Solicitation_15M40020RA3500002_-_El_Centro.pdf

Table of Contents

Section B – Supplies or Services Prices/Costs

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

Section C - Performance Work Statement – El Centro

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 Administration and Management C.8.A Administration and Management

C.8.A.1 Policies and Procedures C.8.A.2 Quality Control C.8.A.3 Prisoner Record C.8.A.4 Facility Admission and Orientation Program C.8.A.5 Admission and Release Procedures C.8.A.6 Classification C.8.A.7 Prisoner Property C.8.A.8 Prisoner Welfare Fund C.8.A.9 Prisoner Funds C.8.A.10 Unclaimed Prisoner Funds C.8.A.11 Prisoner Transfers and Releases C.8.A.12 Prisoners with Disabilities C.8.A.13 Discrimination Prevention C.8.A.14 Staffing C.8.A.15 Key Position Personnel Approval C.8.A.16 Employment Procedures C.8.A.17 Waivers C.8.A.18 Other Employment Requirements C.8.A.19 Employment Agreement C.8.A.20 Key Personnel C.8.A.21 Essential Personnel C.8.A.22 Prisoner Processing C.8.A.23 Staff Vacancies C.8.A.24 Subcontractors Definitions C.8.A.25 Volunteers C.8.A.26 Translators and Bilingual Staffing

C.8.A.27 Staff Training C.8.A.28 Emergency Plans C.8.A.29 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.B.7 Health Care Accreditation C.8.B.8 Administration C.8.B.9 Services C.8.B.10 Medical Staffing C.8.B.11 Pharmacy Services C.8.B.12 Infectious Disease Management Program C.8.B.13 Infectious Disease Management C.8.B.14 Preventive Health Services C.8.B.15 Management of Chronic Medical Conditions C.8.B.16 Quality Improvement C.8.B.17 Inmate Death C.8.B.18 Medical Records C.8.B.19 Data Collection and Management

C.8.C Security and Control C.8.C.1 Correctional Supervision C.8.C.2 Prisoner 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 Prisoner Discipline C.8.C.9 Restrictive Housing C.8.C.10 Prisoner Transportation

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 Prisoner Meals and Special Diets

C.8.E Reserved 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 Prisoner 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 Program 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.H Prison Rape Elimination Act (PREA) C.9 Facility Physical Plant Requirements C.10 Data and Property Rights

Section D - Packaging and Marking

D.1 Packing and Marking

Section 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

Section F - Deliveries or Performance

F.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) F.2 Deliveries F.3 Performance F.4 Place of Performance F-5 Emergencies F-6 Notice to the Government of Delays

Section 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

Section 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 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-15-03 Security of Department Information and Systems

Section I - Contract Clauses

I.1 52.252-2 Solicitation Clauses Incorporated by Reference (Feb 1998) I.2 52.203-14 Display of Hotline Poster(s) (Oct 2015) I.3 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun

2016) I.4 52.215-19 Notification of Ownership Changes (Oct 1997) I.5 52.216-18 Ordering (Oct 1995) I.6 52.216-19 Order Limitations (Oct 1995) I.7 52.216-22 Indefinite Quantity (Oct 1995) I.8 52.217-8 Option to Extend Services (Nov 1999) I.9 52.217-9 Option to Extend the Term of the Contract (Mar 2000) I.10 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jan 2019) (Deviation 2019-O0003) I.11 52.222-35 Equal Opportunity for Veterans (Oct 2015) I.12 52.222-36 Equal Opportunity for Workers With Disabilities (Jul 2014) I.13 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) I.14 52.223-5 -- Pollution Prevention and Right-to-Know Information (May 2011) I.15 52.223-10 -- Waste Reduction Program (May 2011) I.16 52.228-5 -- Insurance -- Work on a Government Installation (Jan 1997) I.17 52.232-18 Availability of Funds (Apr 1984) I.18 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

I.19 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

I.20 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

I.21 52.237-7 Indemnification and Medical Liability Insurance (Jan1997) I.22 52.239-1 Privacy or Security Safeguards (Aug 1997) I.23 52.245-1 -- Government Property (Jan 2017) I.24 52.245-2 -- Government Property Installation Operation Services (Apr 2012) I.25 52.245-9 -- Use and Charges (Apr 2012) I.26 52.252-6 Authorized Deviations in Clauses (Apr 1984) I.27 USMS-0007 Federal Workplace Responses to Domestic Violence, Sexual Assault and Stalking (Dec 2014) I.28 USMS-0009 Non-Disclosure and Confidentiality Agreement

Section J – List of Attachments

Section K – Representations, Certifications, and Other Statements of Offerors

K.1 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998) K.2 52.204-8 Annual Representations and Certifications (Oct 2018) K.3 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec

2014) K.4 52.204-22 Alternative Line Item Proposal (Jan 2017) K.5 52.209-7 Information Regarding Responsibility Matters (Jul 2013) K.6 52.209-12 Certification Regarding Tax Matters (Feb 2016) K.7 52.252-5 Authorized Deviations in Provisions (Apr 1984)

Section L – Instructions, Conditions, Notices to Offerors

L.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.2 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data (OCT 2010) L.3 52.233-2 Service of Protest (Sept 2006) L.4 52.237-1 -- Site Visit (Apr 1984) L.5 Preproposal Conference L.6 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) ... 125 L.7 Questions From Offeror’s Concerning the Solicitation:

L.8 Submission of Proposal L.9 Freedom of Information Act L.10 Disposition of Proposals

Section M – Evaluation Factors for Award

M.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) M.2 Evaluation Factors for Award M.3 Overall Relative Importance of Evaluation Criteria M.4 Basis For Award

Section B – Supplies or Services Prices/Costs

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 Government-Owned/Contractor-Operated detention facility 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 El Centro Service Processing Center (SPC) in El Centro, California, is located 220 miles south of Los Angeles, and only 13.5 miles from the US-Mexico border. The El Centro SPC, owned by the Department of Homeland Security, United States Immigration and Customs Enforcement (ICE), was previously utilized to house immigrant detainees who were in removal proceedings, and has bed capacity for 512 detainees, with an 18 bed Restrictive Housing Unit (RHU).

The United States Marshals Service (USMS) established a Memorandum of Understanding (MOU) with ICE for use of the El Centro SPC in the Southern District of California (S/CA). ICE will retain facility ownership of the El Centro SPC, while the USMS will assume full operational control and fiscal responsibility.

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 three (3) 24 month Options Periods, and one (1) 9 month Option Period. Potentially, the contract could be for an eight year and nine month 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.

B.3 Pricing Schedule

Offerors must submit their proposed pricing on the Attached Pricing Schedule. See Attachment 13.

Section C - Performance Work Statement – El Centro

C.1 Definitions/Acronyms

ACA: American Correctional Association.

ALDF: Performance - Based Standards for Adult Local Detention Facilities

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

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

BOOKING: It is a procedure for the admission of an USMS Prisoner, which includes searching, fingerprinting, photographing, medical 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 Prisoners 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 Prisoners 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. Activities conducted within the control room have a critical impact on the facility'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.

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.

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 office 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

GOVERNMENT FURNISHED PROPERTY (GFP): Property in the possession of or directly acquired by the government and subsequently furnished to the contractor for performance of the contract.

GOVERNMENT PROPERTY: All property owned or leased by the Government.

Government property includes material, equipment and real property. Government does not include intellectual property and contractor supplied software.

GRIEVANCE: A written complaint filed by a Prisoner with the facility administrator concerning personal health/welfare or the operations 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 Prisoners.

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 accessibility of all health services provided to Prisoners.

HEALTH CARE: To provide for the physical and mental well-being of a population.

Health care includes medical and dental services, 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 of24 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 – Transportation/transferring Federal Prisoners.

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 guidance by the Health Authority. The following information from these records shall be transferred to the Prisoner 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 Prisoners being admitted, designed to obtain immediate treatment for Prisoners 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 escorting and maintaining custody of Prisoners 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 Prisoner population of the facility in accordance with guidance from the Health Authority.

PRISONER: Any person confined in the custody of the United States Marshal Service.

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 Government for any day(s) that a Prisoner stays overnight outside the Contractor's facility.

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

Prisoner, Personal Property Receipts, Visitor's List, Photographs, Fingerprints, Disciplinary Infractions Actions Taken, Grievance Reports, Medical Alerts (form USM 130) Work Assignments, Program Participation, Miscellaneous Correspondence, etc.

Medical Summary of Federal Prisoner/Alien in Transit (form USMS 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 mental 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 firefighting 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.

SALLY PORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing 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 Prisoners. 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 Prisoners.

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 a facility 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 transportation and outside guard services.

WEAPONS: This includes but is not limited to firearms, ammunition, knives, slappers, billy clubs, electronic defense modules, chemical 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 Government Owned/Contractor- Operated detention facility operated on a 24 hour per day, seven day per week, and 365 day per year basis for federal Prisoners.

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 (OHS), to house Prisoners at the facility.

The Facility shall have the capability to accommodate at least 512 Prisoners at a single site. The facility shall be located within United States Marshals Service, El Centro, California Southern District of California. Unless otherwise noted in this PWS, the USMS occupied portion of the El Centro facility will be identified as the El Centro Detention Facility.

The population in the USMS occupied portion of the El Centro facility will be a maximum security facility consisting of an adult male and female population primarily facing criminal charges ordered held in pre-trial detention. The population may also include criminal aliens (non-U.S. citizens) charged with criminal federal law violations.

However, the USMS may detain in the detention center any Prisoner remanded to the custody of the USMS and held in pre-trial detention.

Offerors are prohibited from housing non-federal inmates at this facility. The Contractor will be required to house a daily population of 100% of the Prisoner population. The facility includes a Restrictive Housing Unit (RHU) with 18 beds. The RHU beds shall be additional beds used only for the purposes of a RHU and shall not be included in the 100% general population bed space.

The Contractor is prohibited from constructing any additional bed space or facilities at the contract location after award without the prior written approval of the CO.

The Government will provide the property identified in Attachment 12 and in "As Is" condition and is meant for provisional start-up services and it will be the contractor's responsibility to replace if the property is needed to provide service.

Property listed in Attachment 12 shall be administered in accordance with Federal Acquisition Regulation 52.245-2 (Jun 2007).

The Contractor shall furnish all personnel, management, supplies and services necessary for the performance of all aspects of the contract. ICE will handle all the Operational Maintenance that they are currently handling throughout the life of the contract. The Contractor is allowed to purchase materials or tools required for the maintenance of the facility. Any tool or part purchased becomes the property of the United States Government.

In order to use the facility, ICE and the BOP must receive prior written approval from the Contracting Officer (CO) ICE and the BOP shall issue the delivery orders against the contract with copies provided to the USMS COR and USMS CO after receiving USMS CO approval. Once the approval is received the Contractor shall provide housing space for ICE and BOP's Prisoners. 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 Prisoners to other facilities.

It is the policy of the United States Marshal Service (USMS) to ensure the secure custody, care, and safekeeping of USMS Prisoners. Accordingly, all housing or work assignments, and recreation or other activities for USMS Prisoners are permitted only within secure areas of the building or within the secure external recreation/exercise areas.

The facility's Prisoner 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 services (medical, fire protection, law enforcement, etc.).

The Contractor shall ensure the facility operates in a manner consistent with the mission of the USMS. The USMS mission includes securing and transporting federal Prisoners from arrest to incarceration the protection of society through capture and arrest of violent offenders, and by confining offenders in the controlled environments of jails and detention facilities which provide conditions of pre-trial confinement which are safe, secure, humane, and don’t violate pre-trail Prisoners Constitutional Rights.

Contract Performance shall begin when the Contracting Officer (CO) issues the Notice to Proceed. Within 90 days of contract award. Upon receipt of the NTP, the Contractor shall immediately begin accepting Prisoners. 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).

This may occur earlier at the request of the Contractor, but only if the USMS determines the Contractor is fully capable. Prior to issuance of the NTP, the USMS will perform numerous assessments to ensure the Contractor is prepared to accept responsibility for performing all requirements of the contract.

The Contractor shall notify the Contracting Officer (CO) in writing when it is ready to assume full responsibility for the operation, and security of the institution no later than 30 days prior to the Contractor’s expected NTP date.

The initial acceptance of Prisoners into the facility shall be in accordance with an agreed upon plan to incrementally phase-in the Prisoner population. Approval for each initial increment of Prisoners 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 concurrence has been granted, these plans, policies and procedures shall not be modified without the prior written acknowledgment of the CO.

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.

C.3 General

All services and programs shall comply with the PWS and all applicable federal, state and local laws and regulations; applicable Presidential Executive Orders (E.0.), 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 standard is more stringent, the CO shall determine the appropriate standard.

Should the Government invoke such changes, the Contractor retains rights and remedies (i.e., equitable adjustment) under the terms and conditions of the contract.

The Contractor shall comply with such changes within but not later than 30 days of receiving written notification unless otherwise noted.

The USMS reserves the right to have various staff on site to monitor contract performance. The Government reserves its right to conduct announced and unannounced inspections of any part of the institution 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 CACA), Performance-Based Detention Standards for Adult Local Detention Facilities CALDF), and Standards Supplement, National Commission 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.

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

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. Records 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; 0MB Circular A-130; and DOJ Order 2710.8A, Removal and Maintenance of Documents. Criminal penalties for unlawfully destroying, damaging or removing federal records are addressed in 18 USC 2071, 793, 794 and 7989.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the Contractor 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 alleged 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.

Policies 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 Prisoner, shall be made part of the Prisoner'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 public 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 designee. Any inquiries regarding any inmate or other matter related to the contract shall immediately be referred to the COR. The Contractor shall immediately notify the COR of any incident where they believe information was released by their employee, agent, or Subcontractor related to a USMS matter.

The Contractor shall protect, defend, indemnify, save and hold harmless the Government, USMS and its employees or agents from and against any and all claims, demands, expenses, causes of action, judgments and liabilities arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, Subcontractors, 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 attorney fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses and attorney fees incurred by the Government, USMS 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 Contractor 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 alleged acts or omissions.

The CO/COR 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. Policies and procedures shall be developed to 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 all judicial inquiries and program recommendations are responded to in a timely and accurate manner.

All judicial inquiries and Contractor responses specifically related to a Prisoner shall be made a part of the Prisoner’s central file. The Contractor shall notify the COR immediately when a request is made by a member of the United States Congress, local government, the press or other federal entities to obtain information or to visit the institution.

All request for information and or visits shall be cleared, in advance, by the COR. The COR shall be notified when a request is made for Prisoner or employee interviews or visits to the institution by any representative of the media.

All press statements and releases shall be cleared, in advance, with the CO prior to the NTP and the COR after the NTP.

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 performance 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 contract. The Contractor shall provide a Quality Control Plan (QCP) as part of their proposal. The Contractor's QCP instrument shall correspond with the FPBDS and consist of an ongoing/perpetual QCP performed by facility staff and a comprehensive annual QCP review 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.

The CO will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor must make appropriate modifications and obtain acceptance of the plan by the CO before the contract start date. The NTP will be contingent upon government approval of the QCP.

The Contractor is required to perform in accordance with the most current edition of the ACA and FPBD Standards and shall maintain continual compliance with all ACA and FPBD Standards during the performance of the contract.

Accomplishment of some ACA Standards is augmented by USMS policy and/or procedure. In these instances, the PWS identifies and provides direction for the enhanced requirements.

The Contractor is responsible for the development and administration of a comprehensive Quality Control Program QCP) which ensures all requirements of this contract are achieved. The specific requirements for the QCP are detailed in Section C.5.

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

C.5 Government Quality Surveillance Plan

The Government quality surveillance plan is comprised of the various functions, including inspection performed by the Government to determine whether a Contractor has fulfilled its contract obligations pertaining to quality. The Government's Quality Surveillance Plan is not a substitute for quality control by the Contractor.

Each phase of the services rendered under this contract is subject to Government inspection both during the Contractor's operations and after completion of the tasks.

When the Contractor is advised of any unsatisfactory condition(s), the Contractor shall submit a written report to the COR addressing corrective/preventive actions taken. The COR must check the Contractor's performance and document any noncompliance, but only the CO may take formal action against the Contractor for unsatisfactory performance. The COR will be designated subsequent to contract award and a delegation of COR duties and authority will be furnished to the Contractor. The Government may reduce the Contractor's invoice or otherwise withhold payment for any individual item of nonconforming service observed as specified in Section E-3 "Contractor's Failure to Performance Required Services." The Government may apply various inspection and extrapolation techniques to determine the quality of service and the total payment due.

The government anticipates a nominal number of staff will be on-site to monitor contract performance and manage other government interests associated with operation of the facility. The Contractor shall provide an on-site enclosed office space for USMS' staff.

All office and multiple use space shall be complete with appropriate electrical, communication, and phone connections.

Government space shall be climate controlled and located consistent with the administrative office space for the Contractor's staff. Government-occupied space shall be separate from, but accessible to, Prisoner housing units and the centralized visiting area. ICE shall be responsible for all maintenance, security and costs associated with space designated for Government staff.

The Contractor shall provide no less than five (5) parking spaces for DOJ staff use.

C.6 Inspection by Regulatory and Other Federal Agencies

Work described in the contract is subject to inspection by other Government agencies.

The Service Provider shall participate in responding to all requests for information and inspection or review findings by regulatory agencies. The CO and COR will receive notification of these inspections within 30-days of issuance, and receive a copy of any response submitted by the Contractor.

C.7 Performance Evaluation Meetings

The Contractor's Representatives shall meet with the COR on a basis determined necessary by the Government.

C.8 Administration and Management

C.8.A Administration and Management

C.8.A.1 Policies and Procedures

The Contractor shall develop facility policies and procedures in compliance with FPBDS Section A.1 Policies and Procedures.

C.8.A.2 Quality Control

To complement the Contractor's overarching Quality Control Program identified in Section C.4, the Contractor will operate an internal facility perpetual quality control program in compliance with FPBDS Section A.2.

C.8.A.3 Prisoner Record

The Contractor shall develop facility policies and procedures in compliance with FPBDS Section A.3. Upon release all records pertaining to the Prisoner shall be consolidated and archiving as a single record.

All Prisoner files (e.g., central files, medical files, judgment and commitment (J&C) files, etc.) are to be prepared, maintained and disposed of in accordance with USMS format and procedures.

Policy and procedures shall be developed to ensure the confidentiality and security of all Prisoner files.

The Contractor shall interact with other agencies to satisfy outstanding Prisoner obligations, including, but not limited to:

Processing of federal and state writs;

Administration of the Interstate Agreement on Detainers (IAD);

Detainer inquiries;

Lodging and removal of detainers;

Notification requests from other agencies; and Coordination of transfer/Prisoner movement in and out of the facility.

The Contractor shall have video conferencing capabilities, which can be utilized for inmate legal hearings as required by the Government, conferences, etc.

If the contactor has a separate system of electronic records, database, files, video, etc., that contains Prisoner information, the Contractor shall provide unrestricted viewing access for USMS staff in the office space designated for USMS oversight staff.

C.8.A.4 Facility Admission and Orientation Program

The Contractor shall develop facility policies and procedures in compliance with FPBDS Section A.4 Facility Admission and Orientation Program.

C.8.A.5 Admission and Release Procedures

The search of Prisoners admitted to the facility or released to any authority shall include a strip search performed by Contractor staff.

The search shall be conducted by persons of the same gender always.

Prisoners shall be fingerprinted using fingerprint cards or electronic fingerprinting (Livescans).

The intake process shall include, at a minimum, medical, social and psychological screening within 72 hours of Prisoner arrival for those Prisoners who self-admit social/psychological concerns during intake. The evaluation should occur prior to the Prisoner release to the general population. For all newly committed Prisoners, a psychological assessment shall be completed within 14 days of arrival at the facility.

C.8.A.6 Classification

Prisoners shall be housed in a unit where the Contractor shall ensure appropriate supervision, informal interaction and early problem identification and resolution are provided.

Unit team members shall be accessible from the housing unit and available to the population during day and evening hours.

Individual and group counseling shall be available. Programming shall be reviewed with individual Prisoners on a regular basis.

The Contractor shall conduct Initial Classification and Housing assignments in accordance with FPBDS. Prisoners will not be placed in Restrictive Housing per the direction of the Assistant United States Attorney or the United States Marshal Service.

With the exception of a Judicial Court Order, Prisoners may not be placed in Administrative Restrictive Housing upon intake more than 72 hours for preventative reasons.

C.8.A.7 Prisoner Property

The Contractor shall control Prisoner property in compliance with FPBDS Section A.5, and USMS Policy Directive 9.20, Cellblock Operations which identifies allowable Prisoner property: Prisoners in USMS custody may retain the following types of personal property while detained in a contract detention facility:

Government issued identification documents: State or nationally issued IDs such as passports, drivers licenses, Mexican National Voter Cards; consular ID cards, birth certificates, school certificates;

Legal papers or materials: These materials should be relevant to the current/draft court proceedings to include documents associated with Immigration and Customs Enforcement removal proceedings;

A document listing the Prisoner's family and social contact information;

Religious medals: One medal may be retained only if it is of a size and weight which poses no threat as a potential weapon or escape device;

Eye glasses or contact lenses, with case;

Prescribed medicine, health devices, and medical documents in the Prisoner's possession at the time of booking;

Wedding band: Rings with stones are not authorized. No rings other than a plain wedding band are permitted.

Procedures shall be established for transferring Prisoner funds and property upon release from the facility or transfer to another facility, or when a Prisoner requests a funds transfer to an outside source. The Contractor shall ensure that all funds of Prisoners, who are scheduled for removal to a BOP facility, are transferred in accordance with BOP Program Statement 4500.11 Trust Fund/Deposit Fund Manual located at https://www.bop.gov/policy/progstat/4500_O11_CN-I.pdf

C.8.A.8 Prisoner Welfare Fund

Any revenues earned in excess of those needed for commissary operations shall be used to provide benefit to all Prisoners via a Prisoner welfare fund.

The Contractor may use PS 4500.11, Chapter 2, as a guide for appropriate expenditures from this fund. However, prohibited items, as defined by the BOP, shall not be purchased with commissary revenues.

Individual expenditures from the Prisoner welfare fund that exceed $1,000 shall be approved by the COR. Records of Prisoner welfare fund expenditures shall be maintained on site at the contract facility and available for review by the USMS.

At the conclusion of the contract, the Prisoner welfare fund shall revert back to the Government. Any interest earned on the Prisoner welfare fund shall be credited to the Prisoner welfare fund.

C.8.A.9 Prisoner Funds

If Prisoner funds are placed in an interest bearing account, the interest earned must be credited to the Prisoner.

Transfer of Prisoner funds shall occur within seven (7) working days upon transfer to another facility or when a Prisoner or Prisoner requests funds transfer to an outside source. If a Prisoner is to be released from USMS' custody, the Contractor shall release all Prisoner funds prior to Prisoner's release from the facility.

Procedures shall be established for transferring Prisoner personal funds upon release from the facility, transfer to another institution or when a Prisoner requests a funds transfer to an outside source.

The Contractor shall ensure all Prisoners who are scheduled for removal to foreign destinations are given all funds immediately prior to release from the facility. Transfer of Prisoner funds shall occur within five working days upon release from the facility, transfer to another institution or when a Prisoner requests a funds transfer to an outside source.

Prisoners who transfer to a BOP institution shall have their Funds sent to the BOP National Lockbox address below in Accordance with the procedures defined in PS 4500.11, Chapter 9.5:

Federal Bureau of Prisons Insert Prisoners Register Number Insert Prisoner’s Committed Name PO Box 474701 Des Moines, IA 50947-0001

C.8.A.10 Unclaimed Prisoner Funds

The Contractor shall exhaust all avenues to locate Prisoners and forward their Prisoner account balances.

If after three months the Prisoner cannot be located, the Contractor shall convert the unclaimed balance to the balance of the Prisoner welfare fund.

The Contractor must receive approval from the COR before conversion of unclaimed Prisoner funds into the general Prisoner welfare fund.

A record of the unclaimed converted balance must be maintained and a copy of the conversion transaction provided to the COR.

C.8.A.11 Prisoner Transfers and Releases

The Contractor shall…