Attachment I -PREA PWS Final_7122022.pdf

Attachment #1 17 May 22

AIR FORCE SECURITY FORCE CENTER (AFSFC) | U.S. AIR FORCE

PERFORMANCE WORK STATEMENT

AIR FORCE SECURITY FORCES CENTER (AFSFC)

FOR

PREA AUDIT SERVICES

Background: Air Force Security Forces Center requires a contract with a DOJ Certified auditor for assessment and certification audit for Prison Rape Elimination Act (PREA). PREA standards are a nationally established set of standards required by law: 28 CFR Part 115 and DTM 13-002 for the elimination of rape in US prisons and jails. The standards provide a national framework for demonstrating compliance and communicating concerns to the Department of Justice and public entities, correctional administrators, legislators, and funding bodies. Through accreditation and certification, an agency will demonstrate compliance with the law.

As of August 2013, 28 CFR 28 C.F.R. § 115.401 requires that 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. The agency shall ensure that at least one-third of each facility type operated by the agency, or by a private organization on behalf of the agency, is audited.

2.0 Contract Holidays

(a) The prices/costs in section B of the contract include holiday observances; accordingly the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday. Holidays in addition to those reflected in this contract, which are designated by the Government, will be billable provide the assigned Contractor employee was available for performance and will preclude from such performance.

(b) The following days are contract holidays:

New Year’s Day 01 January

Martin Luther King, Jr. Day Third Monday of January

President’s Day Third Monday of February

Memorial Day Last Monday in May

Juneteenth Day 19 June

Independence Day 04 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day 11 November

Thanksgiving Day Fourth Thursday of November

Christmas Day 25 December

3.0 Required Services/Support:

• Up to (6) six yearly audits are required. The auditor shall review all relevant agency-wide policies, procedures, reports, internal and external audits, and accreditations for the facility according to the PREA standards.

• A site visit by auditor(s) to conduct a standards compliance audit and determine compliance with each of PREA Standards for Adult Prisons and Jails and expected practices. The auditor shall ensure that no PREA standard conflicts with ACA standards compliance.

• The auditor shall have access to, and shall observe, all areas of the audited facilities. The government shall provide ground transportation for the auditor upon arrival to the facility under inspection.

• The auditor shall be permitted to request and receive copies of any relevant documents (including electronically stored information) beginning 8 weeks prior to the on-site audit. The auditor shall provide correspondence information to the facility so that the facility can post notice of the audit

• 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.

• The auditor shall interview a representative sample of inmates, residents, and detainees, and of staff, supervisors, and administrators.

• The auditor shall review a sampling of any available videotapes and other electronically available data (e.g., blotters) that may be relevant to the provisions being audited.

• The auditor shall be permitted to conduct private interviews with detainees.

• Detainees shall be permitted to send/receive confidential information or correspondence to/ from the auditor in the same manner as if they were communicating with legal counsel.

• Each audit shall include a certification by the auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the agency under review.

• Audit reports shall state whether agency-wide policies and procedures comply with relevant PREA standards.

• For each PREA standard, the auditor shall determine whether the audited facility reaches one of the following findings: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); Does Not Meet Standard (requires corrective action). The audit summary shall indicate, among other things, the number of provisions the facility has achieved at each grade level.

• Audit reports shall (e.g. Interim Report, Certification by auditor, Final report etc.)

describe the methodology sampling sizes and basis for the auditor's conclusions with regard to each standard provision for each audited facility, and shall include recommendations for any required corrective action.

• Auditor(s) shall redact any personally identifiable inmate or staff information from their reports, but shall provide such information to the agency upon request, and may provide such information to the Department of Justice

• The last day that the on sight portion of the audit is complete; an Interim Report shall be submitted to the audited facility within 45 days of completion.

• The auditor and the facility shall jointly develop a corrective action plan to achieve compliance.

• The auditor shall take necessary and appropriate steps to verify implementation of the corrective action plan, such as reviewing updated policies and procedures or re-inspecting portions of a facility.

• After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action. The Auditor shall complete the final determination report and submit the report to the audited facility and/or agency, within 30 days after the conclusion of corrective actions period.

4.0 The Contractor shall adhere to Section 8108 of Public Law 112-10 of the Department of Defense and Full Year Continuing Appropriations Act, 2011.

• The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.sam.gov.

• Reporting inputs will be for the labor executed during the period of performance for each Government Fiscal Year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the SAM help desk.

• Uses and Safeguarding of Information: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

• User manuals: Data for Air Force service requirements must be input at the Air Force System for Award Management (SAM) link (http://sam.gov/).

5.0 Government Down Time for Various Authorities including the President, Secretary, Secretary of Defense, Secretary of the Air Force, AFMC/CC, AFSFC/CC, Installation Commander, AFICC/CC and

771 ESS/CC.

(a) Base closures Due to Emergencies: From time to time, the Base Commander may decide to close all or part of the base in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, and act of God such as a tornado or earthquake, acts of terrorism, computer failures, or a base disaster such as a natural gas leak or fire. Contractor personnel are “non-essential” for purposes of any instructions regarding the emergency.

(1) With regard to work under the contract, the government shall retain the following options:

(i) Government may grant a time extension if this contract is delayed by the closure, subject to the availability of funds.

(ii) Government may forego the work. The contractor will not be paid for work not performed.

http://www.sam.gov/

(iii) Government may reschedule the work on any day satisfactory to both parties.

(b) Base Closure Notification Procedures:

(1) After an official decision to close a base has been made by the Base Commander, the PREA Coordinator will notify the contractor and resolve any schedule conflicts.

(2) The contractor is responsible for notification of their employees.

(3) If the decision to close all or part of the base is made during the duty day, and the Base Commander’s decision is transmitted through official notification channels, the contractor shall follow the instructions as given.

(c) Base Closure Due to Non-Emergencies: The Center of Base Commander may elect to close all or part of the base for non-emergency reasons such as a time-off award, base open house, etc. In the event of a non-emergency base closure, the COR, Contracting Officer and the Contractor shall jointly choose a course of action within the following options:

(1) If there is a need for the service during the base closure and a Government employee will be present, contractor may continue on-site work. Contractor shall bill the Government in accordance with the contract.

(2) If there is no need for the service during the scheduled base closure, contractor shall not work on or off-site. Government may grant a time extension if this contract is delayed by the closure or equal to the amount of time of the closure, subject to the availability of funds. The Government will not be liable for time not worked.

6.0 Place of Performance: One third of our facilities are required to be inspected each year.

This averages out to 5 or 6 facilities per year; leading to all facilities inspected within a three

(3) year timeframe.

Current facility locations are - Shaw AFB, SC Hanscom AFB, MA

Davis-Monthan AFB, AZ

Wright-Patterson AFB, OH

Nellis AFB, NV Cannon AFB, NM Ellsworth AFB, SD Vandenburg AFB, CA Barksdale AFB, LA Little Rock AFB, AR

Malmstrom AFB, MT Scott AFB, IL Minot AFB, ND JBSA-Lackland AFB, TX

Whiteman AFB, MO McConnell AFB, KS FE Warren AFB, WY

Request all materials/ services be delivered

Air Force Security Forces Center/FC 1517

Billy Mitchell BLVD, BLDG 954 JBSA Lackland, TX

78236

Phone: 210.925.0845

**The following performance requirements shall be displayed on the National PREA Resource Center website to generate proposal submissions.** http://www.prearesourcecenter.org/

7.0 Travel Requirements: Contractor personnel will be required to perform periodic travel within the Continental United States. The Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. The costs will be reimbursed on the same basis as is applicable to federal employees of the Government. However, said costs and expenses shall not exceed the actual travel expenses incurred to assure that official travel is conducted in a responsible manner. The Contractor shall utilize the following procedures:

• Submit a written request to proceed with travel to the COR six (6) weeks prior to travel or as soon as the Auditor identifies an immediate need to travel. Contractor shall not travel until authorization from COR is received.

• Arrange transportation and other travel-related requirements to ensure attendance by appropriate Contractor personnel at the best value for the Government and in accordance with FAR 31.205- 46, Travel Costs. Lodging and meals shall be reimbursed in accordance with the standard per diem rates in the DoD Joint Travel Regulation (JTR). The website for per diem rates is:

http://www.defensetravel.DOD.mil/

• Travel Reports shall be submitted to the COR five (5) calendar days after trip completion. Travel Report format shall include at a minimum the following: dates of travel, destination, purpose, individuals’ contacted, brief synopsis, issues and challenges, recommendations, and a signature.

• Travel shall be reimbursed on an actual cost basis; no profit or fee shall be paid.

8.0 Technical Experience Required: Auditor Qualifications CFR 28 115.402

• Must be a certified Department of Justice auditor that has not been paid by the agency within the previous 3 years. With the exception of compensation for conducting prior PREA Audits. The auditor should have conducted at least one previous PREA audit. Strong background in Department of Defense and Department of Air Force Corrections policies and procedures.

9.0 DOJ Certified PREA Auditors and Non-Certified Support Staff

• The contract should identify the lead or responsible auditor, and if applicable, list the names of all other DOJ-certified PREA auditors and non-certified support staff who will assist the lead auditor during any phase of the audit, and provide a brief description of the role of other staff during the audit. Based on the above statement the auditor who is hired by the prospective contractor to perform PREA audits in our Government facilities must describe the role of and his or her relationship to the prospective contractors’ company in the contract. If an auditor is http://www.prearesourcecenter.org/ http://www.defensetravel.dod.mil/ provided by a third party vendor after execution of the contract; list the lead DOJ-certified PREA Auditors and if applicable, list the names and describe the roles of all other DOJ-certified PREA auditors and non-certified support staff who assisted during any phase of the audit.

10. Compliance with the requirement that the auditor be party to the audit contract.

• If an auditor is assigned, after the contract is awarded/executed, by a third party vendor; prior to the submission or confirmation of the Audit Initiation Form, the auditor shall be responsible for ensuring the contract between the contractor, facility, and third party is supplemented or amended to include the lead auditor as one of the parties to the contract and with direct privity to the confining agency. (See https://wwwllaw.cornell.edu/wex/privity). When applying this requirement, the term contract is defined according to DOJ’s broad interpretation to include any memorandum of understanding or intergovernmental or interagency agreement.

https://wwwllaw.cornell.edu/wex/privity