NER SOW March 2009.pdf

Revised June 15, 2007 - Revised by Northeast Region on March 27, 2009

Federal Bureau of Prisons

Community Transitional Drug Abuse Treatment and Mental Health Treatment Services

Statement of Work (January 2009)

Revised March 27,2009

Northeast Region

TABLE OF CONTENTS

Listed by Section Number

Purpose and Scope

The Bureau’s Commitment

Cognitive Behavioral Therapy (CBT)

Target Population

Clinical Services

Counseling Services

Treatment Authorization

Initial Meeting

Assessments/Psychiatric Evaluations

Clinical Treatment Plan

Monthly Progress Reports

Clinical Interventions

Termination Report

File Maintenance

Communication

Accountability

Sign-In/Out Log

Partnerships

Administration

Facility Requirements

Agency or Facility Licensure/Certification

Staffing

Contractor Licensure

Background Information

Contractor’s Employee Standards of Conduct

Sexual Abuse Information

Drug Free Workplace

Training

Billing

Bureau Administration of Contract

Bureau Inspections (Monitorings)

Contractor Evaluation Form

Withholding and Reimbursement

Attachments

List of Attachments ...........................Will be forwarded upon award

Transitional Drug Abuse Treatment Statement of Work Page 1

1. PURPOSE AND SCOPE. The purpose of this statement of work (SOW) is to outline the Government's technical requirements for contractors who provide community Transitional Drug Abuse Treatment (TDAT) and mental health services to federal inmates, in the custody of the Bureau of Prisons (Bureau), residing in a residential re-entry center (RRC) and/or placed on home confinement.

On occasion, the U.S. Probation Office may seek to use the same services for inmates under U.S. Probation Office supervision. The Regional Transitional Drug Abuse Treatment Coordinator (T-DATC) must approve these placements. The contract requirements set forth in this document prevail and Bureau personnel remain the primary contract administrators.

The scope includes community TDAT and mental health services for federal inmates nationwide. All services and programs must comply with this SOW;

the U.S. Constitution; all applicable federal, state, and local laws and regulations; applicable Presidential Executive Orders (EO); all applicable case laws, consent decrees, and Court Orders. When a conflict exists and a conclusion cannot be made regarding which standard is more stringent, the Bureau will determine which is appropriate. The contractor must comply with and carry out any applicable changes to Bureau policy, Department of Justice regulations, Congressional mandates, federal law, or EO.

Should the Government invoke such changes, the contractor retains its rights and remedies under the terms and conditions of the contract.

The Bureau reserves the right to enter into negotiations with the contractor to change the conditions or procedures in this SOW and contract.

The Bureau reserves the right to have various staff monitor contract performance. The Bureau reserves the right to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess contract compliance. The Bureau may investigate any incident pertaining to the performance of this contract. The contractor must comply and cooperate with the Bureau on all investigations, monitoring visits, inspections, and inquiries.

The contractor will submit any request for contract changes through the T-DATC to the Contracting Officer (CO) for approval.

(Note: The terms contractor and treatment provider are considered synonymous and are used interchangeably throughout the document.)

2. THE BUREAU’S COMMITMENT. The Bureau is committed to providing quality, evidence-based psychology programs to all inmates in transition to the community in need of these services. Bureau psychology treatment programs are designed on the most recent research and evidence based practices, ensuring effective treatment programs. These evidence-based treatment practice lead to:

• the reduction of inmate misconduct;

• the reduction of inmate misuse of mental health the medical resources;

• the reduction of substance abuse, relapse and recidivism;

• the reduction of criminal activity;

• an increase in the level of the inmate’s compliance with and acceptance of societal norms; and

• an increase in standardized community transition treatment programs.

Transitional Drug Abuse Treatment Statement of Work Page 2

Transition treatment increases the likelihood of treatment success and increases the public’s health and safety.

3. COGNITIVE BEHAVIORAL THERAPY (CBT). The Bureaus’ psychology treatment programs are unified clinical services and activities organized to treat complex psychological and behavioral problems. Therefore, the Bureau has chosen cognitive behavioral therapy (CBT) as its theoretical model. CBT is a proven-effective treatment model with inmate populations. The Bureau seeks community-based treatment providers that adhere to CBT or use a theoretical model compatible with CBT (e.g., Motivational Interviewing, Cognitive Mapping, etc.)

According to the CBT model, a person’s feelings and behaviors are influenced by his or her perceptions and core beliefs. By assisting inmates to perceive events objectively and modify their irrational beliefs, they may become more successful in achieving pro-social goals.

CBT combines different treatment targets and specific conforming behaviors, focusing on an inmate’s:

! core beliefs, ! intermediate beliefs, ! current situation, ! automatic thoughts, and ! the effect these thoughts and beliefs have on an emotional, behavioral and psychological level.

As an example, inmates’ ongoing criminal behavior is conceived, supported, and perpetrated by a set of habitual thinking errors: criminal thinking errors and cognitive thinking errors. By using CBT, the Bureau is able to treat inmates by replacing those thinking errors with pro-social thinking.

Such thinking supports those behaviors that are consistent within the norms of a law-abiding community.

The Bureau has found these objectives mesh well with the traditional individual and/or group therapy, therefore, the contractor must

! have a treatment philosophy and techniques that directly work in conjunction with the identified Bureau program philosophy; and

! have documented experience working with an inmate population and must understand the criminal justice system.

4. TARGET POPULATION. Inmates participating in institution psychology treatment programs:

! Drug Abuse Participants. The Bureau operates a structured drug abuse treatment program to identify inmates in need of substance abuse treatment upon entry and throughout their incarceration.

This multi-pronged treatment delivery system accommodates the entire spectrum of inmates in need of substance abuse programs through the Drug Abuse Education Course, the Non-residential Treatment Program, Residential Drug Abuse Programs (RDAP), Follow-up Treatment in general population and Community Transitional Drug Abuse Treatment (TDAT).

Those inmates who complete the in-prison RDAP are required to

Transitional Drug Abuse Treatment Statement of Work Page 3 participate in community-based treatment to complete the program.

These inmates will ordinarily be referred with clinical documentation, which is a summary of their in-prison treatment experiences, including an American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM), diagnosis, and recommendations from the prison-based clinician.

! Mental Health Treatment. The Bureau has a psychology treatment programs designed to effectively manage and treat mentally ill inmates. Specifically, the programs are designed to reduce psychological symptoms, improve functioning, facilitate institutional adjustment, and reduce incidents of misconduct. An inmate must meet one of the following criteria to be admitted into community-based mental health treatment:

! the inmate must have a major mental illness to include psychotic disorders, mood disorders, anxiety disorders, personality disorders, or significant cognitive impairment based on the DSM, ! the inmate’s functioning is significantly reduced by mental illness or significant cognitive impairment.

REQUIREMENTS CONTRACTOR MUST ADHERE TO:

Clinical Services

5. COUNSELING SERVICES. Counseling sessions should target the inmates’ criminogenic needs, such as antisocial attitudes beliefs to reduce the likelihood of misconduct and recidivism. Counseling sessions should begin as soon as possible after the initial meeting has been completed. The treatment regimen must not exceed a combined total of four hours (8, 30-minute units) of:

! individual (project code 2010), ! group (project code 2020), ! family counseling (project code 2030), ! group family counseling (project code 2040), ! intensive outpatient counseling (project code 2080), ! therapeutic community treatment (project code 1001), ! short-term residential treatment (project code 2001), ! mental health intake assessment and report (project code 5011), ! mental health counseling/Individual Counseling (project code

6010), ! mental health counseling/Group Counseling (6020), ! medication monitoring (project code 6051), ! Psychological evaluation and report (5010), ! psychological testing and report (5020), ! psychiatric evaluation and report (5030), and ! psychotropic medication (6040), or, ! any combination thereof, per week without prior approval of the

Bureau.

NOTE: This contract may not authorize the contractor to provide all Counseling Services listed above. The only services permitted by this contract are the contract line items provided in the Pricing Schedule (see

Transitional Drug Abuse Treatment Statement of Work Page 4

Standard Form 1449, Block 20). Additional services not provided in the Pricing Schedule may be authorized by the Contracting Officer only.

Therapeutic community treatment is for a period not to exceed 180 days.

Short-term residential treatment is for a period not to exceed 90 days.

Each service requires the same monthly progress report reviews by the contractor. Medication monitoring is used to evaluate the efficacy of the medication, laboratory testing, monitoring laboratory test results and making changes to the treatment regimen.

The treatment provider may recommend changes in the authorized services and/or frequency of treatment. The Bureau must authorize any changes to the treatment regimen in advance, including stopping treatment. The government will not reimburse the contractor for services that were not authorized in advance of the services being provided.

6. TREATMENT AUTHORIZATION. The treatment provider will receive a copy of the Treatment Authorization from the T-DATC for each inmate containing information regarding the inmate's placement in the RRC and all clinical material from the inmate’s in-prison experience that is available at the time of the referral. The TDAT Authorization will also provide guidelines for the number of counseling hours and types of services the inmate should receive from the treatment provider.

7. INITIAL MEETING. As soon as possible, but no later than 10 working days of an inmate's arrival in the community, or as soon as possible or within 10 days of receipt of the TDAT Authorization, if received after the inmate's arrival in the community, the treatment provider must meet individually with each inmate. The purpose of the meeting is to acquire the inmate's signature on all appropriate paperwork, conduct an assessment, if authorized, and begin to develop a treatment plan.

The inmate will be held accountable for contacting the treatment provider within three working days after receiving the referral form. However, if the inmate does not contact the treatment provider, the treatment provider must contact the RRC and TDAT office. The contractor and RRC staff also have an obligation to ensure contact is made with the inmate. The treatment provider must notify the TDAT staff via fax using the initial contact form (Attachment 5C), within one working day of the initial meeting to verify that contact was made. At the initial meeting the following should occur:

Bureau Authorization to Release Confidential Information Form: At the initial meeting, and prior to the beginning of any interview or counseling, all inmates must complete a Bureau Authorization to Release Confidential Information Form. The treatment provider will ensure a copy, with all required signatures, is placed in the inmate's treatment file with a copy forwarded to TDAT staff, along with the initial contact form.

Inmates should be informed of the limits of confidentiality during the initial contact. The inmates should be aware that information will be disclosed to U.S. Probation and others with a need to know, Residential Reentry Center staff, for example. Records forwarded to the treatment provider and those developed during the course of treatment are the property of the Bureau of Prisons and are developed at the behest of an institution.

The Privacy Act and the Freedom of Information Act (FOIA) will govern release of the records that inmates may obtain through the Bureau of Prisons

Transitional Drug Abuse Treatment Statement of Work Page 5

FOIA procedures. Treatment agencies will not release treatment documents to inmates unless authorized by Bureau staff to do so.

Informed Consent. At the initial meeting, and prior to the beginning of any interview or counseling, all inmates must complete an Informed Consent Form. The treatment provider is to evaluate the inmate’s competency to give his or her informed consent prior to treatment or to prescribing medication. Competence to give informed consent, means the inmate has a basic understanding of his or her diagnosis or condition and that the treatment being offered is for that condition. It also means the inmate has a basic understanding of the potential benefits, risks and side effects, and the inmate understands what to do in the event of any side-effects. The inmate must understand that he or she has the option not participate in treatment. The inmate must also understand the consequences of his or her failure to participate, such as incentives lost or return to the institution if he or she chooses not to volunteer for treatment while in the community.

The treatment provider will ensure a copy with all required signatures, is placed in the inmate’s treatment file with a copy forwarded to the Bureau, along with the initial contact form.

If the inmate refuses to sign the forms the treatment provider is responsible for stopping the session immediately and notifying Bureau staff.

They should also notify both the RRC staff immediately that the session was stopped and send the inmate back to the RRC. This ensures accountability of the inmate.

Treatment Documentation

8. ASSESSMENTS/PSYCHIATRIC EVALUATIONS. Bureau staff determine if an assessment is needed based on the available material concerning the inmate’s drug abuse treatment and/or mental health history. The assessment report should be forwarded to the TDAT office as soon as possible, but must be forwarded to the TDAT office prior to appearing on the invoice. The assessment report should also be forwarded to the supervising U.S. Probation Office. An assessment must be in narrative form and contain, at a minimum:

! significant background issues pertaining to family, relationships, health, mental health, education, employment, release planning (proposed community housing arrangements), medication, employment and social issues, ! a summary of the inmate’s criminal history, ! a summary of the inmate's involvement with drugs/alcohol ! a summary of the inmate's prior treatment experiences, ! statements documenting any disparity between the inmate’s self report and supporting documentation ! the specific test administered during the evaluation ! a DSM diagnosis, and ! the specific diagnostic impressions and recommendations for treatment.

However, if treatment for the inmate is, or is not indicated, the assessor is to document his or her analysis leading to the decision. In addition, when treatment is indicated all recommended interventions are to be detailed.

Substance Abuse assessment requires this additional information:

Transitional Drug Abuse Treatment Statement of Work Page 6

! the inmate’s involvement with drugs and/or alcohol, and indicated if the inmate’s use was within 12 months prior to the inmate’s arrest on his or her current offense.

Mental Health assessments require this additional information:

! the inmate’s current mental health functioning and status, and

! an assessment of medication compliance, if applicable.

If an assessment is not authorized, an individual session may be authorized to complete an intake screening. The contractor should send the evaluations with the monthly bill; however, the Bureau may direct the contractor to fax the information upon completion. Evaluations should be faxed as soon as possible.

If authorized, the mental health assessment should be completed within five days and must address all the required questions that will be listed on an Attachment. The mental health assessment should include an assessment of current mental health functioning and status. It should also include an assessment of medication compliance, if applicable. If an assessment is not authorized, an individual session may be authorized to complete an intake screening. Mental Health assessment charges will not be reimbursed until the report is received.

9. CLINICAL TREATMENT PLAN. The clinical treatment plan (treatment plan) must be based on the CBT theory. Treatment plans must include goals and activities beyond abiding by RRC rules, employment and treatment attendance. The treatment plan should include goals to eliminate criminality, identify specific criminal thinking errors/patterns and necessary re-entry goals such as enhance family relationships, finances, education, etc. A treatment plan must:

• be individualized and signed by the inmate,

• have a statement of the problems to be addressed,

• identify criminal thinking errors the inmate engages in (Attachment)

• contain measurable, time-bound goals,

• have action/activity steps to achieve those goals, and

• be reviewed and updated to address issues that arise during the course of treatment.

The treatment plan must be based on a formal, documented assessment or intake interview, and clinical information provided by the TDAT staff.

Inmates should be provided with a blank treatment plan prior to the treatment planning session to encourage them to take a proactive role in the development of their individualized plan. The assessment and treatment plan should be sent to TDAT staff as early as possible or with the monthly bill. It must be received no later than the second bill on which the inmate’s name appears.

10. MONTHLY PROGRESS REPORTS (MPRs). The treatment provider must submit information on the progress of all inmates receiving treatment with the monthly bill. At a minimum, the MPRs should contain:

! the inmate’s progress on each individual goal outlined in the treatment plan, Transitional Drug Abuse Treatment Statement of Work Page 7

! each pertinent issues affecting transition into the community, e.g., problems with family integration, spending time with former associates, ! medication compliance, ! reasons for missed appointments, whether excused or unexcused, and

! instances of inappropriate behavior and any corrective action taken.

The MPR may be the contractor's progress notes or similar material, if they address all areas listed above and specifically note progress on all treatment goals. Inmates should be given a written, monthly homework assignment prior to the clinician completing the Monthly Progress Report, which will portray the client’s perception of his or her progress toward goals/objectives and assist the clinician in completing a detailed MPR. The homework assignment must clearly identify that the inmate is reporting on progress or regress toward the established treatment plan goals and be attached to the inmate’s MPR.

Additionally, the agency case notes must reflect that the counselor reviewed the homework assignment and addressed clinical issues with the inmate, criminal thinking errors, etc.

If the inmate is receiving medication monitoring from the contractor, the monthly progress report must include the name of the authorized practitioner who provided the medication monitoring, the date, length of contact, and comments (i.e., adjustment, medication compliance, responsiveness, need for change in medication, etc.) Case notes must document that there is consistency in the treatment approaches and consultation between the substance abuse and mental health staff.

There must be a collaborative effort to ensure that a comprehensive plan is developed to effectively provide services to the dually diagnosed inmate.

11. Clinical Interventions. An inmate may be removed from treatment for disruptive behavior or unsatisfactory progress in treatment. The following behaviors require the treatment provider to document and notify the RRC and the TDAT Staff immediately but not more than 24 hours after an incident, via telephone, of the following:

! actions which disrupt the treatment process of the inmate or other participants, ! ongoing failure to participate, e.g., sleeping, a lack of motivation, failure to complete group work or homework, continued resistance to the therapeutic process, ! non compliance with medication, ! mental health crisis any significant incidents indicating the inmate is in distress, ! illegal behavior, including illicit drug use, ! use of alcohol, ! demonstration of violent behavior (s), including threatening

Transitional Drug Abuse Treatment Statement of Work Page 8 statements, ! contact with victims, and

! unexcused absences from treatment appointments (e.g., tardiness, canceled, rescheduled, or broken appointments).

Inmate Behavior. Showing up for treatment sessions is required. Inmates must demonstrate that they are making satisfactory progress in and benefitting from treatment. Making satisfactory progress and benefitting from treatment will be demonstrated by:

! accepting and acknowledging his or her diagnosis;

! is making a commitment to positive change as evidenced by observation of positive behavior in his or her daily interactions;

! expressing him or herself in group, demonstrating the ability to give and receive appropriate feedback from staff and inmates; and

! is learning or continuing to incorporate treatment concepts

When inmates are failing to make satisfactory progress toward time bound, measurable treatment goals or are disruptive, clinical staff will provide interventions. Those interventions will include:

! meeting with the inmate to discuss his or her behavior and/or lack of progress in treatment

! assigning treatment interventions to reduce or eliminate the behavior and improve treatment progress

! warning the inmate of the consequences of failure to alter his/her behavior

! requiring the inmate to discuss his or her lack of progress, all RRC incident reports (formal and informal) and warning letters from TDAT in group sessions and accept feedback from his peers

! documenting the meeting, intervention and updating the treatment plan

The Bureau has a full range of disciplinary procedures developed for inmates in federal custody. A copy of the Bureau’s Program Statement, Inmate Discipline & Special Housing Unit can be obtained by accessing the Bureau website at www.bop.gov.

12. TERMINATION REPORT. A termination report must be completed for all participants, including failures and removals. The termination report should be in narrative form, include a date the document was completed and address the following:

! diagnosis, ! date(s) of service, ! type of service (individual, group, etc.), Transitional Drug Abuse Treatment Statement of Work Page 9

! presenting problems, ! overall progress on treatment plan, ! modalities of treatment provided, ! response to treatment, ! reentry plan (where does the inmate plan to work, live, etc.)

! medication compliance, if applicable, ! reason for failure or removal, if applicable, ! prognosis, and ! specific recommendations for continued treatment or state that no further treatment is necessary. For example, if monthly individual counseling and weekly group treatment is recommended, the clinician will include clinical impressions and statements as to why there are recommendations for continued treatment and summarize ongoing issues. If there is no recommendation for continued treatment, the clinician will clearly state the rationale for terminating services, beyond the fact that the inmate is releasing from Bureau of Prisons custody. The termination report must be completed and forwarded to the TDAT office and the receiving U.S. Probation Office, ordinarily 15 working days prior to the inmate's release date. TDAT staff will provide the name and address of the U.S. Probation Officer contact. For inmates removed for disciplinary and/or administrative reasons, the termination report must also be sent within 10 working days of the inmate's removal from treatment.

13. FILE MAINTENANCE. All treatment documentation, including assessment/evaluation reports; treatment plans; case notes; monthly progress reports and termination reports, must be typed. The treatment provider must maintain a treatment file for each inmate. Bureau treatment files must be maintained separately from non-Bureau files. The files should be maintained on-site, in a locked file cabinet or secure area.

File material will be organized chronologically. The treatment provider should ensure complete confidentiality of all Bureau treatment records.

Health Insurance and Portability and Accountability Act (HIPPA) is binding on treatment providers and allows federal clients to obtain copies of their existing treatment records with the following exclusions: 1) information that could be a third party at risk, 2) psychotherapy notes, and 3) information that a third party provides on a confidential basis. If any federal client requests information from their file, please contact Bureau staff for permission prior to having the inmate complete a HIPPA Release Form specifying documents they would like copies of, and completing their request. The treatment file should include at a minimum the:

C Treatment Authorization, C Bureau Authorization to Release Confidential Information Form, C Informed Consent Form, C Treatment Provider’s Treatment Contract (if applicable), C Sign-in/Sign-out Log, C Assessment, Transitional Drug Abuse Treatment Statement of Work Page 10

C Treatment Plan, C Case Notes

C Monthly Progress Reports, C In-Prison Clinical Material(if provided), C Termination Report, and

C Chronological Contact Sheet. The chronological contact sheet will document all collateral contacts including contacts with U.S. Probation Officers, RRC staff, TDAT staff and ancillary agencies contacted for inmate services. The chronological sheet will also be used as agency documentation for the dates required paperwork is forwarded to the TDAT Office .

Communication

14. ACCOUNTABILITY. Accountability is part of the treatment process and inmates are to be held responsible for the choices they make. The treatment provider must have a comprehensive inmate accountability program that ensures every inmate is accounted for while at the treatment provider’s facility. Inmates should sign into the facility and document the actual time they arrive and depart the building. The vendor/contractor must submit a weekly treatment schedule, that includes the appointment dates and times for each inmate, to the RRC and TDAT Office no later than Thursday of the week prior to treatment.

15. SIGN-IN/OUT-LOG. The contractor must maintain a sign-in/sign-out log sheet for each federal inmate. The sign-in/out log sheet will document the actual time spent in treatment. The log sheets must be maintained in each inmate’s file and must contain:

C the inmates full name (printed or typed), C the inmates register number, C the session date, C the starting and ending times of the session, C the type of treatment, (i.e., assessment(A), individual(I), etc.)

C and the inmates signature after each session.

These documents will be forwarded with the monthly invoice and reviewed during the monitoring of the contract.

16. PARTNERSHIPS. Strong partnerships between treatment providers, Bureau facilities, Regional Offices, RRC, community corrections staff, U.S.

Probation Officers, and TDAT staff will create an effective support system for inmates and will enhance public safety.

a. Bureau Facilities and Regional Offices. Bureau staff are a valuable resource for the treatment providers when dealing with resistence in the treatment process. Treatment Providers are encouraged to use these

Transitional Drug Abuse Treatment Statement of Work Page 11 resources as needed with permission from the TDAT staff. In addition, treatment providers in the local area of a Federal Institution are encouraged to build a relationship with those institutions. The primary contact should be the institution’s Drug Abuse Treatment Coordinator, with permission from the TDAT staff.

b. RRC Staff. Communication between the treatment provider and RRC staff ensures that continuous inmate accountability and public safety are maintained. As previously stated in 13. Accountability, a weekly treatment schedule must be forwarded to the RRC. A review of each inmate’s progress toward reentry must be held with RRC staff. It is incumbent upon the clinical staff to discuss the inmate’s progress toward complying with RRC rules, including but not limited to the following: securing employment;

paying subsistence; release planning (does the inmate have a residence); how the inmate is using pass time; if the inmate received any incident reports;

how the inmate interacts with RRC staff, medication compliance, etc.

Regular contact (at least monthly) with RRC staff and other involved staff is essential. This may be accomplished through on-site visits to the RRC, RRC staff making on-site visits to the treatment provider or telephone contact. Treatment providers may request to be a member of the RRC’s Community Relations Advisory Board. RRC staff observe the inmate’s daily behavior and can reinforce the importance of the treatment provider’s role.

c. U.S. Probation Office. The treatment provider is strongly encouraged to establish a relationship with the U.S. Probation Office in the district they service. The U.S. Probation Officer often has contact with the inmate’s family and has other pertinent information which may assist the clinician to better serve the inmate. Additionally, the U.S. Probation Officer has a vested interest in the inmate since most inmates are released to a term of probation. Many U.S. Probation Officers have contact with the inmate 90 - 120 days prior to the inmate’s release.

d. Contractor’s Community Network. The contractor should have or demonstrate the ability to establish a community referral network (e.g., housing, medical, educational/vocational, etc.), that supports/complements the inmate’s life circumstance, treatment, and transition to the community.

Through this community referral network, the contractor will have a crisis intervention procedure and strategy in place for emergency referral and evaluation of mentally ill inmates, when the need arises and the inmate cannot be evaluated by the agency’s mental health provider.

Administration

17. FACILITY REQUIREMENTS. The facility will meet all local zoning and fire codes. The contractor will provide, and have on site, documentation indicating necessary legal measures are taken to provide for continuity of service in the event of bankruptcy or incapacitation. The contractor will meet the filing requirements necessary to maintain its legal authority to operate.

The contractor’s proposed site for services must not change without the approval of the Bureau, specifically, the Contracting Officer.

The treatment provider must ensure the counseling location meets the space requirements for the treatment population. The treatment provider will

Transitional Drug Abuse Treatment Statement of Work Page 12 ensure the counseling room allows for confidentiality, are clean, are well-lit, are free from extraneous noise, are furnished with comfortable chairs, and is accessible to the disabled. The intent of this requirement is to ensure the facility has an area conducive to individual or group counseling.

The treatment provider must ensure the facility has a fax machine and Internet is strongly encouraged. If the treatment provider has e-mail capabilities they will not use the Internet to transmit or receive sensitive data or inappropriate information and must adhere to the following guidelines:

! Information subject to the Privacy Act of 1974, (i.e., social security numbers, home addresses and phone numbers, marital status, race, religion, staff performance evaluations, and other personal information recorded in the Official Personnel File of staff or inmate files).

! Information that could be manipulated for personal profit or to hide the unauthorized use of money, equipment, or privileges.

! Investigative data.

! Proprietary data, (e.g., industry programming code or encryption algorithms, information compiled or developed for in-house use only, selected budgetary data, procurement bids, etc.).

! Information to which access is restricted to authorized personnel by law or directive.

! Information critical to the Bureau's operation and mission, (i.e., WITSEC information, lock and key data, gang or organized crime intelligence, and emergency plans).

! Information subject to the Tax Reform Act of 1976, (i.e., personal income tax returns or information extracted from them).

! Grand jury information subject to the Federal Rules of Criminal Procedure, Rule 6(e), Grand Jury Secrecy of Proceedings and Disclosure.

! Information used by automated decision-making systems that have a high potential for financial loss.

! Information that is exempt from the Freedom of Information Act (FOIA), 5 U.S.C. 552a.

! Software or hardware manuals that provide information for system security features.

! Information specifically designated as "Limited Official Use."

! Other information that, if released, might cause harm to any person, adversely affects a federal program, or whose release is prohibited by law or regulation.

18. AGENCY OR FACILITY LICENSURE/CERTIFICATION. All agency/facility providing services must be licensed/certified to provide all services agreed upon in the contract, in the state where the services will be provided. The agency/facility license must be sanctioned by the state authority. Primary contractors in a relationship with a subcontractor must have a valid state license in the state where the services will be provided for all services outlined in the contract.

Transitional Drug Abuse Treatment Statement of Work Page 13

If treatment services will be conducted at the RRC, then the contractor must have a letter from the RRC’s authorized negotiator stating they have permission to use the facility for the length of the contract. Permission must be granted for the entire length of the contract. The space provided by the RRC must be reserved for outpatient drug treatment or mental health services and provide a setting conducive for effective treatment. The RRC must also be licensed by their state to have all services specified in the contract, if required.

19. STAFFING. All new counselors that will be providing services to Bureau inmates must be approved by the Bureau prior to providing services. The contractor should hire adequate staff to meet the requirements set forth in the SOW. The contractor’s program must establish limits on caseload size and group size to ensure effective treatment. Group sessions should not exceed twelve offenders unless Bureau staff have given their permission to increase the size of the group. The contractor must justify the caseload size based on the number of inmates to be served, program design, characteristics and needs of the population served to include gender concerns, and any other factors.

20. CONTRACTOR LICENSURE. The contractor will ensure that all personnel providing direct clinical services to Bureau inmates are appropriately licensed/certified to provide services listed as required by the state authority where the services are being provided. All licenses must be current. Contractors must forward documentation within 90 days of an expired license showing a renewed expiration date or restrict such personnel from providing clinical services to Bureau inmates. The Bureau reserves the right to exclude any clinician who has pending allegations of misconduct or previous disciplinary actions.

If interns or trainees are utilized to provide direct clinical services to Bureau inmates, then they must adhere to all state requirements to conduct such services (i.e., education, experience, and clinical supervision).

Interns or trainees must also be working with a licensed staff member when providing direct services. At no time should direct clinical services be provided to Bureau inmates by personnel not authorized to conduct such services by the state licensing authorities where the services are provided. National or regional certification boards that issue credentials that are not specifically granted authority to license treatment practitioners in a given state cannot be utilized to satisfy the licensing requirement. State license reciprocity agreements are acceptable if the appropriate documentation has been submitted and approved by the state authority (i.e., International Certification and Reciprocity Consortium).

Note: If a state requires a practitioner to obtain a specific license/certification to provide substance abuse treatment services, then this supercedes any other certifications or credentials. A substance abuse specific license/certification is not required if the state where services are provided allows psychologists, licensed social workers, licensed professional counselors, etc. to conduct such services. Ordinarily, clinicians providing substance abuse treatment must have at least one year of experience providing substance abuse treatment.

The contractor must provide regularly scheduled clinical supervision, at least monthly, to staff counseling Bureau inmates. In the case of a subcontractor providing treatment services, the primary contractor must provide a minimum of quarterly on-site supervision visits. Supervision must

Transitional Drug Abuse Treatment Statement of Work Page 14 be conducted and documented by trained supervisory staff (e.g., clinical psychologists, certified treatment counselors, or certified master’s level social worker). The clinical supervision must focus on developing of the clinician as an interpersonally effective clinician. Supervision will include, but is not limited to instruction, supervisor modeling, direct observation of individual and group treatment sessions and intervention by the supervisor in the actual process and feedback. The supervision also includes supervision of the quality of clinical documentation and file maintenance and compliance with Statement of Work requirements.

Occasionally, the supervision may be in the form of a group setting, treatment team meetings, for example. Documentation of these sessions must be maintained by the contractor and must be made available for review by Bureau personnel.

The contractor must have a board certified or board-eligible by the American Board of Psychiatry or the American Osteopathic Board of Neurology and Psychiatry, and/or meets the standards of practice (i.e., academic training, a resident, etc.) established by his/her state’s professional regulatory board. The contractor may have other qualified practitioner (i.e., Physician Assistant, Advanced Practice Registered Nurse Practitioner/Specialist) with prescriptive authority who meet the standards of practice established by his/her state’s professional regulatory board to provide medication monitoring.

21. BACKGROUND INFORMATION. Contract employees must be approved by the Contracting Officers Technical Representative (COTR)before they may work with federal offenders.

The contractor shall submit a person's name and relevant information to the COTR for a background check only after the contractor has determined that this person is appropriate for employment and that this person will work with federal offenders. The contractor shall secure from a person a signed consent form using Attachment A, REQUEST FOR CONTRACT STAFF BACKGROUND INVESTIGATION. The contractor shall require this person to provide complete details of any conviction record or current charges for any violation of law. The intent is to screen applicants to determine their acceptability to work with federal offenders. The information shall include full name, all aliases used, date of birth, state of birth, sex, race, social security number, and previous cities and state(s) of residence. The contractor shall notify this person that a National Crime Information Center/National Law Enforcement Telecommunication System (NCIC/NLETS), fingerprint, criminal records and other appropriate background checks will be processed by the Bureau to verify this information. The contractor shall then submit to the COTR the relevant information, including the signed consent form. This begins the background checks.

This person shall not begin working with federal offenders before clearance is obtained from the COTR. The COTR may grant the person clearance to work with federal offenders after the NCIC/NLETS check is conducted if the results of the check are appropriate.

If the NCIC/NLETS check results in a negative finding, an additional background check may be initiated to include a request for fingerprints from the proposed employee. The COTR may authorize the contractor to obtain fingerprints of their employee and forward the cards to the Bureau. In this instance, the final approval or disapproval by the COTR will follow the COTR's receipt of the

Transitional Drug Abuse Treatment Statement of Work Page 15 fingerprint and/or other background checks.

The contractor shall understand that the granting of final approval shall not occur until after the COTR receives a response(s) from the fingerprint or other background checks and these checks prove to be appropriate.

This action does not prevent, preclude, or bar the withdrawal or termination of any prior clearance or approval by the COTR at any time during the term of the contract.

The contractor shall verify training and experience of all staff. This includes credentials for all professional staff. The contractor shall document the verification in the personnel file and make it available during inspections. The contractor shall voucher potential employees through reference and employment checks. The contractor shall document information regarding reference and employment checks in the employee's personnel file.

There may be occasions when an individual is prohibited to work with Federal inmates by the Bureau but the contractor still wants to request the individual be allowed to work with Federal inmates. The contractor may appeal the decision by submitting, to the Transitional Drug Abuse Treatment Coordinator (T-DATC), written justification why an individual should be approved to work with federal inmates. The T- DATC will review the appeal make a determination to grant the appeal or deny the appeal.

22. CONTRACTOR’S EMPLOYEE STANDARDS OF CONDUCT. The contractor shall develop and use written policy, procedures and practice, herein called Contractor’s Employee Standards of Conduct, for employee conduct, ethics and responsibility. The contractor shall notify its employees of the contractor’s Employee Standards of Conduct.

The contractor shall require all employees to sign an acknowledgment that they have received and understand the contractor’s Employee Standards of Conduct. The acknowledgment shall indicate that the contractor will require all employees to cooperate fully by providing all pertinent information which they may have to any investigative authority. Full cooperation includes truthfully responding to all questions and providing a signed affidavit, if requested. The contractor shall retain a signed copy of this acknowledgment in each of its employees’ personnel files.

Attorneys may not be present or involved in administrative investigations. Attorney involvement includes, but is not limited to;

presence during interviews, review of employee affidavits, and receipt of investigative summaries or documents from the investigative authority. If at any time an investigation uncovers evidence of criminal behavior, the investigation process will immediately stop and appropriate law enforcement officials will be notified.

Investigative authorities include, but are not limited to, investigations conducted by the Department of Justice, (e.g., the Federal Bureau of Investigation, U.S. Marshals Service, Office of the Inspector General, Office of Professional Responsibility, Bureau Office of Internal Affairs, Bureau Special Investigative Agent, Bureau Special Investigative Supervisor, Equal Employment Opportunity Investigator) and others (e.g., Department of Labor, Office of

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Personnel Management, U.S. General Accounting Office), or any other agent or agency the COTR authorizes or directs to conduct an investigation.

a. At a minimum, the Contractor’s Standards of Employee Conduct shall require employees to conduct themselves in accordance with the following standards:

The contractor shall require its employees to conduct themselves professionally and in a manner that creates and maintains respect for the RRC, Bureau, the Department of Justice (DOJ), and the U.S.

Government.

The contractor shall require its employees to avoid any action that might result in, or create the appearance of, adversely affecting the confidence of the public in the integrity of the RRC, Bureau, DOJ and U.S. Government.

The contractor shall require its employees to uphold all ethical rules governing their professions, including complying with applicable licensing authority rules, unless they conflict with legal laws.

The contractor shall prohibit its employees from using or possessing illegal drugs or narcotics. The contractor shall prohibit its employees from abusing any drugs or narcotics. The contractor shall prohibit its employees from using alcoholic beverages and being under the influence of alcohol while on duty, present in the facility, or immediately before reporting for duty. The contractor shall indicate to contractors’ employees that when a contractor’s employee’s blood alcohol content level is 0.02 percent or greater he or she will be considered to be under the influence of alcohol.

The contractor shall prohibit its employees from showing partiality toward, or become emotionally, physically, sexually, or financially involved with offenders, former offenders, or the families of offenders or former offenders. Chaplains, psychologists, and psychiatrists may continue a previously established therapeutic relationship with a former offender in accordance with their respective codes of professional conduct and responsibility.

The contractor shall prohibit its employees from engaging in, or allowing another person to engage in, sexual behavior with an offender. The contractor shall indicate to its employees that regardless of whether force is used or threatened, there can be no “consensual sex” between contractor’s employees and offenders. The contractor shall prohibit its employees from offering or giving an offender or a former offender or any member of an offender’s 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 contractor’s employee's duties. The contractor shall prohibit its employees from accepting 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. The contractor’s Standards of Employee Conduct, will clearly state that this staff prohibition includes any involvement with an offender’s family members or any known associates of an offender. The contractor shall prohibit its employees from showing

Transitional Drug Abuse Treatment Statement of Work Page 17 favoritism or give preferential treatment to one offender, or a group of offenders, over another offender.

The contractor shall prohibit its employees from using profane, obscene, or otherwise abusive language when communicating with offenders, fellow employees, or others. The contractor shall require its employees to conduct themselves in a manner that is not demeaning to offenders, fellow employees, or others.

The contractor shall require its employees to remain fully alert and attentive during duty hours.

The contractor shall prohibit its employees from having 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 the program and a part of the its employee's job description.

The contractor shall prohibit its employees from engaging in any conduct that is criminal in nature or which would bring discredit upon the Bureau, DOJ or U.S. Government. The contractor shall require its employees to conduct themselves in a manner that is above reproach. The contractor shall require its employees to obey, not only the letter of the law, but also the spirit of the law while engaged in personal or official activities. The contractor shall require its employees charged with, arrested for, or convicted of any felony or misdemeanor, to immediately inform and provide a written report to the facility director.