Section J Attach 02_Secure Juv. Perf. SummaryTable.pdf

E.2 Performance Summary Table/Secure Juvenile Facility

During contract administration, the Inspection of Services Clause authorizes the Federal Bureau of Prisons to withhold full or partial payment when the Contractor either does not perform or performs inadequately. The following Performance Summary Table gives notice to the Contractor of the amounts that may be withheld for failure to adhere to the contract’s various requirements.

This Performance Summary Table does not create or impose obligations that are binding on the BOP; nor does it limit the BOP’s discretion to withhold more than the specified amount under appropriate circumstances. Moreover, this Performance Summary Table does not change the Statement of Work or expand or modify the Contractor’s obligations under the contract.

PERFORMANCE SUMMARY TABLE

Contract Requirement Vital Functions Encompassed in Contract Requirement

Value

PERFORMANCE SUMMARY TABLE

Safety/Security/Order:

Chapter 4 - Staffing Patterns Chapter 6 – Facility Chapter 7 – Life Safety Chapter 8 – Electrical Safety Chapter 9 – Toxic, Caustic, and Flammable Materials Chapter 10 – Pest Control Chapter 11 – Sanitation and Hygiene Chapter 12 – Security and Control Chapter 20 – Programming of Juveniles Chapter 22 – Escapes, Deaths, and Significant Incidents Chapter 16- Referral and Intake Processing Chapter 19- Case Management

Vital Function # 1 – Provide a safe and adequate living environment for juveniles, according to the applicable accreditation by the American Correctional Association Standards (ACA) in addition to compliance with all local, state, and federal laws and regulations governing sanitation, water, living space, and sleeping.

Vital Function # 2 – Develop emergency response and evacuation procedures and train staff to comply.

Maintain compliance with local fire authority and national codes.

Vital Function # 3 – Provide direct supervision to juveniles 24 hours a day, 12 months a year at a ratio of 1 staff per 8 juveniles during the day and 1 staff per 16 juveniles during sleeping hours.

Vital Function # 4 – Provide each juvenile with a program orientation outlining program expectations, grievance procedures, sanctions, visitation and discipline. Adhere to applicable local, state and federal laws in maintaining juvenile confidential information.

0 to 25% of invoice

Juvenile Care/Services:

Chapter 20 – Programming of Juveniles (resources, chemical dependency, mental health and special supervision portions) Chapter 17 – Services

Vital Function # 1 – Provide nutritious and aesthetic meals in a sanitary manner, which conform to established nutritional guidelines and which meet the juvenile’s medical and religious needs.

Vital Function # 2 – Facilitate personal hygiene by maintaining adequate facilities and supplies.

Vital Function # 3 – Ensure that juveniles have access to qualified medical, mental health and dental care providers for emergency and routine treatment. Establish a suicide prevention program.

0 to 10% of invoice

Programs and Activities:

Chapter 20 – Programming of Juveniles

Vital Function # 1 – Provide 50 hours of quality programming per week per juvenile. Administer complete assessments. Develop individualized treatment plans addressing, medical, mental health, education, religious, vocational training, counseling and independent living preparation.

Vital Function # 2 –Identify and treat chemical dependency and control substance abuse.

Vital Function # 3 – Provide and encourage access to community resources, family, and employment opportunities.

Vital Function # 4 – Maintain adequate physical space for recreational and counseling activities.

0 to 30%

Juvenile Rights/Case Management:

Chapter 16 – Referral and Intake Processing Chapter 20 – Programming of Juveniles (offender financial responsibility portion) Chapter 14 – Juvenile Offender Discipline Chapter 15 – Administrative Remedy Procedures Chapter 23 – Release from Service of Sentence Chapter 22 – Escapes, Deaths, and Significant Incidents Chapter 18- Juvenile Offender Rights

Vital Function # 1 – Ensure that policies and procedures clearly define the differences between a juvenile’s privileges and basic constitutional rights guaranteed by the U.S. Constitution.

Vital Function #2 – Ensure that referral, admission and release procedures comply with federal laws and regulations regarding confidentiality, fingerprinting, photographing and execution of Judgement and Commitment Orders.

Vital Function # 3 – Ensure that “due process” and safeguards are an integral of the disciplinary process including access to grievance procedures.

Vital Function # 4 – Encourage offender responsibility, such as restitution, fines, and other financial obligations.

0 to 25%

Administration/Management:

Chapter 1 – Administration Chapter 3 – Personnel Chapter 5 - Training Chapter 14 - Juvenile Offender Discipline Chapter 17 - Services Chapter 21 – Records and Reports Chapter 26 – Research and Evaluation Chapter 24 – Sexual Abuse/ Assault Prevention and Intervention

Vital Function # 1 – Verify that staff possesses proper qualifications, credentials, and licenses and integrity to perform services to juveniles.

Vital Function # 2 – Formulate, maintain, and review policy, program, and procedural manuals, including but not limited to a comprehensive personnel and training manual.

Vital Function # 3 – Conduct staff development and training, including but not limited to sexual harassment, sexual assault, suicide prevention and intervention and appropriate behavioral intervention i.e. use of force/crisis intervention training.

Vital Function # 4 – Maintain an organized record system and files.

Collect, secure, review, and provide requisite information to appropriate authorized parties.

Vital Function # 5 – Discharge fiscal responsibilities in accordance with generally accepted accounting procedures. Develop budgets and conduct audits.

Vital Function # 6 – Encourage interaction, communication, and cooperation with community and volunteers.

0 to 5%

Quality Control:

Chapter 27 – Inspections

Vital Function # 1 – Implement quality control plan with measurable goals and objectives, which identifies inadequacies in the quality of services provided under the contract.

Outline steps to implement corrective action before services become deficient.

0 to 5% of invoice

Contract Requirement:

The Contract Requirement column lists the contract’s six basic requirements and identifies the chapters of the Statement of Work that fall under each. The column is not exhaustive and the BOP retains the right to withhold funds for nonperformance of obligations that are not explicitly listed in the column or that are implicit in the contract.

Vital Functions:

The Vital Functions column lists the essential tasks that make up each contract requirement.

Failure to perform any aspect of these Vital Functions may justify withholding in accordance with the amounts listed in the Value column.

The Vital Functions column is not exhaustive and withholding may be warranted for failure to perform services that are not expressly enumerated.

The BOP retains the discretion to decide which Vital Function – or Contract Requirement – that a particular task or service falls under for withholding purposes.

Value:

The Value column lists the percentage of the contractor’s monthly invoice that the BOP may withhold for nonperformance of the corresponding contract requirement. For example, if a contractor fails to perform its monthly drug testing duty, which comes under the Programs and Activities Contract Requirement, the BOP may withhold up to 30% of the Contractor’s payment for that month.

The value assigned to each contract requirement reflects the relative importance of that requirement. For example, programming of juveniles is considered the most important obligation and, as a result, has the largest value.

While the Value column sets a general range for withholding funds, it does not prohibit the BOP from exceeding the range and withholding more than the maximum amount. For example, if the Contractor commits an egregious program violation, then the BOP may have to withhold more than 30% of the Contractor’s invoice to account for the reduced value of the services that the Contractor rendered.

In addition, the BOP may aggregate withholdings. That is, if a Contractor consistently fails to comply with the contract, or neglects to remedy deficient performance over a period of months, then the BOP may aggregate the amounts owed for each month and withhold that amount from a single invoice. The aggregate withholding may exceed the range set in the Value column.

For example, the BOP may attempt corrective action for several months and refrain from withholding funds during that period. If that corrective action fails, then the BOP may aggregate the amounts that should have been withheld during that time and deduct it from a single invoice. The BOP does not waive its right to withhold simply because it has opted to pursue other forms of corrective action first.