOP directly with copies to the USMS COR and CO. ICE and the BOP shall be responsible for payment of all invoices directly to the contractor. With 14 days notice, the USMS may require ICE or the BOP to relocate their detainees to other facilities.

It is the policy of the United States Marshal Service (USMS) to ensure the secure custody, care, and safekeeping of USMS detainees.

Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreation/exercise areas.

The Facility shall have the capability to accommodate at least 250 prisoners at a single site. The facility shall be located within United States Marshals Service, Eastern District of New York. The facility’s detainee housing units, cells, and recreation areas shall be compliant with ACA-ALDF standards. The facility shall also be located within appropriate proximity and access to emergency ser-vices (medical, fire protection, law enforcement, etc.).

The facility shall have 5 sound proof video conferencing stations to facilitate confidential communication with the Federal Courts, U.S. Probation Office, and the Federal Public Defenders Office.

Within 90 days of contract award, contract performance shall begin upon written issuance of the Notice to Proceed (NTP) signed by the CO. Upon receipt of the NTP, the contractor shall immediately begin accepting detainees. The Contractor’s ability to perform in accordance with the terms of the contract will be assessed prior to issuance of the Notice to Proceed (NTP). (See Section F.2)

The initial acceptance of detainees into the facility shall be in accordance with an agreed upon plan to incrementally phase-in the de-tainee population. Approval for each initial increment of detainees to be admitted into the facility shall be obtained from the Contract Officer.

Unless otherwise specified, all plans, policies and procedures, including those identified in the ACA ALDF Standards and the Federal Performance-Based Detention Standards (FPBDS) located at https://www.usmarshals.gov/prisoner/detention-standards.htm shall be developed by the Contractor and submitted in writing to the CO for review and concurrence prior to issuance of the NTP. Once con-currence has been granted, these plans, policies and procedures shall not be modified without the prior written acknowledgment of the COR. Whether required by this PWS, elsewhere in this contract, or within the Contractor’s proposal, the Contractor shall adhere to all plans requested and incorporated in the resulting contract. The Contractor does not have a right of refusal and shall take all referrals from the USMS. The Contractor shall furnish all personnel, management, equipment, supplies and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the Contractor is responsible for all the costs associated with and in-curred as part of providing the services outlined in this contract.

C.3 General

All services and programs shall comply with the PWS and all applicable federal, state and local laws and regulations; applicable Pres-idential Executive Orders (E.O.), Congressional mandates, case law and Court Orders. Should a conflict exist between any of the aforementioned standards, the most stringent shall apply. When a conflict exists and a conclusion cannot be made as to which stand-ard is more stringent, the CO shall determine the appropriate standard.

The Government reserves its rights to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess contract compliance.

Unless specified, the Contractor is required to perform in accordance with the most current editions of the Federal Performance-Based Detention Standards (https://www.usmarshals.gov/prisoner/detention-standards.htm), American Correctional Association (ACA), Performance-Based Detention Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, National Commis-sion on Correctional Health Care (NCCHC) Standards for Health Services in Jails.

The Contractor shall obtain ACA and NCCHC accreditation within 24 months of NTP and shall maintain continual compliance with all ACA standards and supplements during the performance of the contract, unless otherwise specified by the USMS. If the facility is already ACA accredited at the time of Contract Award, the offeror shall maintain accreditation for the term of the contract. Once full accreditation has been obtained, the Contractor shall maintain this accreditation throughout the life of the contract, inclusive of any option periods exercised. Failure to perform in accordance with contract requirements and to obtain ACA accreditation within 24 months from the NTP may result in a reduction of the contract price.

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Accomplishment of some ACA standards is augmented by the FPBDS /DOJ/USMS’ policy and/or procedure. In these instances, the PWS identifies and provides direction for the enhanced requirements. In cases where other standards conflict with USMS’ Policy or Standards, USMS’ Policy and Standards shall prevail.

This PWS contains numerous references, which direct the Contractor to notify, contact or provide the CO with information or data.

Post-award, the CO may formally designate the COR to assume some of those responsibilities. The COR does not have the authority to modify the stated terms of the contract nor to approve any action which would result in additional charges to the Government. All such changes must be made in writing by the CO.

All records related to contract performance shall be retained in a retrievable format for the duration of the contract. Except as other-wise expressly provided in this PWS, the Contractor shall, upon completion or termination of the resulting contract, transmit to the Government any records related to performance of the contract.

The Contractor shall comply with all statutes, regulations and guidelines from the National Archives and Records Administration. Re-cords and information management functions are required and mandated by the following regulations: 44 U.S.C., 21, 29, 31 and 33;

36 CFR 12; 41 CFR 201 subchapters A and B; OMB Circular A-130; and DOJ Order 2710.8A, Removal and Maintenance of Docu-ments. Criminal penalties for unlawfully destroying, damaging or removing federal records are addressed in 18 USC 2071, 793, 794 and 7989.

The Contractor shall protect, defend, indemnify, save and hold harmless the United States Government, the DOJ and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connec-tion with, any negligent acts or omissions of the Contractor, its agents, sub-contractors, employees, assignees or any one for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorneys fees incurred as a res-ult of any such claim, demand, cause of action, judgment or liability, including those costs, expenses and attorneys fees incurred by the United States Government, the DOJ and its employees or agents. The Contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Con-tractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The Contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for al-leged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the filing. The Contractor shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Contractor litigation.

Policy and procedures shall be developed which ensure a positive relationship is maintained with all levels of the federal judiciary.

The Contractor’s procedures shall ensure a tracking system is established which mandates that all judicial inquiries and program re-commendations are responded to in a timely and accurate manner. All judicial inquiries and Contractor responses, specifically related to a detainee, shall be made part of the detainee's file. The Contractor shall notify the COR (with copy to the CO) when a member of the United States Congress or the media requests information or requests to visit the facility. The Contractor shall coordinate all pub-lic information related issues with the CO, who shall, in accordance with USMS Policy Directive 1.3 Media, coordinate the release with the Office of Public Affairs. All press statements and releases shall be cleared, in advance, with the CO.

The contractor, their employees, agents, or sub-contractors shall not release any information regarding the facility population, security level, personal identifiers, or medical issues to anyone outside the USMS without express permission of the CO, COR, or their design-

ee. Any inquiries regarding any inmate or other matter related to the contract shall immediately be referred to the COR. The contract-or shall immediately notify the COR of any incident where they believe information was released by their employee, agent, or sub-contractor related to a USMS’ matter.

The Contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the DOJ in any public presentations they make or articles they write that relate to any aspect of contract per-formance or the facility operations.

C.4 Quality Control Program

The Contractor is responsible for a Quality Control Program (QCP), which ensures all requirements of this PWS are achieved.

The Contractor is responsible for management and quality control actions necessary to meet the quality standards set forth in the con-tract. The Contractor shall provide a Quality Control Plan (QCP) as part of their proposal. The contractor’s QCP instrument shall cor-respond with the FPBDS and consist of an ongoing/perpetual QCP performed by facility staff and a comprehensive annual QCP re-view conducted by non-facility staff. Results of the Contractor’s Quality Control Program shall be provided to the COR within 30-days of completion. QCP records shall be maintained through the contract performance period and until final settlement of any claims under this contract.

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The CO will notify the Contractor of acceptance or required modifications to the plan before the contract start date.