22-173-27 Solicitation RFP.pdf

Request for Proposal Solicitation No. BPM004542

750 Minimum and Low Custody Contract Beds

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

1645 W Jefferson Street Phoenix, AZ 85007

Scope of Work Page 2 of 158

ADCRR Tracking No. 22-173-27

TABLE OF CONTENTS

SCOPE OF WORK…………………………………………………………………………………………………….. 3

1 INTRODUCTION…………………………………………………………………………………………………... 3

2 DEFINITION OF TERMS…………………………………………………………………………………………... 3

3 LICENSING AND ADDITIONAL REQUIREMENTS……………………………………………………………. 9

4 INVESTIGATIONS………………………………………………………………………………………………... 10

5 CONTRACT MONITORING ACTIVITES…………………………………………………………………….…. 10

6 PERFORMANCE AND MONETARY OFFSETS………………………………………………………………... 14

7 CONTRACTOR’S/SUBCONTRACTOR’S QUALIFICATIONS………………………………………………... 17

8 FACILITY MANAGEMENT…………………………………………………………………………………..… .24

9 FINANCIAL……………………………………………………………………………………………………….. 34

10 STAFFING………………………………………………………………………………………………………… 38

11 CORRECTIONAL SERVICES…………………………………………………………………………………… 46

12 MEDICAL SERVICES……………………………………………………………………………………………. 60

13 PHYSICAL PLANT MAINTENANCE COMPLIANCE………………………………………………………… 78

14 INVOICING/PAYMENTS………………………………………………………………………………………… 79

15 REPORTS………………………………………………………………………………………………………….. 83

SPECIAL INSTRUCTIONS TO OFFERORS……………………………………………………………………... 86

SPECIAL TERMS AND CONDITIONS…………………………………………………………………………… 92

Attachment 1 - Offer and Acceptance ……………………………………………………………………………….. 106

Attachment 2 – Deviations and Exceptions Form……………………………………………………………………. 107

Attachment 3 - Designation of Confidential, Trade Secret & Proprietary Information……………………………… 108

Attachment 4 - Additional Materials Form…………………………………………………………………………

Attachment 5 - Administrative Information…………………………………………………………………………... 110

Attachment 6 - Identification of Subcontractors……………………………………………………………………… 112

Attachment 7 – References…………………………………………………………………………………………… 115

Attachment 8 - Occurrence and Vacancy Sample/Template…………………………………………………………. 117

Attachment 9 - Fee Schedule…………………………………………………………………………………………. 119

Attachment 10 - Budget Narrative……………………………………………………………………………………. 122

Attachment 11- General Staffing Pattern……………………………………………………………………………... 125

Attachment 12 - Position Description………………………………………………………………………………… 126

Attachment 13 Boycott of Israel Disclosure………………………………………………………………………….. 127

Exhibit 1 - Types of Department Written Instructions………………………………………………………………... 128

Exhibit 2 - Department’s Technical Services Training Requirements……………………………………………

Exhibit 3 - Per Diem Invoice…………………………………………………………………………………………. 130

Exhibit 4 - Supporting Detail for Per Diem Invoice………………………………………………………………….. 131

Exhibit 5 - Corrections to Previous Monthly Invoice(s)……………………………………………………………… 132

Exhibit 6 - Inmate Time Sheet for Work Activities…………………………………………………………………... 133

Exhibit 7 - Required Reporting……………………………………………………………………………………….. 134

Exhibit 8 - Health Services Licenses/Certificates: Issuing Entity Information………………………………………. 139

Exhibit 9 - Consent to Search………………………………………………………………………………………… 140

Exhibit 10 - Confidentiality Agreement……………………………………………………………………………… 141

UNIFORM INSTRUCTIONS TO OFFERORS…………………………………………………………………... 142

UNIFORM TERMS AND CONDITIONS…………………………………………………………………

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 3 of 158

SCOPE OF WORK

1 INTRODUCTION

1.1 The Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) is seeking proposals for the management and operation of an existing minimum security prison for seven hundred and fifty (750) male minimum and low custody inmates at the following location.

Florence West Correctional and Rehabilitation Facility

915 East Diversion Dam Road

Florence, Arizona 85132

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, every day 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 4 of 158

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

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

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 Asset. 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 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. ADCRR utilizes cognitive restructuring as the method by which it provides cultural diversity and conflict resolution (including domestic violence prevention) classes.

2.1.8 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.

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

2.1.10 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 5 of 158

2.1.11 Corrections Plan. ADCRR 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.

2.1.12 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.

2.1.13 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.

2.1.14 Department. Department means the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR).

2.1.15 Department Contract Beds Bureau. The Bureau within ADCRR’s Offender

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

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

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

Contract Facility Operator is in compliance with ADCRR’s Written Instructions and the terms and conditions of this Contract.

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

2.1.18 Department Written Instructions. Regulations and management directives issued by executive staff of the Department. These regulations and directives govern the

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 6 of 158 administration and operation of ADCRR 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.

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

2.1.20 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.

2.1.21 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.

2.1.22 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.

2.1.23 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).

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

2.1.25 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.

2.1.26 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.

2.1.27 Low and 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

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 7 of 158 the institution. Definition from Department Order 801, Inmate Classification and

Classification Technical Manual.

2.1.28 Minimum Security General Facility Requirements. A minimum facility is to house inmates whose public risk is low or 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.

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

2.1.30 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.

2.1.31 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.

2.1.32 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.

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

2.1.34 Post Orders. Written orders related to the Offeror’s procedures that have been prepared by the Offeror and approved by the ADCRR Contract Beds Operations

Director. Post Orders provide direction to Offeror’s staff regarding responsibilities assigned to specific posts in the Contract Facility. ADCRR utilizes Standardized Post Orders which cannot be modified, but may add limited

Unit specific requirements with the same approval requirements described.

2.1.35 Pre-Service Non-Security Training. Training equivalent to ADCRR 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 8 of 158

2.1.36 Pre-Service Security Training. Training equivalent to ADCRR curricula that the

Offeror is required to provide to all staff designated as Security Officers.

2.1.37 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.

2.1.38 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.

2.1.39 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.

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

2.1.41 Special Purpose Files. ADCRR 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.

2.1.42 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.

2.1.43 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.

2.1.44 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 ADCRR and complying with Department Written Instructions regarding Special Services Fund (Inmate

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 9 of 158

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 ADCRR. W

& B financial reports shall be submitted monthly to the ADCRR Fiscal Services

Unit, in the format specified by the Department.

2.1.45 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 ADCRR.

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

3.1.1.1 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.

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

3.1.2.1 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 ADCRR Written Instructions, and applicable State Administrative Rules, State statutes, and Federal laws.

3.3 When new ADCRR 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 Contractor shall immediately prepare new and or revised written institution orders and post orders for approval by the ADCRR Contract Beds Operations

Director, or designee, and implement in full the time frame stipulated by ADCRR.

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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 10 of 158

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 ADCRR 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 ADCRR inmates assigned to the facility shall be conducted by representatives of the Department of Corrections Inspector

General Bureau. The ADCRR Contract Monitor shall be notified immediately by the

Contractor of suspected inmate criminal activity. The ADCRR Contract Monitor shall notify appropriate ADCRR authorities regarding the alleged activity.

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

4.2.1 Improper relationships between the Contract Facility Operator staff and ADCRR inmates.

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

4.2.3 Contractor 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 ADCRR shall monitor the Offeror’s compliance and performance with all Contract provisions and applicable policies and standards. Monitoring activities shall be conducted by

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

5.2 ADCRR shall assign staff who shall monitor contract compliance and performance on a daily basis and coordinate all necessary activities relative to the Contractor and ADCRR. These monitors shall report to the ADCRR Contract Beds Operations Director.

5.3 ADCRR staff authorized by the ADCRR Contract Beds Operations Director shall have access to the facility, the inmates and records at any time, without prior notice to the

Contractor.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 11 of 158

5.4 Contractor required internal monitoring during the term of the contract:

5.4.1 The Contractor 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 ADCRR 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 ADCRR Contract Monitor in writing monthly. Deficiencies that could constitute an emergency and be considered a life or safety issue for the public, staff and/or inmates shall require immediate notification to the ADCRR 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 ADCRR monitoring during the term of the contract:

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

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

ADCRR 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. ADCRR monitoring staff shall also ensure that

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 12 of 158 internal monitoring required of the Contractor 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 ADCRR 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 8 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 ADCRR 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.

5.5.5 ADCRR’s Medical Services’ Monitoring Bureau staff shall conduct random and routine on-site monitoring and provide reports of these site visits to ADCRR’s

Contract Beds Bureau. Monitoring shall include, but shall not be limited to, policy compliance, access to care, NCCHC compliance, provisions of health care, and

Medical Services performance measures identified in Section 12. 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 ADCRR shall be provided to the Contractor in writing by the

ADCRR Contract Monitor.

5.5.7 If non-compliance issues are noted during a monitoring/inspection activity, ADCRR shall provide a written deficiency notice to the Contractor 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

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

5.5.7.2 If, however, the Contractor has not complied with the corrective action requirements, the ADCRR Contract Monitor shall notify the

Contractor in writing that the matter will be referred to the ADCRR

Chief Procurement Officer to take action against the Contractor, 750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 13 of 158 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 ADCRR Contract

Monitor shall also notify the Contractor 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 Contractor 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 ADCRR 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.

5.6 General Requirements:

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

5.6.2 The ADCRR Contract Monitor and monitoring staff shall be physically located at the facility.

5.6.3 The Contractor shall provide ADCRR 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 ADCRR), etc., for a minimum of four (4) ADCRR staff.

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

5.6.4 The Contractor shall provide ADCRR monitoring staff with telephones that have dedicated extension numbers for their exclusive use.

5.6.5 The Contractor shall provide a dedicated fax line for the exclusive use of the

ADCRR monitoring staff

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

5.7.1 The Calculating of inmate release and parole eligibility dates.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 14 of 158

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.

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 2, Department’s

Technical Services Training Requirements.

6 PERFORMANCE AND MONETARY OFFSETS

6.1 ADCRR shall monitor the Contractor'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 ADCRR may impose monetary offsets, suspend, or terminate this Contract as authorized under the terms of this Contract.

6.3.2 ADCRR 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 the Contractor should be assessed a monetary offset, the

Chief Procurement officer shall provide written notice to the Contractor specifying the amount of the monetary offset, the grounds for the monetary offset, and the time frame for the monetary offset.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 15 of 158

6.3.4 At its discretion, ADCRR shall offset against any payments due the Contractor until the full amount is satisfied.

6.3.5 Automatic Monetary Offsets: ADCRR shall assess the monetary offsets listed in

Exhibit 7, 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 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 the Contractor has been issued a written deficiency notice but has not complied with the corrective action plan requirements and ADCRR has determined that the non-compliance does not warrant suspension or termination of the Contract, ADCRR shall assess the following monetary offset against the Contractor until the Contractor has complied with the corrective action plan requirements.

6.3.6.1 A monetary offset shall be assessed for each day the Contractor 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 8.11 for requirements governing security position monetary offsets.

6.3.6.4 Immediate Monetary Offsets: ADCRR may assess immediate monetary offsets for non-compliance, even if a corrective action plan is in effect, if one or more of the following occurs:

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

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

6.3.6.4.3 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 16 of 158

6.3.6.5 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.

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

6.3.6.6.1 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.

6.3.6.6.2 An act of deliberate indifference that disregards a known and excessive risk to an inmate’s health or safety or violates an inmate’s civil rights. Monetary offset shall be

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

6.3.6.6.3 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.

6.3.6.6.4 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.

6.3.6.6.5 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 based 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 17 of 158

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.

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

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 18 of 158 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.

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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 19 of 158

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, or since

January 1, 2012, whichever is the shorter period, 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.

7.6.1.4 Contract/customer contact name for verification. Each identified contact person shall have firsthand 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.

750 Minimum and Low Custody Contract Beds

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

Scope of Work Page 20 of 158

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.

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

Contract performance shall show that the Offeror:

7.6.2.1 Has met the requirements of the Contract.

7.6.2.2 Has maintained adequate staff levels to meet the requirements of the

Contract.

7.6.2.3 Did not have monetary sanctions or monetary off-sets applied during the term of the Contract, that were not resolved to the full satisfaction of the Contract holder.

7.6.2.4 Did not have deficiencies or areas of non-compliance identified during the term of the contract, that were not resolved to the full satisfaction of the Contract holder.

7.6.3 Should information provided by the Offeror or obtained by the Department, per this RFP, reveal that the operation of a prison/facility ceased due to a Contract being ended, not awarded, or not renewed because of negligent or wrongful acts committed by the Offeror or for cause, the Offeror may be deemed non-responsive.

7.7 Occurrences: For each prison/facility operated by the Offeror during the Offeror’s last ten

(10) years of operation, the Offeror shall provide with their response, in a format consistent with the sample format provided in Attachment 8, the following:

7.7.1 The number of annual occurrences in each of the categories listed below by year.

7.7.2 The actual or estimated average daily population…