Draft Performance Work Statement_Prisoner Housing.pdf

DRAFT

PERFORMANCE WORK STATEMENT

Prisoner Housing For Directorate of Emergency Services

1. GENERAL INFORMATION: This is a non-personnel services contract to provide Prisoner Housing the Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services: The contractor shall provide Federal (Military) Prisoner Housing (civil confinement of soldiers) in support of Directorate of Emergency Services (DES), Fort Hood, Texas, in accordance with the Performance Work Statement (PWS).

This effort includes providing all facilities, resources (except those provided by the Government), management, and supervision necessary to feed and house military prisoners from Fort Hood, Texas. Requirements include, but are not limited to: meeting basic life, health, and safety standards, and treatment and housing for the military prisoners in accordance with Local Civilian Confinement Facility Contract Guidance, as required by AR 190-47

1.2 Background: The current contract (W9115116D0023) was awarded to Bell County

Sherriff’s Department on 1 October 2016. The contract is an Indefinite Delivery

Indefinite Quantity (IDIQ) contract that includes base plus four option periods. It is set to expire 30 September 2021.

1.3 Objectives: Provide the standards of treatment and housing for the military prisoners in accordance with US Army Regulations and the Texas Commission on Jail Standards; and monitoring and controlling military prisoners confined in the contractor’s facility.

1.4 SCOPE OF WORK. The contractor shall provide all facilities, resources (except those provided by the Government as specified in paragraph 4), management and supervision necessary to feed and house military prisoners from Fort Hood, Texas. The contractor is responsible for providing services, 24 hours a day seven days a week. All Fort Hood military prisoners must be housed within the same jail facility or complex (e.g.

annex). In the event of local or national emergencies that prevent normal operations, the contractor shall immediately notify the Contracting Officer and DES, Confinement Liaison Office, Building 2310. Verbal notifications shall be confirmed in writing within 12 hours.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (4) 12-month option years. The Period of Performance reads as follows:

Base Year Option Year I Option Year II Option Year III Option Year IV

1.6 Contractor’s facility shall be located within 25 miles (one way) from the Directorate of Emergency Services (DES), Fort Hood, Texas. The full address of the facility shall be provided in the contractor’s offer.

1.6.1 The Government estimates there will be an average of 20 to 40 prisoners in confinement at any given time. Averages are derived from historical data and may or may not accurately reflect the actual numbers of prisoners housed in the contractor’s facility.

1.6.2 Quality Control. The contractor shall establish and implement a thorough Quality Control Plan (QCP) that identifies potential and actual problems in meeting contract requirements and results in corrective action. The plan shall include the principles of the Texas Commission on Jail Standards. The QCP shall be submitted to the Contracting Officer for approval fifteen (15) calendar days after contract start date and shall be updated thereafter as needed to maintain an effective QC program. Any changes to the QCP shall be submitted to the Contracting Officer a minimum of five working days prior to implementation. Written acceptance or non-acceptance of proposed changes will be provided to the contractor by the Contracting Officer. The Contractor shall schedule and conduct Quality Control (QC) inspections. The QC inspection schedule and results shall be available for Government review upon request during normal working hours. Copies of QC documentation, either digital or paper, shall be provided to the Government within 2 working days of request.

1.6.3 Quality Assurance. Inspection of services shall be conducted in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial Items, and the Quality Assurance Surveillance Plan (QASP).

1.6.4 Recognized Holidays: The contract manager or alternate shall be available between 9:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Thanksgiving Day Veteran’s Day Christmas Day Memorial Day Juneteeth Independence Day

1.6.5 Hours of Operation: 24 hours a day - Seven Days a Week

1.6.6 Place of Performance 1201 Huey Drive, Belton, TX 76513

1.6.6 Type of Contract: Indefinite Delivery Indefinite Quantity

1.6.7 Contracting Officer Representative (COR). The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.8 Facility Inspections. The Government may conduct announced and unannounced inspections of the facility at any time. Remedies to any deficiencies noted during the inspections shall be in accordance with the inspection of services clause contained in contract. Inspections shall address the general condition of the facility, i.e.

cleanliness, prisoner condition, etc. Inspection shall be performed in accordance with standards set by the Texas Commission on Jail Standards and AR 190-47.

1.6.9 The Government will communicate with the contractor on a daily basis either in person or via wired landline telephone to obtain a status report of military prisoners.

Matters of concern during this reporting session will be prisoner issues and general information regarding federal prisoners (number of prisoners, classification, i.e. pretrial and post-trial, officer or enlisted, male or female, and identification of any problem areas such as discipline problems, illness, etc.).

1.6.10 The Government will be responsible for all coordination for prisoner transfer and release.

1.7 CONFINEMENT FACILITY AND COMMUNICATIONS. The contractor shall ensure that the contracted correctional facility meets basic life, health, and safety standards each prisoner day. The facility needs to be federally approved in accordance with Army Regulation (AR) 190-47. Approved facilities are the facilities used or approved by the Federal Bureau of Prisons or U.S. Marshals, or accredited by the ACA American Correction Association. The contractor shall provide for the segregation of pretrial Army prisoners by officer, noncommissioned officer, and enlisted, gender, and post trial status. Prisoner communication with the media is restricted. Face to face and telephonic communications between military prisoners and members of the news media (print or broad cast) are not authorized. Any other media communication is not authorized without prior approval from Office of the Provost Marshal General (OPMG), Army Corrections Command (ACC)/Office of the Chief of Public Affairs (OCPA).

1.7.1 Post Award Conference/Periodic Progress Meetings. The Contractor agrees to participate in any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart

42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.7.2 Key Personnel. The following personnel are considered key personnel by the Government: Program Manager (Jail Administrator)/Alternate Program Manager (Jail Lieutenant). The contractor shall provide a program manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 9:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays.

1.8 Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in Federal Acquisition Regulation Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

SECTION 2 DEFINITIONS

2.1 ACA: American Corrections Association

2.2 DAY: A twenty-four-(24) hour period.

2.3 PRISONER DAY: Each 24 hour period (or portion thereof) a Fort Hood Prisoner is housed in the contractor’s facility.

2.4 DES: DIRECTORATE OF EMERGENCY SERVICES: the Government entity responsible for the transportation of prisoners.

2.5 MILITARY POLICE/DEPARTMENT OF THE ARMY CIVILIAN POLICE

OFFICER: A soldier, usually enlisted, or a Department of the Army Civilian law enforcement Officer. Both work for DES.

2.6 COUNSEL: Includes all members of the Staff Judge Advocate Corps (Trial Counsel or Defense Counsel) and Civilian Defense counsel.

SECTION 3 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1 The Government will furnish a confinement order, indicating the prisoner’s status (pre-trial or post-trial), with the prisoner being moved to the contractor’s facility.

3.2 The Government does not plan to provide any supplies; however, the Government reserves the right to furnish all or part of the supplies, at any time during the life of this contract, if it is in the best interest of the Government.

3.3 The Government will furnish all prisoner transportation (24 hours per day) to and from contractor’s facility. The Government will provide sufficient personnel and equipment to accommodate all prisoner transportation. The Government will be held responsible for prisoners while in the custody of the DES or his designated representative.

SECTION 4 CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1 The contractor shall maintain the facility in accordance with the standards for a federally approved detention facility as published by Texas Commission on Jail Standards.

4.1.1 The contractor shall furnish mail services for the military prisoners consistent with the standards the facility is required to meet for its civilian and other federal prisoners.

The contractor shall provide a copy of this procedure to the Contracting Officer within thirty (30) days after the start date of the contract.

4.1.2 The contractor shall furnish all health and comfort items in accordance with the standards applicable to civilian prisoners.

4.1.3 The contractor shall provide space for confidential, face-to-face meeting between prisoners and their counsel. This space shall be available to permit visitation between prisoners and their counsel in accordance with (IAW) Paragraph C-5.5.3. below.

SECTION 5 SPECIFIC TASKS

5.1 The contractor shall comply with the standards of treatment and provide housing for the military prisoners in accordance with Texas Commission on Jail Standards.

5.2 The contractor shall monitor and control military prisoners confined in the contractor’s facility in accordance with Texas Commission on Jail Standards.

5.3 IAW AR 190-47, the contractor shall not integrate pre-trial (detained) and post-trial (sentenced) prisoners together in the same cell. The contractor shall not integrate Fort Hood detainees or prisoners with civilian detainees or prisoners for any purpose.

This includes roll calls, musters, dining periods or exercise periods (if any). Precautions shall be taken to ensure that interaction between pre-trial and sentenced prisoners shall not occur. All integration prohibitions, which apply to enlisted soldiers, shall also be applied to officer prisoners. Male and female prisoners shall not be integrated. The contractor shall attempt to house all post-trial (sentenced) prisoners together when space available.

5.4 The contractor shall not require pre-trial prisoners to perform any work other than cleaning their own cell area. Under no circumstances will pre-trial prisoners supplement the prisoner work force.

5.5 The contractor shall permit visitation by the following individuals in accordance with the schedule listed below:

5.5.1 DES OR REPRESENTATIVE: 24 hours per day

5.5.2 CHAPLAIN: 24 hours per day

5.5.3 PRISONER COUNSEL: 24 hours per day with 30-minutes notice. Additionally, the contractor shall permit prisoners to receive telephone calls from their counsel 24 hours per day. If the prisoner is not physically available to talk to counsel when counsel calls, the contractor shall: (a) make the prisoner available to return the call at the earliest opportunity, (b) provide counsel an estimated time in which counsel can expect a return call, and (c) provide direct dial phone for prisoners to return counsel’s phone calls 24 hours per day. The contractor shall permit prisoner initiated telephone calls to their counsel during normal duty hours (0730-1630 hours daily, except holidays) as allowed in military confinement facilities. All telephone calls will be made from or received in a space providing for confidential communication between the prisoner and his counsel.

5.5.4 MILITARY PRISONER’S COMMANDER OR AUTHORIZED

REPRESENTATIVE: During military duty hours, 0600 hours to 1800 hours, subject to the Government providing advance notice to the contractor not later than close of business on the day prior to the visit.

5.5.5 MILITARY PRISONER’S IMMEDIATE FAMILY MEMBER: Regularly scheduled visitation days established by the contractor for all prisoners (via authorized communication methods).

5.5.6 The contractor shall, in the event that documentation pertaining to released or transferred prisoner is received on a date after the prisoner has been released or transferred, forward such documentation to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within three (3) days of receipt of such documentation.

5.5.7 The contractor shall, in the event that property belonging to a released or transferred prisoner is left at the contractor’s facility (regardless of reason), forward the prisoner property to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within (3) working days upon finding such property.

5.8 The contractor shall provide the DES, Confinement Liaison Office, Building 2310, with a monthly report of statistics specifying the number of military prisoners housed during the previous month. Each monthly report shall include the prisoner name, rank, prisoner’s unit, and number of days housed. These statistics shall be provided by the 5th working day of each month either in encrypted email, or paper report and hand delivered.

5.9 The contractor shall notify the DES, Confinement Liaison Office, Building 2310, immediately upon any prisoner incident such as a medical emergency, fights or other matters concerning federal prisoners not covered elsewhere in this contract. Verbal notifications shall be confirmed in writing within 12 hours. The contractor shall notify the DES of any grievances made by the prisoners. The immediate notification shall occur over wired landline or cell phones. The contractor shall provide any video or recordings of incidents involving military prisoners, to the government upon request.

5.10 The contractor shall not release photograph of confined soldiers to the media or post on any web site.

5.11 The contractor shall furnish military prisoner’s three (3) meals per day consistent with the Texas Commission on Jail Standards requirements for feeding civilian and other federal prisoners. Meals will meet the nationally recognized allowances for basic nutrition. The contractor shall provide physicians prescribed diets and religions diets as needed or prescribed. In the event the contractor is unable to provide the prescribed meal the government may supply or arrange for the prescribed meal plan.

5.12 In emergency cases, the contractor shall obtain and/or furnish military prisoners’ emergency medical care. Emergency is defined as serious illness or life threatening injury. In the event of medical emergencies the contractor will provide initial prisoner security at the hospital. After the prisoner is medically stable, usually with-in 12-24 hours, the government will arrange for transport/transfer to a government medical facility or provide guards at the emergency medical facility.

5.13 The contractor shall notify the DES, Confinement Liaison Office (CLO) in the event a pretrial or post-trial soldier needs routine medical appointment (Sick Call) daily or as needed. The government will coordinate all medical and mental health appointments. If a soldier needs or request medical appointment the contractor shall contact the CLO.

5.14 The contractor will administer all medications as detailed on the prescriptions. In the event the contractor’s medical staff differ in the medical opinion of the government’s medical provider, the contractor medical staff will contact the government’s medical provider for resolution. The CLO will provide the governments medical providers contact information to the contractor. The contractor and the government medical provider will be the final determination of medication and treatment plan. The contractor will document and track all medications and date and time of issue to the military prisoner.

In the event the military prisoner refused the medication the contractor will document and notify the government. The contract will issue and provide any over the counter medication (Tylenol, cold/flu medication are a few examples), without cost to the government. The contractor will provide and administer any minor first aid, not requiring emergency care. Example would be band aids, care for any minor cuts and scrapes.

The government will follow-up with the military prisoner's medical team for any maror follow-up

5.15 The contractor shall provide 3 meals a day in accordance the Texas Department of Jail Standards. The contractor will provide special religious/ allergies meals that are offered to other inmates of the facility.

5.16 Military prisoners will have access to recreation times, daily, as allowed by contractor.

5.17 The contractor shall provide adequate clothing and sleeping accommodations with sufficient bedding an access to religions books.

5.18 The government will provide military prisoners access to and arrange for all dental care. The contractor will provide separation/segregation for any military prisoner experiencing a mental health crisis. If deemed by the contractor mental health staff that 24 hour (constant watch) monitoring is required, the contractor will provide this monitoring. In the event that this monitoring is not electronic method and an in-person method is required, this method can be an inmate selected that normally/authorized to perform these duties. The contractor will notify the government representative, or the appropriate government representative, if a military prisoner experiences a mental health crisis. The contractor will provide mental health segregation if the government provides the notification the military prisoner has mental health behavior issued that require segragaton/seperation from other inmates.

5.19 The contractor shall allow access to personal hygiene areas daily and laundry services weekly.

5.20 The contractor shall allow military prisoners access to telephone. Communication between prisoner and attorney and will not be recorded. The contractor shall provide copies of all non-attorney phone calls and video visitations upon request from the government.

5.21 The contractor shall keep separate all military prisoners and all foreign nationals.

5.22 The contracted facility shall comply with the Department of Justice, National Prison Rape Elimination Act (PREA) Standards.

SECTION 6 APPLICABLE PUBLICATIONS

The Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures.

AR 190-47, The Army Corrections System, 17 March 2023 Texas Commission on Jail Standards