Statement of Work for CNA BRY2.pdf

STATEMENT OF WORK OCCUPATIONAL TRAINING PROGRAM PROVIDER CERTIFIED

NURSING ASSISTANT INSTRUCTION PROGRAM

Subject The Federal Bureau of Prisons (BOP) Field Acquisition, Grand Prairie, Texas intends to make a single award to an indefinite delivery/requirements type contract with firm-fixed unit prices to an accredited institution of higher learning, post-secondary institution, vocational- training or industry-based school for the provision of an Occupational Training Certified Nursing Assistant (CNA) Program for the Federal Prison (FPC) Bryan, located at 1100 Ursuline Street, Bryan, TX 77803, as part of a Sustainability training program. As part of the program, contractor must ensure a partnership with an appropriate local medical facility is secured for inmates to complete all required clinical hours and/or other requirements to sit for licensure examination(s).

General information regarding the Bureau of Prisons (BOP) and its facilities is located at www.bop.gov.

The vocational training program must fall under the contractor’s umbrella of accreditation and lead to transferrable credits resulting in successful completion of the vocational training programs and must qualify the inmates for at least entry-level employment in a specified field upon release. The vocational training program must lead to a college certificate, A.A., A.A.S., or A.S Degree, or a marketable level certification. The contractor will be an accredited entity. The organization’s accreditation will be verified using the US Department of Education Database of Accredited Postsecondary Institutions and Programs (DAPIP) website (https://ope.ed.gov/dapip/#/home) If required for employment, certification tests from outside organizations may be administered to individual inmates upon completion of a specific occupational education program.

The contractor shall not be a self-employed individual or an individual employed by a post-secondary institution, vocational training school, or industry-based school. The contract must between a post-secondary educational institution, junior college, college, vocational training school, or industry-based school.

Background The Federal Bureau of Prisons (BOP) was established in 1930 to provide more progressive and humane care for Federal inmates, to professionalize the prison service, and to ensure consistent and centralized administration.

The Federal prison system is a nationwide system of prisons and detention facilities for the incarceration of persons who have been sentenced to imprisonment for Federal crimes and the detention of persons awaiting trial in Federal court. The defined mission of the BOP is as follows:

It is the mission of the Federal Bureau of Prisons to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.

As an agency under the Executive Branch of the United States Government, the BOP receives an annual appropriation of funds to accomplish its mission. The public trust demands that this annual appropriation be prudently managed. Monies spent to provide education to the inmate population must reflect the agency’s best efforts to obtain cost-effective services, consistent with community standards.

In 1996, the Bureau of Prisons standardized procedures to (1) select and fund new vocational/occupational training programs, (2) select and fund existing vocational/occupational training programs, and (3) update equipment for existing vocational/occupational training programs. The following Bureau of Prisons Program Statements, which are available electronically at www.bop.gov, are applicable to this contract and are incorporated by reference to the same effect as if they were given in full text.

1. Program Statement 5300.21 – Education, Training, and Leisure Time Program Standards.

https://ope.ed.gov/dapip/#/home

2. Program Statement 5353.01 – Occupational Education Programs

3. Program Statement 1237.15 – Information Security

Place of Performance Occupational training instruction will be performed at the Federal Prison Camp Bryan, 1100 Ursuline Ave, Bryan, Texas and/or on site at the post-secondary institution, vocational training, or industry-based school, as determined by the Supervisor of Education.

Schedule Each is defined as one student's tuition for the certification program. The contractor will normally instruct 15 students per year. Number of sessions may be adjusted upon agreement with the Supervisor of Education and the post-secondary institution, vocational training or industry-based school. Courses taken to complete the program will occur 5 days per week, excluding Federal Holidays. Courses may occur between 7:30 a.m.

and 7:30 p.m. Courses usually last 3 hours each and meet 2 times a day. These hours may be adjusted to meet the needs of the institution. For the tuition cost, the contractor will provide a comparable amount of class time to the inmate population comparable to community standards for students who attend the post-secondary institution, vocational training, or industry-based school. The contractor shall not exceed an estimated 35 hours per week.

Due to the nature of the correctional setting, delays in performance of work may be experienced. Such delays may include but are not limited to: inclement weather, electrical or mechanical problems, or other security matters. When contract employees report to the institution but are unable to perform services due to such delays, the contractor will ensure the inmates receive education comparable to community standards. This may be in the form of extra self-study work or make-up sessions, which will be included in the tuition cost. If the contractor fails to provide education comparable to community standards, the Government may seek contractual remedy.

Education Background and Qualifications The instructor will be a post-secondary institution, vocational training school or industry-based school employee with all qualifications required to instruct students in CERTIFIED NURSE ASSISTANT. The contract must be between FPC Bryan and a post-secondary institution, vocational training school or industry-based school that provides training for students to receive industry-recognized certification in CERTIFIED

NURSE ASSISTANT.

The occupational education program must fall under the provider’s umbrella of accreditation and lead to transferrable credits resulting in a college certificate, A.A., A.A.S. or A.S. (Associate’s) degree. Industry-accepted certification is also acceptable. Providers must be accredited by a recognized accrediting agency.

The occupational education program must lead to a college certificate, A.A., A.S., A.A.S. or industry-recognized certificate qualifying inmates for at least an entry-level position of employment. Credits earned from the college certificate, A.A., A.S., or A.A.S. must be transferrable to a four-year college.

Four-year degree programs and programs in liberal arts/general studies are not authorized, although limited and specific courses of a liberal arts/general studies nature may be permitted if directly related to preparation for a specific occupation or vocation.

Supplies and Equipment Textbooks will be provided by the post-secondary institution, vocational training, or industry-based school.

Textbooks will be returned to the post-secondary institution, vocational training, or industry-based school at the end of the coursework. All necessary supplies and classroom materials that the contractor may routinely need shall be provided by the Education Department at the institution, except textbooks. If specific material is necessary for the contractor to provide the required programming, he or she shall forward their request to the Contracting Officer Representative (COR). The contractor shall be expected to account for all material and supplies placed under his or her disposition.

Method of Performance The post-secondary institution, vocational training school or industry-based school will provide instruction for a CERTIFIED NURSE ASSISTANT program in accordance with Bureau of Prisons Program Statement 5353.01, Occupational Education Programs, and Bureau of Prisons Program Statement 5300.21, Education, Training and Leisure Time Program Standards.

20 – 40 percent of the curriculum’s competencies must be hands-on replication of the actual work environment.

Application of hands-on work must be occupational in nature. An institution live work project may be utilized to demonstrate or apply hands-on competencies. Electronic or computer-based simulation does not satisfy the hands-on or live work requirement.

The Supervisor of Education must approve live work projects although inmates will be provided more than enough opportunities for live work at the post-secondary institution, vocational training school or industry-based school as part of the coursework in a program from an accredited source.

As part of the program, contractor must ensure a partnership with an appropriate local medical facility is secured for inmates to complete all required clinical hours and/or other requirements to sit for licensure examination(s).

Marketable programs shall afford inmates the opportunity to gain in demand skills in a specific occupation, industry, or trade. The marketable program must qualify inmate graduates for at least an entry-level position in employment related to CERTIFIED NURSE ASSISTANT. As a precondition of the proposal for the contract, the post-secondary institution, vocational training school or industry-based school shall specify in writing to the Supervisor of Education the position(s) of employment for which inmate graduates will be eligible to apply.

Scope of Performance The Supervisor of Education shall determine the number of enrollments. FPC Bryan will pay tuition per student enrollment as determined by the Supervisor of Education. The VT coordinator will work with the post-secondary institution, vocational training school or industry-based school to provide accurate documentation of the progress of all students.

The post-secondary institution, vocational training school or industry-based school will provide a written curriculum which establishes measurable behavioral objectives and procedures. The curriculum must include clear criteria which establish minimum expectations for program completion, provisions for the assessment of student progress, must identify the hands-on competencies and must require the students to demonstrate them.

The course will include core classes needed to attain a college certificate, an industry-accepted certificate and/or transferable credits toward an Associate in Arts degree (A.A.), an Associate in Science degree (A.S.), or an Associate in Applied Science degree (A.A.S.).

The post-secondary institution, vocational training school or industry-based school shall assist in the recruitment of employers affiliated with the identified occupation to participate in the institution’s mock job fair.

Performance Conditions Award of this contract will result in a contractual arrangement only and is not a personnel appointment;

payment is based on an end product or the accomplishment of a specific result; the service does not constitute an employer/employee relationship; and the post-secondary institution, vocational training school or industry-based school will not be subject to government supervision, except for security-related matters. However, post-secondary institution, vocational training school or industry-based school performance shall be monitored. The contractor shall attend all training required by the Bureau of Prisons for contract workers. The contractor will not be permitted to attend institution meetings, staff recalls or Government training sessions for institution staff.

Performance Period(s):

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA Option Year 1: 13 months from EDOA through 24 months from EDOA Option Year 2: 25 months from EDOA through 36 months from EDOA Option Year 3: 37 months from EDOA through 48 months from EDOA Option Year 4: 49 months from EDOA through 60 months from EDOA

Attire The contractor is expected to wear professional clothing while on duty. The attire worn shall also be appropriate for the correctional environment in which the contract employee will be performing.

Inmate Management Provision of Services will require frequent and unsupervised contact with inmates. The contract employee shall not be responsible for the management of any inmates, other than to ensure inmates involved within the contract's scope of work abide by all rules to ensure their safety and well-being. The successful contractor shall attend the Institution Familiarization Orientation program prior to assuming institution involvement.

Reimbursement to the contactor for the time spent in the institution orientation or other specific security related training will be at the contract rate, prorated hourly. The contractor may, at any time, be removed from the institution at the discretion of the CEO. The contractor is to constantly be aware of security and maintain a professional relationship at all times. Any violation of the institution rules and regulations are to be brought immediately to the attention of any Government employee employed at the institution. The contractor will be required to provide documentation to the COR, or designee, of any infractions of institutional rules and regulations by inmates for proper action. All required reports regarding inmate progress, statistical information, etc. shall be submitted in writing to the Supervisor of Education for review and retention by the Government.

Institution Security The contractor/contract employees shall agree to all regulations prescribed by the institution for the safety, custody and conduct of inmates. The contract employee will be required to operate a system of records as identified for medical treatment documentation and will require adherence to the Privacy Act of 1974. The contract employee will be required to sign in and out of the institution for accountability purposes. A badge will be issued and worn at all times for proper identification. The teacher/instructor will familiarize himself/herself with the Federal Bureau of Prisons Tool Accountability rules and regulations and agrees to abide by the governing rules/regulations.

Non-Personal Services The service is a contractual arrangement and not a personnel appointment. Payment is based on the provision of an end product or the accomplishment of a specific result. Payment will be applied as FAR 12.201, commercial services intended to more closely resemble those customarily used in the commercial marketplace. The service does not constitute an employer/employee relationship. The contractor will not be subject to Government supervision, except for security related matters. However, contractor performance shall be monitored. This contractual agreement does not constitute a personnel appointment. The Supervisor of Education will designate the COR.

By submission of a quote/bid/proposal, the contractor agrees to all the above requirements.

Payment Terms

Payment terms as specified in FAR 52.212-4(g) apply. The post-secondary institution, vocational training school or industry-based school shall provide an invoice to the FPC Bryan Accounting Department which accurately reflects number of students enrolled and the total amount due for tuition. The due date for making an invoice payment by the designated payment office shall be the 30th day after the designated billing office has received a proper invoice, or the government has accepted the services performed by the contractor. The post-secondary institution, vocational training school or industry-based school can, however, offer discount payment terms for prompt payments as specified in block 12 on the SF-1449 form of this solicitation.

Reviews The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP.

Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or COR, whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

Contracting Officer Responsibility Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO) The Contracting Office at FPC Bryan is assigned to be the CAO for a resultant contract. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items 1 through 71; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Ordering Official Task orders may be issued only by the Contracting Officer, Administrative Contracting Officer, or an ordering official for FPC Bryan with an appropriate certificate of appointment. Each task order will identify the services schedule for that period. Orders can be issued orally or electronic commerce methods.

Task orders will take the form of an OF-347 or SF-1449.

Contract Security/Investigative Requirements The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance.

The following investigative procedures may be applied and appropriate forms completed before any Contractor employees are permitted inside an institution:

(1) National Crime Information Center (NCIC) check;

(2) Declaration of Federal Employment (OF-306);

(3) FD-258 (fingerprint check);

(4) Law Enforcement Agency checks;

(5) Vouchering of Employers;

(6) Employment Resume;

(7) Completed Contractor Pre-employment Questionnaire;

(8) Release of Information;

(9) Questionnaire for Sensitive Positions;

(10) Credit Check, if applicable

(11) Urinalysis if applicable;

In addition to the above procedures, Contractor employees must agree to undergo a urinalysis test (for the detection of marijuana and other drug usage). If a test result is positive, the individual(s) shall be excluded, and the Contractor shall provide acceptable replacement personnel subject to the same security requirements.

Before a quote can be considered for award, the Contractor must agree to submit to the all the above security requirements.

Quoters should also note that clause DOJ-03, Personnel Security Requirements For Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report."

Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FPC Bryan.

By submitting a quote for service, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

System of Records Privacy Act Notification: The contract will require contract staff to operate a system of records documentation and will require adherence to the Privacy Act of 1974. The system of records will be maintained in accordance with community standards educational programs for Certification. The contractor and/or staff are not authorized to disclose this or any information pertaining to an inmate to any non-BOP source. Any requests for such information shall be forwarded to the Supervisor of Education for proper disposition.

Schedule of Insurance In accordance with FAR 52.228-5 and 28.307-2, (a) Workers’ compensation and employer’s liability.

Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability. (1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.