Part I. Sect. A thru C.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Washington, DC 20534

March 20, 2009

To All Interested Parties:

The United States Department of Justice, Federal Bureau of Prisons (BOP) is issuing a Request for Proposals (RFP) for the management and operation of a correctional facility to house approximately 1,380 low security, adult male inmates consisting primarily of DC sentenced felons and criminal aliens. The criminal alien population will ordinarily be adult males, non-U.S. citizens that are primarily Mexican, with 90 months or less remaining to serve on their sentences. The population of approximately 1,380 inmates are presently housed at the Rivers Correctional Institution in Winton, North Carolina. The current contract will expire on March 6, 2011.

This requirement will be fulfilled through a single award. The inmates shall be housed in a secure correctional institution located within a 500 mile radius of the United States Capitol in Washington, D.C. Faith-based and Community-based organizations can submit offers equally with other organizations for contracts for which they are eligible.

Potential offerors must submit all potential places of performance to be proposed to the Contracting Officer by Monday, April 6, 2009. Please submit this information using attachment J-13, Offeror’s Intent to Propose, located in section J of the solicitation. This information is required in advance of submitting proposals so that the Contracting Officer can request Service Contract Act Wage Determinations for all places of performance. The wage determinations will be incorporated into the solicitation via an amendment.

A Pre-Proposal Conference will be held on Thursday, April 2, 2009 at 10:00am, and will be located at the BOP, 400 First Street, NW, Washington, DC, 20534.

The conference agenda will include an overview of the requirements for environmental information, the Residential Drug Abuse Program, the Vocational Training Program, and also Small Business Subcontracting. While attendance is not mandatory, potential offerors are highly encouraged to attend to ask questions and receive clarifications regarding the solicitation. Advance notification of attendance is required. In order to ensure all questions are addressed completely at the conference, please submit all questions pertaining to this solicitation, in addition to any attendance notification, by Friday, March 27, 2009, to Amanda Pennel at Apennel@bop.gov.

All potential offerors are advised that this solicitation includes the clause 52.204-7, Central Contractor Registration (CCR)(July 2006). This clause requires that all contractors doing business with the Federal Government after September 30, 2003 be registered in the CCR database. Offerors should include their Data Universal Number System (DUNS) number in their offers on the Standard Form (SF) 33. The Contracting Officer will verify registration in the CCR database prior to award by entering the potential awardee’s DUNS number into the CCR database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

Proposals must be received by 2:00PM Eastern Time on Tuesday, May 19, 2009, unless otherwise amended in writing by the Contracting Officer. If you have any questions, please feel free to contact Amanda Pennel, Contracting Officer, via email at Apennel@bop.gov.

Sincerely, //s// Amanda Pennel Contracting Officer

Enclosures mailto:Apennel@bop.gov.

mailto:Apennel@bop.gov.

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SF-33 Continuation Page Solicitation Number RFP-PCC-0016

11. Table of Contents:

(X) SEC. DESCRIPTION TOTAL

PAGES

PART I - THE SCHEDULE

X A SOLICITATION/CONTRACT FORM 2

X B SUPPLIES OR SERVICES AND PRICES/COSTS 9

X C DESCRIPTION/SPECS./WORK STATEMENT 53

X D PACKAGING AND MARKING 1

X E INSPECTION AND ACCEPTANCE 3

X F DELIVERIES OR PERFORMANCE 3

X G CONTRACT ADMINISTRATION DATA 4

X H SPECIAL CONTRACT REQUIREMENTS 2

PART II - CONTRACT CLAUSES

X I CONTRACT CLAUSES 23

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X J LIST OF ATTACHMENTS 115

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 16

X M EVALUATION FACTORS FOR AWARD 4

RFP-PCC-0016, Section B, Page 1 of 9

RFP-PCC-0016

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SERVICES AND PRICES/COSTS

The contract resulting from this solicitation will be an Indefinite-Delivery Indefinite-Quantity type contract for services incorporating an award-fee incentive. 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.

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. Ceilings exclude amounts for requirements included in prior years:

Base Year 2 - 30% of the non-recurring allowable costs for the remaining Base Period

Base Year 3 - 15% of the non-recurring allowable costs for

Base Year 4 - 7.5% of the non-recurring allowable costs for

RFP-PCC-0016, Section B, Page 2 of 9

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 submit their proposed prices on the attached Pricing Schedule.

The contractor will be required to house a daily population up to 15% over the 100% accepted contract beds. The contract requirement found in Section C regarding a minimum 10% segregation capacity of the 100% accepted contract beds, is not included in the 100% population total.

For example:

If the Accepted Contract Beds (100%) = 1,000 beds

Then, the Maximum Number of Beds (115%) = 1,150 beds (15% Additional Beds (150) is composed of the number of Segregation Beds + Other Beds)

Segregation Beds (10% of the Accepted Contract Beds) = 100 beds Other Beds (Additional Beds - Segregation Beds) = 50 Beds

Maximum Number of Beds (115%) = Accepted Contract Beds + Segregation Beds + Other Beds

The contractor is required to set aside a unit/pod with a capacity for 48 beds specifically for the Residential Drug Abuse Program (RDAP) at all capacity levels.

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

(1) a Monthly Ramp Up Price (MRP);

(2) Ramp Up Per Diem Price (price per inmate per day) for the ramp up period

RFP-PCC-0016, Section B, Page 3 of 9

(3) a Monthly Operating Price (MOP);

(4) a Fixed Incremental Unit Price (FIUP);

(5) a Per Diem Price at 90%, 100%, and 115% capacity; and

(6) an Annual Operating Price (AOP)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 submit:

(1) MOP;

(2) FIUP;

(3) a Per Diem Price at 90%, 100%, and 115% capacity; and

(4) AOP for each year of the option period, combining the MOP and the FIUP (calculations should be based on a daily population of 115% of contract beds).

< Ramp Down Pricing - Offerors must submit:

(1) a Monthly Ramp Down Price (MRDP)

(2) Ramp Down Per Diem Price (price per inmate per day) for the ramp down period

The Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 90% of the accepted number of contract beds. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed an estimated maximum of 115% of the accepted number of contract beds. The guaranteed minimum quantity of 90% of the accepted number of contract beds is not applicable during either the ramp up period or the ramp down period.

Monthly Ramp Up Price (MRP) - The MRP applies when the average number of inmates housed in a monthly payment period does not exceed 50% of 100% contract beds. Once the population reaches 51% or higher of the 100% accepted contract beds during a monthly payment period the MRP shall be considered expired for the remainder of the contract. The MOP becomes effective after the expiration of the MRP. During the ramp up period, the Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 50% of the accepted number

RFP-PCC-0016, Section B, Page 4 of 9 of contract beds.

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 100% accepted contract beds.

Fixed Incremental Unit Price (FIUP) - 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 100% contract beds.

Monthly Ramp Down Price (MRDP)- Monthly ramp down refers to a period of time when inmates are transferred from the facility due to the expiration of the contract. This period may become effective approximately three (3) months prior to the expiration of the contract. The MRDP applies when the average number of inmates housed in a monthly payment period falls below 51% of the 100% accepted contract beds. When ramp down becomes effective, the Government is required to order and the contractor required to furnish at least a guaranteed minimum quantity of 50% of the accepted number of 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.

RFP-PCC-0016, Section B, Page 5 of 9

PRICING SCHEDULE:

RFP-PCC-0016

Offeror: Location:

Number of contract beds:

50% Contract Beds:

90% Contract Beds:

100% Contract Beds:

115% Contract Beds:

BASE YEAR #1 Ramp-Up Period (estimated 3 months = 91 days)

Monthly Ramp Up Price (inmates up to 50% - Guaranteed Minimum)

$ Per month

Total Ramp Up Price (for est. 3 months/91 days)

Per Diem (price per inmate/day)

BASE YEAR #1 Post Ramp-Up Period (estimated 9 months = 274 days)

Monthly Operating Price (MOP) (up to 90%)(Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) for Base Year including Ramp Up Period with FIUP to 115%*:

$ (Estimated Maximum)

RFP-PCC-0016, Section B, Page 6 of 9

BASE YEAR #2 (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%)(Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity*:

$ Per inmate/day

Per diem at 100% capacity*:

$ Per inmate/day

Per diem at 115% capacity*:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

BASE YEAR #3 (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%)(Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

BASE YEAR #4 (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

RFP-PCC-0016, Section B, Page 7 of 9

OPTION PERIOD #1 - YEAR ONE (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Price at 90% capacity:

$ Per inmate/day

Price at 100% capacity:

$ Per inmate/day

Price at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

OPTION PERIOD #1 - YEAR TWO (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minumum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

OPTION PERIOD #2 - YEAR ONE (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

RFP-PCC-0016, Section B, Page 8 of 9

OPTION PERIOD #2 - YEAR TWO (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

OPTION PERIOD #3 - YEAR ONE (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

OPTION PERIOD #3 - YEAR TWO (12 MONTHS = 365 days)

Monthly Operating Price (MOP) (up to 90%) (Guaranteed Minimum)

$ Per month

Fixed Incremental Unit Price (FIUP) per inmate/day:

$ Per inmate/day

Per diem at 90% capacity:

$ Per inmate/day

Per diem at 100% capacity:

$ Per inmate/day

Per diem at 115% capacity:

$ Per inmate/day

Total Annual Operating Price (AOP) with FIUP to 115%*:

$ (Estimated Maximum)

RAMP-DOWN PRICING

Monthly Ramp Down Price (MRDP) (inmates below 51%) (Guaranteed Minimum 50%)

$ Per month

Per diem (price per inmate/day at 50% & below): (one month = 30.4 days)

$ Per inmate/day

RFP-PCC-0016, Section B, Page 9 of 9

*Explanation for Calculation of FIUP total:

Formula:

FIUP Total = (Fixed Incremental Unit Price per inmate) X (# of inmates above 90% to 115% contract beds) X (365)

(1) First, figure the number of inmates for the FIUP. FIUP will apply to 250 inmates in the following example.

Example: 900 beds = 90% 1,000 beds = 100% 1,150 beds = 115%

Number of FIUP inmates = 115% number - 90% number Or = 1150 - 900 = 250 inmates

(2) Then calculate the FIUP total.

Example: If the FIUP per inmate day = $10.00, then FIUP TOTAL = ($10.00) x (250 inmates) x (365 days) = $912,500.

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

*Explanation for Calculation of AOP:

Formula: AOP = (MOP) x (12 months) + (FIUP Total)

Example: If MOP = $1,000,000.00 And FIUP Total = $912,500

AOP = ($1,000,000.00) x (12 months) + ($912,500.00) = $12,912,500.00

[End of Section]

RFP-PCC-0016, Section C, Page 1 of 53

RFP-PCC-0016

SECTION C - PERFORMANCE WORK STATEMENT

Table of Contents

INTRODUCTION

EXPLANATION OF PERFORMANCE WORK STATEMENT TERMS

4 PERFORMANCE OBJECTIVES

A. Contract Performance B. General Administration C. Fiscal Management D. Personnel E. Training and Staff Development F. Case Records 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. Social Services

P. Residential Drug Abuse Program Q. Work and Correctional Industries

R. Academic and Vocational Education S. Recreation and Activities

T. Telephone

RFP-PCC-0016, Section C, Page 2 of 53

1 INTRODUCTION

2 The National Capital Revitalization and Self-Government 3 Improvement Act of 1997 mandates that the Bureau of Prisons (BOP) 4 house a portion of the District of Columbia (DC) sentenced felon 5 population in private contract facilities.

6 The BOP has proceeded to comply with this mandate by identifying 7 the appropriate populations to fulfill the requirement from the 8 overall DC sentenced felon population.

9 This Performance Work Statement (PWS) sets forth the contract 10 performance requirements for the management and operation of a 11 contractor owned and operated correctional institution to 12 accommodate approximately 1,380 beds for a low security adult 13 male population consisting primarily of DC sentenced felons and 14 criminal aliens. The criminal alien population will ordinarily 15 be low security adult males, non-U.S. citizens who are primarily 16 Mexican, with 90 months or less remaining to serve on their 17 sentences.

18 The proposed facility may be an existing facility, a newly 19 constructed facility, or an existing facility with renovation or 20 expansion which can accommodate approximately 1,380 beds on a 21 daily basis. The facility must be able to meet all of the 22 requirements of the solicitation. The institution shall be 23 located within a 500 mile radius of the United States Capitol, in 24 Washington, DC. Offerors are prohibited from housing any other 25 inmate population within the same fence perimeter; however, 26 multiple populations at a prison complex with separate fence 27 lines would be acceptable. Shared services within each fence 28 line is not acceptable.

29 The institution shall include a Special Housing Unit (SHU) with a 30 capacity of at least 10% of the accepted number of contract beds.

31 The contractor will be required to house a daily population up to 32 15% over the accepted number of contract beds.

33 The contractor shall ensure the facility operates in a manner 34 consistent with the mission of the BOP. The BOP's mission is the 35 protection of society by confining offenders in the controlled 36 environments of prisons and community-based facilities which are 37 safe, humane, cost efficient, appropriately secure and provide 38 work and other self-improvement opportunities to assist inmates 39 in becoming law abiding citizens.

40 The contractor shall be ready to begin accepting inmates and

RFP-PCC-0016, Section C, Page 3 of 53

1 assume full responsibility for the operation, maintenance and 2 security of the institution no later than March 7, 2011, at which 3 time a Notice to Proceed (NTP) is anticipated to be issued.

4 Prior to issuance of the NTP, the BOP will perform numerous 5 assessments to ensure the contractor is prepared to accept 6 responsibility for performing all requirements of the contract.

7 The contractor shall notify the CO in writing when it is ready to 8 accept inmates and assume full responsibility for the operation, 9 maintenance and security of the institution, which shall occur no

10 later than 30 days prior to the contractor’s expected NTP date.

11 Unless otherwise specified, all plans, policies and procedures, 12 including those identified in the most current edition of 13 American Correctional Association Standards for Adult 14 Correctional Institutions (ACA/ACI Standards), shall be developed 15 by the contractor and submitted in writing to the Contracting 16 Officer’s Representative (COR) for review and concurrence prior 17 to issuance of the NTP. Once concurrence has been granted, these 18 plans, policies and procedures shall not be modified without the 19 prior written concurrence of the COR.

20 The NTP will be issued subsequent to receiving the contractor’s 21 notification it is prepared to receive inmates and the BOP’s sole 22 determination the contractor is capable of accepting inmates.

23 The contractor shall be prepared to accept inmates immediately 24 upon issuance of the NTP.

25 It is anticipated that the BOP will designate individuals 26 committed as DC sentenced felons and criminal aliens to the 27 institution. However, the BOP may designate any inmate within 28 its custody utilizing the same designation criteria as used at 29 other BOP facilities. Program Statement 5100.08, dated 30 9/12/2006, Inmate Security Designation and Custody Classification 31 Manual, outlines the procedures for designating inmates.

32 Inmate movement to the institution is anticipated to occur at an 33 estimated rate of 180 inmates per week. The estimated weekly 34 movement to the institution will result in the population meeting 35 the 1,380 bed requirement in 8 weeks. The institution activation 36 schedule of 180 inmates per week is an estimate only. Actual 37 movement will depend on many factors, including, but not limited 38 to, the contractor's ability to provide services in accordance 39 with the contract; sentencing of offenders by DC and federal 40 courts and designation of offenders by the BOP.

RFP-PCC-0016, Section C, Page 4 of 53

1 The contractor does not have a right of refusal and shall accept 2 all designations from the BOP.

3 The contractor is prohibited from constructing any additional bed 4 space or facilities at the contract location after award without 5 the prior written approval of the CO.

6 The contractor shall furnish all personnel, management, 7 equipment, supplies and services necessary for performance of all 8 aspects of the contract. Unless explicitly stated otherwise, the 9 contractor is responsible for all costs associated with and

10 incurred as part of providing the services outlined in this 11 contract.

RFP-PCC-0016, Section C, Page 5 of 53

1 EXPLANATION OF PERFORMANCE WORK STATEMENT TERMS

2 ACA/ACI - American Correctional Association - Adult Correctional 3 Institution. The private, nonprofit organization that 4 administers the only national accreditation program for all 5 components of adult and juvenile corrections. Its purpose is to 6 promote improvement in the management of correctional agencies 7 through the administration of a voluntary accreditation program 8 and the ongoing development and revision of relevant, useful 9 standards.

10 BOP - Federal Bureau of Prisons.

11 Building Trades Vocational Training (BTVT) Program - An 12 accredited building trades program consisting of eight competency 13 areas that include at a minimum: drywall, framing, blueprint 14 reading, masonry, plumbing, electrical, roofing, and siding.

15 CO - Contracting Officer. A Government employee, who by virtue 16 of a Contracting Officer’s Warrant, is the only Government 17 employee authorized to obligate, negotiate, award, administer, 18 cancel, or terminate contracts on behalf of the United States 19 Government. COs are responsible for: ensuring performance of 20 all necessary actions for effective contracting, ensuring 21 compliance with the terms of the contract and safeguarding the 22 interest of the Government in its contractual relationships.

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

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

25 Contractor - The entity to whom the Government has awarded the 26 contract.

27 COR - Contracting Officer's Representative. The Government 28 employee, designated in writing by the CO, authorized to perform 29 certain limited functions on behalf of the CO. The extent of COR 30 responsibilities are outlined in Section G of the contract and 31 the COR Designation Letter which will be provided to the 32 contractor. Typically, the COR is the Privatization Field 33 Administrator.

34 COTR - Contracting Officer's Technical Representative.

35 Government staff, designated in writing by the CO, who assist the 36 CO and COR in the performance of duties. The extent of COTR 37 responsibilities are outlined in Section G of the contract. COTR 38 responsibilities are delineated in writing by the CO and will be

RFP-PCC-0016, Section C, Page 6 of 53

1 provided to the contractor. Typically, the COTR is the Senior 2 Secure Institution Manager.

3 Credentials - Documents permitting primary source verification 4 regarding qualifications, including education, training, 5 licensor, experience and board certification of an employee.

6 DC - District of Columbia.

7 DCDOC - District of Columbia Department of Corrections.

8 DHO - Discipline Hearing Officer. The Government trained and 9 certified contractor employee responsible for conducting

10 disciplinary hearings.

11 DOJ - Department of Justice.

12 DSCC - Designation and Sentence Computation Center.

13 Emergency - Any significant disruption of normal institution 14 procedure, policy or activity caused by inmate disturbances, work 15 or food strikes, food borne illnesses, escapes, fires, natural 16 disasters, employee strikes or work stoppages, or other serious 17 incidents.

18 EOIR - Executive Office for Immigration Review. A component of 19 DOJ with responsibility for interpreting and administering 20 federal immigration law by conducting immigration court 21 proceedings, appellate reviews and administrative hearings. The 22 organization adjudicates immigration cases involving detained 23 aliens, criminal aliens and aliens seeking asylum as a form of 24 relief from removal.

25 FBI - Federal Bureau of Investigation.

26 FOIA Exempt - Information which is exempt from release under the 27 Freedom of Information Act, 5 United States Code (USC) 552.

28 Former Inmate - A person who has been found guilty of committing 29 a felony or misdemeanor for whom less than one year has elapsed 30 since release from custody or any type of supervision.

31 HSU - Health Services Unit. The organizational unit providing 32 routine and emergency health care. The HSU is the designated 33 part of a facility delivering health care to inmates.

34 ICE - United States Immigration and Customs Enforcement.

RFP-PCC-0016, Section C, Page 7 of 53

1 Inmate - An individual confined under the auspices and authority 2 of the BOP or under supervision of a federal court.

3 Inmate Records - Information concerning an inmate's personal, 4 criminal and medical history, behavior and activities while in 5 custody. This may include detainers, personal property receipts, 6 visitor lists, photographs, fingerprints, disciplinary 7 infractions and actions taken, grievance reports, work 8 assignments, program participation, miscellaneous correspondence 9 and forms prescribed by Government policy, etc.

10 Lethal Force - The force a person uses with the purpose of 11 causing or which they know or should know would create a 12 substantial risk of causing death or serious bodily harm.

13 MOAR - Minimum Operational Availability Rate. The monthly rate 14 for computer services/resource components which is a percentage 15 calculated by dividing the accumulated monthly down time hours by 16 the total number of hours of operation for a given month.

17 Negative Pressure Room - A room where the direction of air flow 18 is controlled by creating a lower (negative) pressure in the area 19 into which flow of air is desired.

20 NTP - Notice To Proceed. The official written notice signed and 21 issued by the CO which authorizes the contractor to proceed with 22 the contract and begin providing services under the contract.

23 The contractor shall be prepared to accept inmates immediately 24 upon issuance of the NTP.

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

26 PS - Program Statement. A BOP written directive that establishes 27 policy in a given area.

28 RDAP - Residential Drug Abuse Program. An intensive residential 29 drug treatment program for participants with a verifiable, 30 documented drug abuse problem. It is a course of individual and 31 group activities provided by a team of drug abuse treatment 32 specialists and a drug abuse treatment coordinator in a treatment 33 unit set apart from the general population.

34 Records Office - The office responsible for maintaining records, 35 coordination of movement and other related functions.

36 Safety Equipment - Including, but not limited to, fire fighting 37 equipment (e.g., chemical extinguishers, hoses, nozzles, water

RFP-PCC-0016, Section C, Page 8 of 53

1 supplies, alarm systems, portable breathing devices, gas masks, 2 fans, first aid kits, stretchers).

3 Sensitive But Unclassified - Information which is unclassified 4 information of a sensitive, proprietary or personally private 5 nature which must be protected against release to unauthorized 6 individuals.

7 SENTRY - The BOP’s online real-time database system used 8 primarily for maintaining information about federal inmates. It 9 contains information about sentencing, work assignments, 10 admission/release status and other special assignments for 11 monitoring inmate status. The SENTRY system also includes 12 property management and other modules which address most aspects 13 of incarceration.

14 Subcontract - Any agreement entered into by the contractor who 15 was awarded the contract (“prime contractor”) with another entity 16 to provide services and supplies to accomplish performance of the 17 contract.

18 Subcontractor, Full Time - An individual performing work in the 19 contract facility which requires performance in excess of 29 or 20 more total days or 232 hours which can be accrued incrementally 21 (i.e., 2 hours per week, 3 days per week) or in a one month 22 period.

23 Subcontractor, Part Time - An individual performing work in the 24 contract facility which requires performance of 29 total days or 25 232 hours or less which can be accrued incrementally (i.e., 2 26 hours per week, 3 days per week) in a 29 day period. Part-time 27 subcontractors shall be escorted at all times while in the 28 institution or when outside the institution if the possibility 29 exists of coming into contact with inmates.

30 USMS - United States Marshals Service.

31 Warden - The contractor's official, regardless of title (e.g., 32 Chief Executive Officer), who has ultimate on site responsibility 33 for the overall management and operation of a facility.

34 Additional definitions are contained in the ACA/ACI Standards and 35 Standards Supplement.

RFP-PCC-0016, Section C, Page 9 of 53

1 PERFORMANCE OBJECTIVES

2 A. Contract Performance

3 All services and programs shall comply with the PWS; United 4 States Constitution; all applicable federal, state and local laws 5 and regulations; applicable Presidential Executive Orders (E.O.);

6 all applicable case law; and court orders. Should a conflict 7 exist between any of the aforementioned standards, the most 8 stringent shall apply. When a conflict exists and a conclusion 9 cannot be made as to which standard is more stringent, the CO

10 shall determine the appropriate standard. The contractor shall 11 comply with and implement any applicable changes to BOP policy, 12 Department of Justice (DOJ) regulation, Congressional mandate, 13 federal law, DC law, or E.O. Should the Government invoke such 14 changes, the contractor retains rights and remedies (i.e., 15 equitable adjustment) under the terms and conditions of the 16 contract.

17 The BOP reserves the right to have various staff on site to 18 monitor contract performance. The Government reserves its right 19 to conduct announced and unannounced inspections of any part of 20 the institution at any time and by any method to assess contract 21 compliance.

22 B. General Administration

23 The contractor is required to perform in accordance with the most 24 current edition of the ACA/ACI Standards. The contractor shall 25 obtain ACA accreditation within 24 months of NTP and shall 26 maintain continual compliance with all ACA/ACI Standards during 27 the performance of the contract unless otherwise specified by the 28 CO. Once full accreditation has been obtained, the contractor 29 shall maintain this accreditation throughout the life of the 30 contract, inclusive of any option periods exercised. Failure to 31 perform in accordance with contract requirements and to obtain 32 ACA accreditation within 24 months of NTP may result in a 33 reduction of the monthly operating price in accordance with the 34 contract terms.

35 Accomplishment of some ACA/ACI Standards is augmented by BOP 36 policy and/or procedure. In these instances, the PWS identifies 37 and provides direction for the enhanced requirements.

38 The contractor is responsible for the development and 39 administration of a comprehensive Quality Control Program (QCP) 40 which ensures all requirements of this contract are achieved.

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1 The specific requirements for the QCP are detailed in Section J.

2 Several sections of this PWS require the contractor to maintain a 3 system of records identical to the BOP. The contractor shall not 4 establish a separate system of records without prior written 5 approval of the CO. All records related to contract performance 6 shall be retained in a retrievable format for the duration of the 7 contract. Except as otherwise expressly provided in this PWS, 8 the contractor shall, upon completion or termination of the 9 resulting contract or upon request, transmit to the Government

10 any records related to performance of the contract.

11 The contractor shall comply with all statutes, regulations and 12 guidelines from the National Archives and Records Administration.

13 Records and information management functions are required and 14 mandated by the following regulations: 44 USC 21, 29, 31 and 33;

15 36 Code of Federal Regulations (CFR) Chapter 12, Sub-chapters A 16 and B; Office of Management and Budget (OMB) Circular A-130; and 17 DOJ Order 2710.8C, Removal and Maintenance of, and Access to, 18 Documents. Criminal penalties for unlawfully destroying, 19 damaging or removing federal records is addressed in 18 USC 2071, 20 793, 794 and 798.

21 The contractor shall protect, defend, indemnify, save and hold 22 harmless the Government, BOP and its employees or agents from and 23 against any and all claims, demands, expenses, causes of action, 24 judgments and liability arising out of, or in connection with, 25 any negligent acts or omissions of the contractor, its agents, 26 subcontractors, employees, assignees or any one for whom the 27 contractor may be responsible. The contractor shall also be 28 liable for any and all costs, expenses and attorneys fees 29 incurred as a result of any such claim, demand, cause of action, 30 judgment or liability, including those costs, expenses and 31 attorneys fees incurred by the Government, BOP and its employees 32 or agents. The contractor’s liability shall not be limited by 33 any provision or limits of insurance set forth in the resulting 34 contract.

35 In awarding the contract, the Government does not assume any 36 liability to third parties, nor will the Government reimburse the 37 contractor for its liabilities to third parties, with respect to 38 loss due to death, bodily injury, or damage to property resulting 39 in any way from the performance of the contract or any 40 subcontract under this contract.

41 The contractor shall be responsible for all litigation, including 42 the cost of litigation, brought against it, its employees or

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1 agents for alleged acts or omissions. The CO/COR shall be 2 notified in writing of all litigation pertaining to this contract 3 and provided copies of any pleadings filed or said litigation 4 within five working days of the filing. The contractor shall 5 cooperate with Government legal staff and/or the United States 6 Attorney regarding any requests pertaining to federal or 7 contractor litigation.

8 Policies and procedures shall be developed to ensure a positive 9 relationship is maintained with all levels of the federal

10 judiciary. The contractor’s procedures shall ensure a tracking 11 system is established which mandates all judicial inquiries and 12 program recommendations are responded to in a timely and accurate 13 manner. All judicial inquiries and contractor responses 14 specifically related to an inmate shall be made part of the 15 inmate's central file.

16 The contractor shall notify the COR immediately when a request is 17 made by a member of the United States Congress for information or 18 to visit the institution. All responses to Congress shall be 19 cleared, in advance, by the COR.

20 The COR shall be notified when a request is made for inmate or 21 employee interviews or visits to the institution by any 22 representative of the media as defined by PS 1480.05, News Media 23 Contacts, dated 9/21/00. The contractor shall permit inmate 24 interviews by legitimate media consistent with PS 1480.05.

25 The contractor shall coordinate, in advance, all public 26 information related issues with the CO prior to NTP and the COR 27 after NTP. All press statements and releases shall be cleared, 28 in advance, with the CO prior to NTP and the COR after NTP.

29 The contractor shall ensure employees agree to use appropriate 30 disclaimers clearly stating the employees' opinions do not 31 necessarily reflect the position of the BOP or DOJ in any public 32 presentations they make or articles they write which relate to 33 any aspect of contract performance or the facility operations.

34 The contractor shall promptly make public announcements stating 35 the facts of unusual newsworthy incidents to local media.

36 Examples of such events include, but are not limited to, deaths 37 by other than natural causes, escapes from custody and 38 institution emergencies.

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1 C. Fiscal Management

2 Commissary Operation

3 A commissary shall be operated by the contractor as a privilege 4 for inmates. The commissary shall have items available for 5 purchase which are not required to be furnished by the contractor 6 in accordance with the objectives of the contract. Inmates shall 7 have the opportunity to purchase from the commissary at least 8 once a week. A copy of the commissary inventory shall be 9 provided to the BOP upon request.

10 The contractor shall ensure inmates spend no more on purchases 11 than the BOP’s current national spending limitation for 12 commissary sales. The contractor shall not sell or stock items 13 which are prohibited by the BOP as defined in PS 4500.05, Trust 14 Fund/Deposit Fund Manual, dated 1/22/07, Chapter 3.4.

15 The selling price of each item ordered and sold in the commissary 16 shall be calculated based on the cost of each sellable unit. The 17 markup of merchandise shall be no more than the following: 0% 18 for postage stamps, religious items, education course/resource 19 requirements; 5% for Special Purchase Orders (SPO) purchased at 20 retail cost; 30% on standard/SPOs purchased at non-retail cost;

21 preprinted sales prices printed on packaging will be sold at the 22 preprinted price. Once an item is marked up, any applicable 23 sales tax will need to be added and the total price rounded to 24 the next highest nickel.

25 The contractor shall establish procedures to maintain 26 accountability of all trust fund monies and property to prevent 27 waste, fraud and abuse.

28 The contractor shall review commissary inventories for excessive 29 inventory differences and to ensure the commissary remains within 30 acceptable tolerance levels. The tolerance level for inventory 31 differences is calculated by multiplying .0025 times the last six 32 months sales at cost.

33 The contractor shall establish procedures in accordance with 34 PS 4500.05, Trust Fund/Deposit Fund Manual, dated 1/22/07, 35 Chapter 3, when disposing of commissary merchandise when it is 36 damaged, unfit for resale or destroyed. The total of unsaleable 37 merchandise at cost cannot exceed .0015 times the actual regular 38 commissary semi-annual sales at cost in any one inventory period.

39 Inmate Benefit Fund

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1 Any revenues earned in excess of those needed for commissary 2 operations shall be used to provide benefit to all inmates, via 3 an inmate benefit fund. The contractor may use PS 4500.05, 4 Chapter 2, as a guide for appropriate expenditures from this 5 fund. However, prohibited items, as defined by the BOP, shall 6 not be purchased with commissary revenues. Individual 7 expenditures from the inmate benefit fund that exceed $10,000 8 shall be approved by the contractor’s corporate office. Records 9 of inmate benefit fund expenditures shall be maintained on site

10 at the contract facility and available for review by the BOP. At 11 the conclusion of the contract, the inmate benefit fund shall 12 revert back to the Government. Any interest earned on this fund 13 shall be credited to the inmate benefit fund.

14 Inmate Funds

15 If inmate funds are placed in an interest bearing account, the 16 interest earned must be credited to the inmate.

17 Procedures shall be established for transferring inmate personal 18 funds upon release from the institution, transfer to another 19 institution, or when an inmate requests a funds transfer to an 20 outside source. The contractor shall ensure all inmates who are 21 scheduled for removal to foreign destinations are given all funds 22 immediately prior to release from the institution. Transfer of 23 inmate funds shall occur within five working days upon release 24 from the institution, transfer to another institution, or when an 25 inmate requests a funds transfer to an outside source.

26 Inmates who transfer to a BOP institution shall have their funds 27 sent to the BOP National Lockbox address below in accordance with 28 the procedures defined in PS 4500.05, Chapter 9.5:

29 Federal Bureau of Prisons 30 Insert Inmate Eight Digit Register Number 31 Insert Inmate’s Committed Name 32 PO Box 474701 33 Des Moines, IA 50947-0001

34 Unclaimed Inmate Funds

35 The contractor shall exhaust all avenues to locate inmates and 36 forward their inmate account balances. If after three months the 37 inmate cannot be located, the contractor shall forward the inmate 38 account balance to the BOP as instructed below:

39 1) Check made payable to the individual inmate must

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1 contain the inmate’s committed name and register 2 number. The sender’s name must be included on the 3 check and/or mailing envelope.

4 2) Check made payable to the BOP for the purposes of 5 consolidating several inmate account balances must be 6 accompanied by a Field Submission Form provided by the

7 BOP.

8 3) Field Submission Forms shall list the inmate’s 9 committed name, register number and amount to be

10 credited to the inmate. One Field Submission Form 11 shall be completed for each check.

12 4) Signed memorandum must accompany each Field Submission 13 Form certifying all avenues to locate the inmate(s) 14 listed on the form have been exhausted.

15 5) Unclaimed funds shall be sent to the following address:

16 Federal Bureau of Prisons 17 Insert Inmate Eight Digit Register Number 18 Insert Inmate’s Committed Name 19 Trust Fund Branch/Deposit Fund 20 320 First Street, NW 21 Room 5005 22 Washington, DC 20534

23 D. Personnel

24 For purposes of the Personnel portion of the contract, the terms 25 “employee,” “subject” and “applicant” refer to any person 26 applying to work for the contractor as an employee or 27 subcontractor, or who may already be employed by the contractor, 28 who has not previously completed the personnel security 29 requirements detailed in this section of the contract and who has 30 not received a favorable suitability adjudication from the BOP.

31 The contractor shall develop written procedures for the security 32 and supervision of employees and subcontractors who work on this 33 contract in accordance with the Notice of Contractor Personnel 34 Security Requirements Clause and with the requirements of 35 Homeland Security Presidential Directive-12 (HSPD-12) located in 36 Section I of the contract. The procedures shall include record 37 keeping, identification badges and escort protocols. The 38 contractor shall include these procedures in the contractor’s 39 Personnel Policy Manual.

40 Staffing Plan

41 The contractor may restructure the staffing plan in any manner

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1 that does not reduce the minimum performance requirements of the 2 contract and does not eliminate essential personnel or personnel 3 as required by the most current version of ACA/ACI Standards.

5 The contractor shall provide the CO with a staffing plan and 6 subsequent changes to the staffing plan.

7 Employment Procedures

8 The Warden or designee shall be the contractor’s contact person 9 for all matters regarding the processing of contractor personnel.

10 Prior to employees entry on duty (EOD) at the facility, the 11 contractor shall ensure the following steps are completed for 12 each applicant, full or part time, as listed below:

13 1) Conduct a credit check for employment purposes as 14 described in the Fair Credit Reporting Act;

15 2) Conduct a pre-employment interview;

16 3) Complete an Employment Eligibility Verification (Form 17 I-9);

18 4) Voucher the applicant’s employment record for the past 19 five years;

20 5) Perform a Law Enforcement Agency Check for the past 21 five years;

22 6) Certify the applicant is a U.S. citizen (see below - 23 Other Requirements);

24 7) Certify the applicant has met the residency 25 requirements (see below - Other Requirements);

26 8) Applicant shall complete Questionnaire for Public Trust 27 Positions (SF-85P) or approved equivalent;

28 9) Complete and submit FBI fingerprint form (FD-258);

29 10) Coordinate the process for BOP staff to conduct 30 criminal history checks from the National Crime 31 Information Center (NCIC) and National Law Enforcement 32 Telecommunication System (NLETS).

33 The contractor shall also ensure the following HSPD-12 34 requirements are completed for each applicant who requires access 35 to federal information systems, i.e., SENTRY:

36 • Employment Eligibility Verification (Form I-9) must be 37 verified by a BOP official;

38 • Coordinate the process with the BOP for a National 39 Agency Check with Inquiries (NACI);

40 • Questionnaire for Public Trust Positions (SF-85P) and 41 FBI fingerprint form (FD-258) shall be submitted to the 42 Office of Personnel Management (OPM).

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1 The determination for employment suitability must be made using 2 the BOP’s current Guidelines of Acceptability (Guidelines).

3 Based on steps #1-10 and the Guidelines, the contractor will 4 determine if the applicant is suitable for employment. The 5 Warden shall certify steps #1-10 have been completed with 6 satisfactory results and submit this certification with the 7 applicant’s information to the BOP for conditional approval. The 8 applicant’s information shall include the following: full name, 9 date of birth, driver’s license number and issuing state, social

10 security number and position applied for.

11 The contractor shall also certify the HSPD-12 requirements listed 12 above have been completed for applicants requiring access to 13 federal information systems. The contractor’s request for 14 conditional approval for these applicants must include the 15 schedule date for the OPM-NACI investigation and indicate the 16 request is for a moderate risk level position.

17 After receiving the BOP’s conditional approval, the contractor 18 shall complete the following steps:

19 11) Conduct a urinalysis in accordance with PS 3735.04, 20 Drug Free Workplace, dated 6/30/97;

21 12) Applicant shall complete Supplemental Questionnaire for 22 Selected Positions (OPM SF-85P-S) or approved 23 equivalent;

24 13) Notify COR of Limited Background Investigation (LBI) 25 initiation.

26 Positions requiring the OPM SF-85P-S or equivalent are those 27 employees required to carry firearms during the course of their 28 employment.

29 Contractor responsibilities subsequent to EOD date:

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

31 15) Receipt and review of LBI report (Section J).

32 The BOP retains authority to approve all contractor staff, 33 subcontractor employees and volunteers who work or have contact 34 with federal inmates under the terms of this contract. No 35 individual who is under supervision or jurisdiction of any 36 parole, probation, or correctional authority shall be employed.

37 The contractor shall develop procedures to coordinate with the 38 COR to process and initiate NCIC/NLETS functions in accordance 39 with PS 1280.11, JUST, NCIC, and NLETS Telecommunication Systems

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1 (Management and Use), dated 1/7/00, for criminal history checks 2 to maintain institution security. NCIC/NLETS may not be utilized 3 for Justice Employment checks. The contractor shall adhere to 4 the Federal Bureau of Investigation (FBI) Criminal Justice 5 Information Services (CJIS) Security Addendum as included in 6 Section J of the contract. The contractor shall ensure use of 7 NCIC/NLETS is performed only to the direct benefit and 8 furtherance of the contract. The contractor shall develop 9 procedures to coordinate with the COR to process and submit the

10 forms required to obtain a NACI in accordance with the provisions 11 of HSPD-12 as located in Section I of the contract and as 12 required by OPM.

13 Within one year of each on-site employee’s EOD, the contractor 14 shall obtain, review, identify and resolve derogatory information 15 contained on the LBI results using the Adjudication Standards for 16…