06-PERFORMANCEBASEDWITHHOLDINGSUMMARYTABLE.pdf

Section E of the solicitation Attachment A

The Inspection of Services Clause, incorporated in Section E of the contract, authorizes the Federal Bureau of Prisons to withhold full or partial payment when the Contractor either does not perform or performs inadequately. The following Performance Summary Table gives notice to the Contractor of the amounts that may be withheld for failure to adhere to the contract’s various requirements. This Performance Summary Table does not create or impose obligations that are binding on the BOP; nor does it limit the BOP’s discretion to withhold more than the specified amount under appropriate circumstances. Moreover, this Performance Summary Table does not change the Performance Work Statement or expand or modify the Contractor’s obligations under the contract.

PERFORMANCE SUMMARY TABLE

Contract Requirement Vital Functions Encompassed in Contract Requirements

Value

Safety/Security/Order:

Section A: Performance Requirements

Section B: Contract Compliance

Section F: Personnel

Section G: Physical Plant

Section M: Searches & Contraband

Section U: Offender Rules & Discipline Regulations

Vital Function # 1 – Provide a safe and adequate living environment for residents. This function requires compliance with all local, state, and federal laws and regulations governing sanitation, water, living space, and sleeping.

Vital Function # 2 – Develop emergency response and evacuation procedures and train staff to comply with them. Maintain compliance with local fire authority and national codes.

Vital Function # 3 – Provide adequate staffing and implement policies to monitor residents and their locations and control the introduction of contraband.

Vital Function # 4 – Establish rules and regulations that communicate goals and expected conduct to residents.

0 to 30% of invoice

PERFORMANCE SUMMARY TABLE

Resident Care/Services:

Section V: Food Service

Section W: Medical Service

Vital Function # 1 – Provide nutritious and aesthetic meals in a sanitary manner, which conform to established nutritional guidelines and which meet the residents’ medical and religious needs.

Vital Function # 2 – Facilitate personal hygiene by maintaining adequate facilities and supplies.

Vital Function # 3 – Ensure that residents have access to qualified health care providers for emergency and routine treatment, screening, and mental health services. Establish a suicide prevention program.

0 to 10% of invoice

Programs and Activities:

Section L: Urine Drug Testing & Breathalyzer

Section N: Individual Orientation, Program Planning & Progress

Section O: Employment

Section Q: Parenting/Family

Section S: Cultural Diversity Programs

Vital Function # 1 – Create plans and provide assistance that targets individual needs and that facilitates successful community transitions.

Vital Function # 2 – Identify and control substance use/abuse.

Vital Function # 3 – Provide and encourage access to community resources, family, and employment opportunities.

Vital Function # 4 – Maintain adequate physical space for counseling and activities.

0 to 25%

Justice/Case Management:

Section H: Referral and Intake Processing

Section P: Offenders Financial Responsibility

Section U: Offender Rules & Discipline Regulations

Section X: Administrative Remedy

Section Y: Releases

Section Z: USPO Cases

Vital Function # 1 – Ensure that residents are treated fairly and that their rights are not violated.

Vital Function #2 – Ensure that admission and release procedures comport with federal requirements.

Vital Function # 3 – Provide for a disciplinary process with appropriate safeguards.

Vital Function # 4 – Encourage offender responsibility, such as restitution, fines, and other financial obligations.

0 to 25% of invoice

Administration/Management:

Section C: General Administration

Section F: Personnel

Vital Function # 1 – Verify that staff possesses proper qualifications, credentials, and licenses and the integrity to perform services.

Vital Function # 2 – Formulate, maintain, and review policy, program, and procedural manuals, including but not limited to a comprehensive personnel manual.

Vital Function # 3 – Conduct staff development and training, including but not limited to sexual harassment, sexual assault, and intervention training.

Vital Function # 4 – Encourage interaction, communication, and cooperation with community and volunteers.

0 to 5%

Quality Control:

Section D: Quality Control

Vital Function # 1 – Implement quality control plan with measurable goals and objectives, which identifies inadequacies in the quality of services provided under the contract. Outline steps to implement corrective action before services become deficient.

Vital Function # 2 – Maintain an organized record system and files. Collect, secure, review, and provide requisite information to appropriate authorized parties.

Vital Function # 3 – Discharge fiscal responsibilities in accordance with generally accepted accounting procedures. Develop budgets and conduct audits.

Enforce offender fee and payment procedures.

0 to 5% of invoice

Contract Requirements:

The Contract Requirement column lists the contract’s six basic requirements and identifies the sections of the Performance Work Statement that fall under each. The column is not exhaustive and the BOP retains the right to withhold funds for nonperformance of obligations that are not explicitly listed in the column or that are implicit in the contract.

Vital Functions:

The Vital Functions column lists the essential tasks that make up each contract requirement.

Failure to perform any aspect of these Vital Functions may justify withholding in accordance with the amounts listed in the Value column.

The Vital Functions column is not exhaustive and withholding may be warranted for failure to perform services that are not expressly enumerated.

The BOP retains the discretion to decide which Vital Function – or Contract Requirement – that a particular task or service falls under for withholding purposes.

Value:

The Value column lists the percentage of the contractor’s monthly invoice that the BOP may withhold for nonperformance of the corresponding contract requirement. For example, if a contractor fails to perform its monthly drug testing duty, which comes under the Programs and Activities Contract Requirement, the BOP may withhold up to 25% of the Contractor’s payment for that month.

The value assigned to each contract requirement reflects the relative importance of that requirement. For example, Safety, Security, and Order are considered the most important obligations and, as a result, have the largest value.

While the Value column sets a general range for withholding funds, it does not prohibit the BOP from exceeding the range and withholding more than the maximum amount. For example, if the Contractor commits an egregious Safety, Security, and Order violation, then the BOP may have to withhold more than 30% of the Contractor’s invoice to account for the reduced value of the services that the Contractor rendered.

In addition, the BOP may aggregate withholdings. That is, if a Contractor consistently fails to comply with the contract, or neglects to remedy deficient performance over a period of months, then the BOP may aggregate the amounts owed for each month and withhold that amount from a single invoice. The aggregate withholding may exceed the range set in the Value column.

For example, the BOP may attempt corrective action for several months and refrain from withholding funds during that period. If that corrective action fails, then the BOP may aggregate the amounts that should have been withheld during that time and deduct it from a single invoice.

The BOP does not waive its right to withhold simply because it has opted to pursue other forms of corrective action first.

PERFORMANCE-BASED OUTCOME MEASURE INDICATORS

Contract Requirement Outcome Measure Indicators

Safety/Security/Order:

Section A: Performance Requirements

Section B: Contract Compliance

Section F: Personnel

Section G: Physical Plant

Section M: Searches & Contraband

Section U: Offender Rules & Discipline Regulations

Number of sanitation or health code violations identified and/or cited by external agencies in the past twelve months divided by the average daily offender population in the past twelve months.

Number of significant incidents in the past twelve months divided by the average daily offender population in the past twelve months.

Number of unauthorized offender absences and escapes from the facility in the past twelve months divided by the average daily offender population in the past twelve months.

Number of times the facility did not report offender absences and escapes to responsible jurisdiction within the established time divided by the number of unauthorized offender absences in the past twelve months.

Number of instances of unauthorized access (i.e. visitors or staff from outside agencies not properly signed in) to the facility in the past twelve months divided by the average daily offender population in the past twelve months.

Number of incidents involving contraband (200 level violations or higher) in the past twelve months divided by the average daily offender population in the past twelve months.

Number of weapons found in the facility in the past twelve months divided by the average daily offender population in the past twelve months.

Number of incidents in which controlled substances were found in the facility in the past twelve months divided by the average daily offender population in the past twelve months.

Number of incidents in which alcohol was found in the facility in the past twelve months divided by the average daily offender population in the past twelve months.

Number of staff resignations for any reason in the past twelve months divided by the number of full-time equivalent staff positions in the past twelve months.

Number of key staff resignations for any reason in the past twelve months divided by the number of full-time equivalent staff positions in the past twelve months.

Contract Requirement Outcome Measure Indicators

Resident Care/Services:

Section V: Food Service

Section W: Medical Service

Number of offender grievances about food service in the past twelve months divided by the average daily offender population in the past twelve months.

Number of violations cited by independent authorities for food service sanitation in the past twelve months.

Number of offender grievances regarding access to personnel hygiene articles in the past twelve months divided by the average daily offender population.

Number of offender grievances regarding access to health care in the past twelve months divided by the average daily offender population.

Contract Requirement Outcome Measure Indicators

Programs and Activities:

Section L: Urine Drug Testing & Breathalyzer

Section N: Individual Orientation, Program Planning & Progress

Section O: Employment

Section Q: Parenting/Family

Section S: Cultural Diversity Programs

Number of offenders substance abuse tests for which results were positive in the past twelve months divided by the number of tests administered in the past twelve months.

Number of offenders who tested positive for alcohol in the past twelve months divided by the number of tests administered in the past twelve months.

Total number of offenders who completed their service of sentence while in the program in the past twelve months divided by the number of offenders who were discharged from the program in the past twelve months.

Total number of offenders who participated in community service work in the past twelve months divided by the total number of offenders housed in the past twelve months.

Total number of volunteers who provided services in the past twelve months divided by the average daily offender population.

Total number of complaints from the community in the past twelve months divided by the average daily offender population in the past twelve months.

Total number of commendations (e.g. newspaper articles, awards) received from the community in the past twelve months divided by the average daily offender population in the past twelve months.

Total number of offenders without employment upon arrival, who obtained employment before completing the program in the past twelve months divided by the average daily offender population.

Total number of jobs secured by the Employment Program Specialist for offenders without employment prospects in the past twelve months divided by the number of employed offenders.

Total number of deficiencies cited for not creating an IPP according to the PWS in the past twelve months.

Total number of deficiencies cited for not completing an orientation in accordance with the PWS in the past twelve months.

Total number of offenders employed at the time of release in the past twelve months divided by the average daily offender population in the past twelve months.

Total number of offenders with actively participating family members in their program planning in the past twelve months divided by the average daily population in the past twelve months.

Number of offenders who are employed upon release in the past twelve months divided by the number of offenders released in the past twelve months.

Number of offenders who moved into permanent housing upon release in the past twelve months divided by the number of offenders released in the past twelve months.

Contract Requirement Outcome Measure Indicators

Justice/Case Management:

Section H: Referral and Intake Processing

Section P: Offenders Financial Responsibility

Section U: Offender Rules & Discipline Regulations

Section X: Administrative Remedy

Section Y: Releases

Section Z: USPO Cases

Number of offenders who were arrested while in residence in the past twelve months divided by the average daily offender population in the past twelve months.

Total number of offenders’ grievances in the past twelve months, regarding (a) access to court; (b) mail or correspondence, (c) sexual harassment; (d) discipline; (e) discrimination divided by the offender population in the past twelve months.

Number of disciplinary incidents resolved informally in the past twelve months divided by the average daily offender population in the past twelve months.

Number of rule violations reported to DHO in th past twelve months divided by the average daily offender population in the past twelve months.

Number of offenders terminated from the facility due to rule violations (not to include drugs, alcohol, or escapes) in the past twelve months divided by the average daily offender population in the past twelve months.

Number of offenders released in the past twelve months who made regular payments toward their subsistence and/or court imposed financial obligations divided by the number of offenders who had subsistence and/or court imposed financial obligations.

Number of offenders released to a shelter in the past twelve months divided by the average daily offender population in the past twelve months.

Number of offenders without a place of residence upon arrival, but upon release, through the assistance of the contractor obtained a place of residence.

Total number of offenders released with developed aftercare program plans and established linkages to social services in the past twelve months divided by the average daily offender population.

Total number of offenders who received assistance from the contractor’s staff with social security paperwork filing in the past twelve months divided by the number of offenders eligible for social security.

Contract Requirement Outcome Measure Indicators

Administration/Management:

Section C: General Administration

Section F: Personnel

Number of professional development events attended by staff in the past twelve months divided by the number of full-time equivalent staff positions in the past twelve months.

Number of incidents in which staff were found to have acted in violation of facility policy in the past twelve months divided by the number of full-time positions in the past twelve months.

Number of staff terminated for conduct violations in the past twelve months divided by the number of full-time equivalent staff positions in the past twelve months.

Number of hours of staff training provided by the contractor in the last twelve months.

Number of deficiencies identified during monitorings in areas requiring licensor, certifications, credentials, minimum qualifications and integrity as defined in the PWS in the past twelve months. (i.e., personnel being cleared by the CCM, staff being CPR certified, key personnel meeting the minimum education and experience requirements, etc.)

Number of deficiencies identified during monitorings for not formulating, maintaining and reviewing policies, programs, and procedural manuals in any area identified in the PWS in the past twelve months.

Number of community and/or local meetings attended by CCC staff in an official capacity in the past twelve months.

Number of Community Relations Board meetings held in the past twelve months.

Contract Requirement Outcome Measure Indicators

Quality Control:

Section D: Quality Control

Number of objectives achieved in the past twelve months divided by the number of objectives for the past twelve months.

Number of program changes made in the twelve months divided by the number of program changes recommended in the past twelve months.

Number of instances when the Quality Control Plan identified and permanently corrected the deficiencies in the past twelve months.

Total number of unauthorized disclosures of employee or offender record information in the past twelve months.

Total number of repeat deficiencies identified during a monitoring in the past twelve months.

Total number of monitorings remaining open due to untimely contractor responses in the past twelve months.

Outcomes:

The Outcome Measures are pertinent variables used to measure the performance level of each vital function. The outcome measures will be used in conjunction with contract requirements and vital functions in the assessment of the health and overall performance level of the contract.