0402bop.pdf

(202) 234-4433 Neal R. Gross & Co., Inc.

U.S. DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

PRE-PROPOSAL CONFERENCE

IN THE MATTER OF: :

: RFP-PCC-0016

DC REQUIREMENT III (DC III):

Thursday, April 2, 2009

10:00 a.m.

Room 1002 400 First Street, N.W.

Federal Bureau of Prisons U.S. Department of Justice Washington, D.C. 20534

BEFORE:

ELLEN FIELDS, Privatization Management Branch ISAAC GASTON, Environmental Site Selection Specialist DOUGLAS MARTZ, Chief Privatized Corrections Contracting DOUG MOWELL, RDAP Administrator

AMANDA PENNEL, Contracting Officer CELIA SANTANA, Assistant Administrator, PMB

T-A-B-L-E O-F C-O-N-T-E-N-T-S

Introductions 5

Answers to Submitted Technical 8

Questions

Answers to Submitted Contracting 20

Questions

RDAP and VoTech Requirements Overview 24

Doug Mowell and Celia Santana

Environmental Information Requirements 39

Overview

Isaac Gaston

Small Business Subcontracting Overview 43

Douglas Martz

Open Floor Discussion 52

1 P-R-O-C-E-E-D-I-N-G-S

2 10:04 a.m.

3 MS. PENNEL: Good morning. And

4 welcome to the Federal Bureau of Prisons.

5 This is the Pre-Proposal Conference for RFP-

6 PCC-0016 for the D.C. III Requirement. My

7 name is Amanda Pennel. And I am the

8 contracting officer for this solicitation.

9 I'd just like to point out that we do have a

10 sign-in sheet in the back of the room on the

11 table. If you haven't done so, if you could

12 please just sign in prior to leaving the

13 conference with your contact information.

14 We'd appreciate it.

15 There's also copies of agendas on

16 the back table which just give the format for

17 today's conference. It also lists my contact

18 information if you need it.

19 I'd like to remind everybody that

20 nothing stated during this conference can

21 change the terms and conditions of RFP-PCC-

22 0016. Only an amendment to the solicitation

1 can alter the terms and conditions.

2 At this time, we'd like to go

3 ahead and give introductions for those at the

4 front table here. And we'll start with Ellen.

5 MS. FIELDS: Hi, I'm Ellen Fields, 6 Privatization Management Branch.

7 MR. MARTZ: I'm Doug Martz. The

8 Chief of Privatized Corrections Contracting.

9 MS. SANTANA: Good morning. Celia

10 Santana, Assistant Administrator, 11 Privatization Management Branch.

12 MR. MOWELL: Doug Mowell, Drug

13 Abuse Programs. Psychology Services.

14 MR. GASTON: Isaac Gaston, 15 Capacity Planning and Site Selection Branch.

16 MS. PENNEL: We do have a court

17 reporter here today, taking a transcript of

18 today's session. I'd just like to remind

19 everybody, when you do have a question, if you

20 don't mind approaching the podium up here. We

21 have a microphone set up there. And just

22 remember to speak loudly and clearly so that

1 she can make sure to transcribe everything

2 that you are saying.

3 The closing date for the

4 solicitation is Tuesday, May 19th, at 2 p.m.

5 All proposals must be submitted in accordance

6 with the instructions of the solicitation to

7 my attention by this date and time.

8 We ask that you please remember to

9 review Section L of the solicitation for all

10 proposal preparation instructions.

11 Any amendments to the solicitation

12 will be posted through the Federal Business

13 Opportunities website.

14 At this time, there are currently

15 no amendments posted. We do anticipate that

16 an amendment will be posted in the near

17 future. Which will incorporate some revised

18 documents to the solicitation. So please just

19 be aware of that and on the look out for that

20 amendment that will be coming shortly.

21 We'd also like to just give a

22 reminder that any information submitted in a

1 proposal that you as a contractor consider to

2 be propriety information please be sure to

3 mark this as such. And indicate it to us with

4 the submission of your proposal.

5 At this time we are going to go

6 ahead and go through some answers and

7 questions that were submitted to us. There

8 are 25 questions in total. We'll read the

9 questions and then the response. All the

10 questions are numbered. If you need further

11 clarification of any response that we give, 12 please note the number of the question and

13 address it during the open floor period. Any

14 additional questions that you have we ask that

15 you just wait until the open floor period to

16 raise those questions.

17 And we will begin with Ellen. She

18 is going to read through, I think about 20 of

19 the technical questions that were submitted.

20 And then I will follow up with

21 some of the contracting questions that were

22 submitted.

1 MS. FIELDS: Okay. Can everybody

2 hear me?

3 (No audible response.)

4 Okay. The first question is in

5 reference to Section C of the SOW. This

6 section of the solicitation provides that in

7 the absence of a collective bargaining

8 agreement, the contractor is to enter into an

9 individual employment agreement with each of

10 its employees wherein the employee agrees not

11 to strike without giving the contractor 30

12 days advance written notice of such intended

13 action.

14 Question; Will the BOP consider

15 changing the employees advance written notice

16 requirement from 30 days to 10 days? Our

17 response; No. The requirements for advanced

18 written notice will remain at 30 days.

19 Number 2, Section C of the SOW.

20 This section of the solicitation states, "To

21 satisfy the supervision component of drug

22 abuse treatment specialist certification the

1 psychologist must work towards certification

2 as a clinical substance abuse supervisor as

3 defined by the states' requirement where the

4 facility is located if not already certified."

5 Question; If the state in which

6 the proposed facility is located does not

7 require the psychologist to be certified as a

8 clinical substance abuse supervisor will the

9 BOP allow the contractor to follow the states'

10 substance abuse program license requirements?

11 Our response; No. The

12 psychologist is required to be certified or

13 licensed or working on his or her

14 certification for licensor.

15 Number 3 is also from Section C of

16 the SOW. This section of the solicitation

17 states, "The RDAP Program will work toward

18 becoming a licensed substance abuse program."

19 Question; Assuming there is not a

20 requirement under state law for the RDAP

21 Program to be licensed, is the BOP willing to

22 amend or waive this licensor requirement?

1 Our response; The licensor

2 requirement can only be waived if the state

3 documents that this is an in-prison drug abuse

4 program funded by the Federal Government and

5 is exempted from the state licensor

6 requirement.

7 4, also from Section C. Page 2, 8 line numbers 21 through 23 of the solicitation

9 states, "The institution shall be located

10 within a 500 mile radius of the U.S. capital

11 in Washington, D.C." However, on page 32, 12 line numbers 24 and 35, I'm sorry, 24 and 25

13 under the heading, "Inmate Transportation", 14 the RFP states, "The contractor is responsible

15 for the movement or transportation of all

16 inmates within a 400 mile radius of the

17 contract facility."

18 Question; The contractor is

19 seeking clarification regarding the apparent

20 discrepancy between the facility being located

21 500 miles from Washington, D.C. and the 400

22 mile radius for transportation.

1 BOP response; There is no

2 discrepancy. The contractor must provide

3 transportation for inmates within 400 miles of

4 the facility. Proposed facilities for this

5 solicitation must be within 500 miles of

6 Washington, D.C.

7 From Section L. This section of

8 the RFP states that, "Unless explicitly stated

9 otherwise the proposal text shall be typed

10 using courier new, size 12, 1.5 spaced

11 imprinted, unreduced on 8.5 x 11 inch paper."

12 Question; Due to the strict page

13 limitations and the fact that courier new is

14 a rather large font type may the proposer use

15 ariel narrow or a similar space conserving

16 font type as long as it remains size 12?

17 BOP response; No. The

18 requirement will remain that the offerors use

19 courier new 12 as the font type.

20 Number 6, also from the Section C.

21 Are the D.C. sentenced felons and the criminal

22 alien populations required to be separated in

1 any way?

2 Our response; No. The D.C.

3 sentenced felons and the criminal alien

4 populations are required to be separated --

5 are not required to be separated in any way.

6 Number 7. From Section C.

7 Approximately what percent of the inmates are

8 D. C. sentenced felons and what percent are

9 criminal aliens?

10 BOP response; There is no formula

11 or set number of D.C. offenders to be housed

12 for this solicitation. Currently, 13 approximately 57 percent of the population are

14 D.C. offenders. However, those numbers change

15 daily.

16 Number 8. From Section C. Will

17 the contractor be expected to provide inmate

18 transportation as part of the ramp up plan?

19 BOP response; Yes. The

20 contractor is expected to provide inmate

21 transportation as part of the ramp up plan.

22 Number 9. If the contractor is

1 required to provide inmate transportation

2 during ramp up will all of the inmates come

3 from the Rivers Correctional Institution? If

4 not, what are the other potential originating

5 facilities or locations and the estimated

6 number of inmates from each?

7 BOP response; This solicitation

8 is for the inmates that are or will be located

9 at the Rivers Correctional Institution. The

10 contractor who is awarded this contract will

11 be required to provide transportation for all

12 inmates within 400 miles of their facility if

13 the BOP makes that request.

14 Number 10. Is there an estimated

15 frequency and volume of inmate transportation

16 the contractor would be required to provide

17 within the 400 mile radius of the contract

18 facility?

19 BOP response; The contractor

20 should prepare the proposal based on the

21 knowledge that it will be required to incur

22 the cost of transportation up to a 400 mile

1 radius. The number of trips and inmates

2 currently being transported is subject to

3 change and varies from trip to trip. The

4 number of staff and type of vehicles is the

5 responsibility of the wining contractor using

6 sound correctional practices to meet the

7 contract requirements.

8 Number 11. What level of

9 transportation support is a contractor

10 expected to provide within a 400 mile radius?

11 Such as Monday through Friday with structured

12 service. Or 24/7.

13 BOP response; Transportation is

14 normally conducted Monday through Friday.

15 However, on occasion, the contractor may be

16 asked to support a weekend air lift mission

17 which will be coordinated by JPATS, onsite BOP

18 staff and the contractor.

19 Number 12. Does the requirement

20 for inmate transportation within the 400 mile

21 radius include transportation both to and from

22 the contract facility?

1 Our response; Yes.

2 Transportation is both to and from the

3 contract facility.

4 13. Are Smith and Wesson standard

5 10 ounce hand restraints and 15 ounce leg

6 restraints an acceptable alternative to

7 Peerless for one-for-one equipment exchanges?

8 BOP response; The Statement of

9 Work states the contractor shall utilize

10 restrained equipment identical to the BOP's

11 Peerless standard 10 ounce hand restraints

12 and 15 ounce leg restraints when one-for-one

13 equipment exchange is required such as air

14 lifts.

15 14. Please describe the

16 circumstances under which a one-for-one

17 equipment exchange would be required.

18 BOP response; One-for-one

19 equipment exchange will be required when

20 exchanging prisoners outside a secure

21 environment such as air lift locations.

22 15. In the event an inmate's

1 physical condition or limitations require

2 special needs transport who must approve and

3 who bears the cost of the transport?

4 BOP response; We're unclear what

5 this question is asking. If the question is, 6 transportation for a local medical or other

7 trip, the contractor bears the cost. If the

8 transportation is for a medical transfer to a

9 BOP medical center and is within 400 miles of

10 the contract facility, the contractor could or

11 may bear the cost. If this doesn't answer

12 your question please resubmit clarifying your

13 question.

14 16. Is the contractor responsible

15 for all inmate medication and meals during

16 transport?

17 BOP response; The contractor is

18 responsible for all inmate medications during

19 the movement from the contract facility as

20 outlined in this Statement of Work. The

21 transportation agency or company is

22 responsible for feeding the inmates in their

1 custody.

2 17. What percent of inmates

3 confined in the facility are expected to

4 require psychotropic medication for mental

5 health conditions?

6 Our response; Special medical

7 programs and services for mental health

8 includes provisions for mental health

9 evaluation and treatment of diagnosed mental

10 conditions.

11 Okay. I -- since there's a

12 question about the response. Is that -- hold

13 on.

14 Okay. I'm sorry. Let me read

15 that one more time.

16 What percent of inmates confined

17 in the facility are expected to require

18 psychotropic medication for a mental health

19 condition?

20 BOP response; The contract

21 facilities must be prepared to accept all

22 inmates appropriately designated to them and

1 can expect to receive inmates with a variety

2 of mental and medical needs.

3 18. Clarification is requested

4 regarding access to BOP medical centers for

5 inmates who require inpatient care for chronic

6 debilitating illnesses or mental disorders.

7 Confusion exists due to the RFP language on

8 page 39 of Section C. "The contractor shall

9 establish arrangements with local health care

10 providers for emergency and medical services

11 necessary for outpatient and inpatient health

12 care not provided within the facility." At

13 the same time, the policies referenced on this

14 page describe procedures for transfer of

15 seriously ill inmates to BOP medical centers

16 for inpatient care when this is required. And

17 page 45 of Section C references BOP policy for

18 medical re-designations. Will the contractor

19 have the ability to request transfers to BOP

20 medical centers as outlined in these policies?

21 Our response; Yes. A contractor

22 will have the ability to request transfers to

1 BOP medical centers as outlined in these

2 policies. Number 19. What does the

3 BOP mean by "special medical programs and

4 services for mental health"?

5 Response; Special medical

6 programs and services for mental health

7 includes provisions for mental health

8 evaluation and treatment of diagnosed mental

9 conditions. Provisions for suicide

10 precautions etcetera. Psychiatric and

11 psychology services will both be available to

12 manage these inmates.

13 20. A contractor is required to

14 submit evidence that the qualifications of a

15 perspective replacement for person vacating an

16 essential personnel position are equal to or

17 greater than those of the person vacating the

18 position. Please clarify that this requires

19 the minimum qualifications for replacement

20 personnel to be equal to or greater than the

21 minimum qualifications described under

22 "Staffing" in Section C of the RFP.

1 Our response: Yes. This requires

2 the minimum qualifications for replacement

3 personnel be equal to or greater than the

4 minimum qualifications described in Section C

5 of the Statement of Work under D, "Staffing".

6 MS. PENNEL: That concludes our

7 technical questions.

8 I'll be going through a couple of

9 the contracting questions that were submitted.

10 Question 21 refers to Section J-

11 15. Does the BOP expect to prepare an

12 Environmental Impact Statement, EIS, for the

13 project or does the BOP expect to prepare an

14 environmental assessment. If an EIS is

15 expected, when does the BOP expect to issue a

16 Record of Decision?

17 The BOP anticipates preparing an

18 EIS. However, this cannot definitely be

19 determined at this time. If an EIS is

20 prepared, the BOP anticipates that an ROD, a

21 Record of Decision, will be issued no later

22 than January 2010.

1 Question 22, also refers to

2 section J-15. If a cultural resource survey

3 or endangered species consultation has to be

4 completed can the submitter do the work and

5 provide the results to the BOP? Or does the

6 submitter need to coordinate with the BOP to

7 determine who will lead on the studies or

8 reports?

9 Our response; Offerors should

10 follow the instructions outlined in Attachment

11 J-15 of the solicitation in preparing any

12 environmental documentation. If items

13 submitted in the proposal require further

14 study the author will be notified to submit

15 revised information.

16 Question 23 refers to Section B.

17 This section states, "The Government is

18 required to order and the contractor required

19 to furnish at least a guaranteed minimum

20 quantity of 90 percent of the accepted number

21 of contract beds." Language in the following

22 provisions of the RFP refer to an indefinite

1 delivery, indefinite quantity type contract

2 and appear to conflict with the guaranteed

3 minimum quantities statement. It refers to

4 Section B, Section I-5, Section I-6 and

5 Section L. Please clarify whether the RFP

6 contemplates a 90 percent guaranteed minimum.

7 Our response; The BOP intends to

8 award and IDIQ type contract with award fee

9 incentives. The Government will be required

10 to order and the contractor required to

11 furnish at least a guaranteed minimum quantity

12 of 90 percent of the accepted number of

13 contract beds. The guaranteed minimum of 90

14 percent is not applicable during either the

15 ramp up or ramp down periods. During either

16 of these periods, the guaranteed minimum will

17 be 50 percent of the accepted number of

18 contract beds.

19 To clarify, the clause at 52-216-

20 19, "order limitations", refers to the minimum

21 limit per order. As stated in Section I-5, 22 when the Government requires supplies or

1 services covered by this contract in an amount

2 less than 90 percent, the Government is not

3 obligated to purchase nor is the contractor

4 obligated to furnish those supplies or

5 services under the contract.

6 Question 24 refers to Section C, 7 the Statement of Work. In order to increase

8 competition without significantly altering the

9 intent of the solicitation would the

10 Government consider expanding the radius of

11 the location of the proposed facility to

12 within a 550 mile radius of the U.S. capital?

13 Our response; The geographic

14 restriction will remain as stated in the

15 solicitation. A proposed institution shall be

16 located within a 500 mile radius of the United

17 States capital in Washington, D.C.

18 And the final question that was

19 submitted is question 25. Also refers to

20 Section C of the Statement of Work.

21 The submitter requested that we

22 provide a copy of the current staffing plan

1 for the Rivers Correctional Institution.

2 Our response to this is that we

3 are currently researching this question. The

4 answer will be released along with the

5 transcript for this session through the FBO

6 website.

7 That concludes our question/answer

8 period. If you had any further questions if

9 you could just, again, note the number of the

10 question. We'll address it again during the

11 open floor period.

12 At this time, we'll go ahead, we

13 would like to go ahead and introduce some of

14 our presenters that will be going over some of

15 the requirements within the solicitation.

16 We'll start with our RDAP presentation which

17 will be done by Doug Mowell.

18 MR. MOWELL: Okay. All right.

19 The D.C. Code. The D.C. Code states that, 20 "D.C. Code offenders are eligible for early

21 release consideration under similar criteria

22 as federal offenders."

1 D-1(1) actually says, "A person

2 sentenced to imprisonment under this section

3 for a non-violent offense may receive up to

4 one year reduction in the term the person must

5 otherwise serve if the person successfully

6 completes a substance abuse treatment program

7 in accordance with 18 U.S.C. 3621(e).

8 So, what does 3621(e) say? The

9 statute states, "The Bureau must provide

10 treatment for all inmates who volunteer and

11 have a diagnosis for a substance abuse or a

12 dependence problem."

13 So, the contractor would need to

14 provide the following; Drug abuse education.

15 Inmates may volunteer or may be required to

16 participate in the 12 to 15 hour drug abuse

17 education course. The goal of this course is

18 information and motivation.

19 Why must, why would a person be

20 required to participate? Judicial

21 recommendation for treatment. An instant

22 offense related to drugs or alcohol. A

1 history of drug or alcohol use. Or a

2 violation, or return to the halfway house as

3 a result of drug and/or alcohol use.

4 Non-residential programming and

5 follow-up treatment must be made available.

6 Non-residential programming provides inmates

7 the substance abuse treatment that is akin to

8 outpatient treatment.

9 So, what is happening here is that

10 the individual may live on a regular housing

11 unit. And they could participate, via call-

12 out, up in the psychology area, perhaps 90

13 minutes once a week. That that type of thing.

14 It's an alternative to longer, to

15 the longer term RDAP for inmates with more

16 severe drug drug use disorders. Group and

17 individual counseling is offered.

18 Non-residential program also

19 serves as a milieu for post-residential

20 follow-up drug abuse treatment. If returned

21 to general population before release inmates

22 are required to participate in follow-up drug

1 treatment. And this is, you know, pardon me, 2 this is, if they are required after completing

3 the residential portion of of of RDAP.

4 The follow-up program provides

5 support and relapse prevention strategies for

6 inmates who must return to the general

7 population. There are times when inmates do

8 not transition from RDAP directly to an ROC.

9 And so follow-up treatment would then be

10 necessary for those inmates.

11 The RDAP Program itself, 12 residential drug abuse treatment programs

13 provide eligible inmates, those with a

14 diagnosis, diagnosed for substance abuse

15 problems, who volunteer for treatment with

16 substance abuse treatment, that is 9 to 12

17 months. 500 plus hours in duration. 500 plus

18 because we're talking about face-to-face

19 contact with the therapist in the room. This

20 is not simply community activities that are

21 going on, say, in the evening. It's something

22 that's part of the the therapeutic milieu.

1 This is actual face-to-face with the with the

2 provider, the therapist.

3 Is conducted in a separate unit

4 set apart from the general population.

5 3621(e), one of the things that we're required

6 under that statute is to make sure that these

7 folks are separate from the general

8 population. Separate housing area.

9 The program uses cognitive

10 behavioral therapies to develop pro-social

11 attitudes and behaviors.

12 And lastly, we use a modified

13 therapeutic community model.

14 The MTC. The TC Programs

15 consistently show post-release reductions in

16 re-offending and post-release drug use. TC

17 Programs have shown to be effective in several

18 different types of samples which suggest they

19 can be applied to a wide range of prisoners.

20 We're taking the entire Bureau of

21 Prisons with our new psychology treatment

22 programs policy statement to this model. So

1 the contractor would be required to do the

2 same.

3 Elements of community. What what

4 what does that, what does that mean? Because

5 this is a, this is a significant part. When

6 we would go to look at this program, these are

7 the elements that we would be looking for.

8 Can we see that? Now you know, we're not

9 going to direct as to how to accomplish that.

10 That's part of your responsibility. But these

11 are the things we would be looking for.

12 Community as a method. Community is both the

13 context and the method in the change process.

14 The individual changes within the community by

15 using the community. So we're talking about

16 community pressure.

17 The program has 48 beds, 68 beds, 18 96 beds, whatever the capacity. What we're

19 talking about is the inmates turning pressure

20 inward. A lot of people, you know, have the

21 opinion that inmates won't do this. However, 22 in the general population you see inmates

1 putting peer pressure on each other every day

2 in a not pro-social way. So we're going to

3 try to turn that around.

4 The physical environment. The

5 RDAP unit is to look and feel different better

6 than all other units in the institution. If

7 you, when you walk on that unit it needs to

8 look like a treatment unit. Are there, is

9 there an environment that says, this is not a

10 regular housing unit? The way it's decorated.

11 Posters on the wall. Slogans. Those kinds of

12 things. Is it different? Does everything

13 about that unit suggest to the inmate or

14 remind the inmate they're there to make

15 changes in their behavior.

16 Rules and norms. The program, the

17 rules and norms for the program are stated, 18 specific rules created for pro-social living

19 in a community. Expectations of acceptable

20 behaviors are to be clear. Incentives and

21 sanctions based on defined behaviors are to be

22 in place. And sanctions are to be swift

1 occurring at the time of the infraction and

2 certain. They must also match the level of

3 the infraction. No less. No more.

4 Staff roles. Staff are

5 responsible for the daily operation management

6 and quality assurance of the program. As

7 therapists, staff function as the guides and

8 the role models for the community and serve as

9 the rational authorities for the programs.

10 Inmates are not passive consumers of staff

11 knowledge. So this is an active environment

12 we're asking for.

13 Staff function. As co-

14 investigators of the program, participants

15 join in an effort to understand the inter-

16 relationships of each others cognitions, 17 affects, and behaviors. Establishing this

18 type of relationship encourages responsibility

19 taking rather than answer seeking on the part

20 of the program. It's a very active program

21 rather than a very passive program.

22 Supervision and training. This

1 goes back to the question you had earlier

2 about licensor and certification. Program

3 coordinators are responsible to provide

4 program oversight as well as clinical and

5 administrative supervision to staff through

6 the weekly team meetings and through

7 individual supervision. Coordinators to

8 provide supervision by sitting in groups, 9 reviewing treatment documentation, and

10 identifying training needs. Supervision is an

11 essential component in gaining continuing

12 competency in this model.

13 Community activities. In the

14 program we stress community meetings, 15 seminars, rituals, etcetera. Community

16 meetings are held daily to check in on the

17 health and welfare of the community. Other

18 types of activities also include ritual

19 seminars, tutorials, probes, etcetera. These

20 are all TC concepts. You're familiar with

21 those. Each activity presents an experiential

22 opportunity to practice behavioral change in

1 the community dynamic.

2 Treatment phases through journals.

3 Treatment knowledge and skill acquisition is

4 developmental and is introduced in phases. So

5 it's a stair step approach as how they gain

6 skill acquisition. Real concepts, phases, 7 journals must be used. The journals cover the

8 treatment design and approaches used by the

9 Bureau. Each journal is developed to ensure

10 the RDAP follows evidence based practices and

11 has the rudiments to engage and motivate the

12 inmates in treatment. When used as intended

13 the journals spark discussion and prompt

14 behavioral rehearsal, enhancing the treatment

15 specialist's ability to be the agent of

16 change.

17 Process groups. Ordinarily, six

18 to twelve inmates on a specialist case load.

19 Prompt inmates to reach a deeper level of here

20 and now insight and empathy using feedback

21 from their peers and with a skilled

22 facilitator process groups can serve as a safe

1 laboratory, assisting inmates with cognitive

2 restructuring, problem solving training, 3 social skills training, and self assessment.

4 All elements of the community tap the

5 resources of this small group.

6 Jobs. As any, as in any community

7 jobs keep the community functioning. Every

8 inmate on the unit is to have a job on the

9 unit. And this would be in addition to any

10 job they have outside the unit. It

11 contributes to the community. Jobs can

12 include cleanliness assignments, unit readers, 13 assist in the community meeting, choosing

14 seminar topics, inspecting cleanliness of the

15 unit each morning, tutoring, etcetera. Each

16 community member must have responsibility to

17 their RDAP community.

18 And transition. Always mentioned

19 last yet a component of vital importance to

20 in-prison treatment. Transition is the theme

21 from the inmates first interest in the program

22 and throughout the various phases of the

1 structured RDAP. This is why we talk about

2 the various education in the non-residential

3 program being so important. The program, the

4 paradigm of transition is being shifted from

5 something that happens at the end of

6 programing to something that happens

7 throughout programing. It is much more than

8 just moving from RDAP back to the community.

9 Staffing requirements.

10 Residential drug abuse treatment requires a

11 psychologist, doctor in clinical and

12 counseling psychology. Licensed or license

13 eligible in the state in which they are

14 practicing. The program requires three drug

15 treatment specialists, therapists. The

16 therapists need to be licensed or certified or

17 eligible to provide drug abuse treatment in

18 the state which they practice. The bed, the

19 program bed capacity will determine exact

20 number of therapists based on where you get

21 the contract at. One therapist is required to

22 provide drug education and non-residential

1 drug abuse treatment.

2 The policy that you would be

3 looking at would be 5330.11. And the

4 regulations that are going to come in to play

5 here, 28 CFR, Chapter 5, 18 3621(e) is the

6 statute. Also 3624(f). And of course, and

7 very specifically, and this is why we need

8 this in the contract, the D.C. Code 24-403.01.

9 And if you have any questions, 10 feel free to contact me.

11 MS. PENNEL: I'd like to continue

12 on with that. Celia Santana will be going

13 over some of our VO-TECH requirements.

14 MS. SANTANA: I just wanted to

15 briefly draw your attention to the second

16 area. Just because it differs from what we

17 traditionally go out for on our other

18 solicitations as we do have a D.C. offender

19 population involved here.

20 So the second area which is, 21 you'll see a little bit represented a little

22 differently than maybe what you're used to in

1 the contract, is the area of vocational

2 training. And as Amanda mentioned, there will

3 be an amendment issued. And this will go.

4 We'll have a little bit more detailed

5 information with regard to the vocational

6 training in that amendment that comes out.

7 But as it's listed now, you'll see that we

8 require a certified building trades and

9 vocational training program. And what we mean

10 by a certified program, first of all, it

11 should be a competency based curriculum which

12 teaches specific job skills for inmates. They

13 should be contemporary job skills which will

14 assist with post-release employment and to the

15 area which the inmates are releasing, which is

16 generally the D.C. area.

17 Certification or accreditation

18 should be from a state or another recognized

19 accreditation from an association or agency.

20 We would be looking at a technical college, a

21 vocational technical school, a college that

22 offers vocational training of some type. So

1 that's what we're talking about when we're

2 talking about a certified or an accredited

3 program.

4 If there are rare cases where an

5 entire education department, so to speak, may

6 be accredited by an outside accrediting

7 agency, some type of an educational

8 accrediting agency, that is acceptable for

9 accreditation for the vocational training

10 program. That is not preferred.

11 That's also generally difficult to

12 obtain. It's probably more easily attainable

13 that you would have a local college or

14 vocational technical school that provides the

15 program. And you're the training or or the

16 certification or accreditation would be

17 through them then.

18 The one that is listed right now

19 in the in the SOW, or the Statement of Work is

20 the Building Trades and Vocational Training

21 Program. It lists the type of curriculum that

22 we're looking for there. And as I mentioned, 1 we will have that addressed, additional

2 vocational training requirements addressed in

3 an amendment that will be coming out to the

4 solicitation.

5 MS. PENNEL: We'll now have our

6 presentation on our environmental information

7 requirements from Isaac Gaston.

8 MR. GASTON: Good morning. I work

9 in the Capacity Planning and Site Selection

10 Branch. And one of our missions is to

11 identify and environmentally evaluate

12 potential sites for new federal correction

13 institutions wherever needed.

14 Environmentally, we evaluate

15 locations by implementing the procedural

16 provisions of the National Environmental

17 Policy Act also known as NEPA. NEPA was

18 established in 1969 as a federal law to

19 protect the environment. NEPA requirements

20 apply to any federal project, decision, or

21 action that might have a significant impact on

22 the quality of the human environment, 1 primarily recognizing the environmental

2 conditions, the presence or likely presence of

3 any hazardous waste and/or impacts on

4 biological resources.

5 Under this particular procurement, 6 D.C. III, the Bureau is considering existing

7 facilities, expansion of existing facilities

8 and new construction. And therefore, NEPA

9 requires that an Environmental Impact

10 Statement, also known as a EIS, is completed.

11 For one, the process for EIS is

12 much more detailed than environmental

13 assessment which I'm guessing most of you are

14 more familiar with.

15 To help reduce the time in the EIS

16 process, the Bureau is requesting that the

17 offerors address Section J-15 completely when

18 responding with your proposals. Failing to

19 respond to Section J-15 completely could

20 remove the offeror from a competitive range

21 for this contract award.

22 Some of you may have a need to

1 hire an environmental contractor.

2 Also those with existing buildings

3 along with infrastructure already in place, 4 much much of your environmental work has

5 already been completed. Hopefully, you'll be

6 able to get copies of those documents and

7 submit them to the appropriate federal

8 agencies such as the U.S. Fish and Wildlife, 9 the EPA, or the Corps and seek their

10 concurrence in writing on the studies that

11 you've completed.

12 In Section J-15 of the

13 solicitation you will find the table of

14 contents for a Phase One. We ask that you

15 follow that format when submitting your

16 environmental documentation.

17 Also in Section J-15 in Chapter

18 2C, it references alternatives. The Bureau

19 will cover the alternative section in the EIS.

20 Again, you do not have to address the

21 alternative section.

22 If the Bureau of Prisons finds

1 that there are concerns and questions that

2 come up after we've received the submissions

3 on the Section J-15, Amanda will contact you

4 and ask you to submit additional information.

5 The Bureau of Prisons will use the

6 environmental information we get from you in

7 our EIS. Because this will be an EIS, NEPA

8 requires that we conduct scoping meetings at

9 the beginning of the EIS process. We will be

10 conducting scoping meetings at each location

11 to inform those communities of our intent and

12 plans.

13 We will then begin to execute the

14 environmental studies to ensure we comply with

15 NEPA.

16 After that, we will complete our

17 environmental studies and publish a draft

18 Environmental Impact Statement for a 45 day

19 comment and review period. During the 45 day

20 comment and review period we will host a

21 public hearing at each location to hear of any

22 concerns or issues that the public might have

1 on the draft document.

2 After we have addressed those

3 comments and concerns we will publish a final

4 EIS for a 30 day comment review period.

5 After that review period, the

6 Bureau will prepare a Record of Decision.

7 Lastly, by you fully responding to the J-15

8 Section initially it could potentially reduce

9 the time it takes to complete the EIS.

10 If you have any additional

11 questions, please contact Amanda.

12 Again, thank you and good luck.

13 MS. PENNEL: Our final

14 presentation will be given by Doug Martz

15 regarding our small business subcontracting

16 requirements.

17 MR. MARTZ: Okay. I just -- one

18 of the reasons why we selected this area to to

19 bring out today in the pre-proposal conference

20 is, in our recent solicitations a number of

21 you had, have had difficulties in submitting

22 what we're looking for as far as the

1 subcontracting plans go. So I just kind of

2 want to highlight a few things and what our

3 expectations are. The goals that we're trying

4 to achieve as an agency.

5 The Small Business Act of 1953.

6 It created the Small Business Administration

7 as we know it today. It empowered the SBA to

8 to assist, aid, and counsel, and protect small

9 business concerns. And it also allowed, gave

10 contracting personnel some methods to make

11 sure that a fair proportion of federal

12 government dollars are given to small

13 businesses, okay, for all the different

14 supplies and services that we buy.

15 This act, you know, it kind of set

16 the tone for the spirit, you know, for all

17 future actions for small businesses, you know, 18 in getting those government dollars.

19 In the Bureau of Prisons, you can

20 see that's the little small pie chart there.

21 In fiscal year 2008 we, it should be under a

22 couple bullets there, we spent 2.1 million

1 dollars and 32.3 percent of that was spent, 2 went to small businesses. And 67 percent went

3 to large businesses. Okay.

4 This next little chart that's here

5 is, these are goals that are statutory. And

6 you can see that over on the right hand side

7 there you can see that where the, when saying

8 statutory those are the public laws that those

9 those numbers come from. And you can see that

10 the one that's going to be most important to

11 all of you is the third column, you know, from

12 the left where it says, "subcontracting".

13 We have a statutory requirement

14 for five percent of the subcontracting dollars

15 to go to small disadvantages, disadvantage

16 businesses. 5 percent for woman owned small

17 businesses. And 3 percent for HUBZone

18 businesses. And 3 percent for service

19 disabled veteran owned businesses. Okay.

20 And those, you know, those rules

21 that are listed there are statutory. That's

22 not something that that we came up with.

1 Those are actually from, those are from

2 public laws. Okay.

3 The Department of Justice/the

4 Bureau of Prisons goals for subcontracting

5 are, for all the dollars that we subcontract

6 out, okay, the the goal that has been set for

7 us to follow is, we're supposed to, we're, 8 they want us for every dollar that we

9 subcontract out, 42.9 percent of it is

10 supposed to go to small business. Okay. 5

11 percent to small disadvantaged business. 5.7

12 percent for woman owned small business.

13 HUBZones are 3 percent. And service disabled

14 are also 3 percent. Those are the, those are

15 the goals that are, you know, that are

16 provided to us. And we've adjusted a little

17 bit. But basically, the baseline of that

18 comes from from the Department of Justice with

19 strong input from the SBA. Okay. They

20 suggest that very heavily to us about what

21 those should be.

22 The next slide talks about our

1 2008 results. Small business. We get 29.7

2 percent of the available subcontracting

3 dollars went to small business. Small

4 disadvantaged went, was 2.3. Woman owned was

5 4.5. HUBZone was 5.2. And then service

6 disabled veteran was 2.2.

7 The next we'll put up a little

8 chart that synopsizes those last numbers. And

9 you can see, as an agency we didn't do very

10 well on most of those goals. The only one we

11 exceeded or met our goal was HUBZone.

12 And I and I bring that out today

13 only because, you know, this procurement and

14 the other procurements that we do in PCC are

15 very, very large dollars. And, you know, 16 awarding and not meeting our goals in this

17 area effects our entire agency. Because, just

18 because of the pure magnitude of the dollars

19 that are available here and the dollars that

20 get reported. So it's really important to us, 21 to us as an agency, that we, you know, that we

22 try to meet those goals the best that we can.

1 Okay.

2 Hopefully this isn't too hard to

3 see. This is just a couple of screen shots

4 out of the actual subcontracting plan. At the

5 very top of the page, you know, one thing to

6 note is that what you'll be submitting for us

7 is an individual contract plan. It's that

8 very top block. That's the one that should be

9 checked.

10 And then to bring one other thing

11 out here. Down at the bottom. That left

12 column that says, "total small business

13 dollars", those, the totals that go in to that

14 -- let me go to the next slide. The total

15 from that first column, the page that I showed

16 you on the left. All the numbers in B, C, D, 17 E, and F, all those categories, they sum up

18 and should be the total that was on that

19 previous slide. Okay. Where it says, "total

20 small business dollars". Okay.

21 And we have, you know, some folks

22 have a little bit of difficulty with that.

1 And if you have questions in that area, you

2 know, when you get back and you're preparing

3 your subcontracting plan, you know, please

4 feel free to, you know, to contact Amanda.

5 We'll be happy to, you know, help you, you

6 know, through that, your initial proposal.

7 We'll be happy to explain those requirements

8 and how they're supposed to be filled out.

9 The form is not necessarily the most, the plan

10 I should say, is not necessarily the most user

11 friendly and it can be confusing at best. So, 12 you know, we'll be more than happy you with

13 that so that it doesn't delay the process and

14 we'll have to go back out, you know, try to

15 get it clarified for you. So we'd be happy to

16 help you with that as you go through the

17 submission process. Next slide please. This

18 chart here is also in the subcontracting plan

19 -- to me the best way to use this this chart

20 for for your purposes is where it says, 21 "CLIN". If you would, if you use the NACIS

22 Code, you can identify all of the individual

1 supplies or services that you buy, you know, 2 at the proposed institution that you're

3 proposing that you would buy that you'd

4 subcontract out for, you can list those all

5 out there. And you can put the NACIS Code in

6 there instead of the CLIN. And as long as the

7 person that you're buying it from, okay, meets

8 the North American Industrial Classification

9 Code System, that's what NACIS stands for, as

10 long as they meet who you're buying it from, 11 as long as they meet that standard to be a

12 small business, you can, you know, you can

13 class, I'm sorry, to be a small business or

14 a small disadvantage or a woman owned, 15 whatever category you happen to be buying it

16 from, as long as as long as that company meets

17 that NACIS Code, okay, then you can you can

18 collect those dollars. And you can count

19 those dollars towards your plan. Okay.

20 I I think, you know, working with, 21 you know, a couple individual contractors

22 lately with their plans and some of the

1 subcontracting things, I think there's

2 possibly a lot of things that people are

3 actually doing that they're not taking credit

4 for. Okay. They're probably actually doing

5 a lot of this. They're buying stuff from

6 small businesses and from woman owned

7 businesses out there where you have you have

8 your facility. But we're not necessarily

9 getting the dollars. This here is a little

10 tool that you can use in the proposal, but you

11 can also use in daily operations that should

12 assist you with that. The next slide. This

13 section here, basically what it amounts to is

14 that, this is a place for you to provide a

15 narrative for the contracting officer, for

16 Amanda, and for the small business specialist

17 when they review your plan. This is a place

18 for you to layout how you came up with your

19 goals, how you're going to meet them. It's a

20 place for them, when they review it, to look

21 at it and say, "Okay. I'm comfortable. They

22 didn't just fill in 5 percent. I really

1 believe they have a plan, they have a method, 2 they have, there's something here that they're

3 going to be able to meet that with." Okay.

4 And that's, this is one of the, 5 we're not going to just look at the numbers.

6 We're going to look a lot at this section and, 7 you know, look at the narrative that's here to

8 make sure that we're comfortable that you can

9 meet the goals. Because it's, you know, it

10 doesn't do us any good if you say, you're

11 going to, you know, subcontract out, 12 subcontracting dollars, 50 percent goes to

13 small business. And you know, the only thing

14 you've done is put, "Well, we're going to make

15 50 percent. We're going to meet the goal."

16 They're going to be happy. But there's

17 nothing here to say how you're going to do it.

18 You know, obviously it's extremely suspect.

19 And that's it. Just, does anybody

20 have any questions with the, you know, with

21 the subcontracting, small business

22 subcontracting and filling out the plan?

1 Again, if you have specific questions, you

2 know, when you're when you're concluding your

3 proposals, you know, please, you know, don't

4 be afraid to give us a call. And we will, you

5 know, we'll be happy to provide information or

6 answer any specific questions that you may

7 have in regard to completing that plan.

8 Thank you.

9 MS. PENNEL: At this time we would

10 like to open up the floor for any additional

11 questions that you might have regarding this

12 solicitation. If we can't immediately answer

13 your question, we will do so later by posting

14 our response in writing along with the

15 transcript on FBO. If you have a question, we

16 just remind that you please state your name

17 prior to asking your question for our court

18 reporter.

19 Question. Go ahead, Mike.

20 MR. HARLING: Good morning. My

21 name is Michael Harling. I'm with Municipal

22 Capital Markets.

1 And I don't have a lot of

2 environmental questions today for a change.

3 But on the environmental, if I could first --

4 it was Isaac, correct?

5 MR. GASTON: Yes.

6 MR. HARLING: I, which I'm easy to

7 get lost in environmental stuff. But you had

8 mentioned about the Phase One which I think

9 most of us are familiar with even though we've

10 never done one. But then you said also in 2C, 11 where, I think is what you said, "Do not

12 address." That that will be in the EIS.

13 MR. GASTON: It's in the

14 alternative sections. It's covered in 2C.

15 MR. HARLING: In here?

16 MR. GASTON: Yes.

17 MR. HARLING: Okay.

18 MR. GASTON: You do not need to

19 cover that, the alternative portion. The

20 Bureau will cover that in EIS.

21 MR. HARLING: Thank you. With

22 the, as I read this, the contract, the current

1 contract with, the current provider expires on

2 6 of March of 11. And the notice to proceed, 3 I believe, was the 7th of March. And we have

4 an inmate movement of 180 inmates a week over

5 8 weeks. Is there an option to extend the

6 current contract or what, where do you put

7 them during that ramp up period?

8 MR. MARTZ: We probably, during

9 that time of transition, we do an option, we

10 do have the ability to extend that contract

11 for a little while. You know, to ramp down

12 that facility. You know, so we would, you

13 know, we would probably, a) ramp down that

14 facility, you know, during that time period.

15 At the same time that while we're ramping

16 your's up.

17 MR. HARLING: Okay. Thank you.

18 And on the time line, and if the proposals are

19 due the 19th of May and we have a 300 day hold

20 or ten months to, for our proposals to be

21 valid, which takes us out to about March 19th

22 give or take. That, how do I say this nicely?

1 CAR 8 took about 11 months. If my math serves

2 me correctly. And this is somewhat similar I

3 believe in in the scope and the type of

4 services being requested. That, if it does go

5 past the 300 days, do you have the will you

6 move that notice to proceed date the same

7 number of days? Because if you don't, your

8 automatically excluding any new facility to be

9 constructed.

10 MR. MARTZ: Sir, are you are you

11 talking, your question specifically then is, 12 if if we have to extend our acceptance period, 13 are we still going to allow for the 400 and X

14 number of days for construction? Or

15 essentially is that what it is?

16 MR. HARLING: That's basically

17 what I'm saying.

18 MR. MARTZ: Yes. It it would be

19 our intent to still allow for that, whatever, 20 what is the -- do you remember the number of

21 days specifically? Whatever the number of

22 days is that we've allowed for construction in

1 this particular instance, that we would still

2 allow that number of time.

3 MR. HARLING: I don't think

4 there's anything statement about the number of

5 days. It's just looking at the timing. That

6 if everything, if it takes 310 days than the

7 other date moves out 10 days. Okay.

8 Thank you.

9 MS. PENNEL: Any other questions?

10 (No audible response.)

11 Okay. This concludes our

12 conference.

13 A copy of the transcript including

14 all answers and questions will be posted

15 through the Federal Business Opportunities

16 website. Please be sure to monitor the

17 website on a regular basis for any changes

18 including any amendments.

19 If you have any other questions

20 later on regarding the solicitation or

21 anything that was presented during the

22 conference, please be sure to contact myself.

1 My contact information is on the agenda.

2 Located in the back. And it's also listed in

3 the solicitation.

4 Thank you for attending.

5 (Whereupon, the above-entitled

6 matter was concluded at 10:59

7 a.m.)

(202) 234-4433 Neal R. Gross & Co., Inc.

A ability 17:19,22

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8:8,10,18 9:3 24:6 24:11,14,16 25:7 25:20 26:12,14,16 34:10,17 35:1 accept 16:21 acceptable 14:6

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21:12,17 access 17:4 accomplish 28:9 accreditation 36:17

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