05-SOWRRCJULY2006.pdf

There is one change to the SOW, highlighted in bold letter and underlined. It occurs in chapter 2, page 11, requesting that the contractor have two staff versus one dedicated to the supervision of federal offenders.

STATEMENT OF WORK

(SOW)

RESIDENTIAL REENTRY CENTER

(RRC)

August 2000

As Revised by CCB:

Revision 1 - December 2000 Revision 2 - August 2001

Revision 3 - November 2001 Revision 4 - May 2002 Revision 5 - October 2003 Revision 6 - May 2004 Revision 7 - May 2005 Revision 8 - December 2005 Revision 9 - June 2006 Revision 10 - July 2006

* Locally modified by the Miami CCM on October 2006

Table of Contents, Page ii

Table of Content, Page ii

TABLE OF CONTENTS

INTRODUCTION

CHAPTER 1

Administration and Organization

CHAPTER 2

Personnel

CHAPTER 3

Facility

CHAPTER 4

Life/Safety

CHAPTER 5

Sanitation & Environment

CHAPTER 6

Electrical Safety

CHAPTER 7

Hazardous Materials

CHAPTER 8

Pest Control & Waste Management

CHAPTER 9

Referral and Intake Processing

CHAPTER 10

Programs

CHAPTER 11

Discipline

CHAPTER 12

Administrative Remedy

CHAPTER 13

Food & Medical Services

CHAPTER 14

Records and Reports

CHAPTER 15

Release Preparation

CHAPTER 16

Escape Procedures

CHAPTER 17

Serious Illness, Injury, or Death

CHAPTER 18

USPO Cases

CHAPTER 19

Research and Evaluation

CHAPTER 20

BOP Inspections

CHAPTER 21

Cost Reimbursements

CHAPTER 22

Sexual Abuse Intervention

Table of Contents, Page iii

Table of Content, Page iii

List of Attachments

REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION Attachment A

INITIAL INTAKE FORM . . . . . . . . . . . . . . . . Attachment B

CASE NOTES . . . . . . . . . . . . . . . . . . . . Attachment C

URINALYSIS PROCEDURES . . . . . . . . . . . . . . . Attachment D

PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE . . Attachment E

EXPLANATION OF TERMS . . . . . . . . . . . . . . . Attachment F

Table of Contents, Page iv

Table of Content, Page iv

LIST OF BOP FORMS

(provided by CCM)

NAME OF FORM Chapter Reference

ADMINISTRATIVE REMEDY FORMS

APPLICATION FOR VOLUNTEER SERVICE

AUTHORIZATION TO OPERATE A MOTOR VEHICLE

CENTER DISCIPLINE COMMITTEE (CDC) REPORT (RRC’S)

COMMUNITY BASED PROGRAM AGREEMENT

CONDITIONS OF HOME CONFINEMENT

DUTIES OF STAFF REPRESENTATIVES (RRC’S)

FURLOUGH APPLICATION - APPROVAL AND RECORD

FURLOUGH QUESTIONNAIRE - OUT OF SENTENCING DISTRICT

HOME CONFINEMENT AND COMMUNITY CONTROL AGREEMENT

INCIDENT REPORT (RRC'S)

INMATE RIGHTS AT CENTER DISCIPLINE COMMITTEE HEARING

NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (RRC'S)

PASS REQUEST AND APPROVAL

QUESTIONNAIRE - SENTENCING DISTRICT

URINE SAMPLING PROGRAM (RRC'S)

WAIVER OF APPEARANCE (RRC’S)

Table of Contents, Page v

Table of Content, Page v

LIST OF BOP PROGRAM STATEMENTS

(Referenced in the Statement of Work)

Program Statement Referenced Chapter

PS 1330.13 Administrative Remedy Program

PS 1351.05 Release of Information

PS 1480.05 News Media Contacts

PS 3735.04 Drug Free Workplace

PS 5380.06 Cost of Incarceration Fee (COIF)

PS 5800.13 Inmate Systems Management Manual

PS 6060.08 Urine Surveillance and Testing Program

PS 6590.07 Alcohol Surveillance and Testing Program

PS 7310.04 COMMUNITY CORRECTIONS CENTER (CCC)

Utilization and Transfer Procedure

PS 7320.01 Home Confinement

PS 7570.02 Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities

Program Statements may be found on the Bureau of Prisons Internet Home Page, http://www.bop.gov/.

The policy statements numbers listed above were current at the time of this SOW revision, however, it is the Bureau’s expectation that the contractor maintain and implement subsequent policy updates as they occur. This will require the contractor to routinely review policy statements to ensure they are utilizing the most current version.

http://www.bop.gov/.

Table of Contents, Page vi

Table of Content, Page vi

CONTRACTOR REQUIRED TRAINING

(Referenced in the Statement of Work)

Training Chapter Referenced

Staff annually review (with documentation) Contractor’s Operations Manual 1

20 hours of staff Annual Training with required topics 2

New staff orientation during the first week of employment with required topics 2

A minimum of one Key Staff will attend BOP Regional training as offered 2

Staff acknowledge receipt and understanding of Contractor’s Employee Standards of Conduct 2

The contractor shall develop and implement a comprehensive staff training program addressing the facility’s sexual abuse/assault/misconduct prevention and intervention program. 2

The contractor shall provide a brief orientation program for all volunteers and provide specific written guidance in the format of a “Volunteer Manual”. 2

The contractor shall train all staff in emergency procedures within one week of their initial employment. In addition, the contractor shall include emergency training in annual refresher training. 4

The contractor shall train all staff in the proper handling and use of all hazardous, toxic, caustic, and flammable materials within two weeks of their initial employment or whenever a new hazard is introduced into their work area and annually thereafter. 7

The contractor shall train staff on the proper techniques for offender pat, room, vehicle, and common area searches. This training shall be conducted within the first week of employment and annually thereafter.

Table of Contents, Page vii

Table of Content, Page vii

STAFF TRAINING REQUIREMENTS CONTINUED

Training Chapter Referenced

The rules of conduct and sanctions for resident discipline infractions shall be defined in writing and communicated to all staff. 11

Staff must be familiar with the Administrative Remedy Program Statement. 12

Introduction, Page 1

Introduction, Page 1

INTRODUCTION

The Bureau of Prisons (BOP) provides community-based residential and nonresidential correctional services through contractual agreements with state, county and city governments and private corrections contractors. These contractors provide services which include employment and residence development and other self-improvement opportunities to assist federal offenders in becoming law-abiding citizens.

1. OBJECTIVE. The objective is to establish a RESIDENTIAL REENTRY CENTER (RRC) that provides comprehensive community-based services for offenders, i.e., offenders who are in the custody of the BOP, United States Attorney General, or under the supervision of the United States Probation Office (USPO).

2. STATEMENT OF WORK (SOW). The SOW sets forth the contract performance requirements for the management and operation of a RRC for federal offenders. The contractor shall ensure that the RRC operates in a manner consistent with the mission of the BOP.

The mission is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost efficient and appropriately secure, that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

3. PLACEMENT OF OFFENDERS. Only the Community Corrections Manager (CCM) can approve a federal offender's placement at a

RRC.

4. CONTRACTOR'S RESPONSIBILITY. The contractor shall furnish all personnel, management, equipment, supplies and services necessary for performance of all aspects of the contract. Unless explicitly stated otherwise, the contractor is responsible for all costs associated with and incurred as part of providing the services outlined in this contract.

5. BOP'S PHILOSOPHICAL BASE. The BOP can successfully carry out its mission because its operations are firmly grounded in a set of common values and functional goals. A clear vision of the BOP's organizational and individualized responsibilities exist among employees. The BOP, as an organization, has a "culture" — a set of values and shared attitudes that guide staff's actions.

These values are a source of pride and professionalism to all employees, as they see them reflected in safe, humane and cost effective operations, and in the fair treatment of offenders.

The following values are important for contract employees to understand, because they describe some of the major portions of the BOP's culture.

Introduction, Page 2

Introduction, Page 2

! Sound Correctional Management — The BOP maintains effective security and control of its offenders in RRC facilities utilizing the least restrictive means necessary. This approach is the essential foundation of all sound correctional management programs.

! Correctional Workers First — All BOP employees share with contract employees a common role as correctional workers and a mutual responsibility for maintaining safe and secure facilities and for modeling society's mainstream values and norms to offenders.

! Promotes Integrity — The BOP firmly adheres to a set of values that promotes honesty, integrity, and professionalism in order to ensure public confidence in its programs. These values also include the agency's prudent use of its allocated resources.

! Recognizes the Dignity of All — Recognizing the inherent dignity of all human beings and their potential for change, the BOP treats offenders fairly, is responsive to their needs, and affords them opportunities for self-improvement to facilitate successful re-entry into the community. The BOP recognizes that offenders are incarcerated as punishment, not for punishment.

! Community Relations — The BOP recognizes and facilitates the integral role of the community in accomplishing the BOP's mission. The BOP also works cooperatively with other law enforcement agencies, the Courts, and other components of the Government. BOP staff visit regularly with RRC contract employees to exchange information on areas of mutual concern.

RRCs have proven to be invaluable in maintaining a productive link between the institution and the community in which it is located.

! High Standards — The BOP requires high standards of staff integrity, safety, security, sanitation, and discipline, which promotes a physically and emotionally sound environment for both staff and offenders.

! One of the most important things a contract employee can do

— for offenders and for society — is to motivate offenders to take advantage of self-improvement opportunities while confined.

Contract employees also have an important responsibility to provide a model of mainstream values and standards to offenders in their daily lives and their work in the community. These elements — helping and motivating — call for a caring attitude toward offenders, one that sensibly meshes with the BOP's responsibility to protect society with the joint role the BOP has with the community and offender during the reentry process.

Introduction, Page 3

Introduction, Page 3

Contract employees need to be firm but fair, humane but careful, in their interactions with offenders. It is possible to maintain security without compromising humane offender care.

Corrections is an important part of the rehabilitative process — offering the programs and services that can help offenders when they return to the community. Offenders should be provided information on these programs, presented in a way that encourages and motivates them to participate.

The RRC has an obligation to provide offenders with an opportunity to acquire the "tools" for self-improvement and law-abiding behavior upon release. Offenders must participate in maintaining family and community ties, through correspondence, visitation and planning for eventual release through participation in pre-release classes and other programs. They have the obligation to honor their debts and begin payment while confined. Each offender is personally responsible for taking advantage of available RRC programs.

These are important guiding principles for contract employees.

They provide direction for decisions that carry out the BOP's mission. They also are the foundation of many expectations that the BOP will place on contract employees throughout performance of the contract.

6. CONTRACT PERFORMANCE. All services and programs shall comply with the SOW; the U.S. Constitution; all applicable federal, state and local laws and regulations; applicable Presidential Executive Orders (E.O.); all applicable case law; and Court Orders. Should a conflict exist between any of the aforementioned standards, the most stringent shall apply. When a conflict exists and a conclusion cannot be made as to which standard is more stringent, the BOP shall determine the appropriate standard. The contractor shall comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) regulation, Congressional mandate, Federal law or E.O.

Should the BOP invoke such changes, the contractor retains rights and remedies to equitable adjustment under the terms and conditions of the contract.

BOP reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract.

BOP reserves the right to have various staff monitor contract performance. The BOP reserves the right to conduct announced and unannounced inspections of any part of the facility at any time

Introduction, Page 4

Introduction, Page 4 and by any method to assess contract compliance. The BOP may investigate any incident pertaining to the performance of this contract. The contractor shall comply and cooperate with the BOP on all investigations, monitoring visits, inspections and inquiries.

The contractor shall report all criminal activity related to the performance of this contract to the appropriate law enforcement investigative agency, e.g., Federal Bureau of Investigation, United States Marshals Service, state and local authorities, and immediately notify the CCM of the report. The contractor shall immediately report to the CCM any person or agency requesting to use an offender in any investigation.

The contractor shall submit any request for contract changes through the CCM to the Contracting Officer (CO) for approval.

Should electronic media, e.g., the Internet, be used by the contractor, the contractor shall manage the information in accordance with Federal law, regulations and policies of the U.S.

Department of Justice and BOP. Offenders may have supervised access to the Internet while in the facility.

The BOP Internet web page (http://www.bop.gov/) is available to the contractor as a resource for information.

7. SCOPE OF WORK. The contractor shall comply with all requirements in this SOW and other reference documents as indicated. The technical proposal is incorporated into the contract unless otherwise stated in the contract or defined by the CCM.

The contractor has affirmative responsibility to ensure proper management and oversight of their program. Absentee ownership shall not mitigate program integrity, responsiveness or responsibility.

The contractor shall protect, defend, indemnify, save and hold harmless the United States Government, the BOP and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgements and liability arising out of, or in connection with, any negligent acts or omissions of the contractor, its agents, subcontractors, employees, assignees or any one for whom the contractor may be responsible.

The contractor shall also be liable for any and all costs, expenses and attorneys fees incurred as a result of any such claim, demand, cause of action, judgement or liability, including those costs, expenses and attorneys fees incurred by the United States Government, the BOP and its employees or agents. The

Introduction, Page 5

Introduction, Page 5 contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

In awarding the contract, the Government does not assume any liability to third parties, nor will the Government reimburse the contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract.

The contractor shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO shall be notified in writing of all litigation pertaining to this contract and provided copies of any pleadings filed or said litigation within five working days of the filing. The contractor shall provide the CCM copies of all documents. The contractor shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or contractor litigation.

The contractor shall develop operational policies and procedures that follow the requirements contained in this SOW and to generally accepted correctional practice as defined by the COTR.

Except as otherwise provided for in this SOW, all federal offenders shall receive the same treatment and services.

Chapter 1, Page 6

RRC SOW, Page 6

CHAPTER 1 - Administration and Organization

The contractor shall maintain a current written operations manual that is available to all staff. It shall describe the purpose, philosophy, programs, services, policies and procedures of the facility, and be updated on an as-needed basis. The operations manual shall address each chapter of the SOW. Staff shall have a general understanding of the operations manual. The operations manual shall contain all certifying tests, zoning and "permit to use" documents for the facility. The contractor must operate in accordance with the manual. The operations manual shall not circumvent the SOW requirements. The operations manual is a separate manual from the technical proposal. Staff shall at least annually review the operations manual which the contractor shall document. The operations manual shall be available for review by the BOP during inspections of the facility.

The contractor shall report, through the CCM, to the CO any deviation from the requirements of this SOW. The CCM will interpret the requirements of this SOW.

The contractor shall develop a written mission statement, long-range goals, and objectives, which shall be available for review by the BOP during inspection of the facility.

1. AMERICAN CORRECTIONAL ASSOCIATION (ACA). The BOP encourages the contractor to acquire certification in accordance with the most current edition(s) of the ACA Standards for Adult Community Residential Services.

If the facility is not ACA accredited, the contractor shall use the most recent edition(s) of the ACA Standards for Adult Community Residential Services as a guide in developing the operations manual.

The contractor shall advise the CCM in writing of their intent to seek ACA accreditation.

2. PERFORMANCE. The contractor shall maintain a current contingency plan to ensure continuity of service should unforseen circumstances occur, such as employee work actions or strikes, natural disasters, or terrorist activities, etc. The plan must be available to the BOP for inspection upon request.

The contractor shall provide at least 75 percent of the contract requirements by using employees compensated directly by the contractor. This means the contractor cannot subcontract more than 25 percent of the contract requirements. The intent is to create a uniform composition of services under the control and supervision of the facility director. The contractor shall

Chapter 1, Page 7

RRC SOW, Page 7 submit all proposed subcontracts to the BOP for approval when the contractor intends to seek the services of a subcontractor, e.g., food service or facility maintenance.

The contractor shall under no circumstances allow an offender to be in a position of control or authority over another offender, contract or subcontractor employee.

The contractor shall not use or allow offenders to be used for medical, pharmaceutical, or cosmetic experiments.

3. INFORMATION. The contractor shall comply with the requirements of the Freedom of Information Act 5 U.S.C. §552, Privacy Act, 5 U.S.C. §552a. and 28 CFR part 16, Production or Disclosure of Material or Information and Bureau Program Statement, Release of Information. The contractor shall seek the CCM's approval before releasing BOP records in response to a request for information. All documents produced as a result of this contract shall become the property of the BOP.

The contractor shall have written policy and procedures for staff managing information.

a. Government Contacts. The contractor shall post and display in a conspicuous location a listing of the names, addresses, and telephone numbers of the responsible Community Corrections Regional Administrator (CCRA), Management Center Administrator (MCA), Transitional Drug Abuse Treatment Coordinator (TDAT-C), CCM, Regional Director, and Chief USPO.

b. Congress. The contractor shall immediately notify the CCM when a request, e.g., information or tour of the facility, is made by a member of the United States Congress to the contractor.

c. News Media. The contractor shall notify the CCM when a request or contact is made by any media representative, i.e., a person whose principal employment is to gather or report news for a newspaper, magazine, national or international news service, or radio or television news program. These requests or contacts may include, but are not limited to, interviews, visits or impromptu questions with staff or offenders. Contractors may reference the Bureau Program Statement, News Media Contacts.

The contractor shall coordinate all public information issues with the CCM and clear, in advance, all press statements and releases.

The contractor shall ensure employees agree to use appropriate disclaimers clearly stating that the employees' opinions do not necessarily reflect the position of the BOP or DOJ in any public

Chapter 1, Page 8

RRC SOW, Page 8 presentations they make or articles they may write that relate to any aspect of the contractor's performance in this contract.

d. Documentation. The contractor shall document that all requirements of this SOW are being met. The contractor has the affirmative responsibility to prove the requirements are being met.

The contractor shall maintain documentation showing their standing as a legal entity, or part of a legal entity, and shall maintain documentation indicating legal measures have been taken to provide continuity of service in case of incapacitation, retirement, or death of the contractor.

The contractor shall maintain documentation of their tax exempt status, if applicable.

The contractor shall have valid liability and property insurance for the facility and equipment, with documentation available for review.

e. Meetings. The facility director shall conduct staff meetings at least monthly to foster communication, establish policy, discuss problems, ensure compliance with SOW requirements, and accomplish program objectives. The contractor shall distribute new or revised policy and procedure to staff, volunteers, and if appropriate, offenders. The contractor shall document these meetings with written minutes. This documentation shall be made available to the BOP for inspection upon request.

f. Equipment. The contractor shall have a working fax and telephone capabilities for staff use only. Additionally, the contractor will have a secure computer with Internet and software capabilities for communicating with the CCM office.

g. Translation. The contractor shall provide for the translation of facility rules, emergency diagrams, and other related documents into a foreign language as required by the composition of the offender population.

4. Community Outreach. The contractor shall have written policy and procedures (to include documenting their efforts) for a public information program which offers ongoing, positive communication between the facility and the local community, elected officials, law enforcement and citizens.

In addition to community outreach, the contractor will establish a Community Relations Advisory Board (CRAB) that shall meet at least quarterly each calendar year.

Chapter 1, Page 9

RRC SOW, Page 9

CRAB is a means of mutual communication and support between the RRC and its local communities. While such CRAB have no formal advisory function to the RRC, its purpose is to serve as a two-way communication link between RRC and community leadership, and to advance public education, understanding, and advocacy for issues concerning RRC.

CRAB’s benefit the RRC and the community by:

! increasing public awareness of and education about the mission of the RRC and the BOP, ! determining the availability of community services for the

RRC,

! coordinating RRC operations with local law enforcement activities, ! assessing the impact of the RRC on the community, and ! increasing the CSC's involvement in community affairs and services.

The contractor shall develop bylaws that contain a clear statement of the CRAB's objectives, define (and limit) the CRAB's role in the internal affairs of the facility, provide a structure for CRAB operations, define who may be a member, explain how members are selected, and set term lengths for each officer.

CRAB members may work closely with local law enforcement, government, business, civic, education and training, health care, pre-release, and religious agencies and organizations.

Initially, the facility director may select CRAB members. The facility director shall base his or her assessment of the individual's potential to develop opportunities for mutual assistance and support. The subsequent selection process shall be addressed in the CRAB's bylaws.

Consideration shall be given to citizens representing:

! local and federal law enforcement;

! city, county, or township government;

! business and civic organizations (Chamber of Commerce, Lions, Rotary, Kiwanis);

! council of churches;

! community residents and neighbors;

! school boards; health care organizations; and

! media groups.

Chapter 1, Page 10

RRC SOW, Page 10

5. QUALITY CONTROL. The contractor shall develop a quality control plan, i.e., an internal system for monitoring programs through inspections or reviews conducted by the facility director or other staff. The contractor shall provide a written summary of QCP results to the CCM quarterly.

A quality control plan (QCP) is a written group of activities designed to ensure a standard of excellence. Quality control plans can be viewed as a system or process for monitoring program outcomes through inspections or reviews. These plans are intended to provide the responsible program manager with key information to help measure the quality of work performed. The successful development and implementation of a QCP should allow program managers to operate within acceptable quality levels.

A QCP should clearly identify the following:

! the specific program outcome to be monitored (e.g., RRC referrals - timeliness, responsiveness, completeness of individual program plans - timeliness, accuracy of accountability methods), ! the method (e.g., review of roster runs, files, logs) and frequency (e.g., weekly, monthly, quarterly) of conducting and reporting inspections, and

! the staff responsible for completing the inspections.

Program managers should have their QCP reviewed and approved by their supervisors, to include any revisions. Policy changes, QCP inspection reports, operational and/or program review reports, and staff turnovers could indicate a need for QCP revisions.

Similar to a QCP, a quality assurance plan (QAP) is a written group of activities designed to ensure a level of excellence. A QAP is intended to provide responsible program administrators with key information to help measure the quality of work performed by a program manager and staff under their supervision.

The successful development and implementation of a QAP should provide administrators with an assurance that programs under their responsibility are meeting their objectives.

Similar to a QCP, the QAP should clearly identify the elements (e.g., specific outcome; method and frequency of conducting and reporting; and, staff responsibilities) of the plan. An administrator's QAP should be based on the premise that program managers, and not the administrator, have primary responsibility for the management and quality control of program outcomes. An administrator's QAP is not a substitute for quality control by the program manager. As a result, the method and frequency of

Chapter 1, Page 11

RRC SOW, Page 11 conducting and reporting QAP inspections should rely primarily on a review of QCP inspection reports. A review of QCP reports, coupled with independent sampling, provides the basis for QAP reports.

6. FISCAL RESPONSIBILITIES. The contractor shall operate according to an annual written budget of anticipated revenues and expenditures. The contractor shall have policy and procedures for the receipt, safeguarding, disbursement, and recording of funds that comply with generally accepted accounting practices.

Chapter 2, Page 12

RRC SOW, Page 12

CHAPTER 2 - Personnel

1. STAFF COVERAGE. The contractor shall have trained, paid staff, dressed and awake, on the premises to provide 24 hour coverage, seven days a week that provides for safe and secure supervision of all federal offenders, and that provides for the orderly running of the RRC.

The contractor shall staff at least two 7-day post, 24 hours a day, dedicated only to the supervision of federal offenders.

This 7-day post cannot be covered by another position such as a case manager or facility director. The intent is that this post will devote 100 percent of it’s time supervising offenders. The contractor shall also provide key personnel in accordance with the number of offenders residing in a facility (see Key Personnel).

Housing configurations, e.g., several buildings, require the contractor to determine the number of staff needed to safely and securely supervise the federal offenders. A staff/offender ratio shall be submitted in the technical proposal based upon the layout of the proposed facility and the estimated number of federal offenders in the Request for Proposal (RFP).

The contractor shall maintain the staff/offender ratio (i.e., number and type of staff, specified in the contract, proportionate to the offender population) throughout the performance of the contract unless otherwise indicated by the

CCM.

a. Staffing Pattern. The contractor shall concentrate staff when most offenders are available for program activities, normally during the evening hours.

The contractor shall submit, in the technical proposal, a sample of a weekly work schedule by position clearly defining the duty-hours of each position (for the Bureau of Prison’s contract if other than federal offenders are housed). The sample schedule shall indicate which positions are full-time and which are part-time. In addition, the work schedule will identify if the positions are devoted to federal offender supervision and/or program activities. The intent is to ensure that the contractor adequately staffs for both program activities and offender supervision.

NOTE: If the contractor's facility also houses non-federal offenders, the contractor shall specify what percentage of each position's time will be devoted to the federal contract.

Chapter 2, Page 13

RRC SOW, Page 13

b. Staff/Offender Ratio. The contractor is always responsible for the appropriate supervision of federal offenders and the orderly running of the RRC. The staff/offender ratio established in the contract, contributes to the contractor's ability to safely and securely operate the RRC. The contractor shall notify the CCM of any unforseen circumstance which may affect the safety, security or orderly running of the RRC. Accordingly, the CCM may determine that an adjustment to the staff/offender ratio is warranted. The contractor shall comply with any change(s) to the ratio as directed by the CCM.

1) Population Changes. If the average monthly population (AMP) changes from the BOP's original projection for three consecutive months, the staff/offender ratio may be changed in accordance to the following:

a) If the AMP exceeds the original estimate by 25 percent for three consecutive months, the contractor shall add qualified staff consistent with the original staff/offender ratio.

b) If the AMP is 25 percent below the original estimate for three consecutive months, the contractor may reduce staff consistent with the original staff/offender ratio, as long as the contractor continues to provide safe and secure supervision of federal offender.

c. Key Personnel. All key personnel are full-time employees.

They work on-site at the facility. Key personnel at major use contracts (31 offenders or more) shall devote 100 percent of their working time to the federal contract. The intent is to ensure that key personnel work exclusively with federal offenders when the contractor also provides services to other offenders such as local or state offenders. The contractor shall identify to the CCM key personnel employed at the facility.

1) Full-time employment is 40 hours per week on-site.

2) A major-use contract shall staff at least three key personnel positions. They are the facility director, case manager, and employment placement specialist (EPS). The EPS is required only at major use facilities.

3) Moderate and minor use contracts shall have at least two key personnel positions. They are the facility director and case manager or an equivalent position.

4) In those facilities where a BOP Mothers and Infants Nurturing Together (MINT) program also exists, the MINT

Chapter 2, Page 14

RRC SOW, Page 14 coordinator position will also be considered a key personnel position.

The CCM must approve changes of key personnel before they are employed in a key personnel position.

The contractor shall staff all key personnel positions throughout the performance of the contract. The contractor shall notify the CCM in writing if key personnel vacate a position permanently and indicate when a replacement will be made. The notification shall occur within five working days after the vacancy. The number of case manager positions may be determined by the contractor must be adequate to perform the tasks associated with the position and commensurate with the inmate workload of the population without being pulled to perform duties assigned to other positions.

d. Training. The contractor shall develop an employee training program in addition to any BOP provided training.

1) Contractor Training.

a) Annual Refresher Training. The contractor shall provide staff with at least 20 hours of annual refresher training relating to the operation of the RRC. The contractor shall document the training topics, date, time and participants. The training shall at least cover the following:

!Discipline procedures for offenders !Emergency Plans;

!Staff integrity and ethics;

!Accountability and security procedures;

!Life, safety and emergency procedures;

!Offender searches;

!Signs of suicide and suicide precautions;

!Use of force regulations and tactics;

!CDC Report writing;

!Universal precautions;

!Interpersonal relations and communication skills;

!Social and cultural life styles of the offender population;

!Prevention, identification, and handling of sexual abuse/assault incidents and !Basic first aid.

b) Orientation. The contractor shall provide an orientation for all new employees during their first week of employment. Topics must include at least, a discussion of sexual abuse/assault prevention and intervention and Employee "Standards of Conduct." The contractor shall document the employees' participation, certifying date, time and completion in their personnel file.

Chapter 2, Page 15

RRC SOW, Page 15

2) BOP Training. At least one key personnel staff member will attend and participate in the BOP regional training meeting, which is ordinarily scheduled every two years. The contractor is responsible for all costs associated with attending this training.

2. ORGANIZATIONAL CHART. The contractor shall maintain a narrative description and diagramed organizational chart outlining the structure of authority, responsibility, and accountability of both the facility and company. The intent is to gain an understanding of the "chain-of-command" between the governing board, chairperson of the board, chief executive officer, president, authorized negotiator, facility director to include key personnel, and other staff who will be directly supervising the federal offenders.

The contractor shall be responsible to the Government for acts and omissions of employees, and of subcontractors and their employees.

Subject to existing laws, regulations and other provisions of this contract, illegal or undocumented aliens shall not be employed by the contractor. The contractor shall ensure this provision is expressly incorporated into any and all subcontracts or subordinate agreements issued in support of this contract.

3. PERSONNEL RECORDS. The contractor shall maintain a complete, private, and current personnel file for each employee. The contractor shall ensure the files are readily available for BOP review upon request.

The contractor shall have a written personnel manual that describes policies and procedures covering at a minimum the following areas:

!Staff coverage !Personnel records !Staff training !Recruitment !Staff discipline !Separation from work !Staff retention !Performance evaluation !Organizational chart !Standards of Conduct !Staff orientation !Volunteers !Staff development !Resignation

Note: The contractor shall develop a retention program designed to minimize employee turnover.

The personnel manual is a separate manual from the operations manual.

Chapter 2, Page 16

RRC SOW, Page 16

a. Affirmative Action. The contractor shall have a written policy specifying that equal employment opportunities exist for all positions. Full consideration shall be given to the recruitment, hiring, placement, retention, training, and advancement, of women, members of minority groups, disabled veterans, and qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job in question. The contractor shall not discriminate against individuals based on race, color, religion, sex, national origin, physical or mental disability, age, retaliation, or sexual orientation. In addition, the contractor shall not prevent women from working in male offender programs or men from working in female offender programs.

b. Employee Evaluation. The contractor shall develop written policies and procedures for an annual written performance review of each employee based on defined criteria. The results are discussed with the employee, and the review is signed by the employee and evaluator.

c. Newly Hired Employees. The contractor shall have written policy providing for a probationary term followed by permanent status for newly hired or newly promoted employees.

d. Job Descriptions. The contractor shall establish job descriptions for all staff positions performing services under this contract. Each job description shall accurately describe duties for the position and include, at a minimum, a job title, the minimum education and experience qualifications required, and specific duties and responsibilities.

The minimum education and experience qualifications for the position of facility director (facility manager, RRC supervisor, center director and all other similar titles) shall be a four year degree in a social or behavioral science program from an accredited college or university and two years of work experience in a related field, with one of the years in a supervisory position. Work experience may be substituted for academic studies exchanging one year of work experience in a related field for one year of academic education. Total work experience needed in lieu of the combination of education and work experience is six years, with one of the years in a supervisory position.

e. Social Security Card. The contractor shall ensure each employee and any subcontractor, has a social security card issued by the U.S. Social Security Administration, and is a United States citizen or a person lawfully admitted into the United States as a permanent resident.

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4. BACKGROUND INFORMATION. Contract employees must be approved by the CCM before they may work with federal offenders.

The contractor shall submit a person's name and relevant information to the CCM for a fingerprint and background check only after the contractor has determined that this person is appropriate for employment and that this person will work with federal offenders.

The contractor shall secure from a person (i.e., a person who the contractor employs or intends to employ and who will be working with federal offenders) a signed consent form using Attachment A, REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION. The contractor shall then submit to the CCM the relevant information, including the signed consent form. This begins the fingerprint and background checks. The contractor shall not submit any person which the contractor does not employ or intend to employ.

The contractor shall require this person to provide complete details of any conviction record or current charges for any violation of law. The information will be used to determine the person's fitness for working with federal offenders.

The information shall include full name, all aliases used, date of birth, state of birth, sex, race, social security number, and previous cities and state(s) of residence. The contractor shall notify this person that a National Crime Information Center/National Law Enforcement Telecommunication System (NCIC/NLETS), fingerprint, criminal records and other appropriate background checks will be processed by the BOP to verify this information. The intent is to screen applicants to determine their acceptability to work with federal offenders.

This person shall not begin working with federal offenders before clearance is obtained from the CCM. The CCM may grant the person temporary clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate.

The final approval or disapproval by the CCM will follow the CCM's receipt of the fingerprint and/or other background checks.

The contractor shall understand that the granting of final approval shall not occur until after the CCM receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate.

This action does not prevent, preclude, or bar the withdrawal or termination of any prior clearance or approval by the CCM at any time during the term of the contract.

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RRC SOW, Page 18

The CCM will ordinarily approve a person to work with federal offenders in accordance with guidelines established in the current version of the BOP Program Statement, Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

The contractor shall verify training and experience of all staff.

This includes credentials for all professional staff. The contractor shall document the verification in the personnel file and make it available during inspections.

The contractor shall voucher potential employees through reference and employment checks. The contractor shall document information regarding reference and employment checks in the employee's personnel file.

5. CONTRACTOR’S EMPLOYEE STANDARDS OF CONDUCT. The contractor shall develop and use written policy, procedures and practice, herein called Contractor’s Employee Standards of Conduct, for employee conduct, ethics and responsibility. The contractor shall notify its employees of the contractor’s Employee Standards of Conduct.

The contractor shall require all employees to sign an acknowledgment that they have received and understand the contractor’s Employee Standards of Conduct. The acknowledgment shall indicate that the contractor will require all employees to cooperate fully by providing all pertinent information which they may have to any investigative authority. Full cooperation includes truthfully responding to all questions and providing a signed affidavit, if requested. The contractor shall retain a signed copy of this acknowledgment in each of its employees’ personnel files.

Attorneys may not be present or involved in administrative investigations. Attorney involvement includes, but is not limited to; presence during interviews, review of employee affidavits, and receipt of investigative summaries or documents from the investigative authority. If at any time an investigation uncovers evidence of criminal behavior, the investigation process will immediately stop and appropriate law enforcement officials will be notified.

Investigative authorities include, but are not limited to, investigations conducted by the Department of Justice, (e.g., the Federal Bureau of Investigation, U.S. Marshals Service, Office of the Inspector General, Office of Professional Responsibility, BOP Office of Internal Affairs, BOP Special Investigative Agent, BOP Special Investigative Supervisor, Equal Employment Opportunity Investigator) and others (e.g., Department of Labor, Office of

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Personnel Management, U.S. General Accounting Office), or any other agent or agency the COTR authorizes or directs to conduct an investigation.

a. At a minimum, the Contractor’s Standards of Employee Conduct shall require employees to conduct themselves in accordance with the following standards:

The contractor shall require its employees to conduct themselves professionally and in a manner that creates and maintains respect for the RRC, BOP, the Department of Justice (DOJ), and the U.S.

Government.

The contractor shall require its employees to avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the RRC, BOP, DOJ and U.S. Government.

The contractor shall require its employees to uphold all ethical rules governing their professions, including complying with applicable licensing authority rules, unless they conflict with legal laws.

The contractor shall prohibit its employees from using or possessing illegal drugs or narcotics. The contractor shall prohibit its employees from abusing any drugs or narcotics. The contractor shall prohibit its employees from using alcoholic beverages and being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty. The contractor shall indicate to contractor’s employees that when a contractor’s employee’s blood alcohol content level is 0.02 percent or greater he or she will be considered to be under the influence of alcohol.

The contractor shall prohibit its employees from showing partiality toward, or become emotionally, physically, sexually, or financially involved with offenders, former offenders, or the families of offenders or former offenders. Chaplains, psychologists, and psychiatrists may continue a previously established therapeutic relationship with a former offender in accordance with their respective codes of professional conduct and responsibility.

The contractor shall prohibit its employees from engaging in, or allowing another person to engage in, sexual behavior with an offender. The contractor shall indicate to its employees that regardless of whether force is used or threatened, there can be no “consensual sex” between contractor’s employees and offenders.

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RRC SOW, Page 20

The contractor shall prohibit its employees from offering or giving an offender or a former offender or any member of an offender’s family, or to any person known to be associated with an offender or former offender, any article, favor, or service, which is not authorized in the performance of the contractor’s employee's duties. The contractor shall prohibit its employees from accepting any gift, personal service, or favor from an offender or former offender or from anyone known to be associated with or related to an offender or former offender. The contractor’s Standards of Employee Conduct, will clearly state that this staff prohibition includes any involvement with an offender’s family members or any known associates of an offender.

The contractor shall prohibit its employees from showing favoritism or give preferential treatment to one offender, or a group of offenders, over another offender.

The contractor shall prohibit its employees from using profane, obscene, or otherwise abusive language when communicating with offenders, fellow employees, or others. The contractor shall require its employees to conduct themselves in a manner that is not demeaning to offenders, fellow employees, or others.

The contractor shall require its employees to remain fully alert and attentive during duty hours.

The contractor shall prohibit its employees from having any outside contact with an offender, ex-offender, offender's family or close associates, for a period of one year from the last day of the offender's sentence or supervision, whichever is later, except those activities that are an approved, integral part of the RRC program and a part of the its employee's job description.

The contractor shall prohibit its employees from engaging in any conduct that is criminal in nature or which would bring discredit upon the RRC, BOP, DOJ or U.S. Government. The contractor shall require its employees to conduct themselves in a manner that is above reproach. The contractor shall require its employees to obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. The contractor shall require its employees charged with, arrested for, or convicted of any felony or misdemeanor, to immediately inform and provide a written report to the facility director.

The facility director shall immediately report the incident to the COTR. Traffic violations resulting in fines less than $150 are exempt from this reporting requirement.

The contractor shall prohibit its employees from using brutality, physical violence, or intimidation toward offenders, or use any unauthorized or inappropriate force.

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RRC SOW, Page 21

The contractor shall prohibit its employees from engaging in…