PREA FY24 PWS final 2 May 2024.pdf

PERFORMANCE WORK STATEMENT (PWS)

Prison Rape Elimination Act (PREA) Audit for the United States Disciplinary Barrack (USDB), the Midwest Joint Regional Correctional Facility (MWJRCF) and the Northwestern Joint Regional Correctional Facility (NWJNRCF)

2 May 2024

1. GENERAL:

1.1. Description of Services/Introduction: This is a non-personal services contract to provide Prison Rape Elimination Act (PREA) audit for Military Correctional facilities at Fort Leavenworth Kansas, to include the United States Disciplinary Barracks (USDB) (Inmate population 375-400), the Midwest Joint Regional Correctional Facility (MWJRCF) (Inmate population 200-250) and the Northwestern Joint Regional Correctional Facility (NWJRCF) (Inmate population 25-50) at Joint Base Lewis McChord, WA. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the services defined in this PWS except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: The Prison Rape Elimination Act of 2003 (PREA; Public Law 108-79), was enacted to address sexual abuse problems in confinement facilities. Major provisions of PREA include the development of standards for detection, prevention, reduction, and punishment for prison rape cases. PREA requires all confinement facilities to collect, and report detailed information regarding sexual victimization of prisoners. The Act applies to public, private and federal institutions that house adult or juvenile offenders. Presidential Memorandum “Implementing the Prison Rape Elimination Act,”, May 17, 2012, directed Department of Defense (DoD) to implement PREA. Directive-type Memorandum (DTM) - 081, “Department of Defense Implementation of the Prison Rape Elimination Act (PREA)”, February 10, 2013, required all Services to develop and implement policy and procedures to satisfy the requirements of PREA. The National Standards to Prevent, Detect, and Respond to Prison Rape (28 C.F.R Part 115) requires facilities to be audited once every three years.

1.3. Objectives: Contractor will be a Department of Justice (DOJ) certified PREA auditor. Contractor will provide proof current DOJ PREA Audit Certification. The contractor will conduct a PREA audit at the USDB, MWJRCF and the NWJRCF in accordance with (IAW) the PREA Prison and Jail Standards. IAW DOJ/PREA requirements the contractor will complete all required work in the Online Auditing System (OAS). Contractor will determine if the audited facility exceeds standards or meets standards. If the facility does not meet standards, the contractor and PREA Coordinator/Compliance Manager will develop a corrective action plan not to exceed 180 days. Upon completion of audit or corrective action plan, the auditor will prepare a final report for the DOJ, the facility head and the PREA compliance manager.

1.4. Scope: The Contractor will provide a PREA Audit to the USDB (Inmate population 375-400) and the MWJRCF (Inmate population 200-250) during the same week (15-19 July 2024) IAW the National Prison PREA Standards and provide a PREA audit to the NWJRCF (Inmate population 25-50) at a later date (week of 9-12 September 2024). The auditor will coordinate with the PREA Coordinator on setting up the schedule for facility interviews and receiving any applicable supporting documents. Post Audit reports will be completed within the required time frame as determined by DOJ.

1.5. Period of Performance: The period of performance shall be for a one-time PREA audit for the USDB (Inmate population 375-400) and the MWJRCF (Inmate population 200-250). Request audit will be conducted during the same week (15-19 July 2024). A onetime PREA audit will be conducted for the NWJRCF (Inmate population 25-50) during the September 2024 timeframe (preferred week 9-12 September 2024).

1.6. General Information:

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-4, Inspection of Services – Fixed-Price).

1.6.1.1 Quality Control Plan: The Contractor shall develop, implement, and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met.

1.6.2. Quality Assurance: The Government will evaluate the contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed IAW the requirements of the contract.

1.6.3. Federal Government Holidays:

holiday falling on Sunday).

with the holiday falling on Sunday).

1.6.4. Hours of Operation: The contractor is responsible for conducting business while the facility is open, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.5. Place of Performance: The work to be performed under this contract will be performed at Fort Leavenworth, Kansas, including the USDB, the MWJRCF, and at Joint Base Lewis McChord, Washington, the NWJRCF.

1.6.6. Security Requirements: Contractor personnel performing work under this contract must have a favorable background investigation to access facility records, which include, Correctional Treatment Files, Military Police Investigation (MPI), and Mental Health Records.

1.6.6.1. Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information, and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.6.2. Key Control: Not Applicable.

1.6.6.3. Lock Combinations: Not applicable.

1.6.6.4. Key-pad Access Control: Not applicable.

1.6.7. Special Qualifications: Auditors must be certified DOJ auditors.

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity IAW Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Government will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of any identified problems. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR monitors all aspects of the PREA audit. The COR is authorized to perform the following functions: assure that the Contractor performs all requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning aspects of the contract. The COR is not authorized to change any of the terms and conditions of the contract.

1.6.10. Key Personnel: Not applicable.

1.6.11. Identification of Contractor Employees: ID badges will be issued by the facility. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for turning in their ID Badges at the end of the business day.

1.6.12. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.13. Contractor Travel: Not Applicable.

1.6.14. Other Direct Costs: Not Applicable.

1.6.15. Organizational Conflict of Interest (OCI): The contracting officer has not identified any OCIs inherent to this requirement. It is the offeror’s responsibility to notify the contracting officer, prior to submission of proposals, if a potential OCI is identified.

1.6.16. Anti-Terrorism (AT) Level I Training: Not applicable

1.6.17. Access and General Protection/Security Policy and Procedures: Not applicable.

1.6.17.1. Contractors Requiring a Common Access Card (CAC): Not applicable.

1.6.17.2. Contractors Not Requiring a CAC but Require Access to a DoD Facility or Installation: Contractor will have a background check completed by the facility.

1.6.18. AT Awareness Training for Contractor Personnel Traveling Overseas: Not applicable.

1.6.19. iWATCH Training: Not applicable.

1.6.20. Access to Government Information Systems: Not applicable.

1.6.21. Operations Security (OPSEC) Standing Operating Procedure (SOP)/Plan: Not applicable.

1.6.22. OPSEC Training: Not applicable.

1.6.23. Information Assurance (IA)/Information Technology (IT) Certification: Not applicable.

1.6.24. Threat Awareness Reporting Program (TARP): Not applicable.

1.6.25. Other Training Requirements: Not applicable.

1.7. Confidentiality: Strict confidentiality shall be maintained regarding personal information relating to any prisoners participating in the PREA audit. Personal notes, and checklists may be reviewed prior to removing from the USDB, MWJRCF or NWJRCF.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.2. Contracting Officer: A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. Contracting Officer’s Representative: An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.5. Deliverable: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. Government Furnished Property (GFP) or Government Property (GP): Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.7. Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.

2.1.8. Physical Security: Actions that prevent the loss or damage of Government property.

2.1.9. Quality Assurance: The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.

2.1.10. Quality Assurance Surveillance Plan: An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.2. Acronyms:

ACC Army Corrections Command AR Army Regulation AT Anti- Terrorism CAC Common Access Card

MWJRCF Midwest Joint Regional Correctional Facility

OAS Online Audit System POC Point of Contact PREA Prison Rape Elimination Act

SOP Standard Operating Procedures

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not applicable

3.2. Facilities: The Government will provide the necessary workspace for up to one contractor/employee to provide the support outlined in the PWS to include desk space, telephones, and other items necessary to maintain an office environment.

3.3. Utilities: The Government will provide all utilities associated with paragraph 3.2 for the contractor’s use in performance of tasks outlined in this PWS. The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4. Equipment: Not applicable

3.5. Materials: The Government will provide All SOPs, policies, records and materials needed to complete the audit.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials: See paragraph 4.1, above.

4.3. Equipment: See paragraph 4.1, above.

5. SPECIFIC TASKS:

5.1. Task 1, Pre-Audit: The contractor shall provide the required services during the pre-audit. Specifically, the contractor shall:

· Coordinate with the Army’s PREA Coordinator for all pre-audit requirements at least six weeks prior to audit.

· Coordinate a timeline for pre-audit documents.

· All pre-audit documents will be reviewed in the PREA OAS.

· Will accomplish all DOJ/PREA requirements in the OAS.

· Coordinate timeline for receiving all pre-audit documents in the OAS. Coordinate any information needed for background checks and travel arraignments, i.e., pickup times.

· Coordinate the number of interviews required for each category so arrangements can be made prior to arrival.

5.1.1. Deliverable: The PREA pre-audit process will be completed IAW DOJ requirements.

5.1.2. Standard: The Government will comply with all timelines provide deliverables back to the contractor, this includes uploading the pre-audit questionnaire into the OAS.

5.2. Task 2, Auditing Services: The contractor shall provide services for auditing the PREA procedures and polices enacted by the USDB, MWJRCF, and the NWJRCF to determine whether the USDB, MWJRCF and the NWJRCF are compliant with National PREA standards for prisons and jails.

· Conduct thorough audit of each facility.

· Use PREA standards.

· All documents and notes retained during the audit will be protected and stored in a safe secure location. Any personally identifiable prisoner information will be redacted prior to leaving the facility.

· Any finding of “does not meet standard” will require a jointly developed corrective action plan not to exceed 180 days.

· Any reports generated post audit will be in IAW DOJ standards.

5.2.1. Deliverable: PREA reports will be completed IAW DOJ timeline and requirements.

5.2.2. Standard: The Government will have ten business days to review the deliverable and provide comments back to the contractor (minor clerical mistakes that are merely a matter of form and not of substance will be noted for correction). The contractor shall submit the final deliverable within DOJ’s required timeline after receiving the Government’s comments. A negative response from the Government within the time specified above constitutes acceptance

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): Not applicable.

7. GENERAL INFORMATION TO ALL CONTRACTORS:

7.1. Army Corrections Command (ACC): ACC includes the United States Disciplinary Barracks (USDB), the Midwest Joint Regional Correctional Facility (MJRCF), and the Northwestern Joint Regional Correctional Facility (NWJRCF). The USDB is a Level III maximum security military prison. The MWJRCF is a Level II medium security military prison. The NWJRCF is a Level 1 minimum security military prison.

7.2. Final Decision Authority: The Commander of ACC serves as the final decision authority on all matters pertaining to all facilities.

7.2.1. Removal and Dismissal: The facility Commanders, may temporarily suspend and/or bar Contractors or Contractor employees from USDB, MWJRCF or NWJRCF facilities for reasonable cause. Reasonable cause includes actual or attempted violations of policies and/or security procedures; and actions the Commander deems may threaten or compromise the security of the correctional facilities, including the results of a Criminal History Background Check.

7.2.1.1. Temporary Suspension: If a Contractor or Contractor employees are temporarily suspended pending review, their access to the facility is denied.

7.3. Rules and Restrictions: Access to and work inside any of the Army’s correctional facilities the below restrictions:

7.3.1. Prison Rape Elimination Act (PREA): All Contractors or Contractor employees shall comply with all REA Regulations, Standing Operating Procedures (SOPs), and policies. Any disclosure of sexual abuse or sexual harassment by inmates or staff on inmates will be reported to the nearest security staff member. The security and safety of all concerned parties shall be paramount.

7.3.2. Physical Security: The Contractor shall submit an employee access roster to the COR. The access roster shall be a list of all Contractor employees to include names, social security numbers, and birth dates. The Contractor shall submit access rosters to the COR at least ten working days before their employees begin work to allow the ACC G6 Office time to conduct Criminal History Background Checks. Criminal History Background Checks will be conducted each time the contract is renewed. The Contractor shall notify the COR in writing a minimum of ten working days in advance to add employees or equipment to the work force. The Contractor shall immediately notify the COR in writing should a Contract employee(s) need to be removed from the work force.

7.3.3.1 Background Checks: The Government reserves the right to deny Contractors or Contractor employees access to the USDB, MWJRCF or the NWJRCF, should the results of a security investigation or Criminal History Background Check determine them a security risk.

7.3.3.1.1. Neither ACC nor the Contractor shall hire or promote anyone who may have contact with inmates, and shall not enlist the services of any sub-contractor or employee who may have had contact with inmates, who –

7.3.3.1.2. Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);

7.3.3.1.3. Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or

7.3.3.1.4. Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph 7.3.3.1.3.

7.3.3.1.5. The Contractors shall not omit material instances of sexual misconduct described in 7.3.3.1.1., 7.3.3.1.2., 7.3.3.1.3., or 7.3.3.1.4. above, nor provide materially false information with respect thereto. Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination.

7.3.3.2. Inspection and Search: All Contractors or Contractor employees, vehicles and materials shall be subject to inspection and search upon entry into and exit from ACC facilities.

7.4. Rules of Conduct: All Contractors or Contractor employees shall read and comply with ACC Policy Letter #9, Standards of Conduct;

7.4.1. Entry and Exit Points: Contractors or Contractor employees shall enter and exit the USDB, MWJRCF or NWJRCF through the Main Entrance.

7.4.2. Badges: Contractors or Contractor employees will either be issued Contractor Badges, or Visitor Badges. The badge shall be worn on the outer garment at all times. Contractors or Contractor employees who lose a badge must immediately report the loss to the Physical Security Officer.

7.4.2.1. Contractor Badges: Contractors or Contractor employees shall sign for Contractor badges when entering and leaving the facility. Contractor Badges requires one form of photo identification.

7.4.2.2. Visitor Badges: Contractors or Contractor, shall report to the main entrance of the facility and provide one form of identification; this must be a photo identification to receive a red numbered badge. All Contractors or Contractor employees who receive a red badge will be escorted at all times while inside either facility.

7.4.3. Conduct Inside the Facilities: Once inside the secure perimeter of the facility, Contractors or Contractor employees shall travel only from the Main Gate entrance to the Contractor’s work site. All Contractors or Contractor employees shall remain at designated work sites. Correctional Specialists will escort Contractors or Contractor employees who require access to additional work sites.

7.4.4. Interaction with Inmates: Contractor or Contractor employees are not permitted to talk with inmates, except as actual work/interviews may require. Contractor or Contractor employees shall not give or accept any items from inmates at any time. If there are problems with inmates, a Correctional Specialist or the Physical Security Officer will be notified.

7.4.5. Contraband Items: The following items are contraband, and Contractor or Contractor employees shall not bring them through the Main Entrance.

· Guns or firearms of any type, and their component parts, including, but not limited to, ammunition clips or magazines.

· Explosives and ammunition.

· Incendiary devices or mechanical or chemical components thereof.

· Knives (including pocketknives).

· Razor blades, or blades of any type.

· Narcotics and nonprescription drugs. This does not include a limited supply of over-the-counter medications (e.g., aspirin, acetaminophen, ibuprofen, cold medicines), stored in their original containers.

· Intoxicants or alcoholic beverages.

· Currency not carried on the person or contained in a purse or handbag accompanying the person.

· Cellular phones and radio transmitters.

· Photographic equipment, including, but not limited to, cameras and film.

· WiFi, Bluetooth, and recording devices, including, but not limited to, MP3 players, iPods, portable hard drives, thumb drives; as well as any headphones and listening devices. Only government purchased memory storage devices may be used on government owned machines and must be approved by the G6 Office.

· Extra clothing not worn at the job site.

· Glass containers.

· Metal fingernail files.

· Metal eating utensils (e.g., forks, spoons, knives).

· Weight-lifting dietary supplements (e.g., creatine). This does not include a limited supply of diet or food items (e.g., Slim Fast).

· Personally owned or retained handcuff keys or picklocks.

· Tobacco of all kinds, including, but not limited to, cigarettes, cigars, cigarillos, and loose tobacco.

· Smoking-related products of all kinds, including, but not limited to, pipes, lighters, matches, e-cigarettes.

· Smokeless tobacco, including, but not limited to, chewing tobacco, snuff, pouches, etc. (even if contained in the mouth).

7.5. Installation Access: The Contractor will be escorted onto the installation by a Government Employee.

7.5.1. Criminal Background Checks: Employees will be subject to National Agency check for personal security clearance. Directorate of Emergency Services (DES) will determine whether an employee's presence is detrimental to security.

7.5.2. Search and Seizure: All Contractor personnel and property are subject to search and seizure upon entering, while on, and leaving the installation. No Contractor employee shall be permitted on the post when such check reveals that their presence would be detrimental to the security of the post or detrimental to the mission of the organization. Removal of employees for any of the reasons stated in this paragraph does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services required under this contract.