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STATE OF ALASKA
Department of Corrections
Division of Administrative Services
rd
802 3 Street
Douglas, AK 99824
Request for Proposals
RFP # 2005-2000-4544
Date of Issue: December 17, 2003
Title and Purpose of RFP:
1,000 Bed
Adult Multi-Custody Level Prison Facility
and Program Services
Offerors Are Not Required To Return This Form
IMPORTANT NOTICE: If you received this solicitation from the State‟s “Online Public Notice” web
site, you must register with the Procurement Officer listed on this document to receive subsequent
amendments. Failure to contact the Procurement Officer may result in the rejection of your offer.
Al Szepanski Mike Addington, Director of Institutions
Procurement Manager Project Director
Department of Corrections Department of Corrections
TABLE OF CONTENTS
SECTION ONE
INTRODUCTION AND INSTRUCTIONS PAGE
1.01 Return Mailing Address, Contact Person, Telephone &
Fax Numbers, Deadline for Receipt of Proposals .............................................................. 1
1.02 Contract Term & RFP Schedule ......................................................................................... 1
1.03 Purpose of the Request for Proposal (RFP) ....................................................................... 2
1.04 Budget ................................................................................................................................. 2
1.05 Location of Work ................................................................................................................. 2
1.06 Assistance to Offerors with a Disability............................................................................... 3
1.07 Required Review ................................................................................................................. 3
1.08 Questions Received Prior to Opening of Proposals ........................................................... 3
1.09 Amendments to the RFP..................................................................................................... 3
1.10 Alternate Proposals ............................................................................................................. 4
1.11 Right of Rejection ................................................................................................................ 4
1.12 State Not Responsible for Preparation Costs .................................................................... 4
1.13 Disclosure of Proposal Contents ....................................................................................... 4
1.14 Subcontractors .................................................................................................................... 5
1.15 Joint Ventures ..................................................................................................................... 5
1.16 Offeror‟s Certification .......................................................................................................... 5
1.17 Conflict of Interest ............................................................................................................... 6
1.18 Right to Inspect Place of Business ..................................................................................... 6
1.19 Solicitation Advertising ........................................................................................................ 6
1.20 News Releases ................................................................................................................... 6
1.21 Severability .......................................................................................................................... 7
1.22 Federal Requirements ........................................................................................................ 7
1.23 Lobbying .............................................................................................................................. 7
1.24 Right To Cancel RFP .......................................................................................................... 7
SECTION TWO
STANDARD PROPOSAL INFORMATION
2.01 Authorized Signature ......................................................................................................... 8
2.02 Pre-proposal Conference .................................................................................................... 8
2.03 Site Inspection..................................................................................................................... 8
2.04 Amendments to Proposals .................................................................................................. 8
2.05 Supplemental Terms and Conditions ................................................................................. 8
2.06 Clarification of Offers .......................................................................................................... 8
2.07 Discussions with Offerors ................................................................................................... 9
2.08 Prior Experience & Mandatory Qualifications ..................................................................... 9
2.09 Evaluation of Proposals .................................................................................................... 10
2.10 Vendor Tax ID ................................................................................................................... 10
2.11 F.O.B. Point ....................................................................................................................... 10
2.12 Alaska Business License & Other Required Licenses ..................................................... 10
2.13 Application of Preferences ................................................................................................ 11
2.14 5% Alaskan Bidder Preference ......................................................................................... 11
2.15 Formula used to Convert Costs to Points ......................................................................... 12
2.16 Alaska Offeror‟s Preference .............................................................................................. 13
RFP # 2005-2000-4544 i Adult Prison Facility
2.17 Contract Negotiations ....................................................................................................... 13
2.18 Failure to Negotiate ........................................................................................................... 14
2.19 Notice of Intent to Award (NIA) - Offeror Notification of Selection ................................... 14
2.20 Protest ............................................................................................................................... 14
SECTION THREE
STANDARD CONTRACT INFORMATION
3.01 Contract Type .................................................................................................................... 16
3.02 Contract Approval ............................................................................................................. 16
3.03 Standard Contract Provisions ........................................................................................... 16
3.04 Proposal as a Part of the Contract.................................................................................... 16
3.05 Additional Terms and Conditions ...................................................................................... 16
3.06 Insurance Requirements ................................................................................................... 16
3.07 Bid Bond-Performance Bond-Surety Deposit ................................................................... 18
3.08 Utilities ............................................................................................................................... 18
3.09 Contract Funding .............................................................................................................. 18
3.10 Proposed Payment Procedures ........................................................................................ 18
3.11 Contract Payment ............................................................................................................. 19
3.12 Informal Debriefing ............................................................................................................ 19
3.13 Contract Personnel ........................................................................................................... 19
3.14 Specification of Audit Criteria and Corrective Action Procedures .................................... 19
3.15 Disputes ............................................................................................................................ 20
3.16 Termination ...................................................................................................................... 21
3.17 Liquidated Damages ........................................................................................................ 21
3.18 Contract Changes – Anticipated Amendments ................................................................ 21
3.19 Contract Changes – Unanticipated Amendments ............................................................ 22
3.20 Contract Extension ............................................................................................................ 22
3.21 Transition At End of Contract ............................................................................................ 22
3.22 Per Diem Adjustment & CPI Adjustment .......................................................................... 22
3.23 Contract Invalidation ......................................................................................................... 23
3.24 Performance Standards .................................................................................................... 23
3.25 Investigation & Litigation ................................................................................................... 23
3.26 Continuing Education ........................................................................................................ 23
3.27 Records ............................................................................................................................. 23
3.28 Research ........................................................................................................................... 24
3.29 Format of Reports and Data ............................................................................................. 24
3.30 Legal Proceedings ............................................................................................................ 24
3.31 Assignment ....................................................................................................................... 24
3.32 Intellectual Property .......................................................................................................... 24
3.33 Excusable Delays.............................................................................................................. 24
3.34 Prohibition of Bribes, Gratuities, & Kickbacks .................................................................. 25
3.35 Non-Compliance Penalties ............................................................................................... 25
SECTION FOUR
SCOPE OF WORK
4.01 Introduction & Background Information ............................................................................ 30
4.02 Definitions ......................................................................................................................... 30
4.03 Administration ................................................................................................................... 33
RFP # 2005-2000-4544 ii Adult Prison Facility
4.04 Staffing and Human Resources ........................................................................................ 36
4.05 Training ............................................................................................................................. 38
4.06 Fiscal Management Practices ........................................................................................... 39
4.07 Prisoner Management Practices ....................................................................................... 40
4.08 Security and Control.......................................................................................................... 43
4.09 Facility Requirements........................................................................................................ 45
4.10 Classification and Parole Planning ................................................................................... 46
4.11 Records and Reporting ..................................................................................................... 48
4.12 Prisoner Activities and Programs ...................................................................................... 48
4.13 Support Services ............................................................................................................... 52
4.14 Health Care Services ........................................................................................................ 54
SECTION FIVE
PROPOSAL FORMAT AND CONTENT
5.01 Proposal Format and Content ........................................................................................... 80
5.02 Table of Contents .............................................................................................................. 80
5.03 Introduction ....................................................................................................................... 81
5.04 Technical Proposal ........................................................................................................... 81
5.05 Cost Proposal.................................................................................................................... 83
5.06 Budget Narrative ............................................................................................................... 90
5.07 Alaska Offeror‟s Preference .............................................................................................. 90
5.08 Evaluation Criteria ............................................................................................................. 90
SECTION SIX
EVALUATION CRITERIA AND CONTRACTOR SELECTION
6.01 Technical Proposal Evaluation ......................................................................................... 91
6.02 Cost Proposal Evaluation.................................................................................................. 91
6.03 Cost Proposal Narrative .................................................................................................... 91
6.04 Alaskan Offeror‟s Preference............................................................................................ 91
SECTION SEVEN
ATTACHMENTS
7.01 Attachments ..................................................................................................................... 92
RFP # 2005-2000-4544 iii Adult Prison Facility
SECTION ONE
INTRODUCTION AND INSTRUCTIONS
1.01 Return Mailing Address, Contact Person, Telephone & Fax Numbers, Deadline
for Receipt of Proposals
Offerors must submit an original plus six copies of their proposal, in writing, to the
procurement officer in a sealed package. It must be addressed as set out below.
Department of Corrections
Division of Administrative Services
Attention: Al Szepanski, Procurement Officer
RFP # 2005-2000-4544, Adult Prison Facility
802 3rd Street, Room 212A
Douglas, AK 99824
IMPORTANT: Proposals must be clearly marked on the outside of the sealed package with
the RFP number.
Proposals must be received no later than 3:30 p.m., Alaska prevailing time on January 12,
2004. Neither faxed nor oral proposals are acceptable.
An offeror's failure to submit their proposal prior to the deadline will cause their proposal to be
disqualified. Late proposals or amendments will not be accepted for evaluation.
Procurement Officer: All questions and correspondence regarding this request for proposals
should be directed to:
Al Szepanski
Phone (907) 465-3346
fax (907) 465-2006
TDD (907) 465-3274
email: al_szepanski@correct.state.ak.us
One RFP is provided by the State at no charge. Additional RFPs may be purchased for the
cost of reproduction, $.25 per page.
1.02 Contract Term & Work Schedule
The contract term and work schedule set out herein represent the State of Alaska's best
estimate of the schedule that will be followed. If a component of this schedule, such as the
opening date, is delayed, the rest of the schedule will likely be shifted by the same number of
days. The length of the contract will be from approximately November 1, 2004 (optional start
date of July 1, 2004) to June 30, 2008, with possible extensions to October 31, 2014. Any
agreements entered into will be subject to the needs of the DOC and upon legislative
appropriation of funds.
The approximate contract schedule is as follows:
A. Issue RFP – December 17, 2003
B. Pre-proposal conference – A pre-proposal conference is not currently scheduled.
C. Questions Deadline – January 2, 2004
RFP # 2005-2000-4544 1 Adult Prison Facility
D. Proposals Due – January 12, 2004
E. Proposal Evaluation Committee completes evaluation by – February 13, 2004
F. State issues Notice of Intent to Award a Contract – February 23, 2004
G. State issues contract – March 12, 2004
H. Contract starts – November 1, 2004 (Note: the State reserves the right to negotiate a
sooner start date, no earlier than July 1, 2004, if it is in the best interests of the State).
I. first contractor work period – November 1, 2004 – June 30, 2008
J. second period of performance (if State exercises option to renew) – July 1, 2008 –
June 30, 2009
K. third period of performance (if State exercises option to renew) – July 1, 2009 – June
30, 2010
L. fourth period of performance (if State exercises option to renew) – July 1, 2010 –
June 30, 2011
M. fifth period of performance (if State exercises option to renew) – July 1, 2011– June
30, 2012
N. sixth period of performance (if State exercises option to renew) – July 1, 2012 – June
30, 2013
O. seventh period of performance (if State exercises option to renew) – July 1, 2013 –
June 30, 2014
P. final period of performance (if State exercises option to renew) – July 1, 2014 –
October 31, 2014
Note: If the DOC determines it is in the best interest of the State, the DOC reserves the right
to change the schedule of a contract resulting from this RFP from fiscal year periods of
performance to a multi-term contract.
1.03 Purpose of the Request for Proposal (RFP)
The Department of Corrections, Division of Institutions is soliciting proposals nationwide for a
1,000 bed Multi-Custody Prison Facility and Program Services. A single facility must house all
1,000 prisoners. If a facility with a capacity over 1,000 is offered the State will consider multiple
facilities to house its prisoners, but at least 1,000 beds must be in one facility or complex for
Alaskan prisoners. Per diem rates will be negotiated and the use of multiple facilities are subject
to mutual consent for placements exceeding 1000 prisoners. Required population custody levels
are approximately: 1% Maximum, 37% Close, 34% Medium and 28% Minimum. Some offenders
may have serious medical and or/ mental health conditions and/or may be sex offender.
1.04 Budget
The Department of Corrections, Division of Institutions, does not currently identify a specific
appropriation for its out of state prison beds. The more general appropriation includes many
other cost allocations and does not specifically identify funds for these 1,000 beds. Services
and costs will vary accordingly and are subject to continued Legislative funding.
1.05 Location of Work
The work is to be performed, completed and managed at a facility provided by the contractor in
the United States. The State will not provide workspace for the contractor. The contractor must
include in their price proposal all facility, staff, prisoner transport to and from designated airport
RFP # 2005-2000-4544 2 Adult Prison Facility
close to Facility, food, prisoner medical and mental health treatment, education, counseling, and
employment and GED opportunities, etc., as described in this RFP, attached draft contract, and
attachments.
1.06 Assistance to Offerors With a Disability
Offerors with a disability may receive accommodation regarding the means of communicating
this RFP or participating in the procurement process. For more information contact the
procurement officer no later than ten days prior to the deadline for receipt of proposals.
1.07 Required Review
Offerors should carefully review this solicitation for defects and questionable or objectionable
material. Comments concerning defects and objectionable material must be made in writing
and received by the procurement officer at least ten days before the proposal opening. This
will allow issuance of any necessary amendments. It will also help prevent the opening of a
defective solicitation and exposure of offeror's proposals upon which award could not be
made. Protests based on any omission or error, or on the content of the solicitation, will be
disallowed if these faults have not been brought to the attention of the procurement officer, in
writing, at least ten days before the time set for opening (proposal due date).
The DOC policies and procedures referenced within this document are available for review on
the DOC web site at: www.correct.state.ak.us/corrections/pnp/Master_TOC.htm or paper
copies may be obtained by contacting the Contracting Officer listed in Section 1.01.
1.08 Questions Received Prior to Opening of Proposals
All questions must be received by 3:30 p.m. on January 2, 2004 and must be in writing
(mailed or faxed) and directed to the procurement officer (name and address in section 1.01).
Telephone conversations must be confirmed in writing by the interested party. The receipt of
questions must be at least 10 days before the due date of proposals. The issuing office shall
issue, in writing, to all prospective offerors any necessary clarification or amendment to the
RFP. If appropriate, the proposal due date will be extended for a reasonable period to allow
offerors to modify their proposals. Individual oral explanations or instructions will not be
considered binding.
Two types of questions generally arise. One may be answered by directing the questioner to
a specific section of the RFP. These questions may be answered over the telephone. Other
questions may be more complex and may require a written amendment to the RFP. The
procurement officer will make that decision.
1.09 Amendments to the RFP
If an amendment is issued it will be provided to all who were mailed a copy of the RFP and to
those that have registered with the Procurement Officer as having downloaded the RFP from
the State of Alaska Online Public Notice web site.
RFP # 2005-2000-4544 3 Adult Prison Facility
1.10 Alternate Proposals
Offerors may only submit one proposal for evaluation. In accordance with 2 AAC 12.830,
alternate proposals (proposals that offer something different than what is asked for) will be
rejected.
1.11 Right of Rejection
Offerors must comply with all of the terms of the RFP, the State Procurement Code (AS
36.30), and all applicable local, State, and federal laws, codes, and regulations. The
procurement officer may reject any proposal that does not comply with all of the material and
substantial terms, conditions, and performance requirements of the RFP.
Offerors may not qualify the proposal nor restrict the rights of the State. If an offeror does so,
the procurement officer may determine the proposal to be a non-responsive counter-offer and
the proposal may be rejected.
Minor informalities that:
do not affect responsiveness;
are merely a matter of form or format;
do not change the relative standing or otherwise prejudice other offers;
do not change the meaning or scope of the RFP;
are trivial, negligible, or immaterial in nature;
do not reflect a material change in the work; or
do not constitute a substantial reservation against a requirement or provision,
may be waived by the procurement officer.
The State reserves the right to refrain from making an award if it determines that to be in its
best interest. A proposal from a debarred or suspended offeror shall be rejected.
1.12 State Not Responsible for Preparation Costs
The State will not pay any cost associated with the preparation, submittal, presentation, or
evaluation of any proposal.
1.13 Disclosure of Proposal Contents
All proposals and other material submitted become the property of the State of Alaska and
may be returned only at the State's option. AS 09.25.110 requires public records to be open
to reasonable inspection. All proposal information, including detailed price and cost
information, will be held in confidence during the evaluation process and prior to the time a
Notice of Intent to Award is issued. Thereafter, proposals will become public information.
Trade secrets and other proprietary data contained in proposals may be held confidential if
the offeror requests, in writing, that the procurement officer does so, and if the procurement
officer agrees, in writing, to do so. Material considered confidential by the offeror must be
clearly identified and the offeror must include a brief statement that sets out the reasons for
confidentiality.
RFP # 2005-2000-4544 4 Adult Prison Facility
1.14 Subcontractors
Subcontractors may be used to perform work under this contract under certain conditions. If
an offeror intends to use subcontractors, the offeror must identify in the proposal the names
of the subcontractors and the specific tasks and portions of the work the subcontractors will
perform. Subcontracting shall not in any way relieve the contractor of responsibility for the
professional and technical accuracy and adequacy of the work and compliance with the
contract.
Copies of any agreements or commitments between the offeror and potential subcontractors
should be included in the proposals.
If a proposal with subcontractors is selected, the offeror must provide the following
information concerning each prospective subcontractor within five working days from the date
of the State's request:
[a] complete name of the subcontractor,
[b] complete address of the subcontractor,
[c] type of work the subcontractor will be performing,
[d] percentage of work the subcontractor will be providing,
[e] evidence, as set out in the relevant section of this RFP, that the subcontractor holds a
valid Alaska business license, and
[f] a written statement, signed by each proposed subcontractor, that clearly verifies that
the subcontractor is committed to render the services required by the contract.
An offeror's failure to provide this information. within the time set, may cause the State to
consider their proposal non-responsive and reject it. The substitution of one subcontractor for
another may be made only at the discretion and prior written approval of the Director of
Institutions.
Subsequent to the contract being awarded, the Contractor must obtain prior written approval
of any change in subcontractors and any new subcontracts.
See also Section 4.14 (T) regarding subcontracting for medical services.
1.15 Joint Ventures
Joint ventures will not be allowed.
1.16 Offeror's Certification
By signature on the proposal, offerors certify that they comply with:
A. the laws of the State of Alaska and any regulations issued thereunder,
B. the applicable portion of the Federal Civil Rights Act of 1964,
C. the Equal Employment Opportunity Act and the regulations issued thereunder by the
federal government,
D. the Americans with Disabilities Act of 1990, and the regulations issued thereunder by
the federal government,
RFP # 2005-2000-4544 5 Adult Prison Facility
E. all terms and conditions set out in this RFP,
F. a condition that the proposal submitted was independently arrived at, without
collusion, under penalty of perjury,
G. that their offers will remain open and valid for at least 120 days (from the proposal due
date), and
H. contract conform with the Americans with Disabilities Act of 1990, and the regulations
issued thereunder by the federal government. (The cost of compliance will be the
responsibility of the Contractor.)
If any offeror fails to comply with [a] through [h] of this paragraph, the State reserves the right
to disregard the proposal, terminate the contract, or consider the contractor in default.
1.17 Conflict of Interest
Each proposal shall include a statement indicating whether or not the firm or any individuals
working on the contract has a possible conflict of interest (e.g., employed by the State of
Alaska or has a relative under the supervision of the Alaska Department of Corrections) and,
if so, the nature of that conflict. The Commissioner, Department of Corrections, or designee,
reserves the right to cancel the award if any interest disclosed from any source could either
give the appearance of a conflict or cause speculation as to the objectivity of the program to
be developed by the offeror. The Commissioner's determination regarding any questions of
conflict of interest shall be final.
1.18 Right to Inspect Place of Business
The CONTRACTOR shall provide the State of Alaska DOC, and any other legally authorized
governmental entity, the right to enter at all reasonable times the CONTRACTOR‟S premises
or other places where work under this contract is performed to inspect, monitor or otherwise
evaluate the quality, appropriateness, and timeliness of services performed under this
contract. The CONTRACTOR shall provide reasonable facilities and assistance for the safety
and convenience of the persons performing those duties (e.g. assistance from
CONTRACTOR staff to retrieve and/or copy materials. All inspection, monitoring and
evaluation must be performed in such a manner as not to unduly interfere with the work being
performed under this contract. All inspections or audits shall be conducted in a manner to not
unduly interfere with the performance of CONTRACTOR‟S or any subcontractors activities.
The CONTRACTOR shall be given 10 working days to respond to any findings of an audit
before the State shall finalize its findings. All information so obtained will be accorded
confidential treatment as provided under applicable law.
1.19 Solicitation Advertising
Public notice has been provided in accordance with 2 AAC 12.220.
1.20 News Releases
News releases or other public disclosures related to this RFP will not be made without prior
approval of the Commissioner of Corrections, and then only in coordination with the project
director.
RFP # 2005-2000-4544 6 Adult Prison Facility
1.21 Severability
If any provision of the contract or agreement is declared by a court to be illegal or in conflict
with any law, the validity of the remaining terms and provisions will not be affected. The rights
and obligations of the parties will be construed and enforced as if the contract did not contain
the particular provision held to be invalid.
1.22 Federal Requirements
The offeror must identify all known federal requirements that apply to the proposal, the
evaluation, or the contract.
1.23 Lobbying
The contractor shall not utilize any funds (except profit factors) generated from any contract
awarded as a result of this RFP for lobbying activity.
1.24 Right to Cancel RFP
The state retains the right to cancel this Request for Proposal in accordance with AS
36.30.350.
RFP # 2005-2000-4544 7 Adult Prison Facility
SECTION TWO
STANDARD PROPOSAL INFORMATION
2.01 Authorized Signature
All proposals must be signed by an individual authorized to bind the offeror to the provisions
of the RFP. Proposals must remain open and valid for at least 150 days from the opening
date.
2.02 Pre-proposal Conference - Not used
2.03 Site Inspection
The State may conduct on-site visits as part of the proposal evaluation process. The purpose
would be to evaluate the offeror‟s capacity to perform the contract and to evaluate the facility
proposed. An offeror must agree, at risk of being found non-responsive and having their
proposal rejected, to provide the State reasonable access to relevant portions of their work
sites. Site inspection will be made by individuals designated by the procurement officer and
at the State‟s expense.
2.04 Amendments to Proposals
Amendments to or withdrawals of proposals will only be allowed if acceptable requests are
received prior to the deadline set for receipt of proposals. No amendments or withdrawals will
be accepted after the deadline unless they are in response to the State's request in
accordance with 2 AAC 12.290.
2.05 Supplemental Terms and Conditions
Proposals must comply with Section 1.11 Right of Rejection. However, if the State fails to
identify or detect supplemental terms or conditions that conflict with those contained in this
RFP or that diminish the State‟s rights under any contract resulting form the RFP, the term(s)
or condition(s) will be considered null and void. After award of contract:
A. if conflict arises between a supplemental term or condition included in the proposal
and a term or condition of the RFP, the term or condition of the RFP will prevail; and
B. if the State's rights would be diminished as a result of application of a supplemental
term or condition included in the proposal, the supplemental term or condition will be
considered null and void.
2.06 Clarification of Offers
In order to determine if a proposal is reasonably susceptible for award, communications by
the procurement officer or the proposal evaluation committee are permitted with an offeror to
clarify uncertainties or eliminate confusion concerning the contents of a proposal.
Clarifications may not result in a material or substantive change to the proposal. The
RFP # 2005-2000-4544 8 Adult Prison Facility
evaluation by the procurement officer or the proposal evaluation committee may be adjusted
as a result of a clarification under this section.
2.07 Discussions with Offerors
The State may conduct discussions with offerors in order to determine if a proposal is
reasonably susceptible for award in accordance with 2 AAC 12.285. Such discussions
between the offeror and the procurement officer or the Procurement Evaluation Committee
(PEC) are permitted to clarify uncertainties or eliminate confusion concerning the contents of
a proposal and which do not result in a material or substantive change to the proposal.
The State may also conduct discussions with offerors for the purpose of clarification in
accordance with AS 36.30.240, and 2 AAC 12.290. The purpose of these discussions will be
to ensure full understanding of the requirements of the RFP and proposal. Discussions will
be limited to specific sections of the RFP or proposal identified by the procurement officer.
Discussions will only be held with offerors who have submitted a proposal deemed
reasonably susceptible for award by the procurement officer. Discussions, if held, will be after
initial evaluation of proposals by the PEC. If modifications are made as a result of these
discussions they will be put in writing. Following discussions, the procurement officer may set
a time for best and final proposal submissions from those offerors with whom discussions
were held. Proposals may be reevaluated after receipt of best and final proposal
submissions.
If an offeror does not submit a best and final proposal or a notice of withdrawal, the offeror‟s
immediate previous proposal is considered the offeror‟s best and final proposal.
Offerors with a disability needing accommodation should contact the procurement officer prior
to the date set for discussions so that reasonable accommodation can be made. Any oral
modification of a proposal should be reduced to writing by the offeror.
2.08 Prior Experience & Mandatory Qualifications
In order for offers to be considered responsive, offerors must meet the following minimum
requirements:
A. Location: The site shall be of adequate size for the facility, have availability of fire
protection and law enforcement assistance, have a hospital facility within a reasonable
distance (no more than a one hour drive under normal driving conditions) and be a
reasonable distance from a major airport (no more than a one hour drive under normal
driving conditions). The designated airport shall be able to accommodate commercial
aircraft capable of transporting up to 120 individuals and their personal property. The
location must be such that qualified staff may be recruited and maintained.
B. The offeror must have at minimum of three years of successful operation of a 500 to
1000 bed or similar prison facility, with multi-custody levels (majority of close and
medium custody prisoners).
C. The Chief Administrator, Warden or superintendent must have a bachelor‟s degree
and five years of corrections related experience which includes appropriate
managerial/supervisory experience. (See Section 4.03 (A) for substitution
requirements).
RFP # 2005-2000-4544 9 Adult Prison Facility
D. The facility must have building structures and security systems sufficient to house
maximum custody prisoners. When there is a question by the DOC as to the strength
or security of facility components (i.e. walls, glass, ceilings, ventilations systems,
fences), the DOC may require the Contractor to demonstrate that the facility
components and systems in question meet the minimum requirements.
An offeror‟s failure to meet these minimum requirements will cause their proposal to
be considered non-responsive and their proposal will be rejected.
E. ACA Accreditation: The Facility must be accredited by ACA within 24 months of the
Service Commencement Date.
2.09 Evaluation of Proposals
The procurement officer, or an evaluation committee made up at least three State employees
or public officials, will evaluate proposals. The evaluation will be based solely on the
evaluation factors set out in Section Six of this RFP.
After receipt of proposals, if there is a need for any substantial clarification or material change
in the RFP, an amendment will be issued. The amendment will incorporate the clarification or
change, and a new date and time established for new or amended proposals. Evaluations
may be adjusted as a result of receiving new or amended proposals.
2.10 Vendor Tax ID
A valid Vendor Tax ID number (EIN) for the firm or individual must be submitted to the issuing
office with the proposal or within five days of the State's request.
2.11 F.O.B. Point
Not applicable
2.12 Alaska Business License & Other Required Licenses
At the time the proposals are opened, all offerors must hold a valid Alaska business license
and any other applicable professional licenses required by Alaska Statute. Offerors should
contact the Department of Community and Economic Development, Division of Occupational
Licensing, P.O. Box 110806, Juneau, Alaska 99811-0806, for information on these licenses.
Offerors must submit evidence of a valid Alaska business license with the proposal. An
offeror's failure to submit this evidence with the proposal will cause their proposal to be
determined non-responsive. Acceptable evidence that the offeror possesses a valid Alaska
business license may consist of any one of the following:
A. a copy of an Alaska business license with the correct SIC code;
B. certification on the proposal that the offeror has a valid Alaska business license and
has included the license number in the proposal;
C. a canceled check for the Alaska business license fee;
D. a copy of the Alaska business license application with a receipt stamp from the State's
occupational licensing office; or
RFP # 2005-2000-4544 10 Adult Prison Facility
E. a sworn and notarized affidavit that the offeror has applied and paid for the Alaska
business license.
2.13 Application of Preferences
Certain preferences apply to all contracts for professional services, regardless of their dollar
value. The Alaskan Bidder and Offeror preferences are the two most common preferences
involved in the RFP process. Additional preferences that may apply to this procurement are
listed below. Guides that contain excerpts from the relevant statutes and codes, explain
when the preferences apply and provide examples of how to calculate the preferences are
available at the Department of Administration, Division of General Services‟ web site:
http://www.state.ak.us/local/akpages/ADMIN/dgs/policy.htm
Alaska Products Preference - AS 36.30.332
Recycled Products Preference - AS 36.30.337
Local Agriculture and Fisheries Products Preference - AS 36.15.050
Employment Program Preference - AS 36.30.170(c)
Alaskans with Disability Preference - AS 36.30.170 (e)
Employers of People with Disabilities Preference - AS 36.30.170 (f)
The Division of Vocational Rehabilitation in the Department of Labor and Workforce
Development keeps a list of qualified employment programs; a list of individuals who qualify
as persons with a disability; and a list of persons who qualify as employers with 50 percent or
more of their employees being disabled. A person must be on this list at the time the bid is
opened in order to qualify for a preference under this section.
As evidence of an individual's or a business' right to a certain preference, the Division of
Vocational Rehabilitation will issue a certification letter. To take advantage of the
Employment Program Preference, Alaskans with Disability Preference or Employers of
People with Disabilities Preference described above, an individual or business must be on the
appropriate Division of Vocational Rehabilitation list at the time the proposal is opened, and
must provide the procurement officer a copy of their certification letter. Offerors must attach a
copy of their certification letter to the proposal. The offeror's failure to provide the certification
letter mentioned above with the proposal will cause the State to disallow the preference.
2.14 5 Percent Alaskan Bidder Preference – 2 AAC 12.260 & AS 36.30.170
An Alaskan Bidder Preference of five percent will be applied prior to evaluation. The
preference will be given to an offeror who:
A. holds a current Alaska business license;
B. submits a proposal for goods or services under the name on the Alaska business
license;
C. has maintained a place of business within the State staffed by the offeror, or an
employee of the offeror for a period of six months immediately preceding the date of
the proposal;
D. is incorporated or qualified to do business under the laws of the state, is a sole
proprietorship and the proprietor is a resident of the state, is a limited liability company
organized under AS 10.50 and all members are residents of the state, or is a
partnership under AS 32.05 or AS 32.11 and all partners are residents of the state;
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and
E. if a joint venture is allowed, it must be composed entirely of entities that qualify under
(a)-(d) of this subsection.
Alaskan Bidder Preference Affidavit
In order to receive the Alaskan Bidder Preference, proposals must include an affidavit
certifying that the offeror is eligible to receive the Alaskan Bidder Preference.
2.15 Formula Used to Convert Cost to Points – AS 36.30.250 & 2 AAC 12.260
The distribution of points based on cost will be determined as set out in 2 AAC 12.260(d).
The lowest cost proposal will receive the maximum number of points allocated to cost. The
point allocations for cost on the other proposals will be determined through the method set
out below. In the generic example below, cost is weighted as 70% of the overall total score.
The weighting of cost may be different in your particular RFP. See section seven to
determine the value, or weight of cost for this RFP.
EXAMPLE
Formula Used to Convert Cost to Points
[STEP 1]
List all proposal prices, adjusted where appropriate by the application of all applicable
preferences.
Offeror #1 - Non-Alaskan Offeror $40,000
Offeror #2 - Alaskan Offeror $42,750
Offeror #3 - Alaskan Offeror $47,500
[STEP 2]
Convert cost to points using this formula.
[ (Price of Lowest Cost Proposal) x (Maximum Points for Cost) ] = POINTS
(Cost of Each Higher Priced Proposal)
The RFP allotted 70% (70 points) of the total of 100 points for cost.
Offeror #1 receives 70 points.
The reason they receive that amount is because the lowest cost proposal, in this case
$40,000, receives the maximum number of points allocated to cost, 70 points.
Offeror #2 receives 65.5 points.
$40,000 x 70 = 2,800,000 $42,750 = 65.5
LOWEST COST MAX POINTS Offeror #2 POINTS
ADJUSTED BY
THE APPLICATION OF
ALL APPLICABLE
PREFERENCES
Offeror #3 receives 58.6 points.
$40,000 x 70 = 2,800,000 $47,750 = 58.6
LOWEST COST MAX POINTS Offeror #3 POINTS
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ADJUSTED BY
THE APPLICATION OF
ALL APPLICABLE
PREFERENCES
2.16 Alaskan Offeror's Preference – AS 36.30.250 & 2 AAC 12.260
2 AAC 12.260(e) provides Alaskan offerors a 10 percent overall evaluation point preference.
Alaskan Bidders, as defined in AS 36.30.170(b), are eligible for the preference. This
preference will be added to the overall evaluation score of each Alaskan offeror. Each
Alaskan offeror will receive 10 percent of the total available points added to their evaluation
score as a preference.
EXAMPLE
Alaskan Offeror's Preference
[STEP 1]
Determine the number of points available to Alaskan offerors under the preference.
Total number of points available - 100 Points
100 x 10% = 10
Total Points Alaskan Offerors Number of Points
Available Percentage Preference Given to Alaskan Offerors
Under the Preference
[STEP 2]
Add the preference points to the Alaskan offers. There are three offerors; Offeror #1, Offeror
#2, and Offeror #3. Offeror #2 and Offeror #3 are eligible for the Alaskan Offeror‟s
Preference. For the purpose of this example presume that all of the proposals have been
completely evaluated based on the evaluation criteria in the RFP. Their scores at this point
are:
Offeror #1 - 89 points
Offeror #2 - 80 points
Offeror #3 - 88 points
Offeror #2 and Offeror #3 each receive 10 additional points. The final scores for all of the
offers are:
Offeror #1 - 89 points
Offeror #2 - 90 points
Offeror #3 - 98 points
Offeror #3 is awarded the contract.
2.17 Contract Negotiations
2AAC 12.315 Contract Negotiations. After final evaluation, the procurement officer may
negotiate with the offeror of the highest-ranked proposal. The option of whether or not to
initiate contract negotiations rests solely with the State. Negotiations, if held, shall be within
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the scope of the request for proposals and limited to those items which would not have an
effect on the ranking of proposals. If the highest-ranked offeror fails to provide necessary
information for negotiations in a timely manner, or fails to negotiate in good faith, the State
may terminate negotiations and negotiate with the offeror of the next highest-ranked proposal.
If contract negotiations are commenced, they may be held in the DOC administrative offices
in either Anchorage or Juneau, Alaska. The exact location will be determined at a later date.
If the contract negotiations take place in Anchorage or Juneau, Alaska, the offeror will be
responsible for their travel and per diem expenses.
2.18 Failure to Negotiate
If the selected offeror
A. fails to provide the information required to begin negotiations in a timely manner; or
B. fails to negotiate in good faith; or
C. indicates they cannot perform the contract within the budgeted funds available for the
project; or
D. (if the offeror) and the State, after a good faith effort, simply cannot come to terms,
The State may terminate negotiations with the offeror initially selected and commence
negotiations with the next highest ranked offeror.
2.19 Notice of Intent to Award (NIA) - Offeror Notification of Selection
After the completion of contract negotiations the procurement officer will issue a written Notice
of Intent to Award (NIA) and send copies to all offerors. The NIA will set out the names of all
offerors and identify the proposal selected for award.
2.20 Protest
AS 36.30.560 provides that an interested party may protest the content of the RFP. An
interested party is defined in 2 AAC 12.990(a)(7) as "an actual or prospective bidder or offeror
whose economic interest might be affected substantially and directly by the issuance of a
contract solicitation, the award of a contract, or the failure to award a contract.” If an
interested party wishes to protest the content of a solicitation, the protest must be received, in
writing, by the procurement officer at least ten days prior to the deadline for receipt of
proposals.
AS 36.30.560 also provides that an interested party may protest the award of a contract or the
proposed award of a contract. If an offeror wishes to protest the award of a contract or the
proposed award of a contract, the protest must be received in writing by the procurement
officer within ten days after the date the Notice of Intent to Award the contract is issued.
A protester must have submitted a proposal in order to have sufficient standing to protest the
proposed award of a contract. Protests must include the following information:
A. the name, address, and telephone number of the protester;
B. the signature of the protester or the protester‟s representative;
C. identification of the contracting agency and the solicitation or contract at issue;
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D. a detailed statement of the legal and factual grounds of the protest, including copies of
relevant documents; and
E. the form of relief requested.
Protests filed by telex, e-mail, or telegram are not acceptable because they do not contain a
signature. Fax copies containing a signature are acceptable.
The procurement officer will issue a written response to the protest. The response will set out
the procurement officer's decision, and will contain the basis of the decision within the
statutory time limit in AS 36.30.580. A copy of the decision will be furnished to the protester
by certified mail, fax, or another method that provides evidence of receipt.
All offerors will be notified of any protests. The review of protests, decisions of the
procurement officer, appeals, and hearings, will be conducted in accordance with the State
Procurement Code (AS 36.30), Article 8, "Legal and Contractual Remedies."
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SECTION THREE
STANDARD CONTRACT INFORMATION
3.01 Contract Type
This contract is a firm fixed price contract, based upon a per diem rate per filled bed per day.
3.02 Contract Approval
This RFP does not, by itself, obligate the State. The State's obligation will commence when
the contract is approved by the Commissioner of the Department of Corrections, or the
commissioner's designee. Upon written notice to the contractor, the State may set a different
starting date for the contract. The State will not be responsible for any work done by the
contractor, even work done in good faith, if it occurs prior to the contract start date set by the
State.
3.03 Standard Contract Provisions
The contractor will be required to sign and submit the attached State's Standard Agreement
Form for Professional Services Contracts (form 02-093/Appendix A, copy attached as
Attachment 6.1) or a comparable contract document approved by Alaska Department of Law.
The contractor must comply with the contract provisions set out in this attachment. No
alteration of these provisions will be permitted without prior written approval from the Alaska
Department of Law. Objections to any of the provisions in Appendix A must be set out in the
offeror‟s proposal.
3.04 Proposal as a Part of the Contract
Unless otherwise specified in the contract, the requirements and specifications set forth in this
RFP and the successful proposal will be incorporated into Appendix C of the contract, and will
be binding upon the contractor. In any case in which these differ, the contract and then the
RFP in that order, shall take precedence over the proposal submitted by the contractor.
3.05 Additional Terms and Conditions
The State reserves the right to add terms and conditions during contract negotiations. These
terms and conditions will be within the scope of the RFP and will not affect the proposal
evaluations.
3.06 Insurance Requirements
The Contractor must provide proof of insurance prior to contract approval.
The Contractor must secure the insurance coverage required by the State. The coverage
must be satisfactory to the Department of Administration, Division of Risk Management. An
offeror's failure to provide evidence of such insurance coverage is a material breach and
grounds for withdrawal of the award or termination of the contract. See also Attachment 6.3.
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A. Indemnification
This section replaces and supersedes any Appendix B2 form that may be attached to
this contract inadvertently. Contractor shall indemnify, save harmless and defend the
state, its officers, and its employees from any and all claims or actions for injuries or
damages sustained by any person or property arising directly or indirectly as a result
of any act or omission of Contractor, subcontractor or anyone directly or indirectly
employed by them in the performance of this contract, including but not limited to:
1) Any and all claims, including civil rights claims arising from the provisions of
this Contract, including but not limited to, any and all claims arising from:
a) Any breach or default on the part of Contractor in the performance of
the Contract;
b) Any claims or losses for services rendered by Contractor, by any
person or firm performing or supplying services, materials or supplies in
connection with the performance of the contract.
c) Any claims or losses to any person injured or property damaged from
the acts or omissions of Contractor, its officers, agents, or employees
in the performance of the Contract;
d) Any claims or losses by any person or firm injured or damaged by
Contractor, its officers, agents, or employees by the publication,
translation, reproduction, delivery, performance, use, or disposition of
any data processed under the Contract in a manner not authorized by
the Contract, or by federal, state, county, or Town regulations or
statutes;
e) Any failure of Contractor, its officers, agents, or employees to observe
the laws of the United States and the State of Arizona, including but not
limited to labor laws and minimum wage laws; and
f) Any claim or losses resulting from an act of a Prisoner while under
Contractor‟s authority.
2) All costs, reasonable attorney's fees, expenses, and liabilities incurred in or
about any such claim, action, or proceeding brought thereon.
B. Insurance
Without limiting Contractor‟s indemnification, it is agreed that Contractor shall
purchase at its own expense and maintain in force at all times during the performance
of services under this agreement the following policies of insurance. Where specific
limits are shown, it is understood that they shall be the minimum acceptable limits. If
Contractor‟s policy contains higher limits, the state shall be entitled to coverage to the
extent of such higher limits. Certificates of Insurance must be furnished to the
Contracting Officer prior to beginning work and must provide for a 30-day prior notice
of cancellation, non-renewal or material change. Failure to furnish satisfactory
evidence of insurance or lapse of the policy is a material breach and grounds for
termination of Contractor‟s services.
1) Workers' Compensation Insurance
Contractor shall provide and maintain in force statutory workers' compensation
insurance coverage for all employees of Contractor engaged in work under this
contract. Coverage must extend to include all states in which employees are
engaging in work and employer's liability protection not less than $500,000 per
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person, $500,000 per occurrence. Policy must be endorsed to waive rights of
subrogation against the State of Alaska.
2) Comprehensive (Commercial) General Liability Insurance
Contractor shall provide and maintain in force comprehensive (commercial)
general liability insurance, with coverage limits not less than $5,000,000
combined single limit per occurrence and annual aggregates where generally
applicable and shall include premises-operations, independent contractors,
products, completed operations, broad form property damage, contractual
liability coverage for indemnification clause, and personal injury endorsements.
This insurance shall contain a "cross liability" or "severability of interest"
clause or endorsement and the State of Alaska shall be named additional
insured. This insurance shall be considered to primary of any other insurance
carried by the State through self insurance or otherwise.
3) Comprehensive Automobile Liability Insurance
Contractor shall provide and maintain in force comprehensive automobile
liability insurance covering all owned, hired and non-owned vehicles with
coverage limits not less than $1,000,000 combined single limit per occurrence
and annual aggregate. This insurance shall contain a "cross liability" or
"severability of interest" clause or endorsement and the State of Alaska shall
be named additional insured. This insurance shall be considered to primary of
any other insurance carried by the State through self insurance or otherwise.
4) Professional Liability Insurance
Contractor shall provide and maintain in force professional liability insurance or
a comparable policy form providing jail keepers' legal liability insurance
coverage for errors, omissions or wrongful acts of Contractor, subcontractor or
anyone directly or indirectly employed by them in the performance of services
this contract with limits not less than $5,000,000 combined single limit per
occurrence and annual aggregate.
3.07 Bid Bond – Performance Bond – Surety Deposit
Not used.
3.08 Utilities
All utilities are the responsibility of the contractor.
3.09 Contract Funding
Approval or continuation of a contract resulting from this RFP is contingent upon legislative
appropriation.
3.10 Proposed Payment Procedures
The State will make payments based on a negotiated payment schedule at rates established
in the contract. Each billing must consist of an itemized invoice. No payment will be made
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until invoices have been approved by the Director of Institutions, or designee. All billings
should be submitted timely and reference the RFP and contract numbers.
Upon determination that a portion or the entire invoice is incorrect, the Contractor shall
receive written notice from the DOC Director of Institutions, or designee, of the amount of the
billing or portion thereof is in dispute and stating the reasons for the dispute. That portion of or
entire invoice shall not be processed for payment until after resolution of the dispute.
See also Section 4.14 (A. 1) regarding payment for medical costs.
3.11 Contract Payment
No payment will be made until the contract is approved by the Commissioner of the
Department of Corrections, or designee, and the invoices have been approved by the Director
of Institutions, or designee. Under no conditions will the State be liable for the payment of any
interest charges associated with the cost of the contract. The State is not responsible for and
will not pay local, state, or federal taxes. (Clarification: This sentence refers to direct payment
by the state; however, it is expected that offerors include their taxes in the proposal budget
and incorporate these costs into their per bed contract cost.) All costs associated with the
contract must be stated in U.S. currency.
In the event of an error that causes payment(s) to the CONTRACTOR (or benefits to others) to
be issued in error, the CONTRACTOR shall reimburse the State within thirty (30) days of written
notice of such error for the full amount of the payment. Interest shall accrue at the statutory rate
upon any amounts not paid and determined to be due after the thirtieth (30th) day following the
notice.
3.12 Informal Debriefing
When the contract is completed, an informal debriefing may be performed at the discretion of
the Director of Institutions, or designee. If performed, the scope of the debriefing will be
limited to the work performed by the contractor.
3.13 Contract Personnel
Any change of the key project team members named in the proposal must be approved, in
advance and in writing, by the Director of Institutions, or designee. Personnel changes that
are not approved by the State may be grounds for the State to terminate the contract.
The Department of Corrections, Director of Institutions, or designee, reserves the right to
disallow the use of any individual (under the terms of any contract awarded as a result of this
RFP) whose performance or conduct is not acceptable to the Department.
3.14 Specification of Audit Criteria and Corrective Action Procedures
The contractor is responsible for the performance and completion of all work set out in the
contract. All work is subject to inspection, evaluation, and approval by the Director of
Institutions, or designee. The State may employ all reasonable means to ensure that the
work is progressing and being performed in compliance with the contract
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The DOC or its representatives will be afforded unlimited access to all areas of the facility for the
purposes of auditing its operations or for any other official purposes as described in the Contract
not limited to but including:
A. Financial Audits: AS 36.30.420 states: The State may audit the books of a contractor
or a subcontractor to the extent that the books and records relate to the performance
of the contract or subcontract. Books and records shall be maintained by the
contractor for a period of three years after the date of final payment under the prime
contract, and by the subcontractor for a period of three years after the date of final
payment under the subcontract, unless a shorter period is authorized in writing by the
commissioner.
The Department of Corrections, Commissioner or Designee, will conduct periodic
financial audits of each facilities financial records pertaining to the funds and services
of this contract. The DOC may choose an independent auditor(s) to perform the audits
and will provide the auditing criteria, which will be based upon standard accounting
practices. The cost of these audits shall be borne by the state.
B. Program Audits: Program audits and contract compliance monitoring shall be conducted
as deemed necessary by designated staff. Custody, security, program administration,
and physical plant audits shall be conducted to determine compliance with DOC required
standards. Areas noted as being in partial compliance or non-compliance shall be
corrected by the Contractor within thirty to ninety (30-90) days as specifically stated in the
written audit report.
C. Corrective Plans: The Contractor shall receive official written notice as to the areas of
partial compliance or non-compliance. Within twenty (20) days of receiving the notice, the
Contractor shall submit to the Director of Institutions, or designee, a remedial plan
indicating action to be taken and time frames for full compliance. The plan shall be
reviewed and DOC will either concur with the plan or notify the Contractor of his/her non-
concurrence. In cases of non-concurrence, the DOC shall specifically identify the
corrective actions to be taken and the time frames for their completion. The Contractor
must implement these before any appeal.
D. Appeal Process: In case of disagreement, an appeal process shall be available. A
written appeal must be filed within ten (10) days of the Contractor‟s receipt of the notice of
non-concurrence. The first level of appeal shall be to the Director of Institutions. The
next and final level of appeal shall be to the Commissioner of the Department of
Corrections.
Substantial failure of the contractor to perform the contract may cause the State to terminate
the contract in whole or in part. In this event, the State may require the contractor to
reimburse monies paid (based on the identified portion of unacceptable work received) and
may seek associated damages. Please also refer to Section 3.35 for additional information on
non-compliance penalties.
3.15 Disputes
Any dispute arising out of this agreement shall be resolved under the laws of Alaska. Any
appeal of an administrative order or any original action to enforce any provision of this
agreement or to obtain any relief from or remedy in connection with this agreement may be
brought only in the superior court for the State of Alaska. See Appendix A, Article 3.
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3.16 Termination
A Contractor‟s failure to comply with any of the terms and conditions of this RFP and contract
may result in a default action by the State after a thirty (30) calendar day written notice to cure
the problem that had produced the apparent default.
If the Director of Institutions, or designee, determines that the contractor has refused to
perform the work or has failed to perform the work with such diligence as to ensure its timely
and accurate completion, the State may, by providing written notice to the contractor,
terminate the contractor‟s right to proceed with part or all of the remaining work.
This clause does not restrict the State‟s termination rights under the contract articles or
provisions of Appendix A, if used.
3.17 Liquidated Damages
See Section 3.35 for penalties.
3.18 Contract Changes – Anticipated Amendments
The Department anticipates that it may be in the State‟s best interest to extend the contract
for additional periods of service. If the State exercises this option, extension will be within the
maximum period allowable under administrative authority # 2005-2000-4544.
The State may increase or decrease the provision for these services, depending on the needs
of the department and upon the funding available. Any changes in work requirements will be
within the scope of work specified in the RFP and contract and will be approved through the
required amendment procedures. All changes must be in writing. Verbal agreements are
not binding.
Increases are not anticipated to exceed 100% of the contract amount in any given year due to
increases in the number of incarcerations in the State of Alaska facilities or events of an
emergent nature. In this event, moving prisoners to a contract facility to relieve the in-state
overcrowding may be required. Any increase in a particular fiscal year may or may not be
carried forward into subsequent fiscal years, depending on the needs of the Department. The
total increase (the amount over the original total funding authority) for all periods may not
exceed $217,000,000.00.
If the resulting contract is renewed, the Department of Corrections will consider an inflation
adjustment to the regular bed rate at the start of FY07 (July 1, 2006), at the start of the
second period of performance (July 1, 2008), at the start of the fourth period of performance
(July 1, 2010), at the start of the sixth period of performance (July 1, 2012), and at the start of
the final period of performance (July 1, 2014). Price adjustments must be requested in writing
at least 60 days prior to each June 30. The State will reasonably consider and negotiate
requests for CPI price adjustments. Adjustments will be calculated in accordance with the
percentage change in the US Department of Labor Consumer Price Index (CPI-U).
Nationwide figures will be used. The adjustment maximum cap is 2% per period. The
adjustment rate will be determined using the CPI percentages issued in January for the
previous year.
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3.19 Contract Changes - Unanticipated Amendments
During the course of this contract, the Contractor may be required to perform additional work.
That work will be within the general scope of the contract. When additional work is required,
the Director of Institutions, or designee, will provide the contractor a written description of the
additional work and request for the Contractor to submit a firm time schedule for
accomplishing the additional work and a firm price for the additional work. Cost and pricing
data must be provided to justify the cost of such amendments per AS 36.30.400.
The Contractor will not commence additional work until the Director of Institutions, or
designee, has secured any required State approvals necessary for the amendment and
issued a written contract amendment, approved by the Commissioner of the Department of
Corrections, or designee. All changes must be in writing. Verbal agreements are not binding.
3.20 Contract Extension
Unless otherwise provided in this contract, the State and the Contractor agree:
Excluding any exercised renewal options, the State may extend the term of this contract by
written notice to the contractor no later than 15 days before the expiration of the contract, in order
to:
A. Complete negotiations between the state and current or new provider of these services;
complete legal requirements for a 10 day protest period after a Notice of Intent to Award
is issued and before a contract is signed, or; prevent a lapse in service for number of
beds contracted at this facility.
B. Notification under this clause does not commit the State to an extension.
C. The State may require continued performance of any services within the limits and at the
rates specified in the contract if the state exercises this option.
D. The State agrees to make a good faith effort to limit the duration of this option if it is
invoked.
E. If the State exercises this option, the extended contract shall continue to include this
provision.
3.21 Transition at End of Contract
The Contractor agrees to assist the Department and any subsequent provider in facilitating
the transition between providers in the event of termination or completion of this contract.
This includes extensions of this agreement at current rates to cover transition periods. This
agreement is a condition precedent to the Contractor‟s right to receive any final payment of
funds under this contract.
3.22 Per Diem Adjustment & CPI Adjustment
Sixty (60) days prior to the end of each contract year (June 30), the Contractor shall prepare a
line item estimate of the expenses of the Facility. If the resulting contract is renewed, the
Department of Corrections will consider an inflation adjustment to the regular bed rate at the start
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of FY07 (July 1, 2006), at the start of the second period of performance (July 1, 2008), at the start
of the fourth period of performance (July 1, 2010), at the start of the sixth period of performance
(July 1, 2012), and at the start of the final period of performance (July 1, 2014). Price adjustments
must be requested in writing at least 60 days prior to each June 30. The State will reasonably
consider and negotiate requests for CPI price adjustments. Adjustments will be calculated in
accordance with the percentage change in the US Department of Labor Consumer Price Index
(CPI-U). Nationwide figures will be used. The adjustment maximum cap is 2% per period. The
adjustment rate will be determined using the CPI percentages issued in January for the previous
year.
3.23 Contract Invalidation
If any provision of this contract is found to be invalid, such invalidation will not be construed to
invalidate the entire contract.
3.24 Performance Standards
The Department reserves the right to evaluate (or audit) the services being provided by the
Contractor under the terms of a contract awarded as a result of this RFP. The Contractor will be
responsible for developing a plan of action to address any areas of concern raised through an
evaluation process. The action plan MUST be approved by the Director of Institutions, or
designee. The Department reserves the right to refuse contractor utilization of any individual
whose standards of performance are not acceptable to the Department.
3.25 Investigation & Litigation
Contractors are obligated to notify the Director of Institutions, or designee, the next working
day if, they, or any member of their contract staff, are being investigated for malpractice
and/or ethical violations by a licensing board or professional organization, or if they are
named as a party in a civil or criminal litigation relating to their professional activities. The
Department reserves the right to disallow the provision of contract services by any individual
undergoing investigation and/or litigation under this section.
3.26 Continuing Education (CE)
The Contractor must assure, at no cost to the State, that all persons working under the terms
of the contract meet and maintain any and all legal requirements for licensing and Continuing
Education.
3.27 Records
The records and other information compiled by the Contractor in accordance with the duties
and responsibilities of this RFP shall be the property of the Department of Corrections.
Copies of such records shall be provided to the Department within a reasonable period, upon
request. This requirement is mandatory irrespective of any payment due to the Contractor for
service provision.
See also Section 4.14 (M, 8) regarding medical records.
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3.28 Research
Any research conducted under the terms of the contract must receive prior written approval by
the Commissioner of Corrections, or designee. A written description of the research project
must be submitted prior to consideration for approval. In addition, all research projects must
comply with the provisions of Policy and Procedure 501.02.
3.29 Format of Reports and Data
If needed, the contractor will be expected to provide electronic reports and data in a format
compatible with the department‟s systems and formats, and it will be the contractor‟s
responsibility to create the data files. This includes data entry and the development of any
automated interfaces to the contractor‟s information systems or data entry software needed
for this purpose.
3.30 Legal Proceedings
Confinement by the Contractor shall not deprive any prisoner of an legal right which he would
have if confined in a State of Alaska managed facility.
The State of Alaska will defend any post conviction action, including appeals and writs of habeas
corpus, by any prisoner in an Alaskan Court challenging the underlying judgment of conviction or
the administration of the sentence imposed at no cost to the Contractor. The State will defend a
prisoner challenge to placement within the facility or at any facility.
The Contractor will defend, at its expense any actions filed against it by a prisoner which
challenge conditions of confinement operational policies, treatment by staff of other matters
related to confinement at the Facility.
3.31 Assignment
Per 2 AAC 12.480, the contractor may not transfer or assign any portion of the contract
without prior written approval from the procurement officer.
3.32 Intellectual Property
The CONTRACTOR warrants that all materials produced hereunder shall be of original
development by CONTRACTOR, and shall be specifically developed for the fulfillment of this
Agreement and shall not infringe upon or violate any patent, copyright, trade secret or other
property right of any third party, and the CONTRACTOR shall indemnify and hold the State
harmless from and against any loss, cost, liability, or expense arising out of breach or claimed
breach of this warranty.
3.33 Excusable Delays
The CONTRACTOR shall be excused from performance hereunder for any period that it is
prevented from performing any services hereunder in whole or in part as a result of an act of
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God, war, civil disturbance, epidemic, court order, or other cause beyond its reasonable control,
and such nonperformance shall not be a default or ground for termination of the Agreement.
3.34 Prohibition of Bribes, Gratuities & Kickbacks
Pursuant to Alaska Statute 39.52, the receipt or solicitation of bribes, gratuities and kickbacks is
strictly prohibited.
No elected or appointed officer or other employee of the State of Alaska shall benefit financially
or materially from this Agreement. No individual employed by the State of Alaska shall be
admitted to any share or part of the Agreement or to any benefit that may arise therefrom.
3.35 Non-Compliance Penalties
A. Immediate Compliance
If the DOC Director of Institutions or designee determines that the Contractor is not
operating in compliance with a term or condition of the Contract which in the opinion of
the Director may adversely affect the security of the Facility or which may present a
hazard to the safety or health of Prisoners or other individuals, Contractor shall be
notified in writing (or verbally if it is believed an emergency situation exists). The
notice shall direct Contractor to immediately correct the noncompliance. Please also
see section 3.14.
1) Contractor shall immediately notify the Director of Institutions or designee of
the proposed corrective action. If the Director or designee does not object to
the proposed corrective action, Contractor shall immediately implement said
corrective action.
2) If the Director of Institutions or designee disagrees with the proposed
corrective action or if Contractor fails to notify the Director or designee
immediately of its proposed corrective action, the Commissioner of the
Department shall be notified. The Commissioner shall either agree with
Contractor or specify corrective action which Contractor shall immediately
implement.
3) Notwithstanding any provision contained herein to the contrary, in such a
circumstance, Contractor shall immediately implement the corrective action
specified by the Commissioner before any appeal is taken.
4) In the event Contractor disagrees with the determination of noncompliance or
designated corrective action, an appeal may be taken to the Commissioner. In
no event shall the corrective action be delayed pending appeal to the
Commissioner.
5) Upon examination, if the Commissioner determines in his or her sole discretion
that a noncompliance did not exist or that the required corrective action was
excessive, the Commissioner shall authorize payment to Contractor of the
actual expense incurred in taking said corrective action or excessive corrective
action upon receipt of appropriate documentation substantiating said expense
from Contractor.
B. Breach
A party shall be deemed to have breached the Contract if any of the following occurs:
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1) Failure to perform in accordance with any term or provision of the Contract;
2) Partial performance of any term or provision of the contract; and
3) Any act prohibited or restricted by the Contract.
For the purposes of this article, items 1) through 3) above shall be hereinafter be
referred to as "Breach".
In the event of a breach by Contractor, the State shall have available the following
remedies as described further herein:
1) Actual damages and any other remedy available at law or equity;
2) Liquidated Damages;
3) Partial Default; Partial Recovery; and/or
4) Termination of the Contract.
In the event of Breach by Contractor, the Director of Institutions or designee shall
provide Contractor written notice of the Breach and a time period to cure said Breach
described in the notice. In the event Contractor disagrees with the Director or
designee‟s determination of Breach, period to cure, or initiation of liquidated damages,
Contractor shall notify the Department's Commissioner in writing, provided, however,
any appeal to the Commissioner shall not toll or otherwise affect the period to cure.
The decision by the Commissioner shall be final and binding. In the event Contractor
fails to cure the Breach within the time period provided, then the State shall have
available any and all remedies described herein. In the event the Breach is not cured
and in the event the State elects to invoke liquidated damages said liquidated
damages shall commence on the date the cure period expires; provided, however, if
the Commissioner determines Contractor‟s management team has concealed or
mislead the State concerning the Breach, the liquidated damages shall commence on
the date of the Breach. For purposes stated herein, Contractor‟s management team is
defined as consisting of persons in the rank of shift supervisor or above. This
subsection regarding notice and opportunity to cure shall not be applicable in the
event of successive or repeated Breaches of the same nature, or in the event the
Director of Institutions or designee or Commissioner invokes the immediate
compliance provisions of Sections of this contract.
C. State Breach
In the event of a Breach of Contract by the State, Contractor shall notify the State in
writing within thirty (30) days of any Breach of contract by the State. Said notice shall
contain a description of the Breach. The State shall be afforded a forty-five (45) day
period in which to effect a cure or in which to take reasonable steps to effect a cure;
provided, however, that if the alleged Breach concerns the State's failure to make
payment under this Contract, the State shall have sixty (60) days after the notice to
effect a cure unless the payment is the subject of a dispute between the parties.
1) Failure by Contractor to provide the written notice described above shall
operate as an absolute waiver by Contractor of the State's Breach.
2) With the exception of the provisions contained in subsection (5) herein, in no
event shall any Breach on the part of the State excuse Contractor from full
performance under the Contract.
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3) In the event of Breach by the State, Contractor may avail itself of any remedy
at law in the forum with appropriate jurisdiction; provided, however, failure by
Contractor to give the State written notice and opportunity to cure as described
in this Section operates as a waiver of the State's Breach.
4) Failure by Contractor to file a claim before the appropriate forum in Alaska with
jurisdiction to hear such claim within one (1) year of the notice described in
subsection (a) shall operate as a waiver of said claim in its entirety. It is
agreed by the parties this provision establishes a contractual period of
limitations for any claim brought by Contractor.
5) In the event the State fails to make any payment due under the contract within
the cure period specified herein and the amount not paid exceeds one
hundred thousand dollars ($100,000.00), Contractor may terminate the
contract upon 90 days prior written notice to the Commissioner, provided,
however, Contractor may terminate the Contract only upon the State's failure
to pay an amount which is not in dispute.
D. Penalties
In the event of a Breach by Contractor described in this section, the State may
withhold as a penalty the amounts designated on Attachment 13 from any amounts
owed Contractor.
1) The State shall notify Contractor in writing of the Breach and the amounts to be
withheld as a penalty.
2) Penalties shall be assessed in conformance with Attachment 13.
3) The State may continue to withhold the penalties or a portion thereof until
Contractor cures the Breach, the State exercises its option to declare a Partial
Default, or the State terminates the Contract.
4) The State is not obligated to assess penalties before availing itself of any other
remedy.
5) The State may chose to discontinue liquidated damages and avail itself of any
other remedy available under this Contract or at law or equity; provided,
however, Contractor shall receive a credit for said penalties previously withheld
except in
the event of a Partial Default.
6) If the CONTRACTOR fails to fill a position as required or within the specified
time-frame, the monetary sanction shall be equal to one and one-half (1 ½)
times the daily value of the salary and benefits for the position for each day the
position is not filled.
E. Partial Default
1) In the event of a Breach by Contractor, the State may declare a Partial Default.
2) If Contractor fails to cure the Breach within the time period provided in the
notice, then the State may declare a Partial Default and provide written notice
to Contractor of the following:
a) The date upon which Contractor shall terminate providing the service
associated with the Breach; and
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b) The date the State will begin to provide the service associated with the
Breach.
The State may revise the time periods contained in the notice upon written
notice to Contractor.
3) In the event the State declares a Partial Default, the State may withhold from
the amounts due Contractor the greater of:
a) Amounts which would be paid Contractor to provide the defaulted
service as provided in subsection (5); or
b) The cost to the State of providing the defaulted service, whether said
service is provided by the State or a third party;
together with any other damages associated with the Breach.
4) To determine the amount the Contractor is being paid for any particular
service, the State shall review the Contractor‟s budget. The Commissioner or
designee shall make the final and binding determination of said amount.
5) The State may assess penalties against the Contractor pursuant to Section
3.35 (D) for any failure to perform which ultimately results in a Partial Default
with said Penalties to cease when said Partial Default is effective.
6) Upon Partial Default, Contractor shall have no right to recover from the State
any actual, general, special, incidental, consequential, or any other damages
whatsoever of any description or amount.
7) Contractor agrees to cooperate fully with the State in the event a Pertial
Default is taken.
F. Termination
1) In the event of a Breach by Contractor, the State may terminate the contract
immediately or in stages.
2) Contractor shall be notified of the termination in writing signed by the
Commissioner. Said notice shall hereinafter be referred to a Termination
Notice.
3) The Termination Notice may specify either that the termination is to be
effective immediately, on a date certain in the future, or that Contractor shall
cease operations under this Contract in stages.
4) Contractor agrees to cooperate with the State in the event of a termination,
Partial Default or Partial Takeover.
5) In the event of a termination, the State may withhold any amounts which may
be due Contractor without waiver of any other remedy or damages available to
the State at law or at equity.
6) In the event of a termination, Contractor shall be liable to the State for any and
all damages incurred by the State including but not limited to transportation of
Prisoners, activation of the National Guard or any other state agency,
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expenses incurred by the State to staff the Facility, and any and all expenses
incurred by the State to incarcerate the Prisoners which exceed the amount
the State would have paid Contractor under this Contract.
G. Partial Takeover
1) The State may, at its convenience and without cause, exercise a partial
takeover of any service which Contractor is obligated to perform under this
Contract, including but not limited to any service which is the subject of a
subcontract between Contractor and a third party, although Contractor is not in
Breach (hereinafter referred to as "Partial Takeover"). Said Partial Takeover
shall not be deemed a Breach of Contract by the State.
2) Contractor shall be given at least thirty (30) days prior written notice of said
Partial Takeover with said notice to specify the area(s) of service the State will
assume and the date of said assumption.
3) Any Partial Takeover by the State shall not alter in any way Contractor‟s other
obligations under this Contract.
4) The State may withhold from amounts due Contractor the amount Contractor
would have been paid to deliver the service as determined by the
Commissioner. The amounts shall be withheld effective as of the date the
State assumes the service.
5) Upon Partial Takeover, Contractor shall have no right to recover from the State
any actual, general, special, incidental, consequential, or any other damages
whatsoever of any description or amount.
H. Termination Due to Unavailability of Funds or Court Order.
The payment of money by the State under any provisions hereto is contingent upon
the availability of funds appropriated to pay the sums pursuant to this Contract. In the
event funds for this Contract become unavailable due to non-appropriation, or if the
State is ordered not to transfer Prisoners to Contractor by a court of competent
jurisdiction, the State shall have the right to terminate this Contract without penalty,
upon the State retaking all Prisoners from Contractor and payment of all amounts due
under the Contract.
RFP # 2005-2000-4544 29 Adult Prison Facility
SECTION FOUR
SCOPE OF WORK
4.01 Introduction and Background Information
The Alaska Department of Corrections is soliciting proposals for an adult multi-level
custody secure prison facility with program services. The Facility must be accredited by ACA
within 24 months of the Service Commencement Date.
The department requires a facility and services to accommodate a prison population of a
minimum of 500 male multi-custody level prisoners, with expansion potential to 1,000 (or
more). Prisoners must be housed in a single facility. If a facility with a capacity over 1000 is
offered the State will consider multiple facilities to house its prisoners. Per diem rates will be
negotiated and the use of multiple facilities are subject to mutual consent for placements
exceeding 1000 prisoners. Offerors should also identify the maximum number of beds available
should more be needed as the actual number of prisoners assigned to the facility may vary,
depending on the needs of the Department of Corrections.
The approximate prisoner custody level populations for the contract facility are: 1% Maximum,
37% Close, 34% Medium and 28% Minimum. These are subject to change depending on the
needs of the department.
The facility must meet the needs of the State to meet its goal of providing safe and secure
correctional services to the State of Alaska. The Contractor may refuse to take specific prisoners
and or transfer them back to Alaska only if prior written approval is obtained from the Director of
Institutions.
This Request for Proposals will re-solicit for the prison services currently under contract with a
private provider of these services and will result in a new contract. New vendors and the current
contractor may submit proposals for these services.
Corrections Corporation of America (CCA), d.b.a. as Florence Correctional Center in Florence,
Arizona is the current provider of services. The program and security services requested in this
RFP are similar in scope to the services currently being provided under the contract with CCA.
The contract for these services started in 1994 at Central Arizona Detention Center (CADC).
Prisoners were moved to the Florence Correctional Center (FCC) in 2002. CCA operates both
CADC and FCC. The average number of prisoners is 675.
It is anticipated that proposals submitted for these services will include an economy of scale cost
reduction (i.e. lower per bed costs as the number of beds under contract increases). The budget
form will have levels or tiers set up for grouping the number of prisoners under contract into price
groups. The contractor must determine the size of the tier groups and the costs per tier group
based upon their individual facility and costs.
4.02 Definitions
As used in this solicitation, the following terms have the definition set opposite each term.
“ACA” – The American Correctional Association.
“ACA Standards” – The Standards for Adult Correctional Institutions published by the American
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Correctional Association. (Fourth Edition and Standards Supplement, and as the standards may be
modified, amended, or supplemented in the future).
“Acute condition” – An immediate or severe episode of illness or the treatment of injuries
related to an accident, trauma or other impairment or during recovery from surgery.
“Authorized representative” – Any person or entity duly authorized and designated in writing to
act for an on behalf of a party to this agreement or contract, which designation has been
furnished to all the parties herein.
“Chronic care” - A pattern of continuous medical care that focuses on prisoners with
longstanding or persistent disease or health conditions. It includes care specific to the
problem as well as other measures to encourage self-care, to promote health and to prevent
loss of function.
“Commissioner” – The Commissioner for the Alaska Department of Corrections.
“Compliance Officer” – Title has been changed to “Standards Officer.”
“Contract” – The signed agreement for services. A copy of the RFP will be attached as part of
the final contract. The contractor‟s proposal will also become a part of the final contract.
“Contract Monitor” – The person(s) designated by the Department of Corrections to monitor
operation of the Facility for Contract compliance and/or to assist in the coordination of actions
and communications between the Department and the Contractor.
“Contractor” – The Contractor awarded the Contract develop and/or operated the Facility as
described in this RFP.
“Correctional Services” – Those functions set forth in the proposal.
“Court Orders” – Any existing or future orders or judgements issued by a court of competent
jurisdiction; or any existing or future stipulations, agreements, or plans entered into in
connection with litigation which are applicable to the operation, management or maintenance
of the facility or related to the care and custody of prisoners at the facility.
“Custody Levels” – The custody levels specified in Alaska Administrative Code Regulations
“Department or DOC” – The Alaska Department of Corrections.
“Director” – The Director of the Division of Institutions for the Alaska Department of
Corrections.
“Employee” – An employee of the Contractor or a sub-contractor providing services under the
Contract.
“Effective Date of Contract” – The date on which the Contract is executed.
“Emergency” – Any significant disruption of normal facility procedure, policy or activity caused
by prisoner disturbances, work or food strikes, food borne illness, escapes, fires, natural
disasters or other serious incidents.
“Emergency care” – The medical or surgical care necessary to treat the sudden onset of a
potentially life or limb threatening condition or symptoms which must begin with 12 hours after
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onset. Heart attacks, strokes, poisoning, loss of consciousness or respiration, and
convulsions are examples of medical care emergencies.
“Facility” – The fully equipped and furnished correctional facility to be designed, constructed
and/or operated by the Contractor. This includes housing units, administrative offices and all
other structure and improvements of whatever kind, including but not limited to all support
buildings, roads, fences, and utility systems; for the incarceration of prisoners assigned by the
Department.
“Fiscal Year” – Each one-year period beginning on July 1 and ending on June 30, that is used
for budgeting and appropriation purposes by the State.
“Force Majeure” – The failure to perform any of the terms and conditions of the contract
resulting from acts of God.
“Indigent Prisoner” – a prisoner who has less than $20.00 available in his or her account and
who has had no more than $50.00 in his or her account during the preceding 30 days. A
prisoner with more than $50.00 in his or her account during the preceding 30 days will be
considered indigent if no more than $50.00 remains after mandatory deductions (restitution,
or civil judgements) or deductions made for educational materials or courses, counseling, or
health care.
“Inpatient Care” – Health care received by an prisoner admitted to an institution licensed and
operated pursuant to law which is primarily engaged in providing health services on an
inpatient basis for the care and treatment of injured or sick individuals through medical,
diagnostic and surgical facilities.
“Lethal force” – The force a person uses with the purpose of causing or creating a substantial
risk of death or serious bodily harm.
“Major mental illness” – A prisoner will be identified as having a major mental illness if they
are prescribed psychotropic medication.
“Medical care” - All care that is not classified as emergency care which is routinely required
by operating standards.
“NCCHC” – National Correctional Care Health Commission
“NITA or ITA” – Notice of Intent to Award or Intent to Award
“Outpatient Care” – Health care provided when the prisoner remains ambulatory and is not
kept in a
health care facility overnight.
“Parole Board” – The Alaska Parole Board including current members of the Board and the
staff assigned to the Board.
“Per Diem Rate” – the charge per prisoner per day.
“Proposal” – The Proposal (or offeror) together with all appendices and addenda thereto,
including the Proposal Package.
“Prisoner” – Any person committed by the courts to the DOC and assigned by the DOC to the
Facility.
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“Prisoner Day” – Each 24 hour period a prisoner is admitted to the Facility, plus the first day of
incarceration, but not the last.
“Prisoner Welfare Fund”- A special fund created for the benefit and general welfare of the
prisoners at the Facility.
“Reimbursable medical costs” – Those medical, dental, and mental health costs payable by
DOC.
“RFP or Request” - This Request for Proposals, together with all amendments and addend
thereto.
“Service Commencement Date” – The first day that Prisoners are received at the Facility.
“Standards” or “Operating Standards” – The standards described in the RFP and the
Proposal, including without limitation, applicable federal, state and local laws, codes,
regulations, constitutional requirements, Court Orders, ACA and/or NCCHC accreditation
standards, Department policies and procedures set for in the appendix, as revised, or made
applicable to the Contractor at a later date by written notice from DOC. If two or more
Standards are in conflict, the more stringent shall apply, as determined by DOC. If any
provision of the Contract is more stringent than an applicable Standard or Standards, as
determined by DOC, the Contract provisions shall govern.
“Standards Officer”- Formerly known as “Compliance Officer”.
“State” - The State of Alaska, or the Alaska Department of Corrections.
“Subcontract” – Any agreement entered into by the contractor with another entity to provide
services and supplies to perform contract services.
“Unforeseen Circumstances” – Those acts or occurrences beyond the reasonable
contemplation of the parties at the time of the execution of the contract which materially alter
the financial conditions upon which the Contract is based. This is provided that such acts
shall not include acts within the control of the party claiming an unforeseen circumstances or
changes in law or regulation. Unforeseen circumstances shall include the failure of the
Legislature to appropriate funds.
“Urgent care” – Care medically necessary to prevent deterioration, other than normal aging, of
a prisoner‟s heath that results from an unforeseen illness or injury and the care cannot be
delayed.
4.03 Administration
A. Qualifications of Warden
The Facility and its correctional services shall be managed by a single executive officer
employed by the Contractor. Written policy and procedure shall provide that the facility
Warden‟s office be located with the facility and that his/her position be a full-time
assignment. He/she will be required to personally inspect and review the facility and all
operations on at least a weekly basis. Documentation of such reviews shall be
maintained including action plans to correct any noted deficiencies. The Warden shall be
RFP # 2005-2000-4544 33 Adult Prison Facility
empowered with full authority to act for the Contractor, and shall be responsible for all
facility employees and subcontractors.
The Warden shall possess a Bachelor‟s degree for the equivalent from an accredited
college;
AND EITHER:
Four years of experience as a Correctional Officer III or Adult Probation Officer III with
the State of Alaska or the equivalent elsewhere;
OR
Two years as an Assistant Correctional Superintendent with the State of Alaska or the
equivalent elsewhere.
Bachelor's degree substitution:
Work experience performing the full range of security duties in an adult correctional
institution, or performing adult probation or parole duties in a community, will substitute
for the required education (3 semester hours or 4 quarter hours equal one month).
The work experience is met by service as a Correctional Officer II or Adult Probation
Officer II with the State of Alaska or the equivalent elsewhere.
There is no substitution for the specific experience.
B. Accreditation
The Contractor shall achieve ACA and NCCHC accreditation of the Facility within
twenty-four (24) months of the Service Commencement Date. Thereafter accreditation
shall be continuously maintained for the term of the Contract. Failure to do so could
result in termination of the Contract.
C. Policies, Procedures and Post Orders
The Contractor shall develop and submit to the State, for the State‟s approval, no later
than 60 days before the Service Commencement date the following:
a facility policy and procedure manual that covers the full range of Facility operations.
Post orders for security staff must be by post and shift and be maintained and
updated annually.
D. Meeting areas
The Contractor will provide adequate facilities for meetings and hearings with the
Department authorities, including the Parole Board and legal representatives of
prisoners. At the request and expense of the State, the contractor shall provide
telephonic or video access for such hearings.
E. Non-Smoking
The Facility will be non smoking for staff and prisoners.
F. Self Monitoring by Contractor
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The Contractor will be responsible to establish a process for self-monitoring the facility
operations to ensure compliance with all applicable ACA and NCCHC standards, DOC
policies, state and federal laws, and all applicable health and safety standards. All
monitoring reports and copies of corrective action plans will be forwarded to the
Contract Monitor and the Director of Institution within 30 days of the monitoring.
G. Contract Monitor
The State will be responsible for the costs of contract monitoring. The Contract
Monitor shall have access at all times, with or without notice, to prisoners and staff, all
areas of the Facility and to inspect all documents and records relating to the Contract
and the Contractor‟s performance. This includes employee qualifications or the
requirements of training, disciplinary records relating to serious incidents and security
breaches and reports kept by the Contractor concerning the operation of the Facility.
The Contractor shall permit the Contract Monitor and authorized representatives to
make and remove copies of records. The Contractor shall obtain written waivers from
its employees permitting the Contract Monitor to review employee qualifications and
disciplinary records. Any such inspection or removal shall be in strict compliance with
privacy rights and shall be kept confidential.
H. Office Space/Furnishings/Clerical Support
If requested the contractor will be responsible to provide office space and
equipment/furnishings for the Contract Monitor.
Private office space and full time clerical support shall be made available for two (2)
Alaskan Probation Officers. The office shall be provided with desks, chairs, and
access to a fax / telephone / and computer lines for each staff member.
I. Department of Corrections Policies & Procedures
The administration and operation of the facility must be in accordance with certain
DOC Policies. Subject to the provisions of the Contract, the Facility shall adopt and
follow the departmental policies and procedures and any subsequent Directives or
policy changes.
J. Prisoners from other Jurisdictions
Prisoners from other jurisdictions will not be housed in the same living units as
Alaskan prisoners without written permission of the Director of Institutions.
K. Photographing and Release of Information
The Contractor shall not release to the public any information, records or other data
concerning prisoners. The Contractor shall not release to the public personal histories
or photographs of prisoners or information concerning the prisoner‟s delivery, removal,
intra-institutional transfer, retaking or release. The Contractor shall permit reporters or
photographers to interview or photograph prisoners only with permission of the
Director or Institutions and consistent with DOC 808.02, Prisoner/Media Contact.
L. Incident Reporting
All incidents as described in DOC Policy 104.01, Special Incident Reporting shall be
reported to the Director of Institutions. Notification will be done telephonically within 24
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hours and followed in writing within 48 hours. The Department may investigate any
incident pertaining to the performance of the Contract.
M. Other reports
After the contract is awarded, the Department and the Contractor will establish a
system for regular monthly reporting of information including but not limited to
incidents of force being used, medical transports, grievances, staff vacancies etc.
N. Public Information and Publicity
Contractor may release any non-exempt public record information which it possesses
regarding DOC prisoners. Contractor will not release public record information which
is exempt from public disclosure, or any non-public record information which it
possesses regarding DOC prisoners. Contractor will refer to the DOC requests for
public information which it does not possess, public record information which may be
exempt from public disclosure pursuant to Alaska laws, and non-public information.
Contractor will comply with DOC Policy 808.02 Prisoner / Media Contact with regard to
all public information release and prisoner access to the media. Contractor will not
knowingly subject any Prisoner to unwanted publicity.
Nothing in this section prevents official use of any information regarding a prisoner.
4.04 Staffing and Human Resources
A. Staffing Plan/Vacancies
The Contractor shall maintain a staffing plan and organizational chart that fully
describes the facility organization and the relationships between functions, services
and activities. The staffing plan shall identify any vacant or essential positions
including but not limited to case management, medical, food service, programs and
security. The plan shall identify all security post assignments for the operation of all
shifts, including any outside or off-premise assignments. The plan shall identify the
minimum level of staffing that would be maintained on a daily basis for each functional
area.
In addition to remedies provided in the contract document, the DOC may deduct from
an invoice the Contractors‟ cost of any vacant position. “Vacant position” means any
actual vacancy in a staff position in the institution engaged in the delivery or support of
the operation and management services described in the proposal. It also includes a
staff position that is filled with a person who does not possess the training, licensure,
or credentials to perform the function. “Vacant position” does not include a vacancy in
a position if the Contractor arranges for the service to be provided by another
appropriately qualified individual, so long as the service is actually provided on the
shift or during the hours and in the manner intended by the Contract. This adjustment
shall not be considered a form of liquidated or actual damages, but is a withholding of
payment for a service not received. After thirty days, a position that is actually vacant
may also be subject to an assessment of penalties with written notice.
If the CONTRACTOR fails to fill a position as required or within the specified time-frame,
the monetary sanction shall be equal to one and one-half (1 ½) times the daily value
of the salary and benefits for the position for each day the position is not filled.
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All positions identified in the response to this proposal will be assumed to be 40 hours
per week unless otherwise stated. Unless expressly stated in the response, key
supervisory positions identified will be assumed to be occupied by persons whose
duties and responsibilities are exclusively associated with the management of Alaskan
prisoners. The Contractor will be responsible to report the vacancy rate monthly on a
form provided by the State.
Specific staffing requirements for health care personnel are outlined in Section 4.14,
and Attachment 12.
The Contractor must maintain a contingency plan covering work actions or strikes and
include this as part of their personnel manual.
B. Staff Qualifications/Personnel
The Contractor shall maintain job descriptions and qualifications for all facility
positions, including the Warden.
The Contractor shall provide personnel to deliver twenty-four (24) hour care and
supervision of prisoners, as well as administrative, treatment, and support service
personnel for the overall operation of the Facility according to the staffing pattern
described in the proposal.
No changes in that staffing pattern may be made except by written agreement of the
State and the Contractor. At least thirty percent (30%) of the Contractor‟s security
personnel shall have a minimum of one year of experience in law enforcement or
corrections as of the Service Commencement Date. This level shall be maintained for
the duration of the contract.
Daily correctional staff assignment rosters that reflect both scheduled and actual
assignments, by shift and for each post, and for medical staff shall be maintained for
the facility.
C. Pre employment Screening
No applicant or subcontractor shall be offered employment or access to the facility
until a criminal background check, employment background check, reference check,
and a pre-employment drug screen, at minimum, have been submitted, verified, and
processed by the Contractor. Staff having direct involvement with the operation of the
facility must never have been convicted of a felony or a crime involving moral turpitude
(no exceptions). All procedures, forms etc will apply equally to all levels of employees.
Periodically all employee‟s criminal history will be rechecked.
D. Personnel Records
The Contractor shall maintain a personnel file for each employee that contains records
of the background investigation, dates of employment, training records, performance
objectives and appraisals conducted at least annually, disciplinary actions,
commendations, and related records. All files shall be accessible to the employee
and the DOC. Personnel requirements of the contractor shall convey to all on-site
subcontractor personnel and volunteers.
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E. Code of Ethics and Standards of Conduct
The Contractor shall adopt and assure compliance of policies and procedures similar
to DOC Policy and Procedures 202.01 Code of Ethical and Professional Conduct and
202.15 Standards of Conduct. The Contractor shall submit their related policy and
procedures to DOC for review and approval. The contractor shall notify employees
and subcontractors of the standards of conduct and document this information in the
individual‟s personnel file. The employee shall sign an acknowledgment form stating
he/she understands the standards of conduct.
If any employee of the Contractor violates any of the rules or standards set forth in the
DOC ethics and standards of conduct policies or the equivalent Contractor‟s policies
that have been approved by DOC; the Contractor shall immediately appraise the
Director of Institutions by telephone, followed in writing within 72 hours. DOC reserves
the right to exclude from employment any person deemed by the DOC to be
incompatible with the goals, mission, security or safety of its program.
F. Drug-Free Workplace
The Contractor agrees to comply with all applicable federal, state, and local laws
relating to maintaining a drug-free workplace and further agrees to require all of its
subcontractors to comply with the same.
G. Personnel Policies
The Contractor shall maintain written personnel policies available to all staff and
accessible to employees. The policies shall assure equal employment opportunities,
avoid any discrimination, address hiring practices, promotions, grievance procedures,
staff development, performance appraisals, benefits, disciplinary procedures, and
terminations. These documents shall be reviewed at least annually.
H. Collective Bargaining Agreement
The Contractor shall include in any Collective Bargaining Agreement applicable to the
Facility, a provision that no strike will be held during the term of the Contract. It shall
also include a provision that neither the Union or Management will call or support a
strike.
In the absence of a Collective Bargaining Agreement, the contractor shall require their
employees to sign an agreement that they shall provide uninterrupted service in return
for adequate consideration including a grievance procedure and shall not strike or
interrupt service without 10 days notice.
4.05 Training
A. Accreditation Requirements
The Contractor shall provide pre-service and in-service training for all of its employees
and subcontractors that is in compliance with ACA and NCCHC standards. The
contractor shall submit its initial and in-service training plan to the State for approval
within 30 days after the Service Commencement Date.
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All required training shall be at the Contractor‟s expense. Annual re-certification will
be required for unarmed self-defense, Use of Force and First Responder Training.
Annual training plans describing course contents and time to complete each course
will be submitted to the DOC Training Academy for approval.
DOC shall provide specialized training for the contractor in such areas as case
management, discipline etc. The State reserves the right to withhold funds from the
Contractor for such training if it is the result of excessive turnover. The Contractor may
request at its expense, additional training to supplement the initial training provided.
B. Training Coordination and Reporting
The Contractor shall designate a staff member to coordinate training delivery. He/she
shall be responsible to maintain lesson plans for all training sessions, maintain training
files for each employee, document failure-to-pass written or proficiency tests and
certification criteria.
C. Other training
The Contractor shall provide Disturbance Control training to appropriate staff. Certified
instructors will be utilized to conduct the emergency training. The use and carrying of
weapons for training shall meet all federal, state and local laws and regulations.
Full time staff working the segregation or maximum security units will receive 8 hours
of specialized training in working with segregated prisoners.
4.06 Fiscal Management Practices
A. Indigent Prisoners
The Contractor will provide for the needs of Indigent Prisoners consistent with DOC
Policy 808.12 Photocopying For Prisoners, 810.03 Prisoner Mail, and 806.02 Prisoner
Hygiene, Grooming and Sanitation. See Section 4.02 for the definition of “Indigent
Prisoner”.
B. Prisoner Welfare Fund
A Prisoner Welfare Fund will be maintained for the benefit of Alaskan prisoners
consistent with DOC Policy 302.10, Prisoner Welfare Fund. These funds will be used
only for Alaskan prisoners. If approved in writing by the Director of Institutions, profits
and commissions generated from commissary operations shall be placed into this
fund upon receipt. This fund will not be utilized to provide facility operating services
and activities (such as: staff salaries, operating overhead, profit, etc.).
An accounting of all income and expenditures for this fund will be sent to Alaska DOC
monthly. Should the contract be terminated or prisoners moved to another facility
operated by the Contractor, the funds will be transferred to the receiving facility.
C. Prisoner Trust Fund
A prisoner trust fund for each prisoner will be operated in accordance with DOC policy
302.12C, Offender Trust Account. All prisoner earnings, proceeds from craft sales or
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monies received by the prisoner will be placed in the fund to be used solely by that
prisoner.
Procedures will be established for transferring funds upon a prisoner‟s release from
the facility, transfer to another facility or when a prisoner requests a funds transfer to
an outside source. Transfer of funds shall occur within 5 working days of the
prisoners release, transfer or request for funds transfer.
General accepted accounting procedures will be followed in managing this account.
D. Gate Money
The department no longer provides gate money to its prisoners. If this requirement
changes in the future the Contractor will provide gate money consistent with Alaska
DOC policy.
E. Prisoner‟s Funds From Outside Sources
Prisoners are permitted to receive funds from outside sources. Outside funds or those
generated from work may be used to pay for products and services from the
commissary or outside vendor‟s as allowed by the Contractor.
F. Prisoner Pay
Prisoners shall receive pay the same as that received by prisoners in Alaskan DOC
facilities. DOC Policy 812.02, Compensation for Prisoner Produced Goods and
Services shall be followed. Funds for prisoner payroll shall be included in the per
diem rate. If the facility has a correctional industry program, funds for prisoner pay
shall come from revenue generated by that program.
Per DOC Policy 304.01 Prisoner Wage Disbursal a percentage of prisoner wages
must be withheld and placed into a non-interest bearing trust account for prisoner use
upon their release.
G. Prisoner Club funds
The Contractor shall establish prisoner accounts for the exclusive use of prisoner
interest groups (i.e. cultural clubs, computer users group, cable television, etc.). The
funds for these accounts must be held in non-interest bearing accounts. Reporting
and internal control shall be done in accordance with DOC Policy 302.10 Prisoner
Welfare fund.
4.07 Prisoner Management Practices
A. Prisoner Communication
The Contractor shall make available to prisoners written communication forms for the
purpose of contacting staff to resolve questions and problems. The Contractor‟s staff
shall provide timely answers.
B. Prisoner Reception and Orientation
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All prisoners arriving at the facility will be strip-searched by a person of the same
gender. The intake process shall include at a minimum, medical and social screening
prior to the prisoner‟s release to general population. See also Section 4.14 (a),
C. Rules and Discipline
The Facility shall have formal, written facility rules and a discipline system. A signed
acknowledgment for receipt of rules indicating the prisoner understands their content
must be kept in the prisoner‟s file. DOC policies 809.02 Prohibited Conduct and
Penalties, 809.03,Reporting Procedure for Rule Violations 809.04 Disciplinary
Committee Hearing Officer and Basic Operation, and 809.06, Disciplinary Appeal
must be followed.
All discipline imposed must be reasonable and proportionate to the violation, impartial
and non-discriminatory, neither arbitrary or retaliatory, not physically abusive.
Accurate, detailed reports must be maintained. Only DOC classification staff may
deny statutory good time.
Facility staff will be trained by DOC in the Disciplinary process. Only trained staff may
conduct disciplinary hearings.
D. Housing of Prisoners
Prisoners will be assigned to living units based on the best judgement of the Chief
Administrator, or Warden. Alaskan prisoners shall not be housed with prisoners from
other contracts, unless approved in writing by the Director of Institutions.
E. Prisoner Grievances
Prisoners shall have the ability to air grievances related to the facility conditions,
services, and treatment in accordance with DOC policy 808.03 Prisoner Grievances.
The Contractor shall provide, at their expense, someone designated as a Grievance
Coordinator/Standards Monitor. The State reserves the right to place a Standards
Coordinator or Officer at the Facility at the State‟s expense. If the State places a
Standards Coordinator or Standards Officer within the Contractor‟s facility, private
office space shall be made available for one (1) employee. The office shall be
provided with desks, chairs, and access to a fax / telephone / and computer line.
F. Prisoner Death
In the event of a death of a prisoner, the Contractor must immediately contact law
enforcement if it appears criminal activity was involved. For any death the Director of
the Division of Institutions will be notified immediately. DOC will be responsible to
notify the next of kin.
The costs of disposition of the body will be borne by the DOC. The Contractor is
responsible to obtain a certified copy of the death certificate and forward it to DOC.
G. Research
Any research conducted by the Contractor will be consistent with DOC Policy 501.02,
Research Activities.
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H. Use of Force
The Contractor must follow Alaska policy 1208.09, Use of Force. If the contractor
requests to use an alternative policy, this must be approved in writing by the Director
of Institutions.
I. Escapes
It is the Contractor‟s responsibility to prevent escapes from the Facility. Law
enforcement and the Director of Institutions will be immediately notified of an absence
or escape. The Contractor will be expected to develop and implement a written
agreement and procedures with local law enforcement to facilitate delivery of support
services.
The Contractor shall engage in hot pursuit of escapees only on the grounds of the
Facility. The Contractor may assist law enforcement if requested and appropriately
trained and commissioned.
Periodic drills shall be conducted.
The Contractor will be responsible for all costs involving the escape to include
returning the prisoner to the State as directed by DOC, and any costs paid to law
enforcement agencies. The State shall be responsible for returning escapees from
other jurisdictions provided that the contractor shall reimburse DOC for the expense.
J. Arrest Authority
The Contractor will comply with all state laws regarding authority to arrest. The extent
of arrest authority will be documented in writing by the law enforcement agency with
jurisdiction. This documentation will be forwarded to the Director of Institutions within
30 days of the Service Commencement Date.
K. Delivery and Return of Prisoners
Upon acceptance by the Contractor, the State, at its expense, will deliver the
prisoner(s) to the agreed upon airport and custody of Contractor staff, together with an
authenticated copy of the mittimus or other commitment order, and any other official
papers or documents authorizing confinement. The State will provide security staff
and security from Alaska to and from the drop off and pickup point at the designated
airport.
Upon demand by the DOC, Contractor will relinquish to State physical custody of any
Prisoner, unless the Contractor‟s compliance would cause the Contractor to violate
the order of a court of competent jurisdiction.
1) Should a Prisoner be returned to the State as a result of an action by the
Contractor‟s State Legislature, State court, or other similar entity which prevents
prisoner‟s confinement at Contractor‟s facility, Contractor shall be responsible for
the cost of transportation.
2) Should the facility become unusable, in whole or in part, and the DOC prisoners
are transferred to another facility chosen by DOC, Contractor will pay such
transportation costs. This Agreement will then be appropriately modified to reflect
the impact of any such change in facility‟s use.
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3) In the event of fire, natural disaster, or other emergency situation that would
require the immediate transfer of Prisoners to another secure facility, Contractor
may select such facility and shall transport prisoners to such facility, as necessary
to ensure both the safety and security of prisoners. Under such circumstances,
however, Contractor shall notify DOC immediately, or in no case in more than 24
hours, of such an emergency transport. If this facility is not acceptable to DOC,
subsection 2) above shall be implemented in a reasonable and timely manner.
4) The DOC requires all beds to be provided at a single facility (for 1000 prisoners or
less). However, it is an anticipated amendment that upon mutual agreement of
DOC and the Contractor, with written pre-approval of the State, that Contractor
may transfer prisoner(s) to other contractor facilities. Unless otherwise agreed,
Contractor is responsible for transport of prisoner(s) back to the originally
designated facility or airport, before their return to Alaska.
L. Alaska Board of Parole
The Alaska Board of Parole will travel to the contractor‟s facility to conduct face-to-face
parole hearings with Alaskan prisoners who are eligible for parole consideration. The
Board of Parole will be at the facility approximately one week each quarter of the year
(approximately four times each year, for a period of as much as a full week for each
hearing session). The Board of Parole contingent is to be provided a meeting room that
can be reasonably accessed by any prisoners seeing the Board. The room should
have privacy from any other persons other than the participants in the hearing; be
visually separated from hallways or other rooms, and noise levels surrounding are to be
such that recording of and listening to the hearings is not impaired. By Alaska statute,
Parole Board hearings are confidential with only a small number of specific individuals
allowed to be present for the hearings. The room should have a table-setup that will
accommodate as many as 12 persons and the considerable volume of paperwork that
accompanies each hearing. The room is to have phone service and phone line
connection that has allowance for accessing outside phone lines (many of the parties
to the hearing may be present telephonically from Alaska). On some occasions, the
parole hearing may require that victim(s) of the prisoner‟s offense (who have a legal
right to be present under Alaska statutes) be allowed access within the prison to the
meeting room for a given parole hearing; this is to be accommodated by the contractor.
Coordination of the hearing room facility, and other logistics of the Parole Board
hearing process, are to be coordinated through the parole officers assigned to and
working with the Alaska inmates in the facility.
M. Searches of Prisoners in Institutional Areas
All searches of prisoners must be done in accordance with DOC Policy 1208.08
Searches of Prisoners and Institutional Areas or a Contractor‟s policy that has been
approved in writing by the Director of Institutions.
4.08 Security and Control
A. General Statement
The Contractor is responsible at all times to provide security and control of prisoners.
All prisoner program activities will take place inside the facility. The Contractor must
RFP # 2005-2000-4544 43 Adult Prison Facility
be able to provide maximum custody housing for some prisoners that has very little
program activity and maximum supervision.
B. Intelligence Information
A policy must be established for collecting, analyzing and disseminating intelligence
information regarding issues effecting safety and security. This must include a
telephone monitoring system. Criminal behavior must be investigated and referred to
local authorities.
C. Tool Control
A policy must be established that requires controlled tools and equipment to be
classified by security risk and those most likely to be used as a weapon or in an
escape must be used only with direct staff supervision.
D. Counts
The Contractor shall maintain a system to physically count all prisoners. Formal or
informal counts must be completed with no more than a four-hour lapse in time. There
must be at least 3 formal counts during each 24-hour period. Contractor‟s policy must
be consistent with DOC Policy 1208.14 Count Principles & Procedures.
E. Perimeter Control
The perimeter fence should have some type of electronic alarm systems and policy
must prohibit prisoners from coming within 20 feet of the fence.
The Contractor must provide constant armed perimeter surveillance of the facility.
F. Master Control Center / Communication System
A control center will be provided for integrating security, program and communications
functions. The control center shall be staffed as a 24 hour post and access shall be
limited to authorized personnel only. The facility must have an adequate radio
communication system.
G. Key Control
The Contractor must have a procedure for the maintenance and security of keys and
locking mechanisms. The policy must define which keys are allowed to be checked
out and must prevent 24 hour keys from check out.
Emergency keys shall be available for all areas of the facility to which emergency
access or egress may be necessary.
H. Control of Contraband Introduction
The Contractor shall have written policies for the detection, control and disposition of
contraband. The policy must include provisions for prisoner and visitor searches. The
policy must include procedures for searches of the facility, prisoners and others on the
premises.
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I. Documentation
The Contractor shall maintain written policies that require the facility to maintain shift
logs that documents personnel on duty, counts, admissions/releases, shift activities,
entry and exit of staff and visitor and any unusual shift occurrences.
J. Armory
The Contractor shall maintain written polices for the armory to include the types of
munitions, chemical agents, electronic devices. The policy should limit access to the
Armory.
K. Off Grounds Security/Transportation
Transportation of prisoners off grounds are at the Contractor‟s expense. This includes
transportation to and from the airport to the facility. DOC reserves the right to specify
the airport to be utilized if more than one is located nearby.
The Contractor shall provide security at all times for prisoners assigned to its care and
custody both within and outside the secure perimeter. This includes but is not limited
to court appearances, medical appointments and hospital stays.
The only prisoners who are allowed to leave the facility without armed escort are
minimum custody work crews. Policies for allowing off site work crews must be
approved by DOC Director of Institutions.
L. Emergency procedures
The Contractor will be required to be able to respond to emergencies and to have
trained personnel. The Contractor shall have policies for dealing with emergency
situations including but not limited to dealing with prisoner disturbances, hostage
taking, escape, evacuation due to fire, chemical spills or natural disaster. All contract
staff must review policies at least annually. Contractor policies must be consistent with
DOC Policy 1208.10 Management of Hostage Situations, and 1208.16 Institutional
Emergency Plan.
The Contractor must have their own or ready access to a fully trained emergency
response team.
Mutual Aid agreements with appropriate state and local authorities must be in place
before the Service Commencement Date.
M. Substance Abuse Testing
The Contractor shall provide for drug and alcohol urinalysis. Ten (10) percent of the
prisoners must be tested each month. Testing will be random or for cause. Should
prisoners request a blood test to confirm a positive finding, arrangements must be
made, at the prisoner‟s expense for this. This must be included in the Contractor‟s
policy.
4.09 Facility Requirements
A. General Statements
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The facility must be in full compliance with applicable zoning ordinances and
applicable building, fire, and life safety codes. ACA standards must be met in all areas
to include handicap access.
The facility must provide external security in the form of wall and/or double fence,
razor wire, detector devices, patrol, and/or towers. Cell doors in the units must be
lockable. Housing may be in for form of cells, rooms, or dormitories with secure
windows.
The facility must be able to accommodate prisoners with disabilities and meet ADA
compliance. A minimum of 2% of the cells shall be capable of accommodating
disabled prisoners.
B. Safety, Sanitation and Health Standards/ Life Safety
The Contractor shall ensure that safety, sanitation, and health standards are
maintained at all times for the welfare of offenders, facility staff, visitors, and others to
include:
1) National Fire Protection Association Life Safety Codes as well as all local,
state, and national health and safety codes. In the case of a conflict in these,
the most stringent will apply.
2) A smoke alarm system that complies with applicable NFPA Standards. The
system must be hard wired into an annunciation panel at a manned 24 hour
location. Fire extinguishers shall be maintained in a fully charged condition
and shall be inspected at least monthly.
3) A written fire and emergency evacuation plan, including diagrams that are
communicated to all staff and prisoners must be clearly and prominently
posted in all areas. These shall indicate the location of all exits, fire
extinguishers and the location of first aid supplies.
4) Evacuation drills shall be done at least quarterly unless housing of extremely
dangerous prisoners would jeopardize the security or safety of the facility. Staff
must be trained in the implementation of all written fire and emergency plans.
5) Fire retardant bedding, pillow and mattress that do not contain petroleum-
based synthetic materials such as polystyrene or polyurethane.
6) Trash and vermin control.
7) Weekly cleanliness inspections of all areas
8) Weekly laundering of clothing and bedding at no cost to the prisoner.
Personal hygiene items for indigent offenders.
9) A comprehensive housekeeping and maintenance plan to included Infectious
Disease control.
10) A safety program operated consistent with OSHA Standards.
11) Sufficient outside lighting to illuminate the entire perimeter.
4.10 Classification and Parole Planning
The Contractor shall assist in the arranging for classification and parole hearings
conducted on-site, by audio or video teleconference. Cost of the teleconference shall
be borne by the State.
A. Assignment of Prisoners
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Prisoners will be assigned to the Facility by the department in accordance with the
Department‟s classification and assignment procedures. DOC Policy 735.01,
Designation Process for Long Term Sentenced Prisoners will be followed as it relates
to housing conditions. At the Facility, they will be housed utilizing the unit team
concept. Unit team members shall be accessible in the housing units and available to
the population.
B. Orientation
Each prisoner shall receive a facility and program orientation within 24 hours of his
arrival. The orientation shall include staff presentations and a written handbook. The
orientation shall include all facility and program rules and requirements as well as
prisoner rights. The orientation shall include statutory provisions for escape from
custody.
C. Case Management
The Contractor will ensure that there is a case manager/counselor/social worker to
prisoner ratio of one to 100 and that the case manager/counselor/social worker
maintains individual files documenting each prisoner‟s program goals, employment,
programmatic involvement, and any other significant events.
The contractor will provide classification and release services to include regular
progress reports as required by the State, release planning, and participation in
hearings. Custody level changes may be recommended but the Department will make
the final decision.
D. Segregated Prisoners
The Contractor must follow DOC 804.01, Administrative Segregation and 804.02,
Punitive Segregation to manage and house segregated prisoners.
E. Alaska Parole Process
Contractor shall provide corrections counselors as needed who are familiar with the
prisoner‟s status to assist with the prisoners applications for parole and planning for
their appearance before the board. Case managers shall contact the Director of
Institutions or designee with any questions raised by prisoners regarding practices of
the parole board and State shall provide requested information as soon as possible. In
addition to the corrections counselor provided by the contractor, at the discretion of
the State, Correctional Officers may be placed on site.
At the request of the DOC staff or the Parole Board, Contractor shall provide
prisoner‟s progress reports. Generally, reports on Alaska prisoners shall be submitted
at six month intervals summarizing prisoner progress, conduct and recommendation
for retention at Contractor‟s facility or return to Alaska.
Contractor shall assist in the arranging for parole hearings conducted either on site or
by video or audio teleconferencing. The cost of the conferencing shall be borne by the
State.
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4.11 Records and Reporting
A. Sentence Computation.
The Contractor will provide to the Department any necessary information for sentence
computation. The Department will do all sentence computation. Copies shall be
furnished to the Contractor and Contract staff shall provide this to the prisoner. No
prisoner will be admitted to or released from the Facility without permission from the
DOC.
B. Prisoner Records and Reports
The Facility will maintain prisoner records at their sole expense in accordance with
applicable Department record keeping practices and shall adhere to federal, state and
local laws governing confidentiality. Criminal history, a judgement and sentence,
recent classification actions, infractions, and medical records will be provided to the
Contractor
C. Information systems and Identification
All prisoners housed at the facility will be photographed. An information system will be
maintained. This system must include the custody level of the prisoner, crime of
conviction, release date, and physical description. No prisoner shall have access to
this system.
4.12 Prisoner Activities and Programs
Note: Removal of prisoners from contractor provided programs must be done in
accordance with DOC Policy 808.04 Removal From Rehabilitation Programs.
A. Activities
Sufficient jobs and programs must be available for a minimum of 90% of eligible
prisoners. Ineligible prisoners are those who are ill, unable to work due to age or
handicap, or are in restrictive housing. Prisoners shall be productively occupied
outside of their living quarters for four to eight hours per day, five days per week in
work, educational, vocational or rehabilitative programs. Compensation for working
prisoners is to be for actual hours worked (not automatically assumed as eight hours
per day, five days per week).
B. Prisoner Work
Prisoner work programs shall be established in accordance with the Contract,
Department Policy 812.01 Prisoner Employment, and state (to include Alaska) and
federal law. Prisoners have the right to refuse employment. Work outside the secure
perimeter (e.g. work crews) must be approved in writing by the Director of Institutions.
Prisoner labor may be used for Facility operations and maintenance; however, neither
the Contractor nor any of their employees shall personally benefit from the labor of
prisoners. No prisoner shall ever be placed in a position of authority over another.
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Prisoner wages will be paid by the Contractor in accordance 812.02 Compensation for
Prisoner Produced Goods and Services for work performed at the Facility.
C. Industry Programs
Any industry program established must comply with state and federal law. Such a
program must be approved in writing by the Director, Division of Institutions and must
comply with Department policies.
D. Minimum Education Program Requirements
The following programs are required to be in place within 90 days after the Service
Commencement Date:
1) Life skills/community reintegration program – This must include instruction in
the areas of health and safety, communication skills, cross-cultural activities,
employability skills and transition planning. The program must be a minimum of
ten hours in duration.
2) ABE and GED: must include programming in literacy, pre-GED and GED
instruction and English as a Second Language Instruction (ESL). Assessment
must be established that determines appropriate placement and progress.
a) Student Assessment
On program entry, all adult learners will be pre-assessed for reading,
writing, speaking, problem solving, and math skill levels. When
possible, adult learners will be post-assessed upon exit or annually. A
standardized assessment tool endorsed by the U.S. Department of
Education, Division of Adult Education and Literacy, must be used. The
Alaska Department of Corrections, as well as all Adult Learning Centers
in Alaska, uses the Test of Adult Basic Education (TABE) and the Basic
English Skills Test (BEST) for assessment of ESL students. The
education program at the contract facility is expected to utilize the TABE
and BEST, unless adequate justification can be provided for utilizing
other instruments.
b) Adult Basic Education
The ABE/GED program must offer instruction in basic skills and adult
secondary education. Basic skills include instruction in reading, writing,
and mathematics with a grade level equivalency of 8 th grade and below.
Adult secondary education includes instruction in preparing to take the
GED test and general high school equivalency instruction.
c) Student Records
The minimum information to be maintained for ABE/GED students
includes:
Student identification (preferably social security number and date of
birth)
Permission to use social security number for data collection
purposes only
Student demographic information
Prior years of schooling
Placement level at program entry
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Initial learning goals
Specified pre- and post-testing student information
Entry and update records
Attendance records
d) GED Testing
GED Testing policies and procedures must observe all regulations
cited in the GED Test Administration Manual, as published by GED
Testing Service, Inc. and endorsed by the U.S. Department of
Education.
3) Vocational and Post-Secondary Academic Programming:
A minimum of two programs must be offered. The programs must be
accredited by the Alaska Post-Secondary Commission or comparable body in
the state where the contract institution is located.
4) Vocational Education Programs
Offer a sequence of courses that are directly related to the preparation of
individuals for employment in occupations not requiring a bachelors or
advanced degree. Vocational programs should include competency-based
applied learning and instruction in occupation-specific skills. When
appropriate, vocational training programs may be tied to employment
opportunities within the given institution. Vocational training may also include
Apprenticeship programs which meet the criteria established by the U.S.
Department of Labor, Bureau of Apprenticeship & Training.
5) Post-Secondary Academic Programming:
Prisoners may access college-level academic classes, which may include
correspondence classes, at their own expense. The education program at the
contract facility will provide remedial instruction, on-site tutorial assistance and
other supplemental instruction. Existing facility staff as well as qualified
prisoners may provide remedial instruction and tutoring services.
E. Substance Abuse Program
A residential substance abuse treatment program, based on the therapeutic
community model, must be provided by State Certified Substance Abuse Counselors
delivering services to Alaska inmates only. One of the counselors must be qualified to
serve as the Clinical Supervisor on site. A ratio of one counselor to every 150 Alaska
prisoners (general count) is required. The number of prisoners in the residential
program will be determined by physical space and manageable caseloads.
The residential program must be segregated from the general prisoner population.
Within one year of the start up of the contract the program should be State approved
for a residential level of care. Program development will be a collaborative project
between the Clinical Supervisor and the Alaska DOC Substance Abuse Program
Coordinator. An assessment component of the treatment program must provide
treatment recommendations to the Alaska DOC Classification Unit upon request.
The substance abuse treatment program must address the physical, psychological,
cognitive, spiritual, emotional, social, and cultural factors of addiction. Diverse support
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groups must also be provided to prisoners in treatment as well as in continuing care
following treatment. It is preferable for prisoners completing treatment to be housed in
a continuing care unit as opposed to being returned to general population.
F. Recreation program
Time, space and equipment must be provided which encourages healthy leisure
activities. Space must be provided both inside and outside with outside recreation
made available at least 50% of the time. Recreation time shall be available a
minimum of seven hours per day, and at least 5 days per week.
Prisoners in administrative segregation and under medical care must have the same
opportunity to recreation as a general population prisoner. Prisoners in punitive
segregation and maximum security must be offered one hour per day access to out of
cell exercise.
Day rooms must be provided for indoor leisure activities and will be equipped with
televisions, furniture, games, etc.
G Hobby craft program
Hobby craft programs as defined in DOC policy 815.04, Art & Craft Programs must be
made available to DOC prisoners. The minimum number of hours for operation will be
subject to written approval by the Director of Institutions. An approved outlet or mail
order outlet must be offered for purchase of supplies. In cell programs must be
offered subject to security considerations. Prisoners may dispose of their products.
H. Library
A general library will be maintained consistent with ACA standards.
I. Volunteer Program
A volunteer program shall be developed within the Facility to provide support groups
and religious opportunities. Programs should include offerings from a variety of faith
and non faith based offerings presented by individuals who have passed background
investigations. Groups such as Alcoholics Anonymous and Narcotics Anonymous
should be included.
J. Religious Programs
The Contractor shall provide a full time Chaplain dedicated to Alaskan prisoners to
provide nondenominational religious services and spiritual care. The contractor shall
provide at least one chaplain for every 600 prisoners. If the number of prisoners
exceed 600, the DOC shall require additional Chaplain time consistent with the above
ratio.
Chaplaincy services are to include worship services, religious education, pastoral care
and counseling, religious library, sacraments, ordinances, other religious rites and
religious diets. The Chaplain qualifications shall meet professional qualifications
required by the Alaska DOC Chaplaincy. The Chaplain shall develop an adequate
program of clergy and lay volunteers for different faith groups to assist in the provision
of religious services.
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Adequate facilities must be provided for religious services and counseling for
prisoners and a Chaplain‟s office space.
A Faith-based residential program living unit shall be provided for Alaskan prisoners
based on the model developed by the Alaska Department of Corrections Chaplaincy
Coordinator. The living unit will house only prisoners accepted into the program.
Program development will be a collaborative process between the contractors
designated program supervisor and the Alaska DOC Chaplaincy Coordinator.
Program staffing shall be provided commensurate with the size of the living unit and
the requirements of the program design. A program design is available upon request
from the Alaska DOC Chaplaincy department, or by contacting the Contracting Officer
listed in Section 1.01.
K. Access to Court and Legal Materials
A law library as defined in DOC 814.02 Law Library, that meets ACA standards must
be provided. The items listed in DOC Policy 814.02 are required to be maintained in
the law library. The Contractor will provide a person trained in law to assist prisoners
and provide legal materials as requested.
Materials must be provided within ten to fourteen working days for routine requests,
within three to five working days when there is evidence of an ongoing civil or criminal
filing with a deadline which must be met and within forty working hours when a
prisoner has to file a reply memoranda or has a filing deadline of less than five days.
Law library materials must be provided to all prisoners, including segregated
prisoners.
L. Visitation
Visitation must be provided for at least four hours per day, four days per week. Special
visits must be allowed for approved visitors who have traveled long distances. Such
approvals must be made in advance.
DOC will do all background checks and visits will not be allowed until approval has
been received.
Visitation may be limited to immediate family members for those prisoners convicted
of a disciplinary infraction. Prisoners in punitive segregation must be allowed one hour
per week contact visit unless a determination has been made that there is a security
risk.
Arrangements will be made for visits with attorneys per DOC 812.02, Visitation.
4.13 Support Services
A. Mail
The Contractor shall handle and provide delivery of prisoner mail and correspondence
in accordance with DOC Policy 810.03, Prisoner Mail. Five pieces of mail weighing no
more than two pounds each may be mailed out for indigent prisoners per week. This
is not intended for mail out of property or hobby craft items.
RFP # 2005-2000-4544 52 Adult Prison Facility
B. Commissary
The Contractor will provide a commissary. Charging prisoners a surcharge or
handling fee will generally not be allowed, unless approved in writing by the Project
Director. If surcharges or handling fees are collected the proceeds will be deposited in
the Prisoner Welfare Fund (see 4.06 Fiscal Management Section). Proceeds from the
commissary account may not be used by the contractor for the operation of the facility.
All commissary actions must be done in accordance with DOC Policy 302.11 Prisoner
Commissary and DOC Policy 302.10 Prisoner Welfare Fund.
Prisoners will be given the option of ordering from the Alaskan Commissary. Contract
staff will assist will facilitation of these orders. All costs of shipping etc. must be paid
for by the prisoner.
C. Telephones
A minimum of one telephone per ten prisoners is required. Prisoners must be allowed
to make local phone calls at no expense. A phone recording system is required. All
revenues, royalties, etc. received related to prisoner telephone usage shall remain the
property of DOC. These revenues will be provided to DOC in the form of monthly
checks. Monthly reports must be provided to DOC along with the monthly checks that
reflect all revenue received for prisoner telephone calls, quantities of all calls;
including local and long distance, prisoner name, and all other pertinent information.
Legal calls cannot be recorded or monitored. Arrangements must be made for
prisoners to receive calls from their attorney.
D. Laundry
Laundry services will be provided consistent with ACA standards.
E. Personal Clothing and Items
The Contractor will determine the amounts and types of personal clothing and items
prisoners are allowed. Property lost or damaged when in control of the Contractor will
remain the sole responsibility of the contractor.
When prisoners are issued clothing, three sets must be issued. Clothing will be
replaced when it wears out or if necessary for seasonal changes and or special
purpose clothing.
F. Food Services
Food Services will be provided consistent with DOC Policy 805.01, Food Service
Standards and 805.02, Food Service Safety and Sanitation. Food served is to be
generally equivalent to food served in Alaska. There must be three meals served at
regular times during each twenty-four hour period with no more than fourteen hours
between the evening meal and breakfast. The actual meal schedule (or changes to
the schedule) must be approved by the Director of Institutions.
Special diets will be provided to prisoners consistent with DOC policy 805.03, Special
and/or Religious Diets or Meals. The menu rotation must be at least every four weeks.
RFP # 2005-2000-4544 53 Adult Prison Facility
A registered dietician must approve all menus and a copy of each new menu
forwarded to the Director of Institutions for approval. Should these be disapproved the
Contractor will be notified in writing of necessary changes. A registered dietician or
nutritionist shall review the master menus including modified menus at least annually
or whenever menu changes substantially. The Director of Institutions shall receive a
copy of annual review reports. Costs associated with providing dietician services is the
responsibility of the contractor.
G. Facility Supplies
The Contractor will provide facility supplies which includes general hygiene items,
towels, linens, office and building cleaning supplies.
4.14 Health Care Services
Overview of Prisoner Health Services
The Contractor will be responsible to provide all on-site and to coordinate specialty, hospital, and
emergent necessary medical, dental, and mental health services of comparable quality to those
available in the community. The most cost effective method of treatment to meet necessary
medical needs will be used, however the primary basis for any medical decision shall be medical
necessity and not cost.
Health services that are required to alleviate pain and suffering, including those procedures
deemed necessary to aid in increasing the level of function throughout the prisoner‟s sentence
shall be provided e.g. designated prosthetic devices as approved by the Health Services
Administrator or designee. Health care services to improve cosmetic appearance or to permit
functioning at levels not directly related to rehabilitation, services for conditions that were long
standing prior to incarceration and not deemed necessary to alleviate pain and suffering will not
be provided. (See Alaska Prisoner Health Plan – DOC Policy 807.02 Attachment A that
defines these services in detail). Experimental and unconventional treatments are not
permitted. Medical services will not be denied if they are necessary to enable a prisoner to
participate in or benefit from rehabilitative services. If there are questions or disputes regarding
level of service or authorization for services, Alaska Department of Corrections policies will
prevail.
All services provided by health care personnel other than a physician (Medical Doctor or
Osteopathic Physician), dentist, psychiatrist, psychologist, optometrist, podiatrist, physician‟s
assistant, or advance nurse practitioner, must be performed pursuant to written, direct orders by
personnel authorized and/or licensed to give such orders. Any judgment matters will be referred
to the physician.
Medical services and access must be available 24-hours per day. The Contractor is responsible
for all routine on-site health care costs and procedures. Prisoners are not authorized to pay for
the cost of their own care, as all medical necessary care shall be provided by the
CONTRACTOR. A medical co-pay program is required consistent with DOC Policy 807.07,
Prisoner Responsibility for Health Care.
The State shall not be obligated to pay for costs of medical treatment or transportation due to
contractor error: i.e. return trips required because contractor failed to send x-rays or file
information with prisoner the first trip visit or in the case of contractual relationships between the
RFP # 2005-2000-4544 54 Adult Prison Facility
State and Health Networks through failure of the CONTRACTOR to adhere to follow the set out
procedure for notification of appointment cancellations.
Except as set out below, no treatment, non-routine examination or procedure may be undertaken
without first obtaining the informed consent of the Prisoner. Informed consent is the agreement by
the Prisoner to the treatment, non-routine examination or procedure after being provided the
material facts regarding the nature, consequences, risks and alternatives concerning any
proposed treatment, non-routine examination or procedure. Informed consent may be dispensed
with at the discretion of the treating health care provider when the medical condition of the
Prisoner (i.e., emergency) or public health concerns (e.g. communicable diseases) require
immediate intervention, or when the Prisoner lacks the capacity to give consent as determined by
a physician. Informed and documented refusal is required respectively for all situations in which
the health of the prisoner may result in a risk of death or serious medical consequence as judged
by a licensed physician.
A. ADMINISTRATIVE SERVICES
The CONTRACTOR shall have in place, 60 days after award, the administrative components and
operational policies and procedures necessary for continuing compliance with contract
specifications and maintenance of accreditation status. The Alaska DOC reserves the right to
review and approve policies and procedures of the CONTRACTOR in any areas affecting the
performance of its responsibilities under law.
The CONTRACTOR shall be responsible for ensuring that its staff reports any problems and/or
unusual incidents to the Alaska DOC medical director or designee. This includes, but is not
limited to medical, security-related and personnel issues that might adversely influence upon the
delivery of health care services. The CONTRACTOR shall notify the Alaska DOC Health
Services Administrator or designee within 12 hours concerning all cases of serious illness or
injury, all hospitalizations and all deaths. Contact numbers and methods will be finalized at the
time of the contract award and will include telephone and facsimile numbers as well as e-mail
addresses. Specific logs, record-keeping formats and reporting requirements will be
finalized during negotiations with the successful respondent to this RFP.
The CONTRACTOR shall assign a central office or regional manager medical professional who
shall be responsible for monitoring the performance of all health care personnel rendering patient
care. This person shall have the direct authority to solve administrative and other operational
problems encounters.
1) Contracts & Reimbursement for Off-site Medical Services
Provisions must be made for prisoners who require radiology, consultant and/or physical
therapy services. All contracts (for which the State of Alaska is responsible for
payment) must be approved by the State‟s Health Service Administrator or designee.
The State reserves the right to negotiate directly for services with community-based
specialists, hospitals and health maintenance organizations to obtain the most favorable
rates available for care. In the event the State chooses to exercise this option, the
contractor agrees to assume responsibility to assure transport and access as required for
these off-site specialized services and in-patient hospital care.
Except in an emergency, when, in the CONTRACTOR‟S medical staff's best judgment,
out of facility medical, mental health, or dental care or treatment will exceed $250, the
CONTRACTOR agrees that its medical staff shall notify the State of the nature of the
illness or medical condition, recommended course of treatment, and the estimated costs
RFP # 2005-2000-4544 55 Adult Prison Facility
thereof. A standardized request format shall be provided by the State. The State may
authorize treatment outside the correctional facility at its expense or, at its option, return
the Prisoner to its jurisdiction for the required medical, mental health, or dental treatment.
The CONTRACTOR agrees to utilize the “Health Care Request” form as provided by the
Department for all non-emergency service and care approvals‟.
2) Mechanism for Pre-Approval & Off-Site Medical Services
All off-site consultative requests estimated to exceed $250 shall be reviewed and signed
or counter-signed by the CONTRACTOR‟S physician unless specifically waived in writing
by the Alaska DOC. For example, in cases of planned preventive care (eg. Follow-up on
laser treatment for a diabetic) a listing of exclusions may be developed and discussed
with CONTRACTOR that waives this requirement. Upon written Department agreement,
certain requests may be delegated to a mid-level health care practitioner in the interest of
simplifying operating procedures. In the absence of an emergency, the State shall not
be obligated to reimburse the CONTRACTOR for the cost of any additional care or
treatment undertaken without the prior approval of the State.
Additionally, the State shall not be obligated to reimburse the CONTRACTOR for
procedures or consultations deemed “unnecessary or inappropriate” based on prevailing
community medical standards. This includes all experimental treatments, non-FDA
approved utilization of pharmaceuticals and other medical interventions that are not
supported by evidence based medicine. (Examples include but are not limited to:
Routine endoscopic screening for treatment with Proton pump inhibitors, Annual
“screening” chest x-rays for asymptomatic persons with prior treatment for disease or a
positive PPD, screening interventions that occur outside of the recommendations of the
“US Preventive Services Task Force” (most recent recommendations) available on the
world wide web at: http://www.ahrq.gov/clinic/uspstfix.htm. Upon request in writing
from the CONTRACTOR to the DOC‟s Health Services Administrator or Designee, may
undertake on a case-by-case review to consider a waiver for the recommended
intervention and/or medication utilization, which may be granted on a discretionary basis.
Both the request and approval shall be in writing with a copy to the medical record,
including the DOC decision process.
The State agrees to reimburse the Contractor monthly for the medical services and
expenses for which the State is responsible under this section. The Contractor shall
provide invoices to the State for such costs and agrees not to add additional
administrative charges for reimbursed costs. Billings for medical services are to include
diagnosis and explanation of services provided. This includes in the case of all non-
contractual Health Network billings, “Proof-of-Service” documentation consisting of
procedure reports, lab and radiology reports, pathology reports and hospital admitting and
discharge summaries, Emergency Department reports, etc. These shall be sent to the
Inmate Health Care section at the Anchorage Central Office and filed in the medical chart.
No payment shall be rendered until this information has been received. In the
instance of Contractual Health Network, the CONTRACTOR shall be responsible only for
assuring receipt of the pertinent medical information and filing it in the medical chart.
They will not be responsible for providing copies to the Alaska DOC in these instances.
Referral of the Prisoner for specialty or consultative services will be submitted to Alaska
DOC for approval within 3 working days of referral. The request will state the priority of
the needed service and provide all necessary background information so that an informed
medial judgment can be made to approve or deny the requested service.
Consult or referral acuity shall be specified according to medical need
RFP # 2005-2000-4544 56 Adult Prison Facility
Emergency & Life Threatening - sent to DOC via fax or telephone call to the on-
call person, but the CONTRACTOR shall act immediately without waiting for DOC
response.
Urgent - will need to be seen within one week.
Moderate - will need to be seen within one month.
Routine - will need to be seen within two months.
Other - As specified by the requesting medical personnel.
3) Prisoner Health Grievance Procedure
(Note: this is associated with but separate from the grievance mechanism for other
grievances).
The CONTRACTOR shall provide the following formal grievance procedure specifically
related to health care. The State reserves the right to place Grievance, Compliance or
Standards Officer(s) at the Contractor‟s facility at the State‟s expense.
Prisoners shall be allowed to file health grievances with the CONTRACTOR‟S
Institutional Compliance Officer, the CONTRACTOR‟S Institutional Grievance and the
CONTRACTOR‟S Compliance Coordinator, or other CONTRACTOR employees as
designated by the Warden, about any health-related matter except classification and
disciplinary decisions. The CONTRACTOR shall ensure that health grievance forms are
available and that grievance procedures are posted in all housing units.
The grievance and its subject matter shall be recorded in a grievance logbook (including
electronic formats) preferably in the form of a “relational database” or a “spreadsheet” and
promptly investigated. Information included in this log shall contain at a minimum name,
date of birth and identifying number of the prisoner, nature of complaint, date received,
date answered and ultimate resolution, or if unresolved, date of referral outside of the
institution. All grievances should be resolved at the lowest level possible as practicable,
i.e. The Health Services Administrator for the institution. A clear and concise written
statement of findings and recommendations for disposition shall be forwarded to the
Warden or Assistant Warden within 10 working days of filing the grievance. The Warden
or Assistant Warden shall provide the Prisoner with a written response, including any
corrective action taken, within 5 working days.
In the event the grievance contains allegations about the Warden or Assistant Warden,
the CONTRACTOR shall immediately forward the grievance to the Alaska Director of
Institutions or designee who shall direct that the matter be investigated and shall provide
the Prisoner with the initial written response. The CONTRACTOR agrees to assist the
Alaska Director of Institutions in investigating such grievances upon request.
Prisoners may appeal the initial decision of the Warden to the Alaska Health Services
Administrator or if security personnel are involved, the Alaska Director of Institutions or
designee. Prisoners may appeal the initial decisions of the Alaska Director of Institutions
for grievances filed regarding the Warden or Assistant Warden to the Alaska Deputy
Commissioner, who shall resolve the appeal with the assistance of the Department
Standards Officer. Appeals must be submitted to the CONTRACTOR‟S institutional
compliance officer or the CONTRACTOR‟S grievance administrator within 2 working days
of the Prisoner‟s receipt of the initial decision.
The CONTRACTOR‟S medical department shall respond to grievances regarding
medical issues. The CONTRACTOR‟S Institutional Compliance Officer or
CONTRACTOR‟S Grievance and Compliance Coordinator or equivalent shall forward a
medical grievance to the medical department after it is recorded in the Alaska Unit
Prisoner grievance logbook.
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This logbook shall be kept on the equivalent of an Excel spreadsheet or in an Access
database with the details of the formatting to be determined by mutual agreement with the
final format to be approved by the DOC. This electronic logbook shall be transmitted by
e-mail on a weekly basis to the Department of Corrections. The grievance logbook shall
have clear notations as to those entries that are medical versus non-medical grievances.
The CONTRACTOR‟S Health Services Administrator or Physician shall be assigned to
investigate the medical grievance and shall provide a response, which contains clear and
concise written findings. If requested and approved in writing by the Alaska DOC a mid-
level practitioner may review grievances and respond with a “sign-off” by the Health
Services Administrator or site Physician. If the Health Services Administrator is involved,
the Warden shall assign another staff member who was not involved to investigate the
grievance. All medical grievances shall be forwarded along with a copy of the grievance
logbook to the Alaska DOC Health Services Administrator on a monthly basis on or
before the tenth day of the following month. Prisoners may appeal medical grievance
decisions to the Alaska DOC Health Services Administrator by submitting an appeal on
the form provided by Alaska DOC to the CONTRACTOR‟S Institutional Compliance
Officer or Facility‟s Grievance and Compliance Coordinator within 2 working days of the
prisoner‟s receipt of the decision. The Facility‟s Institutional Compliance Officer or
Facility‟s Grievance and Compliance Coordinator shall record the medical appeal in the
grievance logbook and forward the appeal to the Health Services Administrator for
determination.
4) Infectious Diseases / Infection Control Program
An infectious disease program must be in place to monitor prisoners with HIV, TB,
Hepatitis (All types), etc. All instances of reportable conditions or diseases (Details to
be provided by DOC at the time of contract award) as mandated under Alaska State
Law as reportable to the Alaska Department of Health & Social Services must be reported
to the Alaska DOC, regardless of the requirements of the CONTRACTOR‟s State
Department of Health.
B. HEALTH PHYSICAL PLANT, OPERATIONS & LOGISTICAL SUPPORT
The CONTRACTOR shall provide adequate clinical space for the efficient functioning to
provide care for the number of prisoners housed at the facility. Beds in the Medical
Segregation Unit will be increased proportionally as the number of prisoners increases.
The area/s providing prisoner health must be secured with a controlled door. Access must be
limited. All prisoners who are assigned to work in the area must be strip searched before leaving
the area. A procedure must be in place to account for all contraband.
Correctional staff must be assigned to the area (i.e. designated medical posting) to assist medical
staff and observe medication dispensing. The institution shall designate adequate security staff
for this purpose. One shall be assigned to supervise medical clinical during all sick call,
scheduled clinics, during emergency medical care, for dental care and at medication
administration lines. The other for escorting Prisoners to sick call, etc. as a “float” or “roving”
correctional officer must be assigned to assure access to health services. This is for the base of
500 Alaskan prisoners that with population growth may require increased officer coverage to
assure functioning.
1) Medical Segregation Unit
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At a minimum, the CONTRACTOR shall provide for a four (4) bed single celled separate
segregation unit (located in close proximity to or within the primary clinical suite). These
beds must have the necessary health personnel staffing to monitor prisoners housed
there. It is not intended that these will be utilized on an on-going basis for seriously ill
patients or those who are chronically disabled, rather for observation and short-term
management pre and post procedures and simple stable limited medical problems such
as IV antibiotic administration. Seriously ill prisoners requiring regular 24 hour intensive
monitoring (regular nursing, i.e. 2 hour vital signs or greater in frequency) for more then
24 hours shall be assessed by the site physician for appropriateness of maintenance in
the unit or need to transfer to a hospital. The facility must have at least one (1) negative
air pressure/ isolation room in the unit. All prisoners requiring 3 (three) or more
consecutive days in this unit must be reported to the Health Services Administrator. An
electronic log (i.e. Spreadsheet or relational database) of infirmary utilization must be
maintained to include the name of prisoner, unique identification number, diagnosis,
dates of stay, and disposition at discharge (i.e. general population or hospital admission,
etc.).
2) Transportation & Security Coverage outside of facility.
The CONTRACTOR shall provide security and transportation to and from the facility for
all scheduled medical appointments, court appointments, and emergency medical care, at
its expense. The Contractor shall also provide at its expense, security and transportation
from the facility to and from a designated airport utilized for transferring Alaska prisoners
to the Contractor. Said airport to be agreed upon by both parties.
The State shall be responsible for out of facility medical costs and for security furnished in
connection with hospital admissions to a hospital or long-term care facility that exceeds
72 (seventy-two) hours (The Contractor shall bear the costs for security for all
timeframes up to 72 hours, after which time the state shall be liable for security
costs).
The State shall provide transportation from Alaska to and from the designated airport and
shall be responsible for all costs related to this transport.
If the State enters into a specific contractual relationship with community health care
entities, the Contractor shall selectively utilize this line of referral and coordinate care in
the scheduling and referral of Alaska prisoners.
C. Personnel & Staffing
A minimum staffing pattern that assures the provision of on-site RN coverage with appropriate
on-call backup coverage is mandatory 24 hours per day. (See staffing plan Attachment 12)
Any proposed changes or adjustments to the pattern in Attachment 12 staffing plan must be
submitted with the RFP response as a separate document that discusses justification for
recommending a different pattern for the proposal and the potential impact on the overall financial
cost of the contract.
The designated staffing plan and any subsequent changes must be approved by the Health
Services authority for the State. All full-time equivalents noted in this plan must be designated for
the direct or administrative support care of Alaskan prisoners.
Activities by health personnel such as occupational health for correctional officers, training of
officers and care provided to non-Alaskan prisoners at the same facility will not be considered as
RFP # 2005-2000-4544 59 Adult Prison Facility
counting towards the FTE total for determining compliance with the staffing pattern as set out in
Attachment 12. ONLY time spent in direct patient care or directly related activities related to the
care of Alaskan prisoners will be considered counting towards meeting compliance. Full-time is
defined to mean the employee or subcontractor is working 40 hours per week. These are
referred to as a full-time equivalent (FTE) positions. These hours may be accomplished on a
“flexible” schedule to maximize efficiency. CONTRACTOR shall cover periods of absences
caused by vacations, holidays, and sick leave as detailed in their proposal. The total number of
FTEs for purposes of vacancy computation and potential “pay-backs” will be based upon the total
number of employees working dedicated to the care of Alaskan prisoners in the institution.
If students or interns are utilized, they must have direct supervision and not work beyond their
level of training or ability. They may not be counted as FTEs.
Minimum Staffing Levels. The Contractor shall provide the full complement of the following
medical, dental, and mental health staffing levels dedicated to Alaska Prisoners.
The per diem rate of base compensation bid in this contract shall reflect the minimum
complement of staff as stipulated in Attachment 12. This includes the number of Full-Time
Equivalents (FTEs), the credentials, and the distribution of staff. The CONTRACTOR is
responsible for assuring that all the required registrations, licenses and credentials associated
with the operation are active and in good standing. All personnel supplied by the CONTRACTOR
will be appropriately licensed in the State of location of Alaskan prisoners. In each case, they
must hold an “unrestricted license.” This includes but is not limited to medical, dental, physician
assistant, nurse practitioner, nursing and other licenses, DEA numbers and registration with the
appropriate State Boards. The CONTRACTOR‟S contractual relationship with physicians, mid-
levels, and dentists shall provide for support of Continuing Medical Education (CME) activities
either by direct monetary supplementation or providing paid “compensatory time”.
The CONTRACTOR agrees to provide 24 hour, 7 (seven) days per week access to the
CONTRACTOR‟S Medical Director and/or designee and the CONTRACTOR‟S Regional
Administrator and/or designee.
The CONTRACTOR shall provide to the Department's Health Services Administrator a
schedule of all salary information by the service commencement date, quarterly thereafter,
and upon request. When applicable, all new “Positions" shall be added to this schedule. The
contents of the schedule shall be used only for official business and kept in confidence.
Computation of health care vacancies will utilize this information for assessing monetary
penalties. (See Attachment 12).
The following credentials shall be on file with the CONTRACTOR on-site at the facility
housing Alaskan Prisoners. Access to and Copies of the items shall be provided to the DOC
upon request:
Current professional licensure
State Controlled Substance registration and DEA authorization
Insurance Coverage and claims history (prior 5 years)
Education / Training: Medical school/Graduate school, internships, residencies,
fellowship, other clinical training, Foreign Medical Graduate
Board Certification (Specialty) / Post-graduate training certificate/s
National Practitioner Data Bank (NPDB)
Federation of State Medical Boards (FSMB)
Professional Organizations (Memberships)
Hospital/Institutional Affiliation (previous 5 years)
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Signed attestation from the applicant
Up-to-date resume or curriculum vitae
Medical Staffing Vacancies. The CONTRACTOR must fill the staffing pattern as outlined in
Attachment 12 within thirty (30) days of the service commencement date. The CONTRACTOR must
maintain the specified staffing levels throughout the term of the contract. For “key positions” to
ensure the delivery of clinical care which are defined as the CONTRACTOR‟S Medical Director,
Health Administrator at the facility is 1.0 FTE or less, these positions must be covered at all times as
required by the staffing pattern or by overtime or locum tenums. Any vacancy in a key position such
as that which occurs by resignation or termination of a person on CONTRACTOR‟S payroll, shall be
filled by CONTRACTOR within one hundred twenty days (120) with a person placed on the
CONTRACTOR‟S payroll on a permanent or long-term basis and who is approved by the DOC
Health Services Administrator.
For all other positions delivering clinical care, which are defined as physicians other than those in
key positions mid-levels and nurses, these positions must be covered at all times as required by
the staffing pattern or by overtime or by CONTRACTOR adjusting assignments among other
staff. Provided, however, any vacancy in these positions providing clinical care such at that
which occurs by resignation or termination of a person on CONTRACTOR‟S payroll shall be filled
by the CONTRACTOR within ninety (90) days by a person placed on CONTRACTOR‟S payroll
on a permanent, long-term or temporary basis and is approved by the AK-DOC.
As to positions for staff not delivering clinical care, all vacancies such as that which occurs by
resignation or termination of a person on the CONTRACTOR‟S payroll shall be filled within sixty
(60) days. In the meantime, these positions may be covered by overtime, temporary employment,
or by CONTRACTOR adjusting assignments among other staff.
If the CONTRACTOR fails to fill a position as required or within the specified time-frame, the
monetary sanction shall be equal to one and one-half (1 ½) times the daily value of the
salary and benefits for the position for each day the position is not filled.
D. MEDICAL DISASTER
The CONTRACTOR will provide a disaster plan. The Medical Disaster Plan shall include, but
not be limited to the following:
Communications system;
Recall of key staff;
Assignment of health care staff;
Establishment of command post;
Safety and security of the patient and staff areas;
Use of emergency equipment and supplies;
Establishment of a triage area;
Triage procedures;
Medical records - identification of injured;
Use of ambulance services;
Transfer of injured to local hospitals;
Evacuation procedures (to be coordinated with security personnel);
Practice drills
Personnel at the other institutions shall be ready, if necessary, to assist the institution
experiencing the emergency.
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E. CONTINUOUS QUALITY IMPROVEMENT (CQI)
The CONTRACTOR shall institute a program of Continuous Quality Improvement (CQI) and
Professional Peer Review at each contract site, which will include, but not be limited to, audits
and medical record review. Physician peer review shall occur no less than quarterly. Within six
(6) months of the service commencement date, the CONTRACTOR must provide evidence that a
CQI Program is in place to include monthly meetings of the CQI committee. The CQI program
must include both process and outcome studies and must cover all aspects of care provided.
The CQI program must use multi-disciplinary committees and must involve all health care staff
during the calendar year. Mortality review and evaluation of off-site care must come under the
scope of the CQI program.
The CONTRACTOR shall perform monthly medical evaluations that track certain statistics as
defined by the Health Services Administrator or designee. Formal “audits” using a standardized
data entry sheet that focuses on clinical outcomes and CQI issues will occur thrice (3 times)
yearly. The parameters and format will be provided following a discussion between Departmental
and CONTRACTOR administrative health personnel. Final approval shall be by the Department
of Corrections. Parameters evaluated shall include both process and outcome measures.
Department of Corrections will perform similar audits at its discretion. In addition, The
CONTRACTOR shall conduct quality assurance procedures including chart-reviews by nursing
staff to assure that practitioner orders are taken from the charts by nurses, necessary follow-up
care is provided, and medications are continued as prescribed. A physician (site or regional
medical director) shall conduct chart reviews on a regular basis to review care provided by mid-
level practitioners and nurses. At a minimum, the physician shall review 15% (fifteen percent)
monthly of charts of prisoners attending chronic care clinics that are evaluated by mid-level
practitioners or who were rendered emergent care by mid-levels.
The CONTRACTOR shall establish a Utilization Management Program for off-site referrals
including subspecialty and inpatient stays. The Program must include non-urgent hospitalization
pre-certification, urgent hospital certification, concurrent review, prospective denial, discharge
planning and prior authorization of targeted procedures. The Utilization Management program
must demonstrate that access to services is appropriate and timely. Included shall be
assessment of appropriate follow-up following hospitalizations.
The CONTRACTOR shall establish and present to the Alaska DOC Health Services
Administrator a mortality review process for final approval. The Alaska DOC must be informed as
soon as feasible of any death regardless of circumstances and no later than 24 hours after the
event. A preliminary report of the mortality review shall be submitted by the site Medical
Director or Regional Medical Director to the Alaska DOC Health Services Administrator or
designee within 72 hours of the prisoner death.
F. PRISONER RECEIVING AND DIAGNOSIS FUNCTION
The CONTRACTOR shall provide a health evaluation of all new prisoners, in accordance with the
2003 National Commission on Correctional Health Care Standards for Health Services in
Prisons. The CONTRACTOR shall provide at a minimum:
1) All Intakes
Physical examination, clinical testing (standardized and as medically indicated) and
medical and dental classification according to condition need and work capability.
Included will be the recording of weight, height, blood pressure and temperature.
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2) Intake Screening / Physical Examinations
All new prisoners must be medically screened within 72 hours of their arrival. An age
and/or clinically appropriate physical examination must be performed by a mid-level
practitioner or physician within 14 days of arrival at the facility. If referred to a physician,
they must be seen within 10 days or sooner based on medical necessity. All prisoners
identified as having chronic care conditions at the time of the physical exam, must be
evaluated by a physician with a signed note in the medical chart within 10 days of the
referral.
Annual focused, age appropriate histories and physical examinations must be provided
annually for prisoners over the age of 40 and all prisoners assigned to a chronic disease
clinic and bi-annually for those under the age of 40.
3) Emergency Care
Medical staff must be trained to treat emergencies to include CPR with up-to-date
certification. Access to care must be available within the Facility within 4 minutes.
Emergency transport must be available within 20 minutes. A written mass casualty plan
must be established and annual drills conducted.
4) Age-Based & Clinically Indicated Testing
Age appropriate and clinical indicated testing will include serum chemistries [equivalent to
SMA-22 with cholesterol and high-density lipoprotein (HDL)]; Hemoglobin and hematocrit
or CBC; UA dipstick with microscopic if abnormal. HIV antibody & Hepatitis profile testing
will be on a voluntary basis with pre and post-test counseling as appropriate. (This shall
consist of “ELISA” screening with confirmation by “Western Blot” testing or its equivalent
for HIV.)
PPD skin testing (Mantoux method). Initial “two-step” booster testing will occur for all
those who are not known to be PPD positive. Chest radiographs shall be performed
as indicated by PPD reactivity or individual risk factors.
12-lead electrocardiograms (ECG) will be performed for all prisoners over 40 years of
age; or for any prisoner exhibiting clinical signs or symptoms consistent with heart
disease, or in the presence of hypertension, diabetes mellitus, hypercholesterolemia, etc.
Pneumococcal (23-valent) vaccine (single time administration) and annual influenza
vaccinations will be offered for all prisoners identified as being “high risk” for pneumonia
and influenza (Refer to CDC criteria).
5) Provision of Health Education shall consist of the following:
The CONTRACTOR shall develop, subject to Department approval, a personal health
education program minimally utilizing posters and pamphlets. To further this health
education process, formal sessions shall be made available based on the assessed
educational needs. Selected topics for these sessions may include, but are not limited to:
Orientation to Health Services and access to health care
Personal hygiene;
Stress management;
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Tuberculosis, hepatitis and other infectious and communicable diseases;
Prevention of HIV infection and other sexually transmitted diseases.
Diabetes;
Hypertension and Cardiac disease;
Adverse affects of tobacco use and effects of alcohol and psychoactive drug use;
Positive effects of physical activity and a healthy diet;
Prevention of dental and periodontal disease;
G. Primary Medical Care
The CONTRACTOR shall provide on-site primary and preventive health care services in
accordance with the National Commission on Correctional Health Care Standards for Health
Services in Prisons (2003 Edition, as updated) at each institution covered by this agreement.
The CONTRACTOR shall provide on-site primary health care and preventive services to
include the following:
1) Triage and screening:
The CONTRACTOR‟S medical personnel (an RN or higher-level health professional)
shall screen written requests for health care within 24 hours of receipt of such requests to
determine whether a prisoner needs referral to nursing sick call or be examined if
indicated by a mid-level practitioner or a physician. If it is determined from the above
screening or at nurse sick call that the prisoner needs an examination by a higher level
practitioner, such examination shall take place within 72 hours of the receipt of the written
request, or sooner if necessary. The time, date, and signature of the medical personnel
who performed the screening or sick call and any examination shall be noted on the
Prisoner‟s written request and the request shall be placed in the prisoner‟s medical
record.
Any unresolved diagnostic or therapeutic problems shall be referred to a mid-level
provider or to the physician. Any prisoner presenting for the third time with the same
unresolved complaint shall be scheduled to see the physician at the next sick call.
2) Sick call
Sick call must be held daily and conducted by a physician nurse (RN) or mid-level (PA or
ANP) within one (1) day of their request and shall be available exclusively to Alaska
Prisoners at specified times which are posted in all Alaska housing units. Nurses must
follow established protocols. If performed by a nurse and referred to a mid-level provider,
they must be seen with three (3) days of the referral. If referred to a physician, they must
be seen within five (5) days of the referral. Any prisoner presenting with a persisting or
undiagnosed problem or complaint three times to health personnel must be referred to a
physician for evaluation. A process must be in place for the prisoner to request care as
well as a process for referrals from non-medical staff. All prisoners presenting three (3)
times with the same unresolved compliant shall be evaluated by a physician within 48
(forty-eight) hours of the third presentation or sooner depending on clinical indication.
The Contractor's sick call under this contract shall be conducted by a physician or other
qualified health care personnel. The specified minimums are:
Sick call minimums:
Prisoner must be seen in Nurse Line within 24 hours of the request.
Prisoner must be seen by a mid-level practitioner within 72 hours of referral.
RFP # 2005-2000-4544 64 Adult Prison Facility
Prisoner must be seen by physician within 72 hours of referral.
Housing assignments, program assignments, disciplinary measures, and transfers to or
from facilities regarding any Prisoner diagnosed as having a significant medical illness or
condition must be approved by responsible health care personnel. Health care personnel
may only disapprove such actions for sound medical reasons. Segregation for non-
medically valid reasons is not permitted. All medical segregations shall be recorded in a
separate log that includes name, identifying information, dates and reason for
segregation. Review and evaluation of this log shall be included in the CQI program
described herein.
3) Post Hospitalization and Emergency Room evaluation
All prisoners regardless of clinical diagnosis who are transported to an outside health
care facility on an emergent basis (eg. Emergency Departments, ambulatory care
centers, day surgery centers or hospitals) must be evaluated on return within 24 (twenty-
four) hours by the site physician. Initial assessment may be by a RN or mid-level
practitioner, but the physician must review the finding and orders from the outside health
care entity. Documentation of this evaluation is mandatory and must dated, timed, and
signed by a physician.
4) Non-Medical Segregation Units
Procedures must be in place to ensure that prisoners are given a medical evaluation at
the time they are placed in segregation. Thereafter, rounds in areas of segregated
prisoners must be performed daily by medical staff. An area must be available to provide
direct supervision of segregated prisoners if medical or mental health conditions warrant.
Restraints may be used only if authorized by the Warden and the Facility Health Care
Authority. A higher level practitioner (mid-level or physician) must visit the “locked-down”
areas of a facility at least once each week.
H. SECONDARY MEDICAL CARE SERVICES
The CONTRACTOR may be required to make referral arrangements with specialists for the
treatment of those prisoners with health care problems that may extend beyond the primary care
services provided on-site. Alternatively, the Alaska DOC may opt to contract directly for these
services. The CONTRACTOR agrees in these instances (Direct Alaska DOC – Specialist
contracts) to selectively refer and utilize these services. All specialists must be Board Certified or
qualified in their respective specialty.
The CONTRACTOR shall arrange for specialty clinics to be conducted on-site at the various
institutions whenever practical. The CONTRACTOR shall be responsible for the acquisition and
delivery of all supplies used or ordered by the specialist, (Depending upon Alaska DOC
Departmental approval) including: recommended prosthetics, braces, special shoes, glasses,
hearing aids, orthopedic devices, etc. When invoices are provided, the Department shall
reimburse the CONTRACTOR for the cost.
CONTRACTOR shall endeavor to consolidate the scheduling of appointments and services for
prisoners with community physicians, hospitals and other health care providers and services to
minimize the impact upon security staff, and available vehicles.
All recommendations involving any special procedures or non-routine follow-up must be
communicated verbally between the consultant and the primary care physician within 24 hours of
RFP # 2005-2000-4544 65 Adult Prison Facility
the consult. Each activity must result in a legible report in the prisoner's medical record within 72
hours of the encounter. When a patient is returned to their resident institution, the contractor
must place a written report in the medical record based upon a discussion with the off-site
consultant that contains the following:
Reason for the consult (subjective)
Appropriate exam/lab findings (objective)
Diagnosis (assessment) including specific recommendations
Discharge plan(s) as appropriate
Follow-up appointment (if necessary).
I. TERTIARY MEDICAL CARE SERVICES
CONTRACTOR shall be responsible for assuring access to all necessary hospital and consultant
services for prisoners according to any agreement that the Alaska DOC negotiates with an
outside health entity. Regardless, the CONTRACTOR shall be fiscally responsible for the first 72
hours of all hospitalizations costs. After this time, the cost will shift to the Department.
Additionally the timeline for submissions for reimbursement must comply with the stipulations as
established by the DOC Health Services Administrator or designee or penalties will be imposed,
(Up to and including non-reimbursement for billings that are tendered beyond the 120-day limit
from service delivery). When the State has a contractual relationship with the entity providing
elective health services that directly bill the Alaska DOC, the CONTRACTOR is responsible only
for obtaining pre-authorization for services and clinical follow-up but not for billing. The
CONTRACTOR shall preferentially negotiate with local health entities in the event that the
Department is unable to do so or maintain a “preferred” provider relationship with a health entity
that is in close proximity for the purpose of emergency transfers. If it is not possible to negotiate
a competitive rate or other logistical problems occur, the CONTRACTOR may negotiate with
other health care systems or hospitals providing a similar level of services, subject to Alaska
DOC final approval.
J. EMERGENCY MEDICAL SERVICES
The CONTRACTOR shall be responsible for health care delivery on a 24-hour basis. In the
event of an emergency, Health Services staff will be expected to provide on-site emergency
interventions. All ambulances utilized shall be equipped with life support systems and shall be
operated by personnel trained in life support that are certified by the State of location.
CONTRACTOR shall be responsible for all emergency transportation and will coordinate all
emergency transfers with security staff. In any case where the Shift Commander or designee has
determined that an prisoner needs medical attention and cannot travel to the institution‟s
infirmary, appropriate medical personnel, i.e. physician, nurse, nurse practitioner or physician‟s
assistant will render immediate health care to the prisoner at his/her current location.
The CONTRACTOR shall be responsible for all medical costs and expenses that are emergent
and utilize local resources assuming the State does not have a direct agreement with the entity
providing services. This is covered by the CONTRACTOR as part of its responsibility for the
initial 72 hours of off-site services.
The facility will have a defibrillator and an emergency crash cart in order to provide all
interventions described by Advanced Cardiac Life Support (ACLS) protocols. The Medical
Director or the responsible physician must be ACLS certified (up-to-date) and all licensed health
RFP # 2005-2000-4544 66 Adult Prison Facility
care staff will be Basic Cardiac Life Support certified (up-to-date). The institution will conduct an
unannounced "mock code" with complete documentation at least quarterly.
The CONTRACTOR shall ensure availability of emergency treatment through predetermined
arrangements and will develop a plan and agreements with off-site facilities for referral of all
emergencies that cannot be treated on-site. All emergencies requiring a "911 call" or its
equivalent will be reported to the DOC Health Services Administrator or designee within 24 hours
with documentation that includes the elapsed time between the call for assistance and the arrival
of trained personnel. An on-site log of all such calls will be maintained at the facility for review by
the Alaska DOC.
The CONTRACTOR shall be reimbursed by the State at an hourly rate equal to the
CONTRACTOR‟S security officer pay for this security coverage, (i.e. for hospitalizations or off-site
maintenance in a skilled nursing facility that exceed 72 hours). Overtime pay will not be
approved, the State will reimburse at the hourly rate regardless of the hours covered by an
individual security officer during a regular workweek. The state reserves the right to contract
directly for these services, in which case the CONTRACTOR agrees to administratively handle
assuring placement of security, but will not be responsible for billing and/or payment, which will
be the direct responsibility of the DOC.
NOTE
Required Follow-up on Serious Medical Concerns:
ALL prisoners who are hospitalized must be seen by a physician upon return to the site within 24
hours of discharge or earlier contingent upon clinical condition.
ALL prisoners sent to the Emergency Department must be evaluated by a mid-level or physician
within 24 hours of the off-site evaluation or earlier contingent upon clinical condition.
K. ORAL HEALTH CARE PROGRAM
The CONTRACTOR shall develop and implement an oral health care program consisting of
diagnostic, preventive, restorative and rehabilitative services. The oral health program shall be
directed by a clinical dentist with proven administrative competence and preferably with
experience in a correctional setting. The Dental Director shall plan, organize, staff, direct,
evaluate and represent the oral health care program in accordance with the level of care
approved by the Alaska DOC. The oral health program shall provide for the basic oral health
needs of the prisoner population through the diagnosis of existing oral conditions, services for the
relief of pain and elimination of infection, preventive measures to avert the need for restorative
procedures, to maintain optimal oral health and to restore adequate function and mastication.
Prisoners must be screened within fourteen (14) days of intake and provided an initial exam sixty
(60) days after screening.
Emergent services must be provided within 14 to 72 hours and routine care within 60 days of the
prisoner‟s request. The provision of these services shall be prioritized in a manner that
approximates the following:
Emergency services for the relief of pain, bleeding, infection, trauma, etc.
Diagnostic services and documentation.
Essential oral surgical services.
Conservative treatment of the periodontium to include oral hygiene instruction, scaling and
root planing.
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Conservative restorative services employing amalgam, composite and stainless steel crown
procedures.
Prosthetic appliances necessary to replace the incising and masticating functions.
The CONTRACTOR shall be responsible for maintaining the existing oral health equipment in
ideal working order; the provision of supplies and materials to ensure a functioning operation;
ensuring compliance with OSHA standards; and providing quality services at a level consistent
with local community standards for dental care.
L. MENTAL HEALTH SERVICES
The CONTRACTOR shall assure that mental health professional services are available and shall
ensure that if it is indicated that a prisoner is suffering from mental illness or is in need of
immediate mental health care, the prisoner shall be referred for evaluation and diagnosis by a
clinical psychologist or psychiatrist that meets state and/or national certification. A Psychiatrist
shall be on call 24-hours daily, seven days a week and present on-site on an as needed basis a
minimum of 16 hours per week. (Based on a population base of 500, See Appendix 12 for
larger populations).
Mentally ill prisoners shall be offered psychological or psychiatric treatment if a health care
provider, exercising ordinary skill and care, concludes with reasonable medical certainty that the
prisoner‟s symptoms indicate a serious mental illness or injury; treatment could cure or
substantially alleviate the disease or injury; and delay or denial of care could substantially harm
the prisoner. A contract or an employee relationship must be in place with a trained (Board-
qualified or Certified) psychiatrist to prescribe and monitor psychotropic medications.
Emergent Care
Emergency requests (from prisoners and staff) for mental health intervention (exhibiting behavior
indicating imminent danger to self or others and/or grave disability) are to be evaluated by a
qualified mental health professional as soon as practicable or within 4 hours of referral. On-call
psychiatric services must be available 24-hours per day to assist medical staff in the
management of acute mental health needs. In lieu of on-site evaluation, transport to an
emergency department capable of evaluating and treating acute psychiatric symptoms is an
acceptable alternative.
Urgent Care
Urgent requests for intervention (prisoner exhibits unstable behavior, displays signs and or
symptoms indicating a risk potential for harm to self or others) must be evaluated by a licensed,
qualified mental health professional within 24 hours.
Routine Care
Routine requests for mental health care (stable condition, prisoner requests an appointment)
are to be evaluated by a qualified mental health professional within five (5) working days.
1) Suicide Prevention & Training
A suicide prevention policy must be in place and annual training provided to all prisoner
health and security staff. All reports of Alaskan prisoners put on Suicide Precautions
shall be reported to the DOC Director of Institutional Mental Health or designee within 24
hours.
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2) Involuntary Medications
If required in an emergency to prevent the prisoner from causing injury to self or others, or
due to grave disability, emergency medication administration may be authorized by the
psychiatrist or, in the absence of the psychiatrist, by a medical physician with prescriptive
authority. This emergency order must be reviewed by the psychiatrist or on-call
psychiatrist within 24 hours.
Medical staff shall seek State input on the triage and assessment of a prisoner prior to
continuing that prisoner on involuntary psychotropic medications. Policies must be
established for the ongoing administration and review of involuntary medications. All
reports of Alaskan prisoners put on involuntary medications shall be reported to the DOC
Director of Clinical Psychiatry and/or Director of Institutional Mental Health within 24
hours.
3) Mental Health Treatment Plans and Medications
A psychiatrist must review all uses of psychotropic medications at least every three
months for clinically stable patients and at least monthly for patients undergoing
medication adjustment or with active mental health problems. All new psychotropic
medication prescriptions must be conveyed to the State to assure appropriateness of
treatment and/or placement in the Contractor‟s facility.
At a minimum, monthly treatment teleconferences shall be held between the contract
facility mental health staff and that of the State, unless otherwise instructed by the State.
4) Therapeutic Restraints
The Contractor may only use therapeutic restraints or seclusion to control prisoners who
have threatened to injure themselves, who exhibit self-destructive behavior, or who pose
imminent danger to themselves or others because of their uncontrolled behavior. The use
of therapeutic restraints and seclusion together shall only be prescribed when no
acceptable alternative exists. The Contractor shall treat all prisoners in the least
restrictive fashion that is consistent with their requirements for treatment and safety.
The use of physical restraints or segregated housing shall not be used in lieu of
counseling or other psychiatric services for a prisoner suffering from a mental illness
unless part of a treatment plan prescribed and reviewed monthly by a qualified mental
health professional, or unless in an emergency.
All use of force incidents, including physical and chemical restraints for therapeutic
purposes, shall be reported to the DOC Director of Institutional Mental Health or
designee within 24 hours.
M. ANCILLARY AND OTHER MEDICAL CARE SERVICES
1) Laboratory Services
The CONTRACTOR must assure Clinical Laboratory Improvement Amendment (CLIA)
compliance as required for all in-house laboratory services. The CONTRACTOR shall
enter into a subcontract for all laboratory services that cannot be provided on site.
Laboratory services must include a provision for “Stat” work and “critical level” abnormals
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with results provided within six (6) hours after the specimen is obtained. A written report
shall follow.
Concerning subcontracting with a clinical laboratory the following shall apply
concerning services and capabilities:
Provision of all Laboratory supplies;
Pick-up and delivery on a daily basis, Monday through Friday;
Printer or computer to provide test results installed at each Clinical Site;
Reporting capability within 24 hours; and
Phlebotomy services as currently provided and specified.
CONTRACTOR or its subcontracting laboratory shall comply with national and State's
recommended analytical methods/procedures.
CONTRACTOR or its subcontracting laboratory shall be capable of providing the level
of reporting required for purposes of quality improvement and utilization review.
2) Pharmacy Services
Pharmaceutical services will be provided in accordance with the 2003 National
Commission on Correctional Health Care Standards for Health Services in Prisons, as
updated. At a minimum, the CONTRACTOR shall be responsible for the administering,
and in compliance with State Pharmacy regulations “dispensing” of medications ordered
by the CONTRACTOR employees. The CONTRACTOR shall utilize the Alaska DOC
Formulary (See DOC Policy 807.05, Alaska DOC Formulary). Any future proposed
changes shall also be submitted for review and approval prior to implementation. In the
provision of pharmacy services, the CONTRACTOR shall comply with all state and
federal laws.
The CONTRACTOR shall be responsible for the procurement, payment, inventory
control, dispensing and disposal of all pharmaceuticals including psychotropic
medications. At the discretion of the DOC specific medications may be provided by the
DOC pharmacy (this includes both formulary and non-formulary medications). The
CONTRACTOR shall be responsible for the administration of these and all medications.
The CONTRACTOR‟S pharmacy shall be able to perform the following functions:
Maintain inventory, cost, ordering records for all pharmaceuticals including all
over-the-counter medications dispensed by the pharmacy.
Keep up-to-date patient drug profiles.
Identify potential drug interactions for all ordered drugs
Generate lists of prisoners on specific drugs and by prescribing practitioner.
Identify any prisoner who is enrolled in a chronic care clinic.
Generate lists of prisoners whose medications are within 7 days of expiration.
Generate a listing of the most frequently prescribed drugs and the most expensive
drugs prescribed within each institution must be immediately retrievable.
Develop and implement a Continuous Quality Improvement (CQI) program for the
pharmacy program demonstrating a knowledge and focus on outcome measures
and indicators.
Medication appropriate for self-administration must be dispensed in a “blister-pack.”
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The CONTRACTOR will provide facsimile machines or computers to medical units
that for pharmaceutical transmission orders. The CONTRACTOR will be
responsible for the costs and provision of the supporting technology.
3) Pharmacy Supplies
The Contractor shall provide stock pharmacy supplies to ensure that Prisoners have an
adequate and timely supply of medications and medical supplies in the facility.
Medications prescribed must be available to the Prisoner within 24 hours of the time the
prescription is written for “routine” non-urgent prescriptions, or as medically necessary
within a timeframe deemed sufficient by the prescribing health care professional. Stock
pharmaceuticals shall be available to assure timely delivery of necessary medications.
Medications must be available to prisoners in pill line three times per day and for
segregated prisoners according to medical need. Medications must be available 24 hours
after it is ordered for routine prescriptions and within 12 hours for more emergently
required treatments.
Policies must be in place to ensure inventory control, appropriate dispersal based on
physician‟s orders, and safeguards for handling medication. The State of Alaska DOC
formulary shall be utilized by the contractor. The contractor will provide in their RFP
response its proposed mechanism for non-formulary approvals and/or additional costs.
Non-formulary review and approval or denial must be accomplished within 5 (five) days of
submission for non-emergent medications. A mechanism to allow emergent
administration of non-formulary medications as prescribed by a physician must be in
place and specifically delineated in the RFP response. Hours for medication dispensing
will be posted in all housing units.
4) Administration of Medication minimums:
Pill call rounds will occur 3 times/day, 7 days/week for all general population
prisoners.
Pill call rounds will occur 3 times/day, 7 days/week for all segregation prisoners.
All prisoners prescribed psychotropic medications must be observed at pill line by
health personnel unless specifically waived by the prescribing psychiatrist for “Keep
on person” medicating.
All prisoners taking medications for a contagious or potentially life-threatening
infectious disease will have their medications administered as “Directly Observed
Therapy”. (Eg. Tuberculosis, HIV-related infections and disease, bacterial
endocarditis or severe soft tissue cellulitis, osteomyelitis, etc.) with appropriate
documentation.
Over the counter medications will be made available at commissary for no cost.
Limited over the counter medications will be provided at no cost if ordered by a health
care provider. The medications available at commissary shall be determined by the
Alaska DOC as per policies. (List to be discussed at time of contract award and
subject to change during contract period, as necessary).
5) ECG Services
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Routine ECG services shall be provided on-site by the CONTRACTOR to include all
equipment and supplies. Services shall include, but not necessarily limited to:
Cardiologist over-read with immediate responses,
Printed report of ECG with strip within 10 minutes; and
Equipment maintenance and service within 24 hours.
6) Radiologic Services
The CONTRACTOR shall be responsible for the provision of all on-site and simple
radiological studies. This includes plain films of long bones, chest radiographs, flat plates
of the abdomen and skull films. Explicitly excluded are: CAT scanning, MRI, fluoroscopy,
ultrasound and special studies). The CONTRACTOR shall arrange with a radiology
group to provide for the “over-reading” of all radiographs by a “Board-Certified”
radiologist. The contract established must assure a turn-around time of 72 hours for all
written reports. For procedures beyond the capability of the equipment on-site, the
patient shall be referred to an off-site health care facility. (Note: RFP response should
delineate and describe on-site services available).
7) Optometry & Ophthalmologic Services
Provision of on-site ophthalmologic examination equipment shall be the responsibility of
the CONTRACTOR to reduce the need for off-site transports for these services. This
must include the capacity to perform “Dilated Funduscopic Examinations” for screening
for diabetic retinopathy. Eye examination shall be performed in accordance with NCCHC,
ACA, and Alaska DOC Standards of Care. A qualified optometrist shall examine
prisoners with specific complaints, with referral to an ophthalmologist as appropriate. The
delivery of an on-site optometry program must include all medically necessary
eyeglasses. Prisoners who have 20/40 vision or better and at least one eye uncorrected
with neither eye being less than 20/40 corrected will not be given glasses unless they are
presently wearing glasses or have worn glasses during the last two (2) years. Prisoners
must be evaluated for eye exams yearly upon request. Elective, non-urgent services
must be provided within 60 days of the prisoner‟s request. Glasses must be provided
within three (3) weeks of the examination.
Prisoners requiring the care of an ophthalmologist shall receive that level of care as
medically necessary. An indication of need for further examination would be if the visual
acuity is not at least 20/40, or if the intraocular pressure is above 20. Further, if a disease
process such as diabetes requires additional follow-up or baseline ophthalmologic
evaluation this will be done. All diabetics must be evaluated by a practitioner certified to
perform a full dilated funduscopic exam and diagnosis retinopathy. Should therapy such
as laser treatment be required, only an ophthalmologist can perform such treatment.
8) Physical Therapy & Rehabilitative Medicine
The CONTRACTOR shall provide physical therapy services in the facility(s) identified.
The CONTRACTOR shall provide a full range of physical therapy and rehabilitation
services to prisoners as needed. Preferably, the care shall be rendered on-site, but in
cases requiring higher-level services, appropriate referral and utilization of community
based resources may be necessary.
9) Medical Records
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Medical records will be provided and managed in accordance with the National
Commission on Correctional Health Care Standards for Health Services in Prisons. The
CONTRACTOR shall be responsible for the maintenance, retention and the timely
transfer of a complete, standardized “Problem Oriented Medical Record.” The “SOAP”
format for progress notes shall be used for all prisoner records. Additionally, the
CONTRACTOR shall maintain medical records in accordance with prevailing medical
regulations for confidentiality, retention and access. Any alternative must be approved by
the Corrections Department and medical records will be organized and maintained in
accordance with Alaska DOC policies and procedures. The system must be overseen by
a credentialled health information management professional who is responsible for
assuring the system and Departmental needs are met.
Standards for Medical Records
The CONTRACTOR shall maintain medical records on paper and/or in electronic format
(subject to Department approval) that is set forth in a timely, legible, current, organized
manner, and which permits effective and confidential patient care and quality review;
The CONTRACTOR shall have medical record confidentiality policies and procedures
that implement the requirements of State and Federal law and policy and this Agreement;
The CONTRACTOR shall establish, and shall require its practitioners to have, an
organized medical record keeping system and standards for the availability of medical
records appropriate to the practice site;
The CONTRACTOR shall provide appropriate access to all prisoner medical records for
purposes of quality reviews to be conducted by Alaska DOC or agents thereof, and that
the medical records be available to health care practitioners for each clinical encounter.
Medical Records will include, but are not limited to:
Problem list;
Completed receiving screening form;
Health appraisal data form and flow sheets;
All findings, diagnoses, treatments, dispositions;
Prescribed medications and their administration;
Laboratory, x-ray and diagnostic studies;
Signature and title of each documented;
Consent and refusal forms;
Release of information forms;
Place, date, and time of health encounters;
Discharge summaries of hospitalizations and off-site procedures and consultant
reports;
Health service reports, e.g. dental, psychiatric and other consultations;
Medical classification transfer sheet.
All health care records prepared pursuant to this Agreement shall be the property of the
Alaska DOC but shall be maintained in the sole possession, custody and control of
CONTRACTOR. CONTRACTOR shall not deny to the Inmate Health Services
Administrator, or designee access to such records for examination and photocopying at
no additional cost to the State. Requests to the CONTRACTOR for medical records
and/or information shall be made by the Department's representative(s), counsel for the
Department, Alaska Attorney General‟s office, or the Department Health Services
Administrator. Requests to the CONTRACTOR for medical records must follow
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confidentiality requirements. At the expiration of this Agreement or when prisoners are
released from institutional supervision, all such records shall be delivered by the
CONTRACTOR to the Department. The CONTRACTOR may make copies of those
records at CONTRACTOR‟S request and expense. Medical records include those
recorded on paper, micro graphics, computer electronics, audio tapes, film, photographs,
videotapes and any other recording medium.
Continuity of care is an important issue. For this reason, upon each transfer, an
appropriate transfer summary to include an updated problem list, current medications,
pending laboratory studies and current treatment plan must be documented in the chart at
the time of transfer. The receiving institution will similarly record pertinent information in
the chart to assure continuity of care.
Upon the expiration or cancellation of this contract, should the Department award the
succeeding contract to a CONTRACTOR other than the current CONTRACTOR, all
prisoner-related information either paper or electronic data files shall be transferred from
the current CONTRACTOR to the succeeding CONTRACTOR. All data maintained
under the terms of this Agreement remain the property of the Department. Other data
files of a proprietary nature, not involving prisoners, remain the property of the current
CONTRACTOR.
10) Mental Health Records
Mental Health records must be kept in a locked area with controlled access. Records
must be maintained in a manner consistent with community and professional standards,
including compliance with federal regulations (HIPPA). Providers of mental health
services will use DOC-approved forms for documenting clinical consultations with
Alaskan prisoners. Copies of these consults shall be sent to the Mental Health
department at Anchorage Central Office at least monthly. A complete copy of the mental
health record shall accompany the prisoner upon return to Alaska.
N. SAFETY, SANITATION, AND INFECTION CONTROL
The CONTRACTOR is responsible for training its staff and implementing the proper methods of
handling, storage and disposal of biomedical hazardous waste. This includes needles, syringes
and other materials used in the treatment of the prisoners. The CONTRACTOR shall be
responsible for maintaining compliance with all federal, state, and local infection control policies,
procedures, guidelines and standards. The CONTRACTOR shall be responsible for staff
training, staff and patient protection devices, and other requirements mandated by law, rules, and
regulations.
Infection Control: An infection program shall be implemented by the CONTRACTOR, which
includes: concurrent surveillance of patients and staff, prevention techniques, and treatment and
reporting of infections in accordance with local and state laws. Safety and Sanitation Inspections:
CONTRACTOR shall participate in monthly safety and sanitation inspections of the institution
food service, housing and work areas. Alaska DOC personnel will participate at the department‟s
discretion. CONTRACTOR shall make appropriate recommendations for corrections of
discrepancies.
O. SPACE, EQUIPMENT AND COMMODITIES
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The CONTRACTOR shall be responsible for ongoing maintenance, repair, and replacement of
existing equipment to deliver the level of services described herein. The CONTRACTOR shall be
responsible for the procurement of all additional equipment required to provide the level of
services defined for all facilities described in this contract.
The CONTRACTOR will provide a medical library to include at a minimum a current medical
dictionary, Physician's Desk Reference (PDR), Pharmacology Reference, NCCHC and ACA
standards, Joint Commission on the Accreditation of Health Care Organizations (JCAHO)
Ambulatory Care Standards and other current (publication within the last 4 years) medical texts
and books or journals as recommended by the CQI committee.
The CONTRACTOR shall assure compliance with all OSHA guidelines and other State and
Federal statues concerning infection control and handling of infectious materials.
P. TELEMEDICINE
Telemedicine technology represents an opportunity to restructure the manner in which access to
specialty consultation is provided to prisoners. As the potential benefits of telemedicine become
evident, the CONTRACTOR will be expected to cooperate with the Department in the utilization
of this technology dependent upon local access.
Q. DEPARTMENT RESPONSIBILITY CONCERNING PRISONER HEALTH
During the term of this contract, the Alaska DOC shall:
1. Provide CONTRACTOR with information concerning each prisoner as appropriate.
2. Compensate the CONTRACTOR as determined in final contract.
3. Monitor the effectiveness of CONTRACTOR‟S Continuous Quality Improvement (CQI)
program.
4. Provide for review and adjudication of prisoner grievances.
5. Provide data elements for CONTRACTOR reporting.
6. Monitor data submitted by the CONTRACTOR.
Note: Performance by the CONTRACTOR shall not be contingent upon time availability of
Alaska DOC personnel or resources with the exception of specific responsibilities stated
in this contract and the normal cooperation that can be expected in such a contractual
Agreement. The CONTRACTOR’S access to Alaska DOC personnel shall be granted as
freely as possible. However, the competency or sufficiency of Alaska DOC staff shall not
be reason for relieving the CONTRACTOR of any responsibility for failing to meet required
deadlines or producing unacceptable deliverables.
R. HEALTH SERVICES CONTRACT ADMINISTRATOR
The Health Services Administrator is, and his/her successor shall be, designated by the
Commissioner of Department of Corrections. The Department shall notify the CONTRACTOR of
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any changes in the identity of the Health Services Administrator. The Health Services
Administrator is empowered and authorized as the agent of Alaska DOC to represent Alaska in
all matters related to this Agreement except those reserved to other Alaska DOC personnel by
the Agreement. Notwithstanding the above, the Health Services Administrator does not have the
authority to amend the terms and conditions of this Agreement. All medical related events,
problems, concerns or requests affecting this Agreement shall be reported by the
CONTRACTOR to the Health Services Administrator.
S. CONTRACT MODIFICATION
In the event that changes in Federal or State statute, regulation, rules, policy, or changes in
Federal or State appropriation(s) or other circumstances require a change in the way Alaska
DOC manages its medical program, this Agreement shall be subject to substantial modification
by amendment. Such election shall be effected by the Department sending written notice to the
CONTRACTOR. The Alaska DOC‟s decision as to the requirement for change in the scope of the
program shall be final and binding. The amendment(s) shall be implemented by Agreement
through re-negotiation in accordance with 3.18 Contract Changes – Anticipated Amendments.
T. SUBCONTRACTS CONCERNING PRISONER HEALTH
The CONTRACTOR is solely responsible for fulfillment of the Agreement with the Alaska DOC.
The CONTRACTOR shall remain solely responsible for performance by any subcontractor under
such subcontract(s).
The Alaska DOC may undertake or award other agreements for work related to the task
described in this document or any portion therein if the CONTRACTOR‟S time available and/or
priorities do not allow such work to be provided by the CONTRACTOR. The CONTRACTOR shall
fully cooperate with such other CONTRACTOR and Alaska DOC in all such cases. Alaska DOC
reserves the right to withhold payment for such services from the CONTRACTOR.
Subcontracting Requirements - The CONTRACTOR may subcontract to a qualified individual
or organization for the provision of any service defined in the scope of work. The
CONTRACTOR is encouraged to submit sample contracts for any proposed subcontracts in
their proposal. The Alaska DOC reserves the right to review all subcontracts and/or any
significant modifications to previously approved subcontracts to ensure compliance with law,
policy, and requirements. The CONTRACTOR is required to give the Department prior notice
with regard to its intent to subcontract certain significant contract requirements including, but
not limited to credentialing, utilization review, and claims processing Credentialing
Requirements - The CONTRACTOR must maintain policies and procedures for verifying that
the credentials of all its providers and subcontractors meet applicable standards as stated in
the Scope of Work.
Review Requirements - The CONTRACTOR must maintain a fully executed original of all
subcontracts, which are accessible to the Department upon request.
Minimum Requirements -Subcontracts must contain at least the following provisions:
Subcontracts must be executed in accordance with all applicable state laws, regulations, policies
and rules;
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Subcontracts must identify the parties of the subcontract and their legal basis of operation in the
State of location;
Subcontracts must include the procedures and specific criteria for terminating the subcontract;
Subcontracts must identify the services to be performed by the subcontractor and those services
performed under any other subcontracts(s). Subcontracts must include provision(s) describing
how services provided under the terms of the subcontract are accessed by prisoners;
Subcontracts must include the reimbursement rates and risk assumption, if applicable;
Subcontractors must maintain all records relating to services provided to prisoners for a six (6)
year period and shall make all prisoner‟s medical records available for the purpose of quality
review conducted by the Alaska DOC or is designated agents;
Subcontracts must require that prisoner information be kept confidential, as defined by state law;
Subcontracts must include a provision that authorized representatives of the Alaska DOC have
reasonable access to facilities and records for fiscal and medical audit purposes;
Subcontracts must include a provision for the subcontractor to release any information necessary
to perform any of its obligations;
The subcontractor must comply with all applicable State and Federal statutes, laws, rules, and
regulations;
Subcontracts shall include provision for termination for any violation of applicable Alaska DOC,
State or Federal requirements; The CONTRACTOR shall not contract with an individual provider,
an entity, or an entity with an individual who is an officer, director, agent, or manager who owns or
has a controlling interest in the entity, which has been convicted of any felony offense.
In its subcontracts, the CONTRACTOR shall ensure that subcontractors agree to hold harmless
the Alaska DOC in the event that the CONTRACTOR cannot or will not pay for services
performed by the subcontractor pursuant to the subcontract. The hold harmless provision shall
survive the effective termination of the contractor/subcontractor contract for authorized services
rendered prior to the termination of the contract, regardless of the cause giving rise to
termination and shall be construed to be for the benefit of the prisoners.
U. RECORDS AND AUDITS
1) Compensation Records
The CONTRACTOR shall maintain detailed timed records, which indicate the date, time,
and nature of services rendered. These records shall be subject to inspection by the
State of Alaska, the Department of Administration, Division of Finance, the State Auditor
and/or any authorized State entity and shall be retained for three (3) years. The Alaska
DOC or its designee shall have the right to audit billings both before and after payment.
Payment under this Agreement shall not foreclose the right of State of Alaska to recover
excessive illegal payments as well as interest, attorney fees and costs incurred in such
recovery.
2) Other Records
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The CONTRACTOR shall retain all prisoner medical records, collected data, and other
information subject to State of Alaska, State of location, and Federal reporting or
monitoring requirements for three (3) years. These records shall be subject to inspection
by State of Alaska, the Department of Finance and Administration and/or any authorized
State or Federal entity and shall be retained for three (3) years after contract expiration.
V. LIABILITY (MEDICAL)
The CONTRACTOR shall be wholly at risk for all covered services. No additional payment shall
be made by the Alaska DOC, nor shall any payment be collected from an prisoner for any reason
except for prisoner “co-pay” fee for service program. Covered services do not include elective or
experimental treatments or procedures. In the event of disagreement as to the elective or
experimental nature of a treatment or procedure, the Alaska DOC Health Services Administrator
shall review the case and make the final determination. Concerning organ transplants, (exclusive
of corneal transplants), medical necessity and decision to transplant will be on a “case-by-case”
basis as determined by the Alaska DOC Health Services Administrator following full review of the
medical information and in consultation with the CONTRACTOR‟S Medical Director and any
appropriate medical consultants. CONTRACTOR will not be required to provide “experimental”
transplants.
The CONTRACTOR is solely responsible for ensuring that it issues no payments for services for
which it is not liable under this Agreement. Alaska DOC shall accept no responsibility for the
refunding to the CONTRACTOR of any such excess payments.
W. CONFIDENTIALITY
Any confidential information, as defined in State law, code, rules or regulations or otherwise
applicable by the Code of Ethics, regarding Alaska DOC 's prisoners provided to or developed by
the CONTRACTOR and its subcontractors shall not be made available to any individual or
organization by the CONTRACTOR and its subcontractors without the prior written approval of
the Alaska DOC.
The CONTRACTOR and its subcontractors warrant that they shall retain all information belonging
to Alaska DOC, and shall neither use or disclose it to anyone without the explicit written
permission of Alaska DOC, and that every employee of the CONTRACTOR and its
subcontractors has executed a binding Agreement to the same effect. The CONTRACTOR and
subcontractors recognize that irreparable harm can be occasioned to Alaska DOC and its
prisoners by disclosure of information relating to their business and, accordingly, Alaska DOC
may refuse or enjoin such disclosure, and the CONTRACTOR and its subcontractors shall be
solely responsible for any violations.
The CONTRACTOR shall (1), notify Alaska DOC promptly of any unauthorized possession, use,
knowledge, or attempt thereof, of Alaska DOC 's data files or other confidential information; and
(2), promptly furnish Alaska DOC full details of the unauthorized possession, use of knowledge or
attempt thereof, and assist investigating or preventing the recurrence thereof.
In order to protect the confidentiality of prisoner information and records:
The CONTRACTOR shall adopt and implement written confidentiality policies and procedures,
which conform to Federal and State laws and regulations;
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The CONTRACTOR‟S contracts with practitioners and other providers shall explicitly state
expectations about the confidentiality of prisoner information and records;
The CONTRACTOR shall afford prisoners and/or legal guardians the opportunity to approve or
deny the release of identifiable personal information by the CONTRACTOR to a person or
agency outside of the CONTRACTOR, except when such release is required by law, State
regulation, or quality standards;
When release of information is made in response to a court order, the CONTRACTOR shall
notify the prisoner and/or legal guardian of such action in a timely manner;
The CONTRACTOR shall have specific policies and procedures, which direct how confidential
information gathered or learned during the investigation, or resolution of a complaint is
maintained, including the confidentiality of the prisoner's status as a complainant.
The CONTRACTOR must comply with all HIPPA, Federal and State regulations regarding the
management and exchange of medical information.
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SECTION FIVE
PROPOSAL FORMAT AND CONTENT
5.01 Proposal Format and Content
A. General Information
The State discourages overly lengthy and costly proposals. However, in order for the
State to evaluate proposals fairly and completely, offerors shall use the following
format and provide all of the information requested.
Proposals should be prepared without expensive artwork, unusual printing or materials
not essential to its utility and clarity. Written proposals should be submitted in binders
(3-hole punched) to facilitate duplication if necessary.
A maximum of 100 pages (12 point type and 8.5 x 11" page size) may be used for the
body of the proposal. The number of pages that may be included in the appendices is
not limited in order to provide the opportunity to include additional information.
The proposals should be presented in the order set forth below. Each section should
be numbered and titled with the corresponding number and titled section, with all
relevant material included. Each page should be numbered consecutively and
supplemental materials should be presented as labeled appendices, each of which is
referenced in the text of its respective section.
The original copy shall be marked “Original” and contain the original signed offeror
information and assurance form.
B. Proposal Format
Proposals shall contain the following items in the order listed: (Refer to Sections 6.02-
6.06 for an explanation of each category and additional details).
1) Table of Contents
2) Introduction
Offeror Information and Assurance Form
Licensing Requirements
Conflict of Interest Statement
3) Technical Proposal
Understanding of Work and Plan for Service
Experience and Qualifications
4) Cost Proposal
5) Budget Narrative
6) Alaska Offeror‟s Preference
5.02 Table of Contents
List each section of the proposal with applicable page number. If appendices are included,
provide a list identifying the contents of each.
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5.03 Introduction
This section shall contain the following:
A. Offeror Information and Assurance Form (RFP Attachment #5). This form must be
signed by an individual or company officer empowered to bind the company. One of
the proposals should be marked "original" and contain the original signed Offeror
Information and Assurance Form.
B. Licensing Requirements – Offerors shall include acceptable evidence that the offeror
possesses a valid Alaska Business License and meets any professional license(s) or
certification requirements outlined in Sections 2.08 and 5.04.
C. Conflict of Interest Statement – Offerors shall include a statement identifying any
conflicts of interest that may exist; or a statement that none exist.
5.04 Technical Proposal
A. Understanding of Work to be Performed and Plan for Service
1) Abstract
The offeror must provide a comprehensive narrative statement that illustrates
their understanding of the requirements of the services described in Section
Four. This section should briefly summarize the offeror‟s understanding of the
scope of work being addressed: facility security, facility location,
accommodations for adult multi-level custody prisoners, segregation of Alaska
prisoners, programs, services, work opportunities, administrative requirements,
budget summary, schedules to meet and outcomes to be achieved.
2) Plan for Service
The offeror must provide a comprehensive narrative statement that sets out
their plan for providing the services and illustrates how their plan will serve to
accomplish all the work addressed in Section Four of this RFP. Address each
item in order presented in Section Four of the RFP.
The following must also be provided:
ACA & NCCHC accreditation or the plan for achieving accreditation.
Drawings, photographs or videotapes of the facility day areas. Exterior
security, interior security and control room segregation, living areas,
program areas, medical, food service, recreation/outside exercise area,
visiting area, law library, case management offices, exterior of the building;
A description of the internal and external security of the housing units to
include the type of construction i.e. concrete, block, metal, etc.;
A description of the cell / dorm configuration with the number of prisoners
assigned to each living area. Floor plans may be submitted in lieu of the
description;
Information on the location of the facility to include distance from a major
airport, state highways, fire protection, law enforcement;
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Agreement with local hospitals for care of prisoners and the distance from
such hospital;
Availability to recruit and retain staff;
A description of the current or proposed contract users/ occupants of the
facility such as BOP prisoners or prisoners from other states;
A copy of the Facility‟s Policy Manual and Post Orders up through Chief of
Security;
Identify your assumptions, any problems foreseen and conflicts of policies
and offer potential solutions;
Subcontractor: If you are providing a proposal that utilizes a subcontractor
approach with one or more firms, you must detail how each firm‟s work will
assist in the work to be performed.
If all of the above items (RFP Sections 1 through 5) are not adequately
addressed in offerors‟ proposals, any omission may have a negative impact on
the evaluation and scoring of the proposal. These sections should not merely
paraphrase the scope of services from the RFP. This section must
demonstrate an understanding of what has been requested, the major issues
involved, and what must be done to accomplish the objectives.
B. Experience, Qualifications, and Organizational Structure
1) Organizational Structure
Briefly describe the following for the organization submitting the proposal, and
any proposed subcontractors providing services as a part of the contract.
History of the organization.
Management and administrative experience.
Fiscal management experience.
Staffing pattern of Facility, and its relationship to any parent or sub-level
organization,
Number of staff actually on duty at the facility each day by shift (if already
managing a prisoner population, and include prisoner to correctional officer
staff ratio).
Parent organizational chart as it relates to the Facility,
2) Personnel Information
Provide the name, title and resume of the Facility‟s Chief Administrator.
Provide a personnel roster that identifies each key individual who will be on
the project team and who will actually work on the contract and include each
person‟s title and resume.
Provide level of authority for each key person for making decisions related to
the day-to-day operations of offeror‟s facility.
3) Location(s) where work will be performed
If Management, legal, administration, etc., is in a location other than the offered
facility, please specify. If work is performed in facility, specify area of work
performed, i.e., management, administration, security, program areas, medical,
food service, etc.
4) Organizational Experience
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List and provide a brief description of experience in ALL contracts, subcontracts
and grants entered into during the past seven years that involve the delivery of
prison services similar to those in this RFP. For each of these contracts, offerors
must identify the name, title, agency, address, and current telephone number of
the official to whom they were most directly responsible.
Provide additional reference names and phone numbers for other contracts for
prison services your firm has completed, especially those contracts with
Government entities that are similar in size, custody levels, and court ordered
programs to this RFP.
5) Contract Performance Problems, Contract Default
The offeror must provide detailed information regarding any previous contract
performance problems, disputes and/or terminations. This section should contain
the process the offeror used to overcome performance problems and disputes to
achieve compliance with the contract.
6) Litigation History
For the proposed facility and management staff, offeror must include a summary
of all litigation (including bankruptcy cases) associated with providing the same
services, or management services required in this RFP. Include past and present
litigation in which the offeror (under current and previous businesses and any
person in this offeror‟s current administration who will be responsible for the
administration or operations related to providing these services) has been named
a party, including state jurisdiction, case number and final disposition. Include all
bankruptcy and negligence litigation, as well as criminal convictions relevant to
these services. List current (pending) and past seven years of information.
Litigation of personal issues not germane to the services herein (i.e., automobile
not related to substance abuse, divorce, child custody or support) is not required.
7) Organization Subcontract Agreements
Copies of any agreements or commitments that have been entered into between
potential providers and proposed subcontractors must be included in the
proposals. Place copies in a labeled appendix.
5.05 Cost Proposal
Offerors cost proposals must include a detailed budget (and detailed budget narrative) of all direct and
indirect costs associated with the performance of this contract including, but not limited to, total number of
staff position hours at various hourly rates, direct expenses, payroll, supplies, overhead assigned to each
person working on the project, percentage of each person's time devoted to the project, and profit.
The proposed rates (including any revisions established through the contract negotiation process) will be
binding upon the Contractor for the full term of the contract and, with the exception of the scheduled CPI
adjustments, increases to the rates will not be considered. Personnel costs should be commensurate with
the current scale of the professional skill level in the geographical area where the services are to be
provided.
A. Calculation Method for Evaluation of Proposal’s Costs
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Budget Summary Form. Budgets MUST be submitted on the attached final proposal cost
summary form for regular beds, or on equivalent forms with the same categories, etc., created by
the offeror as part of the proposal. One budget proposal per facility must be submitted. Fill out
Attachment 1, Final Proposal Cost Form, indicating price for beds/day. This attachment will be
used to determine your final budget evaluation ranking scores.
Example. If the regular bed costs are $50 per bed per day, and the minimum number of required
beds is 500, the calculation would be: ($50.00 x 500 x 365 days) = $9,125,000.00. The $50.00
would be the dollar figure used to calculate the number of budget points assigned according to 2
AAC 12.260(d) (see RFP section 2.15, Formula used to convert costs to points, above).
B. Cost Proposal - Budget Detail Forms
Specific cost details for provision of services must be indicated on the budget detail forms in the
attachment section of this RFP. Every blank on these sheets should be addressed. There should
be no blanks. If a cost will not be applicable, so indicate in the blank. A narrative explaining each
line item and any blanks must be included in the budget narrative section. The budget break out
costs must comply with the definitions of allowable costs for each category.
C. Cost Proposal Budget - Regular and Additional Bed Costs:
1) Regular Prison Beds 1 - 500
Offerors MUST include a per bed per day cost (per individual or bed rate) which includes
all direct and indirect costs, and profit margin (if applicable). The cost is calculated on the
basis of 500 prisoners. The maximum number of individuals multiplied by the per bed day
cost multiplied by 365 days will equate to the total proposed cost for provision of regular
bed day services (on an annualized basis). ($Cost/bed/day x # regular beds x 365 =
annual cost of regular beds). See Cost Proposal Form - Attachment 1.
2) Additional Beds 501-1,000
The department estimates that it will need as many as 1,000 beds as the contract
period progresses. Contractors are requested to divide the additional beds (above
500) into bed rate tiers based upon their cost of services divided by the number of
beds purchased. Contractor may use a reasonable number of tiers (1-6), with costs
supplied for each tier. (For example, if the original offer is $50.00/bed/day for 500
beds, once the state adds 100 additional beds the cost would be $45.00/bed/day for all
600 beds, and if another 100 beds are purchased, the cost would be $40.00 bed/day
for all 700 beds, and so on, up to the maximum number of beds under contract.) The
cost for service break points for tier levels are to be determined by the contractor in
their proposal. See Proposal Cost Break – Tier Level Cost Form – Attachment 2.
Note: If a facility with a capacity over 1000 is offered the State will consider multiple
facilities to house its prisoners. Per diem rates will be negotiated as necessary and the
use of multiple facilities are subject to mutual consent for placements exceeding 1000
prisoners.
3) Proposal Cost Break Points - Tier Level Costs
Offeror must fill out the Cost Proposal form (Attachment 2) detailing specific tier level
rates. This form allows the offeror to suggest the price and break points to adjust the cost
per bed as the State increases the number of beds under contract beyond the minimum
level. It is suggested the offeror provide tier levels that coincide with their housing unit
capacities to pass on the best possible rate to the State (i.e., if housing unit capacity is 60
prisoners it is likely to be more cost-effective to add prisoners in increments of 60 rather
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than in increments of 70). The offeror may adjust the number of beds in each tier or cost
level to the needs of their facility. The offeror may adjust the number of tiers offered. It is
not necessary to use all the rows in the form, and additional rows may be added if
required by the offeror.
4) Per Diem Bed Rate Definition
A per diem rate is defined (per Federal Government Contract Language) as: "The per
diem rate for detention services under this agreement is per man-day. This rate covers
one prisoner per day. A portion of any day shall count as a man-day under this agreement,
except that the State may not be billed for two days when a Prisoner is admitted one
evening and removed the following morning. In that situation, the Contractor will bill for
the day of arrival, but not for the day of departure."
D. Budget Submission Information (for 500 beds)
1) Annualized Budget Submission
Proposal budgets are based upon an annualized service period; however, the contract
periods may be more or less than an entire year (first year is fiscal year only, leap years,
and optional last 4 month period). Payment during this period for regular beds will be at
the proposed annualized per bed per day rate, based upon the number of days of service,
multiplied by the number of regular beds in the contract. Payment for additional beds will
be at the number of bed days used each month, multiplied by the per diem bed rate, and
will be added to the regular bed rate for the total monthly payment.
2) Administrative and Personnel Costs
The cost of all individual contract elements, administrative costs (or federally approved
indirect-cost rate, if applicable), and proposed personnel costs for each staff position
MUST be listed separately in the format provided on the attached forms, or equivalent
form created by contractor. (A contract agency that does not have a federally approved
indirect-cost rate may include administrative costs in the budget. These costs MUST be
identified in the budget as direct costs.)
3) Allowable Costs
Providers are reminded that only allowable costs may be included in their proposals.
Allowable costs are those that pertain to the direct provision of services at this facility. (For
example, it would be inappropriate to include any item in a proposal that addresses costs
associated with proposal preparation, travel and per diem costs associated with attending
a pre-submission conference, costs for association/certification dues or meetings not
required by the RFP, legal suits not specific to defense of services provision, or the efforts
of any person or firm who may have assisted the provider [e.g. a firm retained to lobby a
legislature for necessary enabling legislation or appropriations for the services being
procured].)
Budgets and Budget narratives will be compared with similar service budgets and will be
analyzed for authenticity and ability to provide services. Offerors may be asked to provide
additional information to substantiate these costs, and costs that cannot be reasonably
justified by the provider may be reduced or deleted during negotiations.
4) Subcontracted Services
Proposals calling for consultants, consulting services, and other subcontracted services
must provide a description of the anticipated services and the anticipated cost of these
services, and the means of establishing the cost of those services (e.g. „W‟ number of
dollars per day for „X‟ specific services for „Y‟ days plus „Z‟ dollars in related travel, per
diem, or overhead costs). The department reserves the right to disallow subcontracted
services costs that do not provide this information.
5) Profits
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Profit and profit margins for privately owned organizations MUST clearly be designated as
"Profits", include the percentage of direct and indirect cost, which it represents, and be
included in the proposed budget, and on the break out forms provided.
6) Auditor Costs
The normal costs to meet the annual independent auditing requirements MUST be
separated as indicated on the budget break-out form.
E. Budget Submission Information: Budget/Cost Line Item and Category Definitions
Proposal Budget Form itemization must be broken down using the following definitions for budget
categories and line items (Utilize Attachment 10, Budget Break Out Detail Submission Forms).
Include the information pertaining to the provision of services for this contract.
PERSONAL SERVICES/BENEFITS:
101 PS/Administrative Staff (Administrators, Director‟s etc): Enter the Title of the position,
staff name or “vacant” individual quarterly salary of each position title and percent of time
on budgeted job. Position titles should match job descriptions, the organizational chart and
staff responsibility section of proposal. Examples of positions to be included are Agency
Administrators, Wardens, Superintendents, Directors, Assistant Directors, Corporate
Officers, Partners or other individuals receiving funds for ownership interest or
Management related duties.
102 PS/ Support Staff (Accountants, Clerks, etc): Enter the Title of the position, staff name or
“vacant”, individual quarterly salary of each position title and percent of time on budgeted
job. Position titles should match job descriptions, the organizational chart and staff
responsibility section of proposal. Examples of positions to be included are Accountants,
Bookkeepers, Clerks, Administrative Assistants, Office Managers, Resident Accountants,
Cafeteria/Cooks, Laundry Supervisors, Business Manager or other individuals providing a
record keeping and office support role.
103 PS/ Program Staff (Medical Providers, Counselors, Case Managers etc): Enter the Title of
the position, staff name or “vacant”, individual quarterly salary of each position title and
percent of time on budgeted job. Position titles should match job descriptions, the
organizational chart and staff responsibility section of proposal. Examples of positions to
be included are Doctors, Nurses, Legal Aids, Counselors, Case Managers, Resident
Advisors, Program Specialists, Education and Vocational Education providers, Facility
Services Coordinator, UA Collections or other individuals providing a program support
role.
104 PS/ Security Staff (Monitors, Correctional Officers, etc): Enter the Title of the position,
staff name or “vacant”, individual quarterly salary of each position title and percent of time
on budgeted job. Position titles should match job descriptions, the organizational chart
and staff responsibility section of proposal. Examples of positions to be included are
Correctional Officers, Correctional Officers, Shift Supervisors, Resident Monitors,
Surveillance Monitors, Chief of Security, or other individuals providing a security support
role.
105 PS/ Transportation (Drivers, etc): Enter the Title of the position, staff name or “vacant”,
individual quarterly salary of each position title and percent of time on budgeted job.
Position titles should match job descriptions, the organizational chart and staff
responsibility section of proposal. Examples of positions to be included are Drivers,
Couriers, Transport Officers or other individuals providing transportation.
106 PS/ Facilities Maintenance (Maintenance, etc): Enter the Title of the position, staff name
or “vacant”, individual quarterly salary of each position title and percent of time on
budgeted job. Position titles should match job descriptions, the organizational chart and
staff responsibility section of proposal. Examples of positions to be included are Facility
RFP # 2005-2000-4544 86 Adult Prison Facility
Service, Maintenance, Building Manager, Janitor, Environmental Engineer or other
individuals providing Building or Facility maintenance.
TRANSPORTATION/TRAVEL:
201 Prisoner Transportation: Enter the Transportation expenditures incurred in transporting
prisoners by Ground. The Ground transportation line item should include Vehicle gas
expense, taxi, per diem or meals and lodging paid to staff.
202 Personnel Training & Travel: Include all expenses for staff conference fees, in-service
training costs, staff mileage, per diem or hotels, meals and incidentals, public
transportation costs pertaining to this contract.
FACILITY EXPENSES:
301 Utilities: Include the following facility expenditures for electricity, natural gas, water,
sewer, cable, heating fuel etc.
302 Communication: Telephone/Fax expenses. Include description of Prisoner telephone
service and the amount of revenue derived from resident phone profits if any. Include
whether the Telephone Expenses are offset by resident phone revenue.
303 Facilities Maintenance /Repairs: Include expenses for the facility maintenance and
repairs. Maintenance costs are those costs, such as lubrication, cleaning, adjustment,
and painting, which are incurred on a continuous basis to keep operational assets in
usable condition. Include inspection permits, and security system repairs under $500, in
this line item. Repairs are outlays for parts, labor, and related supplies that are necessary
to keep the asset in operating condition but neither:
(a) add materially to the use value of the asset, nor
(b) prolong its life appreciably.
Repairs are recurring and usually involve relatively small expenditures. Examples of
repairs are repairing a broken chain or electrical circuit.
304 Depreciation/Amortization: Include the Facility or Building Depreciation. List the
Depreciation method used and the recovery period. If fiscal or calendar year depreciation,
break out into four even quarters as this report will only cover one quarter.
305 Lease or Rent on Facility: Include a detailed explanation of all services or goods provided
under the Building lease or rental.
306 Other: Include other miscellaneous Facility expenses that have not been included
elsewhere. Total of the expenses in the “Other” section must not exceed 10% of the total
category amount.
CONSUMABLE SUPPLIES:
401 Office Supplies: Include all expenses for providing office support. Examples include
paper, pens, pencils, typewriter ribbons, ink, markers, staples, notepads etc. Do not
include program supplies.
402 Program Supplies: Training and Educational Materials (i.e., substance abuse, AIDS,
GED). Reference manuals and professional training courses. Uniforms, Recreation
Supplies: (i.e, indoor and outdoor recreation and arts and crafts). Specific examples
would be baseball gloves, bats, balls, basketballs, badminton, volleyball, soccer balls,
board games etc.
403 Household Supplies: Cleaning supplies, Linens, pots, pans etc.
RFP # 2005-2000-4544 87 Adult Prison Facility
404 Medical Supplies: Include First Aid Kits, Pharmacy Supplies, Preventive Care.
405 Immunizations (Flu Shots, TB Test, Hep-B etc,).
406 Subscriptions: Include expenditure for periodicals and subscriptions that are not program
related. Examples would be subscriptions for Good Housekeeping, Business Week,
Newsweek, etc.
407 Postage and Shipping: Include all expenses for postage and delivery service charges (Fed
Ex, United Parcel Service, etc.) This would also include postage stamps and metered
mail.
408 Computer Supplies and Software (under $500): Disks, Software, Multimedia Packages,
CD-ROMS, Network Cards, Speakers, etc.
409 Food Service: Stock and food costs associated with providing meals to the Prisoners.
Provide an explanation if staff is allowed to consume meals prepared by the provider and
whether a reimbursement from staff is collected. Also include a separate line listing
amount, if any, collected for food reimbursement from staff.
410 Laundry: Costs to provide laundry services. Include all dry cleaning and other supplies
associated with processing laundry services. Also list if residents reimburse the provider
for any laundry services provided them and the amount.
411 Other Supplies: Supplies that could not be allocated within categories. Total of the
expenses in the “Other” section must not exceed 10% of the total category amount.
EQUIPMENT:
500 Equipment Expense: Include expenses for equipment and replacement appliances
purchased for less than $1,000. Expenditures over this amount should be depreciated or
amortized.
501 Furniture/Major Appliance Maintenance/Repairs: Include expenses for furniture and major
appliance maintenance and repairs. Maintenance costs are those costs, such as
varnishing furniture, steam cleaning sofa, painting furniture, which are incurred on a
continuous basis to keep operational assets in usable condition. Repairs are outlays for
parts, labor and related supplies which are necessary to keep the asset in operating
condition but neither:
(a) add materially to the use value of the asset, nor
(b) prolong its life appreciably.
Repairs are recurring and usually involve relatively small expenditures.
502 Rentals: Equipment rentals for copiers, postage machines, computers, furniture, phone
systems, and any other Facility or Office Equipment that is rented. Do not include Lease
expenses. List the vendor or vendors that provide the rented equipment.
503 Leases: Equipment leases for copiers, computers, furniture, phone systems, buildings
and any other Facility or Office Equipment that is leased. List whether a lease/purchase
option exits and what the lease term is and the purchase terms. Describe any sale-and
leaseback contracts in which the provider has sold an asset and is leasing the equipment
back and the payout terms. Break out each lease with a brief explanation. Do not include
Vehicle leases.
504 Vehicle Leases: List all vehicles leased and provide a brief description of the vehicle. List
whether a lease/purchase option exists and what the lease term is and the purchase
RFP # 2005-2000-4544 88 Adult Prison Facility
terms. Describe any sale-and leaseback contracts in which the provider has sold an asset
and is leasing the equipment back and the payout terms. Also provide whether the
vehicle is used to transport residents or is used primarily for Staff, Management or
Corporate Officers.
505 Vehicle Maintenance/Repairs: Include expenses for the vehicle maintenance and repairs.
Maintenance costs are those costs, such as oil changes, car washes, coolant flushes,
lubrication, which are incurred on a continuous basis to keep operational assets in usable
condition. Also include insurance, licenses and inspection permits. Repairs are outlays for
parts, labor, and related supplies that are necessary to keep the asset in operating
condition but neither:
(a) add materially to the use value of the asset, nor
(b) prolong its life appreciably.
Repairs are recurring and usually involve relatively small expenditures. Also include the
vehicle insurance, permitting and taxes under this line item.
506 Depreciation: Include the Equipment and Vehicle Depreciation. List the Depreciation
method used and the recovery period. If fiscal or calendar year depreciation, break out
into four even quarters as this report will only cover one quarter. Separate the equipment
into depreciation methods and class. Example (3 year, 5 year, 7 year straight line etc.
sum of the years, double declining).
507 Other: Include other Equipment expenses that have not been included elsewhere. Total
of the expenses in the “Other” section must not exceed 10% of the total category amount.
OTHER OPERATING EXPENSES:
601 Printing: Printing material for in-house training programs should be captured under
Program Supplies.
602 Advertising: Include expenditure for reprographics, brochure and pamphlet production,
media advertising and open houses for public awareness programs.
603 Insurance: Include Facility Insurance if not listed elsewhere. Workmen Comp, Medical,
Life Insurance should be included under Personal Services/Benefits.
604 Legal Expenses: Include all Litigation expenses incurred in operating the facility.
605 Audit Expenses: Provide the Audit fees incurred for providing an independent audit of the
financial statements and other services provided by independent accountants.
606 Urinalysis Testing: Include all expenses incurred in operating an in house lab for the UA
tests or costs incurred in having outside labs provide this service. Include the cost of
screening and assessments. State whether the charges are for in-house or contracted
testing expenditures. (The state may break out these costs and solicit for UA services
separately during the course of this contract.)
607 Dues: List all expenses incurred for association or organizational dues.
608 Management Fees: Provide a detailed listing of any management fees paid to an
organization or individual for providing management services or other type of consultation
that cannot be provided by current staff. Examples would be consultants, specialists, or
organizations providing human resources. List the organization and brief explanation of
service provided with associated expense.
609 Professional Licensure: Any payments made on behalf of staff to renew or activate their
state or federal licensure requirements.
RFP # 2005-2000-4544 89 Adult Prison Facility
610 Taxes: Include Tax payments made to State, Local or Federal. Do not include Payroll
Taxes in this line item.
611 Interest Expense: Include all interest expense paid for building or other loan obligations.
Please describe briefly the type of loan. Break down into quarterly increments.
612 Contributions: Contributions are not allowable expenditures under this RFP.
613 Resident Trust Expense: Include all Bad Debt expense write off and uncollectible
receivables related to this contract.
614 Resident Account Bank/Check Fees: Include costs of setting up banking and checking
accounts for residents related to this contract.
615 Computer Technical Support: Include costs of programming services for specialized
computer software or software enhancements related to this contract.
616 Nutritionist: Include cost of nutritionist services to approve meal plans.
617 Other: Include other expenses that have not been included elsewhere. Total of the
expenses in the “Other” section must not exceed 10% of the total category amount.
5.06 Budget Narrative
A detailed explanation of how the regular per bed day and individual costs were derived must
be included in the proposal in a section labeled budget narrative. The budget narrative MUST
address individual elements included in the regular per bed day costs in sufficient detail to allow
analysis of the logic, adequacy and appropriateness of the offeror's proposed budget.
It also MUST include each individual contract element, all administrative costs (or federally
approved indirect-cost rate, if applicable) and proposed personnel cost for each staff position
separately (includes subcontractor staff). Costs will be compared with existing budgeted costs for
Prison services. Providers should be careful to establish the linkage between their proposed
costs, the services identified in their proposals, and the RFP requirements.
5.07 Alaska Offeror’s Preference
Offerors shall include, if applicable, a signed certification of qualification as an Alaska Bidder
as outlined in paragraph 2.14 and Attachment 8.
Other Preferences – see Section 2.13 for information regarding other preferences that may
apply.
5.08 Evaluation Criteria
All proposals will be reviewed to determine if they are responsive. Responsive offers will then
be evaluated using the criteria set out in Section Six.
An evaluation may not be based on discrimination due to the race, religion, color, national
origin, sex, age, marital status, pregnancy, parenthood, disability, or political affiliation of the
offeror.
RFP # 2005-2000-4544 90 Adult Prison Facility
SECTION SIX
EVALUATION CRITERIA AND CONTRACTOR SELECTION
THE TOTAL NUMBER OF POINTS ASSIGNED
TO SCORE THESE PROPOSALS IS 200
6.01 Technical Proposal Evaluation – (55/200 total points)
Offerors should follow the technical format and content guidelines outlined in Section Five.
20 max. points – Understanding of the Work to Be Performed and Plan for Service
20 max. points – Experience and Qualifications
15 max. points – On-site Review
subtotal 55 max points
6.02 Cost Proposal Evaluation – (120/200 total points)
Offerors must submit proposed costs as outlined in Section 5.05. The cost amount used for
evaluation may be affected by one or more of the preferences referenced under paragraph
2.13.
The lowest cost proposal will receive the maximum number points allocated to cost. The
point allocations for cost on the other proposals will be determined through the method set
out in paragraph 2.15.
6.03 Cost Proposal Narrative – (5/200 total points)
6.04 Alaskan Offeror's Preference – (20/200 total points)
If an offeror qualifies for the Alaska Bidder Preference, the offeror will receive an Alaska
Offeror's Preference. The preference will be 10% of the total available points. This amount
will be added to the overall evaluation score of each Alaskan offeror.
Note: See Sample Proposal Evaluation Form (Attachment 7)
RFP # 2005-2000-4544 91 Adult Prison Facility
SECTION SEVEN
ATTACHMENTS
7.01 Attachments
1. Cost Proposal Form – Regular Beds
2. Proposal Cost Break – Tier Level Cost Form
3. Proposal Responsiveness Checklist
4. RFP Receipt Acknowledgment Form
5. Offeror Information and Assurance Form
6. Standard Agreement (example)
6.1 Standard Agreement Form
6.2 Appendix A
6.3 Appendix B2 (modified)
7. Sample Evaluation Form
8. Certification of Entitlement to the Alaska Bidder Preference
9. Department Policies & Procedures (website link)
10. Budget Break Out Detail Submission Form
11. Sample Facility Evaluation Questionnaire
12. Staffing Pattern
13. Penalties & Pay backs for Non-Compliance and Performance Failures
14. Security-Related Policies and Procedures
RFP # 2005-2000-4544 92 Adult Prison Facility
Attachment 1
COST PROPOSAL FORM
Adult Prison Beds
RFP # 2005-2000-4544
THESE NUMBERS WILL BE USED
TO CALCULATE PROPOSAL'S BUDGET SCORES
Regular Beds
Annualized Per Bed Costs for Beds between 1 - 500
# of Beds 365 Days *Rate per Bed/Day Regular Bed Annual Cost
500 x 365 X ___________ =
$
Regular Beds - Total cost for 500 beds per year
* The daily rate for providing 500 regular beds will be used to calculate the number of points assigned
according to 2 AAC 12.260(D) and Section 2.15. If optional pricing tiers are provided (see Attachment 2 for an
example) the cost of providing 500 beds will be used to calculate the points assigned.
To be considered responsive offerors must be able to provide a minimum of 500 beds.
Signed __________________________________ Date _________________________
Attachment 2
PROPOSAL COST BREAK – TIER LEVEL COST FORM
Adult Prison Beds - RFP # 2005-2000-4544
THESE NUMBERS WILL BE USED
TO EVALUATE SECTION 7.06 – Contract Costs for Additional Beds
Offeror should indicate the price breaks as the number of beds under contract increases. Offeror may use as
many tiers or price break points as necessary to accommodate their facility. The shaded table below provides
a sample only; actual number of tiers, price break points, number of beds, and dollar amounts to be supplied
by offeror in the Additional Beds Annualized Per Bed Costs section below (or your own form). You may also
provide tier level pricing for regular beds (1–500), if applicable. Please clearly indicate if your cost break – tier
level costs decrease once a specific threshold is reached (for example: the cost for all beds 1 through 1000 is
reduced to $40.00 per day when the daily count is in excess of 700).
Note: If a facility with a capacity over 1000 is offered the State will consider multiple facilities to
house its prisoners. Per diem rates will be negotiated as necessary and the use of multiple facilities
are subject to mutual consent for placements exceeding 1000 prisoners.
SAMPLE:
Annualized Per Bed Costs for Beds between 501 – 1000+
# of Beds 365 Days Rate per Bed/Day Additional Beds Annual Cost
1-300 (optional) X 365 X $45.00 = $4,927,500.00
301-500 (optional) X 365 X $44.00 = $3,212,000.00
501-599 X 365 X $43.00 = $1,553,805.00
600-1000 X 365 X $42.00 = $6,132,000.00
1-1000 ( if 600+) X 365 X $41.00 = $14,965,000.00
1-1000 (if 700+) X 365 X $40.00 = $14,600,000.00
Additional Beds - Annualized Per Bed Costs for Beds between 501 – 1000+
# of Beds 365 Days Rate per Bed/Day Additional Beds Annual Cost
X 365 x ___________ =
X 365 x ___________ =
X 365 x ___________ =
X 365 x ___________ =
Offeror need not use all the rows supplied; rows may be added as needed.
Signed __________________________________ Date _________________________
Attachment 3
PROPOSAL RESPONSIVENESS CHECKLIST
Adult Prison Facility
RFP # 2005-2000-4544
Offerors are encouraged to use this checklist in preparation of proposals. This checklist may not be
all inclusive of the items required to be submitted in the proposal. In case of a conflict between this
checklist and the RFP, the requirements of the RFP will prevail.
Offerors who do not respond to each item as specified below may be considered "non-responsive".
In that case, the proposal will not be accepted for evaluation and possible award of contractual
services.
Description Checklist
Proposal (sealed) received by 3:30 p.m. January 12, 2004, in the office of the
procurement officer
Proposal includes original & 7 Copies (8 total copies)
Table of Contents (sec. 5.02)
Offeror Information & Assurance Form – signed & notarized (sec. 503[a])
Evidence of Alaska Business License (sec. 2.12, 5.03[b])
Conflict of Interest Statement (sec. 1.17, 5.03[c])
Statement of Understanding & Plan for Service (sec. 5.04[a])
Experience & Qualifications (sec. 2.08, 5.04[b])
Proposed Cost Form (sec. 5.05, Attachment 1 and Attachment 2)
Budget Narrative (sec. 506)
Alaska Bidder Preference Certification (if applicable/sec. 2.14, Attachment 8)
Attachment 4
RFP RECEIPT ACKNOWLEDGMENT FORM
(Return to Procurement Officer listed in section 1.01 as soon as possible)
Adult Prison Facility
RFP # 2005-2000-4544
ISSUED
December 16, 2003
I have received the above specified RFP and
DO INTEND TO RESPOND WITH A PROPOSAL __________
DO NOT INTEND TO RESPOND WITH A PROPOSAL __________
*******
________________________________________
AGENCY/ORGANIZATION/INDIVIDUAL
________________________________________
________________________________________
________________________________________
________________________________________
ADDRESS
________________________________________ __________
SIGNATURE DATE
Attachment 5
OFFEROR INFORMATION AND ASSURANCE FORM
Request for Proposals # 2005-2000-4544
Department of Corrections
Title: Adult Prison Facility
Location of Project: ____________________________
Contract Projected to Begin: November 1, 2004 (optional July 1, 2004)
Contract Projected to End: October 31, 2014
A. Offeror‟s (Agency or Individual) Name:
B. Offeror‟s Address:
Telephone Number: Fax: E-Mail: _______________
C. Status: For Profit: Non-Profit: Other:
D. Alaska Business License Number:
E. Internal Revenue or Social Security Number:
F. Professional Registration Number (if applicable):
G. Recipient Contact Person:
H. Authorized Representative:
I. TERMS AND CONDITIONS: By signature on this page, the Offeror certifies that it is
complying with all terms and conditions set out in this RFP.
J. The Offeror(s), by execution of the Offeror Information & Assurance Form, agrees to be
bound by the terms of the RFP and proposal for a period of not less than 150 days after the
proposal due date.
Offeror‟s Authorized Signature and Title* Date (Month, Day and Year)
(must be sworn before a notary public)
Sworn to and subscribed before me this day of , 20___.
NOTARY PUBLIC
My commission expires:
* Proposals must be signed by an individual authorized to bind the offeror to its provisions (see sections 2.01 and
5.03.A).
Attachment #6.1 STANDARD AGREEMENT FORM
1. Agency Contract Number 2. ASPS Number 3. Financial Coding 4. Agency Assigned Encumbrance Number
5. Vendor Number 6. Project/Case Number 7. Alaska Business License Number
This contract is between the State of Alaska,
8. Department of Division
hereafter the State, and
9. Contractor
hereafter the Contractor
Mailing Address Street or P.O. Box City State ZIP+4
10.
ARTICLE 1. Appendices: Appendices referred to in this contract and attached to it are considered part of it.
ARTICLE 2. Performance of Service:
2.1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this contract.
2.2 Appendix B sets forth the liability and insurance provisions of this contract.
2.3 Appendix C sets forth the services to be performed by the contractor.
ARTICLE 3. Period of Performance: The period of performance for this contract begins , and
ends .
ARTICLE 4. Considerations:
4.1 In full consideration of the contractor's performance under this contract, the State shall pay the contractor a sum not to exceed
$ __________________________ in accordance with the provisions of Appendix D.
4.2 When billing the State, the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to:
11. Department of Attention: Division of
Mailing Address Attention:
12. CONTRACTOR 14. CERTIFICATION: I certify that the facts herein and on supporting
Name of Firm documents are correct, that this voucher constitutes a legal charge
against funds and appropriations cited, that sufficient funds are
encumbered to pay this obligation, or that there is a sufficient balance in
Signature of Authorized Representative Date
the appropriation cited to cover this obligation. I am aware that to
knowingly make or allow false entries or alternations on a public record,
or knowingly destroy, mutilate, suppress, conceal, remove or otherwise
impair the verity, legibility or availability of a public record constitutes
Typed or Printed Name of Authorized Representative tampering with public records punishable under AS 11.56.815-.820.
Other disciplinary action may be taken up to and including dismissal.
Title
13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date
Department/Division Date
Signature of Project Director Typed or Printed Name
Typed or Printed Name of Project Director Title
Title
NOTICE: This contract has no effect until signed by the head of contracting agency or designee.
02-093 (09/05/01) SAF.DOC
Attachment 6.2
APPENDIX A
GENERAL PROVISIONS
Article 1.Definitions.
1.1 In this contract and appendices, "Project Director" or "Agency Head" or "Procurement Officer" means the person who signs this contract on behalf of the Requesting Agency and
includes a successor or authorized representative.
1.2 "State Contracting Agency" means the department for which this contract is to be performed and for which the Commissioner or Authorized Designee acted in a signing this
contract.
Article 2. Inspection and Reports.
2.1 The department may inspect, in the manner and at reasonable times it considers appropriate, all the contractor's facilities and activities under this contract.
2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.
Article 3. Disputes.
3.1 Any dispute concerning a question of fact arising under this contract which is not disposed of by mutual agreement shall be decided in accordance with AS 36.30.620-632.
Article 4. Equal Employment Opportunity.
4.1 The contractor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, disability, sex, marital
status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position(s) do not require distinction on the basis of age, disability, sex, marital
status, changes in marital status, pregnancy, or parenthood. The contractor shall take affirmative action to insure that the applicants are considered for employment and that
employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, disability, age, sex, marital status, changes in marital
status, changes in marital status, pregnancy or parenthood. This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The contractor shall
post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph.
4.2 The contractor shall state, in all solicitations or advertisements for employees to work on State of Alaska contract jobs, that it is an equal opportunity employer and that all
qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, disability, sex, marital status, changes in marital status,
pregnancy or parenthood.
4.3 The contractor shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a
notice advising the labor union or workers' compensation representative of the contractor's commitments under this article and post copies of the notice in conspicuous places
available to all employees and applicants for employment.
4.4 The contractor shall include the provisions of this article in every contract, and shall require the inclusion of these provisions in every contract entered into by any of its
subcontractors, so that those provisions will be binding upon each subcontractor. For the purpose of including those provisions in any contract or subcontract, as required by
this contract, "contractor" and "subcontractor" may be changed to reflect appropriately the name or designation of the parties of the contract or subcontract.
4.5 The contractor shall cooperate fully with State efforts which seek to deal with the problem of unlawful discrimination, and with all other State efforts to guarantee fair employment
practices under this contract, and promptly comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to
prevention of discriminatory employment practices.
4.6 Full cooperation in paragraph 4.5 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official
or agency of the State of Alaska; permitting employees of the contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that
is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future
employment; assisting inspection of the contractor's facilities; and promptly complying with all State directives considered essential by any office or agency of the State of Alaska
to insure compliance with all federal and State laws, regulations, and policies pertaining to the prevention of discriminatory employment practices.
4.7 Failure to perform under this article constitutes a material breach of the contract.
Article 5. Termination.
The Project Director, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the State. The State is liable only for payment in accordance with the
payment provisions of this contract for services rendered before the effective date of termination.
Article 6. No Assignment or Delegation.
The contractor may not assign or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the written consent of the Project Director and the
Agency Head.
Article 7. No Additional Work or Material.
No claim for additional services, not specifically provided in this contract, performed or furnished by the contractor, will be allowed, nor may the contractor do any work or furnish any
material not covered by the contract unless the work or material is ordered in writing by the Project Director and approved by the Agency Head.
Article 8. Independent Contractor.
The contractor and any agents and employees of the contractor act in an independent capacity and are not officers or employees or agents of the State in the performance of this contract.
Article 9. Payment of Taxes.
As a condition of performance of this contract, the contractor shall pay all federal, State, and local taxes incurred by the contractor and shall require their payment by any Subcontractor or
any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by the State under this contract.
Article 10. Ownership of Documents.
All designs, drawings, specifications, notes, artwork, and other work developed in the performance of this agreement are produced for hire and remain the sole property of the State of
Alaska and may be used by the State for any other purpose without additional compensation to the contractor. The contractor agrees not to assert any rights and not to establish any claim
under the design patent or copyright laws. The contractor, for a period of three years after final payment under this contract, agrees to furnish and provide access to all retained materials at
the request of the Project Director. Unless otherwise directed by the Project Director, the contractor may retain copies of all the materials.
Article 11. Governing Law.
This contract is governed by the laws of the State of Alaska. All actions concerning this contract shall be brought in the Superior Court of the State of Alaska.
Article 12. Conflicting Provisions.
Unless specifically amended and approved by the department of Law the General Provisions of this contract supersede any provisions in other appendices.
Article 13. Officials Not to Benefit.
Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees.
Article 14. Covenant Against Contingent Fees.
The contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee except employees or agencies maintained by the contractor for the purpose of securing business. For the breach or violation of this warranty, the State my
terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee.
BACK 02-093 (09/20/00)
Attachment 6.3 APPENDIX B2 (Modified)
INDEMNITY AND INSURANCE
A. Indemnification
This section replaces and supersedes any Appendix B2 form that may be attached to
this contract inadvertently. Contractor shall indemnify, save harmless and defend the
state, its officers, and its employees from any and all claims or actions for injuries or
damages sustained by any person or property arising directly or indirectly as a result of
any act or omission of Contractor, subcontractor or anyone directly or indirectly employed
by them in the performance of this contract, including but not limited to:
1) Any and all claims, including civil rights claims arising from the provisions of this
Contract, including but not limited to, any and all claims arising from:
a) Any breach or default on the part of Contractor in the performance of the
Contract;
b) Any claims or losses for services rendered by Contractor, by any person
or firm performing or supplying services, materials or supplies in
connection with the performance of the contract.
c) Any claims or losses to any person injured or property damaged from the
acts or omissions of Contractor, its officers, agents, or employees in the
performance of the Contract;
d) Any claims or losses by any person or firm injured or damaged by
Contractor, its officers, agents, or employees by the publication,
translation, reproduction, delivery, performance, use, or disposition of any
data processed under the Contract in a manner not authorized by the
Contract, or by federal, state, county, or Town regulations or statutes;
e) Any failure of Contractor, its officers, agents, or employees to observe the
laws of the United States and the State of Arizona, including but not
limited to labor laws and minimum wage laws; and
f) Any claim or losses resulting from an act of a Prisoner while under
Contractor‟s authority.
2) All costs, reasonable attorney's fees, expenses, and liabilities incurred in or about
any such claim, action, or proceeding brought thereon.
B. Insurance
Without limiting Contractor‟s indemnification, it is agreed that Contractor shall purchase
at its own expense and maintain in force at all times during the performance of services
under this agreement the following policies of insurance. Where specific limits are
shown, it is understood that they shall be the minimum acceptable limits. If Contractor‟s
policy contains higher limits, the state shall be entitled to coverage to the extent of such
higher limits. Certificates of Insurance must be furnished to the Contracting Officer prior
to beginning work and must provide for a 30-day prior notice of cancellation, non-renewal
or material change. Failure to furnish satisfactory evidence of insurance or lapse of the
policy is a material breach and grounds for termination of Contractor‟s services.
8) Workers' Compensation Insurance
Contractor shall provide and maintain in force statutory workers' compensation
insurance coverage for all employees of Contractor engaged in work under this
contract. Coverage must extend to include all states in which employees are
engaging in work and employer's liability protection not less than $500,000 per
person, $500,000 per occurrence. Policy must be endorsed to waive rights of
subrogation against the State of Alaska.
9) Comprehensive (Commercial) General Liability Insurance
Contractor shall provide and maintain in force comprehensive (commercial)
general liability insurance, with coverage limits not less than $5,000,000
combined single limit per occurrence and annual aggregates where generally
applicable and shall include premises-operations, independent contractors,
products, completed operations, broad form property damage, contractual liability
coverage for indemnification clause, and personal injury endorsements. This
insurance shall contain a "cross liability" or "severability of interest" clause or
endorsement and the State of Alaska shall be named additional insured. This
insurance shall be considered to primary of any other insurance carried by the
State through self insurance or otherwise.
10) Comprehensive Automobile Liability Insurance
Contractor shall provide and maintain in force comprehensive automobile liability
insurance covering all owned, hired and non-owned vehicles with coverage limits
not less than $1,000,000 combined single limit per occurrence and annual
aggregate. This insurance shall contain a "cross liability" or "severability of
interest" clause or endorsement and the State of Alaska shall be named
additional insured. This insurance shall be considered to primary of any other
insurance carried by the State through self insurance or otherwise.
11) Professional Liability Insurance
Contractor shall provide and maintain in force professional liability insurance or a
comparable policy form providing jail keepers' legal liability insurance coverage
for errors, omissions or wrongful acts of Contractor, subcontractor or anyone
directly or indirectly employed by them in the performance of services this
contract with limits not less than $5,000,000 combined single limit per occurrence
and annual aggregate.
02-093 B2 DOC-Custom (Rev. 12-03)
Attachment 7
SAMPLE PROPOSAL EVALUATION FORM
Adult Prison Facility
RFP # 2005-2000-4544
All proposals will be reviewed for responsiveness and then evaluated using the criteria set out
herein.
Offeror – Firm Name _________________________________________________
Evaluator - Name of PEC Member _______________________________________________
Date of Review ____________________
EVALUATION CRITERIA AND SCORING
THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 200
Proposals will be evaluated against the questions set out below.
Understanding of the Work to Be Performed and Plan for Services (section 5.04.A), 10%
Maximum Point Value for this Section – 20 points
[a] Has the offeror demonstrated a thorough understanding of the purpose and scope of the
project?
[b] Has the offeror demonstrated that it understands the services and deliverables the State
expects it to provide?
[c] Is the offeror able to provide 1000 beds?
[d] Has the offeror clearly stated the number of beds being proposed under this RFP? Do the
number of beds include the percentages of Maximum, Close and Medium/Minimums?
[e] Has the offeror demonstrated that it understands the State's time schedule for provision of
services start date?
[f] Do the plans, information and methods provided in proposal interface with the start date,
program start date, and other time schedules in the RFP?
[g] Is the offeror‟s schedule reasonable and acceptable?
[h] Is key staff accountability clearly defined?
[i] Is the organization of the key staff clear and the lines of authority and communication
between administration and facility staffing clear?
[j] Has the contractor gone beyond the minimums necessary to meet the objectives of the
RFP?
[k] Are the drawings, photographs and/or videotapes of the facility clear and adequate? (to
facilitate understand the layout of the facility, traffic flow of staff and prisoners, security, etc)
[l] Has the offeror described the facility‟s construction?
[m] Has the offeror described clearly the cell/dorm configuration?
[n] Does the offeror describe the physical location of the facility and proximity to airports,
highways, hospital(s), fire protection and law enforcement?
[o] Does it appear the offeror has the ability to recruit and retain staff? Did the offeror submit any
evidence to backup staffing ability?
[p] Does the offeror have other occupants in the facility such as BOP or other states‟ prisoners?
[q] Is the proposal practical, feasible, and within budget?
[r] How well has the offeror identified assumptions, pertinent issues and potential problems
related to the project?
[s] Does the offeror include solutions to potential problems?
[t] Does the offeror have any history of escapes at this facility? If so, what has been done to
prevent a future escape?
[u] Staff to prisoner ratio? (Total staff & security staff)
[v] Contractor‟s policies and procedures, disciplinary and grievance, law library, and access to
courts?
[w] Screening criteria for placement?
[x] Has the offeror provided adequate detail re: staff / prisoner ratios for in-facility medical care?
[y] Does the offeror have a direct relationship (contractual or otherwise) with a local hospital for
inpatient services? Is there a pass through discount available for DOC?
[z] Does the offeror have in place or has a plan or policy for health grievance procedures,
infectious disease control, emergency care and emergency services (community), testing, and
health education?
[aa] How well does the offeror‟s plan address primary medical care, i.e., triage and screening,
sick call, post hospital and emergency room evaluations, etc.?
[bb] Does the offeror have an adequate policy for referrals to medical specialists?
[cc] Has the offeror provided an oral health care plan and is it adequate and meet the State‟s
needs?
[dd] How well has the offeror addressed the mental health services the State requires?
[ee] What other medical services has the offeror addressed? Do these services appear to meet
DOC standards or requirements?
[ff] Does the offeror address their plan for managing records (both medical and prisoner
records?
[gg] Is the offeror ACA accredited? If not, has the offeror provided a plan for achieving
accreditation within 24 months?
[hh] How well does the offeror address the administration functions related to supporting the
prison services required in this RFP?
Facility Requirements
Questions regarding the facility requirements in light of the needs of Alaskan prisoners. These
questions are to be addressed in the proposal, rather than in the on-site evaluation.
[ii Does the facility accommodate the multi-custody levels? (i.e. does it contain security
features suitable for a population consisting of 1% Maximum, 37% Close, 34% Medium and
28% Minimum).
[jj] Do the cell layouts, use of dormitories, use of pods, segregation cells, and the number of
prisoners to a cell meet the DOC policies & procedures?
[kk] How well do the program, treatment, vocational and recreational spaces accommodate the
needs of Alaskan prisoners?
[ll] Does the medical and mental health areas and associated equipment appear adequate?
[mm] How well does the facility allow for both contact and secure visitation?
[nn] If the facility will house prisoners other than Alaskan prisoners, how well does it provide for
separation of those prisoners?
[oo] Is the location of the facility in a competitive medical market?
[pp] Does the offeror provide newer telecommunications technology in their facilities (audio and
video conferencing, telemedicine, etc.)?
[qq] Does the offeror utilize a subcontractor for medical services – other than hospital? If so,
how well do the subcontractors meet the requirement of the RFP?
[rr] Does the offeror have appropriate procedures for safety, sanitation and infection control?
[ss] Has the offeror provided detailed information on programs to be available, i.e. jobs, prisoner
education, religious programs, industries, substance abuse and legal materials? Do the
programs appear to be consistent with DOC policy and procedures?
[tt] How does the offeror‟s plan for commissary, telephones, laundry services, food services,
and mail meet the basic standards under DOC Policy and Procedures?
[uu] Has the offeror adequately addressed prisoner fund management?
[vv] Has the offeror adequately addressed prisoner management section to include orientation,
communication, rules and discipline, control of contraband and substance abuse testing?
Questions regarding travel to and from the facility.
[ww] How easily can prisoners be transported to the facility. How many plane transfers or plane
changes are involved? How easily are the flight connections to make; are overnight stays
required in Seattle or other airports in order to make connections to the final destination?
[xx] How many flights are available to and from the designated local airport for the facility? Are
there several flights per day? How many airlines serve the airport?
[yy] Airfare costs. What is the cost round trip to and from Anchorage to designated airport.
Per person, no advance, no weekend. Costs will be obtained by the department for
review, all on the same day to assure equal comparisons.
[zz] Local transport to and from designated airport. How well does the proposal provide for
transport of prisoners to and from local designated airport? How well does the security and
availability meet the needs of Alaskan prisoners?
[aaa] Has the offeror described if they can provide transport of prisoners requiring medical
services within 1 hour for regular care and 20 minutes for an emergency?
Organizational Structure, Experience and Qualifications (Sec 5.04.B) - 10%
Maximum Point Value for this Section – 20 points
Questions regarding the firm:
[a] Does the organization have a long history providing prison services successfully?
[b] Has the offeror demonstrated required experience in administering prison facilities?
[c] How successful is the general history of the firm regarding timely and successful provision of
services?
[d] Does it appear the offeror has managed/operated prison facilities in a fiscally responsible
manner?
[e] Are the staffing patterns adequate to the number of prisoners?
[f] Has the offeror provided a list of references naming individuals who had contracted with the
offeror for prison services?
[g] Has the offeror provided a list of contracts and grants for the previous 7 years complete with
contact names and numbers?
[h] If a subcontractor will perform work on the contract, how well do they measure up to the
evaluation used for the offeror?
[i] Has the contractor provided copies of the contracts for services, or clearly defined and
explained the provision of services to be provided by any subcontracting arrangements?
[j] Has the contractor (or subcontractor) had previous contracts which resulted in non-
performance issues, other problems, or default of contracts?
Questions regarding the personnel.
[k] Do the key individuals assigned to administer the prison services contract have experience
in providing and administering similar projects?
[l] Are resumes current and complete, and do they demonstrate backgrounds that would be
desirable for individuals engaged in prison services?
[m] How extensive is the applicable education and experience of the personnel designated to
administer the facility and the contract?
[n] Do the key individuals assigned to this project have the authority to make day-to-day
operational decisions and changes?
[o] Do all key persons who will be working under the terms of the contract or subcontract meet
applicable educational/qualifications requirements?
[p] Are the staffing patterns for medical services adequate?
[q] Does the Warden meet the minimum qualifications and experience listed in Section 2.08?
[r] Does the offeror show a history of being able to maintain a staff of security personnel,
consisting of at least 30% that have a minimum of one-year experience in law enforcement or
corrections?
On-site Review – 7.5%
Maximum Point Value for this Section – 15 points
The onsite review is a major component of the scoring of proposals. Department will send an
onsite review team to those facilities considered to be reasonably susceptible for award. The
review team will fill out a Facility Evaluation Questionnaire for each facility. A sample copy of the
Facility Review Questionnaire is attached (Attachment 11).
How well does the facility address the physical plant requirements that include space for
services and programming criteria and the other needs of Alaska prisoner population?
[a] Housing configuration and segregation facilities?
[b] Type of supervision and observation of prisoner areas?
[c] Perimeter security such as towers, fences and perimeter patrols, weapons, hand-held radios
and other security aspects?
[d] Number, type and size of transportation vehicles and other vehicles in support of the stadd
and facility?
[e] Area for officer/staff training?
[f] Geographic information, i.e., proximity to hospitals, airports, emergency services (fire &
police), public accommodations?
[g] Facility areas amenities adequate for educational, vocational programs, exercise facilities,
non-smoking facilities, commissary, telephone system, work programs, and hobbycrafts?
[h] Prisoner visitation area?
[i] Medical and dental services area adequate?
[lj Mental health services area adequate?
[k] Criteria for return meet the needs of Alaskan prisoners?
[l] Climate control?
[m] ADA compliance?
[n] Additional observations?
[o] Water pressure and temperature adequate?
[p] Facility appears clean and orderly?
[q] Lighting is sufficient inside and outside facility and along perimeter fence?
[r] Facility Policies & Procedures readily available to staff and Contracting Agency?
Cost Proposal - 60%
Maximum Point Value for this Section – 120 points
Questions regarding the proposals cost break points - tier levels- for additional beds.
[a] Do the proposal’s cost tiers, as shown in Attached Form, appear reasonable in relation to
the proposal‟s budget and budget narrative?
[b] Do the costs presented in the proposal‟s cost tiers, as shown in Attached Form, compare
favorably with prison costs for similar services?
Budget Narrative – 2.5%
Maximum Point Value for this Section – 5 points
Questions regarding the proposals budget narrative.
[a] Does the proposal provide a list or narrative that explains all direct, indirect, and
subcontracted costs associated with the performance of this contract?
[b] Does the narrative explain the percentage of time individuals will be working on this project
and the amount of overhead, salaries, etc. assigned to that individual?
[c] Are the costs given allowable costs, i.e. are they required by the RFP?
[d How reasonable is the offeror‟s cost proposal? Are there areas of uncertainty or unjustified
costs in specific line items?
[e] Are subcontractor cost estimates reasonable; do they demonstrate sufficient service
provision to justify the costs?
[f] Do the costs presented in the budget and explained in the narrative compare favorably with
existing (or known?) prison costs or costs for similar services?
[g] Has the offeror adequately established the linkage between their proposed costs, the
services identified in their proposal (includes services provided by subcontractors), and the
RFP requirements? Are the linkages between costs and service provision reasonable?
[h] Are the costs reasonable to the performance of this project?
6.01 TECHNICAL PROPOSAL EVALUATION (see questions above):
Understanding of Work to be Performed, Plan for Services & Facility Offered
Zero to 20 Points _____
Experience and Qualifications
Zero to 20 Points _____
On-site Review
Zero to 15 Points _____
6.02 COST PROPOSAL EVALUATION
Calculated based on section 5.05 response.
See sections 2.13 - 2.16 for detail calculation and adjustment
120 Max. Points _____
6.03 COST PROPOSAL NARRATIVE
Zero to 5 Points _____
6.04 ALASKA OFFEROR‟S PREFERENCE
If a offeror qualifies for the Alaska Bidder Preference,
the offeror will receive an Alaska Offeror‟s Preference.
The preference will be added to the overall evaluation score
of each Alaska offeror. (section 5.06)
(Zero or) 20 Points _____
TOTAL POINTS __________
(Carry total number to first page)
Attachment 8
CERTIFICATION OF ENTITLEMENT TO THE ALASKA BIDDER PREFERENCE
1. I am the Offeror or a duly authorized agent of the Offeror and I certify that the Offeror is
entitled to the Alaska Bidder Preference. I know and understand that the Alaska Bidder
Preference provides for substantial benefits which could be favorable to the Offeror and
which could affect the award of the Request for Proposals to the Offeror‟s benefit. I am
aware that falsely claiming the Alaska Bidder Preference is a violation of the State of
Alaska Procurement Code (AS 36.30) and may be cause for felony prosecution and
conviction.
I offer the following evidence or statements in support of my Certification of Entitlement to
the Alaska Bidder Preference. As of the closing date of the Request for Proposals, the
Offeror holds a valid Alaska business license in one of the following forms:
(a) a cancelled check for the business license fee;
(b) a copy of a business license application with a receipt date stamp form the
State‟s business license office;
(c) a receipt from the State‟s business license office for the license fee;
(d) the Offeror‟s valid business license certificate;
(e) a sworn notarized affidavit that the Offeror has applied and paid for a business
license.
2. The Offeror is submitting its offer under the name as it appears on the Offeror‟s current
Alaska business license.
3. The Offeror has maintained a place of business within the State of Alaska staffed by the
Offeror or an employee of the Offeror for a period of six (6) months immediately
preceding the closing date of the Request for Proposals.
4. The Offeror is incorporated or qualified to do business under the laws of the State, is a
sole proprietorship, and the proprietor is a resident of the State, or is a partnership, and
all partners are residents of the State; and,
In order to be considered an Alaska Bidder and entitled to the Alaska Bidder Preference,
a limited liability company (LLC) organized under AS 10.50.010-10.50.995 must meet the
requirements of AS 36.30.170(b) and the manager of the LLC must be a resident of the
State of Alaska.
____________________________________________________ ____________________
Signature of Offeror or Offeror‟s Authorized Agent Date
___________________________________________________
Printed Name
Attachment 9
STATE OF ALASKA
DEPARTMENT OF CORRECTIONS
POLICIES AND PROCEDURES
The DOC policies and procedures referenced in this RFP may be reviewed at the website provided
below. Also copies may be obtained from the Contracting Officer listed in Section 1.01.
The Contractor shall adhere to all DOC policies relating to inmate care or may adopt policies of their
own upon approval of the Director of Institutions.
www.correct.state.ak.us/corrections/pnp/Master_TOC.htm
Budget Break Out Detail Submission Form – Attachment 10
___________________ Facility FISCAL YEAR __________
Category 100 : Personal Services/Benefits
Position Salary $ / Hour Hrs./Week Total
101 PS / Administrative Staff (Administrators, Directors, etc.)
102 PS / Support Staff (Accountants, Clerks, etc.)
103 PS / Program Staff (Counselors, Case Managers, etc.)
104 PS / Security Staff (Monitors, Guards, etc.)
105 PS / Transportation (Drivers, etc.)
106 PS / Facilities Maintenance, etc.)
SUBTOTOAL
Holidays & Overtime (
%)
Leave Pay ( %)
Benefits ( %) Details
Below
TOTAL PERSONAL SERVICES/BENEFITS
Fringe Benefits Detail
Item %
FICA
ESC
Workers Compensation
Retirement
Health Insurance
Other
Category 200: Transportation / Travel
Description Expense Rate Total
201 Offender Transportation (ground):
Vehicle Fuel / gas
Taxi / etc.
Staff perdiem / meals
$ / mile
Description Expense Rate Total
202 Personnel Training & Travel:
Staff conference / training costs
Vehicle fuel / air
Perdiem / meals / lodging
$ / mile
TOTAL TRANSPORTATION AND TRAVEL
Category 300: Facility Expenses
Rate Total
Description
301 Utilities
Heating / fuel
Electricity
Water / sewer / garbage
Cable television
302 Communication (Telephone / fax)
303 Facilities Maintenance / Repairs
304 Depreciation / Amortization
305 Lease or rent on facility
306 Other
TOTAL FACILITY EXPENSES
Category 400: Consumable Supplies
Rate Total
Description
401 Office Supplies
402 Program Supplies
403 Household Supplies
404 Medical Supplies
405 Immunizations
406 Subscriptions
407 Postage and Shipping
408 Computer Supplies / Software under $500
409 Food Service
410 Laundry
411 Other Supplies
TOTAL COMMODITIES / SUPPLIES
Category 500: Equipment
Rate Total
Description
501 Furniture / Major Appliance Maint. /
Repairs
502 Rentals
503 Leases
504 Vehicle Lease
505 Vehicle Maintenance / Repairs
506 Depreciation
507 Other
TOTAL EQUIPMENT
Category 600: Other Operating Expenses
Rate Total
Description
601 Printing
602 Advetising
603 Insurance
604 Legal Expenses
605 Audit Expenses
606 Urinalysis Testing
607 Dues
608 Management Fees
609 Professional Licensure
610 Taxes (State / Local / Federal)
611 Interest Expense
612 Contributions
613 Resident Trust Expense
614 Resident Account Bank / Check Fees
615 Computer Technical Support
616 Nutritionist
617 Other
TOTAL OTHER OPERATING EXPENSES
Total Direct Cost Rate Total
Total Indirect (Profit Margin) Rate Total
Budget Category Total Budget
100 Personal Services / Benefits
200 Transportation / Travel
300 Facility Expenses
400 Consumable Supplies
500 Equipment
600 Other Operating Expenses
Total Direct / Indirect Costs
Indirect Costs (Profit Margin)
Total Budget
_________________ Approved ________________ Denied
_____________________________________ ____________________
Director, Division of Institutions Date
Comments:
Attachment 11
Sample Facility Review Questionnaire
DOC On-Site Review
Facility Name: _________________________________
Date of Visit:___________________________________
Name of Evaluator: _____________________________
1. Housing Configuration:
a. Staff ratio:
b. Type of supervision:
2. Perimeter security:
a. Patrol:
b. Weapons:
c. Towers and fences:
d. Electronics:
e. Perimeter control
3. Segregation facilities:
4. Transportation:
a. Vehicles:
b. Weapons:
c. Training:
5. Geographic Information:
a. Hospitals:
b. Airports:
c. Emergency services:
d. Public accommodations:
6. Policies and Procedures:
a. Disciplinary & Grievance:
b. Law Library:
c. Access to courts:
7. Amenities:
a. Vocation Programs:
b. Exercise facilities:
c. Non-smoking facilities:
d. Commissary:
e. Telephone system (prisoner):
f. Work Programs:
g. Hobby / crafts:
8. Medical / Dental services:
9. Mental Health services:
10. Experience with Court Orders or Consent Decrees:
11. Screening criteria for placement:
12. Criteria for return:
13. Climate control:
14. ADA compliance:
15. Additional observations:
Signed: ______________________________________________________
Dated: _______________________________________________________
Appendices Related to Health Services
Medical & Mental Health for RFP
For Out-of-State Placement of Alaskan Prisoners
I. Staffing Pattern (Attachment 12)
II. Alaska Prisoner Health Plan (DOC Policy 807.02 Attachment A)
III. Alaska DOC Formulary (DOC Policy 807.05)
IV. Medical Co-Pay Policy (DOC Policy 807.07)
V. Service Deficiencies / Penalties for Non-Compliance and Performance Failures
(Attachment 13)
Attachment 12
Staffing Pattern - Medical & Mental Health
Out-of-State Institutions housing Alaskan Prisoners
Base dedicated health staffing
Note: These are FTE positions to cover care to Alaskan
prisoners
Administrative positions or those providing occupational health to security
are NOT included
AK Population: 500 750 1000 1250 1500
Position Pop % Increase (+50%) (+ 33%) (+ 25%) (+ 20%)
Administrative FTE FTE FTE FTE FTE
Health Administrator (Med + MH) 1.00 1.00 1.00 1.00 1.00
Director of Nursing (RN) 1.00 1.00 1.00 1.00 1.00
Asst DON 0.00 0.00 0.00 1.00 1.00
Administrative Clerk 1.00 1.00 1.00 1.00 1.00
Medical Records/Scheduler 1.00 2.00 2.00 2.00 3.00
Medical Scheduler 0.00 0.00 1.00 1.00 1.00
Physician &
Dental
Medical Physician 0.75 1.00 1.25 1.50 2.00
Mid-levels Nurse Practitioner-
Physician Assistant 1.00 2.00 2.00 2.00 2.00
Dentist 0.75 1.00 1.25 1.50 2.00
Dental Hygienist 0.50 1.00 1.25 1.50 2.00
Dental Assistant 0.75 1.00 1.00 1.50 2.00
N.B. These nursing requirements include a standard relief factor of 20%
Nursing & Support Positions
RNs 9.00 10.00 12.00 14.00 16.00
Relief factor @ 20% 1.00 2.00 2.50 3.00 3.50
LPNs 5.00 5.00 6.50 8.00 10.00
Relief factor @ 20% 1.00 1.00 1.00 1.00 1.00
Consultant Pharmacist 0.25 0.25 0.25 0.30 0.50
Medication Room RN 1.00 1.00 1.00 1.00 1.00
X-ray Tech 0.25 0.25 0.25 0.30 0.30
Mental Health
Mental Health Coordinator / Ph.D 0.50 1.00 1.00 1.00 1.00
Mental Health Clinicians (MH III & II) 0.00 0.00 1.00 1.00 2.00
Mental Health Case Workers-Counselors 1.00 1.00 1.00 1.00 1.00
Consultant Psychiatrist 0.15 0.15 0.20 0.25 0.30
Total: 26.90 32.65 39.45 45.85 54.60
Attachment 13
Serious Deficiencies/ Penalties:
The AK-DOC has determined that selected breach in CONTRACTOR performance warrant monetary
sanctions. These are identified as follows:
Failure to adhere to standards for emergency medical services: $2,500 per calendar day found to be in
non-compliance.
Failure to adhere to standards for laboratory and radiology services: $1500 per occurrence.
Failure to meet standards with respect to inpatient care: $2,500 per occurrence.
Failure to appropriately refer for hospitalization: $3,000 per occurrence
Failure to meet standards for on-site and off-site specialty consultation: $1,500 per occurrence.
Failure to conduct sick call at the specified frequency(ies): $1,000 per occurrence
Failure of lock-down visitation by RN or MD: $1,000 per occurrence
Failure to meet standards for pharmacy services: $1,500 per occurrence
Failure to conduct chronic care clinics as specified:$1,500 per clinic
Failure of on-call physician to respond within 20 minutes to page: $1,000 per occurrence
Failure to have on-file up-to-date credentials information: $500 per calendar day found to be in non-
compliance.
Failure to meet period for specified reports to: $1,000 per occurrence
Failure to comply with federal, state, and local rules, regulations, and standards concerning safety,
infection control, and bio-hazardous waste: $5,000 per occurrence
Failure to attain NCCHC and ACA accreditation: $10,000 per occurrence
Failure to provide appropriate level of care: $2,500 per occurrence
Failure to adhere to Mortality Review protocol: $2,500 per occurrence
Failure to adhere to mandatory disease reporting: $1000 per occurrence
Failure to adhere to mandatory CONTRACTOR Reporting Requirements concerning:
a. On-site services delivered (Monthly)
b. Off-site referrals (Monthly)
c. Emergency Department referrals & Hospitalizations (Monthly and on-occurrence)
d. Medical segregation unit utilization (Monthly)
e. Death reporting (Monthly and on-occurrence)
$1500 per first time occurrence: increasing to $2500 with repeat failures
Failure to provide and update post orders annually: up to $2500 per occurrence per post
Failure to follow departmental policies and procedures, subject to the provisions of the contract, and
any subsequent directives or policy changes: up to $2500 per occurrence
Failure to comply with restrictions on providing information to the public concerning prisoners: up to
$2500 per occurrence
Failure to comply with Special Incident Reporting requirements: up to $2500 per occurrence
Failure to conduct pre-employment screening consistent with the contract: up to $2500 per
occurrence
Failure to maintain personnel files for each employee as stated in the contract: up to $2500 per
occurrence
Failure to have each employee sign a Code of Ethical and Professional Conduct and Standards of
Conduct form, or DOC approved equivalent: up to $2500 per occurrence
Failure to notify the Director of Institutions of violations of Code of Ethical and Professional Conduct
and Standards of Conduct policy: up to $2500 per occurrence
Failure to comply with training requirements, including re-certification and training record
maintenance: up to $2500 per occurrence
Failure to provide for the needs of indigent prisoners: up to $1000 per occurrence
Failure to account for all income and expenditures for the Prisoner Welfare Fund, Prisoner Club
Fund, and Prisoner Trust Fund: up to $2500 per occurrence plus any amount unaccounted for
Failure to compensate prisoners consistent with DOC policy 812.02 and 304.01: up to $2500 per
occurrence
Failure to make available to prisoners written communication forms, or failure to provide timely
answers to prisoner inquiries: up to $1000 per occurrence
Failure to maintain a formal discipline system consistent with DOC policy chapter 809: up to $1000
per day
Failure to maintain and provide accurate and detailed incident reports: up to $1000 per occurrence
Failure to implement a formal grievance system consistent with DOC policy 808.03: up to $2500 per
occurrence or day, whichever is greater
Failure to comply with the Use of Force requirements of the contract: up to $5000 per occurrence
Failure to comply with the requirements of the contract pertaining to prisoner escapes: up to $5000
per occurrence
Failure to conduct searches of prisoners and the physical plant in accordance with DOC policy
1208.08: up to $1000 per occurrence
Failure to maintain tool control in a manner consistent with the contract: up to $1000 per occurrence
Failure to comply with approved policy for intelligence gathering, investigation and referral of criminal
conduct: up to $2000 per occurrence
Failure to comply with DOC policy 1208.14 regarding prisoner counting: up to $2500 per occurrence
Failure to maintain secure and continuously staffed control center with good radio communication
and access only to authorized security personnel: up to $2500 per occurrence
Failure to maintain key control in a manner consistent with the contract: up to $1500 per occurrence
Failure to maintain accurate and thorough documentation in logs and elsewhere, as defined in the
contract: up to $1000 per occurrence
Failure to comply with approved policy regarding the facility armory: up to $2500 per occurrence
Failure to comply DOC policy 1208.16 and other contractual requirements pertaining to emergency
procedures: up to $2500 per occurrence
Failure to comply with contractual requirements pertaining to substance abuse testing of prisoners:
up to $2500 per month
Failure to implement and utilize the unit management team concept and provide ready access by
the prisoner population, maintaining a case manager to prisoner ratio of one to 100: up to $5000 per
week
Failure to comply with DOC policy 804.01 (administrative segregation) and 804.02 (punitive
segregation): up to $2500 per occurrence
Failure to maintain an updated information system that is secure from the prisoner population: up to
$2500 per month
Failure to comply with DOC policy 808.04 (removal from rehabilitation programs): up to $1000 per
occurrence
Failure to offer sufficient jobs and programs to allow 90% eligibility by the prisoner population, and to
maintain such work and programs (including education, substance abuse, recreation, hobby craft,
library, and religious programs) consistent with the contract: up to $2500 per day
Failure to offer access to court and legal materials in a manner consistent with the contract: up to
$2500 per occurrence
Failure to provide visitation as provided in the contract: up to $1000 per occurrence
Failure to handle and provide delivery of mail and correspondence in accordance with DOC policy
810.03: up to $1000 per occurrence
Failure to provide commissary as stated in the contract: up to $2500 per week
Failure to meet the requirements pertaining to telephones, telephone revenues, and telephone
monitoring as stated in the contract: up to $2500 per occurrence
Failure to provide clothing, facility supplies, and to address personal items, including replacement or
reimbursement, as agreed upon in the contract: up to $2500 per occurrence
Failure to provide a food services program consistent with the contract, equivalent to the food
services program provided in Alaska, and responsive to the Director of Institutions‟ approval: up to
$1500 per prisoner per occurrence
Attachment 14
Security-Related Policies and Procedures
Copies of the DOC policies and procedures listed below may be found immediately following this
attachment. This information is currently not available on the department‟s policy website. If you
have downloaded the RFP from the State On-line Public Notice system you may request copies of
the policies by contacting the Contracting Officer (see Section 1.01 for contact information).
1208.04 Institutional Inspections
1208.08 Searches of Prisoners and Institutional Areas
1208.09 Use of Force
1208.10 Management of Hostage Situations
1208.14 Count Principles & Procedures
1208.16 Institutional Emergency Plan
