PWS Holding Cells.docx

SECTION 1: PERFORMANCE WORK STATEMENT

PART 1 – GENERAL

1. GENERAL: If there is conflict among any law, regulation, specification, standard, or policy, the most stringent will apply. The following provisions shall apply to the performance of work under this contract:

1.1. SCOPE OF WORK: The Contractor shall provide all facilities, equipment, supplies and personnel to safely and securely confine Military pre-trial and post-trial Soldiers in accordance with the standards of treatment specified in Army Regulation 190-47. The Contractor’s facility must be approved by the Federal Bureau of Prisons or United States Marshals Service, or be accredited by the American Correctional Association (ACA) or New York State and must comply with Department of Justice National Prison Rape Elimination Act standards. In the event of a national emergency this contract shall have the capability to be surged (ie: increased staff/hours) If a surge were to occur a new price would be negotiated during the surge time only.

1.2. Reserved

1.3. CONTRACTOR PERSONNEL: For the purpose of this contract, the term “Contractor personnel” applies to all Contractor employees, sub-Contractor employees, or any other person(s) acting for or on behalf of the Contractor to perform work on this contract.

1.3.1. Reserved

1.3.2. Contractor Employee

1.3.2.1. General Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified. The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the product, record, data, information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.3.2.2. Specialized Qualifications: N/A

1.3.3. Employee Conduct: The Contractor shall not allow any employee to perform work who has illegal possession of, or who is under the influence of alcohol or controlled substances. Government rules, regulations, laws, directives, and requirements, which are in place or issued during the contract term shall be applicable to all Contractor employees or representatives who enter the Installation or who travel using Government transportation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently. Contractor personnel receiving a driving under the influence (DUI) conviction may be prohibited from driving on the installation.

1.3.4. Employee Appearance: Contractor employees shall be appropriately dressed including any necessary individual protective clothing and equipment.

1.3.5. Personnel Constraints/Conflicts of Interest: The Contractor shall not hire for this contract, any person whose employment would result in a conflict of interest, or employment which is prohibited by Department of Defense Regulation 5500.7R entitled "Joint Ethics Regulation (JER)", Dated November 17, 2011.

1.3.6. Personnel Safety: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with all applicable federal, state, and local laws and regulations including, but not limited to environmental, safety, and occupational health laws and regulations.

1.4. Reserved

1.5. Reserved

1.6. Reserved

1.7. Reserved:

1.8. Reserved

1.9 REPORTS:

1.9.1. The Contractor shall complete responses in a timely manner to all requirements for reports and requests for information and data, both one-time and recurring.

1.9.2. Contractor Manpower Reporting: The Contractor is required to provide data on Contractor labor hours (including sub-Contractor labor hours) for performance of this contract IAW the PWS. The contractor is required to completely fill in all required data fields using the following web address:

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

1.10. QUALITY CONTROL PLAN (QCP): The Contractor shall maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires upon request. The Contractor shall submit its QCP to the Contracting Officer no later than five calendar days after the initial request is made. The format of the QCP shall be in Microsoft Word on company letterhead.

PWS PART 2: DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS: The definitions set forth below are those unique to this contract. Definitions for technical terms or words that are included in this contract can be found in the technical documents referenced in the individual functional areas of the PWS. The definitions provided below are oriented to Fort Drum’s PWS. In many cases, definitions are specific by situation. The listing of definitions is not all-inclusive, but it has been derived from official publications (e.g., regulations and technical manuals) when available.

Army Regulations (ARs): Publications issued by Department of the Army (DA) which are directive in nature and contain missions, responsibilities, policies and administrative procedures necessary to insure uniform compliance with those policies.

Business Day: Monday through Friday, except for Government recognized holidays and days the Fort Drum duty day has been cancelled for all but emergency business.

Contracting Officer (KO): An individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer's Representative (COR): An individual from the functional activity appointed by the Contracting Officer and delegated specific authority to monitor contract performance and to perform specific contract administration functions.

Contract Discrepancy Report (CDR): A formal method documenting unsatisfactory Contractor performance (contract deficiencies and defects against the AQL) in the contract file.

Defective Service: A unit of service, which contains one or more defects and does not conform to specified requirements.

Federal Acquisition Regulation (FAR): Provides uniform policies and procedures for acquisitions by executive agencies of the federal Government.

Government Furnished Property: All tangible property of Government furnished to Contractor.

Hazardous Waste: A waste as defined in title 40, CFR, Part 261.3. Special handling procedures and disposal facilities are required for their disposal in compliance with federal, state and local regulations.

Performance Requirements Summary (PRS): The PRS identifies key performance indicators and standards that represent logical service outputs that will be evaluated by the Government to assure the Contractor is fulfilling the terms of the contract.

Performance Standard: A measurable output or result associated with the performance-based description of a requirement found in the PWS.

Performance Threshold: The Performance Threshold is the lowest case quality level (percent) of defective outcomes/service that the Government indicates will be accepted using acceptable sampling techniques and procedures. However the Contractor is still expected to meet the performance standard outlined utilizing the re-work process at no additional cost to the Government.

Quality Control: Those actions taken by the Contractor to control the in-process performance of goods or services to ensure that contract quality standards are met.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance.

2.2. ACRONYMS: For the purpose of the resultant contract, the acronyms listed below shall apply:

PWS PART 3: GOVERNMENT FURNISHED RESOURCES

3.1. GENERAL: This section describes those items that will be furnished by the Government to the Contractor for performance of the requirements of this contract. The Contractor shall not make use of any property or services described in this section for any purpose other than performing the requirements of this contract. Contractor personnel are responsible for safeguarding GFP, equipment, and facilities. The Contractor shall be required to reimburse the Government for lost, damaged, or misappropriated property for which Contractor personnel are responsible.

3.2. GOVERNMENT FURNISHED SERVICES:

3.2.1. Confinement Order: The Government will furnish the Contractor a copy of the confinement order stating the military prisoner’s status as a pre-trial or post-trial prisoner. The confinement order will accompany the prisoner to Contractor’s facility and be presented by the Government representative transporting the prisoner.

3.2.2 Transportation and Escort.

3.2.2.1. Legal Proceedings and/or Consultation. When a military prisoner’s Trial Defense Services (TDS) Counsel, Civilian Legal Counsel or the Military Judge requires the prisoner to be at Fort Drum, the prisoner’s unit will provide all transportation and escort to support the movement of the prisoner. The prisoner’s unit will be available 24 hours per day to furnish all transportation and escort requirements. Coordination for movement will be made by the Fort Drum Law Enforcement Division. The Contractor shall transfer responsibility for the prisoner to the senior escort.

3.2.2.2. Medical Treatment. When a military prisoner requires hospitalization or is otherwise admitted to the care of a medical or dental treatment facility for a period of time, the prisoner’s unit will furnish a guard. The guard shall accompany the prisoner 24 hours per day. Unless transported by emergency service providers to the hospital or treatment facility, the prisoner’s unit will provide transportation and escort to move the prisoner. The Contractor shall transfer responsibility for the prisoner to the senior escort. When transported by emergency service providers, the Contractor shall provide an escort for the military prisoner consistent with its procedures for emergency medical transport of Civilian prisoners.

3.2.3. Inspection. The Government may conduct announced and unannounced inspections of the Contractor’s facility at any time. The Contractor shall make the facility available to the Government for inspection by the Contracting Officer or Contracting Officer’s Representative upon presentation and request at the facility. Inspections shall address the general condition of the facility, i.e. cleanliness, prisoner condition, meal preparation, etc. Inspection shall be performed in accordance with standards set forth in Army Regulation 190-47 and by the Department of Justice. Deficiencies noted during an inspection shall be remedied in accordance with the inspection services clause contained in the contract.

3.3. GOVERNMENT FURNISHED SUPPLIES: None

3.4. GOVERNMENT FURNISHED PROPERTY: None

3.5. GOVERNMENT FURNISHED FACILITIES: None

PWS PART 4: CONTRACTOR-FURNISHED ITEMS AND SERVICES

4.1. GENERAL: With the exception of items specifically identified as Government furnished in Part 3, the Contractor shall furnish all supplies, equipment, supervision, materials and services necessary to perform the requirements of this contract.

4.2. Reserved

4.3. CONTRACTOR OWNED PROPERTY:

4.3.1. Condition of Property: All Contractor property shall be in an operable condition and meet all applicable Federal, State, Local, and Installation requirements for its operation. Equipment shall also have complete and intact design and safety features as if they were new excluding the appearance of fair wear and tear on the equipment.

PWS PART 5: SPECIFIC TASKS

5.1. GENERAL: The Contractor shall provide all facilities, equipment, supplies and personnel to safely and securely confine Military pre-trial and post-trial Soldiers in accordance with the standards of treatment specified in Army Regulation 190-47. The Contractor’s facility must be approved by the Federal Bureau of Prisons or United States Marshals Service, or be accredited by the American Correctional Association (ACA) or New York State and must comply with Department of Justice, National Prison Rape Elimination Act standards.

5.2. SEPARATION OF MILITARY PRISONERS. The Contractor shall exhaust all measure to best of their ability to not integrate pre-trial and post-trial detainees/prisoners in the same cell or during roll calls, muster, dining periods or exercise/recreational periods. Male and female Soldiers will not be integrated; nor will Military prisoners of different rank (officer, noncommissioned officer, and enlisted). Prohibitions regarding integration apply equally to officer and enlisted ranks. Military members shall not be housed in immediate association with foreign nationals. The Contractor shall not house military detainees in immediate association with Civilian prisoners.

5.3. WORK ASSIGNMENTS: 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.

5.4. VISITATION: The Contractor shall verify the identity of all visitors and permit visitation by the following individuals in accordance with the schedule listed below:

5.4.1 Provost Marshal (Director of Emergency Services) or Authorized Representative: 24 hours a day, seven days a week.

5.4.2. Chaplain: 8:00 a.m. to 8:00 p.m., seven days a week with one hour notice to the Contractor.

5.4.3. Prisoner’s Legal Counsel (Private Attorney or Army Trial Defense Service (TDS) Attorney): 8:00 a.m. to 6:00 p.m., seven days a week, with one business day notice to Contractor. The Contractor shall provide private meeting space within the confinement facility for confidential face-to-face meetings between prisoners and their legal counsel.

5.4.4. Prisoner’s Commander or Authorized Representative: 6:00 a.m. to 6:00 p.m., seven days a week, with one business day notice to Contractor.

5.4.5. Military Prisoner’s Immediate Family Members: Contractor’s regularly scheduled visitation days and times for the facility’s general population.

5.5. TELEPHONE ACCESS: The Contractor shall permit prisoners to receive telephone calls from their counsel between the hours of 9:00 a.m. to 6:00 p.m., seven days a week. If the prisoner is not physically available to talk to counsel when counsel calls, the Contractor shall make the prisoner available to return the call at the earliest opportunity, provide counsel an estimated time when a return call can be expected, and provide the prisoner a direct dial telephone to return counsel’s calls within the hours stated above. The Contractor shall permit prisoner-initiated telephone calls to their counsel from 9:00 a.m. to 6:00 p.m. daily, except holidays. The prisoner must make a request to the Contractor for telephone access consistent with the Contractor's policy and procedures for Civilian prisoner telephone access. The Contractor shall provide space within the confinement facility for telephone calls that will ensure confidential communication between the prisoner and his/her counsel.

5.6. PRISONER DOCUMENTATION: In the event that documentation pertaining to a released or transferred prisoner is received at a date after the prisoner has been released or transferred, the Contractor shall be responsible for forwarding the documentation to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within three (3) days of receipt of notification.

5.7. PRISONER PROPERTY: In the event that property belonging to a released or transferred prisoner is left at Contractor’s facility (regardless of reason), the Contractor shall be responsible for forwarding all prisoner property to the gaining facility, unit, or the prisoner’s forwarding address. This action shall be completed within three (3) days of receipt of notification.

5.8. COMMUNICATION WITH GOVERNMENT:

5.8.1. Daily: The Contractor shall communicate with the Government on a daily basis; communication may be in person, by e-mail or by telephone. The Contractor shall provide information regarding prisoner discipline and behavior, non-emergency medical/dental issues, and contract performance issues. The Contractor and Government will coordinate and confirm the name, rank, and number of military prisoners confined, the number of pre-trial and post-trial prisoners, and the number of male and female prisoners.

5.8.2. Monthly. The Contractor shall provide the Government the monthly statistics concerning the number of military prisoners housed during the previous month. Each monthly report shall include name, rank, prisoner’s unit, and number of days housed. These statistics shall be provided by the 5th working day of each month to the Fort Drum Law Enforcement Division.

5.8.3. Notification. The Contractor shall immediately notify the Fort Drum Law Enforcement Division at 315-772-0911 and 315-772-1095, when there is an incident involving a military prisoner regarding a medical emergency, assault (physical or sexual), or other matter not covered elsewhere in this contract.

5.9. MEALS, HEALTH AND COMFORT ITEMS: The Contractor shall provide each detainee/prisoner three meals per day consistent with the standards the facility is required to meet in feeding its Civilian prisoners. The Contractor shall provide military prisoners three (3) meals per day, two (2) of which shall be hot. All meals shall be prepared in a manner consistent with the standards the facility is required to meet in feeding Civilian prisoners. The Contractor shall furnish all health and comfort items consistent with the standards used to provide such items to Civilian prisoners.

5.10 MAIL SERVICE: The Contractor shall furnish mail services for military prisoners consistent with the standard of service provided to Civilian prisoners. The Contractor shall provide a copy of its mail procedures to the Government within thirty (30) days of the start date of this agreement.

5.11 EMERGENCY MEDICAL CARE: In the event of a medical emergency (serious illness or injury requiring immediate emergency medical care in a hospital or emergency treatment facility) the Contractor shall call 911 to obtain emergency medical services/transport. The Contractor shall provide an escort for the military prisoner to the emergency facility (at no additional cost to the Government) consistent with its procedures for emergency medical transport of Civilian prisoners. Costs for emergency medical services/transport and subsequent medical care will be the responsibility of the Government and/or military prisoner consistent with existing TRICARE coverage. If the prisoner requires hospitalization or is otherwise admitted to the care of a medical facility for a period of time, the prisoner’s unit will furnish a guard. The guard shall accompany the prisoner 24 hours per day.

5.12 NON-EMERGENCY MEDICAL CARE: Within 24 hours of arrival the Contractor shall inform the detainee/prisoner of the facilities sick call, medication call, and dental care procedures. Contractor shall also provide a no cost medical screening upon incarceration consistent with the facilities policy. Contractor shall be responsible for cost associated with basic supplies such as band aids, ointments, over the counter medicines, and costs associated with basic sick call care. All other costs for this care will be the responsibility of the Government and/or military prisoner consistent with existing TRICARE coverage.

5.13 COMPLIANCE: The Contractor shall comply with all applicable New York State and/or federal laws, rules, and regulations regarding confinement facility, labor, and safety standards and requirements.

5.14 MEDIA RESTRICTION: Detainee/Prisoner communication with the media is restricted. Face to face and telephonic communication 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 OPMG, ACC/Office of Public Affairs (OCPA).

5.15 PHOTOGRAPHS: Any pictures taken of a detainee/prisoner will only be used for official law enforcement purposes (in case of escape) and will not be published in print or on the internet.

5.16 DETAINEE/PRISONER GRIEVANCES: The Contractor shall brief all detainees/prisoners on the Contractor’s grievance process with 24 hours of arrival. The Contractor shall notify the Government of all grievances filed by a detainee/prisoner within 24 hours. Upon award of this contract, the Contractor shall provide the Government a written copy of their grievance process within 10 working days.

PWS PART 6: APPLICABLE PUBLICATIONS

6.1. GENERAL: The following regulations/documents are applicable to this contract. The documents are Mandatory and shall be complied with. Supplements or amendments to these mandatory publications may be issued during the life of the contract. Supplements and amendments to mandatory publications shall be considered to be in full force and effective immediately upon publication. The publications identified as Advisory are for the Contractors awareness. They are not mandatory; however, it is highly recommended that the Contractor review all publications and forms. Publications and Forms are coded as Advisory (A) or Mandatory (M).

AR 190-47

FORMS

End of Performance Work Statement

SECTION 2: INSPECTION AND ACCEPTANCE

1. INSPECTIONS: Government inspections are for the sole benefit of the Government and do not relieve the Contractor of his responsibility for providing adequate quality control measures. The Government will perform quality assurance (QA) of the Contractor's performance under this contract using various methods of surveillance. The COR may compare results of inspections performed by the Contractor’s inspectors with the actual conditions observed during Government inspections. The Government reserves the right to conduct 100% inspections.

2. ACCEPTANCE: The Government will accept all work when the Contractor performs and completes the work within the standards described in the PWS.

3. NON-CONFORMANCE: Failure by the Contractor to perform the work in accordance with the Performance Work Statement shall be considered a non-conformance, shall constitute a contract deficiency, and may be grounds for contract deduction in accordance with the Performance Requirements Summary (PRS).

4. GOVERNMENT'S RIGHTS: The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in these documents. Specifically, the Government reserves its rights under the Terms and Conditions clause; reference FAR Clause 52.212-4. Any deductions shall reflect the reduced value of services performed under the contract. The Contractor shall not be relieved of full performance of the services hereunder. The Government may modify the type and frequency of inspection of items.

SECTION 3: DELIVERIES OR PERFORMANCE

1. PERFORMANCE: Actual performance shall only begin after a Task Order has been issued.

2. FEDERAL HOLIDAYS: Beyond the observance of Federal Holidays or uniquely occurring national events, the Contractor may observe other dates of public or religious significance; however, the occurrence and observation of such shall not relieve the Contractor from full performance of any contract requirement or specified delivery dates. Federal Holidays are as follows:

3. TASK ORDERS: Reference FAR Clauses 52.216-18, Ordering, and 52.216-19, Order Limitations. The Government will issue task orders that indicate estimated quantities of each type of work to be performed during a stated period of time. Task orders may be issued on either a monthly, quarterly, or yearly basis. One or more task orders may be issued during the ordering period.

SECTION 4: SPECIAL CONTRACT REQUIREMENTS

1. PERFORMANCE REQUIREMENTS SUMMARY (PRS): The following Performance Requirements Summary (PRS) indicates the desired outcomes, performance objectives, performance standards, and Acceptable Quality Levels (AQLs). Refer to the Performance Work Statement for the actual descriptions.