New Memo Form by vps11289


									                                         U.S. Department of Justice

                                         Federal Bureau of Prisons

                                          Washington, DC 20534

                                          May 5, 2008

To All Interested Parties:

The United States Department of Justice, Federal Bureau of Prisons (BOP) is
issuing a Request for Proposals (RFP) for the management and operation of an
existing correctional facility to house approximately 4,000 low security,
adult male inmates, that are primarily non-United States citizens. This
requirement will be fulfilled through awards resulting from this solicitation
and RFP-PCC-0012. Either solicitation may result in awards up to 3,000 beds;
however, the combined resulting awards from both solicitations will not exceed
a maximum award of 4,000 beds. The inmates shall be housed in a secure
correctional institution or institutions located in the continental United
States. Faith-based and Community-based organizations can submit offers
equally with other organizations for contracts for which they are eligible.

Potential offerors must submit all potential places of performance to be
proposed to the Contracting Officer by May 14, 2008. This information is
required in advance of submitting proposals so that the Contracting Officer
can request Service Contract Act Wage Determinations for all places of
performance. The wage determinations will be incorporated into the

Please complete the document entitled, “Offeror’s Intent to Propose,” located
in Section J of the RFP, and forward it to the Contracting Officer at the
address provided by the indicated due date.

An opportunity to ask questions and receive clarifications will be provided at
a Pre-Proposal Conference on Wednesday, May 21, 2008 at 1:00 pm. The
conference will be located at the BOP, 400 First Street, NW, Washington, DC
20534. If you wish to attend the conference, advance notification of your
attendance is required. Attendance notification and all questions pertaining
to this solicitation, including those to be addressed at the conference, must
be submitted in writing, via email, by May 14, 2008 to Amanda Pennel at

All potential offerors are advised that this solicitation includes the clause
52.204-7, Central Contractor Registration (CCR)(July 2006). This clause
requires that all contractors doing business with the Federal Government after
September 30, 2003 be registered in the CCR database. Offerors should include
their Data Universal Number System (DUNS) number in their offers on the
Standard Form (SF) 33. The Contracting Officer will verify registration in
the CCR database prior to award by entering the potential awardee’s DUNS
number into the CCR database. Failure to complete the registration procedures
outlined in this clause may result in elimination from consideration for

Proposals must be received by 2:00PM Eastern Time on June 30, 2008, unless
otherwise amended in writing by the Contracting Officer. If you have any
questions, please feel free to contact Amanda Pennel, Contracting Officer, via
email at

Amanda Pennel
Contracting Officer


                    PART I - THE SCHEDULE


                    SERVICES AND PRICES/COSTS

Each contract resulting from this solicitation will be a fixed-
price type contract for services incorporating an award-fee
incentive. At the sole discretion of the Government, an
award-fee may be issued to the contractor in recognition of
quality performance as outlined in Section J.

The period of performance for any contract which the Government
may award under the terms and conditions of this RFP will be for
a four-year base period, with three two-year option periods.

                      PRICING INSTRUCTIONS

Offerors must submit offer(s) for the total four-year base period
and three two-year option periods.

In the event funds are not available after the first, second,
third or fourth year of the base period or after the first year
of any of the two-year option periods, the Government reserves
the right to cancel the contract in accordance with FAR 52.217-2,
Cancellation Under Multiyear Contracts.

In the event the contract is cancelled after the first year of
the base period because funds are not available, the contractor
will be compensated in accordance with FAR 52.217-2, Cancellation
Under Multiyear Contracts, up to the cancellation ceilings set
forth below. Ceilings exclude amounts for requirements included
in prior years:

    Base Year 2 - 30% of the non-recurring allowable costs for
    the remaining Base Period.

    Base Year 3 - 15% of the non-recurring allowable costs for
    the remaining Base Period.

    Base Year 4 - 7.5% of the non-recurring allowable costs for
    the remaining Base Period.

                      RFP-PCC-0013 Page 2
In the event the contract is cancelled during an option period
because funds are not available, the contractor will be
compensated for the second year of the option period in
accordance with FAR 52.217-2, Cancellation Under Multiyear
Contracts, up to the following cancellation ceiling: 7.5% of the
second year of that option period price.

                        PRICING SCHEDULES

For purposes of price evaluation and according to the above
instructions, offerors must enter their proposed prices on the
following attached Pricing Schedules.

Contractors proposing a newly constructed facility, shall use
pricing form A only.

Contractors proposing an existing facility that will be expanded
shall use pricing form B only.

The contractor will be required to house a daily population up to
15% over the 100% of the base number of contract beds. The
contract requirement found in Section C regarding a minimum 10%
segregation capacity of the 100% accepted contract beds, is not
included in the 100% population total.

For example:

If the Accepted Contract Beds (100%) = 1,000 beds

Then, the Maximum Number of Beds (115%) = 1,150 beds
(15% Additional Beds (150) is composed of the number of
Segregation Beds + Accepted Contract Beds)

Segregation Beds (10% of the Accepted Contract Beds) = 100 beds
Other Beds (Additional Beds - Segregation Beds) = 50 Beds

Maximum Number of Beds (115%) = Accepted Contract Beds +
Segregation Beds + Other Beds

     <    Four-Year Base Period - For the Base Period, offerors
          must submit:

               (1)   a Monthly Ramp Up Price;

               (2)   a Monthly Operating Price (MOP);

               (3)   a Fixed Incremental Unit Price (FIUP); and

                        RFP-PCC-0013 Page 3
               (4)   an Annual Operating Price (AOP)for each year
                     of the base periods, combining the MOP and
                     the FIUP (calculations should be based on a
                     daily population of 115% of contract beds).

     <    Two-Year Option Periods - Offerors must submit:

               (1)   a Monthly Operating Price (MOP);

               (2)   a Fixed Incremental Unit Price (FIUP); and

               (3)   an Annual Operating Price (AOP)for each year
                     of the base periods, combining the MOP and
                     the FIUP (calculations should be based on a
                     daily population of 115% of contract beds).

Monthly Ramp Up Price - The Monthly Ramp Up Price (MRP) applies
when the average number of inmates housed in a monthly payment
period does not exceed 50% of 100% contract beds. Once the
population reaches 51% or higher of the 100% contract beds during
a monthly payment period the MRP shall be considered expired for
the remainder of the contract. The MOP becomes effective after
the expiration of the MRP.

     <    Monthly Operating Price (MOP) - The MOP will apply
          after the Ramp Up Period when the average number of
          inmates housed in a monthly payment period exceeds 51%
          of 100% contract beds.

     <    Fixed Incremental Unit Price (FIUP) - Depending on the
          pricing structure of the awarded contract, the FIUP is
          the unit price per inmate day that will apply when the
          average number of inmates housed in a monthly payment
          period exceeds 90% of 100% contract beds.

Payment - Monthly payments will begin after Notice to Proceed is
issued and inmates begin entering the institution. Notice to
Proceed will take effect on the first day of a calendar month.

                        RFP-PCC-0013 Page 4
                                     FORM A
Note: Offerors shall use this form only if proposing a newly constructed

           OFFEROR:              LOCATION:
          90% CONTRACT BEDS: Number of Contract Beds___________
          100% CONTRACT BEDS: Number of Contract Beds__________
         115% CONTRACT BEDS: Number of Contract Beds___________
   FIUP will apply when the average number of inmates, in a monthly payment period,
 exceeds 90% of the contract beds (See FIUP calculation explanation, page 9)

BASE YEAR #1 (12 MONTHS)(includes Ramp Up Price)
 Inmates up to (50%)        (50%+1) Inmates to(90%)        (90%+1) Inmates (115%)

Monthly Ramp Up Price       Monthly Operating Price        Fixed Incremental Unit Price
(Estimated 3 months):       (MOP)(Estimated 9 months):     (FIUP) Per Inmate Day:
$               Per month   $                  Per month   $                   Per day

Total Price/AOP (Ramp Up X 3 Months)+(MOP X 9 Months)+(FIUP to 115%):$

FIUP Can only apply to the nine month period and should be calculated as such.

Inmates up to(90%)                         (90%+1)Inmates up to (115%)

Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $

Total Price/AOP (MOP x 12 Months)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)

Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Per Day:
$                                           $

Total Price/AOP (MOP x 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)

Monthly Operating Price
(MOP):                                      Fixed Incremental Unit Price (FIUP)
$                                           Price Per Inmate Day:

Total Price/AOP (MOP x 12)+(FIUP to 115%): $

                                RFP-PCC-0013 Page 5
                             FORM A continuation
Note: Offerors shall use this form only if proposing a newly constructed

           OFFEROR:              LOCATION:
         90% PRICING SCHEDULE (cont. page)- OPTION PERIODS
Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                         (90%+1)Inmates up to (115%)
Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
(MOP):                                     Per Inmate Day:
$                                          $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

                               RFP-PCC-0013 Page 6
                                       FORM B
Note: Offerors shall use this form only if proposing an existing facility that will be
                OFFEROR:              LOCATION:
           90% CONTRACT BEDS: Number of Contract Beds___________
           100% CONTRACT BEDS: Number of Contract Beds__________
          115% CONTRACT BEDS: Number of Contract Beds___________

           90% CONTRACT BEDS: Number of Contract Beds___________
           100% CONTRACT BEDS: Number of Contract Beds__________
          115% CONTRACT BEDS: Number of Contract Beds___________
FIUP will apply when the average number of inmates, in a monthly payment period,
exceeds 90% of the contract beds(See FIUP Calculation Explanation, Page 9)

 BASE YEAR #1 (12 MONTHS)(includes Ramp Up Price)
 Pre Construction Period:   Inmates up to(90%)             (90%+1) Inmates (115%)
 (300 calender days est.
 10 months):                Monthly Operating Price        Fixed Incremental Unit Price
 $               Ramp up    (MOP)(Post construction est.   (FIUP) Per Inmate Day:
 to 50% population, Per     2 months):                     $                   Per day
 month ( 3 Months est)      $                  Per month
                                                           FIUP shall not apply to the
 $               Monthly                                   first 3 months of Ramp-up
 Operating Price (MOP)( 7
 Months est)

 Total Price/AOP (10 Months pre construction)+ (7 months FIUP up to 115%) + (2 months
 post construction) + (2 months FIUP to 115%):$

 Inmates up to(90%)                        (90%+1)Inmates up to (115%)

 Monthly Operating Price                   Fixed Incremental Unit Price (FIUP)
 (MOP):                                    Per Inmate Day:
 $                                         $

 Total Price/AOP (MOP x 12 Months)+(FIUP to 115%): $

 Inmates up to(90%)                         (90%+1)Inmates up to (115%)

 Monthly Operating Price                    Fixed Incremental Unit Price (FIUP)
 (MOP):                                     Per Inmate Per Day:
 $                                          $

 Total Price/AOP (MOP x 12)+(FIUP to 115%): $

 Inmates up to(90%)                         (90%+1)Inmates up to (115%)

 Monthly Operating Price
 (MOP):                                     Fixed Incremental Unit Price (FIUP)
 $                                          Price Per Inmate Day:

 Total Price/AOP (MOP x 12)+(FIUP to 115%): $

                                RFP-PCC-0013 Page 7
                             FORM B continuation
Note: Offerors shall use this form only if proposing an existing facility that will be

            OFFEROR:                       LOCATION:
Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

Inmates up to(90%)                          (90%+1)Inmates up to (115%)
Monthly Operating Price                     Fixed Incremental Unit Price (FIUP)
(MOP):                                      Per Inmate Day:
$                                           $ ______________________________

Total Price/AOP (MOP X 12)+(FIUP to 115%): $

                               RFP-PCC-0013 Page 8
              Explanation for Calculation of FIUP total:
(Fixed Incremental Unit Price per inmate) X (# of inmates above 90% to
                      115% contract beds) X (365)

 First, figure     the number of inmates for the FIUP. For 1,000 contract
  beds offered    at 100%, in the 90% schedule, the FIUP percentage up to
 115% would be     250 contract beds (1150 - 900). If the FIUP per inmate
    day is $10,    then the FIUP for one year would be $10 X 250 X 365 =

If discrepancies exist between the unit prices, including the FIUP, and
           the total prices, the unit prices will govern.

                             RFP-PCC-0013 Page 9

                                SECTION C

                           STATEMENT OF WORK

                             Table of Contents

1    INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . .                    11

2    EXPLANATION OF STATEMENT OF WORK TERMS. . . . . . . . . . . .                    14

 5        A. Contract Performance.. . . . . . .   .   .   .   .   .   .   .   .   .   18
 6        B. General Administration.. . . . . .   .   .   .   .   .   .   .   .   .   18
 7        C. Fiscal Management. . . . . . . . .   .   .   .   .   .   .   .   .   .   21
 8        D. Personnel. . . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   23
 9        E. Training and Staff Development.. .   .   .   .   .   .   .   .   .   .   32
10        F. Case Records.. . . . . . . . . . .   .   .   .   .   .   .   .   .   .   34
11        G. Information Systems and Research..   .   .   .   .   .   .   .   .   .   36
12        H. Physical Plant.. . . . . . . . . .   .   .   .   .   .   .   .   .   .   39
13        I. Security and Control.. . . . . . .   .   .   .   .   .   .   .   .   .   42
14        J. Discipline.. . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   46
15        K. Inmate Rights. . . . . . . . . . .   .   .   .   .   .   .   .   .   .   46
16        L. Reception and Orientation. . . . .   .   .   .   .   .   .   .   .   .   47
17        M. Classification.. . . . . . . . . .   .   .   .   .   .   .   .   .   .   48
18        N. Health Care. . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   50
19        O. Work and Correctional Industries..   .   .   .   .   .   .   .   .   .   56
20        P. Academic and Vocational Education.   .   .   .   .   .   .   .   .   .   56
21        Q. Recreation and Activities. . . . .   .   .   .   .   .   .   .   .   .   57
22        R. Telephone .. . . . . . . . . . . .   .   .   .   .   .   .   .   .   .   57


                           RFP-PCC-0013 Page 10

2    This Statement of Work (SOW) sets forth the contract performance
3    requirements for the management and operation of a contract
4    correctional institution(s) to accommodate up to 4,000 beds for a
5    low security adult male population consisting primarily of
6    criminal aliens. The criminal alien population will ordinarily
7    be low security non-U.S. citizen, primarily Mexican, adult males
8    with 90 months or less remaining to serve on their sentences.

 9   The proposed facility(ies) must be a newly constructed
10   institution or an existing institution with expansion to
11   accommodate approximately 900-2,500 beds on a daily basis. The
12   proposed facility(ies) may be located anywhere in the continental
13   United States. The institution shall include a Special Housing
14   Unit (SHU) with a capacity of at least 10% of the accepted number
15   of contract beds. The contractor will be required to house a
16   daily population up to 15% over the accepted number of contract
17   beds.
19   The contractor shall ensure the facility operates in a manner
20   consistent with the mission of the Bureau of Prisons (BOP). The
21   BOP's mission is the protection of society by confining offenders
22   in the controlled environments of prisons and community-based
23   facilities which are safe, humane, cost efficient, appropriately
24   secure and provide work and other self-improvement opportunities
25   to assist inmates in becoming law abiding citizens.

26   The contractor must be ready to receive Notice to Proceed (NTP)
27   as indicated below:

28   1.   For Existing facilities with expansion:

29        a)    120 calendar days after contract award for the existing
30              beds

31        b)    300 calendar days after contract award for the
32              additional beds resulting from the expansion

33   2.   For new construction:

34        a)    425 calendar days after contract award

35   NTP may occur earlier at the written request of the contractor
36   but only if the BOP determines the contractor is capable of
37   accepting inmates.

                            RFP-PCC-0013 Page 11
1    Prior to issuance of the NTP, the BOP will perform numerous
2    assessments to ensure the contractor is prepared to accept
3    responsibility for performing all requirements of the contract.

4    The contractor shall notify the CO in writing when it is ready to
5    accept inmates and assume full responsibility for the operation,
6    maintenance and security of the institution 30 days prior to the
7    contractor’s expected NTP date.

 8   Unless otherwise specified, all plans, policies and procedures,
 9   including those identified in the most current edition of
10   American Correctional Association Standards for Adult
11   Correctional Institutions (ACA/ACI Standards), shall be developed
12   by the contractor and submitted in writing to the Contracting
13   Officer’s Representative (COR) for review and concurrence prior
14   to issuance of the NTP. Once concurrence has been granted, these
15   plans, policies and procedures shall not be modified without the
16   prior written concurrence of the COR.

17   The NTP will be issued subsequent to receiving the contractor’s
18   notification it is prepared to receive inmates and the BOP’s sole
19   determination the contractor is capable of accepting inmates.
20   The contractor shall be prepared to accept inmates immediately
21   upon issuance of the NTP.

22   It is anticipated the BOP will predominantly designate non-U.S.
23   citizens with deportation orders to the institution. However,
24   the BOP may designate any inmate within its custody utilizing the
25   same designation criteria as used at other BOP low security
26   facilities. P.S. 5100.08, Inmate Security Designation and
27   Custody Classification, dated 9/12/06, outlines the procedures
28   for designating inmates.

29   Inmate movement to the institution is anticipated to occur at an
30   estimated rate of 80 inmates per week. The estimated weekly
31   movement to the institution would result in a population of
32   approximately 950-2,500 inmates in 12-50 weeks. The institution
33   activation schedule of 80 inmates per week is an estimate only.
34   Actual movement will depend upon many factors, including, but not
35   limited to, the contractor's ability to provide services in
36   accordance with the contract, sentencing by the federal courts
37   and the BOP designation process.

38   The contractor does not have a right of refusal and shall accept
39   all designations from the BOP.

40   The contractor is prohibited from constructing any additional bed
41   space or facilities at the contract location after award without

                           RFP-PCC-0013 Page 12
1   the prior written approval of the CO.

2   The contractor shall furnish all personnel, management,
3   equipment, supplies and services necessary for performance of all
4   aspects of the contract. Unless explicitly stated otherwise, the
5   contractor is responsible for all costs associated with and
6   incurred as part of providing the services outlined in this
7   contract.

                          RFP-PCC-0013 Page 13

2    ACA/ACI - American Correctional Association - Adult Correctional
3    Institution. The private, nonprofit organization that
4    administers the only national accreditation program for all
5    components of adult and juvenile corrections. Its purpose is to
6    promote improvement in the management of correctional agencies
7    through the administration of a voluntary accreditation program
8    and the ongoing development and revision of relevant, useful
9    standards.

10   BOP - Federal Bureau of Prisons.

11   CO - Contracting Officer. A Government employee, who by virtue
12   of a Contracting Officer’s Warrant, is the only Government
13   employee authorized to obligate, negotiate, award, administer,
14   cancel or terminate contracts on behalf of the United States
15   Government. Contracting officers are responsible for ensuring
16   performance of all necessary actions for effective contracting,
17   for ensuring compliance with the terms of the contract, and for
18   safeguarding the interest of the Government in its contractual
19   relationships.

20   Contract Award Date - The date the CO signs the contract.

21   Contract Day - A “day” is considered a calendar day.

22   Contractor - The entity to whom the Government has awarded the
23   contract.
25   COR - Contracting Officer's Representative. The Government
26   employee, designated in writing by the CO, authorized to perform
27   certain limited functions on behalf of the CO. The extent of COR
28   responsibilities are outlined in Section G of the contract and
29   the COR Designation Letter which will be provided to the
30   contractor. Typically, the COR is the Privatization Field
31   Administrator.
33   COTR - Contracting Officer's Technical Representative.
34   Government staff, designated in writing by the CO, who assist the
35   CO and COR in the performance of duties. The extent of COTR
36   responsibilities are outlined in Section G of the contract. COTR
37   responsibilities are delineated in writing by the CO and will be
38   provided to the contractor. Typically, the COTR is the Senior
39   Secure Institution Manager.

40   Credentials - Documents permitting primary source verification
41   regarding qualifications, including education, training,

                           RFP-PCC-0013 Page 14
1    licensor, experience and board certification of an employee.

2    DHO - Discipline Hearing Officer. The Government trained and
3    certified contractor employee responsible for conducting
4    disciplinary hearings.

5    DOJ - Department of Justice.

 6   Emergency - Any significant disruption of normal institution
 7   procedure, policy or activity caused by inmate disturbances, work
 8   or food strikes, food borne illnesses, escapes, fires, natural
 9   disasters, employee strikes or work stoppages or other serious
10   incidents.

11   EOIR - Executive Office for Immigration Review. A component of
12   the Department of Justice with responsibility for interpreting
13   and administering federal immigration law by conducting
14   immigration court proceedings, appellate reviews and
15   administrative hearings. The organization adjudicates
16   immigration cases involving detained aliens, criminal aliens and
17   aliens seeking asylum as a form of relief from removal.

18   FBI - Federal Bureau of Investigation.

19   FOIA Exempt - Information which is exempt from release under the
20   Freedom of Information Act, 5 United States Code (USC) 552.

21   Former Inmate - A person who has been found guilty of committing
22   a felony or misdemeanor for whom less than one year has elapsed
23   since release from custody or any type of supervision.

24   HSU - Health Services Unit. The organizational unit providing
25   routine and emergency health care. The HSU is the designated
26   part of a facility delivering health care to inmates.

27   ICE - United States Immigration and Customs Enforcement.

28   Inmate - An individual confined under the auspices and authority
29   of the BOP or under supervision of a federal court.

30   Inmate Records - Information concerning an inmate's personal,
31   criminal and medical history, behavior and activities while in
32   custody. This may include detainers, personal property receipts,
33   visitor lists, photographs, fingerprints, disciplinary
34   infractions and actions taken, grievance reports, work
35   assignments, program participation, miscellaneous correspondence
36   and forms prescribed by Government policy, etc.

                           RFP-PCC-0013 Page 15
1    Lethal Force - The force a person uses with the purpose of
2    causing or which they know or should know would create a
3    substantial risk of causing death or serious bodily harm.

4    MOAR - Minimum Operational Availability Rate. The monthly rate
5    for computer services/resource components which is a percentage
6    calculated by dividing the accumulated monthly down time hours by
7    the total number of hours of operation for a given month.

 8   Negative Pressure Room - A room where the direction of air flow
 9   is controlled by creating a lower (negative) pressure in the area
10   into which flow of air is desired.

11   NTP - Notice To Proceed. The official written notice signed and
12   issued by the CO which authorizes the contractor to proceed with
13   the contract and begin providing services under the contract.
14   The contractor shall be prepared to accept inmates immediately
15   upon issuance of the NTP.

16   OIG - Office of the Inspector General, Department of Justice.

17   P.S. - Program Statement. A BOP written directive that
18   establishes policy in a given area.

19   Records Office - The office responsible for maintaining records,
20   coordination of movement and other related functions.

21   Safety Equipment - Including, but not limited to, fire fighting
22   equipment (e.g., chemical extinguishers, hoses, nozzles, water
23   supplies, alarm systems, portable breathing devices, gas masks,
24   fans, first aid kits, stretchers).

25   Sensitive But Unclassified - Information which is unclassified
26   information of a sensitive, proprietary or personally private
27   nature which must be protected against release to unauthorized
28   individuals.

29   SENTRY - The BOP’s online real-time database system used
30   primarily for maintaining information about federal inmates. It
31   contains information about sentencing, work assignments,
32   admission/release status and other special assignments for
33   monitoring inmate status. The SENTRY system also includes
34   property management and other modules which address most aspects
35   of incarceration.

36   Subcontract - Any agreement entered into by the contractor who
37   was awarded the contract (“prime contractor”) with another entity

                           RFP-PCC-0013 Page 16
1    to provide services and supplies to accomplish performance of the
2    contract.

3    Subcontractor, Full Time - An individual performing work in the
4    contract facility which requires performance in excess of 29 or
5    more total days or 232 hours which can be accrued incrementally
6    (i.e., 2 hours per week, 3 days per week) or in a one month
7    period.

 8   Subcontractor, Part Time - An individual performing work in the
 9   contract facility which requires performance of 29 total days or
10   232 hours or less which can be accrued incrementally (i.e., 2
11   hours per week, 3 days per week) in a 29 day period. Part-time
12   subcontractors shall be escorted at all times while in the
13   institution or when outside the institution if the possibility
14   exists of coming into contact with inmates.

15   Telehealth - The provision of clinical care and health care
16   services (administration, education, etc.) through the use of
17   electronic communication and information technologies across
18   geographic and time barriers.

19   USMS - United States Marshals Service.

20   Warden - The contractor's official, regardless of title (e.g.,
21   Chief Executive Officer), who has ultimate onsite responsibility
22   for the overall management and operation of a facility.

23   Additional definitions are contained in the ACA/ACI Standards and
24   Standards Supplement.

                           RFP-PCC-0013 Page 17

2    A.   Contract Performance

 3   All services and programs shall comply with the SOW; United
 4   States Constitution; all applicable federal, state and local laws
 5   and regulations; applicable Presidential Executive Orders (E.O.);
 6   all applicable case law; and court orders. Should a conflict
 7   exist between any of the aforementioned standards, the most
 8   stringent shall apply. When a conflict exists and a conclusion
 9   cannot be made as to which standard is more stringent, the CO
10   shall determine the appropriate standard. The contractor shall
11   comply with and implement any applicable changes to BOP policy,
12   Department of Justice (DOJ) regulation, Congressional mandate,
13   federal law, DC law or E.O. Should the Government invoke such
14   changes, the contractor retains rights and remedies (i.e.,
15   equitable adjustment) under the terms and conditions of the
16   contract.

17   BOP reserves the right to have various staff on site to monitor
18   contract performance. The Government reserves its right to
19   conduct announced and unannounced inspections of any part of the
20   institution at any time and by any method to assess contract
21   compliance.

22   B.   General Administration

23   The contractor is required to perform in accordance with the most
24   current edition of the ACA/ACI Standards. The contractor shall
25   obtain ACA accreditation within 24 months of the NTP and shall
26   maintain continual compliance with all ACA/ACI Standards during
27   the performance of the contract unless otherwise specified by the
28   CO. Once full accreditation has been obtained, the contractor
29   shall maintain this accreditation throughout the life of the
30   contract, inclusive of any option periods exercised. Failure to
31   perform in accordance with contract requirements and to obtain
32   ACA accreditation within 24 months of the NTP may result in a
33   reduction of the monthly operating price in accordance with the
34   contract terms.

35   Accomplishment of some ACA/ACI Standards is augmented by BOP
36   policy and/or procedure. In these instances, the SOW identifies
37   and provides direction for the enhanced requirements.

                              RFP-PCC-0013 Page 18
1    The contractor is responsible for development and administration
2    of a comprehensive Quality Control Program (QCP) which ensures
3    all requirements of this contract are achieved. The specific
4    requirements for the QCP are detailed in Section J.

 5   Several sections of this SOW require the contractor to maintain a
 6   system of records identical to the BOP. The contractor shall not
 7   establish a separate system of records without prior written
 8   approval of the CO. All records related to contract performance
 9   shall be retained in a retrievable format for the duration of the
10   contract. Except as otherwise expressly provided in this SOW,
11   the contractor shall, upon completion or termination of the
12   resulting contract or upon request, transmit to the Government
13   any records related to performance of the contract.

14   The contractor shall comply with all statutes, regulations and
15   guidelines from the National Archives and Records Administration.
16   Records and information management functions are required and
17   mandated by the following regulations: 44 USC 21, 29, 31 and 33;
18   36 Code of Federal Regulations (CFR) Chapter 12, Sub-chapters A
19   and B; Office of Management and Budget (OMB) Circular A-130; and
20   DOJ Order 2710.8C, Removal and Maintenance of, and Access to,
21   Documents. Criminal penalties for unlawfully destroying,
22   damaging or removing federal records is addressed in 18 USC 2071,
23   793, 794 and 798.

24   The contractor shall protect, defend, indemnify, save and hold
25   harmless the Government, BOP and its employees or agents from and
26   against any and all claims, demands, expenses, causes of action,
27   judgments and liability arising out of, or in connection with,
28   any negligent acts or omissions of the contractor, its agents,
29   subcontractors, employees, assignees or any one for whom the
30   contractor may be responsible. The contractor shall also be
31   liable for any and all costs, expenses and attorneys fees
32   incurred as a result of any such claim, demand, cause of action,
33   judgment or liability, including those costs, expenses and
34   attorneys fees incurred by the Government, BOP and its employees
35   or agents. The contractor’s liability shall not be limited by
36   any provision or limits of insurance set forth in the resulting
37   contract.

38   In awarding the contract, the Government does not assume any
39   liability to third parties, nor will the Government reimburse the
40   contractor for its liabilities to third parties, with respect to
41   loss due to death, bodily injury or damage to property resulting

                           RFP-PCC-0013 Page 19
1    in any way from the performance of the contract or any
2    subcontract under this contract.

 3   The contractor shall be responsible for all litigation, including
 4   the cost of litigation, brought against it, its employees or
 5   agents for alleged acts or omissions. The CO/COR shall be
 6   notified in writing of all litigation pertaining to this contract
 7   and provided copies of any pleadings filed or said litigation
 8   within five working days of the filing. The contractor shall
 9   cooperate with Government legal staff and/or the United States
10   Attorney regarding any requests pertaining to federal or
11   contractor litigation.

12   Policies and procedures shall be developed to ensure a positive
13   relationship is maintained with all levels of the federal
14   judiciary. The contractor’s procedures shall ensure a tracking
15   system is established which mandates all judicial inquiries and
16   program recommendations are responded to in a timely and accurate
17   manner. All judicial inquiries and contractor responses
18   specifically related to an inmate shall be made part of the
19   inmate's central file.

20   The contractor shall notify the COR immediately when a request is
21   made by a member of the United States Congress for information or
22   to visit the institution. All responses to Congress shall be
23   cleared, in advance, by the COR.

24   The COR shall be notified when a request is made for inmate or
25   employee interviews or visits to the institution by any
26   representative of the media as defined by P.S. 1480.05, News
27   Media Contacts, dated 9/21/00. The contractor shall permit
28   inmate interviews by legitimate media consistent with P.S.
29   1480.05.

30   The contractor shall coordinate, in advance, all public
31   information related issues with the CO prior to NTP and the COR
32   after NTP. All press statements and releases shall be cleared,
33   in advance, with the CO prior to NTP and the COR after NTP.

34   The contractor shall ensure employees agree to use appropriate
35   disclaimers clearly stating the employees' opinions do not
36   necessarily reflect the position of the BOP or DOJ in any public
37   presentations they make or articles they write which relate to
38   any aspect of contract performance or the facility operations.

                           RFP-PCC-0013 Page 20
1    C.   Fiscal Management

2    Commissary Operation

3    A commissary shall be operated by the contractor as a privilege
4    for inmates. The commissary shall have items available for
5    purchase which are not required to be furnished by the contractor
6    in accordance with the objectives of the contract. Inmates shall
7    have the opportunity to purchase from the commissary at least
8    once a week. A copy of the commissary inventory shall be
9    provided to the BOP upon request.

10   The contractor shall ensure inmates spend no more on purchases
11   than the BOP’s current national spending limitation for
12   commissary sales. The contractor shall not sell or stock items
13   which are prohibited by the BOP as defined in P.S. 4500.05, Trust
14   Fund/Deposit Fund Manual, dated 1/22/07, Chapter 3.4.

15   The selling price of each item ordered and sold in the commissary
16   shall be calculated based on the cost of each sellable unit. The
17   markup of merchandise shall be no more than the following: 0%
18   for postage stamps, religious items, education course/resource
19   requirements; 5% for Special Purchase Orders (SPO) purchased at
20   retail cost; 30% on standard/SPOs purchased at non-retail cost;
21   preprinted sales prices printed on packaging will be sold at the
22   preprinted price. Once an item is marked up, any applicable
23   sales tax will need to be added and the total price rounded to
24   the next highest nickel.

25   The contractor shall establish procedures to maintain
26   accountability of all trust fund monies and property to prevent
27   waste, fraud and abuse.

28   The contractor shall review commissary inventories for excessive
29   inventory differences and to ensure the commissary remains within
30   acceptable tolerance levels. The tolerance level for inventory
31   differences is calculated by multiplying .0025 times the last six
32   months sales at cost.

33   The contractor shall establish procedures in accordance with P.S.
34   4500.05, Trust Fund/Deposit Fund Manual, dated 1/22/07, Chapter
35   3, when disposing of commissary merchandise when it is damaged,
36   unfit for resale or destroyed. The total of unsaleable
37   merchandise at cost cannot exceed .0015 times the actual regular
38   commissary semi-annual sales at cost in any one inventory period.

                              RFP-PCC-0013 Page 21
1    Inmate Benefit Fund

 2   Any revenues earned in excess of those needed for commissary
 3   operations shall be used to provide benefit to all inmates via an
 4   inmate benefit fund. The contractor may use P.S. 4500.05,
 5   Chapter 2, as a guide for appropriate expenditures from this
 6   fund. However, prohibited items, as defined by the BOP, shall
 7   not be purchased with commissary revenues. Individual
 8   expenditures from the inmate benefit fund that exceed $10,000
 9   shall be approved by the contractor’s corporate office. Records
10   of inmate benefit fund expenditures shall be maintained on site
11   at the contract facility and available for review by the BOP. At
12   the conclusion of the contract, the inmate benefit fund shall
13   revert back to the Government. Any interest earned on this fund
14   shall be credited to the inmate benefit fund.

15   Inmate Funds

16   If inmate funds are placed in an interest bearing account, the
17   interest earned must be credited to the inmate.

18   Procedures shall be established for transferring inmate personal
19   funds upon release from the institution, transfer to another
20   institution or when an inmate requests a funds transfer to an
21   outside source. The contractor shall ensure all inmates who are
22   scheduled for removal to foreign destinations are given all funds
23   immediately prior to release from the institution. Transfer of
24   inmate funds shall occur within five working days upon release
25   from the institution, transfer to another institution or when an
26   inmate requests a funds transfer to an outside source.

27   Inmates who transfer to a BOP institution shall have their funds
28   sent to the BOP National Lockbox address below in accordance with
29   the procedures defined in P.S. 4500.05, Chapter 9.6:

30                  Federal Bureau of Prisons
31                  Insert Inmate Eight Digit Register Number
32                  Insert Inmate’s Committed Name
33                  PO Box 474701
34                  Des Moines, IA 50947-0001

35   Unclaimed Inmate Funds

36   The contractor shall exhaust all avenues to locate inmates and
37   forward their inmate account balances. If after three months the

                              RFP-PCC-0013 Page 22
1    inmate cannot be located, the contractor shall forward the inmate
2    account balance to the BOP as instructed below:

 3        1)    Check made payable to the individual inmate must
 4              contain the inmate’s committed name and register
 5              number. The sender’s name must be included on the
 6              check and/or mailing envelope.
 7        2)    Check made payable to the BOP for the purposes of
 8              consolidating several inmate account balances must be
 9              accompanied by a Field Submission Form provided by the
10              BOP.
11        3)    Field Submission Forms shall list the inmate’s
12              committed name, register number and amount to be
13              credited to the inmate. One Field Submission Form
14              shall be completed for each check.
15        4)    Signed memorandum must accompany each Field Submission
16              Form certifying all avenues to locate the inmate(s)
17              listed on the form have been exhausted.
18        5)    Unclaimed funds shall be sent to the following address:
20              Federal Bureau of Prisons
21              Insert Inmate Eight Digit Register Number
22              Insert Inmate’s Committed Name
23              Trust Fund Branch/Deposit Fund
24              320 First Street, NW
25              Room 5005
26              Washington, DC 20534

27   D.   Personnel

28   For purposes of the Personnel portion of the contract, the terms
29   “employee,” “subject” and “applicant” refer to any person
30   applying to work for the contractor as an employee or
31   subcontractor, or who may already be employed by the contractor,
32   who has not previously completed the personnel security
33   requirements detailed in this section of the contract and who has
34   not received a favorable suitability adjudication from the BOP.

35   The contractor shall develop written procedures for the security
36   and supervision of employees and subcontractors who work on this
37   contract in accordance with the Notice of Contractor Personnel
38   Security Requirements Clause and with the requirements of
39   Homeland Security Presidential Directive-12 (HSPD-12) located in
40   Section I of the contract. The procedures shall include record

                            RFP-PCC-0013 Page 23
1    keeping, identification badges and escort protocols. The
2    contractor shall include these procedures in the contractor’s
3    Personnel Policy Manual.

4    Staffing Plan

 5   The contractor may restructure the staffing plan in any manner
 6   that does not reduce the minimum performance requirements of the
 7   contract and does not eliminate essential personnel or personnel
 8   as required by the most current version of ACA/ACI Standards.
10   The contractor shall provide the CO with a staffing plan and
11   subsequent changes to the staffing plan.
13   Employment Procedures

14   The Warden or designee shall be the contractor’s contact person
15   for all matters regarding the processing of contractor personnel.

16   Prior to employees entry on duty (EOD) at the facility, the
17   contractor shall ensure the following steps are completed for
18   each applicant, full or part time, as listed below:

19        1)    Conduct a credit check for employment purposes as
20              described in the Fair Credit Reporting Act;
21        2)    Conduct a pre-employment interview;
22        3)    Complete an Employment Eligibility Verification (Form
23              I-9);
24        4)    Voucher the applicant’s employment record for the past
25              five years;
26        5)    Perform a Law Enforcement Agency Check for the past
27              five years;
28        6)    Certify the applicant is a U.S. citizen (see below -
29              Other Requirements);
30        7)    Certify the applicant has met the residency
31              requirements (see below - Other Requirements);
32        8)    Applicant shall complete Questionnaire for Public Trust
33              Positions (SF-85P) or approved equivalent;
34        9)    Complete and submit FBI fingerprint form (FD-258);
35        10)   Coordinate the process for BOP staff to conduct
36              criminal history checks from the National Crime
37              Information Center (NCIC) and National Law Enforcement
38              Telecommunication System (NLETS).

                             RFP-PCC-0013 Page 24
1    The contractor shall also ensure the following HSPD-12
2    requirements are completed for each applicant who requires access
3    to federal information systems, i.e., SENTRY:

 4        •     Employment Eligibility Verification (Form I-9) must be
 5              verified by a BOP official;
 6        •     Coordinate the process with the BOP for a National
 7              Agency Check with Inquiries (NACI);
 8        •     Questionnaire for Public Trust Positions (SF-85P) and
 9              FBI fingerprint form (FD-258) shall be submitted to the
10              Office of Personnel Management (OPM).
12   The determination for employment suitability must be made using
13   the BOP’s current Guidelines of Acceptability (Guidelines).
14   Based on steps #1-8 and the Guidelines, the contractor will
15   determine if the applicant is suitable for employment. The
16   Warden shall certify steps #1-8 have been completed with
17   satisfactory results and submit this certification with the
18   applicant’s information to the BOP for conditional approval. The
19   applicant’s information shall include the following: full name,
20   date of birth, driver’s license number and issuing state, social
21   security number and position applied for.

22   The contractor shall also certify the HSPD-12 requirements listed
23   above have been completed for applicants requiring access to
24   federal information systems. The contractor’s request for
25   conditional approval for these applicants must include the
26   schedule date for the OPM-NACI investigation and indicate the
27   request is for a moderate risk level position.

28   After receiving the BOP’s conditional approval, the contractor
29   shall complete the following steps:
31        11)   Conduct a urinalysis in accordance with P.S. 3735.04,
32              Drug Free Workplace, dated 6/30/97;
33        12)   Applicant shall complete Supplemental Questionnaire for
34              Selected Positions (OPM SF-85P-S) or approved
35              equivalent;
36        13)   Notify COR of Limited Background Investigation (LBI)
37              initiation.

38   Positions requiring the OPM SF-85P-S or equivalent are those
39   employees required to carry firearms during the course of their
40   employment.

                            RFP-PCC-0013 Page 25
 1   Contractor responsibilities subsequent to EOD date:
 3        14) Notify COR within 24 hours of actual EOD;
 4        15) Receipt and review of LBI report (Section J).
 6   The BOP retains authority to approve all contractor staff,
 7   subcontractor employees and volunteers who work or have contact
 8   with federal inmates under the terms of this contract. No
 9   individual who is under supervision or jurisdiction of any
10   parole, probation or correctional authority shall be employed.

11   The contractor shall develop procedures to coordinate with the
12   COR to process and initiate NCIC/NLETS functions in accordance
13   with P.S. 1280.11, JUST, NCIC, and NLETS Telecommunication
14   Systems (Management and Use), dated 1/7/00, for criminal history
15   checks to maintain institution security. NCIC/NLETS may not be
16   utilized for Justice Employment checks. The contractor shall
17   adhere to the Federal Bureau of Investigation (FBI) Criminal
18   Justice Information Services (CJIS) Security Addendum as included
19   in Section J of the contract. The contractor shall ensure use of
20   NCIC/NLETS is performed only to the direct benefit and
21   furtherance of the contract.

22   The contractor shall develop procedures to coordinate with the
23   COR to process and submit the forms required to obtain a NACI in
24   accordance with the provisions of HSPD-12 as located in Section I
25   of the contract and as required by OPM.

26   Within one year of each onsite employee’s EOD, the contractor
27   shall obtain, review, identify and resolve derogatory information
28   contained on the LBI results using the Adjudication Standards for
29   Resolving Limited Background Investigations and Periodic
30   Reinvestigations outlined in Section J. The contractor shall
31   determine the employee’s suitability for employment under this
32   contract. Investigations with little or no derogatory
33   information will be reviewed and forwarded to the COR within 90
34   days of the investigation completion date. Investigations
35   requiring resolution of derogatory information will be forwarded
36   within 180 days of the investigation completion date. Extended
37   adjudication time frames on a case-by-case basis may be requested
38   from the COR.

39   The contractor shall ensure all employees and full-time
40   subcontractor employees are reinvestigated as prescribed in the
41   Scope and Coverage of a Periodic Reinvestigation in Section J of
42   the contract.

                           RFP-PCC-0013 Page 26
1    Upon receipt, review and resolution of any derogatory information
2    contained in the reinvestigation report, the Warden shall forward
3    to the COR a written final determination regarding the employee’s
4    continued employment under this contract. A copy of the
5    reinvestigation report results shall be attached.

6    The contractor shall maintain all personnel records on site for
7    the duration of the contract and make these records available to
8    the BOP upon request.

9    Waivers

10   If the applicant does not meet the BOP’s current Guidelines and
11   is still a desirable employee, the contractor may request a
12   written waiver to the Guidelines, submitted to the COR, which
13   includes:

14        1)   details and circumstances of the applicant’s behavior
15             which is outside the Guidelines;
16        2)   reason(s) why the applicant should receive further
17             consideration; and
18        3)   availability of other suitable applicants.

19   Other Requirements
21   The contractor shall not employ any individual who has a felony
22   or misdemeanor conviction of domestic violence.

23   The contractor shall not employ any individual who is not a U.S.
24   citizen unless otherwise approved by the CO. Citizens of the
25   United States include those who were: born in the United States
26   (the fifty states, District of Columbia, Puerto Rico, Guam (since
27   1950) or the United States Virgin Islands); born outside the
28   United States to parents who are citizens of the United States,
29   one of which was physically present in the United States or one
30   of its outlying possessions for a continuous period of one year
31   at any time prior to the birth of the person (in some situations
32   only one person has to be a citizen); naturalized as a U.S.
33   citizen; or otherwise granted citizenship under authorities
34   described in law, beginning at 8 USC 1401. For non-citizen
35   applicants of subcontractors, the contractor must seek approval
36   from the CO. Non-citizen applicants of subcontractors must be
37   citizens of an allied nation as defined by OPM (see

                           RFP-PCC-0013 Page 27
1    All applicants or subcontractors (U.S. citizen or otherwise) must
2    have, immediately prior to applying for a position:

3         1)   resided in the United States three of the past five
4              years;
5         2)   worked for the United States overseas in a federal or
6              military capacity; or
7         3)   been a dependent of a federal or military employee
8              serving overseas.

 9   The CO has final approval authority for non-citizen and non-
10   residency employment for all potential employees and
11   subcontractors.

12   The contractor shall maintain verification of training and
13   experience which shall include credentials for all professional
14   staff. All credentials shall be kept current and maintained for
15   the duration of the individual’s performance under the contract.

16   Employment Agreement

17   In the absence of a collective bargaining agreement, the
18   contractor must enter into a written employment agreement with
19   each employee assigned to work at the contractor’s facility.
20   This agreement must provide, in recognition of the public safety
21   requirements for uninterrupted services at the contractor’s
22   facility and in return for adequate consideration, including
23   grievance procedures, the contractor employee agrees not to
24   strike or otherwise interrupt normal operations at the
25   contractor’s facility without giving 30 days advance written
26   notice.

27   The contractor must ensure a contingency plan covering work
28   actions or strikes is developed and maintained in a secure
29   location.

30   In the event the contractor negotiates collective bargaining
31   agreements applicable to the work force under the contract, the
32   contractor must use its best efforts to ensure such agreements
33   contain provisions designed to ensure continuity of services.
34   All such agreements entered into during the contract period of
35   performance should provide grievances and disputes involving the
36   interpretation or application of the agreement will be settled
37   without resorting to strike, lockout or other interruption of
38   normal operations.

                            RFP-PCC-0013 Page 28
 1   For this purpose, each collective bargaining agreement should
 2   provide an effective grievance procedure with arbitration as its
 3   final step unless the parties mutually agree upon some other
 4   method of assuring continuity of operations. As part of such
 5   agreements, management and labor should agree to cooperate fully
 6   with the Federal Mediation and Conciliation Service. The
 7   contractor shall include the substance of this clause (paragraph,
 8   provision, etc.) in any subcontracts for protective services.
10   Staffing

11   The following are essential personnel with respective minimum
12   qualification requirements and are critical for performance of
13   the contract. The contractor may use other titles. Within 15
14   days of contract award, the contractor shall submit a written
15   request (to include a resume) to the COR for conditional
16   contractor employment approval of the Project Coordinator,
17   Warden(s) and Associate Warden(s). The 15-day period may be
18   extended for the Warden(s) and Associate Warden(s) positions if
19   requested in writing by the contractor and approved by the CO.

20        Project Coordinator - Knowledge and experience within the
21        last five years in planning and executing similar contract
22        requirements as contained within this SOW.

23        Warden(s) - Knowledge of program objectives, policies,
24        procedures and requirements for managing a secure
25        correctional facility. A minimum of ten years experience in
26        corrections or related field with experience in the
27        management of a correctional facility at the Associate
28        Warden level or above.

29        Associate Warden(s) - Knowledge of program objectives,
30        policies, procedures and requirements for managing a
31        correctional facility. A minimum of ten years experience in
32        corrections or related field with five years experience in
33        the field of corrections at the level of mid-management.

34   The essential personnel listed below are critical for the
35   performance of this contract: knowledge of program objectives,
36   policies, procedures and requirements specific to their
37   department. A minimum of five years experience specific to their
38   department is required.

                           RFP-PCC-0013 Page 29
 1        Administrator, Religious Services
 2        Case Management Coordinator
 3        Chief, Correctional Services
 4        Computer Services Manager
 5        Correctional Shift Supervisors
 6        Facilities Manager/Administrator
 7        Food Service Administrator
 8        Human Resource Manager
 9        Inmate Systems/Records Office Manager
10        Intelligence Officer
11        Medical Services Administrator
12        Quality Control Specialist
13        Safety/Environmental Specialist

14   The Administrator, Religious Services shall meet the
15   certification standards of the American Correctional Chaplains
16   Association.

17   The CO may reduce the monthly invoice for salaries and benefits
18   on any unfilled essential position.

19   Subcontractors

20   Full-time Subcontractors: The contractor shall complete steps
21   #1-15, as outlined in Employment Procedures above, for each full-
22   time subcontractor employee. Any full-time subcontractor
23   requiring SENTRY access must also have the HSPD-12 requirements
24   completed.

25   Part-time Subcontractors: The contractor, at a minimum, shall
26   complete the following for all part-time subcontractors:

27        1)   Employment Eligibility Verification (Form I-9);
28        2)   Coordinate the process for BOP staff to conduct
29             criminal history checks - NCIC/NLETS.

30   Any part-time subcontractor requiring SENTRY access must also
31   have the HSPD-12 requirements completed.

32   The contractor shall use the BOP’s current Guidelines when
33   determining subcontractor employment. In addition, the
34   contractor shall not hire any subcontractor, full time or part
35   time, who under the following circumstances: knows any person or

                           RFP-PCC-0013 Page 30
1    has any relatives who are currently incarcerated in the facility;
2    has any criminal charges currently pending; or is currently under
3    any incarceration order, probation or court supervision.

4    Subcontractor employees are required to adhere to the
5    contractor’s Standards of Conduct mentioned below. The BOP has
6    the authority to approve all subcontractors who have contact with
7    federal inmates under the terms of this contract.

8    Volunteers

 9   The contractor shall develop written procedures for the use,
10   security and supervision of volunteers. The procedures shall
11   outline record keeping, identification badges and escort
12   protocols. The contractor shall include these procedures in the
13   Personnel Policy Manual.
15   Volunteers must be 18 years old or older. Ex-offenders with at
16   least three years of crime-free conduct after release, or with a
17   favorable report upon completion of probation or parole, may be
18   utilized as volunteers. Volunteers shall not be granted waivers
19   for unescorted status or passes.

20   The contractor shall complete the following for each volunteer
21   working in the facility:

22        1)   Full name and personal information, (e.g., address,
23             date of birth, driver’s license number and issuing
24             state, social security number);
25        2)   Complete and submit FBI fingerprint form (FD-258);
26        3)   Coordinate the process for BOP staff to conduct
27             criminal history checks - NCIC/NLETS.

28   The contractor, at a minimum, shall review the volunteer’s
29   personal information. The COR will review any criminal
30   background information to determine if the applicant is suitable
31   in accordance with BOP’s current Guidelines for entrance into the
32   facility.

33   Volunteers are required to adhere to the contractor’s Standards
34   of Conduct mentioned below. The BOP has the authority to approve
35   all volunteers who have contact with federal inmates under the
36   terms of this contract.

                           RFP-PCC-0013 Page 31
1    Standards of Conduct

 2   The contractor shall develop written Standards of Conduct on
 3   employee conduct, ethics and responsibility. The contractor’s
 4   Standards of Conduct shall include those standards defined in
 5   Section J. These standards shall be a part of the Personnel
 6   Policy Manual. The contractor shall document and ensure all
 7   employees review the Standards of Conduct annually. In addition
 8   to employees, subcontractors and volunteers are also required to
 9   adhere to the Standards of Conduct at all times. Employees,
10   subcontractors and volunteers shall receive Standards of Conduct
11   Training as part of their individual institutional
12   familiarization and annual training. Notices explaining
13   employees rights to report misconduct and contact information for
14   all investigative authorities of competent jurisdiction shall be
15   prominently displayed.

16   The contractor shall refer allegations of employee, subcontractor
17   or volunteer misconduct in accordance with procedures defined by
18   the BOP. The contractor shall cooperate fully with the cognizant
19   authority in any investigation of alleged misconduct.

20   The Government reserves its right, consistent with its
21   obligations under applicable law, to conduct investigations of
22   any alleged misconduct which has the potential to adversely
23   impact the programs or operations of the DOJ and BOP, including
24   the care, custody, health and safety of inmates and BOP staff or,
25   where applicable, the correctional institution and to withdraw
26   final employment approval authority for any employee as warranted
27   by Standards of Conduct violations.

28   E.   Training and Staff Development

29   The Government will provide specialized training to assist the
30   contractor in performing some specialized requirements. The
31   training will be provided to the contractor at no cost and on a
32   one-time basis only. Contract employees’ travel/lodging expenses
33   will not be paid by the BOP. To receive the training, the
34   contractor must submit a written request to the COR outlining the
35   training participants and time frame for training.

36   1.   Records Office (Records Office Staff)
37         Training
38         a.   Movement Coordination Training - 6 hours

                            RFP-PCC-0013 Page 32
 1        b.   Principles of Sentence Computation (includes
 2             maintenance, retirement and disposal of inmate files) -
 3             32 hours
 4        c.   Advanced Sentence Computations - 32 hours
 5        Self Study Courses and Modules
 6        a.   Mail Room Self Study and Survival Skills Guide
 7        b.   Receiving and Discharge Self Study and Survival Skills
 8             Guide
 9        c.   Processing Inmates In-Out Module
10        d.   Detainers, Writs and IAD Module
11        e.   Mailroom Management Module
12        f.   Sentence Computation and Judgement and Commitment File
13             Module

14   2.   Correctional Programs (Affected Staff)
15        a.   Case Management/Central Inmate Monitoring (includes
16             Victim Notification System) - 24 hours
17        b.   Inmate Discipline Training - 24 hours
18        c.   Disciplinary Hearing Officer (DHO) Training - 24 hours
19        d.   Joint Automated Booking System (JABS) - 16 hours
20        e.   NCIC/NLETS (Practitioner/Administrator) - training disk
21        f.   Adam Walsh Training - 4 hours
23   3.   Other
24        a.    Human Resource Management (includes background
25              investigation issues) - 24 hours
26        b.    Basic SENTRY - 2 hours
27        c.    Central Inmate Monitoring Certification Correspondence
28              Course

29   The contractor may request, at its expense and subject to the
30   approval of the COR, additional Government training to supplement
31   the initial training outlined above or other training as it
32   applies to BOP-mandated contract performance.

33   The contractor shall develop and implement a comprehensive staff
34   training program addressing the institution’s sexual
35   abuse/assault prevention and intervention program. Written
36   policy, procedure and practice shall provide all staff, to
37   include volunteers, receive such training prior to assumption of
38   duties and on an annual basis as part of the institution’s in-
39   service training plan.

                           RFP-PCC-0013 Page 33
1    Pre-service and in-service training shall be augmented with
2    specialized training and continuing education for appropriate
3    staff (e.g., case managers, counselors, psychology services
4    staff, chaplaincy staff, correctional officers, investigatory
5    officials, health/mental health care providers, etc.).

6    The contractor shall provide disturbance control training to
7    appropriate staff.
9    F.   Case Records

10   Inmate Files

11   All inmate files (e.g., central files, medical files, judgment
12   and commitment (J&C) files, etc.) are to be prepared, maintained
13   and disposed of in accordance with BOP format and procedures.

14   Policy and procedures shall be developed to ensure the
15   confidentiality and security of all inmate central files (e.g.,
16   J&C files, central files, United States Parole Commission mini-
17   files) in accordance with P.S. 5800.14, Inmate Systems Management
18   Manual, dated 12/30/06, P.S. 5800.11, Inmate Central File,
19   Privacy Folder, and Parole Mini-Files, dated 12/31/97, and in
20   accordance with all applicable federal provisions (e.g., 5 USC
21   552 and 552a).

22   Records Office Procedures

23   The contractor shall interact with other agencies to satisfy
24   outstanding inmate obligations, including, but not limited to:

25        1)    processing of federal and state writs;
26        2)    administration of the Interstate Agreement on
27              Detainers;
28        3)    detainer inquiries;
29        4)    lodging and removal of detainers;
30        5)    notification requests from other agencies; and
31        6)    coordination of transfer/inmate movement in and out of
32              the facility in accordance with P.S. 5800.14, Inmate
33              Systems Management Manual, dated 12/30/06, Chapter 8;
34              P.S. 5875.12, Transfer of Inmates to State Agents for
35              Production on State Writs, dated 7/31/03; and P.S.
36              5800.12, Receiving and Discharge Manual, dated 8/17/98.

                            RFP-PCC-0013 Page 34
1    No BOP inmate shall be admitted to the institution unless
2    designated by the BOP. No BOP inmate shall be permanently
3    released from custody without BOP written approval.

4    Sentence computations shall be completed in accordance with P.S.
5    5800.14, Inmate Systems Management Manual, dated 12/30/06; P.S.
6    5880.28, Sentence Computation Manual (CCA of 1984), dated
7    7/20/99; 28 CFR 523; and federal criminal code and rules prior to
8    being submitted to the BOP for review.

 9   The contractor shall use SENTRY for the following procedures:
10   admissions and releases; inmate counts; medical data; inmate
11   work, housing assignments, classification and programming;
12   education data; discipline data; victim/witness program; sentence
13   computations, including good time; and United States Parole
14   Commission actions. The contractor has the option to use SENTRY
15   for any other procedures as approved by the COR.

16   The contractor shall: maintain inmate J&C files; maintain file
17   accountability and security; respond to inmate inquiries; respond
18   to outside requests for information; compute sentences and
19   determine release dates; enter sentence computations in SENTRY;
20   update sentence computations according to amended court orders;
21   post good conduct time for sentence computations; verify release
22   methods and dates prior to an inmate's release; scan all J&C file
23   documents and electronically submit to BOP; and make any changes
24   as directed by the BOP.

25   The contractor shall sign the Release Authorization after
26   certification and final audit has been performed by BOP staff.
27   In instances of immediate release, the BOP will certify the
28   contractor’s sentence computation.

29   The contractor shall comply with the Privacy Act of 1974 (5 USC
30   552a) and 28 CFR Parts 16 and 513.

31   Pre-Sentence Investigation Reports

32   An inmate’s Pre-Sentence Investigation Reports (PSR) and
33   Statements of Reasons (SOR) from criminal judgments are provided,
34   where authorized by the court, to the contractor to facilitate
35   sentence administration functions only (e.g., classification,
36   designation, programming, sentence calculation, pre-release
37   planning, escape apprehension, prison disturbance response,
38   sentence commutation, pardon and deportation proceedings of the

                           RFP-PCC-0013 Page 35
1    inmate). The contractor is prohibited from disclosing copies of,
2    or information from, these documents to persons unrelated to the
3    inmate’s sentence administration. Requests for access to these
4    documents from any persons unrelated to the offender’s sentence
5    administration should be referred to the BOP in accordance with
6    28 CFR 513.

 7   The contractor must provide inmates local access to review their
 8   own PSRs and SORs but is prohibited from allowing inmates to
 9   obtain and/or possess photocopies. Local access means contractor
10   staff must provide inmates reasonable opportunities to locally
11   review their PSRs and SORs as staff time and official duties
12   permit. During local reviews, inmates are allowed to make
13   handwritten notes, including hand copying the document word-for-
14   word. Only the photocopy replication of these documents is
15   prohibited.

16   PSRs and SORs are part of the inmate's central file, and the
17   contractor shall manage these documents in accordance with P.S.
18   5800.11, Inmate Central File, Privacy Folder, and Parole
19   Mini-Files, dated 12/31/97. For example, when inmates are
20   transferred from the contractor facility to another facility, the
21   entire inmate central file shall be transferred to the new
22   facility. Similarly, when an inmate is released from the
23   sentence, the entire inmate central file shall be archived as a
24   BOP record.

25   G.   Information Systems and Research

26   Information Systems

27   The BOP information system environment includes mainframe,
28   Local Area Network (LAN) and Wide Area Network (WAN) components.

29   The BOP mainframe software environment exists in an internally
30   developed application named SENTRY which is used to support
31   facility operations. The contractor shall provide and maintain
32   hardware and software to access SENTRY in the manner referenced
33   in Section J to operate the facility.

34   The contractor shall appoint a SENTRY security manager who shall
35   be the contractor’s point of contact for SENTRY use at the
36   institution. It is suggested the SENTRY security manager be a
37   collateral duty appointment. All contractor and subcontractor
38   staff being granted access to SENTRY shall sign a SENTRY Rules of

                            RFP-PCC-0013 Page 36
1    Behavior form located in Section J.   The SENTRY security manager
2    shall keep these on file.

3    The technical hardware environment in which computer services are
4    to be performed consists of IBM-compatible Personal Computers
5    (PC) operating on a LAN. In addition to providing for the inter-
6    connection of PC workstations, the LAN also provides connections
7    to a BOP centralized gateway which connects to an IBM-compatible
8    mainframe computer located in a DOJ data center.

 9   All network operating system hardware furnished by the
10   contractor shall be compatible with BOP equipment throughout
11   the life of the contract at the contractor’s expense.

12   The contractor is required to provide the hardware and software
13   contained in Section J in order to participate in the BOP’s
14   information system environment.

15   All network operating system software, applications software and
16   configurations not furnished by the Government shall be the same
17   release, version and configuration currently specified by the
18   contract. The contractor shall adhere to P.S. 1237.14, Personal
19   Computers and Network Standards, dated 5/7/07, and its associated
20   Technical Bulletins.

21   The contractor shall ensure the inmate “automated system of
22   records” is compatible with standard BOP facility and operational
23   requirements.

24   If it is technically feasible and if approved by the BOP Chief
25   Information Officer (CIO), the contractor shall be permitted
26   access to the following programs: Victim Notification System
27   (VNS), Centra, Web 106, Joint Automated Booking System (JABS) and
28   the Magic Help Desk (one license per facility). Access shall be
29   coordinated through the COTR and COR.

30   The contractor shall adhere to P.S. 1237.13, Information
31   Security, dated 3/31/06, which governs such areas as: security
32   for and access to sensitive information and systems; minimum
33   personnel security pre-requisites for computer system users and
34   administrators; and security and access to computer rooms, etc.

35   The contractor shall ensure fundamental information technology
36   resources (computer hardware, network and operating system

                           RFP-PCC-0013 Page 37
1    software and telecommunications facilities) used in performance
2    of this contract function properly and are maintained in good
3    operating condition. A minimum Operational Availability Rate
4    (OAR) of 97% is required for all such resource components. The
5    contractor shall ensure such resources are compatible with
6    existing BOP equipment, systems and data exchange functions.

7    GroupWise shall be configured as an external domain to the BOP
8    primary domain and shall have no physical or logical connections
9    to any internal or external mail system other than the BOP.

10   Unless specifically approved by the BOP CIO and the COR, the
11   contractor’s network shall have no physical or logical
12   connectivity to any external systems except to the BOP WAN.

13   The contractor shall have video conferencing capabilities which
14   can be utilized for Government supplied training, inmate legal
15   hearings as required by the Government, conferences, etc. In
16   order to support video conferencing, the video teleconference
17   device must be approved by the Computer Services and User Support
18   Branch prior to purchase. The device must be statically
19   addressed with an address provided by the BOP National Network
20   Communications (NNC) Branch. The LAN port used for the video
21   unit must be capable of fixed speed and duplex configuration and
22   verified by NNC.
24   Research

25   Advance approval from the COR shall be obtained for all proposed
26   research projects. These include projects conducted by the
27   contractor, subcontractors or any other party. The COR shall be
28   advised of the progress of all research projects, have total
29   access to all documents and be provided a copy of the final
30   report prior to any publication.

31   The contractor is required to participate in any research task
32   pursued by the Government and shall gather and provide any
33   information requested. Contractor participation is anticipated
34   to be primarily in the area of gathering and submitting
35   statistical information.

36   At the discretion of the Government, an independent evaluator,
37   compensated by the Government, may interview and/or administer
38   surveys to staff and inmates.

                           RFP-PCC-0013 Page 38
1    H.   Physical Plant

2    The facility shall be operated and maintained to ensure inmates
3    are housed in a safe, secure and humane manner. All equipment,
4    supplies and services shall be contractor furnished except as
5    otherwise noted in this contract.

 6   The facility shall be designed, constructed, operated and
 7   maintained in accordance with all applicable federal, state and
 8   local laws, regulations, codes, guidelines and policies. In the
 9   event of a conflict between federal, state or local laws, codes,
10   regulations or requirements, the most stringent shall apply. In
11   the event there is more than one reference to a safety, health or
12   environmental requirement in an applicable law, standard, code,
13   regulation or Government policy, the most stringent requirement
14   shall apply.

15   The contractor shall provide and maintain an electronic security
16   alarm system which will identify any unauthorized access to the
17   institution’s secure perimeter.

18   The facility shall comply with the International Code Council
19   (ICC) family of codes, including, but not limited to, the
20   following:

21        1)    International   Building Code (IBC);
22        2)    International   Plumbing Code (IPC);
23        3)    International   Mechanical Code (IMC); and
24        4)    International   Energy Conservation Code (IECC).

25   The contractor shall comply with the National Electric Code
26   (NEC). Fire protection and life safety issues shall be governed
27   by the latest edition of the National Fire Protection Association
28   (NFPA) 101, Code for Safety to Life from Fire in Buildings and
29   Structures, and applicable National Fire Codes (NFC). Should
30   conflicts occur between other codes and NFC, NFC shall apply.
31   The contractor shall comply with state and local building codes
32   to the maximum extent possible.

33   The facility shall comply with the Seismic Safety of Federal and
34   Federally Assisted or Regulated New Building Construction (E.O.
35   12699). The seismic safety requirements, as set forth in the ICC
36   family of codes, are the minimum standards. Should the code
37   applicable for the state in which the facility is located be more
38   stringent than the other codes set forth herein, the state code

                            RFP-PCC-0013 Page 39
1    shall prevail. If the code cannot be applied, then the locally
2    adopted codes would prevail for building standards and seismic
3    acceptability.

4    The facility shall comply with the requirements of the American
5    with Disabilities Act (ADA). All areas of the buildings and site
6    shall meet these requirements.

 7   Activities implemented, in whole or in part, with federal funds,
 8   must comply with applicable legislation and regulations
 9   established to protect the human or physical environment and to
10   ensure public opportunities for review. The contractor shall
11   remain in compliance with federal statutes during performance of
12   the contract to include, but not be limited to, the Clean Air
13   Act, Clean Water Act, Endangered Species Act, Resource
14   Conservation and Recovery Act and other applicable laws,
15   regulations and requirements. The contractor shall also comply
16   with all applicable limitations and mitigation identified in any
17   Environmental Assessment or Environmental Impact Statement
18   prepared in conjunction with the contract pursuant to the
19   National Environmental Policy Act, 42 USC 4321.

20   The contractor shall be responsible for and shall indemnify and
21   hold the Government harmless for any and all spills, releases,
22   emissions, disposal and discharges of any toxic or hazardous
23   substance, pollutant or waste, whether sudden or gradual, caused
24   by or arising under the performance of the contract or any
25   substance, material, equipment or facility utilized therefore.
26   For the purposes of any environmental statute or regulation, the
27   contractor shall be considered the “owner and operator” for any
28   facility utilized in the performance of the contract and shall
29   indemnify and hold the Government harmless for the failure to
30   adhere to any applicable law or regulation established to protect
31   the human or physical environment. The contractor shall be
32   responsible in the same manner as above regardless of whether
33   activities leading to or causing a spill, release, emission or
34   discharge are performed by the contractor, its agent or designee,
35   an inmate, visitor or any third party.

36   Should any spills or releases of any substance into the
37   environment occur, the contractor shall immediately report the
38   incident to the CO. The liability for the spill or release of
39   such substances rests solely with the contractor and its agents.

40   A safety program shall be maintained in compliance with all
41   applicable federal, state and local laws, statutes, regulations

                           RFP-PCC-0013 Page 40
1    and codes. The contractor shall comply with the requirements of
2    the Occupational Safety and Health Act of 1970, 29 USC 651, et
3    seq., and all codes and regulations associated with 29 CFR 1910
4    and 1926.

 5   All fire detection, communication, alarm, annunciation,
 6   suppression and related equipment shall be operated, inspected,
 7   maintained and tested in accordance with the most current edition
 8   of NFPA 72, National Fire Alarm Code. Contractor shall provide
 9   proof of testing and inspections as listed in NFPA 72 and NFPA
10   13, Installation of Sprinkler Systems, when required.

11   Promptly after the occurrence of any physical damage to the
12   institution (including disturbances), the contractor shall report
13   such damage to the COR. It shall be the responsibility of the
14   contractor to repair such damage, rebuild or restore the
15   institution consistent with the master design and construction
16   specifications for the facility at no cost to the Government.
17   Any deviation from the original design and construction
18   specifications shall require the prior written concurrence of the
19   CO.

20   The BOP anticipates a nominal number of BOP staff will be on site
21   to monitor contract performance and manage other BOP interests
22   associated with operation of the facility. With BOP concurrence,
23   the contractor shall designate approximately 2,500 square feet of
24   secure administrative office space for BOP staff operations as
25   indicated in Section J. BOP office space shall be located within
26   close proximity to the administrative office space for the
27   contractor’s staff.

28   The contractor shall provide operational space for the Executive
29   Office for Immigration Review (EOIR) and United States
30   Immigration and Customs Enforcement (ICE) operations. EOIR and
31   ICE will require appropriate space to accommodate video
32   conferencing equipment for use in immigration removal processing.
33   Space requirements should, at a minimum, allow for the use of
34   video conferencing equipment for small groups of inmates and
35   escorting staff and one office for ICE. With BOP concurrence,
36   the contractor shall designate an area or multiple use space to
37   accommodate a video courtroom equal to approximately 300 square
38   feet and a separate office space for ICE at 150 square feet to be
39   located near each other and inside the secure perimeter of the
40   facility as indicated in Section J.

                           RFP-PCC-0013 Page 41
1    All office and multiple use space shall be climate controlled and
2    complete with appropriate electrical, communication and phone
3    connections. The contractor shall be responsible for all
4    maintenance, security and costs associated with space designated
5    for Government staff.

6    The contractor shall provide no less than 10 parking spaces for
7    Government use.

8    I.   Security and Control

9    Use of Force

10   Any use of force by the contractor shall at all times be
11   consistent with all applicable policies of the Government. All
12   use of lethal force by the contractor or any other authority
13   shall be in compliance with P.S. 5500.12, Correctional Services
14   Procedures Manual, dated 10/10/03, Chapter 7, Section 702, Use of
15   Firearms. All use of less lethal force by the contractor or any
16   other authority shall be in compliance with P.S. 5566.06, Use of
17   Force and Application of Restraints, dated 11/30/05.

18   All use of force incidents shall be reported in accordance with
19   P.S. 5500.12, Correctional Services Procedures Manual, dated
20   10/10/03, Chapter 6, Sections 602, 604 and 605, After-Action
21   Review and Reporting.

22   Arrest Authority

23   The contractor shall have appropriate arrest authority in order
24   to maintain the security of the correctional institution.

25   The contractor shall ensure the arrest authority meets the
26   following standards so an officer or employee of the contractor
27   may:

28        1)    make arrests on or off facility property without
29              warrant for the following violations regardless of
30              where the violation may occur: assaulting staff,
31              escape, attempted escape and assisting escape;
32        2)    make arrests on facility property without warrant for
33              the following violations: theft, depredation of
34              property, contraband, mutiny and/or riot and trespass;
35              and

                            RFP-PCC-0013 Page 42
1         3)   arrest without warrant for any other offense committed
2              on facility property if necessary to safeguard
3              security, good order or Government property

4    if such officer or employee of the contractor has reasonable
5    grounds to believe the arrested person is guilty of such offense
6    and if there is likelihood of such person’s escaping before an
7    arrest warrant can be obtained. If the arrested person is a
8    fugitive from custody, such inmate shall be returned to custody.

9    Inmate Accountability

10   SENTRY shall be used for reporting all official counts.
11   Documentation shall be maintained to support all counts.

12   Key Control

13   The contractor shall develop policy and procedures for the
14   maintenance and security of keys and locking mechanisms to
15   include: method of inspection to expose compromised locks or
16   locking mechanisms; method of replacement for damaged keys and/or
17   locks; preventative maintenance schedule for servicing locks and
18   locking mechanisms; restrictions on removal of keys from the
19   facility and issuance of emergency keys. The contractor shall
20   notify the BOP in the event any key or locking mechanism is lost
21   or compromised.

22   Tool Control

23   All controlled tools, equipment and hazardous materials shall be
24   classified by security risk.

25   Inmate Transportation

26   The contractor is responsible for the movement/transportation of
27   all inmates within a 400 mile radius of the contract facility.
28   The contractor shall utilize restraint equipment identical to the
29   BOP’s (Peerless standard 10 oz. hand restraints and 15 oz. leg
30   restraints; American Padlock with a PTKB-1 key-way code 23638)
31   when one-for-one equipment exchange is required (e.g., airlifts).

                             RFP-PCC-0013 Page 43
1    Intelligence Operations

2    Policy and procedures for collecting, analyzing, disseminating
3    and safeguarding intelligence information regarding issues
4    affecting safety, security and the orderly operation of the
5    facility shall be developed.

6    The contractor shall have a position at the institution dedicated
7    to intelligence operations. The position shall be known as an
8    Intelligence Officer (IO).

 9   The contractor shall develop a urine and alcohol surveillance
10   program at the facility which complies with P.S. 6060.08, Urine
11   Surveillance and Narcotic Identification, dated 3/8/01, and CFR
12   28.550.10. Only laboratories certified by the Substance Abuse
13   and Mental Health Services Administration, Department of Health
14   and Human Services, shall be used for urine surveillance.

15   If authorized to do so under applicable law, the IO shall be
16   responsible for administration of the inmate telephone monitoring
17   program. These responsibilities include, but are not limited to:
18   gathering intelligence from monitored inmate telephone calls and
19   producing concise intelligence summaries of the calls; subject
20   matter expertise on inmate telephone monitoring procedures; and
21   use of telephone monitoring equipment.

22   All requests by law enforcement authorities, other than BOP
23   staff, regarding inmate telephone monitoring shall be immediately
24   referred to the COR.

25   The IO office shall have SENTRY access. The IO will be required
26   to utilize various BOP information data bases in the performance
27   of required duties. All IO computer hardware/software and
28   related telephone recording equipment/monitoring media shall be
29   designated as "Sensitive But Unclassified." Areas containing
30   such equipment shall be designated as "Restricted" and "Limited
31   Access" areas. Inmates are prohibited from entering or working
32   in the IO office and the inmate telephone monitoring and
33   telephone media library rooms.
35   The IO shall submit information and reports as requested by the
36   BOP. The IO shall provide the BOP with quarterly intelligence
37   updates relating to intelligence gathered by using the Automated
38   Intelligence Management System (AIMS). The IO shall participate
39   in meetings and training as requested by the BOP.

                           RFP-PCC-0013 Page 44
1    Intervention Equipment

2    The contractor shall submit to the COR a proposed inventory of
3    intervention equipment for approval (e.g., weapons, munitions,
4    chemical agents, electronics/stun technology, etc.) intended for
5    use during performance of this contract 30 days prior to NTP.
6    The contractor shall submit any changes to the intervention
7    equipment inventory to the COR for approval prior to use.

8    The use and carrying of weapons for training shall meet all
9    federal, state and local laws and regulations.

10   Reporting

11   The contractor shall report all criminal activity related to the
12   performance of this contract to the BOP and the appropriate law
13   enforcement investigative agency (e.g., state/local authorities,
14   Federal Bureau of Investigation, United States Marshals Service).

15   The contractor shall telephonically report immediately any
16   serious incident to the COR and submit a report of the incident
17   using Report of Incident (Form BP-A583) by the next business day.
18   Serious incidents include, but are not limited to: activation of
19   disturbance control team(s); disturbances (including gang
20   activities, group demonstrations, food boycotts, work strikes,
21   work-place violence, civil disturbances/protests); staff use of
22   force, including use of immediate, calculated lethal and less
23   lethal force; inmates in restraints more than eight hours;
24   assaults on staff/inmates resulting in injuries requiring medical
25   attention (does not include routine medical evaluation after the
26   incident); fights resulting in injuries requiring medical
27   attention; fires; full or partial lock down of the facility;
28   escapes; weapons discharge; suicide attempts; deaths; hunger
29   strikes; adverse incidents that attract unusual interest or
30   significant publicity; adverse weather (e.g., hurricanes, floods,
31   ice/snow storms, heat waves, tornadoes); fence damage; power
32   outages; bomb threats; central inmate monitoring cases (non-
33   separation) transported to a community hospital; significant
34   environmental problems that impact the facility operations;
35   transportation accidents (airlift, bus, etc.) resulting in
36   injuries, death or property damage; and inmate sexual assaults.

37   An After-Action Review Report (Form BP-A586) shall be generated
38   for all major incidents in accordance with P.S. 5500.12,
39   Correctional Services Procedures Manual, dated 10/10/03.

                              RFP-PCC-0013 Page 45
1    Attempts to apprehend escapee(s) shall be in accordance with the
2    contractor’s established emergency plans and procedures set forth
3    in P.S. 5553.07, Escapes/Deaths Notifications, dated 2/10/06, and
4    Report of Incident (Form BP-A583).

5    Investigations

6    The Government may investigate any incident pertaining to
7    performance of this contract. The contractor shall cooperate
8    with the Government on all such investigations.

9    Sexual Assault

10   The contractor shall comply with the policies and procedures for
11   establishment of a sexual abuse/assault program as contained in
12   P.S. 5324.06, Sexually Abusive Behavior Prevention and
13   Intervention Program, dated 4/27/05.

14   J.   Discipline

15   The contractor shall comply with the policy and procedures for
16   inmate discipline and SHU as contained in 28 CFR 541 and P.S.
17   5270.07, Inmate Discipline and Special Housing Units, dated
18   3/20/06. All data regarding the discipline incident report
19   process for inmates shall be entered into SENTRY.

20   K.   Inmate Rights

21   In addition to the contractor’s grievance policy, the contractor
22   shall develop procedures for inmates to file administrative
23   remedy appeals in accordance with 28 CFR Part 542 for issues
24   outside the contractor’s scope of responsibility as determined by
25   the BOP. The contractor shall accept and respond to the appeal
26   to the extent possible with further appeal to the BOP. Appeals
27   to the BOP must be submitted in the English language.

28   The contractor shall stock and provide inmates with BOP
29   administrative remedy forms. The contractor shall utilize SENTRY
30   to facilitate the administrative remedy process. When relief is
31   granted upon appeal, the contractor shall take corrective action
32   as indicated in the response.

                           RFP-PCC-0013 Page 46
1    The contractor shall comply with the Religious Freedom
2    Restoration Act of 1993, 42 USC 2000bb, et seq., and ensure the
3    religious services programs are consistent with this Act.

4    L.   Reception and Orientation

5    Admission and Release Procedures

6    The contractor shall comply with P.S. 5800.12, Receiving and
7    Discharge Manual, dated 8/17/98, when entering inmate admission
8    and release data.

 9   The search of inmates admitted to the facility or released to any
10   authority shall include a strip search performed by contractor
11   staff. The search shall be conducted by persons of the same
12   gender except in urgent circumstances.

13   Inmates shall be fingerprinted using Government supplied forms
14   and submitted to the FBI in accordance with P.S. 5800.12,
15   Receiving and Discharge Manual, dated 8/17/98.

16   The intake process shall include, at a minimum, medical, social
17   and psychological screening within 24 hours of inmate arrival at
18   the facility and prior to inmate release to the general
19   population. For all newly committed inmates, a psychological
20   assessment shall be completed within 14 days of arrival at the
21   facility. For inmates transferring from a BOP institution, a
22   psychological update of the inmate is sufficient in lieu of the
23   psychological assessment.

24   The contractor shall ensure all requirements related to P.S.
25   5180.04, Central Inmate Monitoring System, dated 8/16/96, are
26   maintained.

27   In cases where inmates are being transferred to or from foreign
28   countries, 28 CFR 527 and 18 USC 4100, et seq., shall be
29   followed.

30   P.S. 5580.07, Personal Property, Inmate, dated 12/28/05, provides
31   procedures related to inmate property. Property of inmates
32   transferred to other facilities shall meet the requirements of
33   the above Program Statement. In the event property outside the
34   scope of P.S. 5580.07 accompanies an inmate departing the
35   contract facility, the property shall be returned to the facility
36   for disposition at the contractor’s expense. All inmate personal

                            RFP-PCC-0013 Page 47
1    property shall be inventoried and an Inmate Personal Property
2    Record (Form BP-A383) completed upon inmate admission or
3    discharge.

4    DNA Analysis Procedures

 5   The contractor shall develop and implement procedures to comply
 6   with the DNA Analysis Backlog Elimination Act of 2000 (P.L. 106-
 7   546) and USA Patriot Act (P.L. 107-560). These laws require DNA
 8   samples to be obtained from inmates convicted of qualifying
 9   federal offenses as determined by the Attorney General. A list
10   of qualifying offenses, subject to change by determination of the
11   Attorney General, is included as an attachment in Section J.
12   Subsequent changes to the list of qualifying offenses shall be
13   disseminated to the contractor by the COTR. The law applies to
14   inmates with current or past qualifying offenses. The contractor
15   shall develop procedures to identify inmates currently in custody
16   who meet the statutory requirement for DNA testing. Inmates
17   coming into custody will have DNA requirements identified by the
18   BOP.

19   The FBI will supply standardized DNA collection kits to the
20   contractor. The FBI analyzes the collected samples and maintains
21   the Combined DNA Index System (CODIS).

22   The contractor shall adhere to the SENTRY instructions for DNA
23   collection as provided by the BOP. Inmates found to have
24   qualifying offenses will be identified thru SENTRY. DNA sampling
25   must occur prior to an inmate release. If an inmate has already
26   provided a DNA sample as identified in SENTRY, another sample is
27   not required.

28   The contractor shall provide notification using a BOP approved
29   format of the Notice of Release and Arrival (Form BP-A714) to the
30   appropriate authorities (United States Probation or Court
31   Services or Offender Supervision Agency) of each inmate releasing
32   to a term of community supervision and subject to this law,
33   indicating if a DNA sample has been collected.

34   M.   Classification

35   Inmates shall be housed in a unit where the contractor shall
36   ensure appropriate supervision, informal interaction and early
37   problem identification and resolution is provided.

                           RFP-PCC-0013 Page 48
1    Unit team members shall be accessible from the housing unit and
2    available to the population. Individual and group counseling
3    shall be available.

4    Programming shall be reviewed with individual inmates on a
5    regular basis.

 6   The contractor shall enter and keep current all required SENTRY
 7   transactions and written documentation related to the
 8   classification and program review of inmates, progress reports
 9   and Central Inmate Monitoring System. A system of records and
10   review to ensure compliance with P.S. 5100.08, Inmate Security
11   Designation and Custody Classification, dated 9/12/06, and 28 CFR
12   shall be maintained.

13   The contractor shall follow all applicable provisions related to
14   the Violent Crime Control and Law Enforcement Act of 1994 (P.L.
15   103-332) ensuring all notification requirements are accomplished
16   for appropriate inmates.

17   The facility shall develop and maintain a financial
18   responsibility system to assist the inmate in developing a
19   financial plan to meet legitimate financial obligations in
20   accordance with 28 CFR 545.10.

21   The contractor shall develop policy and procedures for the
22   facility concerning victim and/or witness notification for
23   appropriate inmates which meet the requirements outlined in
24   28 CFR 551 Subpart M, §551.150-551.153; Victim and Witness
25   Protection Act of 1982 (P.L. 97-291); Crime Control Act of 1990
26   (P.L. 101-647); and Violent Crime Control and Law Enforcement Act
27   of 1994 (P.L. 103-332).

28   The contractor shall develop policy and procedures to comply with
29   the provisions of the Adam Walsh Child Protection and Safety Act
30   of 2006 (H.R. 4472) as outlined in the Procedures for
31   Implementation of Walsh Act Civil Commitment of Sexually
32   Dangerous Persons located in Section J of the contract.

33   The procedures shall ensure the contractor reviews all inmate
34   files to determine qualifying conduct for establishing an
35   appropriate Adam Walsh Case Management Assignment (CMA)
36   assignment. No inmate shall be released without a Walsh CMA
37   assignment.

                           RFP-PCC-0013 Page 49
1    N.   Health Care

2    The contractor shall provide all essential health services while
3    meeting the applicable standards and levels of quality
4    established by the ACA and the designated BOP National Health
5    Care Accreditation Provider, The Joint Commission. In addition,
6    the contractor shall adhere to all applicable federal, state and
7    local laws and regulations governing delivery of health services.

 8   The contractor’s facility shall obtain full accreditation by the
 9   BOP’s accepted medical accreditation organization within 24
10   months of the NTP and shall maintain continual compliance with
11   the accreditation standards during performance of the contract.
12   The BOP’s current medical accreditation is by The Joint
13   Commission.

14   Failure to perform in accordance with contract requirements and
15   to obtain full accreditation by the BOP’s accepted medical
16   accreditation organization within 24 months of the NTP may result
17   in a reduction of the monthly operating price in accordance with
18   the contract terms.

19   The contractor shall provide medical services commensurate to the
20   level of care available in the community. The contractor is to
21   refer to the following list of BOP Program Statements (P.S.),
22   Operations Memoranda (OM) and Technical Reference Manuals (TRM)
23   as guides to the BOP’s standard of health care delivery:

24        P.S. 5310.12     Psychology Services Manual, dated 3/7/95
25        P.S. 6010.01     Psychiatric Treatment and Medication,
26                         Administration Safeguards for, dated 9/21/95
27        P.S. 6010.02     Health Services Administration, dated 1/15/05
28        P.S. 6013.01     Health Services Quality Improvement, dated
29                         1/15/05
30        P.S. 6027.01     Health Care Provider Credential Verification,
31                         Privileges, and Practice Agreement Program,
32                         dated 1/15/05
33        P.S.   6031.01   Patient Care, dated 1/15/05
34        P.S.   6080.01   Autopsies, dated 5/27/94
35        P.S.   6090.01   Health Information Management, dated 1/15/05
36        P.S.   6190.03   Infectious Disease Management, dated 6/28/05
37        P.S.   6270.01   Medical Designations and Referral Services
38                         for Federal Prisoners, dated 1/15/05
39        P.S. 6340.04     Psychiatric Services, dated 1/15/05

                             RFP-PCC-0013 Page 50
1         P.S.   6360.01     Pharmacy Services, dated 1/15/05
2         P.S.   6370.01     Laboratory Services, dated 1/15/05
3         P.S.   6400.02     Dental Services, dated 1/15/05
4         PRG    G6000I.04   Program Review Guidelines - Health Services
5                            Institution, dated 4/26/06
6         TRM    6001.03     SENTRY Sensitive Medical Data/Medical Duty
7                            Status/Acuity Status, dated 6/8/99
8         TRM    6501.06     Pharmacy, dated 2/28/01

9    Administration

10   Whenever possible, health care services shall be provided within
11   the facility Health Services Unit (HSU). The contractor shall
12   establish arrangements with local health care providers for
13   emergency and medical services necessary for outpatient and
14   inpatient health care not provided within the facility.

15   The contractor shall provide a minimum of one negative pressure
16   room within the institution with the ventilation rate a minimum
17   of 12 air exchanges per hour. The room shall also have an
18   exhaust system to direct flow of air from the room to the
19   outdoors or through High-Efficiency Particulate Air (HEPA)
20   filters. The contractor shall have a negative pressure sensor
21   device that will continuously monitor the pressure within the
22   room.

23   Services

24   The contractor shall have written plans and procedures for
25   providing urgent medical care, routine health care and mental
26   health and dental services for the facility. The plans shall
27   include, but are not limited to, the following: 24 hour
28   coverage, seven days a week, emergency medical treatment, health,
29   mental health and dental care; initial health screening; health
30   appraisal examination; daily triage of complaints; sick call
31   procedures; special medical programs and services for, but not
32   limited to, inmates with chronic health care needs or requiring
33   convalescent care; mental health and substance abuse services;
34   staffing/health care specialists; ancillary services - radiology,
35   laboratory, etc.; dental services - routine and emergency;
36   pharmaceutical services and supplies; optometry services; health
37   education; medical diets; infectious diseases; and quality
38   control/peer reviews.

                               RFP-PCC-0013 Page 51
 1   The written plans and procedures will include a plan listing the
 2   duties and responsibilities of all staff providing clinical
 3   services. The contractor shall ensure all duties and
 4   responsibilities of the clinical staff are consistent with BOP
 5   policy and applicable state licensing laws or regulations
 6   covering the practice of medicine, nursing, dentistry or other
 7   regulated clinical professions. Duties and responsibilities
 8   cannot exceed the scope of practice as defined for any provider.
 9   Staff performing medical services must be licensed or certified
10   as required by law or regulation. Copies of primary source
11   verification of credentials will be documented per BOP policy and
12   The Joint Commission standards.

13   The contractor shall adhere to Part 1 of the Pharmacy TRM, the
14   BOP National Formulary. The contractor shall obtain signed
15   informed consents for medications used for psychiatric treatment
16   which is located in the Pharmacy TRM.

17   Infectious Disease

18   The contractor shall comply with all Occupational Safety and
19   Health Administration (OSHA) regulations in the delivery of
20   health care services. The contractor shall ensure all inmates
21   are tested in accordance with P.S. 6190.03, Infectious Disease
22   Management, dated 6/28/05.

23   The contractor shall comply with the most recent Centers for
24   Disease Control and Prevention/Morbidity and Mortality Weekly
25   Report (CDC/MMWR) “Prevention and Control of Tuberculosis in
26   Correctional Facilities: Recommendations of the Advisory Council
27   for the Elimination of Tuberculosis” and “Guidelines for
28   Preventing Transmission of Mycobacterium Tuberculosis in Health-
29   care Facilities.”

30   The contractor shall comply with the most recent Department of
31   Health and Human Services (DHHS) and United States Public Health
32   Service (USPHS) guidelines related to the treatment of HIV and
33   AIDS. These guidelines are available at
34   Specific guidelines include:

35        •    “Guidelines for the Use of Antiretroviral Agents in
36             HIV-Infected Adults and Adolescents”
37        •    “Guidelines for the Prevention of Opportunistic
38             Infections in Persons Infected with HIV”

                           RFP-PCC-0013 Page 52
1         •    “Guidelines for the Management of Occupational
2              Exposures to HBV, HCV, and HIV and Recommendations for
3              Postexposure Prophylaxis”
4         •    “Management of Possible Sexual, Injecting-Drug-Use, or
5              Other Nonoccupational Exposure to HIV, Including
6              Considerations Related to Antiretroviral Therapy”
7         •    Prevention and Treatment of Tuberculosis Among Patients
8              Infected with Human Immunodeficiency Virus: Principles
9              of Therapy and Revised Recommendations”

10   The contractor shall comply with P.S. 6190.03, Infectious Disease
11   Management, dated 6/28/05, regarding the testing of inmates for
12   HIV, Hepatitis B and Hepatitis C.

13   The contractor shall comply with the most recent National
14   Institutes of Health (NIH) “Consensus Development Conference
15   Statement on the Management of Hepatitis C.”

16   The contractor shall provide preventive health care to include
17   immunizations consistent with those recommended by the United
18   States Preventive Health Task Force.

19   For the treatment of chronic diseases, the contractor shall use
20   current evidence-based clinical treatment guidelines promulgated
21   by nationally recognized sources, such as the National Asthma
22   Education Program; Joint National Committee on Prevention,
23   Detection, Evaluation and Treatment of High Blood Pressure;
24   National Cholesterol Education Program; American Diabetes
25   Association; and American Psychiatric Association. The BOP
26   Health Services Division has issued clinical treatment guidelines
27   from the Office of the Medical Director based upon these and
28   other nationally recognized guidelines and tailored to the
29   correctional environment. These are available from the Health
30   Services Division or at

31   The contractor shall establish a clinical care quality and
32   performance improvement program along with quality measurement
33   system for health care services.
35   Inmate Death

36   In the event of inmate death, the contractor shall immediately
37   notify the COR and submit a written report to the COR and BOP
38   Medical Director within 24 hours. The written report shall
39   include, at a minimum: name of the deceased, age, register

                           RFP-PCC-0013 Page 53
1    number, date of death, preliminary cause of death, place of
2    death, narrative containing brief clinical synopsis of events
3    leading to death (including staff response and hospitalization)
4    and past medical history. If an autopsy is to be performed, this
5    information should be included. If the death occurred in the
6    community hospital, length of hospitalization or emergency care
7    must be included. A copy of this report must be sent to the
8    appropriate Regional Health Services Administrator, Regional
9    Medical Director and the BOP Office of Quality Management (OQM).

10   If death is due to violence, an accident surrounded by unusual or
11   questionable circumstances or is sudden and the deceased has not
12   been under immediate medical supervision, the contractor shall
13   notify the coroner of the local jurisdiction to request review of
14   the case and, if necessary, examination of the body (e.g.,
15   autopsy). The contractor shall obtain the autopsy report if one
16   is performed and submit it along with the Mortality Review Report
17   mentioned below. If the autopsy, toxicology or tissue analysis
18   is not completed by the coroner in the 30 day time frame
19   mentioned below, OQM should be notified and the results forwarded
20   as soon as they are available. The contractor shall establish
21   coroner notification procedures outlining such issues as
22   performance of an autopsy, who will perform the autopsy,
23   obtaining state-approved death certificates and local
24   transportation of the body.

25   Within 30 days of an inmate death, the Mortality Review Committee
26   will complete the Mortality Review Report in its entirety and
27   send it, accompanied by the original health record, to the Health
28   Services Division, Office of Quality Management. Final autopsy
29   reports, toxicology studies, etc. are to be forwarded to OQM
30   immediately upon receipt. The contractor is required to conduct
31   the mortality review using the Multi-Level Mortality Review (Form
32   BP-A563) and submitting to the BOP Medical Director with a copy
33   to the COR. P.S. 6013.01, Health Services Quality Improvement,
34   dated 1/15/05, should be consulted for guidance. An external
35   consultant will review the report and provide written
36   recommendations to the contractor via the Medical Director.

37   If the Mortality Review Committee finds opportunities to improve
38   the quality of care, the plan of action for improvement shall be
39   incorporated into the contractor’s Quality Control Program. If
40   the external consultant recommends improvement action, the
41   contractor must document compliance with these recommendations
42   and report action taken to the BOP Medical Director within 90
43   days of receipt of the recommendations.

                           RFP-PCC-0013 Page 54
1    The contractor shall fingerprint (right thumb or right index) the
2    deceased. Staff performing the fingerprinting shall date and
3    sign the fingerprint card to ensure positive identification has
4    been made and file the card in the inmate’s file.

5    The contractor is responsible for preparation and transportation
6    of the body to the designated family member, nearest of kin or
7    Consular Officer of the inmate's country of legal residence.

 8   Personal property of the deceased inmate shall be inventoried and
 9   forwarded to the designated family member, nearest of kin or
10   Consular Officer of the inmate’s country of legal residence.

11   Medical Records

12   Consistency in content and format of medical records of inmates
13   transferring between the facilities and other Government
14   facilities is a critical component of care for inmates.

15   The contractor shall adhere to the P.S. 6090.01, Health
16   Information Management, dated 1/15/05, in release of information
17   and all medico-legal aspects of an inmate’s medical record.

18   The contractor shall comply   with P.S. 6031.01, Patient Care,
19   dated 1/15/05, on Sensitive   Medical Data/Medical Duty Status
20   (SMD/MDS) for the reporting   and accountability of medical data on
21   all inmates assigned to the   facility, including utilizing the

23   The contractor shall comply with P. S. 6270.01, Medical
24   Designations and Referral Services for Federal Prisoners, dated
25   1/15/05, regarding transfers and medical designations of inmates
26   assigned to the facility. Medical designations to BOP medical
27   centers or other Government facilities will be at the sole
28   discretion of the BOP. In order to transport, the inmate must be
29   medically cleared and stable for their mode of travel.

30   The contractor shall furnish prescription eyeglasses to any
31   inmate whose vision is 20/50 or worse in any eye.

32   Telehealth - The BOP utilizes Telehealth whenever possible and
33   encourages the contractor to utilize Telehealth also.

                           RFP-PCC-0013 Page 55
1    O.   Work and Correctional Industries

2    Inmate labor shall be used in accordance with the inmate work
3    plan developed by the contractor. The inmate work plan may
4    include work or program assignments for industrial, maintenance,
5    custodial, service or other jobs.

 6   Inmates shall not be used to perform the responsibilities or
 7   duties of an employee of the contractor. Appropriate safety/
 8   protective clothing and equipment shall be provided to the inmate
 9   population as appropriate. Inmates shall not be assigned work
10   considered hazardous or dangerous. This includes, but is not
11   limited to, areas or assignments requiring great heights, extreme
12   temperatures, use of toxic substances or unusual physical
13   demands.

14   As applicable, inmates shall be paid identical rates of pay as
15   those established by the BOP. Current established rates are in
16   P.S. 5251.05, Inmate Work and Performance Pay, dated 12/31/98,
17   and 28 CFR 545.20.

18   P.   Academic and Vocational Education

19   The contractor may provide voluntary educational programs (e.g.,
20   English-as-a-Second-Language).

21   The contractor shall comply with the Protection of Children from
22   Sexual Predators Act of 1998 (P.L. 105-314). Inmates shall be
23   restricted from access to interactive computer services.

24   Newspapers and other reading materials in languages applicable to
25   the inmate population shall be provided in sufficient quantity
26   and in a timely manner.

27   The contractor shall develop and make available to all inmates an
28   education program which addresses the subject of sexual
29   assault/sexual abuse. The content of the educational program
30   must include topics such as: recognizing behaviors that are
31   inappropriate, harassing or assaultive; how to seek protection;
32   privacy rights; medical/psychological programs for victims of
33   abuse; and how to make confidential reporting of sensitive issues
34   to institution staff, BOP or DOJ Office of Inspector General
35   (OIG). The contractor shall augment the educational program by
36   distributing informational posters and pamphlets to the inmate
37   population.

                            RFP-PCC-0013 Page 56
1    Q.   Recreation and Activities

2    The contractor shall comply with Section 611 of P.L. 104-208,
3    Title I, Section 101(a)(the Zimmer Amendment), which addresses
4    use of recreational equipment and materials by federal inmates.
5    The contractor shall develop adequate and meaningful recreation
6    programs for inmates at the facility.

 7   The contractor shall not permit any of the restricted items or
 8   practices identified in Sections 612 and 615 of The Commerce,
 9   Justice, State Appropriations Act of 2000 (P.L. 106-113), as
10   amended or re-authorized, in the facility.
12   R.   Telephone

13   The contractor shall provide a telephone system for inmates
14   capable of accommodating both debit and collect telephone calls.
15   The contractor shall establish procedures that permit inmates to
16   make telephone calls, including in cases of emergency or
17   indigence.

18   The contractor shall implement telephone limitations as directed
19   by the BOP.

20   Inmates in the Special Housing or Control Unit are entitled to a
21   minimum of one social call per month.

22   The system shall prevent inmates from calling any telephone
23   number not included on the inmate’s official telephone list.
24   Once an inmate submits the initial list, it must be processed
25   (ordinarily within five work days) and may contain up to 30
26   telephone numbers the inmate is authorized to call. Calls may be
27   made via debit or collect procedures except as otherwise
28   authorized by the Warden of the facility for good cause. The
29   contractor shall ensure any individual (United States residents
30   only) placed on an inmate’s telephone list receives notice they
31   have been placed on such a list and document same. The
32   contractor shall ensure the individual is provided with the means
33   to remove themselves from the list.

34   A telephone number for a victim or a witness (as identified on
35   the Pre-Sentence Investigation Report or as otherwise verified by
36   staff) or telephone numbers assigned to any BOP institution,
37   office or component or any telephone number of a recently
38   separated or current contract/BOP employee may not be placed on

                            RFP-PCC-0013 Page 57
1    an inmate's telephone list without the Warden's express written
2    permission.

3    The contractor shall allow each inmate the opportunity to update
4    their telephone list no more than three times per month except as
5    otherwise authorized by the Warden of the facility for good
6    cause.

 7   If authorized to do so under applicable law, the contractor shall
 8   monitor and record inmate telephone conversations. The
 9   contractor shall provide notice to inmates of the potential for
10   monitoring. However, the contractor shall also provide
11   procedures at the facility for inmates to be able to place
12   unmonitored telephone calls to their attorneys of record.

13   Telephone rates shall not exceed the dominant carrier residential
14   tariff rate and shall conform to all applicable federal, state
15   and local telephone regulations.

16   Any income received by the contractor as a result of inmate
17   telephone calls which is in excess of expenses incurred (to
18   include refunds/rebates from carriers) shall offset the cost of
19   this contract. The contractor shall provide the CO with copies
20   of any contracts between the contractor and the inmate telephone
21   system provider(s). The contractor shall provide the CO with all
22   documentation in support of any agreement the contractor has
23   regarding income, refunds, rebates and other monetary or non-
24   monetary reimbursements involving the inmate telephone system.
25   The contractor shall also provide the CO and COR with copies of
26   all invoices and other documentation of expenses incurred and
27   income received in regards to the inmate telephone system with
28   its monthly request for contract payment and apply the credit
29   against the monthly payment. The CO and COR shall have total
30   access to all telephone operation records.

31                           [End of Section]

                           RFP-PCC-0013 Page 58

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