section c - SOW.amend 2.pdf

RFP-PCC-0016, Section C, Page 1 of 54

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

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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

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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 100 inmates per week. The estimated weekly 34 movement to the institution will result in the population meeting 35 the 1,380 bed requirement in 13 weeks. The institution 36 activation schedule of 100 inmates per week is an estimate only.

37 Actual movement will depend on many factors, including, but not 38 limited to, the contractor's ability to provide services in 39 accordance with the contract; sentencing of offenders by DC and 40 federal courts and designation of offenders by the BOP.

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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.

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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

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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.

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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

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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.

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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 4500.06, Trust 14 Fund/Deposit Fund Manual, dated 2/19/09, 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 4500.06, Trust Fund/Deposit Fund Manual, dated 2/19/09, 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.

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1 Inmate Benefit Fund

2 Any revenues earned in excess of those needed for commissary 3 operations shall be used to provide benefit to all inmates, via 4 an inmate benefit fund. The contractor may use PS 4500.06, 5 Chapter 2, as a guide for appropriate expenditures from this 6 fund. However, prohibited items, as defined by the BOP, shall 7 not be purchased with commissary revenues. Individual 8 expenditures from the inmate benefit fund that exceed $10,000 9 shall be approved by the contractor’s corporate office. Records

10 of inmate benefit fund expenditures shall be maintained on site 11 at the contract facility and available for review by the BOP. At 12 the conclusion of the contract, the inmate benefit fund shall 13 revert back to the Government. Any interest earned on this fund 14 shall be credited to the inmate benefit fund.

15 Inmate Funds

16 If inmate funds are placed in an interest bearing account, the 17 interest earned must be credited to the inmate.

18 Procedures shall be established for transferring inmate personal 19 funds upon release from the institution, transfer to another 20 institution, or when an inmate requests a funds transfer to an 21 outside source. The contractor shall ensure all inmates who are 22 scheduled for removal to foreign destinations are given all funds 23 immediately prior to release from the institution. Transfer of 24 inmate funds shall occur within five working days upon release 25 from the institution, transfer to another institution, or when an 26 inmate requests a funds transfer to an outside source.

27 Inmates who transfer to a BOP institution shall have their funds 28 sent to the BOP National Lockbox address below in accordance with 29 the procedures defined in PS 4500.06, Chapter 9.5:

30 Federal Bureau of Prisons 31 Insert Inmate Eight Digit Register Number 32 Insert Inmate’s Committed Name 33 PO Box 474701 34 Des Moines, IA 50947-0001

35 Unclaimed Inmate Funds

36 The contractor shall exhaust all avenues to locate inmates and 37 forward their inmate account balances. If after three months the 38 inmate cannot be located, the contractor shall forward the inmate 39 account balance to the BOP as instructed below:

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1 1) Check made payable to the individual inmate must 2 contain the inmate’s committed name and register 3 number. The sender’s name must be included on the 4 check and/or mailing envelope.

5 2) Check made payable to the BOP for the purposes of 6 consolidating several inmate account balances must be 7 accompanied by a Field Submission Form provided by the

8 BOP.

9 3) Field Submission Forms shall list the inmate’s

10 committed name, register number and amount to be 11 credited to the inmate. One Field Submission Form 12 shall be completed for each check.

13 4) Signed memorandum must accompany each Field Submission 14 Form certifying all avenues to locate the inmate(s) 15 listed on the form have been exhausted.

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

17 Federal Bureau of Prisons 18 Insert Inmate Eight Digit Register Number 19 Insert Inmate’s Committed Name 20 Trust Fund Branch/Deposit Fund 21 320 First Street, NW 22 Room 5005 23 Washington, DC 20534

24 D. Personnel

25 For purposes of the Personnel portion of the contract, the terms 26 “employee,” “subject” and “applicant” refer to any person 27 applying to work for the contractor as an employee or 28 subcontractor, or who may already be employed by the contractor, 29 who has not previously completed the personnel security 30 requirements detailed in this section of the contract and who has 31 not received a favorable suitability adjudication from the BOP.

32 The contractor shall develop written procedures for the security 33 and supervision of employees and subcontractors who work on this 34 contract in accordance with the Notice of Contractor Personnel 35 Security Requirements Clause and with the requirements of 36 Homeland Security Presidential Directive-12 (HSPD-12) located in 37 Section I of the contract. The procedures shall include record 38 keeping, identification badges and escort protocols. The 39 contractor shall include these procedures in the contractor’s 40 Personnel Policy Manual.

41 Staffing Plan

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1 The contractor may restructure the staffing plan in any manner 2 that does not reduce the minimum performance requirements of the 3 contract and does not eliminate essential personnel or personnel 4 as required by the most current version of ACA/ACI Standards.

6 The contractor shall provide the CO with a staffing plan and 7 subsequent changes to the staffing plan.

8 Employment Procedures

9 The Warden or designee shall be the contractor’s contact person 10 for all matters regarding the processing of contractor personnel.

11 Prior to employees entry on duty (EOD) at the facility, the 12 contractor shall ensure the following steps are completed for 13 each applicant, full or part time, as listed below:

14 1) Conduct a credit check for employment purposes as 15 described in the Fair Credit Reporting Act;

16 2) Conduct a pre-employment interview;

17 3) Complete an Employment Eligibility Verification (Form 18 I-9);

19 4) Voucher the applicant’s employment record for the past 20 five years;

21 5) Perform a Law Enforcement Agency Check for the past 22 five years;

23 6) Certify the applicant is a U.S. citizen (see below - 24 Other Requirements);

25 7) Certify the applicant has met the residency 26 requirements (see below - Other Requirements);

27 8) Applicant shall complete Questionnaire for Public Trust 28 Positions (SF-85P) or approved equivalent;

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

30 10) Coordinate the process for BOP staff to conduct 31 criminal history checks from the National Crime 32 Information Center (NCIC) and National Law Enforcement 33 Telecommunication System (NLETS).

34 The contractor shall also ensure the following HSPD-12 35 requirements are completed for each applicant who requires access 36 to federal information systems, i.e., SENTRY:

37 • Employment Eligibility Verification (Form I-9) must be 38 verified by a BOP official;

39 • Coordinate the process with the BOP for a National 40 Agency Check with Inquiries (NACI);

41 • Questionnaire for Public Trust Positions (SF-85P) and 42 FBI fingerprint form (FD-258) shall be submitted to the

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1 Office of Personnel Management (OPM).

2 The determination for employment suitability must be made using 3 the BOP’s current Guidelines of Acceptability (Guidelines).

4 Based on steps #1-10 and the Guidelines, the contractor will 5 determine if the applicant is suitable for employment. The 6 Warden shall certify steps #1-10 have been completed with 7 satisfactory results and submit this certification with the 8 applicant’s information to the BOP for conditional approval. The 9 applicant’s information shall include the following: full name, 10 date of birth, driver’s license number and issuing state, social 11 security number and position applied for.

12 The contractor shall also certify the HSPD-12 requirements listed 13 above have been completed for applicants requiring access to 14 federal information systems. The contractor’s request for 15 conditional approval for these applicants must include the 16 schedule date for the OPM-NACI investigation and indicate the 17 request is for a moderate risk level position.

18 After receiving the BOP’s conditional approval, the contractor 19 shall complete the following steps:

20 11) Conduct a urinalysis in accordance with PS 3735.04, 21 Drug Free Workplace, dated 6/30/97;

22 12) Applicant shall complete Supplemental Questionnaire for 23 Selected Positions (OPM SF-85P-S) or approved 24 equivalent;

25 13) Notify COR of Limited Background Investigation (LBI) 26 initiation.

27 Positions requiring the OPM SF-85P-S or equivalent are those 28 employees required to carry firearms during the course of their 29 employment.

30 Contractor responsibilities subsequent to EOD date:

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

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

33 The BOP retains authority to approve all contractor staff, 34 subcontractor employees and volunteers who work or have contact 35 with federal inmates under the terms of this contract. No 36 individual who is under supervision or jurisdiction of any 37 parole, probation, or correctional authority shall be employed.

38 The contractor shall develop procedures to coordinate with the 39 COR to process and initiate NCIC/NLETS functions in accordance

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1 with PS 1280.11, JUST, NCIC, and NLETS Telecommunication Systems 2 (Management and Use), dated 1/7/00, for criminal history checks 3 to maintain institution security. NCIC/NLETS may not be utilized 4 for Justice Employment checks. The contractor shall adhere to 5 the Federal Bureau of Investigation (FBI) Criminal Justice 6 Information Services (CJIS) Security Addendum as included in 7 Section J of the contract. The contractor shall ensure use of 8 NCIC/NLETS is performed only to the direct benefit and 9 furtherance of the contract. The contractor shall develop

10 procedures to coordinate with the COR to process and submit the 11 forms required to obtain a NACI in accordance with the provisions 12 of HSPD-12 as located in Section I of the contract and as 13 required by OPM.

14 Within one year of each on-site employee’s EOD, the contractor 15 shall obtain, review, identify and resolve derogatory information 16 contained on the LBI results using the Adjudication Standards for 17 Resolving Limited Background Investigations and Periodic Re- 18 investigations outlined in Section J. The contractor shall 19 determine the employee’s suitability for employment under this 20 contract. Investigations with little or no derogatory 21 information will be reviewed and forwarded to the COR within 90 22 days of the investigation completion date. Investigations 23 requiring resolution of derogatory information will be forwarded 24 within 180 days of the investigation completion date. Extended 25 adjudication time frames on a case-by-case basis may be requested 26 from the COR.

27 The contractor shall ensure all employees and full-time 28 subcontractor employees are reinvestigated as prescribed in the 29 Scope and Coverage of a Periodic Reinvestigation in Section J of 30 the contract.

31 Upon receipt, review and resolution of any derogatory information 32 contained in the reinvestigation report, the Warden shall forward 33 to the COR a written final determination regarding the employee’s 34 continued employment under this contract. A copy of the 35 reinvestigation report results shall be attached.

36 The contractor shall maintain all personnel records on site for 37 the duration of the contract and make these records available to 38 the BOP upon request.

39 Waivers

40 If the applicant does not meet the BOP’s current Guidelines and 41 is still a desirable employee, the contractor may request a 42 written waiver to the Guidelines, submitted to the COR, which

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1 includes:

2 1) details and circumstances of the applicant’s behavior 3 which is outside the Guidelines;

4 2) reason(s) why the applicant should receive further 5 consideration; and 6 3) availability of other suitable applicants.

7 Other Requirements

8 The contractor shall not employ any individual who has a felony 9 or misdemeanor conviction of domestic violence.

10 The contractor shall not employ any individual who is not a U.S.

11 citizen unless otherwise approved by the CO. Citizens of the 12 United States include those who were: born in the United States 13 (the fifty states, District of Columbia, Puerto Rico, Guam (since 14 1950), or the United States (Virgin Islands); born outside the 15 United States to parents who are citizens of the United States, 16 one of which was physically present in the United States or one 17 of its outlying possessions for a continuous period of one year 18 at any time prior to the birth of the person (in some situations 19 only one person has to be a citizen); naturalized as a U.S.

20 citizen; or otherwise granted citizenship under authorities 21 described in law, beginning at 8 USC 1401. For non-citizen 22 applicants of subcontractors, the contractor must seek approval 23 from the CO. Non-citizen applicants of subcontractors must be 24 citizens of an allied nation as defined by OPM (see http://www.opm.gov/employ/html/Citizen.htm). 25

26 All applicants or subcontractors (U.S. citizen or otherwise) must 27 have, immediately prior to applying for a position:

28 1) resided in the United States three of the past five 29 years;

30 2) worked for the United States overseas in a federal or 31 military capacity; or 32 3) been a dependent of a federal or military employee 33 serving overseas.

34 The CO has final approval authority for non-citizen and non- 35 residency employment for all potential employees and 36 subcontractors.

37 The contractor shall maintain verification of training and 38 experience which shall include credentials for all professional 39 staff. All credentials shall be kept current and maintained for http://www.opm.gov/employ/html/citizen.htm)

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1 the duration of the individual’s performance under the contract.

2 Employment Agreement

3 In the absence of a collective bargaining agreement, the 4 contractor must enter into a written employment agreement with 5 each employee assigned to work at the contractor’s facility.

6 This agreement must provide, in recognition of the public safety 7 requirements for uninterrupted services at the contractor’s 8 facility and in return for adequate consideration, including 9 grievance procedures, the contractor employee agrees not to

10 strike or otherwise interrupt normal operations at the 11 contractor’s facility without giving 30 days advance written 12 notice.

13 The contractor must ensure a contingency plan covering work 14 actions or strikes is developed and maintained in a secure 15 location.

16 In the event the contractor negotiates collective bargaining 17 agreements applicable to the work force under the contract, the 18 contractor must use its best efforts to ensure such agreements 19 contain provisions designed to ensure continuity of services.

20 All such agreements entered into during the contract period of 21 performance should provide grievances and disputes involving the 22 interpretation or application of the agreement will be settled 23 without resorting to strike, lockout or other interruption of 24 normal operations.

25 For this purpose, each collective bargaining agreement should 26 provide an effective grievance procedure with arbitration as its 27 final step unless the parties mutually agree upon some other 28 method of assuring continuity of operations. As part of such 29 agreements, management and labor should agree to cooperate fully 30 with the Federal Mediation and Conciliation Service. The 31 contractor shall include the substance of this clause (paragraph, 32 provision, etc.) in any subcontracts for protective services.

33 Staffing

34 The following are essential personnel with respective minimum 35 qualification requirements and are critical for performance of 36 the contract. The contractor may use other titles. Within 15 37 days of contract award, the contractor shall submit a written 38 request (to include a resume) to the COR for conditional 39 contractor employment approval of the Project Coordinator, 40 Warden(s) and Associate Warden(s). The 15-day period may be 41 extended for the Warden(s) and Associate Warden(s) positions if

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1 requested in writing by the contractor and approved by the CO.

2 Project Coordinator - Knowledge and experience within the 3 last five years in planning and executing similar contract 4 requirements as contained within this PWS.

5 Warden(s) - Knowledge of program objectives, policies, 6 procedures and requirements for managing a secure 7 correctional facility. A minimum of 10 years experience in 8 corrections or related field with experience in the 9 management of a correctional facility at the Associate

10 Warden level or above.

11 Associate Warden(s) - Knowledge of program objectives, 12 policies, procedures and requirements for managing a 13 correctional facility. A minimum of 10 years experience in 14 corrections or related field with 5 years experience in the 15 field of corrections at the level of mid-management.

16 The essential personnel listed below are critical for the 17 performance of this contract and must have: knowledge of program 18 objectives, policies, procedures and requirements specific to 19 their department. A minimum of five years experience specific to 20 their department is required.

21 Administrator, Religious Services 22 Case Management Coordinator 23 Chief, Correctional Services 24 Computer Services Manager 25 Correctional Shift Supervisors 26 Facilities Manager/Administrator 27 Food Service Administrator 28 Human Resource Manager 29 Inmate Systems/Records Office Manager 30 Intelligence Officer 31 Medical Services Administrator 32 Quality Control Specialist 33 Safety/Environmental Specialist

34 The Administrator, Religious Services shall meet the 35 certification standards of the American Correctional Chaplains 36 Association.

37 The CO may reduce the monthly invoice for salaries and benefits 38 on any unfilled essential position.

39 Subcontractors

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1 Full-time Subcontractors: The contractor shall complete steps 2 #1-15, as outlined in Employment Procedures above, for each full- 3 time subcontractor employee. Any full-time subcontractor 4 requiring SENTRY access must also have the HSPD-12 requirements 5 completed.

6 Part-time Subcontractors: The contractor, at a minimum, shall 7 complete the following for all part-time subcontractors:

8 1) Employment Eligibility Verification (Form I-9);

9 2) Coordinate the process for BOP staff to conduct

10 criminal history checks - NCIC/NLETS.

11 Any part-time subcontractor requiring SENTRY access must also 12 have the HSPD-12 requirements completed.

13 The contractor shall use the BOP’s current Guidelines when 14 determining subcontractor employment. In addition, the 15 contractor shall not hire any subcontractor, full time or part 16 time, who under the following circumstances: knows any person or 17 has any relatives who are currently incarcerated in the facility;

18 has any criminal charges currently pending; or is currently under 19 any incarceration order, probation, or court supervision.

20 Subcontractor employees are required to adhere to the 21 contractor’s Standards of Conduct mentioned below. The BOP has 22 the authority to approve all subcontractors who have contact with 23 federal inmates under the terms of this contract.

24 Volunteers

25 The contractor shall develop written procedures for the use, 26 security and supervision of volunteers. The procedures shall 27 outline record keeping, identification badges and escort 28 protocols. The contractor shall include these procedures in the 29 Personnel Policy Manual.

30 Volunteers must be 18 years old or older. Ex-offenders with at 31 least three years of crime-free conduct after release, or with a 32 favorable report upon completion of probation or parole, may be 33 utilized as volunteers. Volunteers shall not be granted waivers 34 for unescorted status or passes.

35 The contractor shall complete the following for each volunteer 36 working in the facility:

37 1) Full name and personal information, (e.g., address, 38 date of birth, driver’s license number and issuing

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1 state, social security number);

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

3 3) Coordinate the process for BOP staff to conduct 4 criminal history checks - NCIC/NLETS.

5 The contractor, at a minimum, shall review the volunteer’s 6 personal information. The COR will review any criminal 7 background information to determine if the applicant is suitable 8 in accordance with the BOP’s current Guidelines for entrance into 9 the facility.

10 Volunteers are required to adhere to the contractor’s Standards 11 of Conduct mentioned below. The BOP has the authority to approve 12 all volunteers who have contact with federal inmates under the 13 terms of this contract.

14 Standards of Conduct

15 The contractor shall develop written Standards of Conduct on 16 employee conduct, ethics and responsibility. The contractor’s 17 Standards of Conduct shall include those standards defined in 18 Section J. These standards shall be a part of the Personnel 19 Policy Manual. The contractor shall document and ensure all 20 employees review the Standards of Conduct annually. In addition 21 to employees, subcontractors and volunteers are also required to 22 adhere to the Standards of Conduct at all times. Employees, 23 subcontractors and volunteers shall receive Standards of Conduct 24 Training as part of their individual institutional 25 familiarization and annual training. Notices explaining 26 employees rights to report misconduct and contact information for 27 all investigative authorities of competent jurisdiction shall be 28 prominently displayed.

29 The contractor shall refer allegations of employee, subcontractor 30 or volunteer misconduct in accordance with procedures defined by 31 the BOP. The contractor shall cooperate fully with the cognizant 32 authority in any investigation of alleged misconduct.

33 The Government reserves its right, consistent with its 34 obligations under applicable law, to conduct investigations of 35 any alleged misconduct which has the potential to adversely 36 impact the programs or operations of the DOJ and BOP, including 37 the care, custody, health and safety of inmates and BOP staff or, 38 where applicable, the correctional institution and to withdraw 39 final employment approval authority for any employee as warranted 40 by Standards of Conduct violations.

41 E. Training and Staff Development

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1 The Government will provide specialized training to assist the 2 contractor in performing some specialized requirements. The 3 training will be provided to the contractor at no cost and on a 4 one-time basis only, if not previously provided under a prior 5 contract award. Contract employees’ travel/lodging expenses will 6 not be paid by the BOP. To receive the training, the contractor 7 must submit a written request to the COR outlining the training 8 participants and time frame for training.

9 1. Records Office (Records Office Staff) 10 Training 11 a. Movement Coordination Training - 6 hours 13 Self Study Courses and Modules 14 a. Mail Room Self Study and Survival Skills Guide 15 b. Receiving and Discharge Self Study and Survival Skills 16 Guide 17 c. Processing Inmates In-Out Module 18 d. Detainers, Writs and IAD Module 19 e. Mailroom Management Module 20 f. Sentence Computation and Judgement and Commitment File 21 Module

22 2. Correctional Programs (Affected Staff) 23 a. Case Management/Central Inmate Monitoring (includes 24 Victim Notification System) - 24 hours 25 b. Inmate Discipline Training - 24 hours 26 c. Disciplinary Hearing Officer (DHO) Training - 24 hours 27 d. Joint Automated Booking System (JABS) - 16 hours 28 e. NCIC/NLETS (Practitioner/Administrator) - training disk 29 f. Adam Walsh Training - 4 hours 30 g. RDAP Training - 40 hours

31 3. Other 32 a. Human Resource Management (includes background 33 investigation issues) - 24 hours 34 b. Basic SENTRY - 2 hours 35 c. Central Inmate Monitoring Certification Correspondence 36 Course

37 The contractor may request, at its expense and subject to the 38 approval of the COR, additional Government training to supplement 39 the initial training outlined above or other training as it 40 applies to BOP-mandated contract performance.

41 The contractor shall develop and implement a comprehensive staff 42 training program addressing the institution’s sexual abuse/ 43 assault prevention and intervention program. Written policy, RFP-PCC-0016, Section C, Page 24 of 54

1 procedure and practice shall provide all staff, to include 2 volunteers, receive such training prior to assumption of 3 duties and on an annual basis as part of the institution’s in- 4 service training plan.

5 Pre-service and in-service training shall be augmented with 6 specialized training and continuing education for appropriate 7 staff (e.g., case managers, counselors, psychology services 8 staff, chaplaincy staff, correctional officers, investigatory 9 officials, health/mental health care providers, etc.).

10 The contractor shall provide disturbance control training to 11 appropriate staff.

12 F. Case Records

13 Inmate Files

14 All inmate files (e.g., central files, medical files, judgment 15 and commitment (J&C) files, etc.) are to be prepared, maintained 16 and disposed of in accordance with BOP format and procedures.

17 Policy and procedures shall be developed to ensure the 18 confidentiality and security of all inmate central files (e.g., 19 J&C files, central files, United States Parole Commission mini- 20 files) in accordance with PS 5800.13, Inmate Systems Management 21 Manual, dated 6/28/02, PS 5800.11, Inmate Central File, Privacy 22 Folder, and Parole Mini-Files, dated 12/31/97, and in accordance 23 with all applicable federal provisions (e.g., 5 USC 552 and 24 552a).

25 Records Office Procedures

26 The contractor shall interact with other agencies to satisfy 27 outstanding inmate obligations, including, but not…