Section3.pdf

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICES AND PRICES/COSTS

The contracts resulting from this solicitation will be a fixed-price type contract for services incorporating an award-fee provision. At the sole discretion of the Government, an award-fee may be issued to the contractor in recognition of quality performance as outlined in Section J.

The period of performance for any contract which the Government may award under the terms and conditions of this RFP will be for a four-year Base Period, with three two-year Option Periods.

PRICING INSTRUCTIONS

Offerors must submit offer(s) for the total four year Base Period and three two-year option periods.

In the event funds are not available after the first, second, third or fourth year of the Base Period or after the first year of any of the two-year option periods, the Government reserves the right to cancel the contract in accordance with FAR 52.217-2, Cancellation Under Multiyear Contracts.

*Pricing Schedule Option A is to be priced eliminating the requirement in Section C entitled STAFFING PLAN,(see page 8).

In the event the contract is cancelled after the first year of the Base Period because funds are not available, the contractor will be compensated in accordance with FAR 52.217-2, Cancellation Under Multiyear Contracts, up to the cancellation ceilings set forth below:

Base Year 2 - 30% of the total Base Period price

Base Year 3 - 15% of the total Base Period price

Base Year 4 - 7.5% of the total Base Period price

In the event the contract is cancelled during an option period because funds are not available, the contractor will be compensated for the second year of the option period in accordance with FAR 52.217-2, Cancellation Under Multiyear Contracts, up to the following cancellation ceiling: 7.5% of the second year of that option period price.

PRICING SCHEDULES

For purposes of price evaluation and according to the above instructions, offerors must enter their proposed prices on the following attached Pricing Schedule and the Option A Pricing Schedule.

For pricing purposes and other references through the RFP, the term “contract beds” means the number of federal inmates incarcerated on a daily basis. If awarded a contract, the contractor will be required to house a daily population up to 15% over 100% of the number of contract beds, including the 10% segregation beds.

< Four-Year Base Period - For the Base Period, offerors must submit:

(1) a Monthly Ramp Up Price;

(2) a Monthly Operating Price (MOP);

(3) a Fixed Incremental Unit Price (FIUP); and

(4) a total price for each year of the Base Period, combining the MOP and the FIUP (calculations should be based on a daily population of 115% of contract beds).

< Two-Year Option Periods - Offerors must follow the directions provided above for each year of the option periods, with the exception of the Monthly Ramp Up Price which is already provided in the pricing for Base Year #1. Offerors must provide a total price for each year of the option periods, combining the MOP and the FIUP (calculations should be based on a daily population of 115% of contract beds).

< Monthly Ramp Up Price - The Monthly Ramp Up Price will apply at the beginning of the contract when the average number of inmates housed in a monthly payment period equals 50% or less of contract beds. Once the population exceeds 50% of contract beds, the MOP will apply regardless of the number of inmates, until the end of the contract.

< Monthly Operating Price (MOP) - The MOP will apply after the Ramp Up Period when the average number of inmates housed in a monthly payment period exceeds 50% of contract beds.

< Fixed Incremental Unit Price (FIUP) - Depending on the pricing structure of the awarded contract, the FIUP is the unit price per inmate day that will apply when the average number of inmates housed in a monthly payment period exceeds 90% of contract beds (see Pricing Schedule). The contractor will be required to house a daily population up to 15% over 100% of the number of contract beds, or, in other words, a daily population of 115% of the contract beds.

Payment - Monthly payments will begin after Notice to Proceed is issued and inmates begin entering the institution. Notice to Proceed will take effect on the first day of a calendar month.

OFFEROR: LOCATION:

90% PRICING SCHEDULE - BASE PERIOD

100% CONTRACT BEDS: Number of Contract Beds__________ 115% CONTRACT BEDS: Number of Contract Beds___________

FIUP will apply when the average number of inmates, in a monthly payment period, exceeds 90% of the contract beds (See FIUP calculation explanation, page 10)

BASE YEAR #1 (12 MONTHS)(includes Ramp Up Price)

Inmates up to (50%)

Monthly Ramp Up Price (Estimated 3 months):

$ Per month

(50%+1) Inmates to(90%)

Monthly Operating Price (MOP)(Estimated 9 months):

$ Per month

(90%+1) Inmates (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Day:

$ Per day

Total Price (Ramp Up X 3 Months)+(MOP X 9 Months)+(FIUP to 115%):$ FIUP Can only apply to the nine month period and should be calculated as such.

BASE YEAR #2 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP x 12 Months)+(FIUP to 115%): $

BASE YEAR #3 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Per Day:

Total Price (MOP x 12)+(FIUP to 115%): $

BASE YEAR #4 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Price Per Inmate Day:

Total Price (MOP x 12)+(FIUP to 115%): $

OFFEROR: LOCATION:

90% PRICING SCHEDULE (cont. page)- OPTION PERIODS 100% CONTRACT BEDS: Number of Contract beds_______ 115% CONTRACT BEDS: Number of contract Beds_______

FIUP will apply when the average number of inmates, in a monthly payment period, exceeds 90% of the contract beds

OPTION PERIOD #1 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #1 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #2 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #2 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #3 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #3 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

*Option A OFFEROR: LOCATION:

90% PRICING SCHEDULE - BASE PERIOD

100% CONTRACT BEDS: Number of Contract Beds__________ 115% CONTRACT BEDS: Number of Contract Beds___________ FIUP will apply when the average number of inmates, in a monthly payment period, exceeds 90% of the contract beds (See FIUP calculation explanation, page 10)

BASE YEAR #1 (12 MONTHS)(includes Ramp Up Price)

Inmates up to (50%)

Monthly Ramp Up Price (Estimated 3 months):

$ Per month

(50%+1) Inmates to(90%)

Monthly Operating Price (MOP)(Estimated 9 months):

$ Per month

(90%+1) Inmates (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Day:

$ Per day

Total Price (Ramp Up X 3 Months)+(MOP X 9 Months)+(FIUP to 115%):$ FIUP Can only apply to the nine month period and should be calculated as such.

BASE YEAR #2 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP x 12 Months)+(FIUP to 115%): $

BASE YEAR #3 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Per Inmate Per Day:

Total Price (MOP x 12)+(FIUP to 115%): $

BASE YEAR #4 (12 MONTHS)

Inmates up to(90%)

Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%)

Fixed Incremental Unit Price (FIUP) Price Per Inmate Day:

Total Price (MOP x 12)+(FIUP to 115%): $

*OPTION A OFFEROR: LOCATION:

90% PRICING SCHEDULE (cont. page)- OPTION PERIODS 100% CONTRACT BEDS: Number of Contract beds_______ 115% CONTRACT BEDS: Number of contract Beds_______

FIUP will apply when the average number of inmates, in a monthly payment period, exceeds 90% of the contract beds

OPTION PERIOD #1 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #1 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #2 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #2 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #3 (Year 1)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

OPTION PERIOD #3 (Year 2)

Inmates up to(90%) Monthly Operating Price

(MOP):

(90%+1)Inmates up to (115%) Fixed Incremental Unit Price (FIUP) Per Inmate Day:

Total Price (MOP X 24)+(FIUP to 115%): $

Explanation for calculation of FIUP total:

(Fixed Incremental Unit Price per inmate) X (# of inmates above Fixed

MOP) X (365)

First, figure the number of inmates for the FIUP. For 1,000 contract beds offered at 100%, in the 90% schedule, the FIUP percentage up to 115% would be 250 contract beds (1150 - 900). If the FIUP per inmate day is $10, then the FIUP for one year would be $10 X 250 X 365 = $912,500.

If discrepancies exist between the unit prices, including the FIUP, and the total prices, the unit prices will govern.

STATEMENT OF WORK

RFP-PCC-0010- CAR 6

Section C Table of Contents

INTRODUCTION

EXPLANATION OF STATEMENT OF WORK TERMS

PERFORMANCE OBJECTIVES

A. Contract Performance B. General Administration C. Fiscal Management D. Personnel E. Training and Staff Development F. Case Records (Inmate Files) G. Information Systems and Research H. Physical Plant I. Security and Control J. Discipline K. Inmate Rights L. Reception and Orientation M. Classification N. Health Care O. Work and Correctional Industries P. Academic and Vocational Education Q. Recreation and Activities R. Telephone

INTRODUCTION1

This Statement of Work (SOW) sets forth the contract performance2 requirements for the management of a contract correctional3 institution(s) to accommodate approximately 7,000 beds for a low4 security adult male population consisting primarily of criminal aliens. 5 The criminal alien population will ordinarily be low security non-U.S.6 citizen, primarily Mexican, adult males with sixty months or less7 remaining to serve on their sentences. Faith Based and Community8 Organizations can submit offers equally with other organizations for9 contract beds for which they are eligible.10

The proposed facility(ies) shall be an existing institution or a complex11 of institutions in the same locality to accommodate approximately 900 to12 3,000 beds on a daily basis. The proposed facility must be located in13 Arizona, California, Louisiana, New Mexico, Oklahoma or Texas. The14 institution shall include a special housing unit (segregation) with a15 capacity of at least 10 percent of the accepted number of contract beds. 16 The contractor will be required to house a daily population up to 1517 percent over the accepted number of contract beds. 18

Expansion or renovation of existing facilities is permitted if completed19 within 270 calendar days after contract award when a Finding of No20 Significant Impact (FONSI) as required by the National Environmental21 Protection Act (NEPA) exists. When a FONSI does not exist, as required22 by NEPA, expansion or renovation of existing institutions will be23 permitted if completed within 270 days after contract award and may not24 exceed 20% of the existing square footage proposed. 25 The contractor shall ensure that the facility operates in a manner27 consistent with the mission of the Bureau of Prisons (BOP). The BOP's28 mission is the protection of society by confining offenders in the29 controlled environments of prisons and community-based facilities that30 are safe, humane, cost efficient and appropriately secure, that provide31 work and other self-improvement opportunities to assist inmates in32 becoming law abiding citizens.33

Contract performance shall begin when the Contracting Officer (CO)34 issues the Notice to Proceed (NTP). Performance shall be for a four-35 year base period with three (3) two-year options, exercised unilaterally36 by the Government, for a potential term of ten years.37

Within 120 days of contract award, the contractor shall be ready to38 begin accepting inmates and assume full responsibility for the39 operation, maintenance and security of the institution. This may occur40 earlier at the request of the contractor, but only if the BOP determines41 the contractor is capable of accepting inmates. 42

Prior to issuance of NTP, the BOP will perform numerous assessments to43 ensure the contractor is prepared to accept responsibility for44 performing all requirements of the contract. 45

Thirty (30) days prior to the contractor’s expected NTP date, the1 contractor shall notify the CO in writing it is ready to accept inmates2 and assume full responsibility for the operation, maintenance and3 security of the institution. 4

Prior to the contractor’s written request for NTP, it is essential that5 the contractor be fully prepared to accept responsibility for performing6 all requirements of the contract, thus ensuring the safety and security7 of the community, institution staff, and inmates. The contractor shall8 facilitate the assessment process by accommodating all requests for9 information or assistance. 10

Unless otherwise specified, all plans, policies, and procedures,11 including those identified in the most current edition of American12 Correctional Association (ACA) Standards for Adult Correctional13 Institutions (ACI), (ACA/ACI Standards), shall be developed by the14 contractor and submitted in writing to the Contracting Officers15 Representative (COR) for review and concurrence prior to issuance of the16 NTP. Once concurrence has been granted, these plans, policies and17 procedures shall not be modified without the prior written18 acknowledgment of the COR.19

The NTP will be issued subsequent to receiving the contractor’s20 notification that it is prepared to receive inmates and the BOP’s sole21 determination that the contractor is capable of accepting inmates. The22 contractor shall be prepared to accept inmates immediately upon issuance23 of the NTP.24

It is anticipated the BOP will predominantly designate non-U.S. citizens25 with deportation orders to the institution, however, the BOP may26 designate any inmate within its custody utilizing the same designation27 criteria that is used at other BOP facilities. P.S. 5100, Security28 Designation and Custody Classification Manual, outlines the procedures29 for designating inmates.30

Designations to the institution are anticipated to occur at an estimated31 rate of 80 inmates per week. The estimated weekly designation of 8032 inmates to the institution would result in a population of approximately33 1,000 - 3,000 inmates in 12 - 36 weeks. The institution activation34 schedule of 80 inmates per week is an estimate only. Actual35 designations will depend upon many factors, including but not limited36 to: the contractor's ability to provide services in accordance with the37 contract; sentencing by the Federal Courts; and the designation process.38

The contractor does not have a right of refusal and shall accept all39 designations from the BOP. The contractor shall not make any changes to40 existing non-BOP populations (security level, classification, etc.)41 without the prior written approval of the CO.42

After award, the contractor is prohibited from constructing any43 additional bed space or facilities at the contract location without the44 prior written approval of the CO. 45

The contractor shall furnish all personnel, management, equipment,1 supplies and services necessary for performance of all aspects of the2 contract. Unless explicitly stated otherwise, the contractor is3 responsible for all costs associated with and incurred as part of4 providing the services outlined in this contract.5

EXPLANATION OF STATEMENT OF WORK TERMS1

ACA/ACI - American Correctional Association - Adult Correctional2 Institution. The private, nonprofit organization that administers the3 only national accreditation program for all components of adult and4 juvenile corrections. Its purpose is to promote improvement in the5 management of correctional agencies through the administration of a6 voluntary accreditation program and the ongoing development and revision7 of relevant, useful standards. 8

BOP - Federal Bureau of Prisons.9

CO - Contracting Officer. A Government employee, who by virtue of a10 Contracting Officer’s Warrant, is the only government employee11 authorized to negotiate, award, administer, cancel or terminate12 contracts on behalf of the United States Government. 13

Contractor - The entity to whom the Government has awarded the contract.14

Contract Award Date - The date the CO signs the contract.15

Contract Day - A “day” is considered a calendar day.16

COR - Contracting Officer's Representative. The Government employee,17 designated in writing by the CO, authorized to perform certain limited18 functions on behalf of the CO. The extent of COR responsibilities are19 outlined in Section G of the contract and the COR Designation Letter,20 which will be provided to the contractor. Typically, the COR is the21 Privatization Field Administrator (PFA).22 COTR - Contracting Officer's Technical Representative. Government24 staff, designated in writing by the CO, who assist the CO and COR in the25 performance of duties. The extent of COTR responsibilities are outlined26 in Section G of the contract. COTR responsibilities are delineated in27 writing by the CO and will be provided to the contractor. Typically,28 the COTR is the Senior Secure Institution Manager. 29

Credentials - Documents permitting primary source verification regarding30 qualifications including education, training, licensor, experience, and31 board certification of an employee.32

DOJ - Department of Justice.33

DHO - Discipline Hearing Officer. The Government trained and certified34 contractor employee responsible for conducting disciplinary hearings.35

Emergency - Any significant disruption of normal institution procedure,36 policy or activity caused by inmate disturbances, work or food strikes,37 food borne illness, escapes, fires, natural disasters, employee strikes38 or work stoppages, or other serious incidents.39

FBI - Federal Bureau of Investigation.40

FOIA Exempt - Information which is exempt from release under the Freedom1 of Information Act, 5 U.S.C. 552.2

Former Inmate - A person who has been found guilty of committing a3 felony or misdemeanor for whom less than one year has elapsed since4 release from custody or any type of supervision.5

HSU - Health Services Unit. The organizational unit providing routine6 and emergency health care. The HSU is the designated part of a facility7 delivering care to inmates on an ambulatory or observation basis.8

ICE - Immigration and Customs Enforcement.9

Inmate - An individual confined under the auspices and authority of the10 BOP or under supervision of a Federal court.11

Inmate Records - Information concerning an inmate's personal, criminal12 and medical history, behavior and activities while in custody. This may13 include detainers, personal property receipts, visitor lists,14 photographs, fingerprints, disciplinary infractions and actions taken,15 grievance reports, work assignments, program participation,16 miscellaneous correspondence, forms prescribed by Government policy,17 etc.18

JCAHO - Joint Commission on Accreditation of Health Care Organizations.19

Lethal Force - The force a person uses with the purpose of causing, or20 which they know, or should know, would create a substantial risk of21 causing death or serious bodily harm.22

Limited Official Use Only - Information which is unclassified23 information of a sensitive, proprietary or personally private24 nature which must be protected against release to unauthorized25 individuals.26

MOAR - Minimum Operational Availability Rate. The monthly rate for27 computer services/resource components which is a percentage 28 calculated by dividing the accumulated monthly down time hours by the29 total number of hours of operation for a given month.30

Negative Pressure Room - a room where the direction of air flow is31 controlled by creating a lower (negative) pressure in the area into32 which flow of air is desired.33

NTP - Notice To Proceed. The official written notice signed and issued34 by the CO which authorizes the contractor to proceed with the contract35 and begin providing services under the contract. The contractor shall36 be prepared to accept inmates immediately upon issuance of the NTP.37

OIG - Office of the Inspector General, Department of Justice.38

P.S. - Program Statement. A BOP written document that establishes39 policy in a given area. The contractor shall adhere to the most current1 version.2

Records Office - The office responsible for maintaining records,3 coordination of movement and other related functions.4

Safety Equipment - Including, but not limited to: fire fighting5 equipment (e.g., chemical extinguishers, hoses, nozzles, water supplies,6 alarm systems, portable breathing devices, gas masks, fans, first aid7 kits, stretchers). 8

SENTRY - The BOP’s online, real-time database system, used primarily for9 maintaining information about Federal inmates. It contains information10 about sentencing, work assignments, admission/release status and other11 special assignments for monitoring inmate status. The SENTRY system12 also includes property management and other modules which address most13 aspects of incarceration. 14

Subcontract - Any agreement entered into by the contractor who was15 awarded the contract (“prime contractor”) with another entity to provide16 services and supplies to accomplish performance of the contract.17

Subcontractor, full time - an individual performing work in the contract18 facility which requires performance in excess of 29 or more total days19 or 232 hours which can be accrued incrementally (i.e., 2 hours per week,20 3 days per week) or in a one month period. 21

Subcontractor, part time - an individual performing work in the contract22 facility which requires performance of 29 total days (232 hours) or less23 which is accrued incrementally (i.e. 2 hours per week, 3 days per week)24 or 29 days. Part-time subcontractors shall be escorted at all times25 while in the institution or, when outside the institution, if the26 possibility exists of coming into contact with inmates.27

Telehealth - The provision of clinical care and health care services28 (administration, education, etc.) through the use of electronic29 communication and information technologies across geographic and time30 barriers.31

USMS - United States Marshals Service.32

Warden - The contractor's official, regardless of title (e.g., Chief33 Executive Officer (CEO) or Facility Administrator), who has ultimate on-34 site responsibility for the overall management and operation of a35 facility.36

Additional definitions are contained in the American Correctional37 Association (ACA) Standards for Adult Correctional Institutions (ACI)38 and Standards Supplement. 39

PERFORMANCE OBJECTIVES1

A. Contract Performance2

All services and programs shall comply with the SOW; the U.S.3 Constitution; all applicable federal, state and local laws and4 regulations; applicable Presidential Executive Orders (E.O.); all5 applicable case law; and Court Orders. Should a conflict exist between6 any of the aforementioned standards, the most stringent shall apply. 7 When a conflict exists and a conclusion cannot be made as to which8 standard is more stringent, the CO shall determine the appropriate9 standard. The contractor shall comply with and implement any applicable10 changes to BOP policy, Department of Justice (DOJ) regulation,11 Congressional mandate, Federal law, DC law, or E.O. Should the12 Government invoke such changes, the contractor retains rights and13 remedies (i.e., equitable adjustment) under the terms and conditions of14 the contract. 15

BOP reserves the right to have various staff on site to monitor contract16 performance. The Government reserves its rights to conduct announced17 and unannounced inspections of any part of the institution at any time18 and by any method to assess contract compliance.19

B. General Administration20

The contractor is required to perform in accordance with the most21 current editions of the ACA ACI Standards. The contractor shall obtain22 ACA accreditation within 24 months of NTP and shall maintain continual23 compliance with all ACA ACI Standards during the performance of the24 contract, unless otherwise specified by the CO. Once full accreditation25 has been obtained, the contractor shall maintain this accreditation26 throughout the life of the contract, inclusive of any option periods27 exercised. Failure to perform in accordance with contract requirements28 and to obtain ACA accreditation within 24 months from NTP may, at a29 minimum, result in a reduction of the monthly operating price in30 accordance with the contract terms.31

Accomplishment of some ACA ACI Standards is augmented by BOP policy32 and/or procedure. In these instances, the SOW identifies and provides33 direction for the enhanced requirements. The contractor shall use the34 most current version of the BOP policy. 35

This SOW contains numerous references which direct the contractor to36 notify, contact or provide the CO or COR with information or data. 37

The contractor is responsible for development and administration of a39 comprehensive Quality Control Program (QCP) which ensures all40 requirements of this contract are achieved. The specific requirements41 for the QCP are detailed in Section J.42

Several sections of this SOW require the contractor to maintain a system1 of records identical to the BOP. The contractor shall not establish a2 separate system of records without prior written approval of the CO. 3 All records related to contract performance shall be retained in a4 retrievable format for the duration of the contract. Except as5 otherwise expressly provided in this SOW, the contractor shall, upon6 completion or termination of the resulting contract, or upon request,7 transmit to the Government any records related to performance of the8 contract.9

The contractor shall comply with all statutes, regulations and10 guidelines from the National Archives and Records Administration. 11 Records and information management functions are required and mandated12 by the following regulations: 44 U.S.C. 21, 29, 31 and 33; 36 Code of13 Federal Regulations (CFR) Chapter 12 sub-chapters A and B; OMB Circular14 A-130; and DOJ Order 2710.8C, Removal and Maintenance of, and Access to,15 Documents. Criminal penalties for unlawfully destroying, damaging or16 removing federal records is addressed in 18 USC 2071, 793, 794 and 798.17

The contractor shall protect, defend, indemnify, save and hold harmless18 the United States Government, the BOP and its employees or agents, from19 and against any and all claims, demands, expenses, causes of action,20 judgments and liability arising out of, or in connection with, any21 negligent acts or omissions of the contractor, its agents,22 subcontractors, employees, assignees or any one for whom the contractor23 may be responsible. The contractor shall also be liable for any and all24 costs, expenses and attorneys fees incurred as a result of any such25 claim, demand, cause of action, judgment or liability, including those26 costs, expenses and attorneys fees incurred by the United States27 Government, the BOP and its employees or agents. The contractor’s28 liability shall not be limited by any provision or limits of insurance29 set forth in the resulting contract.30

In awarding the contract, the Government does not assume any liability31 to third parties, nor will the Government reimburse the contractor for32 its liabilities to third parties, with respect to loss due to death,33 bodily injury, or damage to property resulting in any way from the34 performance of the contract or any subcontract under this contract.35

The contractor shall be responsible for all litigation, including the36 cost of litigation, brought against it, its employees or agents for37 alleged acts or omissions. The CO shall be notified in writing of all38 litigation pertaining to this contract and provided copies of any39 pleadings filed or said litigation within five working days of the40 filing. The contractor shall cooperate with Government legal staff41 and/or the United States Attorney regarding any requests pertaining to42 federal or contractor litigation.43

Policies and procedures shall be developed to ensure a positive44 relationship is maintained with all levels of the federal judiciary. 45 The contractor’s procedures shall ensure a tracking system is46 established which mandates that all judicial inquiries and program1 recommendations are responded to in a timely and accurate manner. All2 judicial inquiries and contractor responses specifically related to an3 inmate, shall be made part of the inmate's central file.4

The contractor shall notify the COR immediately when a request is made5 by a member of the United States Congress for information or to visit6 the institution. All responses to Congress shall be cleared, in7 advance, by the COR.8

The COR shall be notified when a request is made for inmate or employee9 interviews or visits to the institution by any representative of the10 media as defined by P.S. 1480., News Media Contacts. The contractor11 shall permit inmate interviews by legitimate media consistent with P.S.12 1480. 13

The contractor shall coordinate, in advance, all public information14 related issues with the COR. All press statements and releases shall be15 cleared, in advance, with the COR.16

The contractor shall promptly make public announcements stating the17 facts of unusual newsworthy incidents to local media. Examples of such18 events include, but are not limited to: deaths by other than natural19 causes; escapes from custody; and institution emergencies.20

The contractor shall ensure employees agree to use appropriate21 disclaimers clearly stating the employees' opinions do not necessarily22 reflect the position of the BOP or DOJ in any public presentations they23 make or articles they write that relate to any aspect of contract24 performance or the facility operations.25

C. Fiscal Management26

A commissary shall be operated by the contractor as a privilege for27 inmates. The commissary shall have items available for purchase that are28 not required to be furnished by the contractor, in accordance with the29 objectives of the contract. Inmates shall have the opportunity to30 purchase from the commissary at least once a week. A copy of the31 commissary inventory shall be provided to the BOP upon request.32

The contractor shall refer to specific chapters of BOP P.S. 4500., Trust33 Fund/Warehouse/Laundry Manual for management of the commissary34 operations, as indicated below. 35

The contractor shall ensure that inmates spend no more on purchases than36 the BOP spending limit. The contractor shall not sell or stock items37 which are prohibited by the BOP as defined in P.S. 4500., Chapter 4522.38

The mark-up for commissary items shall not exceed the BOP mark-up39 formula as defined by P.S. 4500., Chapter 4523, however the contractor1 may define a lower mark-up. The contractor may assess state sales tax2 to the items if state sales tax is applicable.3

Inmates will be permitted to receive funds from outside sources (i.e.,4 from family, friends, bank accounts). Outside funds or those generated5 from work may be used to pay for products and services from the6 commissary. 7

If inmate funds are placed in an interest bearing account, the interest8 earned must be credited to the inmate. 9

Procedures shall be established for transferring inmate personal funds10 upon release from the institution, transfer to another institution or11 when an inmate requests a funds transfer to an outside source. The12 contractor shall ensure that all inmates who are scheduled for removal13 to foreign destinations are given all funds immediately prior to release14 from the institution. Transfer of inmate funds shall occur within five15 working days upon release from the institution, transfer to another16 institution, or when an inmate requests a funds transfer to an outside17 source.18

The contractor may use commissary profits as incentive pay for inmates19 participating in education and vocational programming. Procedures shall20 be developed in accordance with 28 CFR 545 and P.S. 5251., Work and21 Performance Pay Program, Inmate.22

Inmate Benefit Fund - Any revenues earned in excess of those needed for23 commissary operations shall be used to provide benefit to all inmates,24 via an inmate benefit fund. The contractor may use P.S. 4500., Chapter25 4504, as a guide for appropriate expenditures from this fund, however,26 prohibited items, as defined by the BOP, shall not be purchased with27 commissary revenues. Individual expenditures from the inmate benefit28 fund that exceed $10,000, shall be approved by the contractor’s29 corporate office. Records of inmate benefit fund expenditures shall be30 maintained on site at the contract facility and available for review by31 the BOP. The contractor shall ensure that an annual audit, consistent32 with current ACA/ACI standards, includes the inmate benefit fund. At33 the conclusion of the contract, the inmate benefit fund shall revert34 back to the Government. Any interest earned on this fund shall be35 credited to the inmate benefit fund.36

Unclaimed Inmate Funds - The contractor shall exhaust all avenues to37 locate inmates and forward their inmate account balances. If, after38 three months, the inmate cannot be located, the contractor shall forward39 the inmate account balance to the BOP as instructed below:40

1) Check made payable to the individual inmate must contain the41 inmate’s full name and register number. The sender’s name must be42 included on the check and/or mailing envelope.43

2) Check made payable to the BOP, for the purposes of consolidating1 several inmate account balances, must be accompanied by a Field2 Submission Form, provided by the BOP.3

3)The Field Submission Form shall list the inmate’s full name,4 register number and amount to be credited to the inmate. One Field5 Submission Form shall be completed for each check.6

4) Unclaimed funds shall be sent to the Centralized Lockbox7 Collection at:8

Federal Bureau of Prisons9 Inmate Name/Register Number 10 Trust Fund Branch/Deposit Fund11 320 First St. NW Room 500512 Washington, DC 20534 13

D. Personnel14

For purposes of the Personnel portion of the contract, the terms15 employee, subject and applicant refer to any person applying to work for16 the contractor as an employee or subcontractor, or who may already be17 employed by the contractor, who has not previously completed the18 personnel security requirements detailed in this section of the contract19 and who has not received a favorable suitability adjudication from the20

BOP.21

The contractor shall have and maintain a Personnel Policy Manual22 applicable to this contract.23

STAFFING PLAN24

The number, type and distribution of staff as described in the contract25 staffing plan shall be maintained throughout the term of the contract. 26 Written requests to change the number, type and/or distribution of staff27 described in the staffing plan must be submitted to the CO for approval28 prior to implementation. Staffing levels shall not fall below a monthly29 average of 95% of the BOP approved staffing plan.30

Each month, the contractor shall submit to the CO the current average31 monthly vacancy rate, and indicate any individual positions that have32 been vacant more than 120 days.33

Failure to fill any individual position within 120 days of the vacancy34 may result in a deduction from the monthly invoice. The BOP may35 calculate the deduction retroactive to day one of the vacancy, excluding36 the days for the BOP’s conditional approval process, starting on the day37 of receipt and concluding on the day conditional approval is granted. 38

EMPLOYMENT PROCEDURES1

The Warden or designee shall be the contractor’s contact person for all2 matters regarding the processing of contractor personnel.3

Prior to employees entering on duty (EOD) at the facility, the4 contractor shall ensure the following steps are completed for each5 applicant, full or part time, as listed below:6

1)Conduct a Credit Check for employment purposes as described in7 the Fair Credit Reporting Act;8

2)Coordinate the process for BOP staff to conduct criminal history9 checks - National Crime Information Center (NCIC) and National Law10 Enforcement Telecommunication System (NLETS);11

3) Conduct a pre-employment interview;12

4) Perform a Law Enforcement Agency Check for the past five years;13

5) Complete an Employment Eligibility Verification (DOJ-INS Form I-14 9);15

6) Voucher the applicant’s employment record for the past five16 years;17

7) Certify the applicant is a U.S. citizen (see below- Other18 Requirements);19

8) Certify the applicant has met the residency requirements (see20 below - Other Requirements).21

The determination for employment suitability must be made using the23 BOP’s current Guidelines of Acceptability. Based on steps #1-8 and the24 Guidelines of Acceptability, the contractor will determine if the25 applicant is suitable for employment. The Warden shall certify that26 steps #1 through #8 have been completed with satisfactory results and27 submit this certification with the applicant’s information to the BOP28 for conditional approval. The applicant’s information shall include the29 following: full name, date of birth, social security number and position30 applied for. 31

After receiving the BOP’s conditional approval, the contractor shall32 proceed with the following steps:33

9) Complete and submit FBI Fingerprint forms;35

10) Conduct a urinalysis in accordance with P.S. 3735., Drug Free36 Workplace;37

11) Applicant shall complete Questionnaire for Public Trust38 Positions, SF-85P, or approved equivalent;39

12) Applicant shall complete Supplemental Questionnaire or Selected40 Positions (OPM form 85P-S), or approved equivalent;41

13) Notify COR of Limited Background Investigation (LBI initiation.42

Positions requiring the OPM form 85P-S, or equivalent, are those43 employees required to carry firearms during the course of their1 employment.2

Contractor responsibilities subsequent to Enter on Duty (EOD) date:3

14) Notify COR within 24 hours of actual EOD;4

15) Receipt and review of Limited Background Investigation (LBI)5 report (Section J).6

The BOP retains authority to approve all contractor staff,8 subcontractors and volunteers, who work or have contact with federal9 inmates under the terms of this contract. No individual who is under10 supervision or jurisdiction of any parole, probation or correctional11 authority shall be employed. 12

The contractor shall develop procedures to coordinate with the BOP to13 process and initiate NCIC/NLETS functions in accordance with PS 1280.,14 JUST, NCIC and NLETS Telecommunications Systems (Management and Use) for15 criminal history checks to maintain institution security. NCIC/NLETS may16 not be utilized for Justice Employment checks. The contractor shall17 adhere to the Federal Bureau of Investigation (FBI) Criminal Justice18 Information Services (CJIS) Security Addendum as included in Section J19 of the contract. The contractor shall ensure that use of NCIC/NLETS is20 performed only to the direct benefit and furtherance of the contract. 21

Within one year of each on-site employee’s EOD, the contractor shall22 obtain, review, identify and resolve derogatory information contained on23 the LBI results using the Adjudication Standards for Resolving Limited24 Background Investigations and Periodic Reinvestigation, outlined in25 Section J. The contractor shall make a determination regarding the26 employee’s suitability for employment under this contract. 27 Investigations with little or no derogatory information will be reviewed28 and forwarded to the COR within 90 days of the investigation completion29 date. Investigations requiring resolution of derogatory information will30 be forwarded within 180 days of the investigation completion date. 31 Extended adjudication time frames, on a case-by-case basis, may be32 requested from the COR.33

Upon receipt, review and resolution of any derogatory information34 contained in the reinvestigation report, the Warden shall forward to the35 COR a written final determination regarding the employee’s continued36 employment under this contract. A copy of the reinvestigation report37 results shall be attached. 38

The contractor shall ensure all employees and full-time subcontractors39 are reinvestigated as prescribed in the Scope and Coverage of a Periodic40 Reinvestigation in Section J, of the contract. 41

The contractor shall maintain all personnel records, on-site, for the42 duration of the contract and make these records available to the Bureau1 upon request. 2

WAIVERS3

If the applicant does not meet the BOP’s Guidelines of Acceptability,4 and is still a desirable employee, the contractor may request a written5 waiver to the Guidelines, submitted to the COR, which includes:6

1) details and circumstances of the applicant’s behavior that is7 outside the Guidelines;8

2) reason(s) why the applicant should receive further9 consideration; and10

3) availability of other suitable applicants. 11

OTHER REQUIREMENTS12

The contractor shall not employ any individual who has a felony or14 misdemeanor conviction of domestic violence.15

The contractor shall not employ any individual who is not a United16 States citizen unless otherwise approved by the COR. Citizens in the17 United States include those who were: born in the United States (the18 fifty states, the District of Columbia, Puerto Rico, Guam (since 1950),19 or the U. S. Virgin Islands; born outside the United States to parents20 who are citizens of the United States, one of which was physically21 present in the United States or one of its outlying possessions for a22 continuous period of one year at any time prior to the birth of the23 person (in some situations only one person has to be a citizen);24 naturalized as a United States Citizen; or otherwise granted citizenship25 under authorities described in law, beginning at 8 U.S.C. 1401. For non-26 citizen applicants or subcontractors, the contractor must seek approval27 from the COR. Non-citizen applicants of subcontractors must be citizens28 of an allied nation as defined by the United States Office of Personnel29 Management (see http://www.opm.gov/employ/html/Citizen.htm ).30

All applicants or subcontractors, U.S. citizen or otherwise, must have,31 immediately prior to applying for a position: (1) resided in the United32 States three of the past five years; (2) worked for 33 the United States overseas in a federal or military capacity; or, (3)34 been a dependent of a federal or military employee serving overseas. 35

The BOP has final approval authority for non-citizen and non-residency36 employment for all potential employees and subcontractors.37

The contractor shall maintain verification of training and experience38 which shall include credentials for all professional staff. All39 credentials shall be kept current and maintained for the duration of the40 individual’s performance under the contract. 41

EMPLOYMENT AGREEMENT1

In the absence of a collective bargaining agreement, the contractor must2 enter into a written employment agreement with each employee assigned to3 work at the contractor’s facility. This agreement must provide that, in4 recognition of the public safety requirements for uninterrupted services5 at the contractor’s facility and in return for adequate consideration,6 including grievance procedures, the contractor employee agrees not to7 strike or otherwise interrupt normal operations at the contractor’s8 facility without giving 30 days advance written notice. 9

The contractor must ensure that a contingency plan covering work actions10 or strikes is developed and maintained in a secure location.11

In the event the contractor negotiates collective bargaining agreements12 applicable to the work force under the contract, the contractor must use13 its best efforts to ensure such agreements contain provisions designed14 to ensure continuity of services. All such agreements entered into15 during the contract period of performance should provide that grievances16 and disputes involving the interpretation or application of the17 agreement will be settled without resorting to strike, lockout, or other18 interruption of normal operations.19

For this purpose, each collective bargaining agreement should provide an20 effective grievance procedure with arbitration as its final step, unless21 the parties mutually agree upon some other method of assuring continuity22 of operations. As part of such agreements, management and labor should23 agree to cooperate fully with the Federal Mediation and Conciliation24 Service. The contractor shall include the substance of this clause25 (paragraph, provision, etc.) in any subcontracts for protective26 services.27

STAFFING29

The following are essential personnel with respective minimum30 qualification requirements and are critical for performance of the31 contract. The contractor may use other titles. Within fifteen days of32 contract award, the contractor shall submit a written request to the COR33 for conditional contractor employment approval of the Project34 Coordinator, Warden(s) and Associate Warden(s). The fifteen-day period35 may be extended for the Warden(s) and Associate Warden(s) positions, if36 requested in writing by the contractor and approved by the CO.37

Project Coordinator - Knowledge and experience within the last five38 years in planning and executing similar contract requirements as39 contained within this SOW. 40

Warden(s) - Knowledge of program objectives, policies, procedures41 and requirements for managing a secure correctional facility. A42 minimum of 10 years experience in corrections or related field with43 experience in the management of a correctional facility at the1 Associate Warden level or above.2

Associate Warden(s) - Knowledge of program objectives, policies,3 procedures and requirements for managing a correctional facility. 4 A minimum of 10 years experience in corrections or related field5 with five (5) years experience in the field of corrections at the6 level of mid-management.7

The essential personnel listed below are commonly referred to as8 department heads with the following qualification requirements9 considered critical for the performance of this contract: knowledge of10 program objectives, policies, procedures and requirements specific to11 their department. A minimum of five years experience specific to their12 department is required.13

Administrator, Religious Services 14 Case Management Coordinator15 Chief, Correctional Services16 Computer Services Manager17 Correctional Shift Supervisors18 Intelligence Officer19 Facilities Manager/Administrator20 Food Service Administrator21 Inmate Systems/Records Office Manager22 Medical Services Administrator 23 Quality Control Specialist 24 Safety/Environmental Specialist25

The Administrator, Religious Services shall meet the certification26 standards of the American Correctional Chaplains Association.27

SUBCONTRACTORS28

The contractor shall develop written procedures for the security and29 supervision of subcontractors that work on this contract. The30 procedures shall include record keeping, identification badges and31 escort protocols. The contractor shall include these procedures in the32 contractor’s Personnel Policy Manual. The contractor shall complete33 steps 1-15, as outlined in Employment Procedures above for each full-34 time subcontractor employee.35

The contractor, at a minimum, must complete the following for all part-36 time subcontractors:37

1) Employment Eligibility Verification form (DOJ-INS Form I-9); 38

2) Coordinate and process with BOP staff to conduct criminal history39 background information, e.g., National Criminal Information Center1 (NCIC/NLETS) and law enforcement checks; 2

The contractor shall use the current BOP Guidelines of Acceptability3 when determining subcontractor employment. 4

In addition, the contractor shall not hire any subcontractor, full or5 part-time who, under the following circumstances, knows any person or6 has any relatives who are currently incarcerated in the facility; has7 any criminal charges currently pending; is currently under any8 incarceration order, probation, or court supervision.9

Subcontractors are required to adhere to the contractor’s Standards of10 Conduct.