A04_SOW.pdf

Statement of Work Bureau of Indian Affairs (BIA)

Department of Justice Services (OJS) Corrections Study

14 June 2021

1. Introduction and Background For many years, detention facilities in Indian Country have been drastically understaffed, underfunded, and poorly managed. In 2004, the U.S. Department of the Interior’s (DOI) Office of Inspector General (OIG) evaluated Indian detention facilities and found that the Bureau of Indian Affairs (BIA) was not providing safe and secure facilities throughout Indian Country. OIG published these findings in its report titled “Neither Safe Nor Secure: An Assessment of Indian Detention Facilities.” In 2015, the House Committee on Appropriations requested that OIG update its 2004 report.

In the 11 years that have passed since the issuance of that report, the operation and condition of detention facilities in Indian Country have improved. The BIA has improved its management of Indian detention programs since 2004 with implementation of a corrections handbook and a detention program inspection process. In addition, the overall condition of detention facilities has improved through replacing 24 facilities with newly constructed facilities, closing 6 older facilities, and adding 16 new juvenile detention facilities.

The total amount of detention programs open is 85, which includes BIA Corrections, Tribal Corrections and Tribal Self-Governance Programs detention centers and transport programs (See Attachment 1 Facility Locations and POCs). Finally, staffing levels have grown since 2004, and the percentage of certified correctional officers has increased.

Even with the improvements made thus far, opportunities exist to further improve detention programs and facilities in Indian Country. For example, serious incidents at the detention facilities—which include attempted suicide, escapes, and in-custody deaths—are not always reported in DOI’s centralized system, and the incident data that do exist are unreliable. In addition, the BIA has not completed required annual health and safety inspections in the past 3 years at 17 of the 26 facilities. To date, BIA has scheduled health and safety inspections on an annual basis.

Further, facility maintenance needs are at risk of going unaddressed because maintenance work orders are not consistently recorded in an electronic system. Overcrowding and staffing continue to be problems at some facilities. These issues continue to have a negative impact on the condition of detention facilities and the health and safety of inmates and correctional staff.

1.1 Current Status:

It is the policy of the BIA Office of Justice Services (OJS) to report and document all serious incidents that occur within the Detention operations or to an inmate, both adult and juvenile, legally committed to the BIA. PL 93-638 programs, or Indian Country facilities receiving federal funds. This policy to establishes a mandatory uniform reporting system and protocols for incidents that are related to the custodial management in detention operations.

In general, reporting applies to all injuries related to the following: aggravated assault, attempted suicide, bomb threats, fires, communicable disease outbreaks, disturbance, escapes, hostage situations, hunger strikes, in-custody deaths, jail closures, mass arrests, overcrowding, medical emergency, natural disaster, staff misconduct, rape, suicide, terrorist behavior, unusual or high profile incidents, use of force, medical, vehicle collisions, vermin infestation, water contamination or work slow-down.

It is the policy of the BIA OJS to insure all in-custody deaths are investigated by the Federal Bureau of Investigation (FBI) and the BIA OJS Internal Affairs Division (IAD) which occur within the detention centers or to an inmate, both adult and juvenile, legally committed to the BIA. PL 93-638 programs, or Indian Country facilities receiving federal funds.

The FBI will exercise primary criminal Investigative responsibility for federal criminal matters involving BIA-OJS and Tribal in-custody death incidents. The scope of the FBI investigation is to determine if a crime occurred contributing to the death of an inmate or prisoner.

BIA-OJS, IAD will conduct administrative investigations of all BIA-OJS/Tribal law enforcement or in-custody death incidents. The scope of the IAD investigations is to determine policy/procedures were followed and to identify or determine if any employee misconduct contributed to the death.

The BIA-OJS IAD shall retain exclusive responsibility for conducting any administrative investigation arising from a BIA-OJS/Tribal in-custody death incident. The BIA IAD case report will be provided to the Agency Chief of Police and/or District SAC for review and determine if employee disciplinary action is warranted or not.

It is the policy of the BIA OJS to insure all use of force injuries are investigated by BIA OJS IAD Division that occur within the detention centers or to an inmate, both adult and juvenile, legally committed to the BIA, PL 93-638 programs, or Indian Country facilities receiving federal funds.

The Bureau of Indian Affairs, Office of Justice Services receives funding to operate 86 corrections programs, which include 23 operated by OJS and 63 operated by Tribes. There was a total of 19 in-custody deaths reported to the BIA-OJS over the period of November 2016 through September 2020.

o 2016 – 2 o 2017 – 3 o 2018 – 2 o 2019 – 4 o 2020 – 8

Of these 19 deaths, 13 were adult male and 6 were adult female. The locations included 13 in the detention center and 6 in the hospital. There were 8 deaths in the BIA custody and 11 deaths in tribal custody. Data shows the nature of deaths included heart disease, overdose, suicide, toxic meth overdose, blunt force trauma head, alcohol, fentanyl and meth toxicity, acute pneumonia, hypertension/cardiovascular disease, methamphetamine, alcohol, and fentanyl toxicity.

1.2 BIA-OJS current status and changes made:

The BIA-OJS continues to engage in collaborative efforts with tribal and federal stakeholders including tribal clinics and health care facilities and the U.S. Health and Human Services (HHS) Indian Health Service (IHS) to ensure emergency medical aid is available to Indian Country Detention Facilities.

The BIA-OJS is engaged with the BIA Office of Facilities, Property and Safety Management (OFPSM) Public Health and Safety (PHS) on a Public Health and Safety Needs Assessment to identify and prioritize public health issues and needs.

The BIA-OJS issued COVID-19 Detention Guidance to all BIA and Tribal Detention Centers incorporating guidance from the U.S. Bureau of Prisons (BOP) and the Centers for Disease Control (CDC). As a result, the COVID-19 Pandemic has had minimal impact on Indian Country Detention programs.

The OJS began collecting, analyzing, and reporting in-custody death data in Calendar Year (CY) 2016 and will begin collecting, analyzing, and reporting in-custody injury data in CY 2021.

The BIA-OJS Report to the Congress on Spending, Staffing, and Estimated Funding Costs for Public Safety and Justice Programs in Indian Country, 2018 shows BIA funding for Detention/Corrections programs reached $114.5 million in 2018. This report reflects an annual need of $240.6 million for existing Indian Country Detention Centers.

2. Performance Objectives and Standards

2.1 Objectives:

Examine sixteen (16) closed in-custody death administrative investigations between 2016 and 2020.

2.2 Reports, SOPs, Handbooks and Process Guides

The government will provide the contractor with the following documents within 2 business days of contract award.

• DOI OIG published Report No. 2015-WR-012, Final Evaluation Report – Bureau of Indian Affairs Funded and/or Operated Detention Programs dated 11 Feb 2016.

• DOI Standard Operating Procedures - Departmental Manual, § 446, Chapter 13, Chapter 6 (446

DM 6).

• Sixteen (16) Closed ICD Administrative Investigations.

BIA Adult Detention Facility Guidelines dated January 2011.

• BIA, OJS-Correction Handbook 1st Edition.

3. Security Requirements: Performance under this contract requires a suitability clearance. If suitability clearance action reveals derogatory information, the individual may be unacceptable for work under the contract. The Government reserves the right to determine if such personnel shall continue work on contract.

The Contractor shall remove the individual(s) immediately upon official notification by the Government and identify a qualified replacement within 10 days (unless otherwise authorized by COR or CO).

The COR shall coordinate all Background Investigations activities with the DOI/IA Security Program Office and with the contractor’s team leader. The COR will be the sole individual to communicate with the Security Office. The contractor and all contractor employees, including the contractor’s personnel POC, are to refrain from direct contact with the Security Office.

4. Scope of Work and Tasks The contractor shall provide all supervision, administrative and technical support, labor, subcontractors, materials, supplies and equipment, (except as otherwise provided), and shall plan schedule, coordinate and assure effective completion of all services described herein.

4.1 Period of Performance: 17 Jul 2021 – 16 Nov 2021

4.2 Contract Type: Firm Fixed Price. Travel is FFP Not to Exceed and only billed against when the COR directs the contractor to travel.

4.3 Travel: Some travel may be required but virtual work is expected when possible. The government will notify the contractor if an in-person meeting is required. For proposal purposes only, travel costs are not expected to exceed $20,000. Travel costs shall not include Contractor’s administrative fees (G&A, OH, Profit, etc). Travel costs incurred for transportation, lodging, meals, and incidental expenses (as defined in the regulation cited in FAR 31.205-46) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulation. Contractor shall provide supporting documents for all travel costs with submitted invoices.

4.4 The tasks are:

1. Evaluate the thoroughness and effectiveness of the closed In-Custody Death (ICD) investigations.

2. Evaluate the effectiveness of department policies and tactics related to determining if current policy is followed in the manner which the investigation is conducted.

3. Evaluate whether the investigations meet common industry standards for proper evaluation of In-

Custody Death incidents pursuant to law, policy and training.

4. Evaluation of practical application of the BIA in death investigations to include training/certification recommendation that investigators should have to conduct proper and effective ICD investigations.

5. Define proposed plan to reach future state.

4.5 Task 1: Evaluate the thoroughness and effectiveness of the closed in-custody investigations.

(Attachment 2, Review Questions)

4.5.1 The contractor will: conduct on-the-ground fieldwork or virtually to examine, document, understand and assess the state of the BIA, OJS closed In-Custody Death (ICD) administrative Investigations and the investigator thoroughness.

4.5.2 Deliverables: The contractor will provide a report that shall include the following, but not limited to:

a. Review ICD Administrative Investigations and provide a written evaluation per case file.

i. Written evaluation should outline the pros/cons of each investigation associated to the thoroughness and how effective the result was to aid policy modifications/updates.

ii. Written evaluation should outline pros/cons of how policy was analyzed in comparison to employee action’s leading up to, during, and post ICD.

b. Analysis of preventative measures which should be established to mitigate deaths in the future.

i. Written evaluation should outline whether the ICD investigation revealed any deficiencies related to how the staff was overseeing its population through cell checks, regular interaction, service providers, surveillance monitoring, etc.

4.5.3 Briefing: Provide a briefing on the report. The Government will provide comments and clarification within seven (7) business days, which the contractor must incorporate into a final version within five (5) business days for delivery.

4.6 Task 2: Evaluate the effectiveness of IAD’s current ICD Investigation Report to modern day standards.

(Attachment 3 ICD Investigation Report).

4.6.1 The contractor will: Conduct on-the-ground fieldwork or virtually to examine, document, understand and assess the state of BIA, OJS Detention Policy’s associated to the ICD’s and the Administrative Investigation.

4.6.2 Deliverables: The contractor will provide a report that shall include the following, but not limited to:

a. Analysis of policy deficiencies related to ICD’s and the administrative investigation. This should provide explanation of the policy deficiency and examples of recommended updates to the specific policy which contributed or could have positively or negatively affected the outcome.

4.7 Task 3: Evaluate whether the investigations meet common industry standards for proper evaluation of In-Custody Death incidents pursuant to law, policy and training. (Attachment 2, Review Questions)

4.7.1 The contractor will: Conduct on-the-ground fieldwork or virtually examine, document, understand and assess the state of Administrative Investigation practices involving In-Custody Deaths, Laws, and Policy’s.

4.7.2 Deliverables: A report that shall include the following, but not be limited to:

a. Analysis of OJS standards and practices in comparison to industry standards related to deadly force/ICD.

I. Written evaluation should compare OJS/Tribal investigative practices to industry standards related to ICDs.

II. Written evaluation of 16 ICD investigations showing any shortcomings in the investigative process and written account of the investigation.

III. Written evaluation should provide an analysis of any regression or progression in OJS procedures/practices in comparison to ICD case files from 2020 versus past ICD case files. The comparison should be completed by evaluating 4 Closed 2020 Investigation to 2 Closed Investigations from 2019, 1 Closed Investigation from each preceding year (2018, 2017, and 2016).

4.8 Task 4: Evaluation of practical application of the BIA in-custody death investigations to include if investigators have proper training and skills to effectively investigate ICD incidents. (Attachment 2, Review Questions)

4.8.1 The contractor will: Conduct on-the-ground fieldwork or virtually to examine, document, understand and assess the state of Administrative Investigation training requirements by OJS.

4.8.2 Deliverables: A report that provides multiple well-defined recommendations and detailed plans for how to close the gap between current state and future state by:

a. Provide recommendations on the appropriate training and certifications needed to conduct in-custody death administrative investigations.

I. Identify specific training programs to increase the investigative skill set of investigators, in comparison to any deficiencies identified.

II. Identify specific certifications OJS should secure to improve its service and capabilities, in comparison to any deficiencies identified.

b. Provide recommendation of any equipment deficiencies.

I. Identify specialized equipment which may aid the IAD investigations.

4.9 Task 5: Define plans to reach future state.

4.9.1 The contractor will: Conduct on-the-ground fieldwork or virtually to examine, document, understand and assess the state of current practice, training, policy, procedure compared to recommendations for industry standards and Best Practices related to each.

4.9.2 Deliverables: A report that shall include the following, but not be limited to:

• Detail of Current and Future State differences, including the constraints and factors that contribute to the difference (both quantifiable and qualitative).

• Identify suboptimal or missing strategies, infrastructure, capabilities, processes, practices, technologies or skills.

• Error Analysis – detail of application challenges and points of objectivity vs. subjectivity.

5. Deliverables and Schedule

Task Deliverables Deliverables Schedule

N/A Kick Off Meeting In-person meeting (or virtual), within one week of contract award. Location to be determined by the government.

1 Report of evaluation of the 16 Closed ICD Investigations. Due within 60 days after award.

2 Report of evaluation of the effectiveness of IAD’s current ICD Investigation Report to modern day standards

Due within 60 days after award.

3 Report of evaluation of whether the investigations meet common industry standards for proper evaluation of In-Custody Death incidents pursuant to law, policy and training.

Due within 60 days after award.

4 Report of evaluation of practical application of the BIA in-custody death investigations to include if investigators have proper training and skills to effectively investigate ICD incidents.

Due within 60 days after award

5 Definition of plans. Due within 60 days after award.

1-5 Overall debriefing Within 5 days of work completion and acceptance by the government.

ACRONYM DEFINITIONS

BIA Bureau of Indian Affairs CO Contracting Officer COR Contracting Officer Representative DOI Department of the Interior IAD Internal Affairs Division ICD In-Custody Death OIG Office of the Inspector General OJS Office of Justice Services

ATTACHMENT LIST

Attachment 1 Facility locations and POCs Attachment 2 Review Questions Attachment 3 ICD Investigation Report