J_Attachments.pdf

RFP-PCC-0023

RFP-PCC-0023 1

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Attachment

Number

Title Page

Number

J-1 Wage Determinations 1

J-2 Evaluation Techniques for Quality Assurance of Contractor

Performance

J-3 Performance Requirements Summary Table (PRST) 4

J-4 Contractor Quality Control 2

J-5 Not Included

J-6 Standards of Conduct 4

J-7 Scope and Coverage of a Limited Background Investigation

(BI)

J-8 Scope and Coverage of a Periodic Reinvestigation (PRI) 2

J-9 Adjudication Standards for Resolving BI and PRI 7

J-10 Business Management Questionnaire 5

J-11 Federal Bureau of Prisons Subcontracting 13

J-12 Question Submittal Form 1

J-13 Offeror’s Intent to Propose 1

J-14 Required Government Space 2

J-15 Procedural Guidance Complying with National Environmental

Policy Act Requirements

J-16 SENTRY Rules of Behavior 1

J-17 Federal Bureau of Investigation Criminal Justice Information

Services Security Addendum

J-18 Qualifying Federal Offenses for Purposes of DNA Sample

Collection

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J-19 Information Systems Equipment 9

J-20 Procedures for Implementation of Walsh Act Civil

Commitment of Sexually Dangerous Persons

J-21 Less Lethal/Chemical Munitions and Defensive Equipment 2

J-22 Classification of Employee Misconduct 2

J-23 Pricing Schedule 5

Attachment J-1

WAGE DETERMINATIONS

The wage determinations shall be incorporated via an amendment.

Attachment J-2

EVALUATION TECHNIQUES FOR

QUALITY ASSURANCE OF CONTRACTOR

PERFORMANCE

General: In accordance with the Inspection of Services--Fixed- Price clause, the Federal Bureau of Prisons (BOP) may choose to apply a program review inspection process to either assess the contractor’s performance or determine the amount of payment or both. The following is a description of the program review process.

Program review is a system for inspecting performance, testing the adequacy of the internal quality controls and assessing risks for all program and administrative areas of contract performance.

The review guidelines will be based on the contractor’s Quality Control Program (QCP), Performance Work Statement (PWS), professional guidelines referenced by the PWS, applicable BOP policy and any other appropriate measure within the contract’s scope of work.

Contract requirements will be divided into various disciplines, each of which has a number of vital functions. Successful performance in a vital function is essential to successful performance of the related discipline. Each discipline comprises a specific percentage of the overall contract requirement. Deductions will be based on these percentages and applied to the overall monthly invoice.

The BOP may, consistent with the scope of contract performance requirements, unilaterally change the vital functions identified in the Performance Requirements Summary Table (PRST). A minimum of 30 calendar days before the beginning of each evaluation period, the Contracting Officer (CO) will notify the contractor of any changes. If the contractor is not provided with the notification, the existing vital functions will continue in effect for the next evaluation period unless the contractor agrees to accept the proposed changes.

The BOP reserves the right to develop and implement new inspection techniques and instructions at any time during contract performance without notice to the contractor.

Management Assessment: Subsequent to award, the CO will convene a meeting in which the BOP and the contractor will cooperatively assess the contractor’s QCP and the BOP’s Quality Assurance Plan (QAP). The assessment process is intended to facilitate the identification of strategic issues important to the QAP and QCP and a mutual understanding of both by the BOP and contractor staff.

Program Review Steps: Review steps will utilize the findings of the contractor’s QCP reports submitted to the BOP and direct observations, interviews and analytical determinations.

Generally, program reviews will be of two types:

1. Systematic - These reviews will be scheduled inspections focusing on a specific discipline.

Inspections may be performed by onsite BOP monitors or by other parties designated by the CO as representatives of the BOP.

2. Ad-Hoc - These reviews will be conducted as a result of special interests arising from routine monitoring of the contractor’s QCP, an unusual occurrence pertaining to the contract or other BOP concerns. These reviews could utilize established program review steps or an entirely different inspection approach.

Program Review Findings: At the conclusion of each review, a report (Contract Facility Monitoring Report) will be written documenting any findings identified during the monitoring.

Contractor Progress Report: The contractor shall receive a Contractor Progress Report within 60 days of the end of the evaluation period.

Attachment J-3

PERFORMANCE REQUIREMENTS SUMMARY TABLE (PRST)

The purpose of this attachment is to list each contract requirement and the vital functions essential to successful performance of each contract requirement, summarize the vital functions and specify the percentage of total contract value attributable to each contract requirement.

PERFORMANCE REQUIREMENTS SUMMARY

TABLE

CONTRACT REQUIREMENT: ADMINISTRATION (Quality Control) 10%

Vital Function #1 The contractor's Quality Control Program serves to identify deficiencies in the quality of services throughout the entire scope of the contract and implements corrective action before the level of performance becomes deficient.

CONTRACT REQUIREMENT:

CORRECTIONAL

PROGRAMS

(Unit/Case

10%

Management, Grievance Procedures)

Vital Function #2

Inmates are appropriately classified and managed commensurate with security and custody requirements to promote institution and public safety.

Vital Function #3

Staff evaluate the needs of inmates and manage their program participation.

Vital Function #4

Staff are accessible and communicate effectively with inmates to promote positive institutional adjustment.

Vital Function #5

A program for inmate grievances exists which provides for the expression and resolution of inmate problems.

CONTRACT REQUIREMENT: CORRECTIONAL SERVICES (Security/ 20%

Control/Inmate Accountability/

Computer Security and Information

Systems)

Vital Function #6

A safe and secure environment is provided for staff and inmates through effective communication of operational concerns. This includes verbal and written instructions, post orders, institution supplements, information dissemination, training and crisis prevention.

Vital Function #7

Intelligence information related to security concerns is gathered for dissemination to appropriate contract and Federal Bureau of Prisons (BOP) staff.

Vital Function #8

An adequate security inspection system is provided to meet the needs of the institution.

Vital Function #9

An adequate level of emergency readiness is maintained to respond to institution emergencies.

Vital Function #10

Appropriate operational and security requirements applicable to all computer and information systems are maintained.

CONTRACT REQUIREMENT: FOOD SERVICE 15%

Vital Function #11

Policy, procedures and practices are in place for a safe, secure and sanitary environment.

Vital Function #12

Meals are nutritionally adequate, properly prepared and attractively served.

Vital Function #13

Policy, procedures and essential resources are identified, developed and managed to meet the operational needs of the Food Service Program.

CONTRACT REQUIREMENT: HEALTH SERVICES 15%

Vital Function #14

Open access to health care is provided for all inmates in an environment that is safe and secure.

Vital Function #15

Quality health care is provided utilizing

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qualified personnel and resources in accordance with applicable standards.

Vital Function #16

Health information data is recorded accurately, legibly, in a timely manner and maintained in accordance with applicable

BOP policy.

Vital Function #17

All inmates are screened for mental health, substance abuse and other behavioral problems and receive appropriate intervention, treatment and programs to promote a healthy, safe and secure environment.

CONTRACT REQUIREMENT: HUMAN RESOURCES 10%

Vital Function #18

Adequate staffing levels are maintained.

Vital Function #19

Vital Function #20

Staff resources are properly administered and managed.

All resources are managed to ensure training requirements and needs are provided.

CONTRACT REQUIREMENT: INMATE SERVICES (Commissary/ 15%

Laundry/Telephone/Trust Fund)

Vital Function #21

Inmates are provided the privilege of an inmate telephone system and obtaining merchandise through the operation of a commissary. Effective security measures are in place to prevent misuse of the telephone system.

Vital Function #22

Inmate funds and property are properly maintained and accounted for during incarceration.

Vital Function #23

Clothing, linens, toiletries and laundry services are provided to inmates.

(Education and Recreation Programs)

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Vital Function #24 The needs of the inmate population are evaluated and General Education Development (GED), English as a Second Language (ESL) and recreational programs are provided.

Programs are accessible for the inmate population and program availability is communicated.

(Mail/Receiving and Discharge/Records)

Vital Function #25

The institution provides inmate mail services, which include timely processing and accountability of funds, special mail and general correspondence. Special care is given to the detection of contraband and prohibited acts.

Vital Function #26

Inmates are lawfully committed and processed in a safe and secure environment, with emphasis on the detection and elimination of contraband from their persons and property.

Vital Function #27

The appropriate execution, processing and verification of documents are performed to ensure the accurate and timely release of inmates.

(Religious Services)

Vital Function #28 Impartial religious leadership is provided through resources and programs to accommodate the free exercise of religion and diverse needs of inmates.

CONTRACT REQUIREMENT: SAFETY AND ENVIRONMENTAL HEALTH/ 5%

FACILITIES

Vital Function #29 All facilities are safely operated and maintained in accordance with applicable laws, codes and regulations.

Attachment J-4

CONTRACTOR QUALITY CONTROL

Quality performance and quality control are the responsibility of the contractor. In accordance with Federal Acquisition Regulation 52.246-4, Inspection of Services--Fixed-Price, the contractor shall establish and maintain a complete Quality Control Program (QCP). This program shall:

1. be implemented upon receipt of the Notice to Proceed (NTP); and

2. identify deficiencies in the quality of services throughout the entire scope of the contract and implement corrective action before the level of performance becomes unsatisfactory.

A complete QCP addressing all areas of contract performance shall be submitted to the Contracting Officer/Contracting Officer’s Representative (CO/COR) a minimum of 30 days prior to the anticipated NTP date and no later than 30 days prior to the start of each option period. If the QCP is changed during the life of the contract, the contractor must immediately provide an updated copy to the CO/COR.

The QCP shall include, at a minimum:

1. specific areas to be inspected on either a scheduled or unscheduled basis and the method and frequency of inspection;

2. position(s) or individual(s) responsible for the inspections;

3. compliance with the requirements of the Government’s Quality Assurance Plan (QAP);

4. procedures for written and verbal communication with the Government regarding QCP findings; and

5. procedures for investigation of complaints by contractor and Government staff and feedback to the Government on the actions taken to resolve such complaints.

A file of all inspections, inspection results and any corrective action required shall be maintained by the contractor throughout the life of this contract. This file shall be the property of the Government and be made available to the Government upon request. The file shall be turned over to the CO within ten calendar days after completion or termination of the contract.

The parties to this contract agree the contractor shall be conclusively presumed to have actual knowledge of work not performed. Therefore, written notice by the Government shall not be a prerequisite for reducing payment or assessing liquidated damages for service(s) not performed.

Failure by the contractor to maintain quality control to ensure acceptable performance can result in adverse contract action to include termination for default.

Attachment J-6

STANDARDS OF CONDUCT

The contractor’s written policy, procedures and practice (hereinafter referred to as “Standards of

Conduct”) on employee conduct, ethics and responsibility shall include each of the standards listed in this section.

At a minimum, the contractor shall include in the Standards of Conduct the following:

• The contractor shall notify employees, subcontractors and volunteers of the Standards of

Conduct and document this notification in their personnel files.

• Employees shall be required to sign an acknowledgment that they have received and understand the Standards of Conduct and shall cooperate fully by providing all pertinent information which they may have with any investigative authority. Full cooperation means and requires truthfully responding to all questions and providing a signed sworn affidavit if requested.

• Any employee who fails to cooperate fully or who hinders an investigation is subject to prohibition from working with federal offenders. The contractor shall also document this acknowledgment of the duty to cooperate in each employee’s personnel file.

• Employees shall conduct themselves professionally and in a manner that creates and maintains respect for the contract facility, Federal Bureau of Prisons (BOP), Department of Justice (DOJ) and the United States Government (Government). This standard applies to on duty and off duty activities.

• Employees shall avoid any action that might result in or create the appearance of adversely affecting the confidence of the public in the integrity of the Government.

• Employees shall uphold the ethical rules governing their professions, including complying with applicable licensing authority rules, unless they conflict with federal law.

• Employees shall not access official information unless there is both a clearly defined need to know and a right to know such information in the performance of their official duties consistent with the scope of their employment.

• Employees shall not use or possess illegal drugs or narcotics and shall not abuse any drug or narcotics. Use of alcoholic beverages or being under the influence of alcohol while on duty, present in the facility or immediately before reporting for duty is prohibited.

An employee while on duty or in the facility is considered to be under the influence of alcohol if their blood alcohol content is 0.02 percent or greater.

• Employees shall not engage in or allow another person to engage in sexual behavior with an offender. Regardless of whether force is used or threatened, there can be no consensual sex between employees and offenders.

• Employees shall not use profane, obscene or otherwise abusive language when communicating with offenders.

• Employees shall not show favoritism or give preferential treatment to one offender or a group of offenders over another.

• Employees shall not use brutality, physical violence or intimidation toward inmates or use any force beyond which is reasonably necessary to subdue an inmate.

• Employees shall not have any outside contact with an offender, ex-offender, offender’s family or close associates for a period of one year from the last day of the offender’s sentence or supervision, whichever is later, except those activities that are an approved integral part of a facility program and a part of the employee’s job description.

Employees will immediately report any such contact in writing to the Warden.

• Employees shall not offer or give to an offender or a former offender or any member of his/her family or to any person known to be associated with an offender or former offender any article, favor or service which is not authorized in the performance of the employee’s duties. Employees shall not accept any gift, personal service or favor from an offender or former offender or from anyone known to be associated with or related to an offender or former offender. This prohibition includes becoming involved with families or associates of any offender.

• Employees shall not engage in any conduct criminal in nature or which could bring discredit upon the facility, BOP, DOJ, or Government. Employees’ conduct must be above reproach. It is expected employees shall obey not only the letter of the law but also the spirit of the law while engaged in personal or official activities.

• Employees shall not use physical violence, threats or intimidation toward fellow employees, family members of employees or visitors to the facility.

• To prevent conflicts of interest, the contractor shall have a written policy specifically stating no employee may use his/her official position working with federal offenders to secure privileges or advantages in the facility or community.

• Employees shall immediately report to the Warden or other appropriate authorities any violation or apparent violation of these standards. Violations may also be reported to the

Office of Inspector General via a toll-free hotline (1-800-869-4499). This hotline is available to anyone wishing to report a DOJ employee’s misconduct as well as fraud, waste or abuse in Government operations and programs.

• Employees shall immediately report to the Warden or other appropriate authorities any violation or attempted violation of any law or regulation and any act or omission by any person which could result in a breach of institution security. Violations may also be reported to the Office of Inspector General via a toll-free hotline (1-800-869-4499).

This hotline is available to anyone wishing to report a DOJ employee’s misconduct as well as fraud, waste or abuse in Government operations and programs.

• Employees shall be informed that the introduction of contraband into or upon the grounds of the facility or taking or attempting to take therefrom anything whatsoever without the

Warden’s knowledge and consent is prohibited.

• Employees shall not use their prison credentials, identification cards or badges to coerce, intimidate or deceive others to obtain any privilege not otherwise authorized in the performance of their duties.

• Supervisors are expected to provide fair and equitable oversight for subordinate staff and avoid relationships that may give the appearance of being partial or inappropriate.

Examples of inappropriate supervisor/subordinate relationships include but are not limited to:

financial transactions romantic/intimate relationships or contacts requesting or providing personal favors (running errands, etc.)

Attachment J-7

SCOPE AND COVERAGE OF A

BACKGROUND INVESTIGATION (BI)

The Background Investigation is the required background investigation for high risk public trust positions, and are requested using the SF-85P as their source document. It includes the National

Agency Check (NAC), credit check, personal subject interview and coverage of at least the most recent three years of activity, including: employment, self-employment, unemployment, references, education, residence and law enforcement agencies. All military service is covered through the NAC, and the highest education degree claimed is confirmed by inquiry regardless of time frame.

• Investigations do not extend back before a subject’s 18 th birthday except to ensure a minimum of two years coverage.

• Sources are developed through information provided by the subject and other sources.

• The background investigation report is not a verbatim transcript of interviews with the subject, sources or employers. It is a factual report of information compiled by the investigator with discrepancies from information provided by the subject duly noted. Issues and derogatory information are also noted.

Items are scheduled for coverage by various methods which may be shown as follows:

P - Personal coverage (includes record searches) (an investigator actually interviews subject or reviews documents)

R - Record search only

I - Inquiry (mail or electronic)

L - Linkage (electronic-terminal or tape)

Basic coverage period for this type of case is five years, and it includes the following:

- National Agency Check consists of a check of Office of Personnel Management’s

(OPM) Security Investigation Index (SII) which is an index of investigations conducted by OPM and other federal investigative agencies, a check of Federal Bureau of

Investigation (FBI) fingerprint files, a check of FBI investigative files and a check of the

Department of Defense investigative index of civilian and military personnel. It is checked by inquiry, linkage and record search only.

- Credit Check is covered by linkage. All credit checks will be used for employment purposes only in accordance with 15 United States Code.

- Personal Subject Interview is scheduled at the current job location and is a one-on-one interview.

- Education is covered by personal coverage and record search only for primary activity of 4 months or more within five years, record search for non-primary activity of 4 months or more within two years. All education within 3 to five years, and highest degree outside of five years are covered by inquiry.

- Residence is covered by personal coverage and record search only for locations of 4 months or more within the last three years as of the scheduling date of the basic coverage period.

- Employment is covered by personal coverage and record search only for all locations of full-time and primary activity of 4 months or more for the five year basic coverage period as of the scheduling date.

- Law Enforcement is covered by record search only for locations of 4 months or more and is covered by inquiry or record search only for related issue information shown on the case papers, all within the five year basic coverage period.

- Military Service, except National Guard/Reserves, is covered by personal coverage and record search only for the most recent two years of the basic coverage period (15 years of coverage are provided in the NAC).

- Court Records are covered by record search for bankruptcies and financial delinquencies, and other public record information within the five year basic coverage period.

- Extra Coverage is required when additional information is needed to help the agency determine a person’s qualifications, suitability and security for a particular position.

Extra coverage is requested for law enforcement positions, which allows the investigator to ask the following questions:

• How does the person react/would react in an emergency situation?

• Does the person have the ability to operate under stress?

• How is the person’s stability, judgment, discretion and physical health?

• How is the person’s financial responsibility/ability to live within their means?

Expanded law enforcement searches (including county and state criminal records where available).

Attachment J-8

SCOPE AND COVERAGE OF A

PERIODIC REINVESTIGATION (PRI)

The Periodic Reinvestigation is a reinvestigation conducted every five years for Public Trust positions. The source document is the SF-85P. It includes the National Agency Check, personal subject interview, residence and selected record searches.

Items are scheduled for coverage by various methods as follows:

P - Personal coverage (includes record searches)

R - Record search only

I - Inquiry (mail or electronic)

L - Linkage (electronic-terminal or tape)

Basic coverage period for this type of case is five years, and it includes the following:

- National Agency Check consists of a check of Office of Personnel Management’s

(OPM) Security Investigation Index (SII) which is an index of investigations conducted by OPM and other federal investigative agencies, a check of Federal Bureau of

Investigation (FBI) fingerprint files, a check of FBI investigative files and a check of the

Department of Defense investigative index of civilian and military personnel. It is checked by inquiry, linkage and record search only.

- Credit Check is covered by linkage, and the period covered is seven years. All credit checks will be used for employment purposes only in accordance with the Fair Credit

Reporting Act.

- Personal Subject Interview is scheduled at the current job location.

- Education is not scheduled.

- Residence is covered by personal coverage and record search only for the most recent three years of the basic coverage period.

- Employment is not scheduled.

- Law Enforcement is covered by record search only for locations within the basic coverage period and is scheduled inquiry or record search only for related issue information shown on the case papers.

- Stateside Military Service is not scheduled.

Attachment J-9

ADJUDICATION STANDARDS FOR RESOLVING

BACKGROUND INVESTIGATION (BI)

AND PERIODIC REINVESTIGATION

A. INTRODUCTION: The review of background investigations and the resolution of derogatory information is an essential part of the process for determining whether an individual is eligible for government employment or access to national security information. (Any reference to “government employee” within this document includes persons working under contract.) These functions should be conducted, whenever possible, by designated security personnel outside of the employee's supervisory chain.

The supervisor's knowledge of derogatory information may affect the supervisor's objectivity regarding performance appraisal, promotions, etc., of the employee.

B. PURPOSE: The purpose of this document is to assist those individuals who initially review background investigations for employment and for those individuals who conduct subject interviews for the purpose of resolving and documenting derogatory information.

Derogatory information appears in a background investigation in a number of ways.

Some information is derogatory information on its face and is both easily recognized and identified. There is other information that standing alone is somewhat innocuous.

When this information is reviewed in the context of other information, it may also require resolution.

C. PRINCIPALS: All derogatory information be favorably resolved by the contractor before the Federal Bureau of Prisons (BOP) will consider granting final approval for employees to work with federal offenders under this contract. The resolution will require the adjudicator to identify the information, explain why it is considered insignificant or provide documented resolution. It is not sufficient to resolve derogatory information by merely indicating the subject exhibits acceptable job performance.

Adjudication of background investigations or reinvestigations that reveal activity or conduct that may render a person susceptible to coercion will be subject to the following guidelines:

1. If the background investigation or reinvestigation demonstrates the applicant/employee is open regarding his/her conduct, no personal interview or other action is warranted.

2. If the background investigation or reinvestigation indicates or raises an unresolved question as to whether the person is concealing any conduct that reasonably would subject the person to coercion, the contractor will arrange for an interview with the employee to discuss:

a. The issue of concealed conduct raised during the background investigation or reinvestigation and whether or not the person is, in fact, concealing any conduct that reasonably would subject the person to coercion. If the discussion demonstrates the person is not concealing any such conduct, no further action is warranted.

b. If the person may be concealing conduct that reasonably would subject the person to coercion, the interviewer will continue to discuss:

1) The contractor's concern regarding the potential for coercion, pressure, manipulation or blackmail;

2) The contractor’s Employee Standards of Conduct requirement that the employee immediately submit a written report of any attempt at coercion or blackmail to the Chief Executive Officer.

The interviewer should prepare a memorandum documenting the discussion and the employee's acknowledgment of the reporting requirements and submit it with the employee's personnel file. The employee is not required to sign any documentation.

Resolution of derogatory information should afford the subject an opportunity to comment on the derogatory information or a chance to offer his/her "side of the story."

Resolution of derogatory information is a critical part of the adjudication process for several reasons. Information which appears derogatory can be refuted or mitigated in some instances by the subject of the background investigation. Similarly, the subject may be able to present circumstances which clarify the derogatory information.

Executive Order 10450, entitled "Security Requirements For Government Employment," establishes as the criteria for government employment that individuals must be "reliable, trustworthy, of good conduct and character and of complete and unswerving loyalty to the United States."

Derogatory information is any information that, in the opinion of a reasonably objective person, tends to indicate an individual may not be possessed of one or more of these qualities.

D. DEROGATORY INFORMATION: Listed below are general areas of concern for adjudicators:

1. Loyalty. Any information which indicates the subject is not loyal should be identified as derogatory. Any background investigation which presents information which questions an employee's loyalty to the United States must be brought to the attention of the BOP. If an applicant is found to be unsuitable for employment, the BOP does not need to be advised.

If, however, it is decided the applicant is otherwise suitable for employment, the loyalty issue must be brought to the attention of the BOP prior to hiring the individual.

Several examples which should bring into question an individual’s loyalty are:

a. Advocating force or violence to overthrow the government of the United

States;

b. Establishing contact with a seditionist, anarchist or with any representative of a foreign government whose interests may be contrary to the interests of the United States; or

c. Membership in organizations which systematically commit criminal acts against the government of the United States.

2. Close Relatives and Associates. In reviewing a background investigation, attention should be given to evidence the subject of the investigation has close relatives or associates residing outside of the United States or who are citizens of a foreign country, especially hostile countries. Any information which tends to show the individual may be subjected to coercion or pressure should be identified as derogatory information and resolved, including frequent and/or prolonged foreign travel. In resolving information regarding close relatives or associates, it is important to understand the nature of the relationship and the frequency of contact between the subject and the relatives or associates. Therefore, the following information should be obtained from all applicants/employees where evidence of foreign relatives or associates is identified in the background investigation case papers or the actual background investigation:

a. Name and address of the foreign citizen (i.e., aunt, uncle, cousin, close friend, etc.);

b. Relationship between subject and foreign citizen (i.e., aunt, uncle, cousin, close friend, etc.);

c. The frequency of contact (past, present and future) with the foreign citizen; or

d. The form of such contact (personal visits, letters, cards or telephone calls).

3. Undesirable Character Traits. Any trait(s) which may show the individual to be unreliable, untrustworthy or open to compromise is significant in the adjudication of the case. This information may be given by an open or confidential source, derived from an arrest record or indicated by the falsification of employment applications or personal history statements. All such information must be viewed in relation to the rest of the file.

Isolated incidents in a person's background are viewed less significantly than a continuing or emerging pattern of behavior.

The adjudicator should try to obtain a complete picture for employment purposes.

Undesirable character traits could also place an individual in a compromising situation where coercion or pressure might be used to blackmail an applicant/employee. The following examples are provided:

a. Sexual Conduct: Sexual conduct and behavior become important to the adjudication of a background investigation when there is evidence the individual could be coerced or blackmailed due to sexual conduct.

Should it be determined an applicant/employee could be subjected to coercion because of sexual conduct, this information must be addressed and resolved. If sexual conduct becomes germane, homosexual and heterosexual conduct will be treated the same.

b. Alcoholism: Any information which tends to show the individual uses alcohol to excess or any information that shows alcohol use affecting job performance should be identified as derogatory information. Look for a pattern of behavior vs. an isolated incident.

4. Mental Disorders/Treatment. Medical treatment for a mental condition, as distinguished from marriage counseling and social services counseling for family problems, is significant and must be clarified to determine whether the subject's job performance may be adversely affected. The purpose of identifying this kind of information is to remove any reasonable doubt regarding the current seriousness of a problem. Temporary depression related to the death of a loved one or the failure of a marriage is to be expected, whereas long term depression would cause considerably greater concern.

Medical treatment for a mental/emotional disorder must be accompanied by a recommendation from a competent medical authority that the employee is capable to perform the duties of a sensitive position.

5. Financial Responsibility. Indebtedness becomes a legitimate concern when an individual begins to fall behind on credit card payments, alimony, child support, rent, car loans, etc.

Some debts are clearly not the responsibility of an individual and may be the

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result of careless record keeping by credit reporting agencies.

Refusal to admit to a just debt is not enough to resolve an unfavorable credit record. A derogatory credit report must be resolved by the individual and appropriate documentation provided. Any disputes between the employee and the credit agency must be resolved by the subject and documentation submitted.

Similarly, the repossession of an automobile for nonpayment and eviction from rental housing for nonpayment should be explained by the employee and documentation provided to show any remaining indebtedness following the eviction or repossession has been resolved.

6. Dishonesty. Individuals entering service under this contract must be

“...trustworthy...and of good conduct and character...” This requires employees are honest when filling out all employment documents.

Discrepancies on these forms may be an indication the applicant/employee has falsified one of the forms to either conceal past behavior or to exaggerate or misrepresent qualifications or suitability. In either case, all discrepancies must be resolved.

7. Arrests. An arrest, regardless of the offense or when it was committed, is derogatory information and should be so stated. The nature and severity of the offense and when it was committed will have a bearing on the adjudication.

Generally, the more recent the offense the greater impact it will have on the adjudication. An arrest that resulted in a conviction and fine/imprisonment must be accompanied by sufficient evidence the applicant/employee has been rehabilitated.

8. Drug Usage. Evidence of the illegal use of prescription or nonprescription drugs by an employee requires resolution. In resolving drug related derogatory information, the offense must be viewed against the age of the applicant/employee and when the offense occurred. In addition, information should be obtained and consideration given regarding what drug(s) were used, how often and any treatment the employee received for drug usage.

9. Confidential Source Information. Background investigations will sometimes contain information provided by sources who request confidentiality under the

Privacy Act. It is not permissible, in most cases, to include this information in the resolution of derogatory information because of the risk of identifying the source. Only information that is otherwise substantiated elsewhere in the investigation or pre-employment documents and from unprotected sources can be used.

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10. Classified Information. Similarly, national security information classified at the

"Confidential," "Secret" and "Top Secret" levels sometimes appears in background investigations. Background investigations containing such information shall be handled appropriately by the contractor.

E. PROCEDURES TO RESOLVE DEROGATORY INFORMATION: Once derogatory information has been identified, either during the pre-employment process or in the review of the background investigation, it must be resolved. Resolution usually is presented in the form of written documentation obtained through an interview with the employee.

Derogatory information revealed in the pre-employment screening process that falls within the Guidelines of Acceptability or for which a waiver was obtained does not have to be formally addressed in adjudicating the investigation. The adjudicator should make note the information was considered during the pre-employment screening and is within the Guidelines or a waiver was obtained. Waivers should be submitted with the investigation.

Attachment J-10

BUSINESS MANAGEMENT QUESTIONNAIRE

Purpose:

The policy of the Federal Bureau of Prisons in acquiring services is to encourage firms lawfully engaged in the practice of performing Government required services to submit a statement of qualifications and performance data.

This questionnaire should only be submitted by a related services organization when requested to do so by the specific provisions of a solicitation, requested by the Contracting Officer, or public announcement.

This questionnaire may be used as a basis for selecting firms for discussions, or screening organizations preliminary to inviting submission of additional information.

Definitions:

(a) "Principals" are those individuals in a firm who possess legal responsibility for its management. They may be officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division or business segment, and similar positions).

(b) "Parent Company" is that firm, company, corporation, association, or conglomerate which is the major stockholder or highest tier owner of the firm completing the questionnaire; (i.e. Firm A is owned by Firm B which is, in turn, a subsidiary of Corporation C. The "parent company" is Corporation C).

(c) "Joint Venture" is a collaborative undertaking by two or more firms or individuals for which the participants are both jointly and individually responsible.

(d) "Consultant" as used in this questionnaire, is a highly specialized individual or firm having significant input and responsibility for certain aspects of a project and possessing unusual or unique capabilities for assuring success of the finished work.

(e) "Specialists and Individual Consultants" as used in this questionnaire, refer to individuals who have major project responsibility, or will provide unusual or unique capabilities for the services under consideration.

FEDERAL BUREAU OF PRISONS SERVICE

CONTRACT BUSINESS MANAGEMENT

QUESTIONNAIRE

1. Organization Name:

2. Under what other or former names has your organization operated?

3. If your organization is a corporation, provide the following:

(i) Date of incorporation:

(ii) State of incorporation:

(iii) Identify President (CEO), Vice President, Treasurer and Secretary (include Date of Birth, Place of Birth, Social Security Number, Race and Gender):

4. If your organization is a partnership, provide the following:

(i) Date of organization:

(ii) Type of partnership (if applicable):

(iii) Name(s) of general partner(s) (include Date of Birth, Place of Birth, Social Security Number, Race and Gender):

5. If your organization is individually owned, provide the following:

(i) Date of organization:

(ii) Name of owner (include Date of Birth, Place of Birth, Social Security Number, Race and Gender):(iii) If the form of your organization is other than that listed above, describe it and the name of the principals (include Date of Birth, Place of Birth, Social Security Number, Race and Gender):

6. LICENSING. (Attach additional pages as necessary.)

a. List jurisdiction and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable.

b. List jurisdictions in which your organization's or trade name is filed.

7. FINANCIAL DATA. (Attach additional pages as necessary.)

a. Trade References.

b. Bank References.

8. PROOF OF FINANCING

a. Attach a financial statement, preferably audited, including your organization's latest balance sheet, cash flow statement, and income statement providing at a minimum the following items:

- Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses);

- Net fixed Assets;

- Other Assets;

- Current liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes);

- Other liabilities (e.g., capital, capital stock, authorized and outstanding shares per values, earned surplus and retained earnings).

b. Name and address of firm preparing attached financial statement, and date:

c. Is the attached financial statement for the identical organization named on page one? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary).

9. SIGNATURE

18 U.S.C. 1001, False Statements Act provides: Whoever, in any matter within the jurisdiction of any department of agency of the United States knowingly and willingly falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representation, or makes or uses any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

Dated this day of 20

Name of Organization

By:

Title:

M being duly sworn deposes and says that the information herein is true and sufficiently complete so as not to be misleading.

Subscribed and sworn before me this

Notary Public:

My Commission Expires:

day o bop38335 Typewritten Text

Table A

Dynamic Small Business Search bop38335

Attachment J-12

QUESTION SUBMITTAL

FORM

Please utilize this form when submitting questions. Please cite the section, page, and line number which pertains to your question. All questions must be submitted no later than February 9, 2015. Any of the following methods may be used:

Mail to: Tim Barnes/Michael Bodine Privatized

Corrections Contracting Federal Bureau of Prisons

320 First St., NW, Rm. 5005 Washington, DC 20534

Fax to: (202)616-6224

Email to: mbodine@bop.gov rwynne@bop.gov

My Question is in Reference to:

SECTION

PAGE

mailto:mbodine@bop.gov mailto:rwynne@bop.gov

Attachment J-13

OFFEROR’S INTENT TO PROPOSE

Solicitation Number: RFP-PCC-0022

We intend to submit a proposal for number of beds at the following location

Authorized Signature:

Printed Name:

Title:

Date:

Name, Address and Telephone Number of Firm or Organization:

Note: Unless otherwise stated in the solicitation, no other material should be returned if you do not intend to submit a proposal. This notification must be returned by February 6, 2015.

Mail to: Federal Bureau of Prisons Attn: Michael Bodine/Ryan Wynne Privatized Corrections Contracting 320 First Street, NW, Rm. 5005 Washington, DC 20534 Phone: (202) 616-1647 or Fax it to: (202) 616-6224

Attachment J-14

REQUIRED GOVERNMENT SPACE

Federal Bureau of Prisons (BOP) - Approximately 2,500 Square Feet:

Primary Space

2 offices @ approximately 200 square feet each

3-4 offices @ approximately 150 square feet each

Conference room @ approximately 300 square feet

Support Space

Copier/Communication room

File room @ approximately 200 square feet

Break room @ approximately 150-200 square feet

Restrooms (located within BOP designated area)

The designated space for BOP shall be: secure administrative office space, located within close proximity to the administrative office space for the contractor’s staff and able to be secured from the remaining area of the institution. The conference room will require a minimum of four communication/computer lines, three phone lines and a Local Area Network (LAN) port capable of fixed speed and duplex configuration for BOP supplied video conferencing equipment. The copier/communication room will also require a fax line and phone line.

Executive Office for Immigration Review (EOIR) and United States Immigration and

Customs Enforcement (ICE) - Approximately 450 Square Feet:

Primary Space

1 office @ approximately 150 square feet

Support Space

Video courtroom @ approximately 300 square feet

The designated space for EOIR and ICE shall be located near each other and inside the secure perimeter of the facility. The video courtroom shall have a LAN port capable of fixed speed and duplex configuration.

Additional Requirements:

All Government space shall be climate controlled and complete with appropriate electrical, communication and phone connections. The contractor shall be responsible for all maintenance, security and costs associated with space designated for Government staff.

The Government will require ten parking spaces as indicated in the Performance Work

Statement.

Attachment J-15

PROCEDURAL GUIDANCE COMPLYING WITH NATIONAL

ENVIRONMENTAL POLICY ACT REQUIREMENTS

I. INTRODUCTION

The National Environmental Policy Act (NEPA) of 1970 (Pub. Law 90-190; 42 U.S.C. §

4331 et seq) establishes a national goal of protecting the environment. NEPA requirements apply to any Federal project, decision, or action that might have a significant impact on the quality of the human environment. Prospective contractors (hereinafter “offerors”) responding to this solicitation must assist the Bureau in complying with NEPA requirements. In addition to NEPA, offerors must consider other environmental statutes including but not limited to:

Coastal Zone Management Act of 1972; Clean Air Act of 1974; Safe Drinking Water Act of

1974; Endangered Species Act of 1973; National Historic Preservation Act of 1966; the

Farmland Protection Policy Act, and others.

A. Project Planning and Identification of a Proposed Site(s)

During the planning phase of the project, the offeror identifies a proposed site for contract performance and any construction, renovation or expansion activities that may be necessary. In order to identify possible environmental concerns and impacts to the environment, the offeror should involve others at this stage through formal and/or informal meetings by making affected or interested parties aware of the proposed action and potential environmental impacts, and provide an opportunity to express comments or concerns. The offeror should make a record of the meetings and summarize any comments.

B. Preparation of an Environmental Assessment (“EA”)

The Bureau will be compiling information submitted by offerors in order to create a EIS of the

Bureau’s proposed contract action. In order to facilitate the Bureau’s NEPA compliance, each offeror shall submit its own EA to the Bureau in accordance with the outline, below. An offeror shall prepare a separate EA for each site offered for award. The offeror may prepare its EA or contract for the preparation of all or parts of its EA. In order to adequately assess all of the potential environmental impacts, the environmental analysis requires a multi-disciplinary approach. Each offeror’s EA shall contain the following:

Proposed Action and Purpose and Need. The Proposed Action shall be as follows: “The proposed action is to award a contract to house approximately 1200-2,000 federal, low security, adult male, non-U.S. citizen inmates Contractor-Owned/Contractor-

Operated correctional facility. The proposed facility(s) must be located in one of the following states: Arizona, Louisiana, Mississippi, Nevada, New Mexico, Oklahoma, or

Texas. Under the proposed action, the contractor selected would be responsible for ensuring that the correctional facility is operated in a manner consistent with the mission of the BOP and state and federal laws and regulations. In addition, the facility selected would be within the appropriate proximity, and have access to, emergency services including medical care, fire protection, and law enforcement. It is anticipated that the

BOP will predominantly assign federal, low-security, adult male inmates (comprised primarily of persons from Mexico and Central American countries) to the selected facility.

However, the BOP may designate any inmate within its custody utilizing the same designation criteria as used at other BOP facilities. All inmate services and programs would be developed and implemented to comply with the BOP’s contract requirements and all applicable federal, state and local laws and regulations. This Environmental

Assessment (EA) serves to evaluate the potential impacts of the proposed action and alternatives, including the No Action Alternative, as stipulated by the National

Environmental Policy Act of 1969. The Purpose and Need shall as follows:

The…