D_2__Performane_Requirements_Summary.pdf

ATTACHMENT D.2.

PERFORMANCE REQUIREMENTS SUMMARY

Adult Detention Center Services

Required Service (Performance Requirements)

Task/Item number and sub number

Performance Indicators

(Performance Standards)

Acceptable Quality Level

(Maximum allowable degree of deviation requirement)

Method of Surveillance

(Quality Assurance)

Statistical random sampling, 100% inspection, periodic surveillance, trend analysis, customer feedback, third party audits, contractor metrics

Maximum Payment % for meeting AQL

Deduction formula, Incentive formula

B.3.3.(a) Contractor Manager

(1) The contractor must provide a contract manager who must be responsible for the performances of the work on site, per Facility policy and procedures. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the CO.

(2) The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to this contract.

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet with government personnel (designated by the CO to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 2 hours.

(4) This person may be the same person who (con’t)

Contractor Manager will perform as stated.

Keep the personnel listing up to date 100% of the time.

0% COR Observance and review submittal(s)

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

can sign the contract and all modifications on behalf of the Facility.

B.3.3.(b) Contractor Employee

(1) The Warden shall oversee all operations of the contract. This person may also be the Contract Manager.

(2) A Contractor staff will be designated to oversee BIA OJS invoices and discrepancies.

(3) The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

(4) Contractor personnel must easily be recognized as contractor employees.

(5) The Contractor shall employ only skilled, trained workers familiar with the correctional services

(6) The Contractor must make sure employees have current and valid professional certifications before starting work under this contract.

(7) The Contractor shall ensure that the Facility shall always have sufficient staff to perform functions (con’t)

Contractor employees will perform as stated.

Keep the personnel listing up to date 100% of the time.

0% COR observance and review submittal(s)

No price disincentive but may be reported in relating to the security, custody, and supervision of inmates in accordance with best practices for supervision according to the NMAC Adult Detention Professional Standards.

(8) The contractor must not employ any person who is an employee of the U.S.

Government if employing that person would create a conflict of interest.

(9) All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity, and ethics.

(10) All contractor employees shall comply with contract’s time and attendance policies and reporting requirements.

(11) The Contractor shall conduct criminal records check in accordance with facilities policies and the NMAC Adult Detention Professional Standards, at a minimum a fingerprint check on employees.

B.3.5. Quality Control (a ) In compliance with the FAR 52.246-4, the contractor must provide an inspection system also called quality control plan that contains, at a minimum, the items listed in section (b) below to the COR for acceptance not later (con’t)

Quality Control Plan to be submitted before post award meeting.

0% COR review submittal(s) No price disincentive but may be reported in than the postaward conference. The COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contactor must make appropriate modifications. COR will provide a copy to the CO.

(b) The plan must include:

(1) A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment D.2). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

(2) A description of the methods to be used for identifying and preventing defects in the quality of service performed.

(3) A description of the records to be kept to document inspections and corrective or preventative actions taken.

(4) Conformance with the MM04-Quality Improvement Standard of the New Mexico Government Accreditation (con’t)

Program, Adult Detention Professional Standards, which states the contractor shall implement a Quality Control Program to assure that the requirements of the contract are provided as specified.

(c) The records of inspection must be kept and made available to the COR and CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. Any changes must be made to plan immediately.

B.3.7. Performance Evaluation Meetings

(a) Postaward Meeting

- The purpose of the meeting is to review the contract terms and conditions and identify Key Personnel on both parties. Participants without authority to bind the Government shall not take action that in any way alters the contract.

The COR shall provide written minutes within 5 business days after the meeting to the Contractor Manager for review/concurrence.

The COR will provide the final minutes to the Contractor and CO.

(b ) The CO or COR may require the Contract Manager to (con’t)

Contractor shall attend meetings and if required provide meeting minutes.

95% COR observance and review minutes

No price disincentive but may be reported in meet with the CO, COR and other BIA personnel as deemed necessary. The contractor may request a meeting with the CO and/or COR when he or she believes such a meeting is necessary.

The party calling the meeting will provide written minutes of any such meetings which must be recorded in the contract and signed by the Contract Manager and the CO.

If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within 5 calendar days following receipt of the minutes.

B.3.10. Contractor- Furnished Items and Services (Tasks) The Contractor shall incarcerate by providing housing and services to tribal persons who have committed violations of criminal federal or tribal law and are approved, through the BIA OJS protocols, to be at the Adult Detention Center

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but

(a) Task #1 – The Contractor shall inquire and receive information from the BIA OJS or Tribal Police Officer regarding any medical concerns at the time of transport and admission of the arrestee(s)/inmates(s).

The Contractor (con’t)

Perform at 90% 10% Review contractor records.

Observance by BIA OJS or Tribal PO.

No price disincentive but reserves the right to turn away and refuse custody or housing to inmates identified by the Facility’s medical or mental health director as being a heightened liability to the Contractor.

(b) Task #2 - The Contractor shall provide a medical and suicidal screening at the time of inmate booking or admission.

The arresting Agency or Agency Tribal Police Officer shall provide information regarding any known medical concerns at booking. Contractor reserves the right to turn away and reject custody acceptance of any person believed or otherwise identified as a heightened liability to the Contractor. The Warden or his designee reserves the right to refuse housing of any inmates in the Facility.

Perform at 95% 5% Review contractor records.

Site visit.

No price disincentive but

(c) Task #3 - The Contractor shall release to a responsible party (BIA Uniformed Police Officer(s), BIA Correctional Officer(s) and person(s) identified by court order) incarcerated tribal arrestee(s)/inmates(s) upon receipt of valid court order, or at the request of BIA Uniformed Police Officer(s) or BIA Correctional Officer(s). No BIA (con’t)

Perform at 95% 5% Review contractor records.

Observance by BIA OJS PO or CO.

No price disincentive but inmates shall be released to the street unless specified by court order. Any unusual/serious incident which affects any BIA OJS inmate held under this contract/purchase order is to be reported to the District CPS/COR (contact below) within 24 hours of occurrence. If the incident resulted in death, serious injury or medical condition, escape, or change of location of the youth, the Facility will immediately notify the District CPS/COR or their designee. The Contractor shall notify the COR within 24 hours of any unusual incidents which affects a bureau or tribal arrestee/inmate held under this contract.

(d) Task #4 - The Contractor agrees to protect inmates in the custody of BIA OJS from harm in accordance with the NMAC Adult Detention Professional Standards and, if applicable, the Indian Civil Rights Act of 1968, 25 U.S.C. 1302,

et. seq.

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but

(e) Task #5 - The Contractor agrees to maintain a clean, healthy, sanitized, and orderly environment with clear expectations of inmate behavior.

The Contractor will comply with the NMAC Adult (con’t)

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but

Detention Professional Standards 3rd Ed.

Revised October 2018.

(f) Task #6 - The Contractor agrees to provide for the basic needs, health, hygiene, and personal care of inmates.

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

(g) Task #7 - The Contractor shall accommodate Native American Indian culture and religion when available.

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

(h) Task #8 - The Contractor will maintain gender separation between male and female inmates.

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

(i) Task #9 - The Contractor will maintain gender separation between male and female inmates.

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in

CPARS.

(j) Task #10 - Bureau or Tribal inmate(s)/prisoner(s), held under this contract are not eligible for community service without the express written approval form.

D4corrections@bia.go

v. The Contractor agrees to email a daily roster every morning to d4corrections@bia.gov no later than 10:00 a.m. local time, except for weekends or holiday. At minimum, the roster shall include the Tribal inmate’s name, date and time of booking and date of release.

Perform at 100% 0% Review contractor records and/or request. Site visit.

No price disincentive but may be reported in

(k) Task #11 - The BIA OJS shall be responsible for transporting inmates in the custody of BIA OJS except where the COR has pre-approved the Contractor to provide transportation.

The Facility agrees to provide transport as needed, if staffing levels allow, when such transport has been requested by the placing agency and pre-approved by the BIA OJS District IV, SAC, or their designee.

Transport will then be coordinated with the COR, or their designee. The fees of travel are negotiated into the contract.

Facility agrees, when available and upon preapproval through the BIA OJS District Office, to transport services for BIA OJS inmates. The cost for such services as listed at Section B.1.

rounded to the nearest 15 minutes plus the current GSA mileage rate.

Perform at 100% 0% Review contractor records.

Site visit. Observance by BIA OJS PO or CO.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

(l) Task #12 - Medical

(1) The Contractor shall address emergency, routine non-emergency medical, psychological and dental needs of inmates through an established medical professional assessment.

(2) BIA OJS will only reimburse the Contractor for medical services if the (con’t)

Perform at 95% 5% Review contractor records and requests. Site visit.

No price disincentive but may be reported in treatment has been pre-approved by BIA OJS.

(3) Payment

(i) Payment for inmate emergency medical services will be submitted to the IHS Clinic providing health care to the adult inmates. In instances where there is a remaining balance after IHS and/or Medicare pays their portion, BIA OJS will only reimburse the facility for those medical services pre-approved by BIA OJS.

BIA OJS will only reimburse the facility, and not the actual provider of treatment for authorized emergency medical and mental health services, dental care, and prescription medications.

(ii) In instances where IHS rejects claims for care provided by a non-Indian facility and the costs cannot be recovered by the provider under other Federal or State programs, the Contractor will be billed by the provider.

(iii) BIA OJS will only reimburse the Contractor, and not the actual provider of treatment, for authorized emergency medical, mental health, and dental health care and medications. The provider shall bill the Contractor and if pre-approved, the BIA will reimburse the

Contractor. Depending on the type of emergency and or care needed, time to gain preapproval may not be available. Either way, reimbursement for any such services must be timely.

(4) The following is a list of IHS and tribal healthcare facilities by preference:

(i) Santa Fe Indian Health Services

(ii) Kewa Health Services, Santo Domingo Pueblo, NM

(iii) Santa Clara Health Services, Santa Clara Pueblo, NM

(iv) San Felipe Health Services, San Felipe Pueblo, NM

(5) Contractor, when feasible, will notify BIA prior to transport, of a BIA inmate being transported out for medical or other emergency needs, however the inmate’s immediate health care will be a priority. All emergency related transports out of the Facility require notice to the Warden and will be handled by a professional trained Detention Officer of the Facility and/ or Supervisor using Contractor’s inmate transport vehicle.

(6) Contractor will transport inmates in need of emergency healthcare or behavior health care to the closest hospital depending on the urgency of the medical need and first responder’s recommendation. The Facility shall promptly notify the BIA OJS representative, or their designee, of such medical needs to afford the Agency the opportunity to arrange for the treatment.

(i) Christus St Vincent Regional Medical Center

(ii) Emergency Care at Presbyterian Santa Fe Medical Center

(m) Task #13 - The Contractor shall make available any inspections, evaluation, or monitoring reports to the COR or BIA OJS staff upon written or verbal request when made to the appropriate personnel.

These inspections will include third-party inspections related to the facility operations.

Some of these inspections include but are not limited to health, sanitation, fire safety, fire equipment, plant management inspections, state inspections results, and /or other program review results

Perform at 95% 5% Review contractor records.

Site visit.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

B.3.11 Worksite Requirements

(a) While providing services under this project, the Contractor is responsible for conducting work posing no health/safety risk to the Contractor, (con’t)

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in the Contractor’s employees, detainees, Government employees, or the public.

(b) Records

(1) The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data and government personnel work products obtained or generated in the performance of services under this project. This applies to all Contractor personnel who provide services under this project.

(2) When providing services using electronic equipment, such as a desktop computer, a laptop, a tablet, or similar devices, the Contractor must provide a backup system for any deliverables, and for any draft or working copies of the deliverables, stored on these devices. The backup system can either be a local area network (LAN), an external hard drive, or a USB flash drive (thumb or jump drive).

A cloud-based backup system is allowed but is not recommended.

The Contractor must perform backups on a defined periodic basis.

Before any services are provided under this (con’t)

Perform at 100% 0% Review contractor records.

Site visit.

No price disincentive but may be reported in project, the Contractor will provide the BIA with a written description of the backup system and a schedule for the periodic backups.

Upon the Government’s final acceptance of the services and deliverables, the Government will retain sole ownership of th e deliverables.

Therefore, when notified of final acceptance, the Contractor is required to certify, in writing, the Contractor, the Contractor’s employees used to provide the services do not retain any electronic and manual copies of the deliverables, and any backups, drafts or working copies of the deliverables, provided under this project.

(c) Indemnification, Liability, And Insurance

(1) This Performance Work Statement (PWS) does not reflect, in this or any other context any party's position with respect to the jurisdictional authority of another. Nothing in this PWS, or in any conduct undertaken pursuant to this PWS, shall be construed as enlarging or diminishing the jurisdictional authority of either party except to the extent necessary (con’t)

Perform at 100% 0% Review contractor records. No price disincentive but may be reported in to implement and effectuate the provisions of this PWS. Nothing herein affects to any extent, statutory or tribal code provisions regarding the sovereign immunity of the parties. Neither this PWS nor the activities of the parties pursuant to this PWS shall be used to affect the legal or equitable position of any party in any pending or future litigation. Nothing in this PWS shall be construed to impact or impair the extradition authority and processes of the parties.

(2) Nothing in this PWS shall be construed as waiving the sovereign immunity of the Contractor or their employees from suit in state, tribal or federal court. Liability for suit in state, tribal or federal court is determined by existing state, tribal and federal law and is not altered by this contract.

Nothing in this contract waives the sovereign immunity of the United States or BIA Police Officers, except as provided for in the Federal Tort Claims Act, 28 U.S.C.

§§ 2401, 2671-2680.

(3) The Contractor agrees to hold harmless the BIA OJS from:

(i) (i) Violation of constitutional rights arising from the detention of persons in the Contractor Facility pursuant to this PWS.

(ii) No provision of this PWS modifies or waives the sovereign immunity or limitation of liability enjoyed by Contractor or its public employees at common law or under the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-1. Any liability incurred by the Contractor in performing the duties under this PWS will be governed by the New Mexico Tort Claims Act.

(4) The BIA OJS assumes no liability and shall not defend or indemnify for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the Contractor, including the employees, agents, representative or others acting on its behalf in any capacity, pursuant to this PWS.

(5) The Contractor assumes no liability and shall not defend or indemnify for any claims, judgments, or liabilities by third parties for property damage, personal injury, or civil liability arising from the actions of the BIA

OJS.

(6) Each party shall remain solely responsible for the ordinary expenses of its employees and property, including an appropriate and sufficient insurance policy.

(7) The Contractor shall at all times during the life of this contract maintain an insurance policy.

(8) Nothing in this PWS is intended to alter the parties' insurance obligations toward their employees or others

(e) Regulations, Laws, Policy, and Standards It shall be the Contractor's sole responsibility to be aware of these regulations and others not listed to perform under this contract and to comply with them.

The Government shall not be liable for any citations received by the Contractor. The BIA will not provide copies of the documents.

(1) Contractor shall ensure conformance with the NMAC, Adult Detention Professional Standards 3rd Ed., Revised October 2018standards or equivalent state-based Standards on Adult Detention Facilities (see D.3. These performance-based guidelines are associated with mandatory and non (con’t)

Perform at 100% 0% Review contractor records. No price disincentive but may be reported in

-mandatory standards of facility operations to include safety, security, care, programs and services, justice and order, administration, and plant management.

These standards will be used as a guide of measurement for OJS, during an annual site review by BIA OJS to compare facility operations.

(2) Prison Rape Elimination Act of 2003 and final standards shall be used in accordance with local, county, state, or federal standards associated to the Contractor.

(3) Indian Civil Rights Act of 1968, 25 U.S.C.

1302, et. Seq.

(4) Environmental Protection Agency

(5) EPA

Transportation, Air Pollution, and Climate Control.

https://www.epa.gov/tr ansportation-air-pollution-and-climate-change

(6) Occupational Safety and Health Act (OSHA) of 1970.

(7) 25 CFR 2802,

which implements Public Law 101-379, and the Indian Law Enforcement Reform Act.

(8) Other relevant Township, County, State and Federal laws, regulations, policies and guidance, as well as pertinent Tribal ordinances, policies/ procedures. (con’t)

B.3.12 Documentation Requirements

(a) Contractor Point of Contacts. See Section B.3.3. and C.13.

(b) Quality Control Plan. See Section B.3.5.

(c) A written description of the backup system and a schedule for the periodic backups. See Section B.3.11.(b) (d ) Reports

(1) Meeting minutes called by the Contractor. See Section B.3.7.

(2) Serious Incident Report. See Section B.3.10.(i).

(3) CPARS response.

See Section C.13.

Perform at 95% 5% Review contractor records and submittals.

No price disincentive but may be reported in

CPARS.

Incentive, payment in full.

C.13 FAR 42.15

CPARS (Jul 2010)

(c) We request that you furnish the CO with the person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award.

Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official.

The report information must be protected as source selection sensitive information not releasable to the public.

Perform at 80% 20% Review contractor records. No disincentive or incentive.