CAR_15_PWS_13_06_20.pdf

June 26, 2013 Page 1

RFP-PCC-0022 1

SECTION C – PERFORMANCE WORK STATEMENT 2

Table of Contents 3

INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . 2 5

EXPLANATION OF PERFORMANCE WORK STATEMENT TERMS . . . . . . . 5 6

PERFORMANCE OBJECTIVES 7

A. Contract Performance. . . . . . . . . . . . . . . . 9 8 B. General Administration. . . . . . . . . . . . . . . 9 9 C. Fiscal Management . . . . . . . . . . . . . . . . . 11 10 D. Personnel . . . . . . . . . . . . . . . . . . . . . 14 11 E. Training and Staff Development. . . . . . . . . . . 23 12 F. Case Records. . . . . . . . . . . . . . . . . . . . 25 13 G. Information System and Research . . . . . . . . . . 27 14 H. Physical Plant. . . . . . . . . . . . . . . . . . . 30 15 I. Security and Control. . . . . . . . . . . . . . . . 33 16 J. Discipline. . . . . . . . . . . . . . . . . . . . . 39 17 K. Inmate Rights . . . . . . . . . . . . . . . . . . . 40 18 L. Reception and Orientation . . . . . . . . . . . . . 41 19 M. Classification. . . . . . . . . . . . . . . . . . . 43 20 N. Food Service. . . . . . . . . . . . . . . . . . . . 45 21 O. Health Care . . . . . . . . . . . . . . . . . . . . 47 22 P. Work and Correctional Industries. . . . . . . . . . 55 23 Q. Academic and Vocational Education . . . . . . . . . 55 24 R. Recreation and Activities . . . . . . . . . . . . . 56 25 S. Telephone . . . . . . . . . . . . . . . . . . . . . 56 26

June 26, 2013 Page 2

INTRODUCTION 1

This Performance Work Statement (PWS) sets forth the contract 2 performance requirements for the management and operation of a 3 contract correctional institution(s) to accommodate 4 approximately 3,827 beds for a low security adult male 5 population consisting primarily of criminal aliens. The 6 criminal alien population will ordinarily be low security non-7 U.S. citizen, primarily Mexican, adult males with 90 months or 8 less remaining to serve on their sentences. 9

The proposed facility shall be an existing facility, which is 10 defined as a secure facility which was complete and ready for 11 occupancy prior to the date the Pre-Solicitation Notice was 12 released. Any construction, expansion or renovation must not 13 interfere with or delay the arrival of the inmates. 14

The facility must be able to meet all of the requirements of the 15 solicitation. 16

The proposed facility must be located anywhere in the 17 continental United States with the following exception. A 18 minimum of 1,500 beds will be awarded within one of the 19 following states: Ohio, Michigan, Pennsylvania, Delaware, New 20 Jersey or New York. Multiple awards will be possible outside of 21 the Northeast with a minimum of 1,000 beds. There will be no 22 single award greater than 2,000 beds. 23

Offerors are prohibited from housing non-Department of Justice 24 (DOJ) inmates within the same fence perimeter; however, multiple 25 populations at a prison complex with separate fence lines are 26 acceptable. Services received from or provided to the resulting 27 contract shall not be shared with other non-DOJ contractual 28 obligations. The Bureau of Prisons (BOP) population must remain 29 separate from other populations at all times. 30

The contractor will be required to house a daily population up 31 to 15% over the 100% accepted contract beds. The institution 32 shall include a Special Housing Unit (SHU) with a minimum 33 capacity of 100 beds which shall not be included in the 115% and 34 shall be additional beds used only for the SHU. 35

The contractor shall ensure the facility operates in a manner 36 consistent with the mission of the BOP. The BOP’s mission is 37 the protection of society by confining offenders in the 38 controlled environments of prisons and community-based 39 facilities which are safe, humane, cost-efficient, and 40 appropriately secure and provide work and other self-improvement 41

June 26, 2013 Page 3 opportunities to assist inmates in becoming law abiding 1 citizens. 2

The contractor shall be ready to begin accepting inmates and 3 assume full responsibility for the operation, maintenance and 4 security of the institution no later than June 1, 2015, at which 5 time a Notice to Proceed (NTP) is anticipated to be issued and 6 April 1, 2016, at which time a second NTP is anticipated to be 7 issued. Prior to issuance of the NTP, the BOP will perform 8 numerous assessments to ensure the contractor is prepared to 9 accept responsibility for performing all requirements of the 10 contract. 11

The contractor shall notify the Contracting Officer (CO) in 12 writing when it is ready to accept inmates and assume full 13 responsibility for the operation, maintenance and security of 14 the institution no later than 30 days prior to the contractor’s 15 expected NTP date. 16

Unless otherwise specified, all plans, policies and procedures, 17 including those identified in the most current edition of the 18 American Correctional Association Standards for Adult 19 Correctional Institutions (ACA/ACI Standards), shall be 20 developed by the contractor and submitted in writing to the 21 Contracting Officer’s Representative (COR) for review and 22 concurrence prior to issuance of the NTP. Once concurrence has 23 been granted, these plans, policies and procedures shall not be 24 modified without the prior written concurrence of the COR. 25

The NTP will be issued subsequent to receiving the contractor’s 26 notification it is prepared to receive inmates and the BOP’s 27 sole determination the contractor is capable of accepting 28 inmates. The contractor shall be prepared to accept inmates 29 immediately upon the issuance of the NTP. 30

It is anticipated the BOP will predominantly designate non-U.S. 31 citizens with deportation orders to the institution. However, 32 the BOP may designate any inmate within its custody, utilizing 33 the same designation criteria as used at other BOP low security 34 facilities. PS 5100.08, Inmate Security Designation and Custody 35 Classification, dated 9/12/06, outlines the procedures for 36 designating inmates. 37

Inmate movement to the institution is anticipated to occur at an 38 estimated rate of 80 inmates per week. The estimated weekly 39 movement to the institution will result in a population of 40 approximately 1,500-2,000 inmates in 19-25 weeks and 1,000-2,000 41 inmates in 13-25 weeks. The institution activation schedule of 42 80 inmates per week is an estimate only. Actual movement will 43

June 26, 2013 Page 4 depend upon many factors, including, but not limited to, the 1 contractor’s ability to provide services in accordance with the 2 contract, sentencing by the federal courts and the BOP 3 designation process. 4

The contractor does not have a right of refusal and shall accept 5 all designations from the BOP. 6

The contractor is prohibited from constructing any additional 7 bed space or facilities at the contract location after award 8 without the prior written approval of the CO. 9

The contractor shall furnish all personnel, management, 10 equipment, supplies and services necessary for the performance 11 of all aspects of the contract. Unless explicitly stated 12 otherwise, the contractor is responsible for all costs 13 associated with and incurred as part of providing the services 14 outlined in this contract.15

June 26, 2013 Page 5

EXPLANATION OF PERFORMANCE WORK STATEMENT TERMS 1

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

BOP – Federal Bureau of Prisons. 10

CAS – Civil Applicant System 11

CO – Contracting Officer. A Government employee, who by virtue 12 of a Contracting Officer’s Warrant, is the only Government 13 employee authorized to obligate, negotiate, award, administer, 14 cancel or terminate contracts on behalf of the United States 15 Government. COs are responsible for ensuring performance of all 16 necessary actions for effective contracting, ensuring compliance 17 with the terms of the contract and safeguarding the interests of 18 the Government in its contractual relationships. 19

Contract Award Date – The date the CO signs the contract. 20

Contract Day – A “day” is considered a calendar day. 21

Contractor – The entity to which the Government has awarded the 22 contract. 23

COR – Contracting Officer’s Representative. The Government 24 employee, designated in writing by the CO, authorized to perform 25 certain limited functions on behalf of the CO. The extent of 26 COR responsibilities are outlined in Section G of the contract 27 and the COR Designation Letter which will be provided to the 28 contractor. Typically, the COR is the Privatization Field 29 Administrator and/or the Senior Secure Institution Manager. 30

Credentials – Documents permitting primary source verification 31 regarding qualifications, including education, training, 32 licensor, experience and board certification of an employee. 33

DHO – Discipline Hearing Officer. The Government trained and 34 certified contractor employee responsible for conducting 35 disciplinary hearings. 36

DOJ – Department of Justice. 37

DSCC – Designation and Sentence Computation Center. 38

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Emergency – Any significant disruption of normal institution 1 procedure, policy or activity caused by inmate disturbances, 2 work or food strikes, food borne illnesses, escapes, fires, 3 natural disasters, employee strikes or work stoppages or other 4 serious incidents. 5

EOIR – Executive Office for Immigration Review. A component of 6 the DOJ with responsibility for interpreting and administering 7 federal immigration law by conducting immigration court 8 proceedings, appellate reviews and administrative hearings. The 9 organization adjudicates immigration cases involving detained 10 aliens, criminal aliens and aliens seeking asylum as a form of 11 relief from removal. 12

FBI – Federal Bureau of Investigation. 13

FOIA Exempt – Information which is exempt from release under the 14 Freedom of Information Act, 5 United States Code (USC) 552. 15

Former Inmate – A person who has been found guilty of committing 16 a felony or misdemeanor for whom less than one year has elapsed 17 since release from custody or any type of supervision. 18

HSU – Health Services Unit. The organizational unit providing 19 routine and emergency health care. The HSU is the designated 20 part of a facility delivering health care to inmates. 21

ICE – United States Immigration and Customs Enforcement. 22

Inmate – An individual confined under the auspices and authority 23 of the BOP or under supervision of a federal court. 24

Inmate Records – Information concerning an inmate’s personal, 25 criminal and medical history, behavior and activities while in 26 custody. This may include detainers, personal property 27 receipts, visitor lists, photographs, fingerprints, disciplinary 28 infractions and actions taken, grievance reports, work 29 assignments, program participation, miscellaneous correspondence 30 and forms prescribed by Government policy, etc. 31

Lethal Force – The force a person uses with the purpose of 32 causing or which they know or should know would create a 33 substantial risk of causing death or serious bodily harm. 34

MOAR – Minimum Operational Availability Rate. The monthly rate 35 for computer services/resource components which is a percentage 36 calculated by dividing the accumulated monthly down time hours 37 by the total number of hours of operation for a given month. 38

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Negative Pressure Room – A room where the direction of air flow 1 is controlled by creating a lower (negative) pressure in the 2 area into which flow of air is desired. 3

NTP – Notice to Proceed. The official written notice signed and 4 issued by the CO which authorizes the contractor to proceed with 5 the contract and begin providing services under the contract. 6 The contractor shall be prepared to accept inmates immediately 7 upon issuance of the NTP. 8

OIG - Office of the Inspector General, DOJ. 9

PS – Program Statement. A BOP written directive that 10 establishes policy in a given area. 11

Records Office – The office responsible for maintaining records, 12 coordination of movement and other related functions. 13

Safety Equipment – Including, but not limited to, fire-fighting 14 equipment (e.g., chemical extinguishers, hoses, nozzles, water 15 supplies, alarm systems, portable breathing devices, gas masks, 16 fans, first aid kits, stretchers). 17

Sensitive But Unclassified – Information which is unclassified 18 information of a sensitive, proprietary or personally private 19 nature which must be protected against release to unauthorized 20 individuals. 21

SENTRY – The BOP’s online real-time database system used 22 primarily for maintaining information about federal inmates. It 23 contains information about sentencing, work assignments, 24 admission/release status and other special assignments for 25 monitoring inmate status. The SENTRY system also includes 26 property management and other modules which address most aspects 27 of incarceration. 28

Subcontract – Any agreement entered into by the contractor who 29 was awarded the contract (“prime contractor”) with another 30 entity to provide services and supplies to accomplish 31 performance of the contract. 32

Subcontractor, Full Time – An individual performing work in the 33 contract facility which requires performance in excess of 29 or 34 more total days or 232 hours which can be accrued incrementally 35 (i.e., 2 hours per week, 3 days per week) or in a one month 36 period. 37

Subcontractor, Part Time – An individual performing work in the 38 contract facility which requires performance of 29 total days or 39 232 hours or less which can be accrued incrementally (i.e., 2 40

June 26, 2013 Page 8 hours per week, 3 days per week) or 29 days at one time. Part-1 time subcontractors shall be escorted at all times while in the 2 institution or when outside the institution if the possibility 3 exists of coming into contact with inmates. 4

USMS – United States Marshals Service. 5

Warden – The contractor’s official, regardless of title (e.g., 6 Chief Executive Officer), who has ultimate onsite responsibility 7 for the overall management and operation of a facility. 8

Additional definitions are contained in the ACA/ACI Standards 9 and Standards Supplement. 10

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PERFORMANCE OBJECTIVES 1

A. Contract Performance 2

All services and programs shall comply with the PWS; United 3 States Constitution; all applicable federal, state and local 4 laws and regulations; applicable Presidential Executive Orders 5 (E.O.); all applicable case law; and court orders. Should a 6 conflict exist between any of the aforementioned standards, the 7 most stringent shall apply. When a conflict exists and a 8 conclusion cannot be made as to which standard is more 9 stringent, the CO shall determine the appropriate standard. The 10 contractor shall comply with and implement any applicable 11 changes to BOP policy, Department of Justice (DOJ) regulation, 12 Congressional mandate, federal law, DC law or E.O. Should the 13 Government invoke such changes, the contractor retains rights 14 and remedies (i.e., equitable adjustment) under the terms and 15 conditions of the contract. 16

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

B. General Administration 22

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

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

The contractor is responsible for the development and 38 administration of a comprehensive Quality Control Program (QCP) 39 which ensures all requirements of this contract are achieved. 40 The specific requirements for the QCP are detailed in Section J. 41

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Several sections of this PWS require the contractor to maintain 1 a system of records identical to the BOP. The contractor shall 2 not establish a separate system of records without prior written 3 approval of the CO. All records related to contract performance 4 shall be retained in a retrievable format for the duration of 5 the contract. Except as otherwise expressly provided in this 6 PWS, the contractor shall, upon completion or termination of the 7 resulting contract or upon request, transmit to the Government 8 any records related to performance of the contract. 9

The contractor shall comply with all statutes, regulations and 10 guidelines from the National Archives and Records 11 Administration. Records and information management functions 12 are required and mandated by the following regulations: 44 USC 13 21, 29, 31 and 33; 36 Code of Federal Regulations (CFR) Chapter 14 12, Sub-chapters A and B; Office of Management and Budget (OMB) 15 Circular A-130; and DOJ Order 2710.8C, Removal and Maintenance 16 of, and Access to, Documents. Criminal penalties for unlawfully 17 destroying, damaging or removing federal records are addressed 18 in 18 USC 2071, 793, 794 and 798. 19

The contractor shall protect, defend, indemnify, save and hold 20 harmless the Government, BOP and its employees or agents from 21 and against any and all claims, demands, expenses, causes of 22 action, judgments and liabilities arising out of, or in 23 connection with, any negligent acts or omissions of the 24 contractor, its agents, subcontractors, employees, assignees or 25 any one for whom the contractor may be responsible. The 26 contractor shall also be liable for any and all costs, expenses 27 and attorney fees incurred as a result of any such claim, 28 demand, cause of action, judgment or liability, including those 29 costs, expenses and attorney fees incurred by the Government, 30 BOP and its employees or agents. The contractor’s liability 31 shall not be limited by any provision or limits of insurance set 32 forth in the resulting contract. 33

In awarding the contract, the Government does not assume any 34 liability to third parties, nor will the Government reimburse 35 the contractor for its liabilities to third parties, with 36 respect to loss due to death, bodily injury or damage to 37 property resulting in any way from the performance of the 38 contract or any subcontract under this contract. 39

The contractor shall be responsible for all litigation, 40 including the cost of litigation, brought against it, its 41 employees or agents for alleged acts or omissions. The CO/COR 42 shall be notified in writing of all litigation pertaining to 43 this contract and provided copies of any pleadings filed or said 44

June 26, 2013 Page 11 litigation within five working days of the filing. The 1 contractor shall cooperate with Government legal staff and/or 2 the United States Attorney regarding any requests pertaining to 3 federal or contractor litigation. 4

Policies and procedures shall be developed to ensure a positive 5 relationship is maintained with all levels of the federal 6 judiciary. The contractor’s procedures shall ensure a tracking 7 system is established which mandates all judicial inquiries and 8 program recommendations are responded to in a timely and 9 accurate manner. All judicial inquiries and contractor 10 responses specifically related to an inmate shall be made a part 11 of the inmate’s central file. 12

The contractor shall notify the COR immediately when a request 13 is made by a member of the United States Congress for 14 information or to visit the institution. All responses to 15 Congress shall be cleared, in advance, by the COR. 16

The COR shall be notified when a request is made for inmate or 17 employee interviews or visits to the institution by any 18 representative of the media as defined by PS 1480.05, News Media 19 Contacts, dated 9/21/00. The contractor shall permit inmate 20 interviews by legitimate media consistent with PS 1480.05. 21

The contractor shall coordinate, in advance, all public 22 information related issues with the CO prior to the NTP and the 23 COR after the NTP. All press statements and releases shall be 24 cleared, in advance, with the CO prior to the NTP and the COR 25 after the NTP. 26

The contractor shall promptly make public announcements, stating 27 the facts of unusual newsworthy incidents to local media. 28 Examples of such events include, but are not limited to, deaths 29 by other than natural causes, escapes from custody and 30 institution emergencies. 31

The contractor shall ensure employees agree to use appropriate 32 disclaimers clearly stating the employees’ opinions do not 33 necessarily reflect the position of the BOP or the DOJ in any 34 public presentations they make or articles they write which 35 relate to any aspect of contract performance or the facility 36 operations. 37

C. Fiscal Management 38

Commissary Operation 39

A commissary shall be operated by the contractor as a privilege 40 for inmates. The commissary shall have items available for 41

June 26, 2013 Page 12 purchase which are not required to be furnished by the 1 contractor in accordance with the objectives of the contract. 2 Inmates shall have the opportunity to purchase from the 3 commissary at least once a week. A copy of the commissary 4 inventory shall be provided to the BOP upon request. 5

The contractor shall ensure inmates spend no more on purchases 6 than the BOP’s current national spending limitation for 7 commissary sales. The contractor shall not sell or stock items 8 which are prohibited by the BOP as defined in PS 4500.07, Trust 9 Fund/Deposit Fund Manual, dated 4/19/10, Chapter 3.4. 10

The selling price of each item ordered and sold in the 11 commissary shall be calculated based on the cost of each 12 sellable unit. The markup of merchandise shall be no more than 13 the following: 0% for postage stamps, religious items, 14 education course/resource requirements; 5% for Special Purchase 15 Orders (SPO) purchased at retail cost; 30% on standard/SPOs 16 purchased at non-retail cost; preprinted sales prices printed on 17 packaging will be sold at the preprinted price. Once an item is 18 marked up, any applicable sales tax will need to be added and 19 the total price rounded to the next highest nickel. 20

The contractor shall establish procedures to maintain 21 accountability of all trust fund monies and property to prevent 22 waste, fraud and abuse. 23

The contractor shall review commissary inventories for excessive 24 inventory differences and to ensure the commissary remains 25 within acceptable tolerance levels. The tolerance level for 26 inventory differences is calculated by multiplying .0025 times 27 the last six months sales at cost. 28

The contractor shall establish procedures in accordance with PS 29 4500.07, Chapter 3, when disposing of commissary merchandise 30 when it is damaged, unfit for resale or destroyed. The total of 31 unsaleable merchandise at cost cannot exceed .0015 times the 32 actual regular commissary semi-annual sales at cost in any one 33 inventory period. 34

Inmate Benefit Fund 35

Any revenues earned in excess of those needed for commissary 36 operations shall be used to provide benefit to all inmates via 37 an inmate benefit fund. The contractor may use PS 4500.07, 38 Chapter 2, as a guide for appropriate expenditures from this 39 fund. However, prohibited items, as defined by the BOP, shall 40 not be purchased with commissary revenues. Individual 41 expenditures from the inmate benefit fund that exceed $10,000 42

June 26, 2013 Page 13 shall be approved by the contractor’s corporate office. Records 1 of inmate benefit fund expenditures shall be maintained on site 2 at the contract facility and available for review by the BOP. 3 At the conclusion of the contract, the inmate benefit fund shall 4 revert back to the Government. Any interest earned on this fund 5 shall be credited to the inmate benefit fund. 6

Inmate Funds 7

If inmate funds are placed in an interest bearing account, the 8 interest earned must be credited to the inmate. 9

Procedures shall be established for transferring inmate personal 10 funds upon release from the institution, transfer to another 11 institution or when an inmate requests a funds transfer to an 12 outside source. The contractor shall ensure all inmates who are 13 scheduled for removal to foreign destinations are given all 14 funds immediately prior to release from the institution. 15 Transfer of inmate funds shall occur within five working days 16 upon release from the institution, transfer to another 17 institution or when an inmate requests a funds transfer to an 18 outside source. 19

Inmates who transfer to a BOP institution shall have their funds 20 sent to the BOP National Lockbox address below in accordance 21 with the procedures defined in PS 4500.07, Chapter 9.6: 22

Federal Bureau of Prisons 23 Insert Inmate Eight Digit Register Number 24 Insert Inmate’s Committed Name 25 PO Box 474701 26 Des Moines, IA 50947-0001 27

Unclaimed Inmate Funds 28

The contractor shall exhaust all avenues to locate inmates and 29 forward their inmate account balances. If after three months 30 the inmate cannot be located, the contractor shall forward the 31 inmate account balance to the BOP as instructed below: 32

1) Check made payable to the individual inmate must 33 contain the inmate’s committed name and register 34 number. The sender’s name must be included on the 35 check and/or mailing envelope. 36

2) Check made payable to the BOP for the purposes of 37 consolidating several inmate account balances must be 38 accompanied by a Field Submission Form provided by the 39

BOP. 40

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3) Field Submission Forms shall list the inmate’s 1 committed name, register number and amount to be 2 credited to the inmate. One Field Submission Form 3 shall be completed for each check. 4

4) Signed memorandum must accompany each Field Submission 5 Form certifying all avenues to locate the inmate(s) 6 listed on the form have been exhausted. 7

5) Unclaimed funds shall be sent to the following 8 address: 9

Federal Bureau of Prisons 11 Insert Inmate Eight Digit Register Number 12 Insert Inmate’s Committed Name 13 Trust Fund Branch/Deposit Fund 14 320 First Street, NW 15 Room 5004 16 Washington, DC 20534 17

D. Personnel 18

For purposes of the Personnel portion of the contract, the terms 19 “employee,” “subject” and “applicant” refer to any person 20 applying to work for the contractor as an employee or 21 subcontractor or who may already be employed by the contractor 22 who has not previously completed the personnel security 23 requirements detailed in this section of the contract and who 24 has not received a favorable suitability adjudication from the 25

BOP. 26

The contractor shall develop written procedures for the security 27 and supervision of employees and subcontractors who work on this 28 contract in accordance with the Notice of Contractor Personnel 29 Security Requirements Clause and with the requirements of 30 Homeland Security Presidential Directive-12 (HSPD-12) located in 31 Section I of the contract. The procedures shall include record 32 keeping, identification badges and escort protocols. The 33 contractor shall include these procedures in the contractor’s 34 Personnel Policy Manual. 35

Staffing Plan 36

The number, type and distribution of staff as described in the 37 contract staffing plan shall be maintained throughout the term 38 of the contract. Written requests to change the number, type 39 and/or distribution of staff described in the staffing plan must 40 be submitted to the CO for approval prior to implementation. 41 Staffing levels shall not fall below a monthly average of 90% 42 for Correctional Services, 85% for Health Services and 85% for 43

June 26, 2013 Page 15 all other departments of the BOP approved staffing plan. 1 Staffing levels for all departments other than Correctional 2 Services and Health Services will be calculated in the 3 aggregate. 4

Each month, the contractor shall submit to the CO the current 5 average monthly vacancy rate, by department, and indicate any 6 individual positions that have been vacant more than 30 days. 7

Failure to fill any individual position within 120 days of the 8 vacancy may result in a deduction from the monthly invoice. The 9 BOP may calculate the deduction retroactive to day one of the 10 vacancy and concluding on the entry on duty (EOD) date, 11 excluding the days for the BOP’s conditional approval process. 12

Positions not on the approved staffing plan shall not be used to 13 offset staffing vacancies unless the contractor receives prior 14 written authorization from the CO. 15

Employment Procedures 16

The Warden or designee shall be the contractor’s contact person 17 for all matters regarding the processing of contractor 18 personnel. 19

Prior to employees EOD at the facility, the contractor shall 20 ensure the following steps are completed for each applicant, 21 full or part time, as listed below: 22

1) Conduct a credit check for employment purposes as 23 described in the Fair Credit Reporting Act; 24

2) Conduct a pre-employment interview; 25

3) Complete an Employment Eligibility Verification (Form 26

I-9); 27

4) Voucher the applicant’s employment record for the past 28 five years; 29

5) Perform a Law Enforcement Agency Check for the past 30 five years; 31

6) Certify the applicant is a U.S. citizen (see below – 32

Other Requirements); 33

7) Certify the applicant has met the residency 34 requirements (see below – Other Requirements); 35

8) Applicant shall complete Questionnaire for Public 36

Trust Positions (SF-85P) or approved equivalent; 37

9) Complete and submit FBI fingerprint form (FD-258) via 38

Civil Applicant System (CAS) at submit@cas.doj.gov; 39

10) Coordinate the process for BOP staff to conduct 40 criminal history checks from the National Crime 41

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Information Center (NCIC) and the International 1 Justice and Public Safety Information Network (NLETS). 2

The contractor shall also ensure the following HSPD-12 3 requirements are completed for each applicant who requires 4 access to federal information systems, i.e., SENTRY: 5

Employment Eligibility Verification (Form I-9) must be 6 verified by a BOP official; 7

Coordinate the process with the BOP for a National 8 Agency Check with Inquiries (NACI); 9

The determination for employment suitability must be made using 10 the BOP’s current Guidelines of Acceptability (Guidelines). 11 Based on steps #1-8 and the Guidelines, the contractor will 12 determine if the applicant is suitable for employment. The 13 Warden shall certify steps #1-8 have been completed with 14 satisfactory results and submit this certification with the 15 applicant’s information to the BOP for conditional approval. 16 The applicant’s information shall include the following: full 17 name, date of birth, driver’s license number and issuing state, 18 social security number and position applied for. 19

The contractor shall also certify the HSPD-12 requirements 20 listed above have been completed for applicants requiring access 21 to federal information systems. The contractor’s request for 22 conditional approval for these applicants must include the 23 schedule date for the OPM-NACI investigation. 24

After receiving the BOP’s conditional approval, the contractor 25 shall complete the following steps: 26

11) Conduct a urinalysis in accordance with PS 3735.04, 27 Drug Free Workplace, dated 6/30/97; 28

12) Applicant shall complete Supplemental Questionnaire 29 for Selected Positions (OPM SF-85P-S) or approved 30 equivalent; 31

13) Notify COR of Background Investigation (BI) 32 initiation. 33

Positions requiring the OPM SF-85P-S or equivalent are those 34 employees required to carry firearms during the course of their 35 employment. 36

Contractor responsibilities subsequent to EOD date: 37

14) Notify COR within 24 hours of actual EOD; 38

15) Receipt and review of BI report (Section J). 39

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The BOP retains authority to approve all contractor staff, 1 subcontractor employees and volunteers who work or have contact 2 with federal inmates under the terms of this contract. No 3 individual who is under supervision or jurisdiction of any 4 parole, probation or correctional authority shall be employed. 5

The contractor shall develop procedures to coordinate with the 6 COR to process and initiate NCIC/NLETS functions in accordance 7 with PS 1280.11, JUST, NCIC, and NLETS Telecommunication Systems 8 (Management and Use), dated 1/7/00, for criminal history checks 9 to maintain institution security. NCIC/NLETS may not be 10 utilized for Justice Employment checks. The contractor shall 11 adhere to the Federal Bureau of Investigation (FBI) Criminal 12 Justice Information Services (CJIS) Security Addendum as 13 included in Section J of the contract. The contractor shall 14 ensure use of NCIC/NLETS is performed only to the direct benefit 15 and furtherance of the contract. 16

The contractor shall develop procedures to coordinate with the 17 COR to process and submit the forms required to obtain a NACI in 18 accordance with the provisions of HSPD-12 as located in Section 19 I of the contract and as required by OPM. 20

Within one year of each onsite employee’s EOD, the contractor 21 shall obtain, review, identify and resolve derogatory 22 information contained on the BI results using the Adjudication 23 Standards for Resolving Background Investigation and Periodic 24 Reinvestigation outlined in Section J. The contractor shall 25 determine the employee’s suitability for employment under this 26 contract. Investigations with little or no derogatory 27 information will be reviewed and forwarded to the COR within 90 28 days of the investigation completion date. Investigations 29 requiring resolution of derogatory information will be forwarded 30 within 180 days of the investigation completion date. Extended 31 adjudication time frames on a case-by-case basis may be 32 requested from the COR. 33

The contractor shall ensure all employees and full-time 34 subcontractor employees are reinvestigated as prescribed in the 35 Scope and Coverage of a Periodic Reinvestigation in Section J of 36 the contract. Only those persons with access to federal 37 information systems, i.e., SENTRY, will require a NACI. 38

Upon receipt, review and resolution of any derogatory 39 information contained in the reinvestigation report, the Warden 40 shall forward to the COR a written final determination regarding 41 the employee’s continued employment under this contract. A copy 42 of the reinvestigation report results shall be attached. 43

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The contractor shall maintain all personnel records on site for 1 the duration of the contract and make these records available to 2 the BOP upon request. 3

Waivers 4

If the applicant does not meet the BOP’s current Guidelines and 5 is still a desirable employee, the contractor may request a 6 written waiver to the Guidelines, submitted to the COR, which 7 includes: 8

1) details and circumstances of the applicant’s behavior 9 which is outside the Guidelines; 10

2) reason(s) why the applicant should receive further 11 consideration; and 12

3) availability of other suitable applicants. 13

Other Requirements 14

The contractor shall not employ any individual who has a felony 15 or misdemeanor conviction of domestic violence. 16

The contractor shall not employ any individual who is not a U.S. 17 citizen unless otherwise approved by the CO. Citizens of the 18 United States include those who were: born in the United States 19 (the fifty states, District of Columbia, Puerto Rico, Guam 20 (since 1950) or the United States Virgin Islands); born outside 21 the United States to parents who are citizens of the United 22 States, one of which was physically present in the United States 23 or one of its outlying possessions for a continuous period of 24 one year at any time prior to the birth of the person (in some 25 situations only one person has to be a citizen); naturalized as 26 a U.S. citizen; or otherwise granted citizenship under 27 authorities described in law, beginning at 8 USC 1401. For non-28 citizen applicants of subcontractors, the contractor must seek 29 approval from the CO. Non-citizen applicants of subcontractors 30 must be citizens of an allied nation (see 31 http://www.state.gov/s/l/treaty/collectivedefense/index.htm). 32

All applicants or subcontractors (U.S. citizen or otherwise) 33 must have, immediately prior to applying for a position: 34

1) resided in the United States three of the past five 35 years; 36

2) worked for the United States overseas in a federal or 37 military capacity; or 38

3) been a dependent of a federal or military employee 39 serving overseas. 40 http://www.state.gov/s/l/treaty/collectivedefense/index.htm

June 26, 2013 Page 19

The CO has final approval authority for non-citizen and non-1 residency employment for all potential employees and 2 subcontractors. 3

The contractor shall maintain verification of training and 4 experience which shall include credentials for all professional 5 staff. All credentials shall be kept current and maintained for 6 the duration of the individual’s performance under the contract. 7

A minimum of 5% of the overall staff complement must be Spanish 8 speaking and 50% of the Intelligence staff must be Spanish 9 speaking. 10

Employment Agreement 11

In the absence of a collective bargaining agreement, the 12 contractor must enter into a written employment agreement with 13 each employee assigned to work at the contractor’s facility. 14 This agreement must provide, in recognition of the public safety 15 requirements for uninterrupted services at the contractor’s 16 facility and in return for adequate consideration, including 17 grievance procedures, the contractor employee agrees not to 18 strike or otherwise interrupt normal operations at the 19 contractor’s facility without giving 30 days advance written 20 notice. 21

The contractor must ensure a contingency plan covering work 22 actions or strikes is developed and maintained in a secure 23 location. 24

In the event the contractor negotiates collective bargaining 25 agreements applicable to the work force under the contract, the 26 contractor must use its best efforts to ensure such agreements 27 contain provisions designed to ensure continuity of services. 28 All such agreements entered into during the contract period of 29 performance should provide grievances and disputes involving the 30 interpretation or application of the agreement will be settled 31 without resorting to strike, lockout or other interruption of 32 normal operations. 33

For this purpose, each collective bargaining agreement should 34 provide an effective grievance procedure with arbitration as its 35 final step unless the parties mutually agree upon some other 36 method of assuring continuity of operations. As part of such 37 agreements, management and labor should agree to cooperate fully 38 with the Federal Mediation and Conciliation Service. The 39 contractor shall include the substance of this clause 40 (paragraph, provision, etc.) in any subcontracts for protective 41 services. 42

June 26, 2013 Page 20

Staffing 1

The following are essential personnel with respective minimum 2 qualification requirements and are critical for performance of 3 the contract. The contractor may use other titles. Within 15 4 days of contract award, the contractor shall submit a written 5 request (to include a resume) to the COR for conditional 6 contractor employment approval of the Project Coordinator, 7 Warden(s) and Associate Warden(s). The 15-day period may be 8 extended for the Warden(s) and Associate Warden(s) positions if 9 requested in writing by the contractor and approved by the CO. 10

Project Coordinator – Knowledge and experience within the 11 last five years in planning and executing similar contract 12 requirements as contained within this PWS. 13

Warden(s) – Knowledge of program objectives, policies, 14 procedures and requirements for managing a secure 15 correctional facility. A minimum of ten years’ experience 16 in corrections or related field with experience in the 17 management of a correctional facility at the Associate 18 Warden level or above. 19

Associate Warden(s) – Knowledge of program objectives, 20 policies, procedures and requirements for managing a 21 correctional facility. A minimum of ten years’ experience 22 in corrections or related field with five years’ experience 23 in the field of corrections at the level of mid-management. 24

The essential personnel listed below are critical for the 25 performance of this contract and must have knowledge of program 26 objectives, policies, procedures and requirements specific to 27 their department. A minimum of five years’ experience specific 28 to their department is required. 29

Administrator, Religious Services 30 Case Management Coordinator 31 Chief, Correctional Services 32 Computer Services Manager 33 Correctional Shift Supervisors 34 Facilities Manager/Administrator 35 Food Service Administrator 36 Human Resource Manager 37 Inmate Systems/Records Office Manager 38 Intelligence Officer 39 Medical Services Administrator 40 Quality Control Specialist 41 Safety/Environmental Specialist 42

June 26, 2013 Page 21

Any essential personnel, in addition to the approved staffing 1 plan, must meet the respective minimum qualification 2 requirements for the performance of the contract. 3

The CO may reduce the monthly invoice for salaries and benefits 4 on any unfilled essential position. 5

Subcontractors 6

Full-time Subcontractors: The contractor shall complete steps 7 #1-15, as outlined in Employment Procedures above, for each 8 full-time subcontractor employee. Any full-time subcontractor 9 requiring SENTRY access must also have the HSPD-12 requirements 10 completed. 11

Part-time Subcontractors: The contractor, at a minimum, shall 12 complete the following for all part-time subcontractors: 13

1) Employment Eligibility Verification (Form I-9); 14

2) Coordinate the process for BOP staff to conduct 15 criminal history checks – NCIC/NLETS. 16

Any part-time subcontractor requiring SENTRY access must also 17 have the HSPD-12 requirements completed. 18

The contractor shall use the BOP’s current Guidelines when 19 determining subcontractor employment. In addition, the 20 contractor shall not hire any subcontractor, full time or part 21 time, who under the following circumstances: knows any person 22 or has any relatives who are currently incarcerated in the 23 facility; has any criminal charges currently pending; or is 24 currently under any incarceration order, probation or court 25 supervision. 26

Subcontractor employees are required to adhere to the 27 contractor’s Standards of Conduct mentioned below. The BOP has 28 the authority to approve all subcontractors who have contact 29 with federal inmates under the terms of this contract. 30

Emergency Response Staff 31

The contractor shall identify and submit a list of staff who 32 work on a contract other than a BOP contract who may respond in 33 the event of an emergency to the COR for approval on a quarterly 34 basis. In advance of an emergency situation and on an annual 35 basis thereafter, these staff shall receive, at a minimum, an 36 NCIC conducted and cleared by the COR and two hours of training 37 specific to the BOP’s PS 5566.06, Use of Force and Application 38 of Restraints, dated 11/30/05. These staff will be granted 39 limited access (not to exceed two weeks) to respond to the 40

June 26, 2013 Page 22 institution emergency. Under no circumstances will these staff 1 be used in a position outlined in the approved staffing plan. 2

Volunteers 3

The contractor shall develop written procedures for the use, 4 security and supervision of volunteers. The procedures shall 5 outline record keeping, identification badges and escort 6 protocols. The contractor shall include these procedures in the 7 Personnel Policy Manual. 8

Volunteers must be 18 years old or older. Ex-offenders with at 9 least three years of crime-free conduct after release, or with a 10 favorable report upon completion of probation or parole, may be 11 utilized as volunteers. Volunteers shall not be granted waivers 12 for unescorted status or passes. 13

The contractor shall complete the following for each volunteer 14 working in the facility: 15

1) Full name and personal information (e.g., address, 16 date of birth, driver’s license number and issuing 17 state, social security number); 18

2) Complete and submit FBI fingerprint form (FD-258) via 19 Civil Applicant System (CAS); 20

3) Coordinate the process for BOP staff to conduct 21 criminal history checks – NCIC/NLETS. 22

The contractor, at a minimum, shall review the volunteer’s 23 personal information. The COR will review any criminal 24 background information to determine if the applicant is suitable 25 in accordance with the BOP’s current Guidelines for entrance 26 into the facility. 27

Volunteers are required to adhere to the contractor’s Standards 28 of Conduct mentioned below. The BOP has the authority to 29 approve all volunteers who have contact with federal inmates 30 under the terms of this contract. 31

Standards of Conduct 32

The contractor shall develop written Standards of Conduct on 33 employee conduct, ethics and responsibility. The contractor’s 34 Standards of Conduct shall include those standards defined in 35 Section J. These standards shall be a part of the Personnel 36 Policy Manual. The contractor shall document and ensure all 37 employees review the Standards of Conduct annually. In addition 38 to employees, subcontractors and volunteers are also required to 39 adhere to the Standards of Conduct at all times. Employees, 40 subcontractors and volunteers shall receive Standards of Conduct 41

June 26, 2013 Page 23

Training as part of their individual institutional 1 familiarization and annual training. Notices explaining 2 employee’s rights to report misconduct and contact information 3 for all investigative authorities of competent jurisdiction 4 shall be prominently displayed. 5

The contractor shall refer allegations of employee, 6 subcontractor or volunteer misconduct in accordance with 7 procedures defined by the BOP. The contractor shall cooperate 8 fully with the cognizant authority in any investigation of 9 alleged misconduct. 10

The Government reserves its right, consistent with its 11 obligations under applicable law, to conduct investigations of 12 any alleged misconduct which has the potential to adversely 13 impact the programs or operations of the DOJ and BOP, including 14 the care, custody, health and safety of inmates and BOP staff 15 or, where applicable, the correctional institution and to 16 withdraw final employment approval authority for any employee as 17 warranted by Standards of Conduct violations. 18

E. Training and Staff Development 19

The Government will provide specialized training to assist the 20 contractor in performing some specialized requirements. The 21 training will be provided to the contractor at no cost and on a 22 one-time basis only. Contract employees’ travel/lodging 23 expenses will not be paid by the BOP. To receive the training, 24 the contractor must submit a written request to the COR 25 outlining the training participants and time frame for training. 26

1. Records Office (Records Office Staff) 27 Training 28

a. Movement Coordination Training – 6 hours 29

b. Detainers, Writs and Interstate Agreement on Detainers 30

Act – 4 hours 31

c. Population Accountability and File Management – 1 hour 32

d. Records Office Functions – 1 ½ hours 33

e. Designation and Sentence Computation Center and 34

Sentence Computation Overview – 8 hours 35 Self-Study Courses and Modules 37

a. Mail Room Self Study and Survival Skills Guide 38

b. Receiving and Discharge Self Study and Survival Skills 39

Guide 40

c. Processing Inmates In-Out Module 41

d. Detainers, Writs and IAD Module 42

e. Mailroom Management Module 43

June 26, 2013 Page 24

f. Sentence Computation and Judgment and Commitment File 1 Module 2

2. Correctional Programs (Affected Staff) 4

a. Case Management/Central Inmate Monitoring (includes 5

Victim Notification System) – 24 hours (Central Inmate 6 Monitoring Certification required) 7

b. Inmate Discipline Training – 24 hours (Unit 8 Disciplinary Committee and Inmate Discipline 9 Certification required) 10

c. Disciplinary Hearing Officer (DHO) Training – 24 hours 11 (successful completion of DHO pre-test required before 12 attending) 13

d. Universal Applicant Booking System (UABS) – 16 hours 14

e. NCIC/NLETS (Practitioner/Administrator) – training 15 disk 16

f. Adam Walsh Training – 4 hours 17

3. Other 19

a. Human Resource Management (includes background 20 investigation issues) – 24 hours 21

b. SENTRY – Basic (2 hours), Health Services (4 hours), 22 Education (4 hours) 23

The contractor may request, at its expense and subject to the 24 approval of the COR, additional Government…