Amendment_001b_Revised_Statement_of_Work.pdf

Section C – STATEMENT OF WORK

1. BACKGROUND

The Bureau of Prisons seeks to obtain certification of compliance with the Prison Rape

Elimination Act (PREA) of 2003 standards for the institutions of the Federal Bureau of Prisons

(BOP).

2. OBJECTIVE

The BOP seeks to obtain certification of compliance with PREA standards for all federal institutions. The BOP and the auditor shall comply with the United States Department of Justice

Final Rule, 28 CFR Part 115, Docket No. OAG-131; RIN 1105-AB34, National Standards to

Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA) of

2003, Prison and Jail Standards (Attachment 1). Every BOP institution must be audited at least once on a three year cycle to demonstrate compliance with PREA standards.

3. PERFORMANCE STANDARDS

An estimated list of facilities in Attachment 2 of the solicitation have been identified for the following:

Base period of PREA Year 2015 - October 1, 2014 – August 19, 2015, Option Year 1: PREA Year 2016 - August 20, 2015 – August 19, 2016, Option Year 2: PREA Year 2017- August 20, 2016 – August 19, 2017, Option Year 3: PREA Year 2018- August 20, 2017 – August 19, 2018, Option Year 4: PREA Year 2019- August 20, 2018 – August 19, 2019.

***** There will be approximately 30-34 PREA Audits each PREA Year. ******

The list is not inclusive and the possibility of additions and any deletions should be considered at all times. In general, Federal Correctional Institutions (FCI’s) will be no more than 4-days on-site with 1 auditor. Federal Prison Camps (FPC’s), Metropolitan Detention Centers (MDC’s), Metropolitan Correctional Centers (MCC’s) and Federal Detention Center’s (FDC’s) will be 3 days on-site with one auditor. United States Penitentiaries (USP’s), Federal Correctional

Complex (FCC’s) and Federal Medical Centers (FMC’s) will be 3 days on-site with 2 auditors.

The Government shall provide the Contractor a list of the actual facilities to be audited if it exercises its right for renewal.

4. TASK TO BE PERFORMED

The contractor shall perform the following:

A. PREA Audit Cycle. Once every three years a PREA auditor will conduct an on-site visit, conduct interviews and review documentation to determine an institution’s compliance with the PREA standards, in accordance with the above PREA law. These on-site visits must occur simultaneously with the American Correctional Association (ACA) on-site audit for each facility. Also, no more than three on-site visits (3 facility locations) will be scheduled during one week Bureau-wide. The BOP will set the schedule for when the

PREA audits will occur. During an institution PREA audit the auditor will audit all PREA standards. These PREA audits will evaluate the facility performance with respect to the

National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape

Elimination Act (PREA), 28 C.F.R. Part 115. The auditor shall have the responsibility and authority to independently observe, assess, review, and report on the BOP’s implementation and compliance with the PREA standards. In order to accurately assess compliance at the federal institutions, the auditor shall: conduct an on-site inspection;

observe programs and activities; interview staff; individually interview a sample of inmates; and conduct detailed reviews of documents and reports. The auditor shall be responsible for independently verifying compliance with the PREA standards for the institutions.

B. Receipt of PREA Documents. Due to the need for review of PREA related documents approximately six weeks prior to the site visit, auditors will receive, maintain in a secure manner, and destroy the documents after 3 years, or until the next audit. The Contracting

Officer’s Representative (COR) will send the PREA related documents to the auditor for review via electronic mail prior to the PREA audit. This will be the process of sending

PREA documents/information to the auditor until the PREA Resource Center establishes a secure link to upload the PREA related documents on the automated system. The BOP will not print and/or copy PREA related documents to a compact disk to be shipped/mailed.

C. Communication with Institutions. Auditors will communicate with institutions through the COR to resolve any findings or issues, and schedule interviews. The auditor is not to contact the institution directly without first making arrangements though the COR.

D. Corrective Action Process. Auditors will submit the Preliminary Report within 30-days of the on-site visit. A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards.

The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The

BOP shall deliver, and the auditor shall review and comment within 10 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. The auditor shall issue his or her final report at the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period.

E. After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action.

F. The Contractor will provide information on the PREA audit program and process, by communicating with the BOP’s Central Office, PREA Audit Manager, for the specific audit.

G. Ensure the academic experience and/or special qualifications of the auditor comply with the requirements of the PREA law. Specifically,

(a) An audit shall be conducted by:

-A member of a correctional monitoring body that is not part of, or under the authority of, the agency (but may be part of, or authorized by, the relevant State or local government);

-A member of an auditing entity such as an inspector general’s or ombudsperson’s office that is external to the agency; or

-Other outside individuals with relevant experience.

(b) All auditors shall be certified by the Department of Justice. The Department of

Justice shall develop and issue procedures regarding the certification process, which shall include training requirements.

(c) No audit may be conducted by an auditor who has received financial compensation from the agency being audited (except for compensation received for conducting prior audits) within the three years prior to the agency’s retention of the auditor.

(d) The agency shall not employ, contract with, or otherwise financially compensate the auditor for three years subsequent to the agency’s retention of the auditor, with the exception of contracting for subsequent audits.

H. Cooperate with the Government, its COR, and staff when seeking guidance pertaining to the application of the PREA audit program. The Contractor shall ensure all facilities are provided any information, manuals, and software required in the implementation of the

PREA audit process.

I. Conform to the requirements of the Freedom of Information Act (5 USC 552) regarding the disclosure of records and information furnished or created in the PREA audit process.

J. Conform to the requirements of the Privacy Act (5 USC 552a) regarding the sampling of inmate or resident records by the Contractor’s PREA Auditor in order to determine compliance with standards. The Contractor’s Auditor will use the information obtained in the record review solely for the purpose of making a determination of the Government’s compliance with standards. The conclusions will be outlined in preliminary and final

PREA Reports, and distributed to the Government. No part of an inmate or resident record will be transferred in a form that is individually identifiable. Further, in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, signed

Consent for Release of Information Forms obtained by the Government are required from individual staff members before any members of the Contractor’s Visiting Committee may examine, at random, Official Personnel Files to measure compliance in various personnel and training areas. At no time will the Contractor release any information to the media without the express consent of the Bureau of Prisons.

K. Public Statements. Except as required or authorized by the PREA auditing standards;

federal, state, or local law; judicial order; this contract; or as permitted by the BOP, the auditor shall not make any oral or written public statements – including, but not limited to, statements to the press, conference presentations, lectures, or articles – with regard: the status of the BOP’s compliance or noncompliance with PREA standards, or any act or omission of the BOP or its staff.

L. Conflict of Interest. The auditor shall not accept employment or provide consulting services that would present a conflict of interest with his or her responsibilities under this contract, with the PREA auditing standards, or with auditor ethical guidance provided by the PREA Resource Center or Department of Justice, including, but not limited to, being employed or retained by the BOP for purposes other than PREA auditing during the three-year period prior to the audit, or during the three-year period subsequent to the audit.

M. Testimony. Except as required or authorized by the terms of this contract, or by permission of the BOP, the auditor shall not testify in any litigation or proceeding with regard to the status of the BOP’s compliance or noncompliance with the PREA auditing standards; or any act or omission of the BOP or its staff, unless otherwise lawfully compelled to do so. If the auditor is lawfully compelled to provide such information, the auditor shall immediately notify the BOP.

5. PROJECT MANAGEMENT AND CONTROL REQUIREMENTS

The Government agrees to observe the PREA standards and correct any criteria for compliance with PREA as identified by the Contractor and meet its responsibilities to the Contractor with reference to the PREA audit process. The Government shall provide the following:

A. Access by the Contractor, staff and designated representatives at all reasonable times to the physical facilities and records of the Government provided that where an individual staff member’s Official Personnel File is requested, and in accordance with Chapter 294, Subchapter 7-3.b., of the Federal Personnel Manual, a signed consent form is obtained by the Government prior to said Contractor’s access.

B. Appointment of a Contracting Officer’s Technical Representative (COTR) who monitors the progress made in the PREA audit process at each facility with the Contractor.

C. Cooperation by the COTR, PREA Audit Managers, and other BOP staff with the

Contractor, PREA Auditors, staff, and designated representatives in the Contractor’s requests for information and records, to ensure continued compliance with the standards.

D. Completion of the steps in the PREA audit process, according to established time tables as stated in the PREA law.

E. Strive at all times to achieve and/or maintain compliance with the PREA standards.

6. REPORTING REQUIREMENTS AND DELIVERABLES

A. Allow the Contractor, in conformity with provisions of law governing disclosure of

Government records and upon advance notice by the contractor to the COTR, to disclose to the public, conclusions and actions with reference to the participation of the Government in the PREA Compliance program.

B. Share with and, as appropriate, forward to the Contractor any and all announcements, news release, and responses to the public media that the Government may make relative to its contractual relationship to the Contractor and participation in the PREA audit process.

C. Auditors will submit the Preliminary Report within 30-days of the on-site visit. A finding of “Does Not Meet Standard” with one or more standards shall trigger a 180-day corrective action period. If the Preliminary Audit Report indicates that corrective action is required, the auditor and the BOP shall work to promptly and jointly develop a corrective action plan toward achieving compliance with all standards. The corrective action plan shall contain a timeline for specific minimal remedial measures the BOP shall take to achieve compliance within a 180-day corrective action period. The BOP shall deliver, and the auditor shall review and comment within 10 calendar days, deliverables provided to the auditor pursuant to the corrective action timeline. The auditor shall issue his or her final report at the conclusion of the 180-day corrective action period, or earlier if compliance has been achieved before the end of the corrective action period. After the 180-day corrective action period ends, the auditor shall issue a final determination as to whether the facility has achieved compliance with those standards requiring corrective action, by submitting a

Final Report. The final report must be submitted within 30 days of the corrective action period end, and must be signed by the auditor. If an auditor would like to request an extension to submit the final report, they must submit their request in writing to the agency.

7. INSPECTION, TEST, AND ACCEPTANCE CRITERIA

The Contractor may conduct, as appropriate, and the Government may permit and cooperate in:

A. In conjunction with reaccreditation or initial accreditation, facilities will also require a

Prison Rape Elimination Act (PREA) audit. This audit will evaluate the facility’s performance with respect to the National Standards to Prevent, Detect, and Respond to

Prison Rape Under the Prison Rape Elimination Act (PREA), 28 C.F.R. Part 115. The

PREA audit will be conducted at the same time as initial accreditation audits or Intensive

Reaccreditation Process (IRP) audits, but will be a separate evaluation based on compliance with the PREA standards.

B. A standards compliance audit by a PREA Auditor appointed by the Contractor to verify the

Self-Evaluation Certification and determine overall levels of compliance with PREA standards.

C. A PREA standards compliance audit by a qualified auditor (s) appointed by the Contractor, and not employed by the Bureau of Prisons, for the purposes of verifying the required minimum levels of compliance with PREA standards and/or verifying compliance with

PREA standards found in non-compliance at the time of the original audit.

D. Visits by the Contractor and/or its designated representatives from time to time, with

30-days advance notice to the COR and facility CEO, to ensure the institution’s continued compliance with the PREA standards to resolve findings of non-compliance within the

180-day corrective action period.

8. TRAVEL AND TRANSPORTATION

The Contractor is responsible for all travel costs and arrangements.

9. OTHER

The proposed contract does not constitute an employer/employee relationship. This contract is for a service performed at a Bureau facility and the following provisions are included:

1) The service is a contractual arrangement and not a personnel appointment;

2) Payment is based on the provision of an end product or the accomplishment of a specific result; Specifically, 50% of the payment will be made upon receipt of the PREA auditor’s

Preliminary Report, and the final 50% of payment will be made upon receipt of the auditor’s Final Report. An invoice will need to be submitted each time for payment.

3) The service does not constitute an employer/employee relationship;

4) The Contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be closely monitored; and

5) The contractor may be terminated by the BOP for good cause to include, among other things, any violation of the PREA standards, federal, state, or local laws, which reasonably calls into question the auditor’s fitness to continue serving as the auditor.