ARFQ DCR2500000103 Specifications.pdf

REQUEST FOR QUOTATION

ARFQ 0608 DCR2500000103

PREA Audit Services

Revised 01/27/2025

SPECIFICATIONS

1. PURPOSE AND SCOPE: The WV Division of Administrative Services is soliciting bids on behalf of the WV Division of Corrections and Rehabilitation to establish an open-ended contract for Prison Rape Elimination Act (PREA) facility audits for the West Virginia Division of Corrections and Rehabilitation located at 1409 Greenbrier Street Charleston, West Virginia 25311.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below. Additional definitions can be found in section 4.1.4 of the General Terms and Conditions.

2.1 “Contract Item” or “Contract Items” means the list of items identified in Section

4 below and on the Pricing Pages.

2.2 “Pricing Page” means the schedule of prices, estimated order quantity, and totals contained in wvOASIS or attached hereto as Exhibit A, and used to evaluate the Solicitation responses.

2.3 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the WV Division of Administrative Services.

2.4 “Agency” means the agency of the DCR listed on the specifications for procurement of goods or services under this contract.

2.5 “Facility” means the agency of the State of West Virginia listed on the specifications for procurement of goods or services under this contract. Please see the facilities listed on the Pricing Pages.

2.6 “PREA” means the Prison Rape Elimination Act.

3. QUALIFICATIONS: Vendor or Vendor’s staff are limited to individuals rather than corporate entities, and shall have the following minimum qualifications:

3.1 The Auditors shall have current, valid certification by the United States Department of Justice (DOJ) to conduct audits. Auditors assigned to audit agency facilities shall have DOJ certification to audit Adult and Juvenile Facilities.

Vendor shall be certified and in good standing with DOJ requirements and have completed a minimum of 10 facility audits. Copies of certificates may be asked for prior to awarding contract.

4. MANDATORY REQUIREMENTS:

4.1 Mandatory Contract Services Requirements and Deliverables: Vendor must provide Agency with the Contract Services listed below on an open-end and continuing basis. Contract Services must meet or exceed the mandatory requirements as shown below.

4.1.1 Pre-Audit

4.1.1.1 Vendor shall provide a notice to be posted at the facility being audited with his/her contact information 60 days prior to the audit for confidential communications.

4.1.1.2 Vendor shall communicate with the Victim Advocates

organization as part of the audit process as needed. The purpose of the communication is to identify that an agreement (MOU) is in place with the advocacy organization. The auditor will ask specific questions about agreements and processes regarding how they assist and response to sexual assault.

4.1.1.3 Vendor shall ensure that the Agency Questionnaire is

available online and accessible to the Statewide PREA Coordinator, Assistant Commissioner/Deputy/Assigned Staff and Facility Compliance Manager at least six (6) weeks prior to the audit date.

4.1.1.4 Vendor shall receive and review audit documentation via the PREA Online Audit System (OAS). Audit documentation may also be provided electronically to the auditor upon request. If the Online Audit System is unavailable, this information will also be provided electronically.

4.1.1.5 Vendor shall, at least two weeks prior to the audit, initiate an auditor review of the questionnaire and discuss with the PREA Coordinator, Assistant Commissioner/Deputy/Assigned Staff, and Facility Compliance Manager to get clarification and explain the audit process.

4.1.1.6 Vendor shall review policies and procedures via the

PREA Online Audit System (OAS) for completion of the Auditor Compliance Tool. If the Online Audit System is unavailable, this information will be available in electronic format.

4.1.2 Audit

4.1.2.1 Vendor will conduct an agency level audit in addition to facility level audits. Vendor will provide instructions, guidance and feedback related to discrepancies found during the onsite potion of the audit. Vendor will also conduct an on-site debrief at the conclusion of the audit.

4.1.2.2 Vendor shall conduct interviews with the following

individuals in accordance with PREA Audit Instrument provided by the PREA Resource Center

• Agency Head, or Designee

• PREA Coordinator

• PREA Compliance Manager

• Superintendent or Designee

• Random Sample of Staff

• Specialized Staff (as defined in PREA Audit Guide)

• Offenders

4.1.3 Post-Audit

4.1.3.1 Vendor shall finalize the Auditor Summary Report.

This may require follow-up communication with the PREA Coordinator and/or the Facility Compliance Manager.

4.1.3.2 Vendor shall accept, receive and organize additional

documents gathered onsite.

4.1.3.3 Vendor shall make a finding related to each and if

needed, will describe the nature of the required corrective action based on the review of:

• Policies/Procedures

• All Documentation

• Data

• Interview with Offenders and Staff

• Information from the Tour of the Facility

4.1.3.4 Vendor shall determine compliance with each standard

in accordance with guidelines provided for auditors by

DOJ.

4.1.3.5 Vendor shall provide an audit report within 45 days of the on-site audit outlining findings that summarize whether the facility:

• Meets Standards

• Exceeds Standards

• Does Not Meet Standards – Shall Provide Details of

Standards not Met

4.1.4 General Terms

4.1.4.1 Vendor shall complete on-site audits and reports at all provided facility locations no later than 45 days if no corrective action is required and/or 180 days if corrective action is required. Please see Exhibit B for current schedule of facility audits and Exhibit C for the future audit schedule.

§ 115.401 Frequency and scope of audits.

4.1.4.1.1 During the three-year period starting on

August 20, and during each three-year period thereafter, the agency shall ensure that each facility operated by the agency, or by a private organization on behalf of the agency, is audited at least once.

4.1.4.1.2 During the three-year audit cycle at least one-

third of DCR facilities will be audited.

4.1.4.1.3 The Department of Justice may send a

recommendation to an agency for an expedited audit if the Department has reason to believe that a particular facility may be experiencing problems relating to sexual abuse. The recommendation may also include referrals to resources that may assist the agency with PREA-related issues.

4.1.4.1.4 The Department of Justice shall develop and

issue an audit instrument that will provide guidance on the conduct of and contents of the audit.

4.1.4.1.5 The agency shall bear the burden of

demonstrating compliance with the standards.

4.1.4.1.6 The auditor shall review all relevant agency-

wide policies, procedures, reports, internal and external audits, and accreditations for each facility type.

4.1.4.1.7 The audits shall review, at a minimum, a

sampling of relevant documents and other records and information for the most recent one-year period.

4.1.4.1.8 The auditor shall have access to, and shall

observe, all areas of the audited facilities.

4.1.4.1.9 The auditor shall be permitted to request and

receive copies of any relevant documents (including electronically stored information).

4.1.4.1.10 The auditor shall retain and preserve all

documentation (including, e.g., video tapes and interview notes) relied upon in making audit determinations. Such documentation shall be provided to the Department of Justice upon request.

4.1.4.1.11 The auditor shall interview a representative

sample of inmates, residents, and detainees, and of staff, supervisors, and Superintendents.

4.1.4.1.12 The auditor shall review a sampling of any

available videotapes and other electronically available data (e.g., Watchtour) that may be relevant to the provisions being audited.

4.1.4.1.13 The auditor shall be permitted to conduct

private interviews with inmates, residents, and detainees.

4.1.4.1.14 Inmates, residents, and detainees shall be

permitted to send confidential information or correspondence to the auditor in the same manner as if they were communicating with legal counsel.

4.1.4.1.15 Auditors shall attempt to communicate with

community-based or victim advocates who may have insight into relevant conditions in the facility.

4.1.4.2 Vendor shall complete all audits in accordance with the

Bureau of Justice Assistance approved Audit Tools, procedures, and FAQ guidance as found on the PREA Resource Center website (http:www.prearesourcecenter.org/audit)

4.1.5 Decertification

4.1.5.1 If an auditor is decertified by the PREA Management Office (PMO), the vendor shall bare the burden of all additional costs associated with a full or partial re-audit.

5. CONTRACT AWARD:

5.1 Contract Award: The Contract is intended to provide Agency with a purchase price on all Contract Items. The Contract shall be awarded to the Vendor that provides the Contract Items meeting the required specifications for the lowest overall total cost as shown on the Pricing Page.

5.2 Pricing Page: Vendor should complete the Pricing Page. Vendor should complete the Pricing Page in their entirety as failure to do so will result in Vendor’s bids being disqualified.

The Pricing Page contain a list of the Contract Items and estimated purchase volume. The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the Contract or any individual item is guaranteed or implied.

Vendor should electronically enter the information into the Pricing Page through wvOasis, if available, or as an electronic document. In most cases, the Vendor can request an electronic copy of the Pricing Page for bid purposes by sending an email request to the following email address:

erin.a.webb@wv.gov.

5.3 Consumer Price Index (CPI): Said contract shall be for a base period of one (1) year with four (4) one (1) year renewal options. Automatic renewals are prohibited. Vendor and Agency must mutually agree in writing to the renewal of said contract. There shall be no price increases within the first twelve (12) months from the date of the award of the contract.

After the expiration of the initial twelve (12) month period, the Vendor may, no less than thirty (30) days prior to the contract anniversary date, request a price adjustment in writing. Said price adjustment will be evaluated bases on the prior year Consumer Price Index compared to the current year Consumer Price Index, or 3% whichever is less. All price adjustments must be approved by the Agency prior to implementation, at Agency’s sole discretion. Approval of price adjustments is not guaranteed. Agency will issue a Change Order to said contract for any approve price adjustments.

5.4 Piggyback: The WVDCR reserves the right to extend the terms, conditions, and prices of this contract to other Agencies/Institutions who express an interest in piggybacking on this contract. Each of the piggyback Agencies/Institutions will issue their own purchasing documents for the goods/services. Vendor agrees that DCR shall bear no responsibility or liability for any agreements between Vendor and the other Agency/Institutions who desire to exercise this option.

6. PERFORMANCE: Vendor and Agency shall agree upon a schedule for performance of Contract Services and Contract Services Deliverables, unless such a schedule is already included herein by Agency. If this Contract is designated as an open-end contract, Vendor shall perform in accordance with the release orders that may be issued against this Contract.

7. PAYMENT: Agency shall pay a flat fee per facility as shown on the Pricing Page, for all Contract Services performed and accepted under this Contract. Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

8. TRAVEL: Vendor shall be responsible for all mileage and travel costs, including travel time, associated with performance of this Contract. Any anticipated mileage or travel costs may be included in the flat fee or hourly rate listed on Vendor’s bid, but such costs will not be paid by the Agency separately.

9. FACILITIES ACCESS: Performance of Contract Services may require access cards and/or keys to gain entrance to Agency’s facilities. If access cards and/or keys are required:

9.1 Vendor shall identify principal service personnel which will be issued access cards and/or keys to perform service.

9.2 Vendor shall be responsible for controlling cards and keys and will pay replacement fee, if the cards or keys become lost or stolen.

9.3 Vendor shall notify Agency immediately of any lost, stolen, or missing card or key.

9.4 Anyone performing under this Contract shall be subject to Agency’s security protocol and procedures.

9.5 Vendor shall inform all staff of Agency’s security protocol and procedures.

10. VENDOR DEFAULT:

10.1 The following shall be considered a vendor default under this Contract.

10.1.1 Failure to provide Contract Services in accordance with the requirements contained herein.

10.1.2 Failure to comply with other specifications and requirements contained herein.

10.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

10.1.4 Failure to remedy deficient performance upon request.

10.2 The following remedies shall be available to the Agency upon default.

10.2.1 Immediate cancellation of the Contract.

10.2.2 Immediate cancellation of one or more release orders issued under this Contract.

10.2.3 Any other remedies available in law or equity.

11. MISCELLANEOUS:

11.1 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Contract Manager:

Telephone Number:

Fax Number:

Email Address: