RFP 200-1133-WR Solicitation.pdf

U. S. Department of Justice

FEDERAL BUREAU OF PRISONS

Washington, DC 20534

March 9, 2011

To All Interested Parties:

The Federal Bureau of Prisons is soliciting proposals to provide Residential Reentry Center (RRC) Services for male and female Federal offenders held under the authority of United States Statutes located in Billings, Montana (Yellowstone County).

All offerors are advised that the Government reserves the right to disclose or make public any environmental documentation or other information provided in response to the solicitation. Such disclosures would typically occur in Environmental Impact Statements, Environmental Assessments, public hearings, comment periods, and other public forums.

Please follow the instructions in Section L of the Request for Proposals (RFP) when preparing your Business, Technical/Management, and Past Performance Information Proposals. Your Business, Technical/Management, and Past Performance Information Proposals should be submitted in separate loose-leaf binders. The binders should be marked to indicate which are copies and which are originals. The binders marked “Original” should contain original documents.

The following items should comprise your Business Proposal: a cover letter setting forth your firm rates for the Base Period and each Option Year (sliding scales, etc., are not acceptable);

Section A (Solicitation, Offer and Award); Section B (Supplies or Services and Prices/Costs);

applicable attachments in Section J (List of Attachments; see Section L, Content of Business Proposals); and Section K (Representations, Certifications, and Other Statements of Offerors).

The Technical/Management Proposal must include a clear and concise explanation of how you propose to accomplish the procurement objective, describing in detail the approach, methods, techniques, and manpower you intend to use in accordance with Section L, Content of Technical/Management Proposals. Your Technical/Management Proposal will be evaluated as an indication of your comprehension of the services to be provided and your ability to perform these services.

The Government reserves the right to award the contract without discussions. Therefore, all proposals should be prepared as your organization’s final proposal revision.

The offeror will provide a third party certification that the facility meets all building codes, fire codes, and Architectural Barriers Act requirements. The third party review will include certifications that the facility meets air circulation requirements, as well as unencumbered square footage requirements, all required electrical standards and all other requirements as denoted in the Statement of Work (SOW). All submissions are to be provided in electronic format that is WordPerfect or Adobe compatible.

The Federal Bureau of Prisons representatives will conduct an on-site inspection of your facility after receipt of proposals, but prior to contract negotiations, if held. Therefore, a separate cover sheet is required in the Technical/Management proposal indicating the place of performance, and an available contact person authorized to obligate the offeror (including telephone number) who shall be present during the on-site evaluation.

Notes:

In accordance with Federal Acquisition Regulation (FAR) 52.215-1(d), Instructions to Offerors-Competitive Acquisitions, proposals in response to this solicitation will be valid at a minimum of 240 days from the date the solicitation closes.

In accordance with FAR 52.222-54, Employment Eligibility Verification, contractors are required to enroll in the E-Verify Program and to comply with the requirements of the E-Verify Program Memorandum of Understanding (MOU) for the period of performance of any potential contract resulting from this solicitation. Contractors who are not enrolled as Federal Contractors in the E-Verify Program at the time of potential contract award have thirty (30) calendar days within the date of contract award to enroll in the E-Verify Program. Employees are subject to verification of employment eligibility as defined and outlined by the clause. For more information, please visit the E-Verify website at http://www.dhs.gov/E-Verify.

Please address all questions in regard to this solicitation to the Contracting Officer at the e-mail address and telephone number listed in Block 10 of the Standard Form 33 (Solicitation, Offer, and Award) located in Section A of the solicitation document.

Sincerely, //s// Michael J. Connors Contracting Officer

Enclosure

FEDERAL BUREAU OF PRISONS

ACQUISITIONS BRANCH

320 FIRST STREET, NW (5005)

WASHINGTON, D.C. 20534

ATTENTION: CCC CONTRACTING

SOLICITATION NUMBER: RFP 200-1133-WR

ISSUE DATE: 03/09/2011

CLOSING DATE: 04/22/2011

2:00 P.M. LOCAL TIME

LOCATION: LOCATED IN BILLINGS, MONTANA

(YELLOWSTONE COUNTY).

ADDRESS ALL PROPOSALS TO:

Michael J. Connors Contract Specialist

U.S. Department of Justice Federal Bureau of Prisons

Acquisitions Branch 320 First Street, NW (5005) Washington, D.C. 20534 ATTN: CCC Contracting

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING OMB Clearance Control Number : 1103-0018

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

RFP-200-1133-WR

SEALED BID (IFB)

X NEGOTIATED

4. TYPE OF SOLICITATION 5. DATE

ISSUED

03/09/2011

6. REQUISITION/PURCHASE

NUMBER

CODE CO

Federal Bureau of Prisons Community Corrections Contracting

320 FIRST STREET NW

Room 5005

WASHINGTON, DC 20534

7. ISSUED BY

Federal Bureau of Prisons Community Corrections Office 320 First Street, NW Room 5005 Washington, DC 20534

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

L.5 320 First Street, Room 5005 14:00:00 04/22/2011

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Michael J. Connors

AREA CODE

NUMBER

307-3070

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

m1connors@bop.gov

11. TABLE OF CONTENTS

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 2 X I CONTRACT CLAUSES 9

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 138 X J LIST OF ATTACHMENTS 49

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

X E INSPECTION AND ACCEPTANCE 7 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 2

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 7X G CONTRACT ADMINISTRATION DATA 2

X M EVALUATION FACTORS FOR AWARD 3X H SPECIAL CONTRACT REQUIREMENTS 2

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

$0.00

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

RFP-200-1133-WR Page 1 of 36

Table of Contents

Section Description Page Number

A Solicitation/Contract Form B Supplies or Services and Prices/Costs C Description/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries and Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

52.219-9 Small Business Subcontracting Plan (Jan 2011) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.244-6 Subcontracts for Commercial Items (Oct 2010)

J List of Attachments K Representations, Certifications and Other Statements of Offerors L Instructions, Conditions and Notices to Offerors M Evaluation Factors for Award

RFP-200-1133-WR Page 2 of 36

Section B - Supplies or Services and Prices/Costs

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period: 02/01/2012 through 01/31/2014 16,813.000000 DY $____________ $___________________

0001a Option Year #1: 02/01/2014 through 01/31/2015 8,395.000000 DY $____________ $___________________

0001b Option Year #2: 02/01/2015 through 01/31/2016 8,395.000000 DY $____________ $___________________

0001c Option Year #3: 02/01/2016 through 01/31/2017 8,418.000000 DY $____________ $___________________

Clauses By Full Text

B.1 SERVICES AND PRICES/COSTS

(a) Contractor shall provide Residential Reentry Center (RRC) services for male and female Federal offenders held under the author-ity of various United States Statutes located in Billings, Montana (Yellowstone County). The services will be provided on an indefin-ite delivery, requirements type contract, with firm-fixed unit prices according to the estimate outlined above.

The Government intends to refer all eligible residential reentry center requirements under this solicitation to the successful contractor.

The estimated requirements with respect to gender are as follows:

87 percent Male

13 percent Female

*Services are required primarily for full-time resident inmate days; however, a percentage of total estimated inmate days may be used for live-out programs. The number of "Total Estimated Inmate Days" is broken down into the following categories and estimated per-centages:

Fixed price per Regular Inmate days: 80 percent

Home Detention Inmate days: 20 percent

Furloughed Inmate days: Less than 1 percent

Offerors are advised that all usage amounts shown are estimates only. These estimates are not a representation by the Government to the offeror that the estimated quantities will be required or ordered, or that conditions affecting the requirement will be stable. These estimates do not constitute a Bureau of Prisons usage guarantee or a guarantee of revenue to the offeror. Payment shall be made for actual consumption/usage.

Per diem rates for inmates placed on home detention and furlough shall be one half the full per diem rate. (In the event one half the per diem rate does not divide evenly, round the cents column down).

Pursuant to FAR 17.106-1(c) Cancellation Procedures and FAR 17.106-1(d) Cancellation Ceilings, in the event funds are not avail-able after the first year of the base period, the Government reserves the right to cancel the contract in accordance with FAR 52.217-2, RFP-200-1133-WR Page 3 of 36

Cancellation Under Multiyear Contracts. Under such cancellation, the contractor will be compensated in accordance with FAR 52.217-2 up to the cancellation ceiling limit set forth below (excluding amounts for requirements under prior years):

Base Year 2: 50% of the non-recurring allowable costs for the remaining Base Period.

Pursuant to FAR 17.203(b), the Government’s evaluation shall be inclusive of options.

Pursuant to FAR 17.203(d), offerors may offer varying prices for options, depending on the quantities actually ordered and the dates when ordered.

(b) Services are required to be provided in accordance with Part I, Section C, the Statement of Work, with documentation as required.

[END OF SECTION]

RFP-200-1133-WR Page 4 of 36

Section C - Description/Specifications/Statement of Work

Clauses By Full Text

C.1 STATEMENT OF WORK/SPECIFICATION

A description of the services to be performed is given in the Statement of Work (see attachment) in this section identified as: Residen-tial Reentry Center, August 2007; Revision 01, December 2007, CCB; Revision 02, December 2008, CCB; Revision 03, February 2010, CCB, Revision 04, May 2010, CCB.

[END OF SECTION]

RFP-200-1133-WR Page 5 of 36

STATEMENT OF WORK

(SOW)

RESIDENTIAL REENTRY CENTER

August 2007

Revision 01, December 2007, CCB Revision 02, December 2008, CCB Revision 03, February 2010, CCB

Revision 04, May 2010, CCB

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

PROGRAMS CHAPTER - SECTIONS

01 Program Components 02 Program Review Team (PRT) 03 Individual Orientation 04 Program Planning and Progress 05 Employment 06 Offender’s Financial Responsibility 07 Residence Development 08 Driving 09 Transition Skills Program 10 Transitional Drug Abuse Treatment (TDAT) 11 Special Supervision Conditions 12 Marriage

CHAPTER 11

Security and Accountability

CHAPTER 12

Discipline

CHAPTER 13

Administrative Remedy

CHAPTER 14

Food Services

CHAPTER 15

Medical Services

TABLE OF CONTENTS (continued)

CHAPTER 16

Records and Reports

CHAPTER 17

Release Procedures

CHAPTER 18

Escape Procedures

CHAPTER 19

Serious Illness, Injury, or Death

CHAPTER 20

USPO Cases

CHAPTER 21

Research and Evaluation

CHAPTER 22

BOP Inspections

CHAPTER 23

Cost Reimbursements

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

AGREEMENT TO PARTICIPATE IN THE BUREAU OF PRISONS

Transition SKILLS PROGRAM . . . . . . . . . . . . . Attachment G

LIST OF BOP FORMS

(Provided by CCM)

ADMINISTRATIVE REMEDY FORMS

APPLICATION FOR VOLUNTEER SERVICE

AUTHORIZATION TO OPERATE A MOTOR VEHICLE

CENTER DISCIPLINE COMMITTEE (CDC) REPORT (RRCS)

COMMUNITY BASED PROGRAM AGREEMENT

DUTIES OF STAFF REPRESENTATIVES (RRCs)

FURLOUGH APPLICATION - APPROVAL AND RECORD

FURLOUGH QUESTIONNAIRE - OUT OF SENTENCING DISTRICT

INCIDENT REPORT (RRCs)

INMATE RIGHTS AT CENTER DISCIPLINE COMMITTEE HEARING

NOTICE OF CENTER DISCIPLINE COMMITTEE HEARING (RRCs)

PASS REQUEST AND APPROVAL

QUESTIONNAIRE - SENTENCING DISTRICT

URINE SAMPLING PROGRAM (RRCs)

WAIVER OF RRC DRUG TREATMENT REQUIREMENT

WAIVER OF APPEARANCE (RRCs)

LIST OF BOP PROGRAM STATEMENTS

PS 1330 Administrative Remedy Program

PS 1351 Release of Information

PS 1415 Community Relations Board

PS 1480 News Media Contacts

PS 3735 Drug Free Workplace

PS 5270 Inmate Discipline & Special Housing Units

PS 5280 Furloughs

PS 5321 Unit Management

PS 5324 Sexually Abusive Behavior Prevention and Intervention Program

PS 5380 Cost of Incarceration Fee (COIF)

PS 5800.15 Correctional Systems Manual

PS 6060 Urine Surveillance and Narcotic Identification

PS 6590 Alcohol Surveillance and Testing Program

PS 7310 Community Corrections Center (CCC) Utilization and Transfer Procedures

PS 7570 Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities

Program Statements may be found on the Bureau of Prisons Internet Home Page, www.BOP.gov. 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.

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 is provided. 2

Staff must receive training on duties and responsibilities prior to working with federal inmates. 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 will develop and implement a comprehensive staff training program addressing the facility’s sexual abuse/assault/misconduct prevention and intervention program. 2

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

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

The contractor will 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 will train staff on the proper techniques for offender pat, room, vehicle, and common area searches. This training will be conducted within the first week of employment and annually thereafter. 11

STAFF TRAINING REQUIREMENTS (CONTINUED)

Training Chapter Referenced

The rules of conduct and sanctions for resident discipline infractions will be defined in writing and communicated to all staff. 12

Staff must be familiar with the Administrative Remedy Program Statement. 13

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 during the transition from prison to the community.

1. OBJECTIVE - The objective is to establish a Residential Reentry Center (RRC) that provides comprehensive community-based services for 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 will 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, appropriately secure, and 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) or their designee can approve a federal offender's placement at a RRC.

4. CONTRACTOR'S RESPONSIBILITY - The contractor will 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 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

2007 RRC SOW, Page 1 understand, because they describe some of the major portions of the BOP's core values.

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.

• 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 reentry 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, 2007 RRC SOW, Page 2 that promotes a physically and emotionally sound environment for both staff and offenders.

Contract employees need to be firm but fair, and humane but careful, in their interactions with offenders.

The RRC has an obligation to provide offenders with an opportunity to acquire the necessary skills for self-improvement, and practice law-abiding behavior upon release. Offenders are encouraged to maintain 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.

6. CONTRACT PERFORMANCE - All services and programs will 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 will apply. When a conflict exists and a conclusion cannot be made as to which standard is more stringent, the BOP will determine the appropriate standard. The contractor will comply with and implement any applicable changes to BOP policy, Department of Justice (DOJ) regulation, Congressional mandate, federal law or Presidential Executive Orders.

The BOP reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract. Should the BOP invoke such changes, the contractor retains rights and remedies to equitable adjustment under the terms and conditions of the contract.

The 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 and by any method to assess contract compliance.

The BOP may investigate any incident pertaining to the performance of this contract. The contractor will comply and cooperate with the BOP on all investigations, monitoring visits, inspections, and inquiries.

The contractor will 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

2007 RRC SOW, Page 3 immediately notify the CCM of the report. The contractor will immediately report to the CCM any person or agency requesting to use an offender in any investigation.

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

When electronic media; e.g., the Internet, is used by the contractor, the contractor will manage the information in accordance with federal law. The electronic submission of reports may be required at the discretion of the COTR.

7. SCOPE OF WORK - The contractor will 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 will develop operational policies and procedures that follow the requirements contained in this SOW and of generally accepted correctional practice as defined by the COTR.

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

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

The contractor will 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 anyone for whom the contractor may be responsible.

The contractor will 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 contractor’s liability will not be limited by any provision or limits of insurance set forth in the resulting contract.

The contractor will be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The CO will be notified in writing of all litigation pertaining to this contract and provided copies of said litigation or any pleadings filed within

2007 RRC SOW, Page 4 five working days of the filing. The contractor will cooperate with the government legal staff and/or the United States Attorney regarding any requests pertaining to federal or contractor litigation.

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.

2007 RRC SOW, Page 5

CHAPTER 1 - Administration and Organization

The contractor will maintain a current written operations manual that is available to all staff. It will describe the purpose, philosophy, programs, services, policies and procedures of the facility, and be updated on an as-needed basis. It will describe the daily operational procedures for the respective facility and should not be used as a universal operational manual for other facilities. Staff will have a thorough working knowledge of the operations manual. The contractor must operate in accordance with the operations manual. The operations manual will not circumvent the SOW requirements. The operations manual is a separate manual from the technical proposal. At least annually, staff shall review the operations manual and document the review.

The operations manual will be available for review by the BOP during inspections of the facility.

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

Any disagreement regarding contract performance should first be disputed, or addressed, with the Contracting Officer’s Technical Representative (COTR). If the conflict cannot be resolved with the COTR, then the issue should be elevated to the Regional Management Center Administrator or the Community Corrections Regional Administrator. If an agreement still cannot be reached then the contractor should address the Contracting Officer, in writing.

The contractor will develop a written mission statement, long-range goals, and objectives, which will 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 will 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 will advise the CCM in writing of their intent to seek ACA accreditation.

2. PERFORMANCE - The contractor will maintain a current contingency plan to ensure continuity of service should unforseen

2007 RRC SOW, Page 6 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 will provide at least 70 percent of the contract requirements by using employees compensated directly by the contractor. This means the contractor cannot subcontract more than 30 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 will submit all proposed subcontracts to the BOP for approval when the contractor intends to seek the services of a subcontractor; i.e., food service or facility maintenance.

3. INFORMATION - The contractor will 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 P.S. 1351, Release of Information. The contractor will have written policy and procedures for staff managing information. The contractor will seek the CCM's approval before releasing BOP records in response to a request for information.

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

b. Congress - The contractor will 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 will 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, 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 should reference the P.S. 1480, News Media Contacts.

The contractor is encouraged, but not required, to clear in advance all public information issues with the CCM, including, all press statements and releases.

2007 RRC SOW, Page 7

The contractor will 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 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 will 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 will maintain documentation of:

• Their standing as a legal entity, or part of a legal entity, and will maintain documentation indicating legal measures have been taken to provide continuity of service in case of incapacitation, retirement, or death of the contractor;

• Their tax exempt status, if applicable;

• Valid liability and property insurance for the facility and equipment, with documentation available for review at the facility.

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

f. Equipment - The contractor will have a working facsimile machine, computer, and telephone capabilities. Additionally, the contractor will have a computer with Internet capabilities to include Internet Explorer browser for communicating with the CCM office.

g. Translation - The contractor will 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 BOP believes it is extremely important and vital to develop and maintain positive community relations. This may be accomplished through development of a community relations board OR development of an outreach program.

2007 RRC SOW, Page 8

If the contractor chooses to develop an outreach program, they must provide written policy and procedures that offers ongoing, positive communication between the facility, local community, elected officials, law enforcement and citizens. The program must describe the approach to educating the local community about the goals and mission of the RRC and maintaining the support of the community. The program must also include specific activities that will be conducted on a quarterly basis.

If the contractor chooses to develop a community relations board, they must follow the standards set forth in the P.S. 1415, Community Relations Board.

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

2007 RRC SOW, Page 9

CHAPTER 2 - Personnel

1. ORGANIZATIONAL CHART - The contractor will maintain a narrative description and diagramed organizational chart outlining the structure of authority, responsibility, and accountability of both the facility and the company. The intent is to gain an understanding of the "chain-of-command” within the organization.

2. STAFF COVERAGE - The contractor will have trained, paid staff, dressed and awake, on the premises to provide 24 hour coverage, seven days a week. This staff coverage shall provide for the safe and secure supervision of all federal offenders.

a. Position Requirements - The minimum education and experience qualifications for the position of facility director (facility manager, RRC supervisor, center director and all other similar titles) will be a four year degree in a social or behavioral science program from an accredited college or university, two years of work experience in a related field, and a minimum of two 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 two of the years in a supervisory position.

The education and experience qualifications for the position of social services coordinator (SSC) will be a four year degree in a social or behavioral science program from an accredited college or university. At a minimum, one year of experience must be working in the social services field in a relevant position. For description of services provided by the SSC see Chapter 10.

b. Staffing Pattern - The contractor will concentrate staff when most offenders are available for program activities, normally during the evening hours. A key staff member will be available on site Monday-Friday 8:00 a.m. to 4:00 p.m.

The contractor will staff at least two positions (one male and one female if the facility is co-ed), 7-day post, 24 hours a day, dedicated only to the supervision of federal offenders. This requirement is not mandated for minor use facilities (15 or less federal offenders contracts). Ordinarily, these seven day posts cannot be covered by other positions such as case managers or facility directors unless documentation requesting such is submitted to and approved by the CCM. The intent is that these posts will devote 100 percent of their time supervising offenders. The contractor will also provide key personnel in

2007 RRC SOW, Page 10 accordance with the number of offenders residing in a facility (see Key Personnel).

c. Key Personnel - Includes the facility director (facility manager, RRC supervisor, center director and all other similar titles) case manager or equivalent, and social services coordinator (SSC). All key personnel are full-time employees.

The contractor will identify to the CCM the key personnel employed at the facility.

1) All major use contracts (31 and over) will staff at least three key personnel positions. The positions will be the facility director, case manager, and social services coordinator (SSC). These positions will be 100% devoted to the federal contract.

2) All moderate use contracts (16 - 30) will staff at least three key personnel positions. The positions will be the facility director, case manager, and social services coordinator.

These positions will be 100% devoted to the federal contract.

3) All minor use contracts will staff at least two key personnel positions. The positions will be the facility director and a case manager. These positions do not have to be 100% devoted to the federal contract. However, in cases where these positions will be shared, the contractor must receive approval by the CO.

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

The contractor will staff all key personnel positions throughout the performance of the contract. The contractor will notify the CCM in writing if any personnel vacates a position permanently and indicate when a replacement will be made. The notification will occur within five working days after the vacancy. The number of case manager positions may be determined by the contractor. The number 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. Failure to maintain negotiated staffing patterns will result in adverse action.

d. 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. Housing configurations must also be taken into consideration; i.e., several buildings would

2007 RRC SOW, Page 11 require the contractor to determine the number of staff needed to safely and securely supervise the federal offenders. The contractor will notify the CCM of any unforeseen circumstances which may affect the safety, security or orderly running of the

RRC.

e. 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:

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

2) 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 offenders.

The CO is the deciding authority for any adjustments to the staff/offender ratio. The contractor will comply with any change(s) to the ratio as directed by the CO.

3. PERSONNEL RECORDS - The contractor will maintain a complete and current personnel file for each employee. All personnel files must be stored in a locked compartment accessible to senior management staff only. The contractor will ensure the files are readily available for BOP review upon request.

The contractor will have a written personnel manual specifically for the respective facility. The personnel manual is a separate manual from the operations manual. The policies and procedures will cover 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

a. Employee Evaluation - The contractor will 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

2007 RRC SOW, Page 12 employee and evaluator and maintained in the employee’s personnel file.

b. Affirmative Action - The contractor will have a written policy specifying that equal employment opportunities exist for all positions. Full consideration will 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 will 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 will not prevent women from working in male offender programs or men from working in female offender programs.

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

d. Social Security Card - The contractor will 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, permanent resident or other person lawfully admitted into the United States, meeting the DOJ residency requirements set forth in Section I of the solicitation.

e. Training - The contractor will develop an employee training program in addition to any BOP provided training.

1) Staff Training - Prior to working with federal inmates all staff must receive training on their respective duties and responsibilities. The contractor will document the employees' understanding and participation, to include time and date of completion. A copy will be maintained in the employee’s personnel file.

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

• Discipline procedures for offenders;

• Demonstrate working knowledge and competency of the discipline procedures by passing the standardized test administered by the COTR;

• Emergency plans;

2007 RRC SOW, Page 13

• 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.

3) 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.

4) Staff Retention - The contractor will develop a retention program designed to minimize employee turnover. If there are breakdowns in accountability or programming as a result of the contractors failure to implement a successful retention program, adverse contracting action may be taken by the Bureau.

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

The contractor will secure a completed and signed REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION form, Attachment A, for all individuals the contractor has determined are appropriate for employment and any person who will work with federal offenders.

The contractor will then submit this form to the CCM. The CCM will begin the fingerprint and background checks. The contractor will only request the BOP conduct background checks on persons they have offered conditional employment. The contractor will 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.

The contractor will not submit the name of any person the contractor does not employ or intend to employ.

This person will not begin working with federal offenders before clearance is obtained from the CCM. The CCM may grant the person

2007 RRC SOW, Page 14 temporary clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate. The contractor will understand that the granting of final approval will not occur until after the CCM receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate.

The CCM will ordinarily approve a person to work with federal offenders in accordance with guidelines established in the current version of the P.S. 7570, Contract Staff Integrity for Privately Operated Community Corrections Residential Facilities.

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.

The contractor will voucher potential employees through reference and employment checks. The contractor will document information regarding reference and employment checks in the employee's personnel file. The contractor will verify training and experience of all staff. This includes credentials for all professional staff. The contractor will document the verification in the personnel file and make it available during inspections.

The facility director may be required to fingerprint proposed staff as directed by the COTR. The completed fingerprint cards will be mailed to the CCM for processing.

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

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

• The contractor will require its…