3_-_PWS_Taft_2017.pdf

RFP-PCC-0025 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. . . . . . . . . . . 25 12 F. Case Records. . . . . . . . . . . . . . . . . . . . 27 13 G. Information System and Research . . . . . . . . . . 29 14 H. Physical Plant. . . . . . . . . . . . . . . . . . . 32 15 I. Security and Control. . . . . . . . . . . . . . . . 35 16 J. Discipline. . . . . . . . . . . . . . . . . . . . . 41 17 K. Inmate Rights . . . . . . . . . . . . . . . . . . . 42 18 L. Reception and Orientation . . . . . . . . . . . . . 43 19 M. Classification. . . . . . . . . . . . . . . . . . . 45 20 N. Food Service. . . . . . . . . . . . . . . . . . . . 47 21 O. Health Care . . . . . . . . . . . . . . . . . . . . 49 22 P. Work and Correctional Industries. . . . . . . . . . 57 23 Q. Academic and Vocational Education . . . . . . . . . 57 24 R. Recreation and Activities . . . . . . . . . . . . . 58 25 S. Telephone . . . . . . . . . . . . . . . . . . . . . 58 26

INTRODUCTION 1

This Performance Work Statement (PWS) sets forth the contract 2 performance requirements for the management and operation of a 3 government-owned, contractor operated correctional 4 institution(s) in Taft, CA. The Taft site includes a low 5 security correctional institution and a separate minimum 6 security facility. Unless otherwise noted in this PWS, both 7 facilities are collectively identified as the institution. The 8 population in the low security facility will be a low security 9 adult male population consisting primarily of criminal aliens 10 (non-U.S. citizens) with 90 months or less remaining to serve on 11 their sentences. The population in the minimum facility will be 12 a minimum security adult male population consisting of U.S. 13 citizens with sentences less than 10 years. 14

Offerors are prohibited from housing non-Bureau of Prisons (BOP) 15 inmates at this institution. The contractor will be required to 16 house a daily population of 100% of the inmate population. The 17 institution includes a Special Housing Unit (SHU) with 145 beds. 18 The SHU beds shall be additional beds used only for the purpose 19 of a SHU and shall not be included in the 100% general 20 population bed space. 21

The contractor shall ensure the facility operates in a manner 22 consistent with the mission of the BOP. The BOP’s mission is 23 the protection of society by confining offenders in the 24 controlled environments of prisons and community-based 25 facilities which are safe, humane, cost-efficient, and 26 appropriately secure and provide work and other self-improvement 27 opportunities to assist inmates in becoming law abiding 28 citizens. 29

Contract performance shall begin when the Contracting Officer 30 (CO) issues the Notice to Proceed (NTP). The institution is 31 presently fully occupied and will be occupied when the contract 32 period begins performance. 33

Within 120 days of contract award, the contractor shall be ready 34 to assume full responsibility for the operation, maintenance and 35 security of the institution. This may occur earlier at the 36 request of the contractor, but only if the BOP determines the 37 contractor is fully capable. Prior to issuance of the NTP, the 38 BOP will perform numerous assessments to ensure the contractor 39 is prepared to accept responsibility for performing all 40 requirements of the contract.The contractor shall notify the 41 Contracting Officer (CO) in writing when it is ready to assume 42 full responsibility for the operation, maintenance and security 43 of the institution no later than 30 days prior to the 1 contractor’s expected NTP date. 2

Unless otherwise specified, all plans, policies and procedures, 3 including those identified in the most current edition of the 4 American Correctional Association Standards for Adult 5 Correctional Institutions (ACA/ACI Standards), shall be 6 developed by the contractor and submitted in writing to the 7 Contracting Officer’s Representative (COR) for review and 8 concurrence prior to issuance of the NTP. Once concurrence has 9 been granted, these plans, policies and procedures shall not be 10 modified without the prior written concurrence of the COR. 11

The NTP will be issued subsequent to receiving the contractor’s 12 notification it is prepared to assume full responsibility for 13 the inmates and the operation and the BOP’s sole determination 14 the contractor is capable of assuming responsibility of the 15 operation and imates. The contractor shall be prepared to 16 accept responsibility of the inmates and operation immediately 17 upon the issuance of the NTP. 18

It is anticipated the BOP will predominantly designate non-U.S. 19 citizens with deportation orders to the low security institution 20 and designate U.S. citizens to the minimum security institution. 21 However, the BOP may designate any inmate within its custody, 22 utilizing the same designation criteria as used at other BOP low 23 security facilities. PS 5100.08, Inmate Security Designation 24 and Custody Classification, dated 9/12/06, outlines the 25 procedures for designating inmates. The contractor does not 26 have a right of refusal and shall accept all designations from 27 the BOP. 28

The contractor is prohibited from constructing any additional 29 bed space or facilities at the contract location after award 30 without the prior written approval of the CO. 31

The contractor shall furnish all personnel, management, 32 equipment, supplies and services necessary for the performance 33 of all aspects of the contract. Unless explicitly stated 34 otherwise, the contractor is responsible for all costs 35 associated with and incurred as part of providing the services 36 outlined in this contract.37

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

Accredited Health Care Organization – An independent, not-for-10 profit organization that provides accreditation and 11 certification for health care organizations through the 12 organization’s commitment to meeting certain health care 13 performance standards. 14

BOP – Federal Bureau of Prisons. 15

CAS – Civil Applicant System 16

CFM – Contract Facility Monitoring. A team of subject matter 17 experts who conduct periodic reviews of the institution’s 18 performance. 19

CO – Contracting Officer. A Government employee, who by virtue 20 of a Contracting Officer’s Warrant, is the only Government 21 employee authorized to obligate, negotiate, award, administer, 22 cancel or terminate contracts on behalf of the United States 23 Government. COs are responsible for ensuring performance of all 24 necessary actions for effective contracting, ensuring compliance 25 with the terms of the contract and safeguarding the interests of 26 the Government in its contractual relationships. 27

Contract Award Date – The date the CO signs the contract. 28

Contract Day – A “day” is considered a calendar day. 29

Contractor – The entity to which the Government has awarded the 30 contract. 31

COR – Contracting Officer’s Representative. The Government 32 employee, designated in writing by the CO, authorized to perform 33 certain limited functions on behalf of the CO. The extent of 34 COR responsibilities are outlined in Section G of the contract 35 and the COR Designation Letter which will be provided to the 36 contractor. Typically, the COR is the Privatization Field 37 Administrator, the Senior Secure Institution Manager, Secure 38 Oversight Monitor, and various subject matter experts. 39

Credentials – Documents permitting primary source verification 1 regarding qualifications, including education, training, 2 licensor, experience and board certification of an employee. 3

DHO – Discipline Hearing Officer. The Government trained and 4 certified individual responsible for conducting disciplinary 5 hearings. 6

DOJ – Department of Justice. 7

DOJ Information - DOJ information is defined as information 8 owned by, produced by or for, or under the control of the DOJ, 9 both electronic and hard copy and may be sensitive or non-10 sensitive. 11

DSCC – Designation and Sentence Computation Center. 12

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

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

Executive Order (E.O.) - An order or directive issued by the 25 President, who is the head of the executive branch of the 26 federal government. 27

FBI – Federal Bureau of Investigation. 28

Federal Information Systems – Information systems used or 29 operated by an agency or by a contractor for an agency or other 30 organization on behalf of an agency. 31

FOIA Exempt – Information which is exempt from release under the 32 Freedom of Information Act, 5 United States Code (USC) 552. 33

Former Inmate – A person who has been found guilty of committing 34 a felony or misdemeanor for whom less than one year has elapsed 35 since release from custody or any type of supervision. 36

Government Furnished Property (GFP) - Property in the possession 1 of or directly acquired by the government and subsequently 2 furnished to the contractor for performance of a contract. 3

Government Property - All property owned or leased by the 4 government. Includes both GFP and contractor-acquired property. 5 Government property includes material, equipment and real 6 property. Government property does not include intellectual 7 property and contractor supplied software. 8

HSU – Health Services Unit. The organizational unit providing 9 routine and emergency health care. The HSU is the designated 10 part of a facility delivering health care to inmates. 11

ICE – United States Immigration and Customs Enforcement. 12

Inmate – An individual confined under the auspices and authority 13 of the BOP or under supervision of a federal court. 14

Inmate Records – Information concerning an inmate’s personal, 15 criminal and medical history, behavior and activities while in 16 custody. This may include detainers, personal property 17 receipts, visitor lists, photographs, fingerprints, disciplinary 18 infractions and actions taken, grievance reports, work 19 assignments, program participation, miscellaneous correspondence 20 and forms prescribed by Government policy, etc. 21

Less than Lethal Force - Only that amount of force necessary to 22 gain control of the inmate, to protect and ensure the safety of 23 inmates, staff and others, to prevent serious property damage, 24 and to ensure institution security and good order without 25 causing death or serious bodily harm. 26

Lethal Force – The force a person uses with the purpose of 27 causing or which they know or should know would create a 28 substantial risk of causing death or serious bodily harm. 29

Negative Pressure Room/Airborne Isolation Room – A room where 30 the direction of air flow is controlled by creating a lower 31 (negative) pressure in the area into which flow of air is 32 desired. 33

NTP – Notice to Proceed. The official written notice signed and 34 issued by the CO which authorizes the contractor to proceed with 35 the contract and begin providing services under the contract. 36 The contractor shall be prepared to accept inmates immediately 37 upon issuance of the NTP. 38

OIA – Office of Interlal Affairs, BOP. 39

OIG - Office of the Inspector General, DOJ. 1

PREA – Prison Rape Elimination Act 2

Program Statement (PS) - A BOP written directive that 3 establishes policy in a given area. 4

Records Office – The office responsible for maintaining records, 5 coordination of movement and other related functions.Safety 6 Equipment – Including, but not limited to, fire-fighting 7 equipment (e.g., chemical extinguishers, hoses, nozzles, water 8 supplies, alarm systems, portable breathing devices, gas masks, 9 fans, first aid kits, stretchers). 10

Sensitive But Unclassified – Information which is unclassified 11 information of a sensitive, proprietary or personally private 12 nature which must be protected against release to unauthorized 13 individuals. 14

Subcontract – Any agreement entered into by the contractor who 15 was awarded the contract (“prime contractor”) with another 16 entity to provide services and supplies to accomplish 17 performance of the contract. 18

Subcontractor, Full Time – An individual performing work in the 19 contract facility which requires performance in excess of 29 or 20 more total days or 232 hours which can be accrued incrementally 21 (i.e., 2 hours per week, 3 days per week) or in a one month 22 period. 23

Subcontractor, Part Time – An individual performing work in the 24 contract facility which requires performance of 29 total days or 25 232 hours or less which can be accrued incrementally (i.e., 2 26 hours per week, 3 days per week) or 29 days at one time. Part-27 time subcontractors shall be escorted at all times while in the 28 institution or when outside the institution if the possibility 29 exists of coming into contact with inmates. 30

USMS – United States Marshals Service. 31

Warden – The contractor’s official, regardless of title (e.g., 32 Chief Executive Officer), who has ultimate onsite responsibility 33 for the overall management and operation of a facility. 34

WEB SENTRY – The BOP’s online real-time database system used 35 primarily for maintaining information about federal inmates. It 36 contains information about sentencing, work assignments, 37 admission/release status and other special assignments for 38 monitoring inmate status. The SENTRY system also includes 39 property management and other modules which address most aspects 40 of incarceration.Additional definitions are contained in the 1 ACA/ACI Standards and Standards Supplement. 2

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. The contractor shall comply with 16 such changes ordinarily within 30 days of receiving written 17 notification unless otherwise noted. 18

The BOP reserves the right to have various staff on site to 19 monitor contract performance. The Government reserves its right 20 to conduct announced and unannounced inspections of any part of 21 the institution at any time and by any method to assess contract 22 compliance. 23

B. General Administration 24

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

Failure to perform in accordance with contract requirements and 33 to obtain ACA accreditation within 24 months of the NTP may 34 result in a reduction of the monthly operating price in 35 accordance with the contract terms. 36

Accomplishment of some ACA/ACI Standards is augmented by BOP 37 policy and/or procedure. In these instances, the PWS identifies 38 and provides direction for the enhanced requirements. 39

The contractor is responsible for the development and 40 administration of a comprehensive Quality Control Program (QCP) 41 which ensures all requirements of this contract are achieved. 1 The specific requirements for the QCP are detailed in Section J. 2

Several sections of this PWS require the contractor to maintain 3 a system of records identical to the BOP. The contractor shall 4 not establish a separate system of records without prior written 5 approval of the CO. All records related to contract performance 6 shall be retained in a retrievable format for the duration of 7 the contract. Except as otherwise expressly provided in this 8 PWS, the contractor shall, upon completion or termination of the 9 resulting contract or upon request, transmit to the Government 10 any records related to performance of the contract. 11

The contractor shall comply with all statutes, regulations and 12 guidelines from the National Archives and Records 13 Administration. Records and information management functions 14 are required and mandated by the following regulations: 44 USC 15 21, 29, 31 and 33; 36 Code of Federal Regulations (CFR) Chapter 16 12, Sub-chapters A and B; Office of Management and Budget (OMB) 17 Circular A-130; and DOJ Order 2710.8C, Removal and Maintenance 18 of, and Access to, Documents. Criminal penalties for unlawfully 19 destroying, damaging or removing federal records are addressed 20 in 18 USC 2071, 793, 794 and 798. 21

The contractor shall protect, defend, indemnify, save and hold 22 harmless the Government, BOP and its employees or agents from 23 and against any and all claims, demands, expenses, causes of 24 action, judgments and liabilities arising out of, or in 25 connection with, any negligent acts or omissions of the 26 contractor, its agents, subcontractors, employees, assignees or 27 any one for whom the contractor may be responsible. The 28 contractor shall also be liable for any and all costs, expenses 29 and attorney fees incurred as a result of any such claim, 30 demand, cause of action, judgment or liability, including those 31 costs, expenses and attorney fees incurred by the Government, 32 BOP and its employees or agents. The contractor’s liability 33 shall not be limited by any provision or limits of insurance set 34 forth in the resulting contract. 35

In awarding the contract, the Government does not assume any 36 liability to third parties, nor will the Government reimburse 37 the contractor for its liabilities to third parties, with 38 respect to loss due to death, bodily injury or damage to 39 property resulting in any way from the performance of the 40 contract or any subcontract under this contract. 41

The contractor shall be responsible for all litigation, 42 including the cost of litigation, brought against it, its 43 employees or agents for alleged acts or omissions. The CO/COR 1 shall be notified in writing of all litigation pertaining to 2 this contract and provided copies of any pleadings filed or said 3 litigation within five working days of the filing. The 4 contractor shall cooperate with Government legal staff and/or 5 the United States Attorney regarding any requests pertaining to 6 federal or contractor litigation. 7

Policies and procedures shall be developed to ensure a positive 8 relationship is maintained with all levels of the federal 9 judiciary. The contractor’s procedures shall ensure a tracking 10 system is established which mandates all judicial inquiries and 11 program recommendations are responded to in a timely and 12 accurate manner. All judicial inquiries and contractor 13 responses specifically related to an inmate shall be made a part 14 of the inmate’s central file. 15

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

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

The contractor shall coordinate, in advance, all public 25 information related issues with the CO prior to the NTP and the 26 COR after the NTP. All press statements and releases shall be 27 cleared, in advance, with the CO prior to the NTP and the COR 28 after the NTP. 29

The contractor shall promptly make public announcements, stating 30 the facts of unusual newsworthy incidents to local media. 31 Examples of such events include, but are not limited to, deaths 32 by other than natural causes, escapes from custody and 33 institution emergencies. 34

The contractor shall ensure employees agree to use appropriate 35 disclaimers clearly stating the employees’ opinions do not 36 necessarily reflect the position of the BOP or the DOJ in any 37 public presentations they make or articles they write which 38 relate to any aspect of contract performance or the facility 39 operations. 40

C. Fiscal Management 1

Commissary Operation 2

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

The contractor shall ensure inmates spend no more on purchases 10 than the BOP’s current national spending limitation for 11 commissary sales. The contractor shall not sell or stock items 12 which are prohibited by the BOP as defined in PS 4500.11 CN-1, 13 Trust Fund/Deposit Fund Manual, dated 12/16/16, Chapter 3.3 14

The selling price of each item ordered and sold in the 15 commissary shall be calculated based on the cost of each 16 sellable unit. The markup of merchandise shall be no more than 17 the following: 0% for postage stamps, religious items, 18 education course/resource requirements; 5% for Special Purchase 19 Orders (SPO) purchased at retail cost; 30% on standard/SPOs 20 purchased at non-retail cost; preprinted sales prices printed on 21 packaging will be sold at the preprinted price. Once an item is 22 marked up, any applicable sales tax will need to be added and 23 the total price rounded to the next highest nickel. 24

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

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

The contractor shall establish procedures when disposing of 33 commissary merchandise when it is damaged, unfit for resale or 34 destroyed. The total of unsaleable merchandise at cost cannot 35 exceed .0015 times the actual regular commissary semi-annual 36 sales at cost in any one inventory period. 37

Inmate Benefit Fund 38

Any revenues earned in excess of those needed for commissary 39 operations shall be used to provide benefit to all inmates via 40 an inmate benefit fund. The contractor may use PS 4500.11, 41

Chapter 2, as a guide for appropriate expenditures from this 1 fund. However, prohibited items, as defined by the BOP, shall 2 not be purchased with commissary revenues. Individual 3 expenditures from the inmate benefit fund that exceed $10,000 4 shall be approved by the contractor’s corporate office. Records 5 of inmate benefit fund expenditures shall be maintained on site 6 at the contract facility and available for review by the BOP. 7 At the conclusion of the contract, the inmate benefit fund shall 8 revert back to the Government. Any interest earned on this fund 9 shall be credited to the inmate benefit fund. 10

Inmate Funds 11

If inmate funds are placed in an interest bearing account, the 12 interest earned must be credited to the inmate. 13

Procedures shall be established for transferring inmate personal 14 funds upon release from the institution, transfer to another 15 institution or when an inmate requests a funds transfer to an 16 outside source. The contractor shall ensure all inmates who are 17 scheduled for removal to foreign destinations are given all 18 funds immediately prior to release from the institution. 19 Transfer of inmate funds shall occur within five working days 20 upon release from the institution, transfer to another 21 institution or when an inmate requests a funds transfer to an 22 outside source. 23

Inmates who transfer to a BOP institution shall have their funds 24 sent to the BOP National Lockbox address below in accordance 25 with the procedures defined in PS 4500.11, Chapter 9.5: 26

Federal Bureau of Prisons 27 Insert Inmate Eight Digit Register Number 28 Insert Inmate’s Committed Name 29 PO Box 474701 30 Des Moines, IA 50947-0001 31

Unclaimed Inmate Funds 32

The contractor shall exhaust all avenues to locate inmates and 33 forward their inmate account balances. If after three months 34 the inmate cannot be located, the contractor shall forward the 35 inmate account balance to the BOP as instructed below: 36

1) Check made payable to the individual inmate must 37 contain the inmate’s committed name and register 38 number. The sender’s name must be included on the 39 check and/or mailing envelope. 40

2) Check made payable to the BOP for the purposes of 1 consolidating several inmate account balances must be 2 accompanied by a Field Submission Form provided by the 3

BOP. 4

3) Field Submission Forms shall list the inmate’s 5 committed name, register number and amount to be 6 credited to the inmate. One Field Submission Form 7 shall be completed for each check. 8

4) Signed memorandum must accompany each Field Submission 9 Form certifying all avenues to locate the inmate(s) 10 listed on the form have been exhausted. 11

5) Unclaimed funds shall be sent to the following 12 address: 13

Federal Bureau of Prisons 15 Insert Inmate Eight Digit Register Number 16 Insert Inmate’s Committed Name 17 Trust Fund Branch/Deposit Fund 18 320 First Street, NW 19 Room 5004 20 Washington, DC 20534 21

D. Personnel 2

For purposes of the Personnel portion of the contract, the terms 3 “employee,” “subject” and “applicant” refer to any person 4 applying to work for the contractor as an employee or 5 subcontractor or who may already be employed by the contractor 6 who has not previously completed the personnel security 7 requirements detailed in this section of the contract and who 8 has not received a favorable suitability adjudication from the 9

BOP. 10

The contractor shall develop written procedures for the security 11 and supervision of employees and subcontractors who work on this 12 contract in accordance with the Notice of Contractor Personnel 13 Security Requirements Clause and with the requirements of 14 Homeland Security Presidential Directive-12 (HSPD-12) located in 15 Section I of the contract. The procedures shall include record 16 keeping, identification badges and escort protocols. The 17 contractor shall include these procedures in the contractor’s 18 Personnel Policy Manual. 19

Staffing Plan 20

The number, type and distribution of staff as described in the 21 contract staffing plan shall be maintained throughout the term 22 of the contract. Any post identified on the staffing plan with 23 a relief factor greater than 1 shall not be vacated without the 24 approval of the CO. Failure to fill these posts may result in 25 contract action. 26

Written requests to change the number, type and/or distribution 27 of staff described in the staffing plan must be submitted to the 28 CO for approval prior to implementation. 29

The approved staff compliment shall not fall below a monthly 30 average of 90% for Correctional Services, 85% for Health 31 Services and 85% for all other departments of the BOP approved 32 staffing plan. Staffing levels for all departments other than 33 Correctional Services and Health Services will be calculated in 34 the aggregate. Each month, the contractor shall submit to the 35 CO the current average monthly vacancy rate, by department, and 36 indicate any individual positions that have been vacant more 37 than 30 days. 38

Failure to fill any individual position within 120 days of the 39 vacancy may result in a reduction from the monthly invoice. The 40 BOP may calculate the reduction retroactive to day one of the 41 vacancy and concluding on the entry on duty (EOD) date, 1 excluding the days for the BOP’s conditional approval process. 2

Positions not on the approved staffing plan shall not be used to 3 offset staffing vacancies unless the contractor receives prior 4 written authorization from the CO. 5

Employment Procedures 6

The Warden or designee shall be the contractor’s contact person 7 for all matters regarding the processing of contractor 8 personnel. 9

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

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

2) Conduct a pre-employment interview; 15

3) Complete an Employment Eligibility Verification (Form 16

I-9); 17

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

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

6) Complete OPM form 306 Declaration for Federal 22

Employment 23

7) Complete Pre-Employment Questionaire (PS 3000.03) 24

8) Certify the applicant is a U.S. citizen (see below – 25

Other Requirements); 26

9) Complete PMB’s HSPD-12 Verification Form; 27

10) Certify the applicant has met the residency 28 requirements (see below – Other Requirements); 29

11) Applicant shall complete Questionnaire for Public 30

Trust Positions (SF-85P) or approved equivalent; 31

12) Complete and submit FBI fingerprint form (FD-258) via 32

Civil Applicant System (CAS) at submit@cas.doj.gov; 33

13) Coordinate the process for BOP staff to conduct 34 criminal history checks from the National Crime 35 Information Center (NCIC) and the International 36 Justice and Public Safety Information Network (NLETS); 37

The determination for employment suitability must be made using 38 the BOP’s current Guidelines of Acceptability (Guidelines). 39 Based on steps #1-13 and the Guidelines, the contractor will 40 determine if the applicant is suitable for employment. The 41 Warden shall certify steps #1-13 have been completed with 42 satisfactory results and submit this certification with the 43 applicant’s information to the BOP for conditional approval. 1 The applicant’s information shall include the following: full 2 name, date of birth, driver’s license number and issuing state, 3 social security number and position applied for. All derogatory 4 information shall be documented and properly resolved when 5 submitting a request to the BOP for conditional and final 6 approval. 7

In accordance with the provisions of HSPD-12 and requirements 8 set forth by the Department of Justice, contract personnel who 9 requires routine physical access to Department of Justice 10 information, federally controlled facilities and/or federally 11 controlled information systems (e.g., SENTRY, Groupwise, CAS, 12 Victim Notification System (VNS), Centra, Joint Automated 13 Booking System (JABS) and the Magic Help Desk) will additionally 14 require a Personal Identity Verfication (PIV) card issued 15 through the U.S. General Services Administration (GSA) USAccess 16 Program. The contractor shall develop procedures to coordinate 17 with the COR and GSA to request, process, and activate a PIV 18 card. 19

Note: Billing rates for a PIV card are established by GSA. 20

All staff must undergo an extensive background investigation. 21 The background investigation (BI) will utilize the Tier 4s 22 conducted through the National Background Investigation Bureau 23 (NBIB). The schedule date and case number will be required to 24 work on the federal contract or have contact with federal 25 inmates. The BI is active for a period of five years from the 26 date of closure. A new background investigation must be 27 requested prior to the expiration date. 28

Note: Billing rates for the background investigation are 29 established by OPM and distributed via Federal Investigations 30 Notices (FIN). 31

Conditional approval will be granted after the BI process has 32 been initiated. 33

Prior to the applicant’s employment, the contractor shall 34 complete the following steps: 35

14) Conduct a urinalysis in accordance with PS 3735.04, 36 Drug Free Workplace, dated 6/30/97; 37

15) Enter the applicant into JSTARS; 38

16) Notify COR at least 24 hours prior to EOD. 39

Contractor responsibilities subsequent to EOD date: 40

17) Review and resolve outstanding employment 1 investigation concerns. 2

The BOP retains authority to approve all contractor staff, 3 subcontractor employees and volunteers who work or have contact 4 with federal inmates under the terms of this contract. No 5 individual who is under supervision or jurisdiction of any 6 parole, probation or correctional authority shall be hired. 7

The contractor shall develop procedures to coordinate with the 8 COR to process and initiate NCIC/NLETS functions in accordance 9 with PS 1280.11, JUST, NCIC, and NLETS Telecommunication Systems 10 (Management and Use), dated 1/7/00, for criminal history checks 11 to maintain institution security. NCIC/NLETS may not be 12 utilized for Justice Employment checks. The contractor shall 13 adhere to the Federal Bureau of Investigation (FBI) Criminal 14 Justice Information Services (CJIS) Security Addendum as 15 included in Section J of the contract. The contractor shall 16 ensure use of NCIC/NLETS is performed only to the direct benefit 17 and furtherance of the contract. 18

Upon conclusion of the background investigation the contractor 19 will ordinarily have 30 days to resolve any derogatory 20 information and request written final approval.. 21

The contractor shall ensure all employees and full-time 22 subcontractor employees are reinvestigated every five years 23 utilizing the BI Teir 4 Reinvestigation Upon conclusion of the 24 re-investigation, any derogatory information contained within 25 shall be review and resololved within 30 days and prior to a 26 written request for final determination regarding the employee’s 27 continued employment under this contract. 28

The contractor shall maintain all personnel records on site for 29 the duration of the contract and make these records available to 30 the BOP upon request. 31

Waivers 32

If the applicant does not meet the BOP’s current Guidelines and 33 is still a desirable employee, the contractor may request a 34 written waiver to the Guidelines, submitted to the COR, which 35 includes: 36

1) details and circumstances of the applicant’s behavior 37 which is outside the Guidelines; 38

2) reason(s) why the applicant should receive further 39 consideration; and 40

3) availability of other suitable applicants. 41

Other Requirements 1

The contractor shall not employ any individual who has a 2 misdemeanor conviction of domestic violence (by nature or 3 definition) or a felony conviction. 4

The contractor shall not employ any individual who is not a U.S. 5 citizen unless otherwise approved by the CO. Citizens of the 6 United States include those who were: born in the United States 7 (the fifty states, District of Columbia, Puerto Rico, Guam 8 (since 1950) or the United States Virgin Islands); born outside 9 the United States to parents who are citizens of the United 10 States, one of which was physically present in the United States 11 or one of its outlying possessions for a continuous period of 12 one year at any time prior to the birth of the person (in some 13 situations only one person has to be a citizen); naturalized as 14 a U.S. citizen; or otherwise granted citizenship under 15 authorities described in law, beginning at 8 USC 1401. For non-16 citizen applicants of subcontractors, the contractor must seek 17 approval from the CO. Non-citizen applicants of subcontractors 18 must be citizens of an allied nation (see 19 http://www.state.gov/s/l/treaty/collectivedefense/index.htm). 20

All applicants or subcontractors (U.S. citizen or otherwise) 21 must have, immediately prior to applying for a position: 22

1) resided in the United States three of the past five 23 years; 24

2) worked for the United States overseas in a federal or 25 military capacity; or 26

3) been a dependent of a federal or military employee 27 serving overseas. 28

The CO has final approval authority for non-citizen and non-29 residency employment for all potential employees and 30 subcontractors. 31

The contractor shall maintain verification of training and 32 experience which shall include credentials for all professional 33 staff. All credentials shall be kept current and maintained for 34 the duration of the individual’s performance under the contract. 35

A minimum of 5% of the overall staff complement must have 36 sufficient Spanish language skills to understand and make 37 oneself understood. At a minimum, 50% of the Intelligence staff 38 must have sufficient Spanish language skills to understand and 39 make oneself understood, and be able to translate Spanish. 40

Employment Agreement 41 http://www.state.gov/s/l/treaty/collectivedefense/index.htm

In the absence of a collective bargaining agreement, the 1 contractor must enter into a written employment agreement with 2 each employee assigned to work at the contractor’s facility. 3 This agreement must provide, in recognition of the public safety 4 requirements for uninterrupted services at the contractor’s 5 facility and in return for adequate consideration, including 6 grievance procedures, the contractor employee agrees not to 7 strike or otherwise interrupt normal operations at the 8 contractor’s facility without giving 30 days advance written 9 notice. 10

The contractor must ensure a contingency plan covering work 11 actions or strikes is developed and maintained in a secure 12 location. 13

In the event the contractor negotiates collective bargaining 14 agreements applicable to the work force under the contract, the 15 contractor must use its best efforts to ensure such agreements 16 contain provisions designed to ensure continuity of services. 17 All such agreements entered into during the contract period of 18 performance should provide grievances and disputes involving the 19 interpretation or application of the agreement will be settled 20 without resorting to strike, lockout or other interruption of 21 normal operations. 22

For this purpose, each collective bargaining agreement should 23 provide an effective grievance procedure with arbitration as its 24 final step unless the parties mutually agree upon some other 25 method of assuring continuity of operations. As part of such 26 agreements, management and labor should agree to cooperate fully 27 with the Federal Mediation and Conciliation Service. The 28 contractor shall include the substance of this clause 29 (paragraph, provision, etc.) in any subcontracts for protective 30 services. 31

Staffing 32

The following are essential personnel with respective minimum 33 qualification requirements and are critical for performance of 34 the contract. The contractor may use other titles. Within 15 35 days of contract award, the contractor shall submit a written 36 request (to include a resume) to the COR for conditional 37 contractor employment approval of the Project Coordinator, 38 Warden(s) and Associate Warden(s). The 15-day period may be 39 extended for the Warden(s) and Associate Warden(s) positions if 40 requested in writing by the contractor and approved by the CO. 41

Project Coordinator – Knowledge and experience within the 1 last five years in planning and executing similar contract 2 requirements as contained within this PWS. 3

Warden(s) – Knowledge of program objectives, policies, 4 procedures and requirements for managing a secure 5 correctional facility. A minimum of ten years’ experience 6 in corrections or related field with experience in the 7 management of a correctional facility at the Associate 8 Warden level or above. 9

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

The essential personnel listed below are critical for the 15 performance of this contract and must have knowledge of program 16 objectives, policies, procedures and requirements specific to 17 their department. A minimum of five years’ experience specific 18 to their department is required. 19

Administrator, Religious Services 20 Case Management Coordinator 21 Chief, Correctional Services 22 Computer Services Manager 23 Correctional Shift Supervisors 24 Facilities Manager/Administrator 25 Food Service Administrator 26 Human Resource Manager 27 Inmate Systems/Records Office Manager 28 Intelligence Officer 29 Medical Services Administrator 30 Quality Control Specialist 31 Safety/Environmental Specialist 32

Additional staff considered as essential personnel are: 34 Physician 35 Psychologist 36 Intelligence Support Staff 37

Any essential personnel, in addition to the approved staffing 39 plan, must meet the respective minimum qualification 40 requirements for the performance of the contract. 41

Any vacancy in an essential position will result in a reduction 1 to the contract price in the amount of the salary and benefits 2 paid for the vacant position from the initial date of vacancy 3 through the Entrance on Duty with no applicable exclusions 4 allowed 5

Subcontractors 7

Full-time Subcontractors: The contractor shall complete steps 8 #1-15, as outlined in Employment Procedures above, for each 9 full-time subcontractor employee. Any full-time subcontractor 10 requiring routine physical access to federally controlled 11 facilities and/or to a federal information system must also have 12 the above PIV, BI and HSPD-12 requirements completed. 13

Part-time Subcontractors: The contractor, at a minimum, shall 14 complete the following for all part-time subcontractors: 15

1) Employment Eligibility Verification (Form I-9); 16

2) Coordinate the process for BOP staff to conduct 17 criminal history checks – NCIC/NLETS. 18

Any part-time subcontractor requiring federal information 19 systems access must also have the HSPD-12 requirements 20 completed. 21

The contractor shall use the BOP’s current Guidelines when 22 determining subcontractor employment. In addition, the 23 contractor shall not hire any subcontractor, full time or part 24 time, who under the following circumstances: knows any person 25 or has any relatives who are currently incarcerated in the 26 facility; has any criminal charges currently pending; or is 27 currently under any incarceration order, probation or court 28 supervision. 29

Subcontractor employees are required to adhere to the 30 contractor’s Standards of Conduct mentioned below. The BOP has 31 the authority to approve all subcontractors who have contact 32 with federal inmates under the terms of this contract. 33

Corporate Staff 34 Any corporate staff member or a representative of the corporate 35 office that may communicate with an inmate or come into contact 36 with an inmate’s records will undergo a minimum of a Background 37 Investigation (BI) and be forwarded to the COR for approval. 38

Emergency Response Staff 1

The contractor shall identify and submit a list of staff who 2 work on a contract other than a BOP contract who may respond in 3 the event of an emergency to the COR for approval on a quarterly 4 basis. In advance of an emergency situation and on an annual 5 basis thereafter, these staff shall receive, at a minimum, an 6 NCIC conducted and cleared by the COR and two hours of training 7 specific to the BOP’s PS 5566.06, CN-1 Use of Force and 8 Application of Restraints, dated 8/29/14. These staff will be 9 granted limited access (not to exceed two weeks) to respond to 10 the institution emergency. Under no circumstances will these 11 staff be used in a position outlined in the approved staffing 12 plan. 13

Volunteers 14

The contractor shall develop written procedures for the use, 15 security and supervision of volunteers. The procedures shall 16 outline record keeping, identification badges and escort 17 protocols. The contractor shall include these procedures in the 18 Personnel Policy Manual. 19

Volunteers must be 18 years old or older. Ex-offenders with at 20 least three years of crime-free conduct after release, or with a 21 favorable report upon completion of probation or parole, may be 22 utilized as volunteers. Volunteers shall not be granted waivers 23 for unescorted status or passes. 24

The contractor shall complete the following for each volunteer 25 working in the facility: 26

1) Full name and personal information (e.g., address, 27 date of birth, driver’s license number and issuing 28 state, social security number); 29

2) Complete and submit FBI fingerprint form (FD-258) via 30 Civil Applicant System (CAS); 31

3) Coordinate the process for BOP staff to conduct 32 criminal history checks – NCIC/NLETS. 33

The contractor, at a minimum, shall review the volunteer’s 34 personal information. The COR will review any criminal 35 background information to determine if the applicant is suitable 36 in accordance with the BOP’s current Guidelines for entrance 37 into the facility. 38

Volunteers are required to adhere to the contractor’s Standards 39 of Conduct mentioned below. The BOP has the authority to 40 approve all volunteers who have contact with federal inmates 1 under the terms of this contract. 2

Standards of Conduct 3

The contractor shall develop written Standards of Conduct on 4 employee conduct, ethics and responsibility. The contractor’s 5 Standards of Conduct shall include those standards defined in 6 Section J. These standards shall be a part of the Personnel 7 Policy Manual. The contractor shall document and ensure all 8 employees review the Standards of Conduct annually. In addition 9 to employees, subcontractors and volunteers are also required to 10 adhere to the Standards of Conduct at all times. Employees, 11 subcontractors and volunteers shall receive Standards of Conduct 12 Training as part of their individual institutional 13 familiarization and annual training. Notices explaining 14 employee’s rights to report misconduct and contact information 15 for all investigative authorities of competent jurisdiction 16 shall be prominently displayed. 17

Allegations of Staff Misconduct 18

The contractor shall refer all allegations of employee, 19 subcontractor or volunteer misconduct. Reportable allegations 20 are defined by the BOP and are located in Section J of the 21 contract. The COR is to be consulted concerning any questions 22 related to reporting procedures. The contractor shall cooperate 23 fully with the cognizant authority in any investigation of 24 alleged misconduct. 25

The contractor shall complete a Referral of Incident for 26 Contract Employees (BP-S774.012) for all Classification 1, 2, 27 and 3 misconduct allegations and send to the BOP Office of 28 Internal Affairs via email to the OIA BOPNet GroupWise mailbox 29 BOP-DIR/Internal Affairs-Referrals. All documentation is to be 30 scanned in .pdf format (Adobe Acrobat) and saved as one file. 31

The contractor (executive staff member or the Intelligence 32 Officer) must immediately telephonically report Classification 1 33 and 2 cases to the BOP OIA when the contractor becomes aware of 34 an allegation of misconduct. Following telephonic notification, 35 the contractor shall complete a Referral of Incident for 36 Contract Employees and send it to the OIA GroupWise mailbox with 37 any predicating information with a copy to the COR no later than 38 the end of the next business day. The contractor shall not 39 investigate Classification 1 or 2 allegations until authorized 40 to do so by OIA. While the contractor may receive telephonic 41 authorization from OIA to initiate an investigation, an 42 authorization form will be provided. 43

The contractor shall initiate an investigation when the 1 contractor becomes aware of an allegation of Classification 3 2 misconduct.