Attachment_B_-_Penology_Consultant_Statement_of_Work.pdf

ATTACHMENT B

PENOLOGY SUBJECT MATTER EXPERT SUPPORT SERVICES

FOR

THE DEPARTMENT OF HOMELAND SECURITY

OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES

STATEMENT OF WORK

1.0 GENERAL

1.1 BACKGROUND

The U.S. Department of Homeland Security (DHS), Office for Civil Rights and Civil Liberties (CRCL), is responsible for investigating complaints filed pursuant to 6 U.S.C.

§ 345 and 42 U.S.C. § 2000-ee-1, alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by DHS employees and officials. CRCL’s Compliance Branch is responsible for investigating these complaints. CRCL is also charged with overseeing compliance with constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by DHS programs and activities.

1.2 SCOPE

1.2.1 The purpose of this contract is to obtain penology subject matter expert support services from penology subject matter experts to assist the Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL) to accomplish its mission.

The selected subject matter experts will primarily assist CRCL in conducting investigations involving issues in immigration detention involving conditions of detention, such as preparing documents, providing training, and other functions related to conditions of detention. The experts will serve as consultants on other CRCL matters related to conditions of detention, including reviews initiated by DHS leadership, substantive work groups, and other activities as requested.

1.2.2 Program support services are required to evaluate complaints received pursuant to 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1 and also to oversee compliance with constitutional, statutory, regulatory, policy, and other requirements as authorized under 6 U.S.C. § 345 and 42 U.S.C. § 2000-ee-1. The experts will provide assistance related to activities that arise within CRCL’s authority, including but not limited to research, analysis, and/or development of system-wide standards, policies, procedures, and training. Services include, but are not limited to, conducting reviews of DHS facilities, providing training related to their areas of expertise, and other activities and projects related to conditions of detention concerns, as tasked by CRCL, such as participating in work groups, developing or presenting briefings, and preparation of documents. In particular the experts will also be required to prepare detailed reports regarding their observations and findings, as well as to provide recommendations based upon applicable correctional standards. These reports will be expected to write detailed, thorough, and effective reports summarizing their findings, conclusions, and recommendations.

1.3 CONTRACTOR PERSONNEL.

Penology Consultant

1.4 QUALIFIED PERSONNEL.

The Contractor shall provide qualified personnel to perform the requirements specified in this Statement of Work.

1.5 MINIMUM REQUIREMENTS FOR A PENOLOGY CONSULTANT.

1.5.1 The Contractor shall have a Bachelor’s Degree in criminal justice or correctional management – or, in lieu of a Bachelor’s degree in criminal justice or correctional management, a Master’s degree or other graduate degree in a related field.

1.5.2 The Contractor shall preferably have at least 10 years hands-on experience, including five years of management experience, in a correctional facility.

1.5.3 The Contractor shall have experience investigating, auditing, or otherwise evaluating correctional and detention facilities for violations of correctional standards.

1.5.4 The Contractor shall be able to research and analyze system-wide correctional policies and practices.

1.5.5 The Contractor shall be experienced in objectively critiquing the treatment provided by other correctional officials within correctional and detention facilities.

1.5.6 The Contractor shall be familiar with and have experience applying the American Correctional Association Standards and other applicable standards.

1.5.7 The Contractor shall have experience with or exhibit the ability to work with the ICE National Detention Standards, and other related immigration-based detention policies and procedures. Experience with the DHS National Detention Standards are not necessary, but are helpful and will be evaluated accordingly.

1.5.8 The Contractor shall have demonstrated knowledge and experience with the history, policies and protocol of correctional standards in correctional facilities and be apprised of recent trends and information in the area correctional services.

1.5.9 The Contractor shall have demonstrated experience reviewing and evaluating correctional facilities and exhibit the ability to review and evaluate the federal immigration detention system.

1.5.10 The Contractor personnel shall have experience formulating recommendations or other steps to address violations identified as part of an investigation or other type of inquiry.

1.5.11 The Contractor shall have experience producing written reports that evaluate correctional standards, systems and actions present in detention facilities. This shall include analysis of and application of standards and policy.

1.5.12 The Contractor shall have demonstrated ability to produce comprehensive reports that are well-written, clear, and cite relevant resources. Reports must be written in Microsoft Word and be submitted by email under strict deadlines and in accordance with formatting criteria. The contractor shall work with CRCL to edit reports and required documentation.

1.5.13 The Contractor personnel must have demonstrated experience showing they are able to review large amounts of documentary evidence in short timeframes and provide oral briefings, written reports, or training, as needed.

1.5.14 The Contractor personnel must be able to travel to various locations nationwide to perform onsite investigations for several consecutive days, and work efficiently and cooperatively under the direction of CRCL personnel.

1.6 REQUIREMENTS

1.6.1 The Contractor shall review, evaluate and report on conditions of detention issues and advise CRCL on how Department policies and practices impact various issues involving immigration detention facilities.

1.6.2 The Contractor personnel shall document their findings and recommendations in well written, comprehensive reports for each investigation or assignment. The Contractor personnel shall collaborate with CRCL as necessary to make edits to the written reports in order to fulfill CRCL’s needs, goals, and requirements.

1.6.3 The Contractor personnel shall provide CRCL with guidance on various violations of civil rights or civil liberties related to penology practices upon request, whether related to a CRCL investigation, or related to a broader CRCL issue or area of work. The Contractor personnel shall provide such guidance, whether planned or ad hoc, by telephone, email, formal report, or in person, as requested by CRCL. The guidance shall include, but not be limited to, discussions and assessments of individual cases, findings from onsite investigations, discussion of policies and practices, and any other relevant information that may arise during the course of an investigation.

1.7 EMPLOYEE IDENTIFICATION.

Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all

Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

1.8 EMPLOYEE CONDUCT.

Contractor employees shall comply with all applicable government regulations, policies, and procedures (e.g. fire, safety, sanitation, environmental, protection, security, “off limits” areas, and possession of weapons) when visiting or working at government facilities. The Contractor shall ensure a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security.

1.9 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY

REASONS.

1.9.1 The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to end services.

1.9.2 The Contractor shall not employ any person under this Contract who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the Contracting Officer and Contracting Officer's Technical Representative by telephone and in writing within 72 hours when a conflict of interest arises during the course of carrying out the duties of this Contract.

1.10 CONFLICT OF INTEREST

The Contractor shall not employ any person under this Contract who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest. The Contractor shall notify the Contracting Officer and Contracting Officer's Representative (COR) by telephone and in writing within 72 hours when a conflict of interest arises during the course of carrying out the duties of this Contract.

1.11 KEY PERSONNEL.

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the Contracting Officer. The Penology Consultant is designated as Key by the Government for this requirement.

1.12 PERIOD OF PERFORMANCE.

The period of performance for this contract is one year from date of award plus four 12 month option periods.

1.13 PLACE OF PERFORMANCE.

The primary place of performance shall be the contractor’s office or place of residence.

The Contractor shall also perform work onsite at locations to be determined by CRCL.

1.14 TRAVEL.

The Contractor is required to travel to support this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. Time-in-travel costs are not reimbursable. The Contractor shall be responsible for obtaining the Contracting Officer’s Representative (COR) approval (electronic e-mail is acceptable) for all reimbursable travel in advance of each travel event. The Contractor shall also submit by email within 30 days to both the COR and the DHS Invoicing Team an invoice for work and travel performed. The invoice shall include required information outlined in the contract.

Failure to submit a timely invoice may result in reimbursement and payment delays.

1.15 POST AWARD MEETING.

The Contractor shall participate in a Post Award Meeting with the Contracting Officer and the COR no later than five (5) business days after the date of award. The purpose of the Post Award Meeting is to discuss the contracting objectives of this contract. The Post Award Meeting will be held at the Government’s facility or via teleconference or conference call.

1.16 PROGRESS REPORTS.

The Project Manager (Contractor) shall provide progress reports as needed to the Contracting Officer and COR via electronic mail. This report shall include a summary of all Contractor work performed, including an assessment of technical progress, written and analytical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous reporting period.

1.17 PROGRESS MEETINGS.

The Contractor shall be available to meet with the COR or CRCL POC upon request to present deliverables, discuss progress, exchange information and resolve emergent problems and issues. These meetings shall take place at the Government’s facility or via telephone or email.

1.18 GENERAL REPORT REQUIREMENTS.

The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with DHS Microsoft Office applications.

1.19 INTELLECTUAL PROPERTY.

All reports generated, documentation produced and research conducted in the performance of this requirement shall be the property of DHS.

1.20 PROTECTION OF INFORMATION.

Contractor access to information protected under the Privacy Act is required under this contract. Contractor access to unclassified Security Sensitive Information and Law Enforcement Sensitive information will be required under this contract. This documentation will be provided to the Contractor in person, by mail, or by email.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

The Contractor shall be required to submit a signed Non-Disclosure Agreement hereby incorporated as “Non-Disclosure Agreement.”

1.21 GOVERNMENT FURNISHED RESOURCES.

The Contractor will be furnished with Security Sensitive information for review and analysis. This documentation will be provided to the contractor in person, by mail courier, or by email. The Contractor shall safeguard this information against unauthorized disclosure or dissemination.

1.22 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in Section 1.21 of this Statement of Work.

1.23 DELIVERABLES.

The Contractor personnel shall provide CRCL with written reports, oral briefings, guidance, and support for civil rights and civil liberties investigations. Reports shall contain the following elements at a minimum:

1) The contractor’s statement of qualifications;

2) Method of review;

3) Observations/findings;

4) Analysis, including evaluation of relevant standards;

5) Recommendations; and

6) Citations and references to relevant policies, procedures, and guidelines.

The Contractor may be asked to provide less formal documentation or verbal reports.

ITEM SOW DELIVERABLE / EVENT DUE BY

1 1.15 Post Award Meeting 5 business days of date of award.

2 1.16 Progress Reports 3 business days following request.

3 1.6 Draft Investigative Reports

COR CHECKPOINT

Within 10 business days of receipt of assignment: Contractor will submit draft to COR and assigned CRCL POC for review.

The Contractor and CRCL will discuss the draft report to ensure its accuracy. CRCL will furnish comments and edits to Contractor who will be responsible for making changes to the draft.

The COR must be copied on all assignment correspondence.

4 1.6 Oral Briefings and Ad Hoc Reports or Project-related work

COR CHECKPOINT

Due date to be determined by COR and/or assigned CRCL POC and Contractor.

5 1.6 Edits to Reports and Documents 5 business days after receipt of government comments.