Lane County (Eugene) SO TX BPA FY23 RFP.pdf

BPA-Solicitation Number: 0979-23-001 Page A- 1 of 2

✎AO 367

(Rev. 6/11)

SECTION A SOLICITATION / OFFER / ACCEPTANCE

1. Solicitation No. 2. Date Issued 3. Award No.

0979-23-001 01/20/2023

4. Issued By: 5. Address Offer To (if other than Item 4):

Devin Thompson «A_F_recipientName» 1000 SW 3rd Avenue Suite 340 Portland OR, 97204

SOLICITATION

6. Offers in original and 0 copies for furnishing the required services listed in Section B will be received at the place specified in Item 5, or if handcarried, in the depository located:

1000 SW 3rd Avenue Suite 340 Portland OR, 97204 until 04:30 PM local time 02/17/2023 (hour) (date)

7. For Information call:

a. Name Devin Thompson b. Telephone (503) 849-8619

TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – AGREEMENT CLAUSES

X A SOLICITATION/OFFER/ACCEPTANCE 1 X I REQUIRED CLAUSES 3

X B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 28 X J LIST OF ATTACHMENTS 17

X D PACKAGING AND MARKING 1 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OR OFFERORS 2

X F DELIVERIES OR PERFORMANCE 1

X G AGREEMENT ADMINISTRATION DATA 4 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 13

X H SPECIAL AGREEMENT REQUIREMENTS 4 X M EVALUATION CRITERIA 4

OFFER

8. In compliance with the above, the undersigned agrees, if this offer is accepted within _____________calendar days (365 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

9. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

10. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

11. NAME 16. AWARD

AND

ADDRESS Your offer on Solicitation Number , including the OF additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets.OFFEROR

12. Telephone No. (Include area code)

13. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 17A. NAME OF CONTRACTING OFFICER (Type or print)

17B. UNITED STATES OF AMERICA 17C. DATE SIGNED

14. Signature 15. Offer Date BY (Signature Of Contracting Officer)

BPA-Solicitation Number: 0979-23-001 Page A- 2 of 2

BPA-Solicitation Number: 0979-23-001 Page B- 1 of 3

Revised FY 2023

SECTION B - SUPPLIES OR SERVICES AND OFFEROR'S PRICES

The United States District Court for the District of Oregon is soliciting a vendor to provide substance use, mental health, and/or sex offender treatment services. A vendor must be capable of providing services within a geographic area encompassing Lane County.

As a result of this solicitation the Government intends to enter into a Blanket Purchase Agreement (BPA). For this BPA, approximately 1 to 2 vendors are needed to provide the required services. The Government reserves the right to award to a single vendor.

A Blanket Purchase Agreement is a “charge account” arrangement, between a buyer and a seller for recurring purchases of services. BPAs are not contracts and do not obligate government funds in any way. A contract occurs upon the placement of a call or referral from the Probation/Pretrial Services Office and the vendor’s acceptance of the referral. Referrals will be rotated among all the vendors on the BPA. BPAs are valid for a specific period of time, not to extend beyond the current fiscal year. The total duration of this BPA, including the exercise of two 12-month options, shall not exceed 36 months. BPAs will be issued to those vendors determined to be technically acceptable and offering the lowest cost to the Government, using the Evaluation Criteria established in Section M of the Request for Proposal.

Section B is generic and used nationwide to procure the particular needs of each U. S. Probation/Pretrial Services Office. For this solicitation, only those services marked by an "X" under the Required Services column are being solicited. Offerors shall propose on only the required services. Services proposed, but not marked as required, will not be evaluated or included under any resultant agreement. Offerors failing to provide offers on all required services marked, will be considered technically unacceptable.

Note: Estimated Monthly Quantities (EMQs) represent the total monthly quantities to be ordered per Service item under the BPA. Each vendor placed on the BPA may receive a share of the total quantity stated.

However, EMQ’s are estimates only and do not bind the government to meet these estimates.

An asterisk * indicates a requirement line item which has been modified under “Local Services.”

BPA-Solicitation Number: 0979-23-001 Page B- 2 of 3

PSYCHOLOGICAL/PSYCHIATRIC WORK-UP, EVALUATION, AND REPORT:

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

X * 5012 Sex Offense Specific Evaluation and Report 2023

Unit: per report (total price)

SEX OFFENSE- SPECIFIC TREATMENT FOR POST CONVICTION:

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

X * 6012 Individual Counseling 2023

Unit: per 30 minute session

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

X * 6022 Group Counseling 2023

Unit: per 30 minute session

PHYSIOLOGICAL MEASUREMENTS:

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

X 5025 Visual Reaction Time (VRT) Measure of Sexual Interest and Report

Unit: per report

SPECIALIZED TREATMENT FOR PRETRIAL DEFENDANTS CHARGED WITH A SEX-OFFENSE:

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

BPA-Solicitation Number: 0979-23-001 Page B- 3 of 3

X * 7013 Individual Treatment 2023

Unit: per 30 minute session

PROJECT CODE REQUIRED SERVICES ESTIMATED MONTHLY QUANTITY UNIT PRICE

X * 7023 Group Treatment 2023

Unit: per 30 minute session

BPA-Solicitation Number: 0979-23-001 Page C- 1 of 29

SECTION C. DESCRIPTION/STATEMENT OF WORK

PROVISION OF SERVICES

The United States Probation and Pretrial Services Office (hereafter USPO/USPSO) shall provide a Probation Form 45 for each defendant/person under supervision that authorizes the provision of services. The vendor shall provide services strictly in accordance with the Probation Form 45 for each defendant/person under supervision. The Judiciary shall not be liable for any services provided by the vendor that have not been authorized for that defendant/person under supervision in the Probation Form 45. The United States Probation or Pretrial Services Officer may provide amended Probation Form 45’s during treatment. The United States Probation/Pretrial Services Office will notify the vendor in writing via Probation Form 45 when services are to be terminated and the Judiciary shall not be liable for any services provided by the vendor subsequent to the written notification.

INTRODUCTION

A. Pursuant to the authority contained in 18 U.S.C. § 3154, and 3672, contracts or Blanket Purchase Agreements may be awarded to provide services for defendants/persons under supervision who are drug-dependent, alcohol-dependent, and/or suffering from a psychiatric disorder. Such services may be provided to federal defendants/persons under supervision supervised by the USPO/USPSO, under the terms of this agreement. The vendor shall submit separate invoices for services provided to the referring agency (USPO or

USPSO).

Note regarding pretrial services defendants: The vendor shall not ask questions pertaining to the instant offense (pending charges), or ask questions or administer tests that compel the defendant to make incriminating statements or provide information that could be used in the issue of guilt or innocence. If such information is divulged as part of an evaluation or treatment, it shall not be included on the written report.

B. The services to be performed are indicated in Sections B and C. The vendor shall comply with all requirements and performance standards of this agreement.

C. The judiciary will refer clients on an “as needed basis” and makes no representation or warranty that it will refer a specific number of clients to the vendor for services.

DEFINITIONS

A. “Offer” means “proposals” in negotiation.

B. “Solicitation” means a request for proposals (RFP) or a request for quotations (RFQ) in negotiation.

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C. “Judiciary” means United States Government.

D. “Director” means the Director of the Administrative Office of the United States Courts (unless in the context of a particular section, the use of “Director” manifestly shows that the term was intended to refer to some other office for purposes of that section), and the term “his/her duly authorized representative” means any person or persons or board (other than the Contracting Officer) authorized in writing to act for the Director.

E. “Authorized representative” means any person, persons, or board (other than the contracting officer and Chief Probation Officer/Chief Pretrial Services Officer) authorized to act for the head of the agency.

F. “Contracting Officer” means the person designated by the Director or his/her duly authorized representative to execute this Agreement on the behalf of the Judiciary, and any other successor Contracting Officer who has responsibility for this agreement. The term includes, except as otherwise provided in this Agreement, the authorized representative of a Contracting Officer acting within the limits of his written authority.

G. “Client” means any pretrial releasee, probationer, parolee, mandatory releasee, mandatory parolee, or supervised releasee receiving drug/alcohol testing and/or substance use assessment/treatment, mental health assessment/evaluation/treatment, and or sex offense specific evaluation/treatment/testing while under the supervision of the Federal Probation or Pretrial Services System. Hereinafter, the term defendant applies to those on pretrial supervision, whereas person under supervision applies to those on post-conviction supervision.

H. “U.S. Probation Officer” (i.e., USPO) means an individual appointed by the United States District Court to provide pretrial, presentence and supervision (pre and post sentence) services for the court. “Probation Officer” refers to the individual responsible for the direct supervision of a client receiving drug/alcohol testing and/or substance use assessment/treatment, mental health assessment/evaluation/treatment and/or sex offense specific evaluation/treatment/testing.

I. “Chief U.S. Probation Officer” (i.e., CUSPO) means the individual appointed by the United States District Court to supervise the work of the court’s probation staff. For the purpose of the contract, the “Chief Probation Officer” acts as the contract administrator on behalf of the Director of the Administrative Office of the United States Courts.

J. “U.S. Pretrial Services Officer” (i.e., USPSO) means the individual appointed by a United States District Court to provide pretrial release investigations, recommendations and supervision services for that court. “Pretrial Services Officer” refers to the individual responsible for the direct supervision of a client

BPA-Solicitation Number: 0979-23-001 Page C- 3 of 29 receiving drug/alcohol testing and/or substance use assessment/treatment, mental health assessment/evaluation/treatment, and/or specialized treatment for pretrial defendants charged with a sex offense.

K. “Chief U.S. Pretrial Services Officer” (i.e., CPSO) means the individual appointed by the court to supervise the work of the court’s pretrial services staff.

For the purpose of the contract, the “Chief Probation Officer” acts as the contract administrator on behalf of the Director of the Administrative Office of the United States Courts.

L. “Designee” means the person selected by the Chief Probation Officer or the Chief Pretrial Services Officer to act in his/her behalf in drug, alcohol, and mental health treatment matters.

M. “Federal Bureau of Prisons” is the federal agency responsible for housing inmates in federal prisons, penitentiaries, correctional institutions and residential re-entry centers who have been sentenced by the federal courts.

N. “Clarifications” are limited exchanges, between the Judiciary and offerors that may occur when award without discussions is contemplated. If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals or to resolve minor or clerical errors.

O. “AOUSC” refers to the Administrative Office of the U.S. Courts.

P. “USPO/USPSO” refers to the U.S. Probation Officer/U.S. Pretrial Services Officer.

Q. “Probation Form 45" is the referring document submitted by the USPO/USPSO per defendant/person under supervision that outlines the services the vendor is authorized to provide.

R. “Monthly Treatment Log” is a document the vendor will use for each defendant/person under supervision to verify services are being offered/provided per Probation Form 45 requirements. The Monthly Treatment Log includes a place for defendant/person under supervision to sign in/out for each service, comments, and information for the USPO/USPSO on the defendant’s/person under supervision’s treatment progress. This document accompanies the monthly invoice.

S. “NIDT” is a Non-Instrumented Drug Testing Device.

T. “COR” means the Contracting Officer Representative.

U. “Case Staffing Conference” is a meeting between the Officer and the provider to discuss the needs and progress of the defendant/person under supervision. The defendant/person under supervision may or may not be present at the conference.

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V. “DSM” is the Diagnostic and Statistical Manual of Mental Disorders.

W. “Co-payment” is any payment from defendant/person under supervision or third-party reimbursement.

X. “PPSO” is the Probation and Pretrial Services Office, Administrative Office of the US Courts.

Y. “PCRA” means the Post-Conviction Risk Assessment, which is an assessment administered by the USPO with the person under supervision used to determine risk level, identify dynamic risk factors (criminogenic needs) and criminal thinking.

MANDATORY REQUIREMENTS

For Project Codes in Section B, the corresponding paragraphs in this statement of work shall be considered mandatory requirements, as well as the sections listed below:

A. Defendant/Person under supervision Reimbursement and Co-payment B. Deliverables C. Notifying USPO/USPSO of Defendant/Person under supervision Behavior D. Staff Requirements and Restrictions E. Facility Requirements F. Local Services (if applicable)

1. Sex Offense-Specific Evaluation and Report (5012)

A sex offense-specific evaluation (also commonly known as a “psychosexual evaluation”) is a comprehensive evaluation of an alleged or convicted sex offender, meant to provide a written clinical evaluation of a defendant’s/person under supervision's risk for re-offending and current amenability for treatment; to guide and direct specific recommendations for the conditions of treatment and supervision of a defendant/person under supervision; to provide information that will help to identify the optimal setting, intensity of intervention, and level of supervision, and; to assess the potential dangerousness of the defendant/person under supervision. This type of evaluation may include one or any combination of the following services: penile plethysmograph (5021), clinical polygraph (5022), psychological evaluation and report (5010), psychological testing (5020), Visual Reaction Time (VRT) Measure of Sexual Interest (5025), and/or any other assessment deemed appropriate by the clinician and approved in advance by the USPO/USPSO.

The vendor shall provide:

a. A sex offense-specific evaluation and report (5012): for the purposes of assessing risk factors and formulating a treatment plan. A sex offense-specific evaluation of a defendant/person under supervision shall be completed within 30

BPA-Solicitation Number: 0979-23-001 Page C- 5 of 29 business days of receiving the referral, any exceptions to the time frame shall be approved by the USPO/USPSO and documented by the vendor (within the defendant/person under supervision file), and shall consider the following: sexual developmental history and evaluation for sexual arousal/interest, deviance and paraphilias, level and extent of pathology, deception and/or denial, presence of mental and/or organic disorders, drug/alcohol use, stability of functioning, self-esteem and ego-strength, medical/neurological/pharmacological needs, level of violence and coercion, motivation and amenability for treatment, escalation of high-risk behaviors, risk of re-offense, treatment and supervision needs, and impact on the victim, when possible.

b. A typed report to the USPO/USPSO within 10 business days after completion of evaluation. The report shall include the following:

(1) Vendor’s/Evaluator’s contact information, reason for referral, and/or procedures/tests administered during evaluation, and sources of information for the report;

(2) Dates of all tests administered and date report was prepared;

(3) Description of all tests administered and results of the testing;

(4) Specific diagnostic impressions and recommendations for treatment. If treatment is not indicated, this should be clearly stated.

If treatment is indicated, all interventions recommended should be detailed (i.e., group therapy, aversion therapy, medications), the level and intensity of offense-specific treatment, treatment of coexisting conditions;

(5) Specific recommendations for community management, the level and intensity of behavioral monitoring needed, the types of external controls which should be considered specifically for defendant/person under supervision (e.g., controls of work environment, leisure time, or transportation; life stresses, or other issues that might increase risk and require increased supervision).

This must include the level of environmental restriction recommended if results allow for such determination;

(6) Referral for medical/pharmacological treatment, if indicated; and

(7) Methods to lessen victim impact (if available).

The vendor shall ensure:

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a. A sex offense-specific evaluation and report (5012) is provided by a licensed/certified psychiatrist, psychologist, or masters or doctoral level practitioner; who meets the standards of practice established by his/her state’s regulatory board and adheres to the established ethics, standards and practices of state regulatory sex offender management boards (where applicable). The individual shall practice within the generally accepted standards of practice of the individual's mental health profession, adhere to the Code of Ethics and Practice Standards and Guidelines published by the Association for the Treatment of Sexual Abusers (ATSA), and demonstrate competency according to the individual’s respective professional standards and conduct all evaluations/treatment in a manner that is consistent with the reasonably accepted standard of practice in the sex offender evaluation/treatment community.

b. The practitioner uses at least one actuarial risk assessment AND at least one stable dynamic risk assessment that has been researched and demonstrated to be statistically significant in the prediction of re-offense

or. Examples of actuarial risk assessment include, but are not limited to:

VRAG, SORAG, HARE PCL-R, RRASOR, STATIC 99, MNSOT-R.

Examples of dynamic risk assessments include, but are not limited to:

Stable 2000/2007, Sex Offender Treatment Intervention Progress Scales (SOTIPS), Structured Risk Assessment - Forensic Version (SRA-FV), Violence Risk Scale-Sexual Offender Version (VRS-SO). For situations in which the person under supervision does not fall under a validated risk assessment (e.g. charge/conviction of Child Sexual Abuse Material Possessor), the practitioner shall complete all content areas of the actuarial and dynamic risk assessments to determine treatment and supervision focus; however, not give a score on the assessment (note: the assessment will only be used to understand targeted areas and not used for risk prediction/recidivism).

c. The practitioner uses instruments with demonstrated reliability and validity that have specific relevance to evaluating persons charged with or convicted of sex offenses.

d. The practitioner reviews and considers at least the following information:

the criminal justice information, including the details of the current offense and documents that describe victim trauma, when available; and collateral information, including information from other sources on the defendant’s/person under supervision's sexual behavior.

e. The evaluator notifies the USPO/USPSO, or follows other notification protocols outlined by the USPO/USPSO, within 24 hours if the

BPA-Solicitation Number: 0979-23-001 Page C- 7 of 29 defendant/person under supervision fails to report for evaluation

2. Sex Offense-Specific Treatment for Post-Conviction

Sex offense-specific treatment is defined as treatment interventions used to help sex offenders accept responsibility, have an increased level of recognition and focus on details of actual sexual behavior, arousal, fantasies, planning and rationalizations of their sexually deviant thoughts and behavior. Sex offense-specific treatment gives priority to the safety of a person under supervision's victim(s) and the safety of potential victims and the community.

a. The vendor shall provide treatment only as ordered on the Probation Form 45, and shall initiate services within 10 business days of receiving the initial or amended Probation Form 45, any time frame exceptions shall be approved by the USPO/USPSO and documented by the vendor (within the defendant/person under supervision file). All the following services may be ordered on the Probation Form 45, individually or in combination b.

(1) Individual Sex Offense-Specific Treatment (6012) to one (1) person under supervision,

(2) Group Sex-Offense Specific Treatment (6022) to two (2) or more persons under supervision but not more than ten (10), The vendor shall ensure that:

a. Sex offense-specific treatment (6012, 6022, 6032, and 6090) is provided by a licensed/certified psychiatrist, psychologist, or masters or doctoral level practitioner; who meets the standards of practice established by his/her state’s regulatory board and adheres to the established ethics, standards and practices of state regulatory of state sex offender management board (where applicable). The individual shall practice within the generally accepted standards of practice of the individual's mental health profession, adhere to the Code of Ethics and Practice Standards and Guidelines published by the Association for the Treatment of Sexual Abusers (ATSA), and demonstrate competency according to the individual’s respective professional standards and conduct all evaluations/treatment in a manner that is consistent with the reasonably accepted standard of practice in the sex offender evaluation/treatment community.

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b. Practitioners employ treatment methods that are supported by current professional research and practice.

c. Practitioners employ treatment methods that are based on a recognition of the need for long-term, comprehensive, offense-specific treatment for sex offenders. Self-help or time limited treatments shall be used only as adjuncts to long-term, comprehensive treatment.

d. The content of offense-specific treatment for sex offenders (6012, 6022, 6032 and 6090) shall be designed to and include:

Primary Treatment Phase:

Identify and treat sex offender’s stable/acute dynamic risk factors, provide effective interventions and discuss and integrate protective factors;

1) Hold person under supervision accountable for their behavior and assist them in maintaining their accountability;

2) Require person under supervision to complete a full sex history disclosure and to disclose all current sex offending behaviors;

3) Reduce person under supervision’ denial and defensiveness;

4) Decrease and/or manage person under supervision’ deviant sexual urges and recurrent deviant fantasies while increasing appropriate sexual thoughts;

5) Educate person under supervision about the potential for re-offending and specific risk factors;

6) Teach person under supervision self-management methods to avoid a sexual re-offense;

7) Identify and treat the person under supervision’ thoughts, emotions, and behaviors that facilitate sexual re-offenses or other victimizing or assaultive behaviors;

8) Identify and treat person under supervision’ cognitive distortions;

9) Educate person under supervision about non-abusive, adaptive, legal, and pro-social sexual functioning satisfying, satisfying life that is incompatible with sexual offending;

10) Educate person under supervision about the impact of sexual offending upon victims, their families, and the community;

11) Provide person under supervision with training in the development of skills needed to achieve sensitivity and empathy with victims;

12) Identify and treat person under supervision’s personality traits and deficits that are related to their potential for re-offending;

13) Identify and treat the effects of trauma and past victimization of person under supervision as factors in their

BPA-Solicitation Number: 0979-23-001 Page C- 9 of 29 potential for re-offending. (It is essential that person under supervision be prevented from assuming a victim stance in order to diminish responsibility for their actions);

14) Identify social deficits and strengthen person under supervision’ social and relationship skills, where applicable;

develop and enhance healthy interpersonal and relationship skills, including communication, perspective, talking and intimacy;

15) Require person under supervision to develop a written plan for preventing a re-offense; the plan should identify antecedent thoughts, feelings, circumstances, and behaviors associated with sexual offenses;

16) Provide treatment or referrals for person under supervision with co-existing treatment needs such as medical, pharmacological, psychiatric needs, substance use, domestic violence issues, or disabilities;

17) Maintain communication with other significant persons in the person under supervision’s support systems to the extent possible to assist in meeting treatment goals;

18) Evaluate existing treatment needs based on developmental or physical disabilities, cultural, language, sexual orientation, and gender identity that may require different treatment arrangements;

19) Identify and treat issues of anger, power, and control; and

20) (For 6032) Educate individuals who are identified as the person under supervision’s support systems about the potential for re-offending and a person under supervision’s specific risk factors, in addition to requiring a person under supervision to disclose critical issues and current risk factors.

Maintenance Treatment Phase:

Maintenance phase treatment is defined as treatment interventions used to help sex offenders adhere to their relapse prevention plan and ensure the person under supervision’s dynamic risks continue to be managed appropriately.

The duration and frequency of contact between the sex offender and the provider, during the Maintenance phase, should be determined based on the risk and needs of the individual. This contact could be as frequent as the individual requires to adhere to their relapse prevention plan (for example; monthly or quarterly sessions).

Sex offenders may require different levels of intervention throughout their terms of supervision. The supervising officer should view sex offense specific treatment on a continuum of services designed to address the acute and stable dynamic risk factors presented by the individual and not as a finite process. If at any time during

BPA-Solicitation Number: 0979-23-001 Page C- 10 of 29 the maintenance phase the person under supervision, the supervising officer or the treatment provider assess that the person under supervision is having difficulty effectively implementing his relapse prevention plan, she/he may be moved back into primary treatment until which time the risks identified have been mitigated.

Maintenance phase of treatment should motivate the person under supervision to avoid high risk behaviors related to increased risk for re- offense. Utilizing skills learned through primary treatment along with their relapse prevention plan to function successfully with a lessened quantity of treatment. In this phase, persons under supervision have successfully addressed the underlying issues in their offending behavior and have developed skills to lead a pro-social, non-offending life.

e. In cooperation with the supervising officer, treatment methods that incorporate the results of the Post-Conviction Risk Assessment (PCRA) and polygraph examinations, including sexual history examinations or maintenance examinations are employed.

f. In collaboration with the supervising officer, the treatment provider should determine if all identified stable dynamic risk factors are mitigated and the goals and objectives of primary treatment have been successfully met. If after review, the supervising officer and the treatment provider are in agreement that the person under supervision has obtained the skills and ability to manage their deviant thoughts, has addressed all identified stable dynamic risk factors or sex offense specific goals and objectives and has a relapse prevention plan in place (sometimes referred to as a STOP plan, relapse prevention plan or Healthy Life Plan), transition from primary treatment to the maintenance phase should be considered.

g. Practitioners notify the USPO, or follow other notification protocols outlined by the USPO/USPSO, within 24 hours if the person under supervision fails to report for treatment, or conduct violating a condition of supervision occurs.

h. Any factors that may increase risk of further sex offenses, or identified third-party risk issues, shall be immediately communicated to the USPO or follow other notification protocols outlined by the USPO/USPSO.

i. Emergency services (after hour phone numbers, and local hotlines) are available for person under supervision when practitioners are not available. Emergency telephone calls, texts, e-mails, etc. are included in the basic unit prices.

j. Only face-to-face contacts with the person under supervision (or family) shall be invoiced, unless otherwise approved by the USPO/USPSO.

The vendor shall provide:

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a. A written comprehensive treatment plan, created at the beginning of programming with the person under supervision, based on the needs and risk identified in current and past assessments/evaluations of the person under supervision. The treatment plan shall:

(1) Provide for the protection of victims and potential victims and not cause the victim(s) to have unsafe and/or unwanted contact with the person under supervision;

(2) Be individualized to meet the person under supervision’s unique needs;

(3) Identify the issues to be addressed, including multi-generational issues if indicated, the planned intervention strategies, and the goals of treatment;

(4) Define the person under supervision’s expectations of treatment, the expectations of his/her family (when possible) and support systems of the treatment process, and address the issue of ongoing victim input (if possible);

(5) Identify short and long-term goals the person under supervision will attempt to achieve that related to the person’s risk factors, needs, and responsivity;

(6) Include measurable objectives which relate to the achievement of corresponding goals and program requirements;

(7) Define the type and frequency of services to be received;

(8) Specific criteria for treatment completion and the anticipated time-frame; and

(9) The practitioner uses at least one actuarial risk assessment AND at least one stable dynamic risk assessment that has been researched and demonstrated to be statistically significant in the prediction of re-offense or. Examples of actuarial risk assessment include, but are not limited to: VRAG, SORAG, HARE PCL-R, RRASOR, STATIC 99, MNSOT-R. Examples of dynamic risk assessments include, but are not limited to: Stable 2000/2007, Sex Offender Treatment Intervention Progress Scales (SOTIPS), Structured Risk Assessment - Forensic Version (SRA-FV), Violence Risk Scale- Sexual Offender Version (VRS-SO). For situations in which the person under supervision does not fall under a validated risk assessment (e.g. charge/conviction of Child Sexual Abuse Material Possessor), the practitioner shall complete all content areas of the actuarial and dynamic risk assessments to determine treatment and supervision focus; however, not give a score on the assessment (note: the assessment will only be used to understand targeted areas and not used for risk prediction/recidivism). This assessment is updated at intervals consistent with the assessment tool and used to

BPA-Solicitation Number: 0979-23-001 Page C- 12 of 29 aid in identifying sex offense specific goals and objectives the person under supervision has completed.

Treatment plans shall be reviewed at least every 90 days, and include the person under supervision’s input, updates to items

(1) - (9) aforementioned, justification for continued need for treatment, and information on family and any significant other involvement (i.e., community support programs, etc.). The treatment plan should be attached to the Monthly Treatment Log and submitted with invoices provided to the USPO/USPSO.

b. If the therapeutic interventions are no longer deemed necessary, a typed discharge summary submitted to the USPO within 15 business days of the date treatment is terminated. This summary shall include reason for discharge and any recommendations for future care. In all cases, the discharge status (i.e., successful discharge, unsuccessful discharge, interruption of treatment, etc.) shall be clearly stated.

3. Physiological Measurements

For identification, treatment, and management of sexual abusers, the vendor shall provide the following services:

a. Visual Reaction Time (VRT) Measure of Sexual Interest (5025) is an objective method for evaluating sexual interest which is designed to determine sex offender treatment needs and risk levels.

For the above services, the vendor shall ensure that:

(1) Penile Plethysmograph or VRT tests shall be conducted only by specifically trained examiners. Examiners shall maintain membership in appropriate professional organizations and participate in regular relevant continuing educational training programs.

(2) Examiners performing the plethysmograph or VRT are to adhere to the established Code of Ethics and Practice Standards and Guidelines of the Association for the Treatment of Sexual Abusers

(ATSA).

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(3) Consent forms specific to the penile plethysmograph/VRT procedure shall be read, signed, and dated by the person under supervision. If the person under supervision refuses to sign the form(s) or submit to testing, the examiner shall contact the USPO/USPSO, or follow other notification protocols outlined by the USPO/USPSO, within 24 hours. In such a case, testing will be discontinued until further instructions are received from the probation officer.

(4) Examiners shall notify the USPO/USPSO within 24 hours, or follow other notification protocols outlined by the USPO/USPSO, if the person under supervision fails to report for testing, or conduct violating a condition of supervision occurs. Any factors that may increase risk of further sex offenses, or identified third-party risk issues, shall be immediately communicated to the USPO/USPSO, or follow other notification protocols outlined by the

USPO/USPSO.

(5) Examiners shall complete the assessment/test within 30 business days of receiving the referral, and shall provide a typed report within 10 business days to the USPO/USPSO outlining findings.

(6) If necessary, examiners shall explain findings in any hearing or case evaluation conference (See additional information under Vendor Testimony).

(7) All plethysmograph and VRT testing material, including the examiner’s decision and the completed plethysmograph and/or VRT documents will be kept for a period of three years after the payment of the last invoice. Copies of all the aforementioned material are to be forwarded to the USPO/USPSO at the expiration of the contract.

4. Specialized Treatment for Pretrial Defendants Charged with a Sex-Offense

Specialized Treatment for Pretrial Defendants charged with a Sex Offense is defined as treatment interventions used to help pre-adjudicated individuals with crisis intervention, support, healthy coping skills, cognitive behavioral treatment and understanding the keys to successful incarceration.

(1) Individual Specialized Treatment (7013) to one (1) defendant and/or their family (Family is billed at individual rate),

(2) Group Specialized Treatment (7023) to two (2) or more defendants but not more than

BPA-Solicitation Number: 0979-23-001 Page C- 14 of 29 ten (10).

The vendor shall ensure that:

a. Specialized Treatment Services (7013 and 7023) are provided by a licensed/certified psychiatrist, psychologist, or masters or doctoral level practitioner who meets the standards of practice established by his/her state’s regulatory board and adheres to the established ethics, standards and practices of the state’s regulatory sex offender management board (where applicable) to provide Sex Offense Specific Treatment. The individual shall practice within the generally accepted standards of practice of the individual's mental health profession, and adhere to the Code of Ethics and Practice Standards and Guidelines published by the Association for the Treatment of Sexual Abusers (ATSA).

b. Practitioners employ treatment methods that are based on a recognition of the specialized needs presented by pre-adjudicated individuals by employing cognitive behavioral treatment, crisis intervention, and life skills to promote healthy coping skills. The content of the treatment shall include:

(1) Crisis Intervention Services to determine level of suicidal ideation and level of anxiety, if immediate psychiatric intervention is needed, if defendant needs to be referred to a psychiatrist for evaluation and/or medication monitoring, and if defendant is in need of individual therapy in addition to group therapy.

(2) Supportive therapeutic interventions to address feelings of isolation, to help normalize their experience of the Federal Court System, and to address daily stressors (i.e., loss of employment, relationships etc.).

(3) Guidance to help the defendant identify healthy/alternative coping and communication skills.

(4) Cognitive Behavioral Therapy to address thinking errors, core beliefs, and values.

c. Questions pertaining to the instant offense or questions that compel the defendant to make incriminating statements or to provide information that could be used in the issue of guilt or innocence are not asked or addressed. If such information is divulged inadvertently by the defendant, it shall not be included on the written report or communicated to the officer.

d. Practitioners notify the USPO/USPSO, or follow other notification protocols

BPA-Solicitation Number: 0979-23-001 Page C- 15 of 29 outlined by the USPO/USPSO, within 24 hours if the defendant fails to report for treatment, or conduct violating a condition of supervision occurs.

e. Any factors that may increase risk of further sex offenses, or identified third-party risk issues, shall be immediately communicated to the USPO/USPSO, or follow other notification protocols outlined by the USPO/USPSO.

f. Emergency services (after hour phone numbers and local hotlines) are available for defendants when practitioners are not available. Emergency telephone calls, texts, e-mails, etc. shall be included in the basic unit prices.

g. Only face-to-face contacts with the defendant shall be invoiced, unless otherwise approved by the USPO/USPSO.

The vendor shall provide:

a. A typed comprehensive treatment plan based on the needs and risks of the defendant. The treatment plan shall: (1) be individualized to meet the defendant’s unique needs; (2) identify the issues to be addressed; (3) include planned intervention strategies; (4) include the goals of treatment; (5) identify type and frequency of services to be received; (6) identify specific criteria for treatment completion and the anticipated time-frame; (7) provide documentation of treatment plan review (including defendant’s input) documenting continued need for treatment at least every 60 days; (8) include information on family and any significant other involvement (i.e., community support programs, etc.); (9) be attached to the invoice provided to the USPO/USPSO after every revision, but at least every 60 days.

b. A typed discharge summary submitted to the USPO/USPSO within 15 business days of the date treatment is terminated. This summary shall include reason for discharge and any recommendations for future care. In all cases, the discharge status (i.e., successful discharge, unsuccessful discharge, interruption of treatment, etc.) shall be clearly stated.

5. Deliverables

a. Defendant/Person under supervision Records and Conferences

(1) File Maintenance

The vendor shall:

(a) Maintain a secure filing system of information on all defendants/persons under supervision to whom the vendor provides services under this

BPA-Solicitation Number: 0979-23-001 Page C- 16 of 29 contract/agreement. If information is maintained electronically, the vendor shall provide access to all files available for review (format shall be specified by the USPO/USPSO, e.g. paper copy, flash drive, electronic access, etc.) immediately upon request of the USPO/USPSO or designee.

(b) If maintaining paper files, segregate defendant/person under supervision files from other vendor records. This will facilitate monitoring and promote defendant/person under supervision confidentiality.

(c) Keep a separate file for each defendant/person under supervision.

(d) Create a separate file when a defendant on pretrial services supervision is sentenced to probation supervision, but continued in treatment with the vendor. The vendor may copy any information relevant from the pretrial services file and transfer it into the probation file, except for information covered under the Pretrial Services Confidentiality Regulations.

(e) Identify any records that disclose the identity of a defendant/person under supervision as CONFIDENTIAL.

(f) Keep all defendant/person under supervision records for three years after the final payment is received for Judiciary inspection and review, except for litigation or settlement of claims arising out of the performance of this agreement, which records shall be maintained until final disposition of such appeals, litigation, or claims. Note: this requirement is not in lieu of the vendor following other local/state/federal record retention requirements.

(g) At the expiration of the performance period of this agreement the vendor shall provide the USPO/USPSO or designee a copy of all defendant/person under supervision records that have not been previously furnished, including copies of chronological notes.

NOTE: The vendor shall comply with the HIPAA privacy rule Security Standards for the Protection of Electronic Protected Health Information set forth at 45 C.F.R.

§ 164.302 to 318 with regard to electronic information.

b. Disclosure

The vendor shall:

(1) Protect CONFIDENTIAL records from disclosure except in accordance with item number b. (2), (3), (4),(5), (6), and (7) below.

BPA-Solicitation Number: 0979-23-001 Page C- 17 of 29

(2) Obtain defendant’s/person under supervision’s authorization to disclose confidential health information to the USPO/USPSO. If the vendor is unable to obtain this disclosure, the vendor shall notify the USPO/USPSO immediately.

(3) Disclose defendant/person under supervision records upon request of the USPO/USPSO or designee to the USPO/USPSO or designee.

(4) Make its staff available to the USPO/USPSO to discuss treatment of a defendant/person under supervision.

(5) Disclose defendant/person under supervision records only in accordance with 42 C.F.R. Part 2, and 45 C.F.R. § 160.201 to 205 and Part 164 (even if the vendor is not otherwise subject to 45 C.F.R. § 16.201 to 205, and Part 164). The vendor shall disclose records only after advising the USPO/USPSO of the request and any exceptions to the disclosure of, or an individual’s right of access to, treatment or protected health information that might apply.

(6) Not disclose “pretrial services information” concerning pretrial services clients. “Pretrial services information,” as defined by the “Pretrial Services Confidentiality Regulations,” is “any information, whether recorded or not, that is obtained or developed by a pretrial services officer (or a probation officer performing pretrial services duties) in the course of performing pretrial services.” Pretrial Services Confidentiality Regulations, §2.A. Generally, any information developed by an officer performing pretrial services that is shared with the vendor will be confidential pretrial services information. Only a judicial officer or a Chief USPO/USPSO may authorize disclosure of pretrial services information to a third party pursuant to the Pretrial Services Confidentiality Regulations. Any doubts about whether a potential disclosure concerns pretrial services information must be resolved by consultation with the USPO/USPSO.

(7) The vendor and its subcontractors are authorized to access criminal history information available in pretrial services or probation records that have been provided by the USPO/USPSO. This information is provided solely for the purpose of providing services under this contract. Any unauthorized re-disclosure of this information may result in termination of this contract and the imposition of civil penalties.

(8) Ensure that all persons having access to or custody of defendant/person under supervision records follow the disclosure and confidentiality requirements of this agreement and federal law.

BPA-Solicitation Number: 0979-23-001 Page C- 18 of 29

(9) Notify the USPO/USPSO immediately upon receipt of legal process requiring disclosure of defendant/person under supervision records.

Note: The Judiciary agrees to provide any necessary consent forms that federal, state or local law requires.

c. File Content

The vendor’s file on each defendant/person under supervision shall contain the following records:

(1) Chronological Notes that:

(a) Record all contacts (e.g., face-to-face, telephone, text, e-mail, etc,) with the defendant/person under supervision including collateral contacts with family members, employers, USPO/USPSO and others. Records shall document all notifications of absences and any apparent conduct violating a condition of supervision occurs.

(b) Are in accordance with the professional standards of the individual disciplines and with the respective state law on health care records.

(c) Include, but are not limited to, sessions attended, topics covered during sessions, defendant’s/person under supervision’s participation, goals of treatment, the methods/methodologies and/or type of therapy used, changes in treatment, the defendant’s/person under supervision’s observed progress, or lack thereof, toward reaching the goals in the treatment records. Specific achievements, failure to attend, failed assignments, rule violations and consequences given should be recorded.

(d) Are current and available for review by the USPO/USPSO or designee and by the Probation and Pretrial Services Office (PPSO) at the Administrative Office.

(e) Chronological notes shall be legible, and be dated and signed by the practitioner.

(2) Probation Form 45 and Amended Probation Form 45 that:

(a) Identifies vendor services to be provided to the defendant/person under supervision and billed to the Judiciary under the terms of agreement, and any co-payments due by the defendant. Note: the Judiciary is not required to reimburse for any services that were not authorized on the

BPA-Solicitation Number: 0979-23-001 Page C- 19 of 29

Probation Form 45, or any services provided in excess of services authorized.

(b) USPO/USPSO prepares prior to, during, or immediately after the case staffing conference. The Probation Form 45 authorizes the vendor to provide services (e.g., intake assessment and report, group counseling, individual counseling) to the defendant/person under supervision.

(c) USPO/USPSO shall amend the Probation Form 45 when changing the services, the vendor shall perform, their frequency, or other administrative changes (e.g., co-payment amounts) and upon termination of services.

(3) Authorization to Release Confidential Information (Probation Forms 11B, 11E, or 11I, and PSA Forms 6B, or 6D) that:

(a) The defendant/person under supervision and USPO/USPSO and/or other witness sign prior to the defendant’s/person under supervision’s first appointment with the treatment provider.

(b) The vendor shall have a signed release of information before releasing any information regarding the defendant/person under supervision or the defendant’s/person under supervision’s treatment and progress to the

USPO/USPSO.

(4) Monthly Treatment Log

(a) Along with the monthly invoice, is submitted for the month for which the vendor is invoicing, with one Monthly Treatment Log per defendant/person under supervision.

(b) Summarizes…