22-096-27_Solicitation_RFP.pdf

Request for Proposal

Solicitation No. BPM004230

400 Minimum Custody Contract Beds

State of Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

1645 W Jefferson Street Phoenix, AZ 85007

Table of Contents Page 2 of 163

ADCRR Tracking No. 22-096-27

Table of Contents

SCOPE OF WORK

1 INTRODUCTION

2 DEFINITION OF TERMS

3 LICENSING AND ADDITIONAL REQUIREMENTS

4 INVESTIGATIONS

5 CONTRACT MONITORING ACTIVITES

6 PERFORMANCE AND MONETARY OFFSETS

7 CONTRACTOR’S/SUBCONTRACTOR’S QUALIFICATIONS

8 FACILITY MANAGEMENT

9 FINANCIAL

10 STAFFING

11 CORRECTIONAL SERVICES

12 HEALTH SERVICES

13 PHYSICAL PLANT MAINTENANCE COMPLIANCE

14 INVOICING/PAYMENTS

15 REPORTS

SPECIAL INSTRUCTIONS TO OFFERORS

SPECIAL TERMS AND CONDITIONS

Attachment 1 - Offer and Acceptance (TAB 1) Attachment 2 – Deviations and Exceptions Form (TAB 3) Attachment 3 - Designation of Confidential, Trade Secret & Proprietary Information (TAB 4) Attachment 4 - Additional Materials Form (TAB 9) Attachment 5 - Administrative Information (TAB 13) Attachment 6 - Identification of Subcontractors (TAB 7) Attachment 7 - References (TAB 8) Attachment 8 - Occurrence and Vacancy Sample/Template (TAB 10) Attachment 9 - Fee Schedule (TAB 5) Attachment 10 - Budget Narrative (TAB 6) Attachment 11- General Staffing Pattern (TAB 11) Attachment 12 - Position Description (TAB 12) Attachment 13 Participation in Boycott of Israel (TAB 13) Exhibit 1 - Sample Certificate of Insurance Exhibit 2 - Types of Department Written Instructions Exhibit 3 - Department’s Technical Services Training Requirements Exhibit 4 - Per Diem Invoice Exhibit 5 - Supporting Detail for Per Diem Invoice Exhibit 6 - Corrections to Previous Monthly Invoice(s) Exhibit 7 - NOT USED for this Solicitation

Exhibit 8 - Inmate Time Sheet for Work Activities Exhibit 9 - NOT USED for this Solicitation

Exhibit 10 - Required Reporting Exhibit 11 - Health Services Licenses/Certificates: Issuing Entity Information Exhibit 12 - Consent to Search Exhibit 13 - Confidentiality Agreement Uniform Instructions to Offerors Uniform Terms and Conditions

400 Minimum Custody Contract Beds

State of Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

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SCOPE OF WORK

1 INTRODUCTION

1.1 The Arizona Department of Corrections, Rehabilitation and Reentry is seeking proposals for the management and operation of an existing minimum security prison for four hundred

(400) male inmates at the following location.

Phoenix West Correctional Facility

3402 West Cocopah Street

Phoenix, Arizona 85009

1.2 The submission requirements and format for the Offeror’s response are addressed in Special

Instructions to Offerors, Section 3.

1.3 The State of Arizona is seeking qualified Offerors who shall:

1.3.1 Maintain effective custody and control over inmates in an environment that is safe, secure and humane. This includes safeguarding the public, facility/physical plant maintenance, staff and inmates through the efficient, safe and secure operation of the prison facility, ensuring that all security and operational requirements are fulfilled and eliminating unfavorable occurrences. Offerors must comply with the requirements in accordance with A.R.S. §§ 41-1609, 41-1609.01, 41-1609.02, 41-1609.03, and 41-1609.04 and where specifically not stated within this document all requirements of these Statute apply.

1.3.2 Present a systematic correctional approach to advance Arizona’s growing continuum of evidence-based security practices and inmate focused program services. This should be accomplished through and in alignment with sound correctional practice. Proposed security and program systems shall reinforce inmate’s responsibility, motivation and ability to practice, everyday on the inside, pro-social thinking, civil behavior and positive decision making. The goal is to support the evidence-based outcomes of literacy, sobriety, employability and successful re-entry into society to reduce, relapse, revocation and recidivism. The

Department recognizes that the method to reach these intended goals is to ensure each inmate has an individual corrections plan to begin the first day of incarceration through the end of community supervision. Each bidder will demonstrate how to affect a corrections plan for each inmate in their custody.

2 DEFINITION OF TERMS

2.1 For the purposes of this Solicitation, the following definitions, as well as those definitions provided in Special Terms and Conditions and Uniform Terms and Conditions that do not conflict shall apply. In the event of conflict, the definition as stated in Special Terms and

Conditions and Uniform Terms and Conditions shall apply.

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2.1.1 Activation Date. The activation date is the date when the first inmate is received by Contractor at the contracted bed facility. The activation date also means load date. The five (5) year contract term shall begin on this date.

2.1.2 Arizona Correctional Information System (ACIS). The computerized portion of the Master Record File maintained for each inmate committed to the Department.

This system is usually identified by its acronym “ACIS”.

2.1.3 Arizona Correctional Industries (ACI). ACI is a key component within the

Department. ACI makes available within the State correctional institutions opportunities for employment of inmates in jobs which combat idleness and develop good working habits. ACI provides training and work experience that will assist inmates in eventually securing and holding gainful employment outside the correctional institution.

2.1.4 Arizona Health Care Cost Containment System (AHCCCS). A State agency that offers health care programs to Medicaid-eligible clients.

2.1.5 Assault. Intentionally, knowingly, or recklessly causing physical injury to a person; intentionally placing a person in reasonable apprehension of imminent physical danger; or knowingly touching another person with the intent to injure, insult, or provoke such person.

2.1.6 Capital Equipment. Item(s) acquired by the Offeror with monies from all funds including the Welfare and Benefits Fund (W&B) with a unit cost of $5,000 or more and a useful life of at least one (1) year. Unit cost includes applicable sales tax, freight and other ancillary costs to place the asset in its intended location.

2.1.7 Career and Technical Education (CTE). Career and Technical Education (CTE) is provided to inmates who have completed mandatory literacy. Preferred placement is given to those inmates who have obtained a high school diploma or have earned a General Educational Development (GED) certificate. CTE consists of classroom instruction and hands-on application in real world employment settings providing practical training and skills development in disciplines hiring ex-offenders throughout Arizona and offering sustainable wages. It employs all of the active ingredients for success in the workplace notably, skill building, classroom instruction, customer contact, quality control, production time-lines, material and raw product costs and teamwork. CTE strives to create a realistic work and learning environment.

2.1.8 Cognitive Restructuring. A systematic approach to the identification analysis and communication of ideas and issue. Cognitive restructuring is evidence-based methodology which inmates are taught how to identify and solve problems and communicate effectively. The Department utilizes cognitive restructuring as the method by which it provides cultural diversity and conflict resolution (including domestic violence prevention) classes.

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2.1.9 Contract Facility Operator. Means the same as “Contractor”, the person or entity that is the legal Contract holder and is legally responsible for the management and operation of the Contract Facility.

2.1.10 Contract Facility Warden. Title of the Offeror’s employee charged with leading and managing the daily operations of the Contract Facility.

2.1.11 Contractor. Any person who has a Contract with the State. For the purposes of this solicitation, Contractor means the same thing as Contract Facility Operator.

2.1.12 Corrections Plan. The Department has an automated summary document to systematically capture each incoming inmate’s needs and risks during the intake and assessment process. The needs refer to specific areas that drive or contribute to an individual inmate’s criminality. Inmates identified needs will be prioritized for intervention and then incorporated accordingly into the inmate’s Correction

Plan. Inmates are expected to address identified needs and risks throughout their incarceration and on parole per their individualized Corrections Plan. The Plan is evaluated and may be updated annually to reflect the results of the reclassification process.

2.1.13 Corrections Plan Management. Utilizing the inmate’s individual Corrections Plan, the Plan Manager (equivalent of Department CO III) works with each inmate assigned to their caseload to successfully complete the Corrections Plan objective.

The Plan Manager meets formally with each inmate at least annually, at which time the Plan is updated and revised as needed. The Plan Manager may meet informally with the inmate as often as necessary to facilitate the positive progress.

2.1.14 Court Orders and Case Law. Any case law, court orders or judgments issued by a court of competent jurisdiction and any stipulations, agreements or plans entered into in connection with litigation that are applicable to the operation, management or maintenance of the Department or contract facilities and to the treatment or custodial care of inmates. Court Orders shall include court orders currently in effect at the time of the Contract award, and any that may come into effect throughout the term of the Contract.

2.1.15 Department. Department means the Arizona Department of Corrections, Rehabilitation and Reentry.

2.1.16 Department Contract Beds Bureau. The Bureau within the Department’s Offender

Operations established to closely monitor, evaluate and support private prisons under contract with the Department. All contract facilities are closely monitored to ensure that they are managed in accordance with applicable Arizona Revised

Statutes, Department policies and procedures, the Department Strategic Plan, and that the contractor is in compliance with the provisions of the contract.

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2.1.17 Department Contract Beds Operations Director (“CBOD”). The Department employee charged with managing Contract Facility operations to ensure every

Contract Facility Operator is in compliance with Department’s Written

Instructions and the terms and conditions of this Contract.

2.1.18 Department Contract Monitor. A Department employee who ensures that the objectives of a contract are accomplished and contractors meet their responsibilities.

2.1.19 Department Written Instructions. Regulations and management directives issued by executive staff of the Department. These regulations and directives govern the administration and operation of the Department as a whole and the individual institutions consistent with statutes, rules and sound correctional practices. Unless otherwise specified, Department Orders, Director’s Instructions, or Manuals when used herein shall mean all form of written instructions.

2.1.20 Director. The Director of the Department, or their designee.

2.1.21 Emergency Health Care. Care that is necessary to immediately treat the sudden and unexpected onset of a life or limb threatening condition, i.e., heart attack, stroke, etc.

2.1.22 Evidence-Based Programs. Supported by sound social science research;

demonstrate reliability and validity over time and in different settings if implemented with integrity. This concept does not preclude innovation.

2.1.23 Health Care Plan. An operational overview of the approach the contract health care provider shall undertake in the delivery of health care to the inmate population. A plan which outlines their expectation, approach, and methodology in the field of prison health care. One which addresses their working relationship with security factions within the prison, and how as a team, routine and emergency health care is accomplished. The plan shall cover Health Services

Staff deployment and acceptable inmate waiting time for all levels of health care.

2.1.24 Inmate Wages. Compensation that can be earned by inmates in accordance with

A.R.S. §31-254 and the Department Work Incentive Pay Program (WIPP).

2.1.25 In-Service Training. Annual training the Department requires the Offeror to provide to its employees to meet the training needs of staff.

2.1.26 Institutional Orders. Those procedures prepared by the Contractor and approved by the CBOD that are based on Department Written Instructions. The procedures provide broad direction to the Contractor’s staff in the operation, management and maintenance of the Contract Facility.

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2.1.27 Inventorial Equipment. Any item acquired by the Offeror with monies from any funds derived from the contract including the Welfare and Benefits Fund with a unit cost of $5,000 and a useful life of at least one year.

2.1.28 Master Record File. The Master Record File consists of information in ACIS and the hard copy inmate record file. The Department maintains a master record file for each inmate committed to the jurisdiction of the Department. Master Record

Files are maintained at the Offender Services Bureau’s, Offender Information

Unit, in accordance with A.R.S. §31-221. Any other record or file is a Special

Purpose File.

2.1.29 Minimum Custody. Inmates who represent a low risk to the public and staff.

These inmates may work outside the secure perimeter of an institution, to include community work crews, and do not require controlled movement within the institution. Definition from Department Order 801, Inmate Classification and

Classification Technical Manual.

2.1.30 Minimum Security General Facility Requirements. A minimum facility is to house inmates whose public risk is minimum. These inmates present a minimum risk to the public community should escape occur from custody. The facility should be capable of restricting inmate movement within the facility. A minimum custody facility could be a part of a larger complex of prison units and as such will be referred to as a minimum custody unit. The maximum inmate population of a Minimum unit is 1,000 beds. Physical separation of inmate populations within a unit may be required depending on such circumstances as facility design, staffing patterns, and operational plan. Minimum custody inmates shall be housed in dormitory style buildings.

2.1.31 Monthly Statistical Report (MSR). An electronically submitted report which compiles operational data of the facility.

2.1.32 National Commission of Correctional Health Care (NCCHC). A subsidiary of the

American Medical Association (AMA), the NCCHC promulgates standards for the elective certification of health care delivery systems in individual adult jails and, prisons and juvenile detention and confinement facilities.

2.1.33 Non-Inventory Equipment. Items that are individually under $1,000, but collectively over $1,000, as examples, dishes, tables, chairs, trays, office supplies, etc.

2.1.34 Offeror. A person who submits a proposal in response to this solicitation; upon

ADCRR’s acceptance of an Offer, “Offeror” shall have the same meaning as

“Contractor” in order to give proper meaning to the Contract.

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2.1.35 Position. Employment consisting of employees appearing on the staffing pattern regardless if full-time or part-time. One full time position is filled with one employee; exceptions require pre-approval.

2.1.36 Post. The location(s) where an employee is assigned to perform his/her duties.

2.1.37 Post Orders. Written orders related to the Offeror’s procedures that have been prepared by the Offeror and approved by the Department of Corrections Contract

Beds Operations Director. Post Orders provide direction to Offeror’s staff regarding responsibilities assigned to specific posts in the Contract Facility. The

Department utilizes Standardized Post Orders which cannot be modified, but may add limited Unit specific requirements with the same approval requirements described.

2.1.38 Pre-Service Non-Security Training. Training equivalent to the Department curricula that the Offeror is required to provide to all non-security staff, including volunteers, subcontractors, independent contractors, as well as the employees, agents or representatives of subcontractors or independent contractors, who will work for or provide services to the Offeror at the facility.

2.1.39 Pre-Service Security Training. Training equivalent to the Department curricula that the Offeror is required to provide to all staff designated as Security Officers.

2.1.40 Reentry. Preparation for release begins during Intake and continues throughout inmates’ incarceration and community supervision. Reentry encompasses the work day and recreation time in prison, maximizing every inmate’s opportunity to acquire and apply pro-social skills.

2.1.41 Security Agency. An agency that has qualified to receive a license from

Department of Public Safety (DPS) in accordance with A.R.S. Title 32, Chapter

26, Article 2, if applicable.

2.1.42 Security Officer. An employee of the Offeror to whom a "registration certificate" has been issued by DPS in accordance with A.R.S. Title 32, Chapter 26, Article 3, if applicable. Security Officer’s include Major, Captain, Lieutenant, Sergeant, and all Correctional Officers, including CO IIIs and CO IVs.

2.1.43 Service Specifications. Those Service Specifications that set forth the minimum requirements of the Department for delivery of services relative to the operation of the facility.

2.1.44 Special Purpose Files. Department records that are transferred through the correctional system with the inmate and provided to the Offeror for those inmates assigned to the facility. Special Purpose Records include, at least, the field file as well as property, medical and visitation records.

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2.1.45 Subcontractor. Pre-approved entity with which the Contract Facility Operator initiates contractual agreement for the purpose of providing services to the inmates as defined within the prime Contract, e.g., food services, medical treatment, etc. Subcontractors do not include those contractual agreements which concern the maintenance of the facility, e.g., trash collection, insect exterminator, office equipment, maintenance agreements, etc.

2.1.46 Transition-specific Planning. Six to twelve months prior to release, all inmates shall participate in transition-specific planning provided by CO III (caseworker) and parole staff. Transition-specific planning includes, but is not limited to:

identification of viable release placement, State ID, community notifications, SVP registration, 30-day medication pre-dispensed, AHCCCS, Social Security and

Veterans services eligibility, victim notification, restitution and probation and parole terms and conditions.

2.1.47 Welfare and Benefit Fund (W&B Fund). Fund established and managed by the

Offeror which shall be used for the benefit of state inmates. Funds may be used to pay for equipment or services in a manner approved by the Department and complying with Department Written Instructions regarding Special Services Fund

(Inmate Activities and Recreation Fund [A&R Fund]). Monies for the W&B Fund shall be generated from profits made on the sale of commissary items and revenue received for the inmate telephone system, if and when approved by ADOC. W &

B financial reports shall be submitted monthly to the Department Fiscal Services

Unit, in the format specified by the Department.

2.1.48 Work. Inmates who are physically and mentally capable are given the opportunity, when possible, to participate in productive work programs that are beneficial to the community, to themselves, and to the Department.

3 LICENSING AND ADDITIONAL REQUIREMENTS

3.1 The Offeror shall be a licensed security agency and shall provide a copy within their proposal response.

3.1.1 Non-compliance with insurance requirements shall be considered an Event of

Default.

3.1.2 The Offeror shall be licensed in accordance with A.R.S. Title 32.

3.1.2.1 The requirements of A.R.S. Title 32, Chapter 26, Article 2, §32-

2613(C) (2) shall not limit in any way insurance requirements stipulated by this Contract. Non-compliance shall be considered an

Event of Default.

3.1.3 The facilities shall be licensed in accordance with Arizona’s Security Agency requirements.

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3.1.3.1 The Offeror shall remain licensed for the term of the Contract and shall provide a copy of the renewal or license that reflects its current status.

3.2 The Contract Facility Operator shall comply with all Department of Corrections Written

Instructions, and applicable State Administrative Rules, State statutes, and Federal laws.

3.3 When new Department of Corrections or State Administrative Rules are issued, or if new

Court Orders/Decrees are entered or case law created by a Court of jurisdiction impacting this Contract, an amendment may be issued identifying the change as determined by the

Procurement Service Unit.

3.3.1 The Contract Facility Operator shall immediately prepare new and or revised written institution orders and post orders for approval the Department of

Corrections Contract Beds Operations Director, or designee, and implement in full the time frame stipulated by the Department.

3.3.2 The Contract Facility Operator is responsible for all costs to implement in full the new or revised Department of Corrections Written Instructions, and applicable

Court Order/Decrees or new case law or statute occurring after execution of this

Contract.

3.4 Offerors shall submit a milestone chart with their proposal that reflects all major milestones from time of proposal submittal to projected date first inmate to include, but need not be limited to, the following:

3.4.1 Development of policies/procedures.

3.4.2 Hiring staff.

3.4.3 Training.

3.4.4 Pre-activation/Transition activities.

3.5 The Department may direct the gathering of information related to the performance of the

Contract Facility Operator in order to conduct a cost comparison of executed privatization contracts.

4 INVESTIGATIONS

4.1 Investigations of all alleged criminal activity involving Department inmates assigned to the facility shall be conducted by representatives of the Department of Corrections Inspector

General Bureau. The Department of Corrections Contract Monitor shall be notified immediately by the Contract Facility Operator of suspected inmate criminal activity. The

Department of Corrections Contract Monitor shall notify appropriate Department authorities regarding the alleged activity.

4.2 The Department shall have the right to conduct any investigation it deems necessary.

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4.2.1 Improper relationships between the Contract Facility Operator staff and

Department inmates.

4.2.2 The introduction of contraband to the facility whether by Department inmates or facility staff.

4.2.3 The Contract Facility Operator staff arrests, to include staff arrests involving criminal activity with Department inmates.

4.2.4 Escapes, disturbances, suicides, fiscal improprieties or any other activity potentially compromising the safety of employees, inmates or the Arizona citizens.

5 CONTRACT MONITORING ACTIVITES

5.1 The Department shall monitor the Offeror’s compliance and performance with all Contract provisions and applicable policies and standards. Monitoring activities shall be conducted by

Department staff in areas that include security operations, health services, mental health, substance abuse, food service, safety, sanitation and finance.

5.2 The Department shall assign staff who shall monitor contract compliance and performance on a daily basis and coordinate all necessary activities relative to the Contract Facility

Operator and the Department. These monitors shall report to the Department of Corrections

Contract Beds Operations Director.

5.3 Department staff authorized by the Department of Corrections Contract Beds Operations

Director shall have access to the facility, the inmates and records at any time, without prior notice to the Contract Facility Operator.

5.4 Contract Facility Operator required internal monitoring during the term of the contract:

5.4.1 The Contract Facility Operator shall, via its assigned Contract Facility Warden, ensure monitoring of all service delivery, to include monitoring of subcontracted services, including but not limited to, security, inmate management and control, inmate programs and services, facility safety and sanitation, administration, food service, personnel practices and training, inmate health services, inmate discipline, and records pertaining to this Contract.

5.4.2 A draft of an internal monitoring program shall be provided to the Department as part of the Offeror’s proposal response and shall be based on their offer(s).The program shall include the appropriate amount of dedicated personnel by the

Contractor to carry out the responsibilities of monitoring to ensure that the facility remains safe and secure and is being managed in accordance with A.R.S. §§ 41-

1609, 41-1609.01, 41-1609.02, 41-1609.03, and 41-1609.04 and the requirements set forth herein. Monitoring activities shall at a minimum include documenting noted deficiencies in writing and require timely corrective action to ensure service requirements specified by this contract are met. Documentation generated as a result of internal monitoring evidencing the completion of monitoring activities and their results will be provided to the Department of Corrections Contract

Monitor in writing monthly. Deficiencies that could constitute an emergency and

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Scope of Work Page 12 of 163 be considered a life or safety issue for the public, staff and/or inmates shall require immediate notification to the Department of Corrections Contract Monitor verbally and in writing and identify the specific immediate cure period for the deficiency.

5.4.3 Failure to comply with internal monitoring requirements shall result in a written deficiency notice and shall require a corrective action plan. Egregious or continual occurrences of failure may result in monetary offsets, suspension, or termination of the Contract.

5.5 Department of Corrections monitoring during the term of the contract:

5.5.1 The Department shall have the right to reasonably prompt access to examine and receive copies of all records of the Contract Facility Operator and/or Owner, the facility’s operation, including financial books and records, maintenance records, and employee and inmate records generated by the Contract Facility Operator and its subcontractors, or independent contractors, in connection with the performance of this Contract. The Department requires written assurance from the Contract

Facility Operator and/or owner, that such access shall be provided.

5.5.2 Monitoring activities shall be conducted on a random and routine basis by

Department monitoring staff. Monitoring shall include, but is not limited to, security, inmate management and control, inmate programs and services, facility safety and sanitation, administration, food service, personnel practices and training, inmate health services, inmate discipline, and records pertaining to this

Contract. Findings of non-compliance shall result in written deficiency notices and shall require corrective action plans. Department monitoring staff shall also ensure that internal monitoring required of the Contract Facility Operator per

Section 1.6 is completed. Findings of non-compliance, including failure to internally monitor, shall result in written deficiency notices and shall require corrective action plans.

5.5.3 Department monitoring staff shall conduct security audits and inspections in accordance with applicable Department Order 703, Security/Facility Inspections, which requires periodic mandatory unit and facility inspections. Security/Facility measures identified in Section 1.7 will be evaluated on a daily/weekly/monthly/ quarterly basis using observation, observed performance of tasks, and review of required documentation. Findings of non-compliance shall result in written deficiency notices and shall require corrective action plans.

5.5.4 The Department of Corrections Inspector General’s staff shall conduct an annual contract compliance review/audit. Evaluation shall be based on observation, observed performance of tasks, and review of required documentation. Findings of non-compliance shall result in written deficiency notices and shall require corrective action plans.

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5.5.5 Department of Corrections Health Services’ Monitoring Bureau staff shall conduct random and routine on-site monitoring and provide reports of these site visits to the Department of Corrections Contract Beds Bureau. Monitoring shall include, but shall not be limited to, policy compliance, access to care, NCCHC compliance, provisions of health care, and Health Services performance measures identified in Section 1.7. Findings of non-compliance shall result in written deficiency notices and shall require corrective action plans.

5.5.6 The results of all compliance and performance monitoring/inspection activities conducted by the Department shall be provided to the Contract Facility Operator in writing by the Department of Corrections Contract Monitor.

5.5.7 If non-compliance issues are noted during a monitoring/inspection activity, the

Department shall provide a written deficiency notice to the Contract Facility

Operator regarding the details of the non-compliance, the required corrective action and the period of time allowed to bring performance back into compliance with Contract requirements.

5.5.7.1 If, at the end of the specified time period, the Contractor has complied with the corrective action requirements, the Department will take no further action.

5.5.7.2 If, however, the Contractor has not complied with the corrective action requirements, the Department of Corrections Contract Monitor shall notify the Contract Facility Operator in writing that the matter will be referred to the Chief Procurement Officer to take action against the

Contract Facility Operator, including but not limited to monetary offsets, suspension, or termination of the Contract.

5.5.8 If non-compliance issues are identified or discovered during a monitoring/inspection activity whose gravity or severity harms the public and/or cannot be mitigated by a Contractor’s ability to bring its performance back into compliance at a future date through a corrective action plan, the Department of

Corrections Contract Monitor shall also notify the Contract Facility Operator in writing that the matter will be referred to the Chief Procurement Officer to take action against the Contractor, including but not limited to monetary offsets, suspension or termination of the Contract.

5.5.9 The Contract Facility Operator shall have ten days to appeal in writing disputing a finding of non-compliance that results in a deficiency notice/corrective action plan or a decision to refer the matter to the Chief Procurement Officer for action.

5.5.10 The Department of Corrections Contract Monitor shall have ten days to make a final determination regarding the disposition of the deficiency notice/ action plan or the decision to refer the matter to the Chief Procurement Officer for action and to provide written notice to the Contractor of the final determination.

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5.6 General Requirements:

5.6.1 The Contract Facility Operator shall hold daily management team meetings and daily shift briefings. Department monitoring staff shall attend as determined by the Department.

5.6.2 The Department of Corrections Contract Monitor and monitoring staff shall be physically located at the facility.

5.6.3 The Contract Facility Operator shall provide Department monitoring staff exclusive use of office space and equipment, e.g., desks, chairs, file cabinets, multifunction printers with multi-sheet scanning capabilities that can scan to a network shared drive or PC shared drive, office supplies, access to a copier/copy machine, computers (computer equipment, to be updated as necessary to comply with the standards utilized by the Department), etc., for a minimum of four (4)

Department staff.

5.6.3.1 Each Department monitoring staff member shall be provided a minimum of 120 square feet of work space.

5.6.4 The Contract Facility Operator shall provide Department monitoring staff with telephones that have dedicated extension numbers for their exclusive use.

5.6.5 The Contract Facility Operator shall provide a dedicated fax line for the exclusive use of the Department monitoring staff

5.7 The following activities shall be administered by Department and/or monitoring staff only:

5.7.1 The Calculating of inmate release and parole eligibility dates.

5.7.2 Calculating and awarding sentence credits.

5.7.3 Approving inmate escorted leave including, funeral trips and hospital bedside visits and work releases.

5.7.4 Approving the type of work inmates will perform and the wages or sentence credits inmates earn.

5.7.5 Determining the appropriate level of inmate supervision while engaged in any work assignment.

5.7.6 Granting, denying or revoking sentence credits, or placing an inmate in more restrictive custody or approving any disciplinary actions. Only the Department shall authorize the imposition of disciplinary sanctions against an inmate for violation of the inmate Rules of Discipline.

5.7.7 Approve/deny inmate visitor applications and make determination on visitation appeals.

5.7.8 Inmate Classification.

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5.7.9 The Department shall provide training to designated Contract Facility Operator staff in the areas and for the time frames shown by Exhibit #6, Department of

Corrections Technical Services Training Requirements”.

6 PERFORMANCE AND MONETARY OFFSETS

6.1 The Department shall monitor the Contract Facility Operator's performance to ensure compliance with all Contract provisions and applicable Written Instructions, applicable

Statues, and Administrative Rules.

6.2 Performance Measures: As a method to ensure compliance with all Department Policies and

Written Instructions, the Department currently uses the “Green, Amber, Red (GAR)”

Inspections Reporting Protocol.

6.2.1 Please see Department Order 606, Internal Inspections Program and Department

Order 703, Security/Facility Inspections.

6.2.2 Contractor shall ensure that each of the GAR performance measures is met. Any deficiencies shall be addressed by the contract monitor and ensure corrective action is taken.

6.3 Monetary Offsets:

6.3.1 The Department may impose monetary offsets, suspend, or terminate this

Contract as authorized under the terms of this Contract.

6.3.2 The Department may impose monetary offsets for a Contract Facility Operator’s non-compliance with any term or condition in this Contract.

6.3.3 If it is determined that a Contract Facility Operator should be assessed a monetary offset, the Chief Procurement officer shall provide written notice to the Contract

Facility Operator specifying the amount of the monetary offset, the grounds for the monetary offset, and the time frame for the monetary offset.

6.3.4 At its discretion, the Department shall offset against any payments due a Contract

Facility Operator until the full amount is satisfied.

6.3.5 Automatic Monetary Offsets: The Department shall assess the monetary offsets listed in Exhibit 10, Required Reporting on deliverables as follows:

6.3.5.1 Report not received by 5:00 PM on the due date indicated. If the due date falls on a weekend or a State Holiday, offsets shall be assessed on deliverables not received by 5:00 PM on the next business day.

6.3.5.2 Report received by 5:00 PM on the due date indicated or if the due date falls on a weekend or a State Holiday, received by 5:00 PM on the next business day, but found to be inaccurate because it is not prepared in conformity with Department requirements.

6.3.5.3 Report received by 5:00 PM on the due date indicated or if the due date falls on a weekend or a State Holiday, received by 5:00 PM on the

400 Minimum Custody Contract Beds

State of Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

Scope of Work Page 16 of 163 next business day, but found to be incomplete because all required information is not fully disclosed in a manner that is both responsive and pertinent to report intent or because of material omissions.

6.3.6 Corrective Action Plan Monetary Offsets: If a Contract Facility Operator has been issued a written deficiency notice but has not complied with the corrective action plan requirements and the Department has determined that the non-compliance does not warrant suspension or termination of the Contract, the Department shall assess the following monetary offset against the Contract Facility Operator until the Contract Facility Operator has complied with the corrective action plan requirements.

6.3.6.1 A monetary offset shall be assessed for each day the Contract Facility

Operator has not complied with the corrective action plan requirements.

6.3.6.2 The monetary offset shall be determined as follows: Total inmate population of the prison facility on the due date x per diem rate x 5.0

% = Monetary Offset.

6.3.6.3 Staffing Monetary Offsets: Refer to Section 1.8.11 for requirements governing security position monetary offsets.

6.3.6.4 Immediate Monetary Offsets: The Department may assess immediate monetary offsets for non-compliance, even if a corrective action plan is in effect, if:

6.3.6.5 A Contractor Facilities Operator’s ability to bring its performance back into compliance at a future date does not mitigate the gravity or severity of the non-compliance.

6.3.6.6 The act of non-compliance represents a real or potential risk to the public or a threat to public safety.

6.3.6.7 The act or omission represents a blatant disregard for the requirements and responsibilities set forth in the Contract or represents a pattern of non-compliance.

6.3.6.8 Except as otherwise noted in the RFP, the monetary offset shall be

$1,000 per occurrence, not to exceed $25,000 per finding of non-compliance.

6.3.6.9 Immediate monetary offsets shall be imposed as follows for the following:

6.3.6.9.1 An act of incompetence or neglect that presents a known and excessive risk to public safety. Monetary offset shall be

$25,000 per occurrence, per finding of non-compliance.

6.3.6.9.2 An act of deliberate indifference that disregards a known and excessive risk to an inmate’s health or safety or

400 Minimum Custody Contract Beds

State of Arizona Department of Corrections, Rehabilitation & Reentry Procurement Services

Scope of Work Page 17 of 163 violates an inmate’s civil rights. Monetary offset shall be

$25,000 per occurrence, per finding of non-compliance.

6.3.6.9.3 Failure to provide comprehensive healthcare services coverage twenty four (24) hours a day seven (7) days a week, excluding a declared state of emergency recognized by the Department. Monetary offset shall be $10,000 per occurrence, per finding of non-compliance.

6.3.6.9.4 A court finding of an act of deliberate indifference against a

Department inmate. Monetary offset shall be the amount of the judgment levied against the State of Arizona.

6.3.6.9.5 Misrepresentation or falsification of information furnished to the Department. Monetary offset shall be $10,000 per occurrence, per finding of non-compliance.

6.4 Intermediate Sanctions For Exigent Circumstances:

6.4.1 In the case of an act of non-compliance, the gravity or severity of which harms the public, demands unusual or immediate action, and/or cannot be mitigated by a

Contract Facility Operator’s ability to bring its performance back into compliance at a future date, the Department, in addition to imposing monetary offsets, shall retain the right to modify or renegotiate the terms of the contract, such as custody levels, population thresholds, education and treatment obligations, or other

Contract requirements. Other Contract requirements may include removal of inmates due to the exigent circumstances. If inmates are removed from the facility and as a result it affects the occupancy guarantee within the contract, the guarantee will be suspended and payment will only be made on actual inmate count until such time as the Contractor brings its performance back into compliance.

6.4.1.1 The Department shall exercise this right, at its sole discretion, as an intermediate action short of Contract termination.

7 CONTRACTOR’S/SUBCONTRACTOR’S QUALIFICATIONS

7.1 Offerors shall demonstrate in their proposals that they are qualified to operate secure prisons and/or correctional facilities and shall have a minimum of five (5) years of experience within the last ten (10) years managing inmates in a secure prison and/or correctional facility in the

United States.

7.2 Provide at least five (5) references from entities that you have provided or are providing services for to which are of equal size to ADCRR. See Attachment 7 for reference sheet that shall be completed and submitted with your proposal response in addition to satisfying the requirements of the RFP as indicated in this proposal.

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7.3 In accordance with A.R.S. § 41-1609.01, Offerors shall demonstrate in their proposals a history of safe operation and management of secure correctional facility(ies) consistent with requirements of this RFP.

7.4 Offeror’s experience as a prison and/or correctional facility(ies) operator: Experience as a

Contract correctional facility(ies) operator since the Offeror began operation, including operation under prior ownership or management:

7.4.1 For each correctional facility(ies) currently or previously operated in the United

States identify the following:

7.4.1.1 Full organization name, including corporate names DBAs, as applicable;

7.4.1.2 Location (full address);

7.4.1.3 Dates of operation, including the month and year operation started and the month and year operation ended, as applicable;

7.4.1.4 Current custody levels managed;

7.4.1.5 Current number of inmates per custody level;

7.4.1.6 For each custody level managed since the operation started: Custody level and dates of operation, including the month and year supervision of custody level started and the month and year supervision of custody level ended, as applicable;

7.4.1.7 For each custody level managed since the operation started: The fewest number of inmates ever managed at one time and the largest number of inmates ever managed at one time.

7.4.2 Preference shall be given to those Offerors:

7.4.2.1 With at least five (5) years of experience within the last ten (10) years managing more than 1,000 minimum custody correctional inmates in the United States.

7.4.2.2 If there is information provided by the Offeror or obtained by the

Department, per this RFP, reveal that the Offeror ceased operation of a prison/facility based upon negligent or wrongful acts committed by the

Offeror or based upon a contract being ended, not awarded, or not renewed for cause, the preference shall not be awarded.

7.5 Organizational qualifications and experience: Experience relative to the operation and management of secure prisons and/or correctional facilities in the United States, as well as the availability of experienced management staff to carry out the terms of the Contract.

7.5.1 For the corporate management team, who will be responsible for a Contract awarded as a result of this request for proposal, the Offeror shall:

7.5.1.1 Identify each member by name and title.

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7.5.1.2 Provide a resume or equivalent documentation to identify the experience of each member. This documentation shall clearly identify the amount of correctional experience each member has.

7.5.1.3 Identify how long each member has worked for the Offeror and the amount of time the management team has worked together.

7.5.2 The Offeror and/or subcontractor shall also describe the experience and correctional qualifications for the following positions.

7.5.2.1 Food Service Operator: (If subcontractor is used, describe their experience)

7.5.2.2 Health Service Operator: (If subcontractor is used, provide detailed information on their experience in the delivery of medical, dental, pharmacy and mental health services.)

7.5.2.3 Describe how the Offeror’s corporate management team will interact with on-site Contract Facility management, including, but not limited to the Warden, Deputy Warden, Chief of Security, Food Service

Operator and Health Service Operators and how the corporate management team will support local facility operations.

7.5.2.4 Identify how often contact will occur.

7.5.2.5 Describe what interaction will occur,

7.5.2.6 Method of interaction/communication to be used.

7.5.2.7 Identify how many facilities each of corporate management team member is (shall be) supporting.

7.5.2.8 Describe an incrementally phased occupancy of the facility.

7.5.2.9 Provide evidence of compliance with Standard/Licensure requirements as prescribed by Contract Facility Section, Service Specifications, for the following:

7.5.2.10 Security Agency.

7.6 Past and Present Performance: Offerors are required to provide a list of any information pertaining to all customers in the United States since the Offeror began operations, including operations under prior ownership or management, to include all active contracts and all contracts which are no longer active.

7.6.1 Information being provided must include the following:

7.6.1.1 Full contract/customer organization name.

7.6.1.2 Complete contract/customer address, city, state, zip code, telephone number, e-mail address.

7.6.1.3 Full contract/customer organization name.

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7.6.1.4 Contract/customer contact name for verification. Each identified contact person shall have first hand knowledge regarding the specific work of the Offeror.

7.6.1.5 Identification if the Contract is active or inactive.

7.6.1.6 Complete contract dates.

7.6.1.7 Custody levels supervised/managed.

7.6.1.8 If the contract is inactive, full and complete disclosure of the reason the Contract ended, i.e., was cancelled, terminated, not renewed or not awarded during a rebidding process, etc.

7.6.1.9 In the framework of the last ten (10) years, provide the following for the most recent five (5) years of each active Contract and the most recent three (3) years of each inactive Contract:

7.6.1.9.1 Detailed identification of and information pertaining to any and all deficiencies, letters/notifications/written communications of concern, corrective action/cure notices, instances of contractual non-compliance, quality of care issues or concerns, and financial or administrative concerns or failures related to the provision of service covered by the

Contract and identified during the term of the Contract, including the resolution or final disposition regarding the deficiency, concern, failure or area of non-compliance.

7.6.1.9.2 Detailed identification of and information pertaining to any and all monetary sanctions or monetary off-sets related to the provision of service covered by the Contract and applied during the term of the Contract, and the resolution or final disposition regarding the monetary sanctions or monetary off-set.

7.6.1.9.3 A list of all closed or pending legal judgments, claims, or lawsuits, including the complaint, the answer, and the final disposition, if closed.

7.6.1.9.4 Identification if any closed or pending legal judgments, claims, or lawsuits.

7.6.1.9.5 Contributed to any contracts ending.

7.6.1.9.6 Contributed to or were related to any deficiencies

identified, concerns identified, failures identified, areas of non-compliance identified, monetary sanctions applied, or monetary off-sets applied during the term of the Contract.

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7.6.2 The Department shall consider an Offeror’s past performance based upon information obtained from the Offeror and from the contract/customer…