(b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028314 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(7)(E) (b)(7)(E) MARCH 2015 ICE2012FOIA03030.0028315 REFERENCE NO. OF DOCUMENT BEING CONTINUED AGE OF 3 I 3 NAME OF OFFEROR OR CONTRACTOR CORRECTIONS CORPORATION OF AMERICA ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (C) (D) (E) (F) Amount Changed from $767,122.28 to $767,122.28 Discount Terms: Net 30 FOB: Destination Period of Performance: 08/01/2008 to 09/30/2008 NSN 7540-01462-m7 MARCH 2015 OPTIONAL FORM :38 (4-88) by OSA FAR (a 53.110 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028317 (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(4) (b)(7)(e) (b)(4) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028318 REFERENCE NO OF DOCUMENT BEING CONTINUED AGE SHEET 3 I 3 NAME or orrenon OR coma/amen CORRECTIONS CORPORATION OF AMERICA ITEM NO. SUPPUESISERVICES uurr UNIT PRICE AMOUNT ((bxa) Contractors are reminded that payments for all supplies/services rendered are paid in arrears. All original clauses, provisions and agreements remain in effect. anmmuiumsuuau MARCH 2015 5:110 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028320 (b)(6) (b)(7)(C) REFERENCE NO. OF DOCUMENT BENG CONTINUED woe or CONIINUATION SHEET 2 3 NAME or omsnon on commo?roa CORRECTIONS CORPORATION OF AMERICA IIEMNO supvt?soeuwces oununrvuun Amount (the following three methods: a.By mail: DHS, ICE Burlington Finance Center P.O. Box 1620 Williston, VT 05495-1620 ATTN: b. By facsimile (fax): (include a cover sheet with point of contact a of pages) 802-288-7658 c.8y e-mail: Invoices submitted by other than these three methods will be returned. The contractor's Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE on or after June 02, 2008 to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. 2.1n accordance FAR 52.212-4 Contract Terms and Conditions - Commercial Items, or FAR 52.232-25 Prompt Payment, as applicable, the information required with each invoice submission is as follows: An invoice must include: Name and address of the Contractor; (ii) Invoice date and number: Contract number, contract line item number and, if applicable, the order number: (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading: (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent: Name, title, and phone number of person to Continued NSN KIWI-1518061 MARCH 2015 OPTIONAL mush-as) Sponsored 08A FAR ?a 53.110 REFERENCE NO OF BEING 3 I 3 NM OF OFFEROROR CONTRACVOR CORRECTIONS CORPORATION or AMERICA IYEM NO SUPPLIESISERVICES UNIT UNIT PRUCE AMOUNI (B) (m (E) Contractor (B) If EFT accordance provision, Payment by Contractor Electronic Contractor procedures. EFT. same . only if required elsewhere in this contract. paragraph 1 above.) Electronic funds transfer information. (A) The Contractor shall include EFT banking information on the invoice only it elsewhere in this contraCt. be on the invoice, a proper invoice, submitted correct EFT banking information in notify in event of defective invoice: and (ix) Taxpayer Identification Number (TIN). The shall include its TIN on the invoice (See (EFT) banking required banking information is not required to in order for the invoice to be the Contractor shall have with the applicable solicitation contract clause 52.232-33, Electronic Funds TransfermCentral Registration, or 52.232-34. Payment by Funds Transfer-Other Than Central Registration), or applicable agency (C) EFT banking information is not required if the Government waived the requirement to pay by Invoices without the above information may be returned for resubmission. 3. All other terms and conditions remain the 7540-01452?? MARCH 2015 FORM no Sponsored by GSA FAR (40 CR) 5: I10 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(7)(e) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028323 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(4) (b)(4) (b)(7)(e) MARCH 2015 ICE2012FOIA03030.0028324 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(7)(e) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028325 (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(7)(e) (b)(4) MARCH 2015 ICE2012FOIA03030.0028326 (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) (b)(4) (b)(4) (b)(4) (b)(4) (b)(6) (b)(7)(C) (b)(6) (b)(7)(C) MARCH 2015 ICE2012FOIA03030.0028327 (b)(6) (b)(7)(C) REFERENCE NO. OF DOCUMENT BEING CONTINLED AGE OF SHEET 2 I 3 CORRECTIONS CORPORATION OF AMERICA ITEM NO. SUPPLIESISERVIOES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) LIST OF CHANGES: Period Of Performance Start Date Added 08/01/2008 Period Of Performance End Date Added 09/30/2008 Total Amount for this Modification: $1,607,503.72 New Total Amount for this Version: $13.330.354.60 New Total Amount for this Award: $13.330,354.60 Obligated Amount for this Modification: $1,607,503.72 New Total Obligated Amount for this Award: $13,330.354.60 Incremental Funded Amount changed: from $0.00 to $13.330,354.60 Contracting Officer changed from Sheryl Wright to Rosemarie Mendoza CHANGES FOR LINE ITEM NUMBER: 1 - Detention Services Quantity changed from 143066.2788 to 152765.9248 Unit Price changed from 581.94000 to 587.26000 Total Amount changed from $11.722,850.88 to 513.330.354.60 Obligated Amount for this modification: $1,607,503.72 Incremental Funded Amount changed from $0.00 to 513.330.354.60 Start Date changed from to 01-AUG-08 End Date changed from 31-JUL-08 to 30-SEP-08 CHANGES FOR DELIVERY LOCATION: SEE SCHEDULE Quantity changed from 143066.2788 to 152765.9248 Amount changed from 511.722.850.88 to $13.330,354.60 Delivery Date changed from 07/31/2008 to 09/30/2008 NEW ACCOUNTING CODE ADDED: Account code: Quantity: 18422 Amount: $1,607,503.72 Percent: 12.05897 Subject To Funding: Payment Address: Immigration and Customs Enforcement Burlington Finance Center P.0. Box 5000 Continued 184601-162?? MONA. FORM 330 (440) MARCH 2015 REFERENCE no or oocuuem same commuzo AGE 0: commuxno" SHEET 3 3 we or orrenonon CORRECTIONS CORPORATION OF AMERICA we? no. sumussIsenvrces oummv um um mow (A) (B) (C) (D) (E) (F) Williston VT 05495 FOB: Destination Period of Performance: 08/01/2008 to 09/30/2008 MARCH 2015 no was? FM mom 5: no OP BOUCWATIONMODIHGATION OF CONTRACT a Wmmenwmmu no. a EFFECTIVE one 900007 See Block 160 mainaeousamomruecma nee. no. 19211PPH65140043.1 ?095 tmnwua cone [mg ICE/Decent Hngt/Detent Contract-LAG Immigration and Customs Enforcement attics of Acquisition Management 24000 Avila Road, Room 3104 Attn: Jim Schnitzer (949) 425-7029 Laguna uiguei CA 92677 CORRECTIONS OF AMERICA 10 BURTON HILLS BLVD NASHVILLE TN 372156105 ICE/Detent Mngt/oetent Contract-LAG Imigration and Customs Enforcement Office of Acquisition Management 24000 Avila Road. Room 3104 Attn: Jim Schmitzet (949) 425-7029 Laguna Niguel CA 92677 antenna?? or aoucmmou no. ?n or no. 108. MED (SEE cone 1597341510000 05/04/2007 ona?* Dauwman (Junauumue momma-mum WWumMMeMmbw mm Mailman rmuna 0? YOUR ACMWDOWTO 8% snwmomvassutmmouonounorm um his and um 12. ulna (ammo See Schedule Net Decrease: mum -$1.959.354.28 menu MYWW Imam 0' COWRDW ?mounts 14. mm imam: 2118188030?me New IKE 8 mummy remnant? seemsqu FM 411m). Bilateral: Mutual Agxeomnt between the Parties 5 MR ?.1030? Contract Close-Out. twosum: Mm Clam 1 neacmnouos Wmmomunou (anomaly mm mum) DUNS Number: PROGRAM POC: DAN KIRLIN (602) 766-7027 159734151 The purpose of this modification is to deobligate the remaining funds and close out the contract . Therefore, a. The current balance of $1,959,354.28 will be deobligated in its entirety. remaining balance of $0.00. Continued resulting in a m. mom: 1; 4? Raymond M. Nepaa /1 we. 04 SIGNED 108mam MARCH 2015 PM (10 CPR) 5) 2?3 memos NO. 0' DOCUMENT 39700 commits ?"55 moremeecanmm CORRECTIONS OF AMERICA name momma em but umrmes melon (The total amount of contract. as confirmed with the contractor by signing this modification is changed from 313.330.354.60 by -$1.959.354.28 to 811.371.000.32. c. In consideration or this modification the Contractor hereby releases the Government from any and all liability under this contract tor turther equitable adjustments. By signing this modification. the contractor accepts this modification which closes out Contract 880809-07-6-00471 and constitutes full accord and satisfaction and represents all payments due to the contractor have been in received in full for both time and money and for any and all costs associated with this contract. LIST 0? W688 Total Amount for this Modification: -$1.959.354.28 New Total Amount for this Version: 911.371.000.32 New Total Amount for this Award: 311.371.000.32 Obligated Amount for this Hodification: '81: a New Total obligated Amount for this Award: 611.371.000.32 Contracting Officer changed from Rosemarie Hendora to Raymond Repsa GRANGE: FOR LINE NUMBER: 1 - Detention Services Quantity changed ?rom.152765.9243 to 130311.7156 -22.454.209 Days $07.26 a -31.959.354.28 Total Amount changed from 813.330.354.60 to 311.371.000.32 Obligated Amount for this modification: '51. CHANGES FOR DELIVERY LOCATION: 883 SCHEDULE Quantity changed from 152763.9243 to 130311.7153 Amount changed tram 313.330.354.60 to 811.371.000.32 CHANGES EUR ACCOUNTING CODE: Amount changed from 38.979.335.80 to 38.979.335.90 Percent changed from 67.36007 to 78.96696 Continued nonuunnmmu enmmn?nunuum Newman? nonumnuuo MARCH 2015 WERE WWBENOW CORRECTIONS CORPORATION OF AMERICA "tune IA) aunnmemawwas (B) Nl'l? (0) umwnun l3) anew" (F) NEH ACCOUNTING 0008 ADDED: Account code: Quantity: -22454.209 Amount: -81.959.354.28 Percent: -17.23115 Subject To Funding: Payment Address: Immigration and Customs Enforcement Burlington Finance Center P.O. Box 5000 Willieton VT 05495 E08: Destination Period of Performance: 08/01/2008 to 09/30/2000 I?ll mam MARCH 2015 Wanna? 1. CONTRACT D CODE AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE P00008 6. ISSUED BY CODE See Block 16C ICE/CLOSEOUT/ICE ICE CLOSEOUT ICE Office of Acquisition Management Immigration & Customs Enforcement Department of Homeland Security 801 I Street, NW Washington DC 20536 PAGE OF PAGES 1 4. REQUISITION/PURCHASE REQ. NO. 1 5. PROJECT NO. (If applicable) Various 7. ADM NISTERED BY (If other than Item 6) CODE ICE/CLOSEOUT/ICE ICE CLOSEOUT ICE Office of Acquisition Management Immigration & Customs Enforcement Department of Homeland Security 801 I St, NW Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) CORRECTIONS CORPORATION OF AMERICA 10 BURTON HILLS BLVD NASHVILLE TN 372156105 (x) 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NO. x MS03D0013 HSCEOP-07-F-00471 10B. DATED (SEE ITEM 13) CODE FACILITY CODE 1597341510000 05/04/2007 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS is extended is not extended. The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing tems 8 and 15, and returning ___________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPEC FIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNT NG AND APPROPRIATION DATA (If required) See Financial Report 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MOD FIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) X FAR 4.804 Closeout of contract files E. IMPORTANT Contractor is not, x is required to sign this document and return 2 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) DUNS Number: 159734151 The purpose of this modification is to closeout the contract and de-obligate any excess funds. The contractor does remise, release, and discharge the Government, its officers, agents, and employees, of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the said contract for the sum of Eleven Million Three Hundred Seventy One Thousand Six Hundred Fifty Four Dollars and Fifty Three Cents ($11,371,654.53). Therefore, this contractual instrument is hereby closed and retired. The parties hereby certify that all contract administration actions identified above have been fully and satisfactorily accomplished. Period of Performance: 05/04/2007 to 09/30/2008 Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Samuel L. Thompson 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED (Signature of person authorized to sign) NSN 7540-01-152-8070 Previous edition unusable MARCH 2015 ICE2012FOIA03030.0028333 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED (Signature of Contracting Officer) STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (48 CFR) 53 243 AMENDMENT OF SOUCITATIONIMODIFICATION OF CONTRACT ?mm ?i "655 3 2 NO. EFFECTIVE DATE 4' REQUISITIONIPURCHASE RED NO 5 PROJECT No (?ammable) 900002 05/04/2008 ?5080016 6 CW5 7 MINISTEREOW (NWMIIW 5) CODE ICE/Detent Contract-LAG ICE/Detent Mngt/Detent Contract-LAG Immigration and Customs Enforcement Immigration and Customs Enforcement Office Of Acquisition Management Office of Acquisition Management 24000 Avila Road, Room 3104 24000 Avila Road, Room 3104 Attn: Jim Schmitzer (949) 425-7029 Attn: Jim Schmitzer (949) 425-7029 Laguna Niguel CA 92677 Laguna Niguel CA 92677 0 NAME AND ADDRESS OF CONTRACTOR Im . county. an. an?: C000) 9A AMENDMENT OF SOLICITATION NO CORRECTIONS CORPORATION OF AMERICA 10 BURTON HILLS BLVD 93 NASHVILLE TN 372156105 10A MODIFICATION OF NO Ice DATED (SEE ITEM 1597341510000 05/04/2007 11. THIS ITEM ONL7 APPUES To OF EUEITATIOIIS Unmanned. Sanctum? muslaotnov?odgo roomy! dtha priorto Ibo madden; Wadinlm ODIICIIDIIDD 0! amended. byono OIuwIOlIDw?ng methods (0) Byoompletmg llma 011015.me copies DIIMMIMOM. (D) summed. ode) By mute later at Iebgmm mm In alum Io Tho Calm-m and amendmenI numbers FAILURE OF YOUR ACKNOIMEOGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN OF YOUR OFFER II by vnuoowunmermcm Mam-1100. madabytologmnalc?ot, Wm woanmImwmIsMM whmwodmumwopommwwo Wood 12 Net Increase: $1,234,016.40 THIS ITEM ONLY TD HDDIFICATION OF IT NODIFIES CONTRACTIORDER NO. As DESCRIBED IN ITEM 14. w, A THIS CHANGE ORDER Is ISSUED PURSUANT To: (snowy mm; THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER No. IN ITEM 10A 8 THE ABOVE NUMBERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paymg Mi?. dale. eIc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43 ?33(0) C. THIS AGREEMENT IS ENTERED IN PURSUANT TO AUTHORITY OF 0 OTHER (keen/m? olnvoa?caoon Mambo/m EINPORTAMT: Comm Eli-mt. 14 DESCRIPTION OF (0:90me by UCF headings. Mud/Ia Odell-Wand subject matter Mme feud)? DUNS Number: 159734151 FINANCE POC: LETITIA CLARIDGE, LAURA QUEZADA PROGRAM POC: SARA BARBER The modification is issued to incorporate the following: a) Extend the period of performance of the Task Order from 5/04/08 to 05/31/08. b) Increase the bed spaces from 302 to 502, resulting in a net increase of 200 beds. c) Provide funding in the amount of $1,234,016.40 for 502 beds spaces for the extended period of performance. Continued Eamon: prev/Idea in lam QADI 10A ummIoIdemgod. romaine menangodond ISA NAME ANDTITLE OF SIGNER (Typo orpn'nf) 16A NAME AND TITLE OF CONTRACTING OFFICER (Typo OrpnnI) Rosemarie Mendoza Isa CONTRACTOWOFFEROR 15c. DATE SIGNED 1684 umya or mama 160 DAT 74m I NSN 754000620070 STANDARD FORM I000) Prams can-on MOD PM by GSA MARCH 2015 REFERENCE no or DOCUMENT aemo CONTINUED M36 or SHEET 2 I 3 we or amazon on commerce CORRECTIONS CORPORATION OF AMERICA man no. SUPPLIESISERVICES oumrmlum um mes AMOUNT (A) (B) (C) (D) (E) (F) LIST OF CHANGES: Total Amount for this Modification: $1,234,016.40 New Total Amount for this Version: $10.213.352.20 New Total Amount for this Award: $10,213.352.20 Obligated Amount for this Modification: $1,234,016.40 New Total Obligated Amount for this Award: $10.213.352.20 CHANGES FOR LINE ITEM NUMBER: 1 - Detention Services Quantity changed from 109584.2788 to 124644.2788 Total Amount changed from $8,979,335.80 to 310.213.352.20 Obligated Amount for this modification: $1,234,016.40 CHANGES FOR DELIVERY LOCATION: SEE SCHEDULE Quantity changed from 109584.2788 to 124644.2788 Amount changed from $8,979,335.80 to 510.213.352.20 Delivery Date changed from 05/03/2008 to 05/31/2008 CHANGES FOR ACCOUNTING Quantity: 15060 Amount: $1,234,016.40 FOB: Destination This is a fully funded purchase order. The Contractor may now submit invoices for payment for supplies/services. Only complete and valid invoices are to be submitted for payment to the address indicated in Block 21 of the Purchase Order. This Modification will change the total dollar amount of this order from $8,979,335.80 to 310.213.352.20, an increase of $1,234,016.40. All communications and invoices must reference the order number shown in Block 3 on page 1 of the Purchase Order. Payment inquiries are to be directed to the Dallas Finance Center at (214)915-6161. fax (214)915-6262. Inquiries concerning this order should be directed to Jim Schmitzer at (949)425-7029, (or) by electronic Continued 7566014524137 MARCH 2015 FORM :30 (4-88) PM REFERENCE NO OF DOCUMENT BEING CONTINUED AGE SHEET 3 I 3 NAME or orrenon OR coma/amen CORRECTIONS CORPORATION OF AMERICA mm no. suvpuesmavucss oummv uurr um PRICE moum (A) (B) (C) (D) (E) (F) mail at: Richard.schmitzeerhs.gov Contractors are reminded that payments for all supplies/services rendered are paid in arrears. All original clauses, provisions and agreements remain in effect. n9nunmaa4m7 anmmuiumsuuau MARCH 2015 5:110 1. CONTRACT ID IPAGE or PAGES AMENDMENT OF OF CONTRACT 1 0'1 2. No, a EFFECTIVE DATE 4. REQUISITIONIPURCHASE REG. NO. 5. PROJECT No. (II applicable) M004 514105 a. mum BY CODE 7. ADMINISTERED ev mm 8) CODE U. S. Marshals Service Tom McFadden 202-353-4063 Procurement Of?ce. CS 9" Floor Washington. DC 20530-1000 8. NAME AND ADDRESS OF CONTRACTOR (Ne. m. we), State andZIP coo.) AMENDMENT OF SOLICITATION NO. Corrections Corporation of America DUNS 159734151 ATTN: Damon Hininger 93, DATED (555.75? 11, 10 Burton Hills Boulevard TN 37215 10A. OF CONTRACTIORDER NO. MS-03-D-0013 108. DATED ((Seeitem CODE CODE 514103 (signed 515103) 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ?5m shave numbered solicitation Is amended as set forth In item 14. The hour and date specified for receipt of Offers I Is extended. Is not Offers must acknowledge receipt of this amendment prior to the hour and date specified In the solicitation or as amended. by one of the following methods: By completing Items 8 and 15. and retumlng copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate letter or telegram which Includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGE- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO TIE HOUR AND DATE SPECFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted. such change may be made by teleng or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and Is received priorto the opening hour and date speci?ed. 12. ACCOUNTING AND APPROPRIATION DATA (If required) NIA 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF IT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Spediy auhonty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER IN ITEM 10A 8. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ofIiGa. mention data. etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.10305). c. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER Article F-4 Option to Extend the Term of the Contract E. IMPORTANT: Contractor [x Is not, Is required to sign this document and return copies to the Issuing office. 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organized by UCF section headings. hciuding solicitation/conned subject miter where feasible.) Option Year 2 of the contract is exercised for the period of performance 514105 to 513106. Wage Rate Determination No. 1994- 2023, Rev. 29 of 0410812005 (attached) is effective from 514105. The total estimated price of Option Year 2 is $83,559,020. The total maximum amount of this contract is ?24.823.684.80. Except as provided herein, all terms and conditions of the document referenced In Item 9A or 10A. as heretofore changed, remalns unchanged and In full force and effect 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (T ype or print) Thomas L. McFadden 158. CONTRACTORIOFFEROR 150 DATE SIGNED or mm 10c. DATE SIGNED (Sm-m crimson mm? to sign) 41/ z?1icf 5? (Signature of Ot?cer) I 7540014520070 30.105 g6 (REV 1003) PREVIOUS EDITION UNUSABLE Prescribed by GSA FAR (48 CFR) 52.243 MARCH 2015 .- I 1' I mar.- it,? g, jaunn ,wt?h? 3f Edivodkiill/9 11". 6' 7. ME ANDAOORESSOF CONTRACTOR (No. street. cLTuISme swim Mg _4 Corrections COIporation of America i, I0 Burton Hills Blvd. Nashville. TN 37215 10 SUBMIT INVOICES ITEM gummron? CODE FAcunr CODE ADDRESS SHOWN I II. SHIP TOMARK FOR CODE 12.9AYMENTWILLBE MAOEBY CODE COTR, sec clause 0-2 see clause G-4 Delivery is FOB-Destination 3: If?? w' nu. 14. AND APPROPRIATION DATA 15A ITEM NO. 158. 150. QUANTITY 15D. UNIT 15E. PRICE 15F. AMOUNT Pu'vate Dentcmion Services 156. TOTAL AMOUNT OF CONTRACT $413,219.20 16. TABLE OF CONTENTS (X) I sec. I DESCRIPTDN (X) I PART I - CONTRACT CLAUSES . . - 2 I CONIRACI CLAUSES 1 6 8 SUPPLIES OR SERVICES AND PRICESICOSTS 4 PART - USTOF DOCUMENTS. mans AND omen AnAcn. DESCRIPTIGWSPECSMOM STATEMENT 58 I USTOFMTACHMENTS PACKAGING AND MARKING 1 PART Iv - REPRESENTATIONS AND Iusmucnous INSPECTION mo Accmmoe 2 REPRESENTATIONS. CERTIFICATIONS AND 6 CONTRACT ADMINISTRATION DATA 4 AND NOTICES T0 OFFERORS SPECIAL CONTRACT REQUIREMENTS 9 [j EVALUATION FACTORS FORAWARD CONTRACTING ITEM 170R 18 AS 11. CONTRACTORS NEGOTIATED AGREEMENT (Comrade! Is requlnd lo 10. AWARD (Canada a not mquind to sign on; document.) Your o?er on sign this document and mu 3 cooks loissumg of?ce.) Convadu agrees Number Wmmadnngosmadobyyoumm- onsordIanoesate solidlaion. any. ?Id such provisions. mm. mm. and this awardloonhad. NO MM cone-actual dowmenl is necessary. spedrmuons. as enacted OI impacted by refetenoe hete'n. (Attachments are listed heroin. . . WW. ., EMMAMEOFOONWCTINIGOFHCER Damon . Hininger ice resident Peter Reese . FedLral Gus toner Relations: .. MW Woe 190. om: SIGKED mm 4 I 1 by 200. DATE Who I .2 5? I 21.003 - . an,? 5? 5 [Leo (SWmeasmWizodlo-?W I -8 Previous nation I: unusable MARCH 2015 Contract MS-03-D-00 3 Page 2 of 2 1. This contract incorporates by reference the contractor?s technical proposal, including all addendum thereto in response to solicitation (including all amendments) together with the contractor?s executed representations and certi?cation (section to solicitation MS-99-R-0004). - 2. This contract is funded for the minimum guarantee amount. Set forth below is the calculation of the minimum guarantee: 3. l5 Cost Center Code: D08 Object Class: 2522-1020X Note regarding the funds obligated by this action - $33,000,000 are FY 2003 Funds, $6,411,950 are FY 2004. All FY 2004 funds are subject to clause number 51. FAR 52.232-18 ?Availability of Funds (Apr 1984). ?i 1'42?? ., ??hs 413313 Wtii anagram periwanmea starts an the a: {Tanager a; as: aewr?anee a? *1 siz? "Wt-ii - as"? f? 1 7mm Limit, . a? MARCH 2015 SECTION - SUPPLIES OR SERVICES AND CONTRACT SERVICES The contractor, as an independent contractor, and not as an agent of the Government shall supply all required labor, material, facilities and equipment to provide the services set forth in the Statement of Work, Section to this contract. All costs of performance, except for the use of guards, per section C, which are charged as a separate line item, shall be included within the daily per diem rate for housing of detainees. MINIMUM GUARANTEE A. The minimum guaranteed dollar amount shall be based on 1,500 prisoners per day for the base year of this contract beginning on the ?rst day contract performance. This does not guarantee that the USMS will be liable for the difference between 1,500 prisoners and the actual number of prisoners on any on day if the total prisoners is less than 1,500, but rather that over any contract period that the amount of the minimum guarantee will be the number of days times 1,500 prisoners times the daily rate. If exercised, the minimum guaranteed dollar amount applicable any Option Year shall be based on prisoners per day beginning the ?rst day of the Option Year. Special exception. Should the contractor under this contract not already have USMS prisoners in its facility, which will mean there will be a phase?in period, the minimum guarantee for the ?rst 6 months of the base year will be 500 prisoners. Note, this will change paragraph below to 500 in each place it states 1,500. There will be no minimum guarantee applicable to Contract Line Item Numbers for guard services. Total orders placed during the life of the contract shall not exceed the total estimated maximum dollar amount set forth in Section B. However, individual maximum quantities speci?ed by CLIN may be exceeded provided the total estimated maximum dollar amount for the base year is not exceeded. This applies to the option years only if the option is exercised, in which case the maximum ordering amount shall be the cumulative amount. If the Government has not ordered at least the minimum guaranteed dollar amount by the end of the base year or option year(s) (if exercised), the contractor may submit an invoice to the Contracting Of?cer for the balance of the minimum guarantee- The minimum guaranteed dollar amount for the base year shall be calculated as follows: 1,500 Price per day/per prisoner for CLIN 0001 365. The minimum guaranteed dollar amount for each subsequent option year (if exercised) shall be calculated as follows: 1,500 Price per day/per prisoner for CLIN X001 365. MARCH 2015 SECTION - SUPPLIES OR SERVICES AND If the Government elects to exercise a partial option, the minimum guaranteed dollar amount shall be prorated to re?ect the actual number of days in the partial option. B-3 PRICING CLIN 0001 (and, if option(s) is/are exercised 1001-4001). The unit price for CLIN 000l (and, ifoption(s) is/are exercised 1001 - 4001) represents the daily per diem rate per prisoner. 'Ihe Contractor shall not bill the Government for any day(s) that an inmate is required to stay overnight outside the facility hospital stay). The Contractor shall charge the daily per diem rate for the day of arrival but shall not charge the daily per diem rate for the day of departure. Base Year . . B-3 6? 4.3 H358 ?29.:3 I FiS'l?lng?t'l'E?i $3 i3 ?5le Ul?t 22?sIzmir . . (JUN- 1 11? 1 tell xi MARCH 2015 SECTION - SUPPLIES OR SERVICES AND 4216?? I I 5 #01: DAYS EST. MAX OF PRISONERS PRICE PER DAY PER PRISONER TOTAL ESTIMATED MAXIMUM PRICE PER YEAR [vma L: amutcd - . - - MARCH 2015 SECTION - SUPPLIES OR SERVICES AND TOTAL ESTIMATED - ., . MAXIMUM PRICE PER - - .33 3-H \fcri . . 365 3 .I Hour {Mai Pray: 114:1?, Vin: $86,076,780 33.12: I I TOTAL ESTIMATED PRICE PER MAXIMUM PRICE PER - DAY PER YEAR . v. I 1 g? -. PRISONER (COLUMN AX C) 44'? 8,31?; 365 Unit Quantity 'P?ce Price Total Evaluated PI'ice(Option Year I $88,661,550 "8?22 1' 3.3.1? V. I. $418,219,200 MARCH 2015 SECTION - SUPPLIES OR SERVICES AND MARCH 2015 SECTION OF WORK I INTRODUCTION A, Background. The United States Marshals Service (USMS), an agency of the United States Department of Justice (DOJ) is responsible\for the detention of individuals accused of violating federal laws. The USMS is authorized to enter into contracts with private entities for the housing, care, and security of persons remanded to its custody by the federal courts by the Anti-Drug Abuse Act of 1988. USMS federal prisoners traditionally are housed in state and local jail facilities pursuant to Service Agreements (IGAs). Due to a national jail space crisis, the ability of state, local, and federal 'governments to provide adequate detention space for federal prisoners has become limited, especially in major metropolitan areas (federal court cities). As a result, the USMS must periodically contract for detention services with the private sector. Explanation of Terms ACA Standards The American Correctional Association Standards for Adult Local Detention Facilities, most current edition. A Administrative Segregation A unit housing federal prisoners whose continued presence in the general population poses a serious threat to life, property, self, staff, or other inmates. Alternative Meals Food and/or meals that are prepared and serVed as an alternate to the regular meal (religious and medical). Body Cavities - mouth, ears, nostrils, vagina,-and reCtum. BOP - Refers to the Federal Bureau of Prisons, an.agency of the United States Department of Justice. Business day Refers to Monday through Friday, 8:30am?5:00pm, the established business hours of the USMS district and sub-offices. Chief Deputy - The Chief Deputy U.S. Marshal (CDUSM) is the first?line supervisor under the 0.8. Marshal. Classification - A process for determining the needs and requirements of those federal prisoners for whom confinement has been ordered and for aSSigning them to housing units and programs according to their needs and existing resources. Commissary An area or system where approved items are available for purchase by federal prisoners. Contraband - Any item possessed by a federal prisoner or found within the facility which is declared illegal by law, or expressly prohibited by the USMS or the contractor. Contract District The USMS Districtls) being served by this contract the District of Arizona. MARCH 2015 ICE2012FOIA03030.0028345 Credentials Documents providing primary source verification including education, training, licensure, experience, board certification and expertise of an employeer Day Room Space for activities that is situated immediately adjacent to the inmate sleeping areas. Department of Justice (DOJ) Refers to the Department of Justice, a department of the executive branch of the United States Government. Designee - one who is designated, in writing, to be notified during the absence. Digital Intrusion An intrusion of a body cavity by anyone, other than the federal prisoner being searched, using finger, thumb, tongue depressor, simple octoscope or short nasal speculum. Disciplinary Segregation A unit housing federal prisoners who commit serious rule violations. Duty Officer A Deputy U.S- Marshal (DUSM) who is available after normal business hours to respond to emergency inquiries for the USMS Contract District. Emergency - Any significant disruption of normal facility operation, policy or activity caused by riot, strike, escape, fire, natural disaster or other serious incident. Emergency Care - Care for an acute illness or unexpected serious health care need that cannot be deferred until the next scheduled sick call. Emergency Plans - Written documents that address specific actions to be taken in an institutional emergency or catastrophic event such as a fire, flood, riot or other major disruption. Employee A person employed by the contractor Federal Prisoner An individual confined within the facility under the authority of the USMS. Federal Prisoner Records - Information concerning the federal prisoner's personal, criminal and medical history, behavior and activities while in custody, including but not limited to detainees, personal property receipts MARCH 2015 Government (V?v?m . W- 1 Health Care - The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions. Health Unit (HU) - The physical area in the facility and organizational unit set aside for routine health care and sick call. The H0 is the designated part of the facility for the delivery of care to federal prisoners on an ambulatory or observation basis. Housing Unit A group or cluster of single and/or multiple occupancy cells or detention rooms that houses federal prisoners and is immediately adjacent and directly accessible to a day or activity room. Incident Report - A typed document reporting the details of a special event the use of force, use of chemical agents, discharge of firearms). INS Refers to the Immigration and Naturalization Service, an agency of the United States Department of Justice. INS Detention Standards - Refers to the INS Detention Standards which are incorporated by reference. . Intrusion - Entrance into any of the body cavities Lethal or Deadly Force - The force a person uses with the purpose of causing/or which they know, or should know, would create a substantial risk of causing death or serious bodily harm. Life Safety Code A manual published by the National Fire Protection Association (NFPA) specifying minimum standards for fire safety necessary in the public interest. Limited Background Investigation (LBI) A background investigation which consists of a national agency check, a credit search, personal interviews of subject and sources, written inquiries of selected sources covering specific areas of the subject's background during the most recent three years, and record searches for a total of five years coverage. Medical Records - Separate records of all medical examinations, diagnoses, and treatments maintained by a responsible Health Authority. Upon transfer of the federal prisoner to another facility, the medical record will be copied and made a part of the federal prisoner case record. Upon request, a copy of medical records will be provided to the Office of Interagency Medical Services MARCH 2015 (OIMS) USMS Medical Screening - A system of structured observation/initial health assessment to identify immediate medical, dental, and/or mental health needs problems of newly arrived federal prisoners. Non?contact Visitation A program that restricts federal prisoners from having physical contact with visitors- Physical barriers composed of glass separate the federal prisoner from visitors. Voice communications between the parties is accomplished with phones or speakers. Operational Supervisory Deputy U.S. Marshal (OPS SDUSM) middle management who has direct oversight of the applicable district office cellblock, court calendar, prisoner population needs, court productions, movements, etc. Pat-down Search - A systematic patting of federal prisoner's outer clothing to determine presence of weapons. Perimeter Security - A system that controls ingress and egress to the interior of a facility or institution. The system may include electronic devices, walls, fences, patrols and/or towers. Physician An authOrized practitioner who is a graduate from a recognized college of medicine or osteopathy and licensed by the appropriate state board This definition shall include ?residents? who are qualified graduates of a recognized college (school) of medicine or osteopathy undergoing specialty training but who may be state licensed. Policy - A definitive written course or method of action which guides and determines present and future decisions and actions. Preventive Maintenance - A system designed to enhance the longevity and/or usefulness of buildings and equipment in accordance with a planned schedule Prisoner Day - The contractor shall charge the per diem rate for the day of arrival but shall not charge the per diem rate for the day of departure. Procedure The detailed and sequential actions that must be executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a specific task within the guidelines of that policy. Professional Staff - Contractor staff employed in the Medical, Educational, Religious and disciplines. Property Refers to personal property belonging to a federal prisoner Proposal - The written plan submitted by the contractor for consideration by the USMS in response to the Request For Proposal (RFP). Rated Capacity - The original architectural design capacity plus or minus capacity changes resulting from building additions, reductions, or revisions Safety Equipment - Fire fighting equipment to be provided by the Contractor, including, but not limited to, chemical extinguishers, hoses, nozzles, water supplies, alarm systems, portable breathing devices, protective clothing, gas masks, fans, first aid kits, stretchers and emergency alarms. C-4 MARCH 2015 Sensitive Information Any information which could affect the national interest, law enforcement activities, the conduct of federal programs, or the privacy to which individuals are entitled under Title 5, U.S. Code, Section 552a., All federal prisoner records are considered sensitive information. Sick Call - A system through which a federal prisoner reports and receives individualized and appropriate medical services for non-emergency illness or injury. Special Housing Unit (SHU) The space set aside within the facil for administrative and disciplinary segregation. Standards for Health Services In Jails Publication of the National Commission on Correctional Health Care, current edition. Statement of Work (SOW) That portion of the contract (Section Ci which describes the services to be performed under_this contract. Strip Search - An examination of a federal prisoner's naked body for weapons, contraband, and physical abnormalities. This also includes a thorough search of all the individual?s clothes while they are not being worn. Training An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contract services. at professional meetings or through closely supervised on~the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements. United States Marshals Service USMS - An agency of the United States Department of Justice. U.S. Marshal (USM) - The senior law enforcement officer for the USMS Contract District. USMS District Office - Refers to the.applicable district office PHX or sub? office (TUC or YUMA). United States Public Health Service USPHS - An agency of the 0.5 Government. Warden - The contractor?s official, regardless of local title who has ultimate responsibility for the overall management and operation of the facility and who is on site at the facility on a full?time basis. X?ray Search A photographic search by use of x-rays USMS Mission The mission of the USMS is to protect society by confining persons remanded to its custody by the federal courts for detention in a safe, humane. and appropriately secure facility. Objectives The USMS is seeking a detention services contract for the housing and safekeeping of federal prisoners. All federal prisoners are considered medium/maximum security and should be treated accordingly. The Contract MARCH 2015 District is expected to use this facility on a regular basis. Other USMS District Offices may also use this facility upon written request. The request must include a complete list of inmates to be detained. The contractor must provide management, oversight, planning, maintenance and repair programs which assure maximum efficiency of the facility consistent with this contract and the mission of the USMS. Scope of The Immigration and Naturalization Service (INS) and the Federal Bureau of Prisons (BOP) are authorized users of this?contract. As to the INS and BOP, the USMS shall be given priority. The INS and BOP must receive prior written approval from the COTR at which time the contractor may provide housing space for INS and BOP prisoners. With 14 days notice, the USMS may require the INS or the BOP to relocate their federal prisoners to other facilities. The INS and BOP shall issue the delivery orders against the contract after receiving COTR approval. The contractor shall bill the INS and the BOP directly and the INS and BOP shall be responsible for payment of all invoices directly to the contractor. The contractor shall furnish the necessary facility, equipment and personnel to provide management oversight and operation of the facility as defined in this contract. The contractor's facility operations shall be consistent with contemporary professional detention practices and the following nationally recognized standards: 1 Standards for Adult Local Detention Facilities, current edition, Commission on Accreditation for Corrections, American Correctional Association. 3 Standards for Health Services in Jails, current edition, National Commission on Correctional Health Care. 4 Life Safety Code, current edition, National Fire Protection Agency The contractor is required to perform in accordance with all standards of the most current edition of the American Correctional Association (ACA), Standard for Adult Local Detention Facilities. The contractor shall obtain ASA accreditation within 24 months of contract award and shall remain ACA accredited and maintain continual compliance with all ACA standards and supplements during the performance of this contract, unless otherwise Specified by the USMS. The Contractor shall written notification to both the CO and COTR when ACA accreditation has been achieved and 30 days prior to ACA accreditation expiration and/or renewal. Failure to perform in accordance with the ACA standards or to obtain accreditation within 24 months, or to maintain accreditation during the performance of this contract shall, at a minimum, result in a reduction of the contract price in accordance with the Inspection of Services Clause, clause E-l, the Inspection and Acceptance Clause, Clause E-2, and the Quality Assurance Plan and Incentives under sections of attachment J. Accomplishment of some ACA standards is augmented by USMS policy and/or procedure. In these instances, the SOW outlines direction for the enhanced requirements. F. Conflicts All services and programs must comply with the SOW, and all applicable state and local laws, regulations, and federal prisoner court orders. Should a conflict exist between any of the aforementioned standards, the most stringent 3-6 MARCH 2015 ICE2012FOIA03030.0028350 shal apply The COTR does have the autho..ty to modify he stated terms contract nor to approve any actiil which would :esult in additic :harae the government. All such change must be made .n writing by the Plans The solicitation and resulting contract requires the contractor to provide or make available and maintain various plans. Examples of these type of plans include, but are not limited to Operations?Manual, Quality Assurance plan. Facility Staffing plan, and Training plan. Whether required by this sow or incorporated in this contract with the Contractor's proposal, the Contractor shall adhere to all plans requested and incorporated in the resulting contract. II RE UIREMENTS CHAPTER 1 GENERAL ADMINISTRATION, ORGANIZATION AND MENAGEMENT. The USMS requires the contractor to provide a safe and secure environment for staff and federal prisoners through effective operational procedures and physical security. The contractor shall continuously monitor programs and seek ways to reduce and control violence in the facility, respond effectively to emergencies, control the introduction of contraband/narcotics, control tools and other potentially dangerous equipment, and maintain and operate secure posts/assignments for staff and federal prisoners. Additionally, the contractor shall provide effective monitoring of federal prisoner programs and staff performance and provide effective communication of policy, procedures, and operational practices through written instructions, post orders, policy statements and training. A Quality Assurance Plan An overall Quality Assurance Plan (QAP) that addresses critical, measurable operational performance standards for the services required under this contract shall be provided by the contractor. The QAP is the contractor's program for ensuring that its services are maintained at a uniform and acceptable level. The contractor shall incorporate in the QAP, at least annually, an in-depth system analysis that reviews and updates where necessary, changes to all plans, policies and procedures. The QAP shall include a smaller scale walk thru audit utilizing a checklist developed by the contractor which should include the performance review of the facility operations for compliance with the QAP and compliance with the requirements of this contract. The contractor shall notify the government 48 hours in advance of the audit to ensure the COTR is available to participate. The contractor's QAP shall be capable of identifying deficiencies, appropriate corrective actions(s) and timely implementation plans(s) to the CO via the COTR in writing within five business days after each QAP is completed. After the contract is awarded, the contractor shall-submit any proposed changes to the QAP to the CO. The CO, will review, approve, disapprove request modifications to the amended program. Personnel manual At a minimum, the Personnel Manual shall address the following matters: organization, recruitment procedures, equal employment opportunity, job MARCH 2015 qualifications, drug screening, criminal history, job descriptions and responsibilities, salaries and fringe benefits, holidays, leave and work hours, personnel records, employee evaluations, training, promotion, retirement, resignation and termination, employee?management relations, standards of conduct, physical fitness policy, hostage policy, disciplinary procedures, and grievance procedures. The Personnel Manual may also address the subjects listed in Chapter 2 of this SOW. A copy of the Personnel Manual must be made available to employees at the facility. The contractor shall provide documentation demonstrating that all employees have received a copy of the Personnel Manual upon request of the COTR. Facility Staffing Plan The contractor shall provide a staffing plan that addresses minimum staffing requirements, minimum personnel qualification standards, special personnel requirements, and key personnel to be employed in connection with this contract and as outlined in Chapter 3 of this sow. The contractor shall provide an organizational chart which describes the structure of authorityL responsibility and accountability within the facility This chart shall be updated as necessary and available for review by the CO upon request. All changes to the facility's organizational chart shall be reviewed and approved by the CO prior to implementation. The contractor shall provide resumes for all key personnel. The USMS C0 must approve all key personnel before they perform any duties under this contract. Background Investigations It is essential that all employees meet the highest standards of professionalism and personal integrity. The contractor shall perform limited background investigations for all employees and prospective employees as required in Chapter 4 of this SOW. Training Program The contractor shall establish an overall training program for all employees which incorporates, at a minimum, the training requirements set forth in the ACA Standards and Chapter 5 of this SOW- The contractor's training plan shall establish training requirements for all categories of personnel, including clerical/support employees, support employees, security/correctional officers, and administrative and managerial employees. The training plan shall include course descriptions, detailed lesson plans which include subject matter and methods of presentation, course objectives, student evaluation procedures, proficiency testing (if required), instructor(s) and instructor qualifications, and the location and duration of training. The training plan shall be submitted to the COTR for review and approval by the COTR not less than 30 days prior to contract performance. Any changes to the contractor's training plan are required to be submitted in writing to the COTR, for review and approval prior to implementation. Operations Manual The contractor shall provide an Operations Manual (Manual) that delineates the contractor's written policies and procedures for operating and maintaining the facility. The Manual shall describe the purpose, programs, services, policies and procedures of the facility for all elements of work under this contract, including, but not limited to, security and control of inmates (Chapter 6), transportation and stationary guard services (Chapter 7), health care services MARCH 2015 (Chapter 8), the physical plant (Chapter 9), fire safety, emergency plans and equipment (Chapter 10), sanitation and hygienic living conditions (Chapter 11), federal prisoner admission and release (Chapter 12), federal prisoner rights, rules, discipline and privileges (Chapter 13), food services plan (Chapter 14), mail, visitation, telephones, and federal prisoner accounts (Chapter 15), logs, records and reports (Chapter 16). The policies and procedures must meet ACA standards and be consistent with USMS policy as directed by the CO. 1 The contractor shall operate according to the Manual and shall provide a system that ensures all written plans, pdlicies, and procedures are reviewed at least annually and updated as necessary. The contractor shall provide written certification to the COTR that the review has been conducted. 2 The Manual shall be made available to all employees. Every employee shall certify in writing that they have read, fully understand, and agree to comply with the procedures outlined in the Manual. The contractor shall maintain certifications and make them available to the COTR upon request. 3 Changes to the Manual during the performance of the contract must be approved in writing by the COTR. Additionally, a copy of the Manual shall be submitted to the COTR at least 30 days prior to the commencement of contract performance. Health Care Services Program The contractor shall provide written plans, policies, and procedures for the delivery of health care and medical emergencies that may occur while the federal prisoners are in the custody of the contractor. In the event an emergency condition arises, the contractor shall take the appropriate action as approved in their policies and procedures. The contractor's health care program shall include the services outlined in Chapter 8 of this SOW. Physical Plant The contractor shall provide a current schematic drawing of the physical plant which demonstrates cempliance with the requirements of the ACA Standards for Adult Local Detention Facilities, current edition. The facility shall be capable of providing medium to maximum security for federal prisoners and meet the requirements set forth in Chapter 9 of this SOW. The contractor shall assume full responsibility for the operation, maintenance and security of the facility. I Fire Safety, Emergency Plans and Equipment The contractor shall provide the COTR with copies of all certificates of compliance indicating that the facility has met all applicable federal, state and local fire, safety and health codes. These certificates shall be submitted at least 30 days prior to the commencement of contract performance. When these certificates are renewed or updated, copies must be provided to the C0 via the COTR to show continued compliance. The contractor also shall meet the requirements set forth in Chapter 10 of this SOW. Sanitation Hygienic Living Conditions The contractor shall develop a sanitation program and establish hygienic living conditions that are in compliance with all applicable federal, state MARCH 2015 and local laws, statutes regulations :odes and the requiremen' forth Chapter 11 of this SOW. Food Services Plan The contractor shall provide meals that are nutritionally balanced, well? planned, and prepared and served in a manner that meets established governmental health and safety codes, and the requirements Set forth in Chapter 14 of this SOW. The contractor shall furnish sample menus and documentation that a registered dietician or nutritionist has reviewed the menu and shall certify compliance with thezdietary allowances published by the National Academy of Sciences. The documentation shall be provided with the initial technical proposal. CHAPTER 2 - PERSONNEL The contractor shall furnish managerial, administrative, and security personnel to accomplish all work required. ,The contractor shall provide full time and/or part time personnel to assure continuity of staff coverage, to accept, house, supervise, discharge, and perform all ancillary functions of this contract twenty?four (24) hours a day, seven (7) days a week. Subject to existing laws, regulations and other provisions of this contract, illegal or undocumented aliens shall not be employed by the contractor, or any subcontractor(s), to work on, under or with this contract. The contractor shall ensure that this provision is expressly incorporated into any and all subcontracts or subordinate agreements issued in support of this contract. A Standards of Employee Conduct The contractor shall develop standards of employee conduct.and specific disciplinary actions which are consistent with the Federal Standards of Conduct, 5 CFR PART 2635. The contractor shall hold employees accountable for their conduct based on these standards, which are not restricted to, but must include: Employees shall not display favoritism or preferential treatment to one federal prisoner, or group of federal prisoners. No employee may deal with any federal prisoner except in a relationship that supports the approved goals of the facility. Specifically, employees must never accept any personal (tangible or intangible) gift, favor or service, from any federal prisoner or from any federal prisoner's family or close associate no matter how trivial the gift or service may seem, for themselves or any members of their family. All employees are required to report to the Warden any violation or attempted violation of these restrictions. In addition, no employee shall give any gift, favors, or service to federal prisoners, their family, or close associates. No employee shall enter any business relationship with federal prisoners or their fami example - selling, buying or trading personal property). 4 No employee shall have any outside or social :ontact (other than incidental?contact) with any federal prisoner his or her family, or close associates, except for those activities which are part of the facility program and a part of the employee?s job description. MARCH 2015 The contractor shall provide a typed report of all violations or attempted violations of the standards of conduct (referred to in this section) and any criminal activity to the COTR on the next business day after the contractor learns of such incidents. The contractor shall take appropriate disciplinary action against employees who violate the standards of conduct. The USMS may require the contractor to dismiss employees who violating the standards of conduct or are found guilty of criminal activity. Failure on the part of the contractor to report a known violation or to take appropriate disciplinary action against offending employees shall subject the contractor to appropriate action up to and including termination of the contract for default. 6 The contractor shall provide all employees with a copy of the contractor's Standards of Conduct. All employees must certify in writing that they have read and underStood these rules. A record of this certificate must be provided to the COTR prior to the employee's beginning work under this contract. Random Drug Testing Drug screening for cause may be required by the USMS at any time- The contractor shall perform a random drug screening program, the results of each screening shall be provided to the COTR in a typed report. Any positive drug screening results must be reported in writing to the COTR or designee by close of business on the day the contractor learns of such information, if possible, but no later than by the next business day. Drug screening shall be ordered and accomplished at contractor's expense. Health Requirements for Correctional Officers The contractor shall not assign at any time any employee to work under this contract who is not in good health, without physical defects or abnormalities which would interfere with performing detention duties. All correctional officers who work under this contract must have passed a medical examination conducted and approved by a licensed physician within 30 days prior to initial assignment. Prior to the officer?s initial assignment or reassignment to the facility and at least annually thereafter, the contractor shall certify in writing to the COTR that each correctional officer is in full compliance with the following: 1 Correctional officers must be free from any serious physical illnesses, ailments, maladies, or epilepsy. They must not have any diseases that may be transmitted to and result in the disablement of other persons- All staff who come in contact with federal prisoners must be cleared for TB before entrance on duty and retested on an annual basis. 2 Correctional officers must have binocular eyesight and be able to distinguish primary colors. Correctional officers must be able to read at least 20/60 in each without the use of corrective lenses or must be able to read at least 20/20 in each with corrective lenses. Any correctional officer whose drivers license requires corrective lenses must wear them while on duty. 3 Correctional officers are required to be able to hear adequately. Adequate hearing is hearing with normal speech range not to exceed loss of 30 decibels?in both ears or 35 decibels in the poorer ear, without the use of hearing aids. 4 No correctional officer can be accepted who has heart lung skeletal MARCH 2015 or other physical defects wh ah would impair his abili perform effectively in either normal ar emergency situations. All correctional officers shall possess unimpaired use of hands, arms legs, and feet. Correctional officers must be able to run when necessary, and must be capable of handling portable fite extinguisher building fire hoses, and related equipment. Correctional officers shall be able to wea all necessa. quipment other protective items for civil disorders ,r rescue wo Correctional officers must be mentally alert and emotionally stable; absent of detectable neurotic or conditions which would adversely affect their ability to act properly during situations involving mental stress. 8 Any changes in a correctional officer's health status as it pertains items (1) through (7) above that is anticipated to last beyond 30 days shall be reported in writing to the COTR and will include the contractor's plan_of action on the status of the employment of the correctional officer affected. Removal From Duty If the COTR or the contractor receives disqualifying information on a contractor employee, the contractor shall immediately remove the employee from performing duties under this contract and all other USMS contracts. When an employee is removed from duty under these circumstances, the contractor shall notify the COTR and revoke the employee's identification credentials and properly complete any required dispositions. Disqualifying information includes but not limited tc the following Conviction of a felony a crime of violence or a serious misdemeanor. Possessing a record of arrests for continuing offenses Falsification of information entered on suitability forms The USMS may direct that the contractor immediately remove from assignment to this contract any employee(s) who has/have been disqualified for either security reasons or for being unfit to perform their required duties as determined by the COTR or CO. The contractor must comply with this direction. A determination of being unfit for duty may be made from, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as se' forth below: Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, and refusing render assistance or cooperate in upholding the integrity of the security program at the work sites. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records. MARCH 2015 Theft, vandalism, immoral conduct or any other criminal actions d. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects. Unethical or improper use of official authority or credentials Unauthorized use of communication equipment or government property. g. Misuse of weapons Violations of security procedures or regulations 1 Recurring tardiness j. Possession of alcohol.or illegal substances while on duty k. Fraternization with federal prisoners 1. Repeated failure to comply with contractor?s procedures Performance, as determined by investigation by the CO involving acquiescence, negligence, misconduct, lack of diligence, good judgement, and/or good common sense resulting in, or contributing to, a federal prisoner escape. n. Failure to maintain acceptable levels of proficiency or fulfill training requirements. 0 For changes in an employee's ability to meet the physical and/or mental health requirements of this contract. The USMS reserves' the right to require the contractor to remove, suspend or reassign employees under this contract. Tour of Duty. Except for circumstances deemed to be emergencies by the Warden, or designee, the contractor will not assign nor permit any uniformed employee (correctional officer) to work under this contract more than a total of 12 hours of any 24 hour period. This work period will include time employed not within the scope of this contract. All employees shall have a continuous 8 hour rest period within each 24 hour period. The contractor must notify the COTR via a typed report of any such emergency circumstances which arise on the next business day after such an emergency has subsided. Such documentation to the COTR which must include, at a minimum, a list of all contractor staff involved. F. Notification of Adverse Personnel Actions The contractor shall immediately notify the COTR in writing by the next business day of any employee(s) terminations, suspensions, resignations, or any other adverse personnel actions taken for any reason. Conflicts of Interest The contractor may not employ any person who is currently an employee of the DOJ, or any person whose employment will present an actual or apparent conflict of interest. - C-13 MARCH 2015 Personnel Files All personnel files shall be available to the COTR upon request. Personnel files, including background checks, shall be maintained for the duration of the employee's tenure under the contract. Verification of training and experience shall include credentials for all professional staff. All credentials shall be kept current and maintained for the duration of the individual?s performance under this contract. This requirement also applies to subcontractor personnel and volunteers. I Minimum Personnel Qualification Standards The contractor shall ensure each person employed by his firm or any subcontractor(s) shall have a social security card issued and approved by the Social Security Administration and shall be a United States citizen, or a person lawfully admitted into the United States for permanent residence. Employees shall also possess a high school diploma, or equivalent (GED), and have no criminal record. The following standards also apply, Supervisors must be trustworthy individuals who have a minimum of three years successful detention experience in supervisory positions. 2 All employees shall be a minimum of 21 years of age 3 All employees whose duties may involve the Operation of a motor vehicle under this contract must be licensed for the type of vehicle to be driven. 4 As a minimum, employees shall be able to demonstrate the following a The ability to greet and deal tactfully with the general public b. A clear capability of understanding and applying written and verbal orders, rules, and regulations. All personnel shall be literate to the extent of being able to read and interpret printed rules and regulations, detailed written orders, training instructions and materials, and must be able to compose reports which contain the informational value required by such directives. Good judgment, courage, alertness, an even temperament, and render satisfactory performance by conscientiously acquiring a good working knowledge of his/her position responsibilities. The ability to maintain poise and self?control during situations that involve mental stress; this entails being able to withstand the accompanying excitement of fires, explosions, civil disturbances, and building evacuations. J. Licensed Professional Personnel Requirements The contractor shall employ professional personnel, including subcontractors, whose qualifications are commensurate with job responsibilities. Examples of such professional personnel include, but is not limited to, firearms I instructors, doctors of various disciplines, nutritionist, lawyer, dentist, safety officer, etc- Professional staff shall possess a current valid license in the state in which they are practicing. Copies of all applicable licenses MARCH 2015 a .. . ,7 - 5 rmam .. mum4.0. name -, r; - . . . . was was? Amer.? ?muggyvm-.., .4, ?Mpg; In the absence of a collective bargaining agreement, the contractor shall enter into a written employment agreement with each employee assigned to work at the contract detention facility. This agreement shall provide that, in recognition of the public safety requirements for uninterrupted services at the detention facility and in return for adequate consideration, including an employee grievance procedure, the employee agrees not to strike or otherwise interrupt normal operations at the institution without giving 10 days advance written-notice. CHAPTER 3 - STAFFING PLAN The contractor shall, at all times, staff the facility to accommodate the maXimum rated capacity of its facility- A Minimum Staffing Requirements The contractor shall provide trained, paid, uniformly dressed and alert detention/security staff to maintain the security of the contract facility and provide for the transportation of prisoners. l. Correctional officers of both sexes shall be on duty at all times 2 Security staffing must be sufficient to cover the security posts outlined in the proposal. Such staff must be complemented by on-site administrative staff. 3 The staffing plan shall include an on?site staff reporting schedule. This schedule should clearly indicate the number of staff, job title(s), hours and days of work. and reporting dates to the facility. 4 The contractor shall ensure that daily correctional officer assignment rosters, by shift, are maintained for historical purposes. The rosters shall reflect both the schedule and actual assignment for each post. 5 Unless otherwise approved in advance by the CO, the number and type of staff specified in the staffing plan shall remain the minimally acceptable staff cemplement thrOughout the term of the contract. Any and all requests to change staffing levels or utilization at the facility shall be submitted in writing to the CO via the COTR for MARCH 2015 approval Receive and sign for all allowable prisoner prOperty delivered to the USMS Tucson cellblock by various federal agencies for all new arrestees to ensure its accurate documentation and preper control the USMS Tucson cellblock to the contract facility. 2 Provide assistance to the contractor?s transportation staff by having any inmate'being housed at the contractor's facility ready for movement prior to the scheduled departure from the USMS Tucson cellblock. 3. Provide assistance in the unloading and/or loading of inmates from any transport vehicle; provide security while moving such inmates from the USMS sallyport area to the USMS Tucson cellblock, or visa versa. 4. Ensure the safe removal and/or application of all applied restraints. 5 Secure all inmates appropriately in designated cells and/or the removal from such cells as directed by the USMS Tucson cellblock staff. B. Supervisory Staffing Employees shall be adequately supervised at all times by individuals who are full time supervisors and have met the administrative and.manageria1 training reguirements. In the absence of the Warden, a designated person shall be placed in charge and shall have supervision as his primary function during the times he is in charge. C. Female Staffing Female federal prisoners shall be supervised within the facility by at least one female correctional officer per shift. D. Translators and Bilingual Staffing. When the federal prisoner population is predominantly Spanish speaking, the contractor shall ensure that its line staff is proficient in the Spanish language. FUrther, the responsibility for providing necessary translators or bi-lingual personnel for communication with federal prisoners who do not speak or comprehend the English language is with the contractor. Other than emergency situations, federal prisoners shall not be used for translation services. E. Key Personnel. The following key personnel, with respective minimum qualification requirements, are considered critical for this contract. The contractor's key C-16 MARCH 2015 personnel shall be employed full-time and be on site no later than thirty (30) days prior to the facility becoming operational. Although the titles are not critical the contractor shall submit the proposed staffing for this contract. There are a variety of other positions that ensure the effectiveness of the jail operations that the contractor should describe to assure the USMS that all Operational areas a covered. The CO will review the proposal and provide final approval. 1 Warden - Knewledge of program objectives, policies, procedures and requirements for managing a correctional facility. A minimum of ten (10) years experience in correctionsxor related field with experience in the management of a correctional facility at the Associate Warden level or above. 2. Project Coordinator - Knowledge and experience within the last ten (10) years in planning and executing similar Contract requirements as described within this 3 Assistant Warden(s)- Knowledge of program objectives, policies, procedures, and requirements for managing a correctional facility. minimum of ten (10) years experience in corrections or related field with experience in the field of corrections at the level of mid* management. CHAPTER 4 - BACKGROUND CLEARANCE PROCEDURE . It is essential that all employees meet the highest standards of professionalism and personal integrity. The USMS shall have and exercise full and complete control over granting, denying, suspending, and terminating employment suitability checks for employees and prospective employees. If a report indicating the unsuitability of any employee is received, or if a prospective employee is found to be unsuitable or unfit for his assigned duties, the COTR shall inform the contractor that the employee shall not be permitted to work under the contract. A. Procedures The following must be completed for each employee before the employee enters on duty. 1. A pre-employment interview. 2. Law enforcement agency checks in the areas of the employees residence for the last five years. 3. Employment vouchering for the last five years for employees that will be authorized to carry firearms under the contract. These employees' previous two employers should be vouchered even if the employment took place in excess of five years ago- The contractor shall submit a completed Employment Vogghering Form for each employee that is authorized to carry a firearm under the contract. These Employment Vouchering Forms are attached in Section J. 4 Completion of DOJ Form 555 ?Disclosure and Authorization Pertaining to Consumer Reports." This form must be submitted so that the USMS can conduct a credit check for employment purposes as described in the Fair Credit Reporting Act. 5. Completion of 2 Fingerprint cards (Form FD-258). 6. Completion of Questionnaire for Public Trust Positions, SF BSP. Employees who will be authorized to carry weapons in_the course of their C-l? MARCH 2015 ICE2012FOIA03030.0028361 employment must also complete the SF ESP-S Supplemental Questionnaire National Crime Information Center (NCIC) check and National Law Enforcement Telecommunications (NLETS) check. Credit check. Medical exam to include a baseline TB test. 10 Urinalysis (If the test is positive, the applicant will be prohibited from working with federal prisoners) 11 Notification to the C0 of employee?s entry on duty date and Limited Background Investigation initiation. The contractor will complete steps 1 - 6. \Upon completion of steps 1 6, the contractor will submit completed DOJ Form 555, two (2) Form FD-258 Fingerprint cards and completed SF BSP and SF 85P-S forms for each of its proposed employees to the USMS. The SF ESP and SF forms must contain an original signature. Employment vouchering information must also be submitted for each employee that will be authorized to use a firearm. Required forms may be obtained from the CO if necessary. The USMS will then complete steps 7 and 8. The contractor is advised that prompt and accurate completion of the Form 555, 85F and SF BSP-S and the employment vouchering information is necessary to ensure timely completion of the checks by the USMS. These forms should be submitted to: U.S. Marshals Service Human Resources Background Investigations Unit 600 Army.Navy Drive Suite 360 Arlington, Virginia 22202?4210 When submitting forms to the above address, the contractor should clearly indicate the contract which they pertain to. Based upon the results of the checks, credit checks and name and fingerprint checks, the USMS will grant conditional approval for the employee to work under the terms of this contract. The contractor shall then complete steps 9?11. If the contractor determines that an employee will no longer be considered for employment on this contract after the required background forms have been submitted to the USMS, the contractor shall notify the USMS of this determination by letter faxed to the USMS Background Investigations Unit at (202)307-9366. Initial Drug Testing Drug screening (urinalysis) tests shall be obtained from a National Institute of Drug Abuse (NIDA) approved laboratory and screened for the presence of the following drugs or drug classes: amphetamines, cocaine metabolites, opiates (morphine/codeine), (PCP) and marijuana metabolites. The USMS may expand the above list to include additional drug/drug classes. The contractor must ensure that the confirmations are correct and that an adequate chain?of-custody procedure exists and is followed for each specimen. If the contractor's employees test positive for any of the listed drugs, they are prohibited from working under the contract. The results of each urinalysis test shall be provided to the COTR. Limited Background Investigation LLBI The centractor shall ensure a LEI check, as prescribed in the ?Scope and Coverage of a Limited Background Investigation? (Attached in Section of the contract) is requested and all appropriate information received, by the contractorwdesignated entity responsible for completing the LEI, prior to an employee's EOD. MARCH 2015 Within one year of each on?site employee's EOD, the contractor shall obtain, review, identify and resolve derogatory information contained on the LEI results using the ?Adjudication Guidelines? outlined in Section of the contract. The contractor shall make a determination regarding the employee?s suitability for employment under this contract. Investigations with little or no derogatory information will be reviewed and forwarded to the CO within 90 days of the investigation completion date. Investigations requiring resolution of derogatory information will be forwarded within 180 days of the investigation completion date. Extended adjudication time frames may be requested from the CO on a case~by-case basis. The contractor's determination regarding the retention of an employee shall be in writing and forwarded by the Warden to the CO with copies of the final investigative report with all supporting documents. There may be occasions where derogatory information contained in the employee's LBI will be unacceptable under the ?Adjudication Guidelines? but the contractor still desires to retain the employee. In these cases, the contractor shall submit a written request for waiver of the Acceptability Standards to the CO which includes the details and circumstances surrounding the employee?s behavior and the reason(s) why the employee should be retained. The USMS will be the final approval authority for all contractor staff who work with federal inmates under the terms of this contract. No individual who is under supervision or jurisdiction of any parole, probation or correctional authority shall be employed. Persons with previous misdemeanor criminal convictions or a felony conviction, who are not under supervision, may be considered for employment; however, the USMS shall approve all such cases. The USMS shall give consideration to such factors as criminal history, time elapsed since conviction(s) and subsequent adjustment in the community. The contractor shall ensure all employees are reinvestigated periodically, as prescribed in the Scope and Coverage of a Periodic Reinvestigation in Section of the contract. Upon receipt, review, and resolution of any derogatory information contained in the reinvestigation report, the Warden shall forward to the C0 a written determination regarding the employee's continued employment under this contract. A copy of the reinvestigation report shall be attached to the Warden's written request. Should the facility staff turnover rate exceed an acceptable level, as referenced in ACA ALDF Standards and as determined by the C0, Or repetitive or fingerprint checks are necessary due to contractor error, the actual cost of processing the name and fingerprint checks shall be withheld from the amounts due the contractor. CHAPTER 5 -- TRAINING Under no circumstances shall an employee perform duties under this contract until all initial training, or refresher training as required in this chapter is successfully completed and certified by the contractor in writing to the COTR for each individual employee. The COTR must provide written approval prior to any employee being assigned to perform any duties under this contract. A. Training (Generalj The contractor shall ensure that, at a minimum, the training described in the ACA Standards is provided to all employees. Refresher training shall be provided for each subsequent year of employment. The contractor may either? MARCH 2015 provide the required training or have an institution acceptable to the GEMS provide the training. Failure of any employee to successfully complete training is sufficient reason to disqualify him/her for duty. Certified Instructors All instruction shall be conducted by certified instructors. Instr .ors shall be certified by a state or nationally recognized institution .ess otherwise approved in writing by the COTR. Documentation All aspects of the training and all types of documentation associated with training programs are subject to evaluation, monitoring, and written approval of the COTR. The contractor shall provide to the COTR, documentation of the training completed for each employee, including but not limited to the amount of training hours, type of training, date and location of training, and name of the instructor. Keys-and Locks Contractor staff shall be trained and certified from a school specializing in the operation of locks and locking mechanisms. Transportation Training In addition to the training described in the ACA Standards, the contractor shall provide orientation and training for correctional officers assigned to transportation and stationary guard service. The training shall include current USMS directives on federal prisoner processing, district policy and procedures, and specific requirements of this contract. All transport officers must receive training in the movement of prisoners with tuberculosis to include the use and fitting of a proper OSHA approved mask. CHAPTER 6 - SECURITY AND CONTROL The contractor shall maintain an Operations Manual that contains the written policy, plans, and procedures for the supervision of federal prisoners while in the custody of the contractor. The Manual shall address each of the following paragraphs A through V. A Security and Control (General The contractor's comprehensive security plan shall include, at a minimum, the following physical security controls: environmental surroundings; barrier/perimeter protection: protective lighting; employee parking; access control devices; intrusion detection system; closed circuit television and a secure processing/holding area. The contractor's facility must have the capability to isolate problem prisoners, separate multi-defendants in the same case and separate prisoners who are gang members. Direct Supervision of Federal Prisoners The contractor shall provide for the direct supervision in all federal prisoner housing and activity areas to permit correctional officers to hear and respond to emergency situations. The contractor shall ensure continuing direct contact between prisoners and staff by posting an officer(s inside each housing unit. Officers in general housing units will not be MARCH 2015 ICE2012FOIA03030.0028364 separated from prisoners by a physical barrier. Officers provide frequent non-scheduled observation of and personal interaction with prisoners. Federal Prisoner Labor USMS and INS prisoners may not be required to work. USMS and INS prisoners may volunteer to work within the confines of the contract facility if they sign a waiver of their right not to work. Volunteer prisoner workers shall be paid identical rates of pay as those established by Federal Bureau of Prisons (BOP) Program Statement 5251.05, Inmate Work and nggormance Pay Procram and BOP Operations Memorandum 128-90(5251) dated September 17, 1990 Attached. This Operations Memorandum remains in effect and has not been updated. USMS and INS prisoners shall be required to participate in normal housekeeping duties which help to ensure the cleanliness of their housing area. Increases and reductions in privileges may be used as incentives to ensure that federal prisoners keep their living areas clean. USMS and INS prisoners shall never be placed in a "trustee" status.? Control Center The contractor shall provide the facility with a control center and sufficient staff to provide full 24-hour coverage of designated security posts, surveillance of federal prisoners, and to perform all ancillary functions including but not limited, to the medical unit. Around?the-clock supervision and regulation of federal prisoner movement shall only be performed by correctional officer(s). Log Books The contractor shall establish control room and housing unit log books which contain a written record prepared by the control room officer, of the following, for each shift: 1 personnel on duty; 2 federal prisoner population chart (federal prisoner counts, shakedowns etc.); 3. federal prisoner movement in and out of the facility; 4. shift activities (security Checks, meals, recreation, religious serV1ces etc.); . entry and exit of attorneys and other visitors: unusual occurrences; and serious incidents. 4:an The various logs kept by correctional officers shall be maintained throughout the duration of this contract and must be available for inspection by the COTR at all times. - F. Federal Prisoner Counts The contractor shall provide a system which documents and monitors federal prisoner movement and physically counts federal prisoners at least four (4) times per day with no less than one federal prisoner count per eight hour shift. Daily Inspections The contractor shall conduct daily inspections of all security aspects of the facility, conducted by a properly trained correctional officer. All bars, locks, windows, walls, floors, ventilation covers, glass panels, access MARCH 2015 ICE2012FOIA03030.0028365 plates, protective screens, doors and other security facilities shall be checked carefully for operational wear and federal prisoner tampering. The contractor shall make available written reports of these insPections daily to the Warden and the COTR, upon request. All defective equipment shall be replaced or repaired immediately. Control of Contraband The contractor shall conduct thorough searches for contraband at least twice of all federal prisoner living quarters and other areas to which federal prisoners have access, as well as,?all vehicular traffic and supplies entering and leaving the facility. Searches shall be unannounced and irregularly timed and shall be conducted with minimum disturbance to federal prisoner possessions. Only contraband items shall be confiscated. Records of searches shall be prepared and maintained. A copy of the search rec0rds shall be provided to the COTR upon request. I Keys and Locks The contractor shall provide a written policy and procedure governing the control and use of keys" These procedures shall include, but are not limited to: Method of inspection to expose compromised locks or locking mechanisms and method of replacement for all damaged keys and locks; A preventive maintenance schedule for servicing locks and locking mechanisms and method of logging all work performed on locks and locking mechanisms: and Policy for restricting security keys from 24-hour issue and removal from the institution and method of issuing emergency keys. Emergency keys shall be available for all areas of the facility to which emergency access or egress may be necessary. Procedures shall include the requirement to notify the COTR in writing on the next business day in the event a key or locking mechanism is compromised. Notification will include the contractor's corrective plan of action. Tools and Culinary Equipment The contractor shall provide written policy and procedures governing the control and use of tools and culinary equipment. The control system must provide for tools brought into the facility by outside maintenance persons Control of Chemicals The contractor shall ensnre that federal prisoners are never in possession of items such as lye, insecticide, antifreeze, or any flammable materials. Such materials shall be stored in secure areas that are unaccessible to federal prisoners. This requirement must comply with OSHA regulations. Post Orders MARCH 2015 ICE2012FOIA03030.0028366 and agree to comply with all post orders prior to the officer being initially to that post. Correctional officer certifications shall be retained by the contractor and made available to the COTR upon request. Use of Force The contractor shall obtain and provide proof that it has the appropriate authority, under the laws of the State of Arizona, to use force as necessary to maintain the security of the contract detention facility. The use of force by the contractor shall at all times be consistent with USMS Policy Statement on the Use of Deadly Force and the Commentary Regarding the Use of Force that accompanies it. These documents which have been incorporated as attachment in Section J. All incidents involving the use of force shall be reported. A verbal report shall be provided to the COTR or designee immediately as soon as reasonably practical after such incident occurs. A detailed written report that has been reviewed and approved by the Warden shall be provided to the COTR within 48 hours of the incident. The use of force report shall include: a An accounting of the events leading up to the use of force; An accurate and precise description of the incident and reasons-for employing force; A description of the injuries suffered, if any, and the treatment given or receiVed; and A list of all participants and witnesses to the incident. In no case shall physical force be used as punishment or discipline The use of force by the contractor as it applies to INS detainees shall at al times be consistent with INS policy on the use of deadly force which is incorporated by reference. Arrest Authority The contractor shall provide proof that it has the necessary arrest authority under the laws of the State of Arizona, such that an officer or employee of the contractor may: detain persons on or off facility property for the following violations regardless of where the violation may occur: assaulting officers, escape, attempted escape and assisting escape; (2) detain/make arrests on facility property for the following violations theft, depredation of property, contraband, mutiny, rioting and trespass; and (3) detain/make arrests for any other offense committed on institution property if necessary to safeguard Government property or ensure the security of the detention facility. Depending upon state laws and authorities, these arrests may be made without a warrant if the officer or employee of the contractor has reasonable grounds to believe that the arrested person is guilty of one of the above?referenced offenses-and if there is likelihood of such persons escaping before an arrest ,warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. 0 Use of Restraints The contractor shall provide written policy and procedure governing the use of restraint equipment on USMS federal prisoners. C-23 MARCH 2015 1 The restraining equipment routinely used consists of handcuffs, waist chains, and leg irons. Disposable nylon straps may be used in lieu of handcuffs or leg irons only in emergencies or mass arrest situations. They also may be used when an federal prisoner's wrists or ankles are too large for conventional restraints. Authorized supplemental restraining devices are pad locks, lead chains, black or blue boxes, tape (to cover locks only) and, under special circumstances, straight jackets and cargo straps. All other devices_are prohibited. 2 A federal prisoner should not be secured to a fixed object under circumstances that would endanger the federal prisoner's life. 3. Handcuffs and leg irons will be double locked when in use. The keyhole on handcuffs will face away from the body. The keyhole on leg irons will face the ground. Restraints will be inspected frequently to discourage escape manipulation. 4. Correctional officers responsible for federal prisoner custody, production, and transport must ensure the safeguarding of all security equipment and upkeep of such equipment. 5 When federal prisoners are transported by automobile, station wagon, bus or van, handcuffs, waist chains, leg irons and black or blue boxes will be used on each federal prisoner. 6 Leg irons will be used on federal prisoners confined to a hospital bed which does not have a jail ward. If leg irons must be removed for medical or other compelling purposes, handcuffs will be applied prior to removal of the leg irons, and handcuffs will not be removed prior to applying leg irons. Leg irons and/or handcuffs will not be removed from a federal prisoner undergoing medical care when he bathes or showers. When compelling medical reasons dictate, restraining devices will not be used. 7 All instances of use of restraints for purposes of long term immobilization or in conjunction with the use of force, shall be communicated to the COTR or designee when reasonably practicable 8. A detailed written report reviewed and approved by the Warden, shall be provided to the COTR or designee within 48 hours of the incident. 9 The routine uses of restraints for movement and incidental control of federal prisoners does not have to be reported to the COTR. Searches The contractor shall provide a written policy and procedure for the following: 1. Pat down searches, strip searches, body cavity searches and X-ray searches. 2 The contractor's written policy shall require, at a minimum, that strip searches be performed during the admission process, and prior to removal of a federal prisoner from the facility for the purposes of a courtroom appearance, and prior to federal prisoners transportation via the Justice Prisoner and Alien Transportation System (JPATS). Contractor shall ensure that federal prisoners do not possess tobacco products when scheduled to appear in court, or to be transported to medical appointments, another facility or the JPATS airlift. 3. Strip searches must take place in a location where visual privacy is C-24 MARCH 2015 ensured and without television monitors. 5- rches of body areas covered by bandages or dressings should be conducte? by a physicia physician's assistant, or nurse, if at all possible. 3' ip searches conducted only by a member of the same sex. An intrusion or digital intrusion search will be undertaken only when there is probable cause to believe that the federal prisoner has concealed contraband in a body cavity. Intrusion and digital intrusion Searches will be conducted by a physician, physicians assistant, or nurse unless exceptional circumstances require emergency action by non? medical personnel. The reason for such a search and the results thereof must be documented in detail in a report that shall be made available to the COTR or designee upon request. If circumstances indicate that an intrusion search is justified, but not immediately required for personal security reasons, the COTR, or designee, will make contact with the U.s. Attorney should be contacted regarding the advisability of a search warrant in light of case law regarding internal searches of federal prisoners. I A photographic search using x?rays for swallowed contraband, contraband hidden in casts, prosthetic devices in federal prisoners property. The reasons for this-search and the results thereof must be documented in detail in a report that shall be made available to the COTR upon request. The medical procedure must first be authorized by a physician Pregnant female federal prisoner must not be subjected to x-rays. weapons The contractor shall have written policies and procedures governing the use of weapons and chemicals. The contractor shall not permit weapons of any kind to be taken inside the security perimeter of the facility by any person. The contractor shall ensure that all weapons are checked and secured in appropriate weapons lockers. 3 If there is an internal attempt to breach security, and if it becomes imperative for contractor staff guarding federal prisoners to arm themselves for the protection of staff or federal prisoners, weapons must be authorized by the Warden, or designee, before being taken into the affected area. Post Shooting Incidents Contractor employees that carry and use firearms shall comply with all federal, state, and local laws. Additionally, the contractor shall provide written policies and procedures for the conduct of post?shooting incident reviews that substantially complies with all state and local laws. The contractor shall cooperate with the USMS in the review of all incidents. The contractor shall provide the USMS with a copy of any written reports that are prepared by state/local law enforcement agencies investigating the incident. Special Housing Unit (SHU) The contractor shall notify the COTR whenever any federal prisoner is placed into the SHU and the reason for the action. Notification shall be provided to the COTR or designee via a typed report (or copy thereof) concerning the incident by the next business day. The contractor shall also provide weekly written status reports concerning the federal prisoners in the SHU to the COTR or designee. 25 MARCH 2015 The contractor shall maintain a detailed log of events on all federal prisoners housed in the SHU. This log shall be maintained for the duration of the contract and must be available for inspection by the COTR or designee at all times. T. Perimeter Security. The contractor shall have written policies and procedures governing the patrol and surveillance of perimeter security. Continuous perimeter surveillance of the facility is required. Intelligence Information The contractor shall have written policy and procedures for collecting. analyzing and disseminating intelligence information regarding issues affecting safety, security and the orderly operation of the facility. V. Release of Information to Public/News Nadia The COTR shall be notified when a request is made for federal prisoner or employee interviews or facility visits by any representative of the media, a Member of Congress or Congressional Staffer, a Federal Judge, or an official of a foreign government. The contractor shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the USMS or DOJ in any public presentations they make or articles they write. Contractor shall also ensure that employees submit, for advance review by the COTR, the text of all such presentations or articles. The contractor shall coordinate all public information-related issues with the COTR and clear, in advance, all press statements and releases with the COTR. W. Judicial Communication Written policy and procedures shall ensure a positive relationship is maintained with the Federal Judiciary and federal court family (to include: Pre-trial Services, Federal Public Defender, Probation, etc.). Procedures ,shall include a tracking system which ensures all judicial inquiries and program recommendations are responded to in a timely and accurate manner. All judicial inquiries and contractor responses,-specifically related to a federal prisoner, shall be made part of the federal prisoner's central file. The contractor shall notify the COTR in writing of all judicial inquiries by the next business day and shall provide the COTR with an opportunity to review the contractor's responses to those inquiries. X. Prisoner Release and Transfer To permit the USMS to confirm whether all ordered releases/transfers were accomplished by the contractor, the contractor must forward on a daily basis to the appropriate Phoenix and Tucson OPS SDUSMS, a list of the previous days releases/transfers which were conducted. CHAPTER '7 - FEDERAL PRISONER. TRANSPORTATION AND GUARD SERVICES The contractor shall be required to provide armed guards to transport federal prisoners and armed stationary guard services for hospitalized federal prisoners. This shall include transporting federal prisoners: 1) to and from medical appointments, 2) to and from federal court and 3) to and from the airlift, and to any other location within the Contract District as directed by C-26 MARCH 2015 ICE2012FOIA03030.0028370 the 0.8. Marshal or the USMS designee. Guards reSponsible for transporting federal prisoners shall have the appropriate state license to carry firearms. The contractor shall provide proof of such license to the COTR upon request. When transporting the federal prisoner to and from court, the contractor shall be responsible for the federal prisoner until he is securely housed in the USMS cellblock. After the court appearance the contractor shall be responsible for the secure transportation of the federal prisoner from the USMS cellblock to the facility. The costs of transporting prisoners to and from court and to and from medical appointments and the hospital as well any other transportation cost, shall be included in the per diem rate. Guard services associated with transporting prisoners to and from the courthouse and to and from medical appointments and hospital stays shall also be included within the per diem rate. Thus, no direct charges shall he made to the contract under contract line item 0002 (or 1002, 2002, 3002 and 4002 in options) for guard services when: 1 Transporting prisoners to or from the courthouse or to and from medical appointments. Guard services relating to transportation to and from the airlift Picking up prisoners for transportation to a CCA facility from another federal, state or local jail or court or transporting from a CCA facility to a federal, state or local facility so long as both fadilities are located in Arizona. The contractor shall bill the following types of guard services against contract line item 0002 contract line item 0002 (or 1002, 2002, 3002 and 4002 in options): 1. Transportation guard services other than those specified above as directed by the 0.8. Marshal. 2. Stationary guard services relating to detaining prisoners while they are hospitalized or undergoing medical treatment. A Transportation Procedures 1. Federal prisoners shall not be permitted to select destination, routes of travel, rest stops, or in any other manner to influence the travel itinerary. 2. Correctional Officers shall be alert for conversation by and between federal prisoners which provide investigative leads or indications of escape attempts, and will report such conversations to their immediate supervisor. Federal prisoners will not be permitted to possess or expend any funds while in transit. 4 Federal prisoners will not be permitted to converse with anyone except other federal prisoners and custodial authorities while in transit. Federal prisoners will not be permitted to place telephone calls from the point in time the inmate is informed a move is imminent and through such time the inmate arrives at his final trip designation. 02'] MARCH 2015 the 0.3. Marshal or the USMS designee. Guards responsible for transporting federal prisoners shall have the apprOpriate state license to carry firearms. The contractor shall provide proof of such license to the COTR upon request. When transporting the federal prisoner to and from court, the contractor shall be responsible for the federal prisoner until he is secnrely housed in the USMS cellblock. After the court appearance the contractor shall be responsible for the secure transportation of the federal prisoner.from the USMS cellblock to the facility. The costs of transporting prisoners to and from court and to and from medical appointments and the hospital as well any other transportation cost, shall be included in the per diem rate. Guard services associated with transporting prisoners to and from the courthouse and to and from medical appointments shall also be included.within the per diem rate. Thus, no direct charges shall be made to the contract under contract line item 0002 (or 1002 and 2002 in optionso for guard services when: 1 Transporting prisoners to or from,the courthouse or to and from medica appointments. 2 Guard services relating to transportation to and from the airlift Picking up prisoners for transportation to a contractor facility from another federal, state or local jail or court or transporting from a contractor facility to a federal, state or local facility so long as both facilities are located in Arizona. The contractor shall bill the following types of guard services against contract line item 0002 contract line item 0002 (or 1002 and 2002 4002 in options): Transportation guard services other than those specified above as directed by the 0.8. Marshal. Stationary guard services relating to detaining prisoners while they are hospitalized or undergoing medical treatment. A. Transportation Procedures Federal prisoners shall not be permitted to select destination, routes of travel, rest stops, or in any other manner to influence the travel itinerary. 2 Correctional Officers shall be alert for conversation by and between federal prisoners which provide investigative leads or indications of escape attempts, and will report such conversations to their immediate supervisor. Federal prisoners will not be permitted to possess or expend any funds while in transit. 4 Federal prisoners will not be permitted to converse with anyone except other federal prisoners and custodial authorities while in tranSit. Federal prisoners will not be permitted to place telephone calls from the point in time the inmate is informed a move is imminent and through such time the inmate arrives at his final trip deSignation. C-27 MARCH 2015 6. Federal prisoners will not be permitted medication except that prescribed by a physician or as indicated by a physician. Medication which must be administered by hypodermic syringe will be injected only by medical personnel. 7. Handcuff and leg iron keys will not be carried on the same key ring as motor vehicle ignition keys or other general use keys. 8. Guests, hitchhikers, and persons not serving in an official capacity, or other persons not in the custody of the USMS will not be permitted in vehicles while federal prisoners are?being transported. B. Form USM-553 Medical Summary of Federal Prisoner/Alien in Transit. A Form must be initiated on every prisoner at the time the prisoner is processed and booked in to the contracted facility. USMS prisoner's TB test results are to be documented by a health care professional in the TB Clearance section at the_upper hand corner of Form USM- 553. The sections entitled TB Clearance, Current Medical Problems, Medication Required for Care En Route and Special Needs Affecting Transportation of the Form (all medical information) are to be completed by appropriate health care professionals at the contractor facility at the time any medical problems are identified. If the federal prisoner refuses to undergo TB testing, the refusal should be documented in writing on the Form and the contracted facility should notify the appropriate Phoenix or Tucson OPS SDUSM in writing by the next business day. A prisoner who refuses to be TB tested or is must be placed in Isolation immediately and remain there until submission to TB testing occurs or documentation is obtained which clearly demonstrates the inmate poses no risk to any person at the contract facility. Inmates who exhibit no will be placed in segregation. A completed to date Form must be faxed by the contract facility medical staff or the attending physician upon receipt of the ?Wt-Designation? list provided by the USMS. Such completed Form USN-553's must be faxed within seven days, but at a minimum the day prior to any federal prisoner transfers or releases, directly to the appropriate Phoenix or Tucson OPS SDUSM so the form may be placed in an inmate's move packet. The contractor must have a procedure in place which will identify the date the completed Form was initially faxed to the appropriate Phoenix or Tucson OPS SDUSM. Should the inmate's medical condition-change in any way between this initial fax date and the date the inmate is actually moved from the facility, the contractor's health care professionals must provide the requesting Deputy U.S. Marshal with an updated Form USN-553. If no such medical condition change has occurred during this same time period, an updated Form will not be required to be furnished by the contractor. C. Rest Stops Vehicles will be parked as close to the rest rooms as possible. Police or other jail facilities should be used when possible. Rest areas on interstate highways should be avoided and facilities should be selected at random after departing the interstate highway. Federal prisoners will not be left unguarded at any time. All federal prisoners will remain under close surveillance at rest stops. both in the vehicle and in the rest rooms. A thorough search of rest stop facilities will be conducted for contraband and items that may be used as weapons, and any item that may be used in an escape attempt prior to permitting federal prisoners use of the facilitya C-28 MARCH 2015 Restraining devices will no he removed. Each time a federal prisoner is placed in or removed from a 'ehicle, alL restraints will be thoroughly checked to determine that each devi'e used is secured. Transportation Staffing The contractor shall provide a driver and (bxne if transporting federal risoners by bus. The contractor a prOVi an armed driver and I (bxne if tranSporting federal prisoners by van or automobile. Additionally, the guards hired for transportation and stationary guard services shall have the same qualifications, receive the same training, complete the same security clearances, and_wear the same uniforms as correctional officers provided for in the other areas of this contract. vehicle Loads The contractor shall not attempt to transport more than a full load of federal prisoners per trip in any vehicle. A full load for automobile trips is three federal prisoners in the rear seat behind the barrier. The number of federal prisoners assigned to a_bus or van will not exceed the designed passenger load for that vehicle. vehicles The contractor shall ensure the vehicle, whether bus, van or automobile, includes a secure barrier to separate the federal prisoners from the armed guards. All windows in the prisoner areas of the vehicles must be covered with plexiglass or wiremesh/strapping. All vehicles used to transport federal prisoners shall be air-conditioned. Inside rear door handles will be removed or rendered inoperable on all vehicles used for federal prisoner transport. The driver and guard personnel will be separated from federal prisoners by security screens constructed of plexiglass or steel mesh. Buses used for trips of three hours or longer shall be equipped with a restroom. The contractor is required to visit the local USMS offices to ensure that the Courthouse is equipped to safely/securely handle the size of the vehicle to be used. Any/all vehicles utilized by the contractor are required, at a minimum, to be fully licensed/registered; fully insured; contain a basic first-aid kit and fully charged/operable fire extinguisher; have any accessible compartments on the exterior/interior fully lockable and be fully mechanically/operationally sound. The contractor is required to have a vehicle inspection program in place which ensures such basic requirements as listed are met at a minimum. Any/all records regarding the contractor's vehicle inspection program must be made available for review by the COTE, or designee, upon request. Vehicle Security Vehicles will be searched prior to use for federal prisoner movements and after each federal prisoner trip. The search will include not only an inspection of the federal prisoner area, but the entire interior of the vehicle, front and back. If the trip involves more than one day, the search shall be completed prior to loading federal prisoners at the beginning each day. The contractor shall establish a communications system that has direct and immediate contact with all vehicles and post assignments. '29 MARCH 2015 Stationary/Hospital Guard Services When federal prisoners must be removed from the facility for medical purposes, the contractor shall continue to be responsible for the security of the federal prisoners during the medical appointment. Under no circumstances will a federal prisoner be provided with advance notice either directly or indirectly of any medical appointments. If the federal prisoner is hospitalized, the contractor shall place guards with the federal prisoner in accordance with instructions from the appropriate Phoenix or Tucson OPS SDUSM or Duty Officer until relieved by a separate USMS district contractor secured for such purpose. Federal prisoners names?shall not be listed in the hospital inquiry system. While awaiting relief, the contractor's assigned guards must adhere to the following instructions, at a minimum: Standar ocedures require federal prisoners in custod; to have (bX?e However, exceptions can be granted by the appropriate Phoenix or Tucson OPS SDUSM. Federal prisoners shall be either handcuffed to the bed.or in .eg rons chained to the bed. Guards shall keep the federal prisoner under constant visual supervision 24 hours per day until the federal prisoner is ordered released from the hospital and returned to the jail unless the prisoner will be placed in a locked hospital ward. 4 All visitors, including attorneys, must be approved verbally by the appropriate Phoenix or Tucson OPS SDUSM prior to hospital visits of the federal prisoner. Guards are to maintain a visitor register showing name (established with proper identification), address, date, and time of visit. The register shall be made available to the COTR, upon request. Visits should be in length as dictated by USMS policy inij conjunction with the hospital policy. - .4, Guards are to instruct hospital personnel that no packages, mail, flowers, etc., will be delivered directly to federal prisoners. Guards are required to notify the appropriate Phoenix or Tucson OPS SDUSM or the duty officer regarding any item in question before delivery to a federal prisoner. Guards shall maintain a log of all articles attempted to be delivered to federal priSOners which must be made available to the COTR, or designee, upon request. Any contraband found should be seized by the guard and a full written report submitted within 24 hours to the COTR, or designee, along with requests for action (if apprOpriate). 6 The guards will ensure the federal prisoner has no access to telephones The USMS will not be financially responsible for meals, telephone calls or television charges by federal prisoners or guards. CHAPTER 8 - HEALTH CARE SERVICES During the intake phase, the contractor shall provide federal prisoners with written instructions for obtaining health care services while confined at the contractor's facility. The contractor shall ensure that these instructions are explained in the federal prisoners? native language, and they are explained orally to federal prisoners who are unable to read. Federal prisoners shall not be used to translate health care instructions nor should other federal prisoners be used to interpret or translate medical problems, except in emergency situations.v Contractor shall be responsible for C-3C MARCH 2015 establishing language interpretation services to equirement, commercial phone language interpretive servi ?he .eral prison shall also be provided similar written, interprete and .r nr instructic and assistance in personal hygiene, dental hygiene gro? ring intake processing. A Health Authority The contractor shall appoi:t a healtl authority is respon delivery of health care se vices at .he facility. When the authori is other than a physician, final med.cal judgment must rest a single designated licensed respon ible phys.cian. The 11th Author ?or INS prisoners is the USPHS. Emergency Medical Services The contractor shall provide a plan for delivery of 24-hour emergency medical and dental care that complies with the Standards for Health Services In Jails current edition, National Commission on Correctional Health Care. The level of medical care provided will comply with USMS Prisoner Health Care Policy Standards Handbook and USMS Reproductive Health Care for Female Prisoners Policy. The plan shall include the following: s-site emergency 'irst aid an :risis intervention emergency evacuatio: federa prisoners from the use of emergency med.:al vehic use of one or more designated spital emerge: rooms or -ther appropriate health facilities emergency on-ca physicia: dentist and menta health :rofessional services, and security procedures providing the immediate transfe federa prisoners when appropriate. Emergency health care provided to INS prisoner rill be "sported immediately to and coordinated by USPHS staff. Licensed Health Care Provider A health?trained professional employee shall coordinate the health care delivery in the facility under the joint supervision of the Health Authority and the Warden. Sick Call The contractor shall have written policies and procedures requiring that sick call is conducted by a physician and/or other qualified person and is available to all federal prisoners. If a federal prisoner's custody status precludes attendance at sick call (ie. court appearance), arrangements must be made to provide sick call as soon as reasonably practical on the same day once the prisoner is returned to the contractor's facility. Transfer Outside of Facility for Needed Medical Care The Ir shall have written -es and pr :edures MARCH 2015 federal prisoners who need health care beyond the resources available in the facility, as determined by the Health Authority, are transferred under apprOpriate security provisions to a facility where such care is available. When any such travel is approved verbally by the appropriate Phoenix or Tucson OPS SDUSM during normal business hours or the duty officer after hours, pertinent data (including medical condition, medication (along with specific written instructions for administration), behavior management procedures, and other treatment or Special requirements for observation and care during travel) must be documented on a Form at a minimum, for transportation correctional officers or others who may be called upon to attend to federal prisoners during travel and on reception at the receiving facility. Medications or other special treatment required en route, along with specific written instructions for administration, must be furnished on the Form USN-553 to transportation correctional officers. All non-emergent care must be pre? authorized by the appropriate Phoenix or Tucson OPS SDUSM signature and date on a contractor submitted typed Medical Consult Form. Non?emergent care provided without pre?authorization_will not be the financial responsibility of the USMS. In cases where a federal inmate must be transported outside the facility for emergency care, the co?tractor will make verbal contact with the appropriate Phoenix or Tucson OPS SDUSM during normal business hours or the duty officer after business hours as soon as is reasonably practical. 0n the next business day, the contractor will be responsible for the submission of a typed Medical Consult Form for written approval of such emergency care as was required. The contractor must provide written notification of all emergency and non? emergent care provided to federal prisoners to the COTR via a written report which includes, at a minimum, the date the actual outside medical care was provided, date consult signed/approved, scheduled appointment time, and location of medical facility utilized. The USMS reserves the right to designate health care facilities physicians, hospitals, labs, clinics) which the contractor will use for outside federal prisoner referrals. Booking/Screening/Intake Process As part of the booking process, an initial dental, and social medical intake screening must be conducted on all federal prisoners by the contractor's appropriate health care professionals within 24 hours of arrival at the contract facility. Such intake screening must, at a minimum, include obtaining the inmate's basic health history, medications currently required, and immediate overall health needs. The contractor will ensure any appropriate follow-up medical treatment identified is scheduled accordingly and takes place in a timely manner. All federal prisoners will be physically examined for any type of outward detectable of TB and must be tested immediately for TB upon entry into the facility, unless a federal prisoner has been transferred from another facility with appropriate medical clearance documentation which indicates such testing was performed within the past 6 months and thus another TB test is not necessary as per proper medical protocol. Those federal prisoners that exhibit of TB, or refuse to be TB tested, must be isolated or segregated immediately. All federal prisoners will be physically examined within 14 days in accordance with standards. Health Unit (HU) A health unit shall be provided 'y he contractor Overnight in-house skilled MARCH 2015 nursing care is required. Federal prisoners should only have to be removed to a hospital for very serious conditions. 1 The facility shall be able to provide such services as x-rays and dental work without the need to move the federal prisoner to an outside medical facility. 2. The contractor?s program shall have procedures in place for handling communicable diseases in accordance with the latest Centers for Disease Control and Prevention (CDC) guidelines. 3 The contractor shall provide male prisoners who are being transferred via JPATS or bus, with three days of prescription medication which shall be dispensed from the facility. Female prisoners being transferred shall be provided with seven days of prescription medication. All medication provided must be listed appropriately and completely on the Form USN-553 to include amounts and prescribed medication rates. 4 Whenever possible, generic medications shall be prescribed 5 Copies of medical records must travel with the federal prisoner. If the records are maintained at a medical contractor's facility, it is the contractor's responsibility to obtain them before a federal prisoner is moved. 6 The contractor shall ensure that a USM Form 553, Medical Summary of Federal Prisoner/Alien in Transit, is maintained on each federal inmate from the time of the inmate's arrival through departure from the facility. The USM Form 553 will be given to the USMS transport official at the time of federal prisoner transfer if any additional information has been added to the form since it was previously provided to the appropriate Phoenix or Tucson OPS SDUSM. Health unit Security. The contractor shall provide security coverage in the EU no less than twelve (12) hours per day, seven (7) days per week as scheduled by the HU and 24 hours a day whenever a federal prisoner is housed in th? HU. I First Aid Kits. The contractor shall be responsible for the installation of the basic first aid containers, as well as blood borne pathogen kits. The number and locations of the first aid kits shall be consistent with ACA standards- Stocking and replenishment of the first aid kits shall be the responsibility of the contractor. Vehicles used to transport federal prisoners must contain a fully stocked first aid kit. Communicable Diseases The contractor shall separate a prisoner from the general population when there is reason to suspect that a prisoner has a communicable disease or a debilitating physical problem. The contractor shall immediately notify the on-site health authority and provide a written report to the COTR about the prisoner's condition. Federal Prisoner Death In the event of a federal prisoner death, the contractor shall immediately C-33 MARCH 2015 3. The contractor shall provide the COTR or duty officer with an initial written incident report within 24 hours of the prisoner's death. Upon the completion of any investigations conducted surrounding the death, the contractor must provide the COTR with a complete copy of all reports prepared and the inmate's medical, dental, property and disciplinary records. The contractor shall also arrange for a fingerprint (right thumb or right index) to be taken, and staff shall date and sign the fingerprint card to ensure that positivc identification has been made. :he fingerprint card shall then be hand delivered to the COTR within 24 ours. Personal property of a deceased federal prisoner shall be inventoried and forwarded to the person to be notified in case of emergency and/or the nearest of kin. Such documentation must become a permanent part of the contractor's prisoner file. L. Outside Health Care Facilities The USMS reserves the right to designate health care facilities physicians, hospitals, labs, clinics) which the contractor shall use for outside federal prisoner referrals. Prior to designation of any ohtside health care facility, the contractor must obtain pre-certification by the appropriate Phoenix or Tucson OPS SDUSM signature and date on a contractor submitted typed Medical Consult Form during normal business hours or verbal approval from the duty officer after business hours. On the next business day, the contractor will be responsible for the submission of a typed Medical Consult Form for signature approval to pre-certify the verbal approval received from the duty officer after business hours. Emergency care must be reported by a typed report to the COTR within 72 hours of delivery. Any outside care obtained and/or provided that is not precertified will not be reimbursable by the USMS. M. Off-Premises Health Care Billing. The contractor is responsible for the costs of all health care provided at the contract detention facility. The contractor is not responsible for the costs of pre-approved or emergency medical care provided by off?premises health care providers. The contractor shall direct all off?premises health care providers, both in?patient and out-patient? to submit bills directly to the contractor who will then redistribute to the appropriate USMS District or sub? office for review and payment. All medical billing incurred for INS prisoners will be directed to the for review and payment. C-34 MARCH 2015 N. MEdical Emergencies(magma/ML, my?; . . a?w? ?aw. rm? an w: . The contractor must provide the appropriate Phoenix or Tucson OPS SDUSM with a detailed written report when a federal prisoner is confirmed as having an infectious disease. The report will be sent upon the next business day of the disease being identified and a course of action having been determined to localize and/or treat each specific incident. The contractor must provide immediate written notification to the appropriate Phoenix or Tucson OPS SDUSM when the federal prisoner is removed and/or cleared from Medical Isolation so that the federal court may be notified to reschedule any court proceedings which the inmate missed due to this condition- R. Other The contractor shall not conduct medical experimentation or pharmaceutical testing on federal prisoners. Federal prisoners mayvnot be used as subjects for any nonetherapeutic medical experimentation, including the use of unestablished drugs and unapproved medical techniques. C-35 MARCH 2015 CHAPTER 9 PHYSICAL PLANT. The contractor shall operate, repair and maintain the entire physical plant (interior and exterior) including all buildings, equipment, utilities, grounds, roadways, and systems mechanical, electrical, HVAC, plumbing, alarm and fire suppression, life safety, security, radio, telecommunication and utility distribution) in accordance with all applicable federal, state and local laws, regulations, guidelines and policies, and design, equipment and material specifications.) A. Physical Plant (General The contract detention facility shall be constructed, operated and maintained in accordance with all applicable federal, state and local laws, regulations, guidelines, policies, building and zoning codes. In the event of any conflict between federal, state and local law, regulations, guidelines, policies or codes, the most stringent shall apply. In addition to satisfying the requirements of ACA Standards applicable to the physical plant, the following requirements are applicable to the physical plant: 1. The facility shall be capable of housing at least the number of prisoners specified in the contractor's proposal. 2 The facility shall allow periodic inspections to be performed by DOJ personnel. Findings of the inspection will be shared with the Warden in order to promote improvements to facility operations, conditions of confinement and levels of services. 3. A health unit shall be provided to support 24?hour a day medical care. Clinical services shall be provided for the general population. There must be an examination room, a dental.room, a records room and a secure area (pharmacy) for drugs, medicines and supplies. 4 There shall be a secure vehicular sallyport to accommodate a 50 or more passenger, over?the-road, inter?city type bus. 5. There shall be separate access to the facility for federal prisoner services, and public entry. 6 There shall be a general library and a law library. B. Contractor Responsibilities. The contractor is responsible for: 1 The labor, equipment, supplies, management and oversight of all alterations, repairs, improvements and maintenance to the physical plant, including all equipment and utilities, energy conservation and all major operating units. 2. The preparation of design plans and specifications and all cost estimates involving alterations and mechanical work. 3. The budget, personnel and reporting compliance in accordance with the SOW . 4 Monitoring of environmental requirements of federal, state and local laws and regulations. MARCH 2015 Assuring required licenses and permits are obtained and on file as prescribed by federal, state and local laws. Licenses and/or permits may be required to conduct actions related to boiler plant operations, sewage plant operations, potable water treatment systems, fuel storage tanks, etc. Repair and Replacement of Property and Equipment Equipment and material Specifications and standards (such as paint, floor covering, building materials, doors, security hardware, windows, etc.) specified in the master design and construption Specifications, shall be followed when repairing, replacing and maintaining the equipment and property Preventive Maintenance/Inspections The contractor shall manage the total work effort associated with the operation, maintenance and repair of the physical plant in accordance with the following: I The contractor shall develop and maintain a preventive maintenance program and a corrective maintenance plan. A copy of the preventive maintenance plan/correction maintenance plan shall be provided to the COTR at least thirty (30) days prior to the commencement of contract performance. Thereafter, complete service records of all institutional equipment shall be maintained and made available to the COTR upon request. 2 The contractor shall be responsible for all preventive maintenance, corrective maintenance, calibration and repair of all facility property in accordance with manufacturer instructions and applicable regulations and standards. All equipment shall be maintained in a safe and proper manner free from damage, in operating condition and in a state of cleanliness. reports on all maintenance activities, including comparative information from the previous month shall be provided to the COTR upon request. If the COTR determines the contractor has failed to comply with obligations regarding maintenance, repair or replacement of facility or property thereon, he/she may notify the contractor of that failure but is not obligated to do so. An omission by the USMS not to provide notification shall not relieve the contractor of its obligations hereunder. In the event the CO provides written notice of said failure, the contractor shall comply with its obligation to remedy the failure within the time specified. Should the contractor fail to effect the maintenance, repair or replacement within the specified time, the USMS may avail itself of any or all of the remedies described elsewhere in the contract. Physical Damage After the occurrence of any major physical damage that effects the safety and security of the institution, the contractor shall provide a detailed typed report regarding such damage to the COTR or designee on the next business day which will include any contractor plans of action, time frames to repair, etc It shall be the responsibility of the contractor to repair such damage, to rebuild or restore the institution consistent with the master design and construction specifications for the facility at no cost to the USMS. The contractor shall be solely responsible, financial or otherwise for any repairs, restorations or rebuilding. MARCH 2015 Environmental Damage The contractor shall comply with all applicable federal, state and local environmental laws and regulations. The contractor shall be responsible for and Shall indemnify and hold the Government harmless for any and all spills, releases, emission and discharges of any toxic or hazardous substance, any pollutant, or any waste, whether sudden or gradual, caused by or arising under the performance of the contract. For the purposes of any environmental statute or regulation, the contractor shall be considered the "operator" for any facility utilized in the performance of the contract, and shall indemnify and hold the Government harmless for the failure to adhere to any applicable law or regulation eatablished to protect the human or physical environment. The contractor shall be responsible in the same manner as above regardless of whether activities leading to or causing a spill, release, emission or discharge are performed by contractor, its agents, inmates, visitors, or other third parties. If the contractor Spills or releases any substance into the environment, the contractor shall immediately report the incident to the Contracting Officer. The liability for the spill or release of such substances rests solely with the contractor'and its agent (5). CHAPTER 10 - SAFETY AND EMERGENCY PLANS AND STANDARDS All alterations, construction, renovations to the facility shall maintain fire safety at the level described in this chapter. A. Fire Prevention Plan The contractor shall provide written plans, policies and procedures which outline the facility's locally approved fire prevention plan ensuring the safety of staff, federal prisoners, and visitors. The plan shall include, but is not limited to, provision for an adequate fire prevention service, a system of fire inspection and testing of equipment by a local fire official at least quarterly, and availability of extinguishers at appropriate locations throughout the facility. A locally certified fire alarm and smoke detection system shall be provided by the contractor covering every area of the facility. B. weekly Inspections There shall be a fire and safety inspection of the facility at least weekly by a properly trained and qualified Safety Officer. Documentation of the weekly inspections shall be made available to the COTR for review upon request. The USMS may perform inspections as deemed necessary to assure compliance with all health, safety and emergency procedures. Injury Reports The contractor must comply with all applicable federal, state, and municipal safety regulations in the performance of this contract. The contractor must prepare a complete typed report and provide it to the COTR within 2 business days for any staff member working on the USMS contract who sustains a job related injury resulting in loss of man?hours- The report must also include the contractor's plan for any corrective action to prevent future incidents. Smoke Free Environment The contractor shall provide a smoke free environment The contractor shall C-38 MARCH 2015 ensure that prisoners do not possess tobacco products when they depart from the facility for court appearances, medical appointments, airlift transfers or a release from the facility while still in custody. The contractor shall provide a written plan which has been fully coordinated with local officials and the USMS, that specifies the actions to be followed in emergency situations, including, but not limited to. fire, disturbance, taking of hostages, strikes by contractor personnel and evacuation of the facility including the H0 and SHU. The plan shall incorporate written agreements with appropriate state and local authorities that provide for notifications and requests for assistance in-the event of any serious incidents that may have an adverse impact on the community. This plan along with evidence that it has been coordinated with local officials shall be submitted to the USMS by the time specified for final preposal submissions. The contractor shall provide all comments or concerns expressed by the local officials to the USMS. These plahs and procedures shall be made available to all contractor employees and reviewed and updated annually. Escapes a The contractor must immediately secure the crime scene to include, but not limited to, the exit path and the inmate?s assigned living area within the facility, until all such areas are processed by USMS district staff assigned to investigate. The contractor shall verbally notify the appropriate Phoenix or Tucson OPS SDUSM during normal business hours or the duty officer after hours immediately after the discovery of any USMS inmate escape or attempted escape. Similarly, the contractor shall immediately notify the INS officer in charge of any INS prisoner escape or attempted escape. The contractor assumes absolute liability for the escape of any federal prisoner in its custody. The contractor shall be assessed a fee for each federal prisoner escape which occurs while the federal prisoner(s) are in the custody of the contractor. Refer to Section - Incentives for Description of the Assessment. In addition, the USMS may make deductions due to non-performance under the inspections clause(s of the contract. Escapes shall be grounds for removal from duty of the employeets responsible if the employee(s) was determined to be at fault by the USMS or the contractor. Corrective actions shall be taken immediately and verbally communicated to the COTR and appropriate Phoenix or Tucson OPS SDUSM on the next business day. A written report of the facts of the escape and remedial action shall be due within five (5) days to the COTR. Procedures shall require the contractor, on a basis, to verify and update the names and office phone numbers, cell phone numbers and pager numbers contained on the emergency notification list and checklist attached to all emergency plans for federal prisoner escapes. A copy of the updated list and checklist shall MARCH 2015 be provided to the COTR. A copy of the first notification list and checklist for escapes shall be provided to the COTR thirty {30) days after contract award. The contractor's personnel shall not Mirandize or questiom the escapee or any other co-conspirators. i The USMS will be responsible for conducting all investigations of escape, attempted escape or any related conspiracies. 2 Emergencies a The contractor is responsible for maintaining order and responding to all federal prisoner disturbances and emergencies. In the event of a disturbance the contractor's staff will provide immediate response with the minimum force necessary to control the disturbance. Emergency response drills with law enforcement agencies, as appropriate, shall be practiced prior to receipt of any federal prisoners into the facility and at least twice annually- It is the contractor's responsibility to coordinate this requirement. Emergency protective clothing and equipment for any disturbance/control teams shall be stored in a secure location outside of federal prisoner housing and activity areas. The contractor?s plans and procedures shall include the following 1 provisions for one or more disturbance control teams various alternatives to ensure the preparation of food, shelter, security, and medical care for federal prisoners during the emergency and the storage of all equipment and supplies. 3) prompt immediate telephonic reporting of any emergency situation as described in this section directly involving or which may affect any federal inmate to the appr0priate Phoenix or Tucson OPS SDUSM during normal business hours, the USMS duty officer after normal business hours, or the COTR at such time no other USMS staff can be located. 4 require the contractor, on at least a basis, to verify and update the names and, office phone numbers, page numbers and cellular phone numbers contained on the emergency notification list and checklist attached to all emergency plans for federal prisoner escapes. A copy of the updated list and checklist shall be provided to the COTE on the next business day whenever any corrections have been made. A copy of the first notification list and checklist for emergency notification must be provided to the COTR thirty (30) days after contract award. F. Evacuation Plan The contractor shall prepare a written evacuation and alternate staging plan for use in event of fire, major emergency or should the facility become unfit for its intended use. The contractor shall obtain written certification from C-40 MARCH 2015 a fire department inspector that the evacuation plan meets national fire safety codes. The contractor shall provide a copy of this certification with its written emergency situations plan (See Paragraph of this chapter). The contractor shall review the plan annually. The contractor shall update the plan as necessary and reissne to the local fire jurisdiction and the COTR. The plan shall include: 1 Location of building/room floor plans 2 Use of exit signs and directiona arrows for traffic flow 3 Location of publicly posted plal 4 At least quarterly staff drills of all facility locations and Temporary staging location and method of controlling federal prisoners removed from the facility during an emergency for a period not to exceed twelve (12) hours; and 6 A primary and secondary means for the prompt release of federal prisoners from locked areas in case of emergency. G. Storage The contractor shall provide written policy and procedures governing the storage of all flammable, toxic and caustic materials in accordance with all applicable laws and regulations. H. Emergency Power. The contractor shall ensure that the facility has the fully functional equipment necessary to ensure automatic transfer of services for essential lights, power and communications in an emergency. The contractor shall provide a plan to the COTR thirty (30) days after contract award, which details the location of master control panels, valve shut-offs as well as the areas supported by the emergency power and communications systems. I Exits The contractor shall ensure that all exits are marked, kept clear and in usable condition. There shall be at least two separate and identifiable exits in each federal prisoner living area and other high density areas to permit the prompt evacuation of federal prisoners and employees under emergency conditions. These exits shall lead directly to a hazard free area where direct supervision in accordance with the contractor's approved policies and procedures shall be provided. Interior Furnishings The contractor shall upon request make available to the COTR for inspection. documentation by an independent qualified source that both the interior finishing materials in living areas, exit areas and places of public assembly conform to recognized national safety codes and are in accordance with the facility materials specifications as prescribed by the project architect. Fire mattresses, Bedding and Furniture The contractor shall ensure that all furnishings shall comply with the National Fire Protection Association (NFPA Life Safety Code, current edition MARCH 2015 and ACA Standards Emergency Lockdown System The contractor shall install an emergency facility lockdown system.comprised of electronic locking mechanisms to control all entrances/exits at the perimeter of the facility. This system shall have a remote override system, with controls located at the central control room. The facility shall also ensure that electronic release mechanisms in the control area can be locked out in the event of an emergency to ensure no release may be made from the interior of the facility should the contractor lose possession of the control room. M. Fire Alarm Systems and Safety Equipment All fire suppression, alarms, smoke detectors and related equipment shall be operated, maintained, tested, and inspected for operation readiness in accordance with the most stringent federal, state or local code. N. Emergency Assistance The USMS may seek reimbursement from the contractor for any and all actual expenSes incurred by the Federal Government during an emergency situation. CHAPTER 11 - SANITATION AND HYGIENIC LIVING CONDITIONS The contractor shall comply with the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910 and 1926. In the event there is more than one reference to a safety. health or environment requirement in an applicable, law, standard, code, regulation or USMS policy, the most stringent requirement shall apply. A. Trash Removal The contractor shall maintain all interior and exterior common areas free from trash, debris and litter. Environmental Control/Recycling The contractor shall be responsible for compliance with all applicable environmental laws, regulations and requirements. Pest Control The contractor shall provide a program for the control of vermin and pests This program shall include inspections and treatments as necessary All inspections and controls shall be performed by a licensed pest control specialist. The contractor shall make available to the COTR upon request, documentation of all inspections and corrective actions taken. water Supply The contractor shall maintain written certification that the facility water supply meets all applicable laws and regulations of the governing jurisdiction. Such certification and documentation shall be made available to the COTR for inspection upon request. MARCH 2015 E. Housekeeping The contractor shall have a daily housekeeping plan for the facility's physical plant. The contractor shall make arrangements and be responsible for periodic scheduled cleaning of floors, windows, furnishings, fixtures, and grounds necessary to conform with the applicable health and sanitary requirements. All facility maintenance (including janitorial service) is the responsibility of the contractor. The contractor shall keep all facility floors, hallways, and exits free of barriers, impediments, and hazardous substances. F. waste Disposal The contractor shall provide for both liquid and solid waste disposal. The contractor shall maintain written certifications (if required) demonstrating that the facility meets all applicable laws and regulations of the governing jurisdiction. Such certification and documentation shall be made available to the COTR upon request. G. Clothing The contractor shall provide clean, suitable and presentable clothing to all federal prisoners consisting of, at a minimum, a uniform or jumpsuit which shall aid in identifying the federal prisoners and their designated? classification and work area assignments. Additionally, the contractor shall provide footwear and socks, and three (3) new sets of appropriate undergarments for each federal prisoner upon being booked into the facility. Undergarments shall not be reissued to any other federal prisoner and shall be disposed of in accordance with the contractor?s policy and procedures. Shpuld any detainees clothing require replacement because of damage, loss, theft, or other cause, the contractor shall replace said clothing- The cost of all clothing provided to prisoners is to be included within the per diem rate and shall not be otherwise charged to the Government. The contractor must provide all federal prisoners appropriate seasonal outerwear (specifically, but not limited to, between the months of October- April) when necessary for movement of federal prisoner(s) outside the facility. Laundry Uniforms or jump-suits shall be cleaned, dried and reissued at least twice weekly, scheduled at least three (3) days apart, to each federal prisoner. The contractor shall provide for the cleaning of undergarments every other day and shall ensure the same undergarments are returned to the appropriate federal prisoner. The contractor shall use individual mesh laundry bags which are identified with the federal prisoner's name/number. The contractor shall ensure that all prisoner laundry is cleaned and dried using standard commercial practices. The contractor shall maintain all garments and footwear in good condition and replaced as necessary. Federal prisoners shall not be allowed to wear personal clothing or a mixture of issued and personal clothing. I Linen The contractor shall provide for the issuance of suitable linen and towels to federal prisoners as described below. The standard issue of bedding shall include 2 sheets, 1 pillow, pillow case, 1 non-combustible mattress with cover and clean blankets to provide comfort under existing temperature C-43 MARCH 2015 conditions. The contractor shall provide a clean towel and bed linen at least twice weekly, scheduled at least three (3) days apart, to each_federal prisoner. Should any detainees linen require replacement because of damage, loss, theft, or other cause, the contractor shall replace said clothing. The cost of all linen provided to prisoners is to be included within the per diem rate and shall not be otherwise charged to the Government. J. Personal Hygiene Items The contractor shall provide articles necessary for maintaining personal hygiene to each federal prisoner at no cost to the prisoner. The cost for these items shall be included with the per diem rate. Each federal prisoner shall have soap, toothbrush, toothpaste or powder, a comb and toilet paper. The contractor shall also provide for the special hygiene needs of women. The contractor shall provide shaving equipment upon request. Shaving equipment shall not be shared by prisoners. K. water Temperatures The contractor shall ensure the water temperature for showers or bathing is thermostatically controlled to ensure the safety of the federal prisoners. Hair Care Services The contractor shall provide hair care services by individuals skilled in hair care at no cost to the federal prisoners. The facilities used for hair care shall be located so as to permit observation by staff and shall be stored securely when not in use. The hair care area shall meet all applicable state and local sanitation requirements. CHAPTER 12 FEDERAL PRISONER ADMISSION AND RELEASE Under no circumstance shall the contractor refuse to accept custody of federal prisoners or perform assignments within the scope of this contract- The contractor shall provide written plans, policies, and procedures which govern the reception, orientation, subsequent release of federal prisoners, and control of federal prisoner property. This material shall include and address the items listed below. A. Classification The contractor shall have a comprehensive program which includes consideration and immediate referral to appropriate health care professionals if necessary for suicidal, violent, escape risk, chemically dependent, etc., federal prisoners. USMS prisoners shall be separated from other prisoners housed at the contract facility to the extent practicable. Similarly, sentenced federal prisoners shall be separated from unsentenced federal prisoners to the extent practicable. If the Federal Bureau of Prisons designates a federal prisoner to serve his sentence at the contractors facility, then the contractor shall house that prisoner separately from unsentenced federal prisoners being held at the contractor facility. The contractor shall have written policies and procedures to classify inmates consistent with ACA standards. The contractor is reSpOnSible for maintaining its own internal classification system and for final determination of the placement of all inmates within the general population at the facility. In making its placement decisions, the contractor shall take into account the security needs of the federal prisoner, the security capabilities and features of the facility, and the limited ability of the contractor to provide medical MARCH 2015 care for federal prisoners with serious medical or mental conditions A classification plan shall be submitted to the USMS for review and approval Records The following records must be maintained by the contractor for each federal prisoner as part of the intake/booking procedure: 1 Form USN-18 (Federal Detainees Property Receipt). A copy of this receipt shall be legibly signed by contract staff and maintained in the federal prisoner's file. A c0py of this receipt must be provided to the prisoner. A copy of this receipt is attached under Section J. FD-249 (FBI Fingerprint Card). When the federal prisoner is fingerprinted, a copy of the fingerprints shall be retained in the federal prisoner's file. 3 Federal Prisoner's Photograph. The contractor shall photograph the federal prisoner and retain a copy in the federal prisoner?s file- 4 Form USN-237 (Record of Detainee Medical/Hospital Expense). A separate record_of all medical?care afforded a USMS federal prisoner is to be maintained. A copy of this form is attached under Section J. 5 A copy of the federal prisoner's criminal history report shall be maintained in the federal prisoner's file and used for classification purposes. 6 Gang affiliation name check if appropriate All financial, medical, and disciplinary records are to be retained by the contractor upon the release of each prisoner from the facility. Upon termination of the contractual relationship, the COTR will provide written direction to the contractor as to how any type of disposal of these records will occur. 8 The contractor must have an inmate tracking system which is able to determine the re-admission of any federal prisoner into the contract facility so all such financial, medical and disciplinary records maintained from the inmate's previous housing at the contract facility can be re~activated and referred to during any such future detention(s) Admissions Staffing. A sufficient number of contract facility employees must be available to provide for the booking of federal prisoners on a 24?hour per day basis without the possibility that other areas of the contractor's responsibility will be neglected. Initial Medical Intake screening of all federal prisoners must be conducted by the contractor?s appropriate health care professionals within 24 hours of the inmate's arrival at the contractor facility. Such intake screening must, at a minimum, include obtaining the inmate?s basic health history, medications currently required, and immediate overall health needs. The contractor will ensure any appropriate follow-up medical treatment identified is scheduled accordingly and takes place in a timely manner. All federal prisoners will be physically examined for any type of outward detectable of TB and must be tested immediately for TB upon entry into the facility, unless a federal prisoner has been transferred from another facility with appropriate medical clearance documentation which indicates such testing was performed within the past 6 months and thus another TB test is not necessary as per proper medical protocol. Those federal prisoners that 0-45 MARCH 2015 exhibit of TB, or refuse to be TB tested, must be isolated or segregated immediately. All federal prisoners will be physically examined within 14 days in accordance with standards. Numbering of Federal Prisoners The U.S. Marshal is responsible for the assignment of federal prisoner numbers to federal prisoners initially received in custody. Federal prisoner numbers, once assigned, are not to be altered. The original district USMS federal prisoner number remains with the offender throughout USMS custody. BOP custody, and service of the sentence. E. Admission of New Federal Prisoners The contractor shall have written procedures for admitting new inmates to the facility. Such procedures shall include the development and use of an orientation checklist, interview process, and group meetings. 1 Topics of reception and orientation shall include, but are not imited to the following: a Complete search of the federal prisoner Packing and storing of clothing and personal property Shower and hair care Issuance of clean, .aundered clothing Review of photographs with notations of identifying marks and physical characteristics. Record of basic personal data as obtained per contract facility policy and procedure and supplemented by the USM-129 form as provided by the appropriate USMS processing district. Assisting federal prisoners in notifying families of admission and procedures for mail and visiting. Schedules of food service, laundry, commissary and recreation Employment and educational opportunities, if any Procedures governing the control and safeguarding of federal prisoner personal property. Discipline policy will be discussed with each federal prisoner and the federal prisoner will sign for receipt of copies of the prohibited acts and rules and regulations. 1 Discussion of location of emergency exits and evacuation routes in case of fire or natural disaster. Federal Prisoner Personal Property Only the minimum amount of federal prisoner property is to be allowed 1 Upon admission to the facility, the federal prisoner's personal property shall be separated into property which can be.kept at the facility and property which shall be disposed of (sent home, given to federal prisoner's attorney, destroyed). The contractor is responsible for 1?46 MARCH 2015 mailing unauthorized property to an address designated by the federal prisoner. The federal prisoner is to wear clothing which shall be supplied by the contractor. The contractor shall store Clothing for court appearances supplied by the federal prisoner unless he is' indigent. Court clothes (suit, shirt, tie, shoes and socks), for indigent federal prisoners will be furnished by the contractor. All' personal clothing shall be cleaned or laundered prior to storage. 2 Prisoners in USMS custody are authorized to retain, in accordance with the established policy and procedures of the contractor, the following personal property while detained in the contract facility: a. A wedding ring if it is a plain band with no stones and is valued at less than $150.00. Prescribed medical devices artificial limbs, hearing aids? prescription glasses). Legal materials for active cases A religious medal which is of a size and weight which will pose no threat as a.potential weapon or escape device and is valued at less than $150.00. A watch if it is plain with no stones, and is valued at less than $150.00. Other property such as reading material, which is authorized by the contractor. g. The contractor is responsible, financially and otherwise for the proper disposition of a federal prisoner?s personal property when the prisoner is released or transferred from the contract facility. 3. Property not listed above in paragraph F.2 is considered excess federal prisoner personal property. Excess federal prisoner property is to be disposed of by the federal prisoner prior to the time that the prisoner is released or transferred from the contractor?s facility. The contractor will be responsible for proper disposal of the federal inmate?s personal property at no cost to the USMS. Excess federal prisoner property may be disposed of by: a. Mailing by certified mail, Federal Express or United Parcel Service or transferring with a written receipt to next of kin, the federal prisoner's attorney, or another individual designated by the federal prisoner. Mailing by certified mail, Federal Express or United Parcel Service or transferring the property to a_storage company to be stored at the federal prisoner's expense.? Arrangements for storage of property must be made by the federal prisoner or his attorney directly with a storage company. c. Obtaining a written authorization from the federal prisoner to donate the property to a charitable organization of the USMS's or the INS's choice or by destruction. 4 Property not disposed of, by means described in F.3, iS?tO be considered abandoned after 30 days and must be destroyed or donated by the contract facility. The contractor will document any such destruction or donation C-47 MARCH 2015 of abandoned federal prisoner preperty. Such documentation will contain at a minimum date, time, detailed description of any such property, by what means destroyed or to which organization donated (including name of person directly provided to): and the contractor staff who had handled such transaction. Any such documentation will be retained in the federal prisoner file retained by the contractor. Each federal prisoner is to read and sign a property receipt at the time of both intake and release/transfer out processing at the contract facility. An original of the form will be given to the federal prisoner and a copy will be retained in the federal prisoner file. Federal prisoners will complete mailing labels or property release forms for property which they may desire mailed/disposed of at the time of their release or transfer from the contract facility. If a federal inmate requests to have excess federal prisoner personal property mailed, such property must be placed in suitable mailing containers, furnished by the contractor and sealed by the federal prisoner. Searches The contractor shall conduct searches as required above in Chapter 6, Security and Control. Paragraph 0. Restraints The contractor shall maintain a sufficient quantity of the exact same restraints used by the USMS so that equipment can be traded at times when it is convenient to leave the federal prisoner in the restraints rather than remove one set and put another on him. Every federal prisoner shall leave the facility in handcuffs, waist chain, and leg irons every time. Only the blue or black box supplemental restraints are authorized for use by the USMS and shall be used by the contractor's correctional officers. I Release of Federal Prisoners Federal prisoners may not be released_from the contract facility or placed in the custody of state or local officials for any reason except for medical emergencies or upon written authorization via a Prisoner Tracking System (PTS) gener?ted remand/release form received via fax from the appropriate USMS district office which indicates a federal prisoner is to be released on bond. for time served, to be turned over to the INS, or other law enforcement agencies. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainees and then only with the written authorization and concurrence of the appropriate Phoenix or Tucson OPS SDUSM who has responsibility for the federal prisoner. CHAPTER 13 - FEDERAL PRISONER RIGHTS, RULES, DISCIPLINLLAND PRIVIIEGES A Discrimination Federal prisoners shall not be subjected to discrimination based on race, national origin, color, creed, sex, economic status or political belief. contractor shall ensure that all federal prisoners are assured equal opportunities to participate in all facility programs and all administrative decisions are made without discrimination. The contractor shall ensure that federal prisoners' civil rights are not violated. The MARCH 2015 Discipline The contractor shall ensure that all federal prisoner discipline is strictly administered in accordance with the contractor's Operations Manual and USMS policies. Religious Practice The contractor shall recognize the right of federal prisoners to practice the religion of their choice. Every reasonable effort shall be made by the detention center staff to facilitate the free practice of religion, limited only by legitimate security and operational considerations. All federal prisoners shall have access to religious resources, services, instruction or counseling on a voluntary basis. The contraCtor shall inform federal prisoners of opportunities available in religious programming by posting religious service schedules in the dorm/day room areas. This should not be construed, however, as requiring that the contractor provide religious services for each and every denomination represented in the federal prisoner population, but is intended to ensure that every federal prisoner has religious opportunities. Federal Prisoner Communication The contractor's Policy and procedures shall ensure an open channel of communication betWeen staff members and federal prisoners. The policy and procedures shall identify federal prisoner points of contact for problem identification and detail the contractor's internal system of resolution or referral to appropriate officials. Prohibited Conduct The contractor shall provide written rules of federal prisoner conduct, reviewed and approved by the USMS, which specify acts prohibited within the facility and penalties that may be imposed for various degrees of violation. These rules shall be provided to all federal prisoners, and procedures shall be in place for ensuring that all federal prisoners understand the rules. The contractor's written rules of federal prisoner conduct shall be reviewed at least annually and updated, as necessary, to ensure that the rules are consistent with USMS policy- Library The contractor will provide library services that, at a minimum, contain materials responsive to the interests and educational needs of the federal prisoners. The contractor shall also provide written policy and procedure to ensure federal prisoners have access to a law library. The library should contain a complete copy of Titles 8 and 18 of the 0.3. Code. Federal Prisoner Complaints The contractor shall provide plans, policies and procedures for documenting all federal prisoner complaints concerning food and other living conditions. The procedures shall require the contractor to investigate the complaints, determine if they have merit, propose corrective actions and prepare a report of the complaint and corrective action for the prisoner's file. Final approval of all corrective actions shall rest with the Warden. Records of the prisoners complaints and corrective action preposed will be maintained on site for inspection by the COTR. C-49 MARCH 2015 Recreation and Activities There will be no invcell television viewing for federal prisoners at the facility. Possession of in-cell coffee pots, hot plates, or heating elements is prohibited. Use or possession of electric or electronic musical instruments by federal prisoners is prohibited. The contractor shall provide written policy and procedures for recreational programs which address the federal prisoners use of indoor and outdoor recreation areas. The contractor shall assure federal prisoners are offered a minimum of one (1) hour per day of recreation. Gauge 14 soon SERVICE The contractor shall not use withholding of food as a means of discipline or punishment. A Certifications The contractor shall furnish documentation to the COTR, upon request, that a registered dietician or nutritionist has reviewed the menu and shall certify compliance with the dietary allowances published by the National Academy of Sciences. The documentation and certification shall be submitted with the contractor's initial technical proposal and at least annually thereafter. Preparation of the menu shall account for the cultural diversity and dynamics of the federal prisoner population. The menu shall be signed by the registered dietician or nutritionist indicating apprOVal of nutritional adequacy. Manus The contractor shall serve only meals that comply fully with the approved menu. The contractor shall prepare menu cycles or proposed menu changes seven days in advance of the next cycle or proposed implementation date. A minimum of twenty-one day cycle shall be used. The contractor shall document any substitutions or changes in the meals actually served on the menu. Such documentation shall be made available to the COTR upon request. C. Menus shall be evaluated at least by facility food service employees to verify adherence to the nationally recommended daily servings or servings as directed by the facility physician. A file of tested recipes adjusted to a yield appropriate for the size of the facility is to be maintained on the premises for review by the COTR upon request. Emergency Food Service Plan The contractor shall prepare all meals on?site. The contractor shall provide a written emergency food service plan to the COTR in the event of non- availability of meals at the facility. The contractor shall provide a separate room for meal preparation, servicing and handling of food which is utilized exclusively for this purpose. Meal Preparation Meal preparation shall emphasize food flavor, texture, temperature, appearance and palatability. Food should be served as soon as possible after preparation and at an appropriate temperature- The USMS reserves the right to monitor palatability, appearance, temperature and texture. C-SO MARCH 2015 Special Dietary Needs The contractor shall provide for special dietary needs as prescribed by appropriate medical/dental personnel or as directed by the COTR and, to the extent possible in compliance with the recognized religious or medical needs of the pepulation. Special diets should be kept as simple as possible and should conform as closely as possible to the foods served the other federal prisoners. Meal Service The contractor shall provide prisoners with three meals at regular meal times during each 24?hour period. No more than 14 hours will elapse between the evening meal and breakfast. A minimum diet in every 24?hour period must consist of the full number of servings which meet provisions of the recommended dietary allowance. Meal service shall be in accordance with the contractor's approved policy and procedure. Alternative Meals The contractor shall provide alternative meals for federal prisoners who are away from the facility because of court appearances, off site medical appointments, or transfer to another facility because of court appearances, off site medical appointments, or travel. The contractor shall provide sack lunches for federal prisoners awaiting appearances in the USMS cellblocks, or hold meals for those federal prisoners away from the facility during regularly scheduled mealtimes. The alternative meal must be nutritionally adequate to ensure good health. I Inspections The contractor shall ensure there are Weekly inspections of all food service areas, including dining and food preparation areas and equipment; 2 Sanitary temperature-controlled storage facilities for all foods; Daily checks of refrigerator and water temperature by administrative medical or dietary personnel; 4 Adequate loading/unloading_areas and garbage disposal facilities. The USMS may conduct sanitary inspections and product examinations at any time and at any location where food or'food products for this contract are processed, prepared, handled, stored, distributed from or served. The contractor shall supply the COTE, thirty (30) days after contract award, with a directory of all sources of supply, the time and date of receipt of raw materials, supplies, and schedules for food preparation and serving. Local Health Standards The contractor shall ensure that food service facilities, equipment, preparation and serving of meals as well as all cleanup and disposal meet all federal, state and local safety and health standards, as applicable, and that food service personnel comply with applicable health regulations. Supplies The contractor shall ensure that the supplies delivered under this contract comply with the Federal Food, Drug, and Cosmetic Act, Meat Inspection Act, and applicable regulations. This requirement shall apply regardless of whether or not the supplies have been shipped in interstate commerce. MARCH 2015 Livestock The contractor agrees that livestock products purchased for consumptio under this contract shall be purchased only from firms conforming to the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906]. Sampling The USMS may conduct, at its expense, laboratory sampling and analysis on any food, food product, or component thereof provided under this contract. Frequency of government verification laboratory testing shall be either on a lot by lot basis or skip lot basis. The intensity frequency sampling shall b: at the discretion of the COTR and of sufficient extent to assure the CO that the contractor is meeting all requirements. All government laboratory analysis shall be conducted in government or government approved laboratories with the exception that the Hobart Fat Percentage Measuring Kit, Model 101, may be used to determine the fat content of ground beef. Government verification laboratory analysis shall be conducted to determine product compliance and/or inadequacy of the contractor's laboratory testing procedures, results, or facilities. Samples taken by the COTR for testing shall be at the eXpense of the vendor. CHAPTER 15 PRISONER ACCOUNTS The contractor shall provide written plans, policy and procedures governing federal prisoner correspondence and mail, visitation and the use of telephones. A. Correspondence All regulations pertaining to federal prisoner correspondence shall be available to staff members and posted within federal prisoner living areas. Federal prisoners shall be permitted uncensored correspondence so long as such correspondence poses no threat to the safety and security of the institution, public officials, or the general public. The contractor shall ensure that all incoming and outgoing mail and correspondence is not held by any contractor staff for more than 24 hours. Postage There is to be no limitation on the volume of mail a federal prisoner may send or receive, except as provided in this paragraph. The contractor shall provide federal prisoners who are without funds, a specified postage allowance of two postage stamps per week for domestic first class letters 1 ounce or less. In addition, the contractor shall provide to federal prisoners who are without funds, unlimited postage allowance for attorney and court correspondence. Inspection of Mail The contractor shall provide written policy and procedure providing for the inspection of federal prisoner mail in the presence of the federal prisoner to intercept cash, checks, money orders, identify documents and contraband. Cash, checks or money orders shall be removed from incoming mail and credited to the federal prisoner's account. If contraband is discovered in either incoming or outgoing mail, it shall be confiscated and reported to the COTR within.4 hours ofqthe discovery. The contractor shall provide the COTR with a written report concerning the incident by the next business day. Only illegal items and items that threaten the security of the facility shall be considered contraband. MARCH 2015 X-ray Equipment The contractor shall provide X?ray equipment and a magnetometer to screen mail, deliveries, and visitors. Additionally, the contractor shall ensure that all personnel operating the screening equipment are properly trained. Visitation The contractor shall assure federal prisoners are not denied access to visitation with persons of their choice, except where the contractor reasonably believes that such visits jeopardize the security of the facilit or the safety of federal prisoners or visitors. Visitation shall be non- contact, in a room designed to meet non-contact visitation integrity. Legal counselors and religious advisers shall be allowed visiting privileges and accommodations. Any federal prisoner who is denied visitation rights and who has utilized the contract facility prisoner grievance procedure to challenge such a denial shall have the right to appeal that decision to the COTR. If a prisoner appeals this denial to the COTR, the contractor shall forward all written documentation involving the visitation denial to the COTR for review. Telephones The contractor shall provide a telephone system for inmates that is capable of accommodating both debit and collect telephone calls. The contractor's telephone system must permit prisoners to make international collect calls. All prisoners, to include those in the SHU, shall be permitted telephone privileges providing for a minimum of one call per month. The contractor shall establish procedures which permit inmates to make telephone calls in cases of emergency or indigence. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to all applicable federal, state and local telephone regulations. Any income received by the contractor as a result of inmate telephone calls _which is in excess of expenses incurred, to include refunds/rebates from carriers, shall offset the cost of this contract. The contractor shall retain copies of any contracts between the contractor and the inmate telephone system provider(s). The contractor shall retain copies of all documentation in support of any agreement that the contractor has regarding income, refunds, rebates and other monetary or non-monetary reimbursements involving the inmate telephone system. The contractor shall also retain copies of all invoices and other documentation of expenses incurred and income received in regards to the inmate telephone system with its request for contract payment and apply the'credit against the payment. The Contractor shall upon request of the CO submit, within 30 days, the above documentation that it is required to retain to the CO or other party (within the Government) that the CO shall designate. Fiscal Responsibility The contractor is fiscally responsible for all funds, valuables, and property under its control. Federal prisoner accounts, the commissary account, and any other accounts maintained by the contractor shall be audited at least annually by an independent Certified Public Accountant (CPA). A copy of the final annual audit report shall be provided to the COTR within five business days of completion. - MARCH 2015 Federal Prisoner Accounts A separate account shall be kept for each federal prisoner. No money shall be kept by individual federal prisoners. Prisoners are permitted to receive funds into their accounts from outside sources- A policy and procedure shall be in place whereby a federal prisoner can draw upon his funds for commissary purchases and to send money home. The contractor shall ensure that all prisoners who are scheduled for transfer or release are given all funds from their prisoner accounts immediately prior to transfer or release. If the prisoner will be traveling in the JPATS system the federal prisoner may only receive $50.00 in 0.5. currency. All other currency dispensed to prisoners traveling in the JPATS system must be in the form of a check or money order. The federal prisoner's check and money will be transported in a sealed see- through KAPAK plastic pouch with the amount and receipted signatures on an outside sticker attached to the pouch. All currency must be fanned and stapled for easy verification of amounts. It will be the contractor's responsibility to identify the location of any/all federal prisoners who have been released and/or transferred from the contract facility, and whose monies remain in the federal prisoner accounts. The contractor must pursue any/all means to locate the federal prisoner to ensure the prisoner's personal?monies are preperly returned. The contractor will retain and/all documentation of such endeavors in the federal prisoner file. The contractor must provide the COTR. upon request, supporting documentation for funds transfers to prisoners which includes, at a minimum, the prisoner?s name, register number, the location where the monies were sent and the amount of monies. Undeliverable federal prisoner funds must be maintained by the contractor until such time as the contractual relationship is terminated. The funds shall then be transferred along with a list of the amount due each federal prisoner, to the COTR. The contractor must have procedures in place which readily identifies if a federal inmate, who has monies still remaining in the federal prisoner account at the contract facility, is returned for further detention at the contract facility for any reason, so that the inmate will be reunited with such personal prisoner property or money. I Commissary The facility shall maintain and operate a commissary for the federa prisoners- The facility will establish and maintain strict operational and fiscal controls over the commissary. 2 All federal prisoners shall have the opportunity to purchase from the commissary a minimum of once a week unless security concerns at the facility dictate otherwise. An identification system will be utilized to ensure that purchases are not made by one prisoner but charged to another prisoners account. 4. All federal prisoners must be provided a receipt for all purchases 5 A federal prisoner will not be allowed to purchase in excess of $50.00 per week from the commissary or an amount in excess of his account balance. The commissary will maintain an inventory of items appropriate for the composition and character of the institution prisoner population. 0?54 MARCH 2015 Items for sale are not intended to supplement but to complement diet recreation, and medical care provided to inmates. 8 No tobacco products will be made available by the :ommissar 9 No product that bears or displays a warning label (flammable, toxic, 0: habit forming) may be sold without written approval of the appropriate safety officer, medical director and warden. 10 A list of items available at the commissary and the commissary procedures will be posted for all inmates to see and will be reviewed at least annually by the warden. 11 Any over the counter medications sold by the commissary will be approved by the facility medical director. 12 Any food or beverage item sold by the commissary will be approved by the facility dietician. I . The price of the items sold at the commissary will not exceed the suggested retail price. The commissary will maintain detailed logs and records of all prisone purchases made. 15 The commissary will maintain detailed logs and records of all items stocked in the commissary. The commissary will maintain detailed logs and records normal for the operation of a commissary in accordance with standard and accepted business practice's. 17 All commissary records and legs will be properly maintained i. a safe and secure environment 18 The commissary will establish a dispute resolution system to handle complaints concerning the commissary. 19 Federal prisoners will be permitted to receive funds from.outside sources. . 20 The facility will have a procedure in place to temporarily suspend an inmates commissary privileges if warranted after just cause and due process. 21 Procedures will be in place to allow prisoners who are out to court or unable to place or receive commissary orders to do so. 22 Procedures will be in place to allow indigent prisoners limited access to commissary privileges. A select limited amount of items and dollar value to be determined by the warden will be established and posted. Video Conferencing The contractor's facility shall contain a video conferencing station that will permit prisoners and their attorneys to communicate in a manner that will preserve the confidentiality of the attorney-client relationship. The contractor's video conferencing equipment shall c0mply with the following specifications: H.320, H.243, and T.120. The equipment must also be capable of operating at 30 frames per second at a transmission speed of greater than 336 and the equipment_must have dial MARCH 2015 up capability CHAPTER 16 LOGS, REPORTS A. General Requirements - Logs Records and Reports The contractor shall provide written plans, policies and procedures that describe the format and reporting criteria for all records and reports, including the following: 1 The contractor shall maintain all logs and records required to operate and document both the operational and personnel aspeCts of the facility and to comply with the requirements of this contract. All logs and records shall be maintained at the facility either in the control room housed in a safe such as ?Mosler? or equal type, or in locked cabinets located within a properly secured and controlled file room. The file room shall be located within the administrative area of the facility. 4 USMS officials shall have the right to inspect any and all records, upon demand, at any time during the term of the contract or thereafter as specified below. All reporting requirements contained within this contract shall comply with this paragraph. 6 The contractor shall not destroy any logs and records pertaining to this contract. At the completion or termination of this contract, the contractor shall turn over all logs and records as directed 1. .L;ng by the CO. - The contractor shall provide written policy and procedure governing record and report management including but not limited to the establishment, utilization, content privacy, security, preservation and transfer of records to DOJ. - Custody Records. The contractor shall maintain custody records on all federal prisoners assigned to the facility, that contain at a minimum: 1 Intake booking information (USM ?129 form); 2 Cash and property receipts; 3 Reports of disciplinary actions, incidents or crime(s) committed while in custody; 4 Release information; 5 Medical, Dental and Mental Health records; 6 Kytes and/or grievances denied and/or approved Daily Control Post Log The contractor shall maintain a daily control post log of all activities security checks, headcounts, and daily manifest. These reports shall be provided to the COTR upon request. MARCH 2015 After Incident Reports There shall be written policy and procedure requiring the contractor to provide detailed typed reports to the COTR or designee by the next business day of all incidents that result in physical harm to or threaten the safety, health, and welfare of any person in the facility, or that threaten the security of the facility. The decision to investigate any incident rests with the appropriate USMS District office. The contractor shall cooperate with the USMS in the review of all serious incidents. The USMS retains the right to determine what events constitute a serious incident. For general purposes of this section, a serious incident means any incident resulting in injury to a federal prisoner, contractor staff, or property damage to the facility. In the event it is necessary, in the judgment of the CO, to convene an independent after action review team to evaluate the causes and effects of any serious incident, the contractor shall pay all reasonable travel and other expenses incurred by the individuals (not to exceed five (5) persons) serving on the after action review team. Authorized Access There shall be written policy and procedure identifying those persons within the facility and other'authorized persons who have direct access to federal prisoner records. F, Daily Manifest. The contractor shall furnish to the COTR, upon request, a manifest of all federal prisoners currently detained in the facility.- The manifest shall contain the following information for each detained prisoner: USMS Register Number (system of numbering supplied by USMS District Office or sub?office received from. Name. Date of birth. Gender. Nationality. Date of arrival. 7 Number of days the federal prisoner has been in the facility music-newne- Freedom of Information Act/Privacy Act Documents Business and financial records maintained by the contractor for the general function of its business, and not maintained as a close and necessary adjunct of this contract are not covered by the Freedom of Information Act (FOIA) or the Privacy Act (PA). For example, personnel records of contractor employees are not governed by the provisions of the FOIA and the PA. Contract Completion/Termination At the completion or termination of,this contract, the contractor shall, upon written request of the USMS, turn over such federal prisoner records specified by the USMS. Prisoner records shall be in alphabetical order by last name, and all other records shall be provided in an orderly manner. CHAPTER 1'7 - TRANSITION PLANZOBLIGATION Prior to the conclusion of this contract it is anticipated that another service contract will be awarded- This may involve a large amount of effort to effect a smooth transition from the incumbent contractor to a new contractor. Where necessary, the incumbent contractor shall assist the new C-57 MARCH 2015 contractor with its obligations regarding prisoner transfers between contractor to contractor. This duty includes, but is not limited to transferring records, scheduling for prisoner movements, and all security up to the point of transfer. If it is not the incumbent, the new contractor shall be required to provide transportation, security and prisoner movement from the old facility(sl to the new facility(s) within Arizona. The contractor shall also perform any other services required for a smooth and safe transition. Note, should any prisoner(s) be located outside the Contract District, the USMS will be . responsible for transporting the prisoner(s) to a point within the Contract District. From that point, the Contractor? in accordance with Chapter 7 - Federal Prisoner Transportation and Guard Services, will be reaponsible to transport the prisoner(s) to the Contractors?s facility- All costs of transition are to be included in the contractor's daily per diem rate for housing of detainees. No separate Charges will be allowed for any transition expenses. . MARCH 2015 SECTION - PACKAGING AND MARKING 1. PAYMENT AND POSTAGE FEES All packaging, postage fees and payment related to submitting information, forms and reports, etc., to the Government Contracting Of?cer, Ordering Of?cer, Contracting O?icer's Technical Representative) shall be paid by the Contractor. 2. MARKING All information submitted to the Government shall clearly indicate the contract number and case number for which the information is being submitted. MARCH 2015 SECTION - INSPECTION AND ACCEPTANCE Z?i??si was; De?nitions. ?Services,? as used in this clause. Includes services performed, workmanship, and material furnished or utilized in the performance of services. The contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract- Complete records of all inspection work performed by the contractor shall be maintained and made available to the Government during contract performance and for as long a?erwards as the contract requires. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. If the Government performs inspections or tests on the premises of the contractor or a subcontractor, the contractor shall ?rrnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. If any of the services do not conform with contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defect in services cannot be corrected by reperformance, the Government may (1) require the contractor take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to re?ect the reduced value of the services performed. If the contractor fails to perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default. QUALITY CONTROL AND QUALITY ASSURANCE CONTRACTOR QUALITY CONTROL 1. Quality performance and quality control are contractor responsibilities. In accordance with FAR 52.246-4, Inspection of Services--Fixed?Price, the contractor shall establish and maintain a complete Quality Assurance Plan acceptable to the Contracting Of?cer to assure the requirements of this contract are provided as speci?ed. The required contents of the Quality Assuance Plan is located under Section C. MARCH 2015 2. A ?le of all inspections, inspection results and any corrective action required shall be maintained by the contractor through the term of this contract. This ?le shall be the property of the USMS and be made available to the upon request. The ?le shall be turned over to the C0 within 10 calendar days after completion or termination of the contract- GOVERNMENT QUALITY ASSURANCE a. In accordance with FAR clause 52246-4, each phase of the services rendered under this contract is subject to USMS inspection both during the contractor?s operations and after completion of tasks. When the contractor is advised of any unsatisfactory condition(s), the contractor shall submit a written report to the CO addressing corrective/preventative actions taken. b. The USMS may reduce the contractor?s invoice for unsatifactory performance. The USMS may apply various inspection and extrapolation techniques 100% surveillance, random sampling, planned sampling, unscheduled inspections, etc.) to determine the quality of services and the total payment due. c. Surveillance Schedule I) The Contractor is subject to periodic inspections of its facility by representatives of the U.S. Marshals Service or its designee at any time during the period of the contract. 2) The Government shall accomplish these inspections with announced and unannounced visits to the Contractor?s facility. E-3 FAILURE TO PERFORM REQUIRED SERVICES The rights of the USMS and remedies described in this section are in addition to all other rights and remedies set forth in this solicitation. Speci?cally, the Government reserves its rights under the Inspection of Services and Termination Clauses. Any reductions in the contractor?s invoice shall re?ect the contract?s reduced value resulting from the contractor?s failure to perform required services. The contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance MARCH 2015 SECTION - DELIVERIES OR PERFORMANCE DELIVERABLE ITEMS Deliverable CLINS required are speci?ed as to number, description, and quantity in SECTION - Supplies or Services and Prices/Costs. PERIOD OF PERFORMANCE The period of performance of this contract shall commence from either the contract award date or the effective date if other than the award date, as speci?ed in Section A of the award document, block 28 on Standard Form 33 or block 3 on Standard Form 26 and continue for a period of twelve (12) calendar months, thereafter. Actual performance of services, however, shall not commence until the date speci?ed in the delivery order. OPTION TO EXTEND THE PERIOD OF PERFORMANCE OF THE CONTRACT The Government shall have the unilateral option of extending or renewing this contract beyond the initial period for an additional periods of twelve (12) month duration, or less, each upon the same terms and conditions as are contained in this contract at the time said Option(s) is/are exercised, provided the Government noti?es the contractor of its intent to do so thirty (3 0) calendar days prior to the end of the contract term. The Government may extend the term of the contract for a period less than the full term of the Option while retaining its right to extend the term of the contract for the remaining term of the option or a portion thereof. If the option has a minimum guarantee, it shall be prorated for each extension less than the full term of the option. The Government may provide one preliminary notice for the ?ll] term of the option which shall be deemed as notice for any extension less than the full term of the option. If the Government exercises its option to extend the term of the contract, the contract, as renewed, shall be deemed to include the option provision. However, the total duration of this contract, including the exercise of any option(s) under this article, shall not extend beyond the number of years priced in SECTION B. The Contractor is cautioned that the exercise of the options is a Government prerogative, not a contractual right on the part of the Contractor. If the Government exercises the option(s) within the time frames prescribed herein, the Contractor shall be contractually bound to perform the services for the option period(s), or in the event he fails to perform, be subject to the termination for F-l MARCH 2015 SECTION DELIVERIES OR PERFORMANCE default provisions of this contract. The Government has the right to exercise the option within thirty (3 0) days after contract expiration. Such exercise shall not have e?ect unless the Contracting Of?cer has given preliminary written notice of an intent to exercise such option at least thirty (30) calendar days prior to the last day of the contract term. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Nov 1999) The Government may extend the term of this contract by written notice to the contractor within the period as set forth in paragraph of clause F-3 Option to Increase the Period of Performance of the Contract; provided, that the Government shall give the Contractor preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. SPECIAL PROVISIONS REGARDING FAR 52.217-8. Section I of this contract/solicitation includes the clause FAR 52.217-8. This clause applies to the period of time after the completion of the option in -3 above. In such a case where AR 52.217-8 is invoked, the rates shall be at the rates speci?ed in Section for the most recent option period exercised. FAR 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (APR 1984) If the Contractor fails to deliver the supplies or perform the services within the time speci?ed in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as ?xed, agreed, and liquidated damages, for each calendar day of delay, the sum of the following: - $25 per day/per prisoner, for each prisoner (as determined by the USMS) that would have been transferred to the Contractor?s facility (not to exceed the maximum number of prisoners set forth in section B- for no more than 14 F-2 MARCH 2015 SECTION - DELIVERIES OR PERFORMANCE calendar days); - and, at the option of the USMS, a one time assessment of either $240,000 or $480,000. The amount of $480,000 (which is two times $240,000) will be assessed if the contract is not terminated and it is required that the prisoners be transported back to the Contractor?s facility. The amount of $240,000 will be assessed if the contract is totally terminated for default and it is not necessary to transport the prisoners back to the contractor?s facility. Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default-Fixed-Price Supply and Service clause in this contract and in that event, the Contractor shall be liable for ?xed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause. (0) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arim out of causes beyond the control and without the fault or negligence of the Contractor as de?ned in the Default-Fixed?Price Supply and Service clause in this contract. Staf?ng Shortages. This contract is awarded with the assumption that the contractor will always maintain full staffmg levels as proposed in the contractors technical proposal. Staf?ng both as to levels and quality of staff are a very important consideration in the award of this contract and failure to maintain them are considered a serious de?ciency in contractor performance. Accordingly for each day the contractor fails to provide complete staf?ng the contract payment shall be reduced per the below: - The daily salary/wage rate (plus any applicable overhead and pro?t) of any un?lled staff position for the ?rst 30 days the position remains un?lled with a quali?ed person and twice the salary/wage for each day a?er 30 days. This represents the unquanti?able, but actual and potential damages suffered by the Government should the contractor fail to maintain an adequate staff. Complete staf?ng is required because of the potential for injury or death to detainees or contractor staff and the public when inadequate staf?ng is present and the potential, which is always present, increases as the staff coverage diminishes. FAR 52.242.15 STOP WORK ORDER (AUG 1989) FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) F-3 MARCH 2015 SECTION - CONTRACT ADMINISTRATION DATA G-l ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADIVIINISTRATION a. Contracting Officer (CO) CO has the overall and primary responsibility for the administration of this contract. CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements speci?cations, details and/or delivery schedules; make ?nal decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue ?nal decisions regarding contract questions or matters under dispute. C0 may delegate certain other responsibilities to an authorized representative. The name of the CO appears in block 26 of the award document. b. Ordering Of?cer (00) The CO will issue Master Task orders under the contract. These Master Task orders are funding documents only and do not represent actual orders for services. Actual orders for required services shall be accomplished with the issuance of sub-task orders at the District level by the ordering of?cer or designee. Sub-task orders shall be issued in writing using a USM 40 entitled ?Prisoner Remand or Order to Deliver Receipt for U.S. Prisoners?. The 00 is the CO's district level authorized representative. The following will be completed by the date of contract award: The designated ordering o?icer is: The 00 shall issue sub-task orders in accordance with all contract terms and conditions. The 00 does not have the authority to alter the Contractor's obligations under the contract, direct changes that fall within the purview of the General Provisions clause entitled "Changes" and/or modify any of the expressed terms, conditions, speci?cations, or cost of the agreement. If as result of any discussions it is desirable to alter/change contractual obligations the Contracting O??icer shall issue such changes in writing through a signed modi?cation of the contract. The 00 shall be designated after award. MARCH 2015 SECTION - CONTRACT ADMINISTRATION DATA CONTRACTING OF TECHNICAL REPRESENTATIVE (COTR) (JAN 1985) - JAR 2852-20140 1mm ofthe US. Marshals Service, District ofArizona, 405 w. Congress Street, Suite 2300, Tucson, AZ 85701-5021, is hereby designated to act as Contacting Of?cer?s Technical Representative (COTR) under this contract. The COTR is reaponsible as applicable for: receiving all deliverables; inSpecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clari?es the contract e??ort, ?lls in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of supplies or services furnished for payment. The COTR does not have the authority to alter the Contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, speci?cations, or cost of theagreement. If as result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Of?cer shall issue such changes. INTEREST ON OVERDUE PAYMENTS: 1. The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 3901 et seq.) is applicable to payments under this contract and requires the payment to Contractors of interest on overdue payments and improperly taken discounts. 2. Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act and the O?ice of Management and Budget Circular NOTE: Pursuant to the Act the Contractor may be entitled to an interest payment on an invoice that is not timely paid. Payment of interest is only permitted when: there is a contract with a business concern, any person or non-pro?t entity engaged in a profession, trade or business; Federal acceptance has occurred within seven (7) days after receipt; a proper invoice, one which contains the information required by the Invoice Requirements clause, has been received and there is no disputes over quality or quantity; and the designated payment of?ce paid the Contractor after the due date. In the event an invoice is Submitted which does not contain the required information, the Contractor will be so noti?ed. INVOICE REQUIREMENTS: (1). Contractor shall submit an original and two copies of the itemized invoice directly MARCH 2015 SECTION - CONTRACT ADMINISTRATION DATA to the following addressee: U.S. Marshals Service District of Arizona Attn: 405 W. Congress Street, Suite 2300 Tucson, AZ 85701?5021 (2). Invoices shall be prepared and an original and two copies submitted to the organization indicated unless otherwise Speci?ed herein. To constitute a proper invoice, each invoice shall be annotated with the following information: the name and address of the business concern and the invoice date; (ii) the contract and delivery order number; a description, and the quantity of supplies or services furnished, as well as their associated contract line item number(s); (iv) shipping and payment terms; the name, title, telephone number and complete mailing address of the responsible of?cial to whom payment is to be sent; (vi) the name, title, telephone number and mailing address of person to be noti?ed in event of a defective invoice; (vii) tax payer identi?cation number (TIN) (usually Social Security Number if the contractor is an individual or Employer Identi?cation Number if a company); and any other information or documentation required by other requirements of the delivery/purchase order. (3). To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice: the requisition number and accounting information as speci?ed on the ?rst page of the contract or delivery order; and (ii) the date delivery occurred or the period over which services were provided. PRIVACY ACT NOTICE: Mandatory Disclosures, Authority, Purposes, and Uses Disclosure of your taXpayer identi?cation number is mandatory for Federal income tax purposes under the authority of 26 U.S.C., Section 6011 and 6109(d) and 26 CFR 301 .6109?1, in order to ensure the accuracy of income computation by the Internal Revenue Service. This information will be used to identify individuals compensated by funds of the Department of Justice, United States Marshals Service (USMS). Failure to provide this information may result in delay of your compensation and/or withholding and transmission to the Internal Revenue Service of 20 percent of the total payment. Information on this form may be provided to the Internal Revenue Service on Form 1099. AUTHORIZED USER OF CONTRACT SERVICES G-3 MARCH 2015 SECTION - CONTRACT ADMINISTRATION DATA The INS and BOP are hereby authorized to use the contract for detention services for male and female prisoners at the prices listed in Section B. The INS and BOP shall issue their own task orders against the contract. The contractor shall bill INS and BOP directly and each respective agency shall be responsible for payment of all invoices directly to the contractor. The INS and BOP shall provide the CO and the COTR a copy of all task orders issued to the contractor under this contract The contractor agrees to release federal detainees only to law enforcement of?cers of agencies initially committing the prisoner or to a Deputy U.S. Marshal. Orders issued by BOP and INS will be added by the contractor to USMS orders against the contract for the purposes of meeting the minimum guarantee. Each Contractor invoice shall include an attachment detailing the amounts ordered during the invoice period. MARCH 2015 SECTION SPECIAL CONTRACT REQUIREMENTS NOTICE TO THE GOVERNMENT OF DELAYS In the event the Contractor encounters dif?culty in meeting performance requirements, or when he anticipates di?iculty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Of?cer and the COTR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule date, or any rights or remedies provided by law or under this contract. H-2 SUBCONTRACTING RESTRICTION Except as speci?cally approved in writing, in advance by the Contracting Of?cer, the Contractor shall not subcontract any work procured hereunder. It is contemplated that approval will be given for subcontracting certain phases of the work when, in the opinion of the COTR and the Contracting Of?cer, such subcontracting will not adversely affect the quality of delivery of the ?nal product nor the dif?culty or cost of inspection and testing. Requests for approval to subcontract shall be submitted, in writing, to the Contracting Of?cer. CONTRACTOR MANAGEMENT RESPONSIBILITY The Contractor shall appoint a Supervisor/Manager and alternate who will be the Contractor? Authorized Representative, available (via beeper or telephone) 24 hours a day, for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall ?ow. The Supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COTR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to ful?ll the tasks assigned under this contract shall be the responsibility of the Contractor. INDEMNIFICATION I. Responsibility for Government Property. a. The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts, while in H?l MARCH 2015 0 SECTION - SPECIAL CONTRACT REQUIREMENTS his custody and care for storage, delivery, repair, or service to be performed under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor. 1. If due to the fault, or negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled pmperty is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage. If any Government-owned or controlled property is lost or damaged as a result of the Contractor?s performance of this contract, the Contractor shall be responsible to the Government for such loss or damage. 11. Hold Harmless and Indemni?cation Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and all costs claimed by any person or persons for loss or damage to any Contractor pmperty or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or negligent omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor, except for the negligent acts or negligent omissions of the Government, its employees, agents or representatives. Government's Right of Recovery. Nothing in the above paragraphs shall be considered to preclude the Government from receiving the bene?ts of any insurance the Contractor may carry which provides for the indemni?cation of any loss or destruction of, or damage to property in the custody and care of the Contractor, where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon request of the Contracting Of?cer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS execution of instruments of assignment in favor of the Government) in obtaining recovery. IV. Government Liability. The Government shall not be liable for any injury to the Contractor?s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claim Act, or pursuant to other Federal Statutory Authority. H-S INSURANCE COVERAGE All policies must be of the standard form of coverage as ?led with and approved by the Commissioner of Insurance for the State in which the facility is located, and shall meet the requirements of the USMS, if any. All liability policies must provide payment on an occurrence basis. 1. Legal costs are not to be charged against the policy limits. 2. The and its agency, the USMS must be named as co?insureds and entitled to all notices under all insurance policies covering claims that may arise out of or result from the contract. 3. The USMS must be named as a co-insured and entitled to all notices under all insurance policies covering claims that may arise out of or result from the contract. 4. The contractor shall require all subcontractors to obtain, maintain, and keep in force insurance coverage in accordance with accepted industry standards and terms of the contract during the time they are engaged by the contractor. 5. Insurance must be provided by companies authorized to do business in the State of in which the facility is located, having a Best?s Rating of A?or better, and a ?nancial size of ?Class or better in the latest edition of Best?s Insurance Reports, or as otherwise approved by the State in which the facility is located. 6. With reSpect to the total limits of liability requested, any combination of primary and/or umbrella coverage may satisfy these totals. However, if an umbrella is used, coverage must be at least as broad as the primary coverage. 7. The limits required by the USMS are the minimum limits acceptable. These limits are [1?3 MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS not to be construed as being the maximum a contractor may purchase for its own bene?t and the bene?t of the USMS. 8. The Contractor shall procure and maintain at his expense during the entire period of performance under this contract adequate insurance at least to the following minimum limits: If the Contractor has or obtains primary and umbrella excess policies, there shall be no gap between them. i a. Workers? compensation insurance in an amount required by the law of the state in which the facility is located for all employees of the contractor; b. General liability insurance in an amount not less than two million dollars ($2,000,000) for each occurrence with an aggregate of at least ?ve million dollars Coverage should be extended to include civil rights violations, which will include all claims brought by any persons based in whole or in part of alleged violation of the United States Constitution or the constitution of the state in which the facility is located, statutes, or regulations. Coverage shall include medical and professional liability for employed nurses, doctors, attorneys, counselors, and/or social workers. Coverage will include unlimited defense coverage in addition to limits of liability; c. Automobile and other vehicle liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence. Insurance is to be provided under a business auto form; and (1. Insurance in an amount not less than $50,000 covering instances of employee dishonesty. e. Each liability policy shall include the following provision: "It is a condition of this policy that the company shall furnish written notice to the Department of Justice, in care of the issuing of?ce, thirty (30) days in advance 'of any reduction in or cancellation of this policy." f. Insurance shall be e?'ective throughout the term of the contract. Upon request, the Contractor shall furnish the Contracting Of?cer as evidence of required insurance, certi?ed true copies of liability policies and manually countersigned endorsements of any changes thereto. Renewal policies or binders of insurance shall be fumished not less than ?ve (5) days prior to the expiration of current policies. Offerors must provide proof of insurance with their proposal. MARCH 2015 SECTION II - SPECIAL CONTRACT REQUIREMENTS WAGE DETERMINATION "Wage determinations as re?ected in Attachment in Section (Wage Determination) are applicable to employees who will be employed in the performance of this contract. Contractor employees assigned to labor categories listed in the Wage Determination must be paid no less than the minimum monetary wage and furnished ?inge bene?ts as shown therein. This determination was issued under the provisions of the McNamara-O'Hara Service Contract Act (79 Stat. 1034), and in accordance with Part 4-3 of 29 CFR Part 4. Contractor employees, other than employees exempt from the Act, which are assigned to Labor categories not listed in the attached Wage Determination, shall be paid a wage which has been determined by the Contractor, Contracting O?icer, and Contract employees to be in conformance with the wages set forth in said Wage Determination". The contractor shall follow the conformance procedures speci?ed in FAR 52.222-41 paragraph (c)2 for any employee(s) not listed in the wage determination. ORGANIZATIONAL CONFLICTS OF INTEREST - GENERAL a. The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational con?ict of interest as de?ned in paragraph B. below. b. The term "organizational con?ict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry?s standpoint in that unfair competitive advantages mayaccrue to the Contractor in question. c. The Contractor agrees that, if after award he discovers an organizational con?ict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting O??icer which shall include a description of the action which the Contractor has taken or preposes to take to avoid, eliminate or neutralize the con?ict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government. d. In the event that the Contractor was aware of organizational con?icts of interest prior to the award of this contract and intentionally did not disclose the con?ict to the Contracting Of?cer, the Government may terminate the contract at no cost to MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS the Government. AVAILABILITY OF FUNDS FOR VARIATION IN QUANTITY a. Funds obligated in any Order issued hereunder shall represent the amount of funds then available for payment for performance of services in the quantities and at the unit prices Speci?ed therein. The quantities set forth in the Order are based upon the Government's best estimate of the number of each line item necessary to provide the coverage desired. b. When the Contractor has incurred cumulative unit charges of 70% of the total obligated funds shown on the Order, he shall furnish a written noti?cation of the total units completed for each line item as de?ned in the Description of Items/Prices. Such noti?cation shall also set forth the Contractor's estimate of the balance of units for each uncompleted line item to be delivered or performed. c. If upon receipt of the Conn-actor's noti?cation, the Government should determine that the obligation of ?mds is insu?icient to compensate the Contractor for completion due to an inconsistency in the quantities contractually speci?ed and those which materialize, and (2) there are not suf?cient additional funds available to compensate for all or any part of such additional quantities, then the Contractor shall perform services only for those quantities for which payment can be made within the then current total obligation of funds. Should the Government ascertain that additional funds are available, the Contracting Of?cer shall modify the Order to increase the amount of funds and quantities set forth therein. In such event, the Contract shall make deliveries for any and all line items and quantities covered by the Order, as modi?ed in accordance with the foregoing. RESTRICTIONS ON THE POST EMPLOYMENT ACTIVITIES OF GOVERNMENT PERSONNEL Provisions of 18 U.S.C. Section 207 and 41 U.S.C. Section 423 impose certain restrictions on post-employment activities of former Government personnel. Therefore, prior to any employment of such personnel, Contractor shall provide a statement concerning employment of former Government employees. The statement shall include the following information at a minimum. 1. Provide the last date of Government service, and the employing agency and location of the Government employment. 2. Statement of the individual?s participation, if any, in prior procurement actions H-6 MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS concerning the subject of this contract. LICENSES The Contractor shall secure and maintain in a current status all required licenses and permits applicable to the lawful functioning within the facility location. In so doing, the Contractor shall furnish evidence of all licenses and permits (state and/or local) authorizing the company to provide all required services within that state and/or local, or evidence of application for same, within 14 days after request by the Contracting Of?cer. Failure to obtain a license shall be censidered as a responsibility factor and will be grounds for termination under the Default Clause of this contract. H?ll SUBSTITUTION OF PERSONNEL The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to ?ll?ll the requirements of the contract. No substitution shall be made without prior noti?cation to an concurrence of the Contracting Of?cer in accordance with this requirement. All proposed substitutes shall have quali?cations equal to or higher than the quali?cations of the person to be replaced. The Contracting Of?cer shall be noti?ed in writing of any preposed substitution at least forty-?ve (45) days in advance of the proposed substitution. Such noti?cation shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Of?cer toenable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award. H-12 SPECIAL PROVISION REGARDING MINIMUM GUARANTEE If, for any reason during performance of the contract, the Contractor becomes unable to Operate the detention facility in accordance with the solicitation and resulting contract, at a minimum, the minimum guarantee shall be reduced proportionately for each day the services are not provided if the minimum guarantee was calculated on a one year period and the facility was inOperable by one day the total yearly minimum guarantee would be reduced by 1/365 or 1/366 if it was a leap year). Should the facility be partially inoperable, for any reason, during the performance of the contract, the minimum guarantee should be reduced based upon the reduction in capacity. This reduction shall H-7 MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS be calculated as follows: For each prisoner capacity that is not available on any single day, the minimum guarantee will be reduced by 1 multiplied by the proportion of the total facility capacity that the USMS contract represents times the prisoner daily rate. For example if during the 1?1 year of contract performance on a single day only 45 cells which normally housed 50 prisoners were inoperable, where the total facility capacity was 1,000 and the USMS contract was for a maximum of 500 cell, and there were no other days during which the facility was not wholly operational, the minimum guarantee would now be reduced by an amount equal to 50 (500/1 ,000) price per day/per prisoner for CLIN 001. Note, however short term unavailability resulting from normal ongoing maintenance operations does not cause a reduction in the minimum guarantee so long as it does not result in the contractor having to refuse to take prisoners where the total of existing prisoners plus refused prisoners does not exceed the total contract maximum. This does not preclude the Government?s rights under the Inspection of Services and Termination Clauses contained in this contract. Examples includebut are not limited to prison disturbances and riots. LITIGATION. In awarding the contract, the USMS does not assume any liability to third parties, nor will the USMS reimburse the contractor for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the contract or any subcontract under this contract. The contractor shall be reSponsible for all litigation brought against it or its employees for alleged acts or emissions by it or its employees- The contractor shall notify in writing and provide to the USMS Of?ce of General Counsel copies of all litigation ?led against the contractor, or its employees 01' agents, by detainees in its care within ?ve (5) working days. The contractor shall cooperate with the USMS legal staff regarding any requests pertaining to the USMS or contractor litigation within a reasonable period of time. 1-1-14 YEAR 2000 WARRANTY The Contractor represents that the following warranty applies to products provided under this contract The Contractor warrants that the products provided under this contract shall be able to accurately process date/time data (including, but not limited, to calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-?rst centuries, and the years 1999 and 2000 and leap year calculations. The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as de?ned in, and subject to, the terms and limitations of the manufacturer?s MARCH 2015 SECTION - SPECIAL CONTRACT REQUIREMENTS standard commercial warranty or warranties contained in this contract or the applicable End User License Agreement, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedy available to the Government under this warranty shall include an obligation by the Contractor to repair or replace any such product whose non-compliance is discovered and made known to the contractor in writing at any time prior to June 1, 2000 or for a period of six months following acceptance, whichever is the later date. Nothing in this warranty shall be construed to limit any rights or remedies that the Government may otherwise have under this contract. This warranty shall not apply to products that do not require the processing of dateltime data in order to function as speci?ed in this contract. MARCH 2015 SECTION I STANDARD FEDERAL ACQUISITION REGULATION CLAUSES A. CLAUSES INCORPORATED BY REFERENCE 1 2. . FAR 52.202-1 FAR 52.203-3 . FAR 52.203?5 . FAR 52.203-6 . FAR 52.203-7 . FAR 52.203-8 . FAR 52.203-10 . FAR 52.203-12 . FAR 52.204-4 10. FAR 52.209-6 1 12. FAR 52.215-10 1. FAR 52215-2 13. FAR 52.215-8 14. FAR 52.215?12 DEFINITIONS (OCT 1995) GRATUITIES (APR 1984) COVENANT AGAINST CONTINGENT FEES (APR 1984) RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) ANTI-KICKBACK PROCEDURES (JUL 1995) CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) PRICE OF FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) LIMITATION ON PAYMENT TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUNE 1997) DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996) PROTECTING THE GOVERNMENTS INTEREST WHEN SUB- CONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) AUDIT AND RECORDS (JUNE 1999) PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997) ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) MARCH 2015 15. FAR 52.215-19 l6. FAR 52.217?8 l7. FAR 52.2194 18. FAR 52.219?8 l9. FAR 52.219-9 20. FAR 52.219-16 21. FAR 52.222-1 22. FAR 52.222-3 23. FAR 52.222-04 24. FAR 52.222-26 25. FAR 52.222-24 26. FAR 52.222?35 27. FAR 52.222-36 28. FAR 52.222-37 29. FAR 52.222?41 30. AR52.222-43 31. FAR 52.223-2 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) OPTION T0 EXTEND SERVICES (NOV 1999) NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 1999) SMALL BUSINESS SUBCONTRACTING PLAN (OCT 1999) LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999) NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) CONVICT LABOR (AUG 1996) CONTRACT WORK HOURS SAFETY STANDARDS ACT- OVERTIME COMPENSATION (JUL 1995) EQUAL OPPORTUNITY (FEB 1999) PREAWARD EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1998) AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1993) EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) SERVICE CONTRACT ACT OF 1965, AS ANIENDED (MAY 1989) FAIR LABOR STANDARDS ACTAND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 1989) CLEAN AIR AND WATER (APR 1984) MARCH 2015 32. FAR 52.223-3 33. FAR 52.223-6 34. FAR 52.223-10 35. FAR 52.223-14 36. FAR 52.224-1 37. FAR 52.224-2 38. FAR 52.225?11 39. FAR 52.2264 40. FAR 52.227?1 41. FAR 52.227-2 42. FAR 52227-3 43. FAR 52229-3 44. FAR 52.229-5 45. FAR 52230-2 46. FAR 52232-1 47. FAR 52.232?8 48. FAR 52.232-1 49. FAR 52.232?15 50. FAR 52.232?17 51. FAR 52.232-18 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) DRUG FREE WORKPLACE (JAN 1997) WASTE REDUCTION PROGRAM (OCT 1997) TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) PRIVACY ACT NOTIFICATION (APR 1934) PRIVACY ACT (APR 1934) RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (AUG 1998) UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN OWNED ECONOMIC ENTERPRISES (MAY 1999) AUTHORIZATION AND CONSENT (JUL 1995) NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) PATENT INDEMNITY (APR 1984) FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) TAXES - CONTRACTS PERFORMED IN US. POSSESSIONS OR PUERTO RICO (APR 1984) COST ACCOUNTING STANDARDS (APR 1998) PAYMENTS (APR 1984) DISCOUNTS FOR PROMPT PAYMENTS (MAY 1997) EXTRAS (APR 1934) PROGRESS PAYMENT NOT INCLUDED (APR 1984) INTEREST (JUN 1996) AVAILABILITY OF FUNDS (APR 1984) 12-3 MARCH 2015 52. FAR 52.232?19 53. FAR 52.232-23 54. FAR 52.232-25 55. FAR 52.232?33 56. FAR 52.2334 57. FAR 52233?3 58. FAR 52.237?3 59. FAR 52.242-13 60. FAR 52243-1 61. FAR 52.244-2 62. FAR 52.246-25 63. FAR 52248-1 64. FAR 52.249-2 65. FAR 52.249-8 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Insert in both blanks: September 30 of current ?scal year" ASSIGNMENT OF CLAIMS (JAN 1986) PROMPT PAYMENT (JUNE 1997) PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) DISPUTES (DEC 1998) - ALTERNATE I (DEC 1991) PROTEST AFTER AWARD (AUG 1996) CONTINUITY OF SERVICES (JAN 1991) BANKRUPTCY (JUL 1995) CHANGES-FIXED PRICE (AUG 1987) ALT 1 (APR 1984) SUBCONTRACTS (F CONTRACTS) (AUG 1998) LINIITATION OF LIABILITY - SERVICES (FEB 1997) VALUE ENGINEERING (NOV 1999) TERMINATION FOR CONVENIENCE OF THE GOVERNMENT FIXED PRICE (SEP 1996) DEFAULT (FIXED PRICE SUPPLY AND SERVICEXAPR 1984) B. FULL TEXT CLAUSES 65. FAR 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Of?cer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: MARCH 2015 66. FAR 52.216-18 ORDERING (OCT 1995); Any supplies and services to be furnished under this contract shall be ordered by - issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may he issued from date of contract award through date of contract expiration. All delivery orders or tasks are subject to the terms and conditions of this contract. In the event of con?ict between a delivery order or task order and this contract, the contract shall control. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 67. FAR 52.216?19 ORDER LIMITATIONS (OCT 1995) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than No minimum order limitation, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. Maximum Order. The contractor is not obligated to honor: i. Any order for a single item in excess of the maximum facility capacity speci?ed in Section B. ii. Any order for a combination of items in excess of the maximum facility capacity as speci?ed in Section B. A series of orders from the same ordering of?ce within seven days that together call for quantities exceeding the limitation in subparagraphs or (ii) above. If this is a requirements contract includes the Requirements clause at subsection 52.216?21 of the Federal Acquisition Regulation (F the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph above. Notwithstanding paragraphs and of this section, the Contractor shall MARCH 2015 honor any order exceeding the maximum order limitations in paragraph unless that order (or orders) is returned to the ordering of?ce within 7 days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 68. FAR 52.216-22 INDEFINITE QUANTITY (Oct 1995) This is an inde?nite-quantity contract for the supplies or services speci?ed, and effective for the period stated, in the Schedule. The quantities of supplies and services speci?ed in the Schedule are estimates only and are not purchased by this contract. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services speci?ed in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule ~as the "minimum." Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time speci?ed in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract;'s effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after two months from the expiration of the contract. 69. PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAR 2852.233-70) (JAN 1993) The following de?nitions apply in this provision: (1) ?Agency Protest O?icial? means the o?icial, other than the Contracting Of?cer, designated to review and decide procurement protests ?led with a contracting activity of MARCH 2015 the Department of Justice. (2) ?Deciding O?icial? means the person chosen by the protester to decide the agency protest; it may be either the Contracting Of?cer or the Agency Protest Of?cial. (3) ?Interested Party? means an actual or prosPective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. A protest ?led directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be ?led with the Contracting Of?cer. (3) State whether the protester chooses to have the Contracting Of?cer or the Agency Protest Official decide the protest. If the protester is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protester prefers to make an oral or written presentation of arguments in support of the protest to the deciding of?cial. (5) Include the information required by FAR Name, address, facsimile number and telephone number of the protester. (ii) Solicitation or contact number. Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester. (iv) Copies of relevant documents. Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protester is an interested party for the purpose of ?ling a protest. All information establishing the timeliness of the protest. An interested party ?ling a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Of?cial decide the protest. The decision by the Agency Protest Of?cial is an alternative to a decision by the Contracting Of?cer. The Agency Protest Of?cial will not consider appeals from the Contracting Of?cer?s decision on an agency protest. The deciding of?cial must conduct a scheduling conference with the protester within ?ve (5) days after the protest is ?led. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the pretest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding of?cial. The protester has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding of?cial MARCH 2015 may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practical. An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. The Department of Justice will stay award or suspend contract performance in accordance with AR 33.1036). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. 0) The deciding of?cial will make a best effort to issue a decision on the protest within twenty (20) days after the ?ling date. The decision may be oral or written. The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is ?led with a protest forum outside the Department of Justice. MARCH 2015 SECTION LIST OF ATTACHIVIENTS ATTACHMENT Number of Pages A. DEPARTMENT OF LABOR WAGE DETERMINATION 8 1994-2023, Rev. 24, June 5, 2002 B. QUESTIONNAIRE FOR PUBLIC TRUST POSITIONS I 1 C. Federal Prisoner?s Preperty Receipt D. Record of Prisoner Medical/Hospital Expenses E. SF 87A Fingerprint 2 F. USMS Core Detention Standards 12 Incentives H. 25 USMS Policy Statement - Use of Deadly Force/Commentary Regarding the Use of Deadly Force 2 3 Background Check Procedures and Adjudication Guidelines Employment Vouchering Form 4 K. Prisoner Medical Formulary 4 L. BOP Program Statement 5251.05 ?Work and Performance Pay Program for Inmates? 13 M. BOP Operations Memorandum 128-90(5251) 1 N. National Environmental Policy Act Requirements 24 National Environmental Policy Act Requirements 12 0. INS Core Detention Standards MARCH 2015 Attachment A MARCH 2015 . 94?2023 . 06/04/02 OFFICIAL USE ONLY BY FEDERAL AGENCIES PARTICIPATING IN MOU WITH I WASHINGTON D.C. 20210 . Wage Determination No.: 1994-2023 William W.Gross Division of I Revision No.: 24 Director Wage Determinations! Date Of Last Revision: 05/29/2002 State: Arizona Area: Arizona Counties of Apache, Coconino, Gila, Maricopa, Navajo, Pinal, Yavapai **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION TITLE MINIMUM WAGE RATE Administrative Support and Clerical Occupations Accounting Clerk I 9.42 Accounting Clerk II 10.38 Accounting Clerk 11.83 Accounting Clerk IV 14.23 Court Reporter 12-54 Dispatcher, Motor Vehicle 12.54 Document Preparation Clerk 10.63 Duplicating Machine Operator 9.69 Film/Tape Librarian . 11.47 General Clerk I 7.94 General Clerk II 9.28 General Clerk 10.12 General Clerk IV 12.04 Housing Referral Assistant 15.26 Key Entry Operator I 9.07 Key Entry Operator II 10.20 Messenger (Courier) 8.43 Order Clerk I 8.81 Order Clerk 12.28 Personnel Assistant (Employment) I 10.20 Personnel Assistant (Employment) II 12.63 Personnel Assistant (Employment) 14.20 Personnel Assistant (Employment) IV 15.84 Production Control Clerk 13.87 Rental Clerk 11.47 Scheduler, Maintenance 12.62 11.64 Secretary I Secretary II 13.79 Secretary 15.26 Secretary IV 17.64 21.67 Secretary Service Order Dispatcher 10.95 Stenographer I 9.69 Stenographer II 10.89 17.56 Supply Technician Survey Worker (Interviewer) 12.54_ Switchboard Operator-Receptionist 10.66 Test Examiner 13.79 Test Proctor 13-79 10.36 Travel Clerk I Travel Clerk II . 11.19 Travel Clerk I 12-02 Word Processor I 10.93 12.48 Word Processor II MARCH 2015 Word Processor 13.86 Automatic Data Processing Occupations 7 Computer Data Librarian 12.16 Computer Operator I 9.57 Computer Operator II 12.11 Computer Operator 14.34 Computer Operator IV 17.31 Computer Operator A 18.88 Computer Programmer I (1) 17.26 Computer Programmer II (1) 20.56 Computer Programmer (1) 23.89 Computer Programmer IV (1) 27.62 Computer Systems Analyst I (1) a 23.12 Computer Systems Analyst II (1) 27.22 Computer Systems Analyst (1) 27.62 Peripheral Equipment Operator - 11.05 Automotive Service Occupations Automotive Body Repairer, Fiberglass 17.37 Automotive Glass Installer 15.63 Automotive Worker 15.63 Electrician, Automotive 16.34 Mobile Equipment Servicer 13.37 Motor Equipment Metal Mechanic 18.25 15.78 Motor Equipment Metal Worker Motor Vehicle Mechanic 17.37 Motor Vehicle Mechanic Helper 12.16 Motor Vehicle Upholstery Worker 14.59 Motor Vehicle Wrecker 15.78 Painter, Automotive 17.80 Radiator Repair Specialist 15.76 Tire Repairer 12.92 Transmission Repair Specialist 17.37 Food Preparation and Service Occupations Baker 7 11.30 Cook I 9.77 Cook II 11.30 Dishwasher 7.33 Food Service Worker 7.23 Meat Cutter 13.37 Waiter/Waitress 7.22 Furniture Maintenance and Repair Occupations Electrostatic Spray Painter 16.50 FUrniture Handler 10.88 Furniture Refinisher 16.50 Furniture Refinisher Helper 12.16 Furniture Repairer, Minor 14.59 Upholsterer 16.50 General Services and Support Occupations Cleaner, Vehicles 7.21 ElevatOr Operator 8.06 Gardener 11.52 House Keeping Aid I 6.99 House Keeping Aid II 8.06 Janitor . 8.06 Laborer, Grounds Maintenance 8.34 Maid or Houseman 6.94 Pest Controller 12.70 Refuse Collector 8.06 Tractor Operator 10.52 Window Cleaner 9.13 Health Occupations Dental Assistant 11-21 Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver 10.93 Licensed Practical Nurse I ig-gg Licensed Practical Nurse II MARCH 2015 . Licensed Practical Nurse 16.89 Medical Assistant 9.92 Medical Laboratory Technician 12.50 Medical Record Clerk 11.70 Medical Record Technician 15.57 Nursing Assistant I 7.87 Nursing Assistant II 8.84 Nursing Assistant 9,32 Nursing Assistant IV 10.48 Pharmacy Technician 12.19 Phlebotomist 10.64 Registered Nurse I 17.28 Registered Nurse II a 21.15 Registered Nurse II, Specialist 21.15 Registered Nurse 25.59 Registered Nurse Anesthetist 25.59 Registered Nurse IV 30.65 Information and Arts Occupations Audiovisual Librarian . 17.64 Exhibits Specialist I 15.53 Exhibits Specialist II . 19.16 Exhibits Specialist 23.37 Illustrator I 17.08 Illustrator II 21.07 Illustrator 25.70 Librarian 20.22 Library Technician 12.08 Photographer I 13.50 Photographer II 15.56 Photographer 19.20 Photographer IV 23-42 28.41 Photographer Laundry, Dry Cleaning, Pressing and Related Occupations Assembler 7.64 Counter Attendant 7.64 Dry Cleaner 7.91 Finisher, Flatwork, Machine 7.64 Presser, Hand 7.64 Presser, Machine, 7.65 Presser, Machine, Shirts 7.64 Presser, Machine, Wearing Apparel, Laundry 7.64 Sewing Machine Operator 8.82 Tailor 9.87 Washer, Machine 8.20 Machine Tool Operation and Repair Occupations Machine?Tool Operator (Toolroom) 16.74 Tool and Die Maker 22.78 Material Handling and Packing Occupations Forklift Operator 12.27 Fuel Distribution System Operator 13.37 Material Coordinator 14.72 Material Expediter 14.72 Material Handling Laborer 10.62 Order Filler 10.28 Production Line Worker (Food Processing) 10.78 Shipping Packer 11.12 Shipping/Receiving Clerk 11.98 Stock?Clerk (Shelf Stocker; Store Worker II) 11-05 Store Worker I 8.00 Tools and Parts Attendant 12.73 Warehouse Specialist 12.73 Mechanics and Maintenance and Repair Occupations Aircraft Mechanic 19.02 Aircraft Mechanic Helper Aircraft Quality Control Inspector MARCH 2015 Aircraft Servicer 15.98 Aircraft Worker 17.11 Appliance Mechanic 16.50 Bicycle Repairer 12.92 Cable Splicer 19.98 Carpenter, Maintenance 16.50 Carpet Layer 15.63 Electrician, Maintenance 19.99 Electronics Technician, Maintenance I 11.53 Electronics Technician, Maintenance II 19.51 Electronics Technician, Maintenance 21.46 Fabric Worker 14.59 Fire Alarm System Mechanic 3 17.37 Fire Extinguisher Repairer 14.71 Fuel Distribution System Mechanic 19.11 General Maintenance Worker 15.63 Heating, Refrigeration and Air Conditioning Mechanic 17.37 Heavy Equipment Mechanic 16-63 Heavy Equipment Operator 17.34 Instrument Mechanic 19.98 Laborer 7.80 Locksmith I 16.50 Machinery Maintenance Mechanic 18.92 Machinist, Maintenance 17.37 Maintenance Trades Helper 12.16 Millwright 19.11 Office Appliance Repairer 16.50 Painter, Aircraft 18.09 Painter, Maintenance 16.50 Pipefitter, Maintenance 17.58 Plumber, Maintenance 16.70 Pneudraulic Systems Mechanic 17.37 Rigger 17.37 Scale Mechanic 15.63 Sheet?Metal Worker, Maintenance 17.37 Small Engine Mechanic 15.63 Telecommunication Mechanic I 17.37 Telecommunication Mechanic II 21.02 Telephone Lineman 17.37 Welder, Combination, Maintenance 17.37 Well Driller 17.37 Woodcraft Worker 17.37 Woodworker 13-37 Miscellaneous Occupations Animal Caretaker 3-07 Carnival Equipment Operator 10-25 Carnival Equipment Repairer 11-24 Carnival Worker 7-33 Cashier 3-75 Desk Clerk 9-75 Embalmer 15-57 Lifeguard 9-02 Mortician 18-23 Park Attendant (Aide) 11.32 Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 10.10 Recreation Specialist 13-51 Recycling Worker 11-29 Sales Clerk 10*59 School Crossing Guard (Crosswalk Attendant) 7-23 Sport Official 9-02 Survey Party Chief (Chief of Party) 20-46 Surveying Aide 12-33 Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 17-37 Swimming Pool Operator 13?32 Vending Machine Attendant MARCH 2015 Vending Machine Repairer Vending Machine Repairer Helper Personal Needs Occupations Child Care Attendant Child Care Center Clerk Chore Aid Homemaker Plant and System Operation Occupations Boiler Tender Sewage Plant Operator Stationary Engineer Ventilation Equipment Tender Water Treatment Plant Operator 1 Protective Service Occupations Alarm Monitor Corrections Officer Court Security Officer Detention Officer Firefighter Guard I Guard II Police Officer Stevedoring/Longshoremen Occupations Blocker and Bracer Hatch Tender Line Handler Stevedore I Stevedore II Technical Occupations Air Traffic Control Specialist, Center (2) Air Traffic Control Specialist, Station (2) Air Traffic Control Specialist, Terminal (2) Archeological Technician I Archeological Technician II Archeological Technician Cartographic Technician Civil Engineering Technician Computer Based Training Specialist! Instructor Drafter I Drafter II Drafter Drafter IV Engineering Technician I Engineering Technician II Engineering Technician Engineering Technician IV Engineering Technician Engineering Technician VI Environmental Technician Flight Simulator/Instructor (Pilot) Graphic Artist Instructor Laboratory Technician Mathematical Technician Paralegal/Legal Assistant I Paralegal/Legal Assistant II Paralegal/Legal Assistant Paralegal/Legal Assistant IV Photooptics Technician Technical Writer Unexploded (UXO) Safety Escort Unexploded (UXO) Sweep Personnel Unexploded Ordnance (UXO) Technician I Unexploded Ordnance (UXO) Technician II Unexploded Ordnance (UXO) Technician MARCH 2015 12.49 9.86 9.75 13.87 6.99 16.71 19.11 17.48 20.16 12.16 18.68 11.72 17.99 19.14 18.00 18.02 8.52 12.81, 21.77 13.79 13.79 13.79 12.85 16.06 28.21 19.46 21.44 15.21 17.02 21.08 20.36 19.20 21.36 14.16 15.90 13.33 22.61 15.61 17.26 21.48 25.33 27.52 31.49 16.90 25.14 20.44 20.44 14.00 20.13 14.91 17.65 21.54 26.13 20.17 19.77 17.16 17.16 17.16 20.76 24.88 Weather Observer, Combined Upper Air Surface _4.00 Weather Observer, Senior (3) .6.90 Weather Observer, Upper Air (3 4.00 Transportation/ Mobile Equipment Operatic Dccupation Bus Driver 15,32 Parking and Lot Attendant 7.01 Shuttle Bus Driver 10.87 Taxi Driver 9.08 Truckdriver, Heavy Truck 16.36 Truckdriver, Light Truck 10.82 Truckdriver, Medium Truck 14.87 Truckdriver, Tractor-Trailer 16.36 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS HEALTH WELFARE $2 5 an hour $86 a week or $372.67 a month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or success weeks after 5 years, and 4 weeks after 15 years. Length of service includes the who 'of continuous service with the present contractor or successor, wherever employed, a the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther Ki Jr.'s Birthday, Washington?s Birthday, Memorial Day, Independence Day, Labor Day, Co Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitu any of the named holidays another day off with pay in accordance with a plan communi to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECE WE THE FOLLOWING BENEFITS _as numbered): 1) Does not apply to employees employed in a bona fide executive, administrative 0 professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee is entitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M. rate of basic pay plus a night pay differential amounting to 10 percent of the rate basic pay. 3) WEATHER OBSERVERS - NIGHT PAY SUNDAY PAY: If you work at night as part of a tour of duty, you will earn a night differential and receive an additional 10% of be for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours week) and Sunday is part of your regularly scheduled workweek, you are paid at your basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday wo which is not overtime occasional work on Sunday outside the normal tour of dut considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees emp in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work su screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, a pyrotechnic compositions such as lead azide, black powder and photoflash powder. Al house activities involving propellants or explosives. Demilitarization, modificatio renovation, demolition, and maintenance operations on sensitive ordnance, explosives incendiary materials. All operations involving regrading and cleaning of artillery A 4 percent differential is applicable to employees employed in a position that repr a low degree of hazard when working with, or in close proximity to ordance, (or empl possibly adjacent to) explosives and incendiary materials which involves potential i such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adj work area or equipment being used. All operations involving, unloading, storage, an MARCH 2015 hauling of ordance. explosive and incendiary ordnance material other than small arm ammunition. These differenti.ls are only applicable to work that has been specifica designated by the agency for rrdance, explosives, and incendiary material differenti UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (eith the terms of the Government contract, by the employer, by the state or local law, et the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) uniforms is an expense that may not be borne by an employee where such cost reduces hourly rate below that required by the wage determination. The Department of Labor accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequat number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsib of the employee, all contractors and subcontractors subject to this wage determinati shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing pf contrary affirmative proof as to the actual reimburse all employees for such cleaning and maintenance at a rate of $3.35 per wee $.67 cents per day). However, in those instances where the uniforms furnished are "wash and wear" materials, may be routinely washed and dried with other personal gar and do not require any special treatment such as dry cleaning, daily washing, or com laundering in order to meet the cleanliness or appearance standards set by the terms Government contract, by the contractor, by law, or by the nature of the work, there requirement that employees be reimbursed for uniform maintenance costs. NOTES APPLYING TO THIS WAGE DETERMINATIOE Source of Occupationa Title and )escriptions The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations," Fourth Edition, January 1993, as amended by Third Supplement, dated March 1997, unless otherwise indicated. This publication ma obtained from the Superintendent of Documents, at 202?783?3238, or by writing to the Superintendent of Documents, 0.3. Government Printing Office, Washington, D.C. 20402 Copies of specific job descriptions may also be obtained from the appropriate contra officer. REQUEST DR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form (SF 1444 Conformance Process The contracting officer shall require that any class of service employee which is no listed herein and which is to be employed under the contract the work to be performed is not performed by any classification listed in the wage determination), classified by the contractor so as to provide a reasonable relationship appro level of skill comparison) between such unlisted classifications and the classrficat listed in the wage determination. Such conformed classes of employees shall be paid monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract we such unlisted class(es) of employees. The conformed classification, wage rate, and/ fringe benefits shall be retroactive to the commencement date of the contract. {See 4.6 When multiple wage determinations are included in a contract, a separa 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for prepa .ng a conform lest 1) When preparing the bid, the antractor identifies the need for a conformed occupa and computes a proposed rate(s 2) After contract award, the cont actor prepares a writte: report listing in order classification title(s) a Federa. grade equivalency (FGE for each proposed MARCH 2015 . c1assification(s), job descriptionts), and rationale for proposed wage rate(s), incl information regarding the agreement or disagreement of the authorized representative employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later tha days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and submits a report taction, together with the agency's recommendations and pertinent information includi position of the contractor and the employees, to the Wage and Hour Division, Employm Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b) Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disa the action via transmittal to the agency contracting officer, or notifies the contra officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees Information required by the Regulations must be submitted on SF 1444 or bond paper When preparing a conformanCe request, the "Service Contract Act Directory of Occupat (the Directory) should be used to compare job definitions to insure that duties requ are not performed by a classification already listed in the wage determination. Rem it is not the job title, but the required tasks that determine whether a class is in in an established wage determination. Conformances may not be used to artificially combine, or subdivide classifications listed in the wage determination. MARCH 2015 Attachment MARCH 2015 Standard Form 85? Revised September 1995 U.S. cm of Personnel Management 5 CFR Parts 731. 732. and 736 Form appme one. No.8206-0t91 NSN 75?0?01 -317-7372 85-1702 Questionnaire for Public "l?i?ust Positions Follow instructions fully or we cannot process your form. Be sure to sign and date the certi?cation statement on page 7 and the release on page 8. If you have any questions. call the office that gave you the term. Purpose of this Form The U.S. Government conducts background investigations and reinvestlgatlons to establish that applicants or incumbents either employed by the Government or working for the Government under contract. are suitable for the Job and/or eligible for a public trust or sensitive posmon. lnfonnation from this form is used primarily as the basis for this investigation. Complete this term only after a conditional otter 0 employment has been made. Giving us the information we ask for is voluntary. However. we may not be able to complete your investigation. or complete it in a timely manner. it ou don?t give us each item of information we request. is may atlect your placement or employment prospects. Authority to Request this information - The U.S. Government is authorized to ask for this information under Executive Orders 10450 and 10577. section 3301 and 3302 of title 5. US. Code; and parts 5. 731, 732. and 736 of Title 5. Code of Federal Regulations. Your Social Security number is needed to keep records accurate. because other people may have the same name and birth date. Executive Order 9397 also asks Federal agencies to use this number to help identify individuals in agency records. The Investigative Process 85-? 'rsnr?"?s o, v- ?111 1r): .ZHLIzc-f. . - at? 1' 4" rs! '9.thth what??. v-0; ix. 37:22 an?: snarccte'. an: . "We. intermatioc ii": mow-3e the otter: employ-.7 contain-e- 7.25.! . vex-r, zizl'. "t - "f?f 213? wart fins. adj-{ti :c we o-gesmns c' iriis . 7.250 .2, sue set: "ta-9:1. .. animation c' coercion. .25: 3w other 3?if\?i?i?fi assomaus 1:2? .- ska-v? the Garcon ?ml . gr Retreat: internal :1 :yl .. .. ~Tsmt. {yore/W: S. imfi to Lag-5.; Jar}. g, my one: rec": 19"" to cor . tiff" faster 2 or a. (his :1 ?gt: L'j' I. newMARCH 2015 documentation of any legal name cha 6. Social Securit card. and/or birth certificate. _You may also be asked to bring docunenls about info?nnation you provided on the form or other matters requiring speci?c attention. These matters include alien is islrauon, delinquent loans or taxes. bankruptcy. iu gments. liens. or other financial obligations. agreements involving child ctistody or support. alimon or property settlements, arrests. convictions. probation, and/or parole. Instructions for Completing this Form 1. Follow the instructions given to you by the person who gave you the form and any other clarifying instructions urnished that person to assist you in etion of the form. Fi out how many copies of the form ou are to turn in. You must sign and date. in black ink. 9 original and each copy you submit. 2. Type or legibly print your answers in blad< ink (it your form is not legible. it wil not be accepted). You may also be asked to submit your form in an approved electronic ormat. 3. All questions on this form must be answered. it no reSponse is necessary or applicable. indicate this on the form (tor example, enter 'None' or It you find that you cannot report an exact date. approximate or estimate the date to the best of your ability and indicate this by marking or 4. An changes that make to this form after you sign it must initialed dated by you. Under certain limited circumstances. agencies may modify the form consistent- with your intent. 5. You must use the State codes (abbreviations) listed on the back of this page when you till out this term. Do not abbreviate the names of cities or icieign countries. 6. The 5digil postal ZIP codes are needed to speed. the processing of your investigation. . The office that prowded the iorm will assist you in completing the codes. 7. All telephone numbers must include area codes. 8. All dates provided on this term must be in Montthay/Year or Montleear format. Use numbers (1-12) to indicate months. For example. June to. 1978. should be shown as 6! 10/78. 9. Whenever 'Ci (Country)' is shown in an address block. also provide in that block the name of the country when the address is outside the United States. 10. if you need additional space to list your re5idences or or education. cu should use a continuation sheet. SF 86A. ll addition Space is needed to answer other items. use a blank piece oi paper. Each blank piece of paper you use must contain your name and Social Secur ty Number at the top of the page. Final Determination on Your Eligibility Final determination on your eli%ibility for a public trust or sensitive position and your eing ranted a security clearance is the responsibility of the ffice of Personnel Management or the Federal agency that requested your investigation. You may be provided the opportunity personally to explain. refute. or clarify any information before a final decision is made. Penalties for inaccurate or False Statements The U.S. Criminal Code (title 18. section 1001) provides that knowingly falsifying or concealing a material fact is a felony which may result in ?nes of up to $10.000. and/or 5 years imprisonment. or both. in addition, Federal agencies generally ?re. do not grant a security clearance. or disqualify individuals who have materially and deliberately falsi?ed these forms. and this remains a part of the permanent record for future placements. Because the position for which you are being considered is one of public trr'rsi or is sensitive. your trustworthiness is a very important consideration in deciding your suitability for placement or retention jn the position. Your prospects of placement are better if you answer all questions truthfully and completely. You will have adequate opportunity to explain any information you give us on the form and to make your comments part of the record. Disclosure of information The information y0u give us is for the purpose of investigating you for a position: we will protect it from unauthorized disclosure. The collection. maintenance. and disclosure of background investigative information is governed by the Privacy Act. The agency which requested 1 investigation and the agency which conducted the investigation have published notices in the Federal Register describing the system of records in which your records will be maintained. You may obtain copies of the relevant notices from the person who gave you this form. The information on this form. and information we collect during an investigation may be disclosed without your consent as permitted by the Privacy Act (5 USC 552a and as follows: - 1. To the Department oi Justice when: the agency or any component thereof. or any employee of the agency in his or her otficial capacity or to) any employee of the agency in his or her lndiw'dual capacity when the Department of Justice has agreed to represent the ampioyeo: or the United States Government . is a party to litigation or has interest in such litigation. and by careful review. the agency determines that the records are both relevant and necessary to the litigation and the use of such records by the Department of Justice is therefore deemed by the agency to be for a purpose that is compatible with the purpose for which the agency collected the records . 2 To a court or adudlcaliva body in a procoeting when: the agency or any component tlwraof: or any employee of the agency in his or her official capacity, or any employee of the agency in his or her individual capacity whim the Department of Justice has agreed to represent the employee; or the United States Goverrunont Is a party to ?ugatlon or has interest in such litigation. and by careful review. the agenq determines that the records are both relevant and necessary to the litigation and the use of such records is therefore deemed by the agency to be far a purpose that is compatible with the purpose for which the agency collected the records . 3. Except as noted in QuestiOn 21. when a recent an its face. or In conjunction with other records. indicates a violation or potential violation of law. whether civil. criminal. 0r regulatory In nature. and whether arising by general statute. particular program stating. regulation. mic. or order Issued pursuant thereto. the relevant records may be disclosed to the appropriate Federal. foreign. Stale. local, uibsl. or other public authority responsible far enforcing. investigating or pro-scouting such violation or charged with enforcing er implementing the statute. rule. regulation. or order. 4. To any source or potential source from which information is requested in the course of an investigation the hiring or retention of an employee or other parsomel action. or me issuing or retention of a security clearance. contract. grant. licensa. or other benefit. to the meat necessiiry to identify the individual. inform the source of the nature and purpose of the investigation. and to identify the type of information requested. titling? ml- ii 5. To a Federal. State. local. foreign. tribal. at other public authority the fact that this system of records contains information relevant to the retention or an employee. or the retention of a sawdty clearance. contract. license. grant, or other benefit. The other agency or licensing Organization may than males a request supported by written consent or the individual for the entire record if it so chooses. No disclosure will be made unless the information has been determined to be sufficiently reliable to suppert a referral to another office within the agency or to another Federal agency for criminal. civil. administrative. personnel. or regulatory action. 6. To centractors. grantees. exports. censultants. or volunteers when necessary to perform a function or sanrlca related to this racerd tor which they have been engaged. Such recipients shall be required to comply with the Privacy Act of 1974. as amended, 7. To the news media or the general public. factual information the disclosure of which would be in the public interest and which would not censlituta an unwarranted invasion of persmai privacy. 8. To a Federal. State. or local agency. or other appropriate entities or individuals. or through established liaison channels to selected foreign In order to enable an intelligence agency to carry out its responsibilities under the National Security Act of 190 as amended. the GA Act of 1949 as amended. Executive Order 12333 or any successor order. applicable national socwily directives. or classi?ed implementing procedures approved by the Attorney General and promulgated pursuant to such statutes. orders 0r directives. 9. To a Member of Congress or to a Congressional staff member in response to an lnqu'ry of the Congressional office made at the written request of the constituent about whom the record is maintained. to. To the National Natives and Records Administration to records management inspections conducted under 44 USC 2904 and 2906. 11. To the Of?ce of Management and Budget when necessary to the review of private raliot legislation. Massachusetts Alabama AL Hawaii Hi Masks AK idaho in Michigan Arizona AZ illinois iL Mimesota Arkansas AR indlana lN Mississippi Calilomta CA lows iA Missouri Celerado co Kansas KS Montana Connecticut CT Kentucky KY Nebraska Delaware DE Louisiana LA Nevada Florida FL Maine ME New Hampshire Georgia GA Maryland MD New Jersey American Samoa AS District of Columbia DC Guam Trust Territory T'l? Virgin islands VI South Dakota 50 MA New Mexico NM Ml New York NY Tennessee TN MN North Carolina NC Texas TX MS North Dakota ND Utah UT M0 Ohio OH Vom'lont VT MT Oklahoma OK Virginia VA NE Oregon on Washington WA NV PA West Virginia WV NH Rhoda island RI Wisconsin WI NJ Smith Carolina SC Wyoming WY GU Northam Marianas CM Puarto Filco MARCH 2015 50"" appmved: Standard Form 85F Revised September 1995 QUESTIONNAIRE FOR U.S. Office of Personnel Management PUBLIC TRUST POSITIONS 5 CFR Parts 731. 732. and 736 854702 a: 33:35' uaun Day Investigation .90 IO Comm/l Nature at Irma of] I . SON 1K Locationolom- NW Om? Wm are?. I Porsomol NPRC . . None Other Address weOPACALC Numba z. I 0 Wmmu I . ?no WWO Sgt-tame Telephom hum :Dltl OMdal I 0 FULL ?you have orw Initial: In your name. use them and slate (IO). 0 I you up 1 11: cm. color this in the box-nor 0 DATE OF NAME. name. enter mom; BEETH Last Nam first Name Middle Name JL. ll. etc. 1. I I Year 0 PLACE OF BIRTH 0 UN In two lane: code he State. 0 secuam NUMBER 0 OTHER NAMES useo GM other names you 0300 and me potiod ammo you usod them (Io: numb.- younuidm mo. namels] by: lame: man-boo. barman-01s). many. or nlcluwnalsh. II in other namo is you muldon nama. put 'nu' in Iran of it. Nam. WWII?umvaal Ram. ?War 01 #3 . TO - To Name north/Yea numb/Yea: Wear Month/Vow 0?2 . To -, {Frau He we' 1 mm) HaitCow 5e! in I Omsk Male 0 Work (Includo Ana Code and extension) {mm cogCITIZENSHIP I I um a u.s. citizen or mama: m: or u.S.1wib~Iposaession ?Msw Item: I: @Vou ?ohm Maiden ?mm-h? m" Name - . a" .1 mw? umso 3117?s yOu I US. can. but won not born in tho U.S.. panic. hbmu?on about on. at o! in Mining pool: at your china Naturalluuon Gunmen. (Whm mm yuu actor-Mud?) Coon Cky sme CediTicaw Numbet W08 Issued Cluumhlp (Whom was an ?macaw Issued?) Cw Slate Certi?cate Mamba! MmNDav/Year Issued Sm. Domnmont Form 240 - Roped oi Abroad o! a cumn o! mo Un?oa sum GM Ibodate an Germ Exalanawn was prepatod and give an explanation It needed 0.8. Pinpon Wynn: Issued PM Number This may be ?he: a mm or prom: U.S. Piano?. 0 DUAL cngusmp ?youam (or were) a dual cllzen ot the Unnea Stale: and mom" wen It you In men. provide the um intumauon: c. Slate Dale You Earned U.s. Alien Registration Number commutes) ol mi. a? . United States: . Pagei MARCH 2015 0 WHERE vou HAVE Ust the plaoesereyeuhavellved. the most recent (lit) beck 7years. All periods must be tn yourtist. Be eureto location olyour resldence: donotuse apost other: boxes enaddrese. do sdnoledaessmto istyourbarraeks nurnberorhome port. You may omn temporary mlitary duty locations under 90 days (list your permanent address instead). and you should use your address It you Ived overseas. For any address In me last 5 years. list a person who knew you at that address. and who preferably still lives In that area (do not people tor residences oompletety outslde this 5-year period. and do not list your spouse. former spouses. or other relatives). Also for addresses to the last 5 years. It the address Is 'General Delvery.? Rum! or Star Home. er may be dilticutt to Iomte, provide directions tor locatier the residence on an attached continuation sheet. ascn': now has." <3 5.3.2.3: Agra: tier-1 Czce 'were .. . heme of Hart {ms *rcw; 593091;; V, y? 7M, . er Mews." we; ?'here of ?rst? fr?; ?Lich- we: ?aw: in 4: Lisle an mug-34M mm: a . i L's-rm? as! - .- $597? 1w - smMeme 3' Per-,3 5-2.3 ire?. Ir, fr ?32? r, 23f." (a '3 luv-?14* -..- . areal .. a . -5 mate . UPCOGO versrl .?mc vow - 55mg? w. ohm Telephone Number Nan". Momr. I - I - a Sud 390Mher-to ct tum:- ?rm. x? - . NW (D WHERE YOU WENT TO 50100:. Us: the attenmr: myce-J gum-:9 :waglrva Mn rue must if.) and ?wrung b835, wears hlv?) 42320 ?2,238: av: 32:4 (2.3755 ant-'2 I .5 c? w: ,r 231?; you?. L299. ?3 ya u" ?~39 educates my: re Men. 371.9, eff-32;! it": 0 Use one of the lollowlng codes In the 'Code' block: 1 - High School 2 - Colege 3 - Vocational/1? rade salad 0 For schools you attended In the gist 3 years, Ilst a person M10 knew you at school (an Instructor, student. etc). Do not people for educatlon oonpletety outside this 3?year period. a For correspondence schools and extension classes, provide the address We the records are maintained. Moss. was; Month/Year ..L467 'W.-. bevault33896 13 MARCH 2015 0 YOUR EMPLOYMENT ACTIVITIES Llet your employment the (It) and werlring back 1 years. You should list all lull-time work. part-time wart. milan service. temporary miitary duty locations over 90 days. sell-employmml. other paid work. and el periods of unemployment The entire 7-year period must be accounted tar without breaks. but you need not ?51 employment: before you 16?: birthday. 0 Code. Use one of the codes mod below to identity the type of employment 1 Active mlltary (My stations 5 - State Government (Non-Federal employ- 7 - Unemployment (Include name 9 - Other 2 . National Guard/Reserve meat) of person who can verify) 3 - U.S.P.H.S. Commissioned Come 6 SON-Out?ow? (Include business 8 - Fedora Contractor (Us! (Jon- 4 - Other Federal mymem and/0r name ol person who can verify) tram? 00? agent-Y) 0 Employer/Valuer Name. Us the bushess name at your envoy? or the name at the person who can verlly your or mermloymenl in this block. it military service is being listed, include your duty location or home put here as well as your branch ol service. You should provide separate listith to reflect dumges in your miitary duly locations 0r home parts. 0 Previous Perlode ol Complete these ines it you worked far an employer on more than one occasion at the same location. Aller entering the most recent period of employmeru in the initial numbered block, providd previous periods at employment at the same lowlion on the additional lines provided. For example. it you worked at thb'rng in Denver. CO. dunng 3 separate periods at time. you would enter dates and inlermation concerning the most recent period at employment ?rst. and provide dates. position titles. and supervisors lor the two previous periods 0! employment on the lines below that inlomtion. ?00mm 73Presen J. -. 7:aw"? - I ?avTitleIMilitary Flank ?2 . a . grim? ormmca'" nardm??hanw swam?med 3' - ?a ., 7:1; I I . . mom? mmx551? - "r 1 M. . Street Address 00011 Locational dilterent than Employers AddressPage 8 MARCH 2015 YOUR EMPLOYMENT ACTIVITIES Mam/You MonlNYur Code EmpioyerNeri?er NameMilitary Dory Location '4 To? "unproyor?W?nner?s Street Address .: Street Address of Job Location (it dr?eranr than Employers Address) C?ity "time. ??hWis?sWi??r??n?fE?oo Location] Month/Von Posit?onTi?o 79 Your Position nus/mam Rank ,7 :3 :11 Tolodm'w ?Blur 71900419 For?no.2 Supomso: Stare 'erCo-oe Hal-anon. Numbaa mm ?gs-"cam ?my Mom?- ?v'nn Will Tulle . to A MontNan Code Your Position T?loM?lary Rank . Sues! Address City (0mm Slaw -- SM Location (if tifform! Kan? - I k. .?75 .mt. firmwm swervtsor's Name 5 Street Address (it different man job?cation) fawn- .V. Mammy mania: cesium ?as .. .4-.. Mm r?e-z. am IPos?rSon Tale I Supervisor "on? ea' ?:50 Smetvisor 8 Wear Monwvw Code jEmpioyer/?Jeriuor NameJMiiWy Duty Locahm YOur Position Tale/Mqu To A - A Street Address Cry (Curry) 1 $1an I ZIP Code WW Number or Job Locabon' (iromo?ri?f eWEn-Tp?iar?s am?) furious. Tum" WNW: w. . . . Supervisors Name Street Address at different than Job Location) Cay (Country) State ZIP Code Tm Nutter h?rnr?aer Marv-iv we: Posiion Tina 3o :7 5W. .33 2" 43051.0?! .?Vt?nle um My smemsor YOUR EMPLOYMENT RECORD Yes?1 No Has any of the following happened to you in thoIasl 7 years If 'Yes.? begin with me most recent acumenco and 90 badrward. pro?ting date ?red. quit or ten. and corner information requested. i Use the following codes and explain the mason your omploymenrwas ended: l~ ?red from ajob 3 - Le? a job by mutual agreemenl foaowing alega?ons o! nisoonducr - Lo?aiobtororher Z-Qitajobafterboingtoid 4-Le?aiobbymutual agreememfolowingwega?onsol mdermfavcrablo you'd be (red unsatisfactory pedormanco circumstances C'Iirfz' "(Ctr ?sm 4" I ll? - om. Page 4 MARCH 2015 ., PEOPLE WHO KNOW YOU WELL Us: Wee people who know you we! and [we no me Uniled States. They should be good ?tends. peers. cotleagues. cologo mommies, on. whose cemb'ned association with you cover: as well as posstbee the last 7 years. 00 na iSl you spouse. lormer spouses. aroma: Team; 3er try not to list anyone Who Is lsiec eisewhere an Iris form. a .. e. ., . MD. wow?! {e?efmym '(mmw . . . . .. - In I . Cay (Camry) We '2 Name Maw?gatce Know a Tdon?gne Numoo: 1 lug: I Home or Work Address State 2P Code Name I Date: Knamn Telephone Nun?156v .3 Wm Mommies pony . a. . 1n 1 mm . Home at Work Address GMComw} Suie ZIP Cooe (D voua MARITAL STATUS Mark one o' the blowing boxes to show you: Current maria! stains: :1 1 - Nevermarriad (go to quoslion 15) :3 - Sesame: 1 5 - Ohmrzoa 2-Mamed 4:Leqanyeoala&ed 6-Wodowod c3533: 's?o?uEF'Com" pubis Wham manom? your name Fm: Name base at 1553' ~11 am' if mu wave the U5.) sm'?miimm? Bib-7r Names Used Ina-den name. names brother mania??sfez?f?ioxietes Isa?370' ea?m nan) - - a canon-Hp I one Mama! (Money-YA; Hm Mamet! (Mdude cow-Ivy aw. was.) said" ??ml 37317 mes}?! Cut-1;; ?pouse E?s; State; 29 Code i a (3 YOUR RELATIVES Owe the full name. carted code. and Other requesm ?eatomauon lo: each at you relatives. or dead, spanned below. 1 . Mother (?rst) 3 . Stepmmher - Foster Pm 7- Stepchid 2 - Father (second) 4 - Steplalher 6 - Child (adopted also) Full Nam. accenm? check pogo" "n I 00d. I (=on of COUNWWS) 0? Current Md?ll and City left hetore entering name MOM ?f (COW 0' ?mm? 1 Enter Vour Social Securitv Number before ooino to the next page - -- v- . 5 MARCH 2015 YOUR MILITARY HISTORY I 6 "mm Unmd states mm. m. . 0 List all of your m?itary service below. including service in Reserve. National Guard. and 0.8. Merchant Mame. Start with the most recent period of service (It) and wont backward. It you had a break In service. each separate period should be listed. Code. Use one of the codes listed below to identity your branch Oi seM'ce: 1 - Air Force 2 - Army 8 - Navy 4 - Marlne Corp: 5 - Coast Guard DIE. Merit block for Ollicer or block tor Enlisted. . Stetue. the appropriate block for the status of your service during the time that you served. It your service was in the National Guard, do not use an use the two-lettercode torthesteteto merit the block. 0 Country. II your service was with other than the US. Armed Forces. identilythe for which you served. 6 - Merchant Marlne 7 - National Guard Month/Year Mommy.? Service/Certi?cate 0 Status . Wine Mitre Inactive Natnonai Guard I Reserve Reserve I (State) 0 YOUR SELECTIVE SERVICE RECORD . Registration Number -. . .. .. . . 'tt'n? 0 tt'Yee.'gobb. Have you registered with the Selective Service System? It 'Yee,? provide your registration run-oer. It show the i reason for your legal exemption below. . ?ts; very (1) YOUR INVESTIGATIONS necono Has the United States Government ever investigated your badtground and/or granted you a security clearance? ll ?Yee.? use the codes that iolow to previde the requested intonation below. It 'Yee,? bu you cant recall the investigating agenq and/or be security clearance received. enter 'Other' agency code or clearance code. as appropriate. and 'Don?t know" or 'Oon't recelt' under the 'Other Agency' heat?ng. below. tt you response is or you don't know Or can?t recall it you were imrestgated and cleared. check I the 'No' box I Codes for lnvestiqet'ng Agency :Godes tor Security Clearance ?owered - OehnseOOpanment 4 - FBI :0 - Not?equtreo 3 - Top Secret 5 2 . state Depamnent 5 - treasury Department 1 - Con?dential 4 - Sens?live Commented lrionnauon 7 0m, 3 - Of?ce OlPertomeI Management 6 - 2 - 50?" 5 .. "7751;? A cramp? Month/Veer ., a. Month/le OlherAqency 6 To your knowledge. have you overhad ecleerance or access authon?zation dertied. suspended. or revoked. or have you ever been dobarred lrom government If 'Yee.'give date 01 action and agency. Note; An administrative downgrade or termination of a security clearance is not a revocation. Montth I Department or Aoertcy Taking Action I Will I Department or Mono/Tam Acton Mmmw?ma? I to. FOREIGN COUNTRIES YOU HAVE VISITED List foreign countries you have visued. except travel under of?cial Go-rermm orders. beginning twist the moss. rt (1 and wanting back 7 yea: (Travel as a dependent or contractor must be listed.) Use one at these codes to indicate the purpose ot yew - Business 2 - Pleasure 3 - Edu" 4 - Other 0 Include shed trips to Canada or Mexico. It you have ived near a border and have nude share (one day or less: fur; to the neighboring country, you do not need to list each tnp. Instead. provide the trme per-ed. the code. the country. and a nae (?Many soon Tnos'). - .. - 5 a. .I . . Kw. .r'fhbatEnter your Social Security Number before going to the next page Page 6 MARCH 2015 9 YOUR POLICE RECORD (Do not include meg that happened eelarayour 16th My.) lathe last 7 years. have you been arrested for. charged with. er canvicted of any otiense(s)? (Lem out fines oi less than $150DRUGS The toeowlng questions pertain to the illegal use oidrugs or drug You are required to newer the question: My and truthfully. end your tallure to 'i?I 1 do so could be grounds for an adverse emotoymerlt decision or action against you. bu neither your truthtul responses nor iniormation derived from you reSponses will be used as evidence against you In any subsequent criminal proceeding. 0 tn the last year. have youmm used any controlled for example. mariuana. cocaine. crack cocaine. hasnish. narcotics (opium. merphine. codeine. heroin. otc.). amphetamines. depressants (barbiturates. methaquaione. tranquilizers. etc). hallucinogenic: (LSD. PCP. etc). ?prescription drugs? i v. .. 0 In the last 7 years. have you been iwolved in the illegal purchase. manufacture. trai?ciu?ng. production. transfer. shipping receiving. or sale of any narcotic. depressant. stimulant hahcino'gen. or cannabis. tor your own intended pro?t or at anothe? 5 it you answered 'Yes' to m. provide urotmauon relating to the types or substance?). the nature of the activity. and any other dotale relating- to your iwotvement with ilegd drugs. Include any treatment or courseling received. MmMSui?ootn/YGT umid?iim Used to - To 6 YOUR FINANCIAL RECORD i No In the last 7 years. have you. or a company over which you exercised some control. ?led tor bankruptcy. been dedared banluupl. been sublet: to a tax Ion. or had legal ludgment rendered against you tore debt? It you mm 'Yee.? . date oi war action and other inbrma?ott leqmsted bei0w. I ,1 Wear 1 Type oi Action Name Wrontfcunod Un?t mama/Address oi Court or Agency Handling Case Ff SteIto Are ywnowover 180 daysdeiinquenton aryioanoriinancial obligation? Include loansorobligatbnsitnded or guaranteed by the Federal Governan '47 :u ?Jr-.2142? "9:22.12? M, fut -t 1, ?t Ale! completing this form and any attachments. you shciuid rem your answers to all questions to make sure the term is complete and accurate. and then sign and anddatethereleasoonpagea. Certification That My Answers Are True My statements on this form. and any attachments to It. are true. complete. and correct to the best of my knowledge and belief and are made in good faith. i understand that a knowing and wiiliul false statement on this term can be punished by ?ne or imprisonment or both. (See secti0n 1001 of title 18. United States Code). Signature (Signhr'nk) I Date Enter your Social Security Number before going to the next page -v Page 7 MARCH 2015 Form approved: Standard Form 85? Revised September 1995 0.143. No. 3206-0191 us. Office of Personnel Management liiv?m?wm 5 CFR Parts 731, 732. and 738 UNITED STATES OF AMERICA AUTHORIZATION FOR RELEASE OF INFORMATION Carefully read this authorization to release information about you, then sign and date it in ink. I Authorize any investigator, special agent, or other duly accredited representative of the authorized Federal agency conducting my background investigation, to obtain any information relating to my activities from individuals, schools, residential management agents, employers, criminal justice agencies, credit bureaus, consumer reporting agencies, collection agencies, retail business establishments, or other sources of information. This information may include, but is not limited to, my academic, residential, achievement, performance, attendance, disciplinary, employment history, criminal history record information, and ?nancial and credit information. I authorize the Federal agency conducting my investigation to disclose the record of my background investigation to the requesting agency for the purpose of making a determination of suitability or eligibility for a security clearance. I Understand that, for ?nancial or lending institutions, medical institutions, hospitals, health care professionals, and other sources of information, a separate speci?c release will be needed, and I may be contacted for such a release at a later date. Where a separate release is requested for information relating to mental health treatment or counseling, the release will contain a list of the speci?c questions, relevant to the job description, which the doctor or therapist will be asked. I Further Authorize any investigator, special agent, or other duly accredited representative of the US. Of?ce of Personnel Management, the Federal Bureau of Investigation, the Department of Defense, the Defense Investigative Service, and any other authorized Federal agency, to request criminal record information about me from criminal justice agencies for the purpose of determining my eligibility for assignment to, or retention it a sensitive National Security position, in accordance with U.S.C. 9101. I understand that I may request a copy of such records as may be available to me under the law. I Authorize custodians of records and other sources of information pertaining to me to release such information upon request of the investigator, special agent, or other duly accredited representative of any Federal agency authorized above regardless of any previous agreement to the contrary. I Understand that the information released by records custodians and sources of information is for of?cial use by the Federal Government only for the purposes provided in this Standard Form 85?, and that it may be redisclosed by the Government only as authorized bylaw. Copies of this authorization that show my signature are as valid as the original release signed by me. This authorization is valid for ?ve (5) years from the date signed or upon the termination of my affiliation with the Federal G0vernrnent, whichever is soonerS??ri?lxg 5'7 .3. in} m: tiger- .l-nrz. Lag-?t? .Jnl?? a3 . I 322-: Semi-Ir.- rill-"VIN 4-5.. h? Sate it" Coy: Home Tenant)st mm: u! (hat-ea run-3 teem MARCH 2015 ..- .. . INSTRUCTIONS . This Federal Prisoner's Property Receipt (Form USM -18) should be prepared in quadruplicate. Copies should be distributed as directed on the last line of each copy Original (White) To Committing Officer Duplicate (Yellow) To Jailer Triplicate Blue) To Prisoner Quadruplicate White) Extra . When a Federal prisoner is placed in a non-federal institution by a 11.5. marshal. a deputy marshal, or other employee of the marshal. all spaces above the double lines should be filled in and the receiving officer should sign in the space provided. as evidence of the receipt of the prisoner?s property. Copies should then be distributed as set forth above. . When a prisoner is released. the last two boxes on the jailer?s copy will be filled in as evidence of the jailer?s return of the property. . If. while in jail, the prisoner is allowed to spend or otherwise dispose of any money or other property listed. that fact should be noted on the jailer's c0py over the prisoner?s signature. . If a prisoner is to be released to someone other than the committing officer. the original of the receipt should be attached to the commitment. removal. or other papers. for delivery to the marshal to whom the prisoner will be released. MARCH 2015 .v US. GOVERNMENT PRWTING OFFICE: 2000-464-277 US. Dgpa?ment 0, Justice FEDERAL PROPERTY RECEIPT United States Marshals Service ?M?mc?b? emu-4 . . w. . . I?N-n?wwu- . u. .e .. ITEMS RECEIVED: wane and Title) 1? (Signa'cnre an}: ?ne; - .wu-w . {$5171} :91 ?nk .. . '22?1'2? L.. . . A -3317; if; e. ABOVE ITEMS RETURNED (Signature and Title of Person Receiving) 1 DATE FORM USMeta ro OFFICER my 4/85; MARCH 2015 Attachment MARCH 2015 Standard Form 85F Form approved: Revised Serum 1995 one. No. 3206-0191 U.S. Ot?ce of Personnel Management SCFR Parts 731. 732. and 736 UNITED STATES OF AMERICA AUTHORIZATION FOR RELEASE OF MEDICAL Carefully read this authorization to release information about you, then sign and date it in black ink Instructions for Completing this Release This is a release for the investigator to ask your health practitioner(s) the three questions below concerning your mental health consultations. Your signature will allow the to answer only these questions. I am seeking assignment to or retention in a position of public trust with the Federal Government as a(n) (investigator instructed to write in position title.) As part of the investigative process, I hereby authorize the investigator, special agent, or duly accredited representative of the authorized Federal agency conducting my background investigation, to obtain the following information relating to my mental health consultations: Does the person under investigation have a condition or treatment that could impair his/her judgment or reliability? If so, please describe the nature of the condition and the extent and duration of the impairment or treatment. What is the prognosis? I understand the information released pursuant to this release is for use by the Federal Government only for purposes provided in the Standard Form 85F and that it may be redisclosed by the Government only as authorized by law. Copies of this authorization that show my signature are as valid as the original release signed by me. This authorization is valid for 1 year from the date signed or upon termination of my af?liation with the Federal Government, whichever is sooner. Signaure (Signh ink) . Ful Name (Type aPn'nt Date Signed Other Names Used - - Curam Andres: 5:5. - g. - a ,cv sir-2:. 5 at MARCH 2015 UNITED MARSHAL: SERVICE RECORD OF PRISONER MEDICIALIHOSPITAL EXPENSES (Roi. Ordu USM ?530.? JAIL NAME PRISONER hon, Hm, l3. comma ?-"umm =usms DISTRICT t. museum NUMBER ("05 3 us?: navm :3 av um 7' 5-3. at no. u. ?menu Dara Am: news when ?sewn'm ?aws" madam, Ol??dgND $331; a .1 u- - [awry-ac Nu c! (01:16! 1. Hosann- "mum: comm'neo nausea onWANSun's. No. MARCH 2015 Attachment MARCH 2015 0, b- I I. .EELES I mar-2m HINTS or: (drums: I ?mum? [ovum untms occun MHEOUENHY mo an no: SHOWN ammo mo oromoouo uonmem cannons All moo mm: on: . .ou mom, mag um, mum, mo nvmo moms IO 3w. ?moon mm: came: I: or m: Loocum. 5 as sun: mans-0N: an! mcomm . mom mmlacmum as cussnnomss me ?to onus. mom: um a . I ?wmumm "may." mg? gut-035m! to Mm! A A comcvmo m: owns. CLEAR. neuron to mu "no! IN ME NOMWM "Moth ILOCII ARCH tmtma cm a: cussmto A mason sow. m, m? cm.? M-namm oo om rmucv onus-tun coprnuu mum-catmo' m: as mm no am Sun?! "92 .231 "Ml OMMNO SIAMIO CARD . "ammo "a 0 . 11mm unwmou. mu NH 0' wt at ((155349 gunman! RAM If mm mast mmtsazmn 0 tum?: m: 1031! of mu emu cussmo. ocmmwo mt umusswumtmw Cl mu: 1min! luv 82 Mun Mm mg youomuo nos! rmomonmls nu mo mt "?lms Snow? "Low. 1M mummy Cum rv n30! mm hm" Mag (mugwum Lu?; . Loop ?2 3. ARCH . r" - -- . 527'?- 1 1 I gig-1&3- >1 -- - ?lm/?cm {wt-?Hun an mm rum? mm ahmm ~1 .4:ng m: mm r..1mw.wsxucu.u "5 PRIVACY ACT S1AYEMENT mm BFACE ron rat USE mm mronmuou I: Iv sccnous 130d (mun! mvtsuoulonsuwo no: (em name!) or mu 5. 8 cone. eucmm onotn aloumtutms (on cougth 'u"oyut""; 0?th ?w "whoa-n caucucmlo m1: monmnou WM 9: 98:0 to suncu notml lunuu at IMERPRINI ?as YOUR mush ton noznu. on 5 secumvv an two I: 05:0 '08 "new" 0' Oman uw nus ion vc-Lm storm Strum" 133?: ?Ufmm?'? "EC.me 0mm nu, {mum 3 5g?, usg n15 gg.? 49 rug ?(any or gun-mu?; 1-4 "750?; cgngoomn ngco?en 1:29" ?w r-n in?, ct 'tt! VH3 Hum; net mrmunnuINPIOVW A on ctunwuut)?; BASH) AVAHAML - g: Augth to ANY nu ma 11mm: rugrsumlq Luau-ms 51:1: 553"?" WM 9 In mu? usmsaoommnu tom "mono Innouou no no v.3 lo. tin-23-30300": NO 3200-0!? MARCH 2015 Attachment MARCH 2015 Jnamqanqy :0 "9 - - onocl 0' ?Moqu us! mm mm um! moon um! 9?voth vacuum?). Is It .n vsu HQ. ARLINGTON. VA 1 I myomc: 0! OUSONINOI nvnmuo I ONUI on. or mm. i . uomn on "Al i . mu 3,7, "gm, my: 5:514: ruccovmnm ron om 1? s-oumunl 0? omen I -- w- . 1 ?Mum?. -: ads \u-n?g . .. -H cum. m?owuo In in cm an. N. son-omen? mount: e-t-c-nJJcUhi?kwmv LID-W. I mum 1 MARCH 2015 U. S. Marshals Service Core Detention Standards 99 United States Marshals Service Core Detention Standards June 2001 Prisoner Services Division MARCH 2015 U.S. Marshals Service Core Detention Standards Purpose of the Conditions of Con?nement Detention Standards and Monitoring Report The core mission of the Conditions of Con?nement program is to monitor non-federal facilities that hold Department of Justice (DOJ) detainees to help ensure that these facilities: 6 are safe. 6 are humane, 6 protect detainee statutory rights, and 6 protect detainee constitutional rights. Core Detention Standards The Core Detention Standards were developed by the to ensure the safe and humane con?nement of federal detainees and to uphold the protection of their statutory and constitutional rights. The 59 standards are divided into 9 sections by relevance. Each standard contains a title and de?ning statement. The 9 sections are: Administration/Management Health Care Security and Control Food Service Staff/Detainee Communication Safety And Sanitation Services And Programs Workforce Integrity Detainee Discrimination "9397991909."? The reviewer should ask the apprOpriate questions and verify appropriate documentation while seeking out pertinent information for making assessments. For example, if a standard requires that the Facility Director provide adequate medical. dental, and mental health screening as part of the intake process. the reviewer should detail what is generally included in a screening. and verify the 4 items listed below in determining if the standard is being met. Reviewer should verify that: Does a policy exist? Is the policy adequate? Is the policy being implemented successfully? Is the desired outcome being achieved? General Guidance for Reviewers: Policy Communication and Review 1. Interview high~level staff to ask how policies and procedures are communicated to staff and detainees. MARCH 2015 0.8. Marshals Service Cale Detention Standar?s 2. Verify that adequate information is actually available via some means of communication policy manuals, orientation, procedures, or legal guidelines). 3. Check pre-service and in-servioe training curricula to determine the extent to which staff training addresses the relevant policies and procedures. 4. Interview random correctional staff and detainees to determine the extent of their familiarin with the relevant policies and procedures. 5. Review policies and procedures to determine whether there are any indications of regular (at least annual) review and revision. 6. Is the facility operating in accordance with iocalfsateffederal standards, regulations, and laws" 7. Is the facility operating in accordance with standards and policies established by rationally recognized organizations such as ACA, AJA. OSHA, or NFPA. MARCH 2015 0.5. Mamba/s Service Core Detention Standards Summary of Core Detention Standards A: ADMINISTRATION A.1 Policy BeveEOmen'. and Monitormg 5 A2 Internal Impatiens and Review:- A.3 Detamex: Remark AA Adzzussion ant; Orientauon A5 Personal Property and Monies. Ax} Detainee Reiease Accommodations fer the Disabir?? E: COMMUNICATION 5 . E.l Staf?bemnoe Commumcaiion Trainmg E: became Grievances B: HEALTH CARE 13.1 [make Health Screening .2 Medical. Dental. and Mcmai Ream: Asmara-ale 3.3 Access to Rouzme. Chronic Emergency Health- Services I 8.4 Experiman Research i 8.5 Response to Medical. Mental Demai Hearth Nee?s 8.6 Suzcide Prevention Detainee Hunger Strike 8.8 Detainee Dead: 13.9 infumwd Consezw'lavoluaiary renter-err: i i i SAFETY AND F. . Fire Said} F: Non-Hazardous Furnishings . .3 Control of Dangerous Mareriais Envirormrmi Comm; 5. Ciotinng and Bedding Persona} EygienefWe?-being hummus Dim 8 Physica! Facility and Equipment 2'3 F. F. F. F. C: SECURITY AND CONTROL (1.1 Post Orders . (3.2 Logs 5 CS Security Features 1 .4 Security Inspectiozt; Control of Contraband Cf. Detainee Searches 1 Dciaincc AccountabiliE} and (3.8 U): of Force C.9 Lee of Restrainzs I (3.10 Tooi 8; Equipment Control C.ll Weqwm Contra (3.12 Detainee Discipline . l4 Contingency "Emergency Piara: 3 3 G: SERVICES AND PROGRAMS x?orumeer Wark Work ASSIgnmean ace Security Eavez?e Exercise and Our-of?Cei? Oppanumtiea Ca. Legal; Matenzis (3.8 iega; Representation 0.9 ?z?e?iepnone Access EC- Vrsizatian Privileges . )0 u. (Li . Deanna: Mail and Correspondence i 1 C. 13: Supervision for Spatial Housm; i D: FOOD SERVICE 0.2 Sanitation Requzremems 5 Adequate and Varied Meals D.3 Diets .Szart??ackgmund and Reference Cheeks H: WORKFORCE INTEGRITY itafi 733125;. and (iredentiailmg .5 Viacom-11c: i l: ATION {ascrimzuauon MARCH 2015 0.8. Marshals Service Cane Detention Standards SECTION A: Policy and Munitoz?iug A.l The Facilixy ensures staff have We necessary mfonnauun to operate and animal-n the facility in 2' acmrdancc With local. Siam. and federal laws. i internal Inspemons and Review A2 The Facility Director ensures Internal operational and reviews are conducted regularly, and include systemau'c foliou -up as .. Detainee Records A.3 Tm: Facility Dimswr adequately all detaincc records {Including medical and mm healih). ensuring their security and con?dentiality. Admission and Ozicmaljon AA The Facility Dimmer provides an aciccguazc admissiua and oricnmz?oa.. 1 Personal Property and Monies A.5 The Faculty Director ensures personal property and memes axe propcrl)? rccordcd. stored. and returned :0 i demznees upon their release Detainee Realms!~ A43 The Faciliiy Director ensures detainees are released only With proper. main-'1 idcmziy vcm?zcamm. and notificmion. i . l. . for the Disabled The l-acihw {nectar msurcs ma: adequate accommodailons are nude to: dismled detainees 1:7 me pamcular i accepts disabled Gamma-MARCH 2015 (1.5. Marshals Service Core Detention Standards SECTION B. HEALTH CARE i Intake Hem.th Screening 8.1 The Faculty Duecto: ensures that 306011218 mtmcal. dental. and mentai health screenings arc performer: and apprepmte dispomuons are made. I Medical. Dental. and Monte! ?(mm Appraisals 8.2 The Facility Director ensures mm "(all animal. dcntai. and health appraisals are completed for each i detainee Within 14 days of am val, 3 Access Rouunc. hromc. and Emergencv Health w?vmos 1 8-3 The Faczlity [?rmer ensures that detainees have timeiy access (0 and mivc adequate routine. chronic. and i_ emergency health scr?nccs nm?sicai. amml. and menial hamhcamg Experimenmi Research 8.4 The Facility Director ensures that (Ramos are not subjeas of oiorncdical. behavioral. phamlaceuticai. o: i Gasman research Response to Medicai. Mental, and Sexual Health Needs 8.5 The Utrector ensures that ail Staff members are (raises in and resourm are place u) adequatciy respond to mama}. 111.6312;= am Genus: health um cfaezainees. {suicide vamlmn 3.6 Tut Facility Director cnsma: um: meg cats suicide prevezxuon program is in place. Detainee Hunger Striker; 8 .7 The Emmy Lcher IS prepared to respond appropnazcly a hunger stake. including providmg appropnaze mama} and mama! hear mare: Delaincc Death i 8.8 Th: {Ham-or is prepares a: {esp-3nd to a cczzunc: dean: 'i?reatmcm . 9 BA) Th:- Famiizj: inseam ensure: maa zr?mnm oonscm IS obzamcc. when approvnazc, prm: u: deuvcr)? 0: Care. L..- MARCH 2015 us. Marshals Service Core Detention sandards SECTION C: SECURITY AND CONTROL F051 ("Dr-10m CI The Facility Director ensures star": when have a clear unoemzaading of the dunes. and expectatiozis associated with their poms, i i I Permanent Logs. I 0.2 The Facility ensures ma: pcmiancm logs are unmanned to: recording daily information. including routine occurrences, emergencies, or an?! incidents. 56mm); Features CS The Facility Director ensures the: inspections of all security features are conducted mgulzriy in order to identify needed maintenance or other .?ecun'ty Inspections; i (3.4 The Facility Director ensures security of all areas or me are conducwd regularly.? {Tammi of Contraband (3.5 I?m: Facility Dimmer ensures the acecumc control and dime-Silica of contraband .. Detainee Searches Q6 The Facility Director cnsures an adequate detainee search program exists ma: preserves constitutiqu righls. Ut'i?iilu' Accountability and Superi'mion (3.7 The Facility Ifiirector ensure-$1211: nhysiw? ano mama?: supcmsion oi dctainous' to ensure the safciy of both Staf?; Gemini-its. {756 of" Form- .8 "Etc. Facility ensures that tome is used only wnen necaax; and only as :0ng as nuxwarjy. Ill: Facility :zlsr) ensuzvs mat \x-Iter 1.3: mod it is 1:02 mat-save: and 1; is gropefbs and term :1 Ci: . . MARCH 2015 U.S. Marshals Service Core Detention Standards SECTION C: SECURITY AND CONTROL . . . .1 i \(mxumme E50 {3f Restraint: .9 Tue Family Dwecwr ensures that reszraxms axe used :y whey: accessan?. Tn: Facii?zy Director also ensures i 5 {22219. rcsuainu arr: used. they at: we; and pum?mcs-z 61- Equipment Cunard: i I (110 The. Facility ensures 'dzazuaz': comm. 01' keys, zoo?s, :uEinatjs medical equipment, supplies. and whales. Weapons Contro? i I i (7.11 Facility cnsurzx Jacqui-:1: cvonzoi Ot'weapoas I Detainee Disciplim i (.112 TM Facility ?er ensures {an dczazncc 31.1155". 12 pig-x max preserves due prms. i Supervision for Special 30min: (L13 Tue Facility Dimer ensures adOOuatc of damnecs admmisumivc segregation. prowaivc 3 tug-may. and disciplines deter.th Contingency/Emergency Plum The Facility Director ensures that an cffecdvc and adequate written contingency/emergency plan is in place. MARCH 2015 1.1.5. Marshals Service Care Detention Shanda/Us SECTION I): FOOD SERVICE Requirements I DJ Toe Facility Director ensures that to:- tawny meets appiica'oie road service regarding sanitation 3 procaiures for purwastng. scrvutg. ant?. transporting. cooking. eating utensils. and cooking cqmoment a: well a: i i requirements: for root: oreoarzitio: {and etc. rage. The Paci?st barecmr ensures ?521 or?; staff an; (seize-mes are cumin-e; service loos Adequate and Varied Minis I 9.2 The Fawn} Director ensures Lila? accounts and some: meets are Speciai Diets i DJ The Facility Director provides for specrai diets when prescribed by appropriate medicai or dentai personnel. I The Facility Director also ensures detainees arc masona?oic to ooscrve their rciigious dietary- i - practices SECTION E: STAFFIDETAINEE COMMUNICATION Staff-Detainee Communication EJ The Facility Director adequately promotes and encourages detainee Opportunities to communicate to staff. both written and verbal. When necessary, oormnmication aids are provided (translations. translators, hearing- impaired aids. etc.). Divers'ty Mining E.2 The Facility Director provides staff with appropriate diversity and sensitivity training. Detainee GrICVanoes [5.3 The Facility Director ensures that detainee grievances are addressed in a timely manner through a formal process. MARCH 2015 (1.3. Marshals Service Cone Detention Standards SECTION F: SAFETY AND SANITATION Fm: Safm} 3 FA The Facility Dirocwr ensures an adequate fire safety program. which conforms to local? state, and fodcml 1 law, when: applicable, is in place. 3 Nom?azai'dom Furnishings ?2 The Facility Diiccwr ensures that furnishings (6.11? cushions, etc.) are non-toxic. and not a ?re 0: satay lzawd. 1! Control of nangez'ous Materials F.3 The Facility Director controls the storage. exposure, usc. and disposal of all caustic, toxic. and hazardous materials and other waste. Environmental Control 17.4 The Facility provides detainees with Clean. sanitary, and adequately ventilated facilities. Clothing and Bedding 1 ?5 The Facility Director provides all detainees with clothing and bedding that are elm. well and suitable for the climatic of the are: . Pomona! Hygicncheii-bciztg a i F16 The Facility Dirt-sun promotes and facilitates personal hygiene and well-being Infectious DiSt?iiSC Facility ensures {31:11 triers is an infection contw? prugmm that promotes a aafc and healthy environ: cm lot gait. dciamccs. anal vistiorg i l?u?s'sical Facility and liquipmmt 17.8 The Facility Director ensures that the pnysical facility and cqutpm'cnt do not present a hazard to detainees, etiipioyc'c?. and VHS it 0 10 MARCH 2015 0.8. Marshals Service Core Detention Standards SECTION G: SERVICES AND PROGRAMS 1:123} Reprtse :tatiOn 0.8 The Facility Direcmr ensures detainee: nave rezsonabie access gcga representauon am: the owns. Tcicpnonc A mass 0.9 The Facility Director ensures detainees, hav: rcasonabic and cquuasic amass to teicph-mm. :maiion P??s?iicacs G.10 Facility Dimszor ensures datum ax: exam-ed {womb}:- with family am: Mail and (Lil The Facility Director msures detaznees can send and receive, mad am maimmns the confxdenzxaluy o! pnvileged correspondence. 11 MARCH 2015 0.5. Marshals Service Core Detention Standards SECTION II: WORKFORCE INTEGRITY Staff Background and Reference Checks [1.1 The Facility Director ensures all staff have background and reference checks before they are hired and that periodic criminal history checks are conducted once staff are employed. Staff Training, Licensing, and Credentialing 3.2 The Facility Director ensures all staff are adequately trained, licensed. and credentialed. and that expected standards of conduct are included in the training program. Staff Misconduct 3.3 The Facility Director ensures that an adequate system is in place to report allegations of staff misconduct and that such reports an: thoroughly investigated and addressed, including forum of misconduct covered by other speci?c standards. SECTION I: DETAINEE DISCRIMINATION Discrimination Prevention The Facility Director ensures that detainees are not against based on gender, race, religion. national origin. or disability (including discrimination in work and education programs). 12 MARCH 2015 Attachment MARCH 2015 Incentives 1. ACA Accreditation a Performance Requirement: Obtain ACA accreditation b. Performance Standard: Obtain ACA accreditation within 24 months of contract award. c. Performance Measurement: review of ACA accreditation certi?cation received from Contractor. d. Incentive: IfContractor is not ACA accredited within 24 months of contract award, 1% of that month's payment will be withheld 1% of each wbsequcnt month?s payment will be withheld until such time as the Contractor has been accredited. There will be no amount withheld during the month in which ACA accreditation was achieved. . 2. Renewal of Accreditation . a Performance Requirement/Standard: The Contractor shall remain ACA accredited for the entire period ofperfonnance of this contract. The Contractor shall notify the Contracting O?cer and COTR when ACA accreditation has been achieved and 30 days prior to ACA accreditation expiration and/or renewal. b. Performance Measurement: COTRICO review accreditation certi?cation received from Contractor. c. Incentive: IfContractor does not maintain its ACA accredited; 1% of that month's payment will be withheld. 1% of each subsequent month's payment will be withheld until such time as the Contractor has been'accredited. There will be no amount withheld during the monthin which ACA accreditation was achieved. 3. Prisoner Escapes a- Performance Requirement: The Contractor shall ensure there is no escape of any detainee in its custody. b. Performance Standard: The contractor assumes absolute liability for the escape of any detainee in its custody and is required to immediately notify the COTR of any USMS inmate escape{s). c. Performance Measurement: Monitor prisoner escapes d. Incentive: If there is an escape of a USMS inmate, the contractor shall fully reimburse the USMS all investigative and apprehension related expenses for each occurrence of escape, regardless of the number of escapees, for a minimum of Sl0,000 not to exceed $100,000. MARCH Attachment. MARCH 2015 POLICE SIAIEMBNT EDD CE I. Permissible Uses. An officer may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person. II. Fleeing felons. Deadly force may be used to prevent the escape of a fleeing subject if there is probable cause to believe: (1) the subject has committed a felony involving the infliction or threatened infliction of serious physical'injury or death, and (2) the escape of the_subject would pose an imminent danger of death or-serious physical injury to the officer'or to another person. Escaping prisoner.?When a prisoner escapes or attempts to escape, deadly force may be used against the prisoner only when the prisoner poses an imminent danger of death or serious physical injury to an officer or to another person. arisen unrest. _Deadly force may_be used to maintain'or restore_control of a prison or correctiona1?institutibn when the officer reasonably believes that the intended subject of the deadly force is participating in a disturbance in a manner that poses an imminent danger of death or serious physical injury to other inmates, prison staff, or other persons. The use of deadly force would be_unreasonable and thus not permitted to quell a disturbance when force_other than deadly force reasonably appears sufficient, V. Non?oeadly Force. If other force than deadly force reasonably appears to be sufficient to accomplish an arrest or otherwise accomplish the law enforcement purpose, deadly forte is not necessary, VI. Verbal Warning. If feasible and if to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force. VII. Warning Shots. Warning shots are not permitted outside of the.prison context. In the prison context, warning shots may be fired within or in the immediate environs of a secure facility if there is no apparent danger to innocent personsi (A) if reasonably necessary to deter or prevent the subject from escaping from a secure facility; or (B) if reasonably necessary to deter or prevent the subject?s use of deadly force dr force likely to cause grievous bodily harm. Attachment MARCH 2015 Vehicles. A. Weapons may not be fired solely to disable moving vehicles. 8. Weapons may be fired at the driver or other occupant of a moving motor vehicle only when: l. The officer has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the officer or another; and 2. The public'safety benefits of using such force outweigh the risks to the safety of the officer or other persons. - IX. Vicious Animals. Deadly force may be directed against dogs or other vicious animal when necessary in self-defense or defense of others. X. Rights of Third Parties. Nothing in this policy and the attached commentary is intended to create or does create an enforceable legal right or private right of action. MARCH 2015 Commentary Regarding the Use of Deadly Force The commentary addresses the use of deadly force in custodial and non-custodial Situations. The policy and this commentary provide practical guidance to of?cers who must make grave decisions regarding the use of deadly force under the most trying of circumstances. This policy is the product of discussion among the various law enforcement agencies whose personnel are called upon to make decisions regarding the use of deadly force, of review of the current policies governing the useofforee, and of advice of legal counsel from various Department components, including those charged with law enforcement, defense of civil actions ?led against the government, enforceth of civil rights, and provision of constitutional advice. De?nitions Deadllm is the use of force that is likely to cause death or serious physical injury. When an of?cer uses such force, it may only be done consistent with this policy. Force that is not likely to cause death or serious physical injury, but unexpecta?y results in such harm or death, is not governed by this policy. may; for the purposes of this policy encompasses the caneept of immediacy of an attempt to leave custody. A person in custody is escaping from a facility or vehicle when he or she is attempting to escape and is still within the facility?s immediate environs. cause, Egon to Elieve or a mnahle mlief, for purposes of this policy. means facts and circumstances, including the reasonable inference drawn therefrom, known to the of?cer at the time of the use of deadly force, that would cause a reasonable of?cer to conclude that the point at issue is probably true. The reasonableness of a belief or decision must be viewed from the perspective of the of?ce on the scene, who may often be forced to make split-second decisions in circumstances that are tense, unpredictable, and rapidly-evolving. Reasonableness is not to be viewed ?om the calm vantage point of hindsight Hi. Erincipals on Use ofDeadly Eorce The Department of Justice recognizes and respects the integrity and paramount value of all human life. Consistent with the primary value, but beyond the scope of the principle articulated here, is the Department's full commitment to take all reasonable steps to prevent the need to use deadly force. Yet even the best prevention policies are on occasion insuf?cient, as when a serious prison disturbance occurs. With re5pect to those situations and in keeping with the value of protection all human life, the touchstone of Department's policy regarding the use of deadly force is necessity. Use of deadly force must be objectively and reasonable under all the circumstances known to the of?cer at the time, including the nature and severity of a prison disturbance,?whether officers at the facility carry ?rearms, and the use or threat of use of farce upon the of?cer or others. MARCH 2015 The necessity to use deadly force arises when all other available means of preventing imminent threat of death or serious physical injury to of?cers or other persons have failed or would be likely to fail. Thus, employing deadly force is permissible when there is no. safe alternative to using such force, and without it, the of?cer or others would face imminent and grave danger. An of?cer is not required unreasonably to place his or her life, that of another of?cer, a prisoner or suspect, or the public in danger of death or serious physical injury before using deadly force. Determining whether deadly force is reasonably necessary may involve instantaneous decisions that encompass many factors, such as the likelihood that the subject will use deadly force on the of?cer or others if such force is not used by the officer, the of?cer's knowledge that the subject will likely acquiesce in arrest or recapture if the of?cer uses lesser force'or no force at all the capabilities of the subject; the subject's access to cover and weapons? the presence of other persons who may be at risk if force is or is not used; and the nature of the underlying crime or threat posed. No force, deadly or non-deadly, may be used wantonly, maliciously or sadistically by prison of?cers against prisoners. Force may never be used solely for the purpose of causing harm. During a mutiny, rebellion, riot or disturbance in ajail facility, deadly force may be used against any prisoner who poses an imminent danger of death or serious physical injury to an o?icer, a prisoner, or another person. The reasonableness 'of an of?cer?s determination to use deadly force may turn on the of?cer?s vantage point or assignment. Deadly force may be used when a single prisoner presents an imminent danger of death or serious physical injury to another person. As used in this policy, "imrninen has a broader meaning than "immediate" or instantaneous." The concept of "imminent" should be understood to be elastic, than is, involving a period of time dependent on the circumstances, rather than the ?xed point of time implicit in the concept of "immediate" or "instantaneous." Thus, a subject may pose an imminent danger even that very moment pointing a weapon at the of?cer if, for example, he or she has a weapon within reach or is running for cover carrying a weapon or running to a place where the of?cer has reason to believe a weapons is available. lgsser El?l? Intermediate force. If force lesser than deadly force could reasonably be expected to accomplish the same end, such as the arrest of a dangerous ?eeing subject, without unreasonably increasing the danger to the of?cer or to others, then it must be used. Deadly force is not permissible in such circumstances, although the reasonableness of the officer's understanding at the time deadly force was used shall be the benchmark for assessing violations of this policy. Verbal Warning. Before using deadly iorce, if feasible of?cers will audibly command the subject to submit to their authority. in this requirement is the concept that officers will give the subject an opportunity to submit to such command unless danger IS mcreased thereby. However, if giving such a command would itself pose a risk of death or serious bodily harm to MARCH 2015 the o?icer or others, it need not be given. Warning shots. Within or from the immediate environs of a secure facility,,warning shots may be ?red as an intermediate measure at the discretion of the of?cer if verbal warnings are to no avail. If the of?cer determines that the ?ring of a warning shot is necessary step to deter-ring or preventing an escape or preventing loss of life or in?iction of serious physical injury, the o?icer may ?re warning shots safely; that is, there is no apparent danger of injury to an innocent person. Attempts to shoot to wound or to injure are unrealistic and, because of high miss rates and poor stepping effectiveness, can prove dangerous for the of?cer and others. Therefore, shooting merely to disable is strongly discouraged. Motor vehicles and their occupants. Experience has demonstrated that the use of ?rearms to disable moving vehicles is either unsuccessful or results in an uncontrolled risk to the safety of the of?cers or others. Shooting to disable a moving motor vehicle is forbidden. An of?cer who has reason to believe that a driver of occupant poses an imminent danger of death of serious physical injury to the officer of others may ?re at the driver or an occupant only when such shots are necessary to avoid death or serious physical injury to the officer or another, and only if the public safety bene?ts of using such force reasonably appear to outweigh any risks to the of?cer or the public, such as from a crash, ricocheting bullets, or return ?re from the subject or another person in the vehicle. Except in rare circumstances, the danger permitting the of?cer to use deadly force must be by means other than the vehicle. eous Deadly force may be directed against dogs or Other vicious animals when necessary in self-defense or defense of others. Nothing in this policy and the attached commentary is intended to create or does create an enforceable legal right or private right of action. MARCH 2015 Attachment I MARCH 2015 I. SCOPE AND COVERAGE or A LIMITED BACKGROUND INVESTIGATIO ?113.11 The limited background investigation is the required background investigation for moderate risk positions at the noncritical sensitive level. It includes the National Agency Check (NAC), credit check, personal subject interview and coverage of at least the most recent 3 years of activity including employment, self employment, unemployment, references, education, residence, and law enforcement agencies. Military service is covered up to the last 15 years through the NAC and the highest education degree claimed is con?rm?d by inquiry regardless of time ?arne. Investigations do not extend back before a subject?s 18th birthday except to ensure a of 2 years coverage. '1 Sourcesare developed through information provided by the subject and other sources. The background investigation report is not a verbatim transcript of interviews with the subject, sources, or employers. It is a factual report of information compiled by the investigator with the discrepancies from the information provided by the subject duly noted. Issues and derogatory information are also noted. Items are scheduled for coverage by various methods which may be shown as follows: P.- Personal Coverage (The investigator interviews subjects and reviews documents-includes record and source checks) Record search only 1- Inquiry (mail or electronic) T- Telephone - Linkage (electronic-terminal or tape) Basic coverage period forthis type of case is 3 years and it includes the following: The NAC consists of a check of the Of?ce of Personnel Management?s (0PM) Security Investigation Index which is an index of investigations conducted by 0PM and other federal investigative agencies, a check of FBI ?ngerprint ?les, a check of FBI investigative ?les, and a check of the Department of Defense Investigative Index of civilian and personnel. It is checked by Inquiry, Linkage, and Record. Credit Check is covered by Linkage and the period covered is 3 years. All credit checks all be used for employment purposes only. Personal Subject Interview is scheduled at current job location and is a one-on-one interview. Education is covered by Personal coverage and Record for the urea recent year of basic MARCH 2015 coverage period and is covered by Inquiry for years 2 to 3 (and highest degree) Residence is covered by Personal coverage and Record search only for the most recent year as of the scheduling date of the basic coverage period. Employment including self-employment and unemployment, is covered by Personal coverage and Record search only for the 3 year basic cover-age period as of the scheduling date. Law Enforcement is covered by Record search only for locations within the basic coverage period and is scheduled Inquiry or Record search for related issue information shown on the cue papers. . Stateside Military Service (over 6 months) is covered by Personal coverage and Record search :for the most recenf year of the basic coverage period (15 years of coverage are provided in the NAC). 7' Court Records are obtained for bankruptcies and ?nancial delinquencies over $1,000 or if the dollar amount is unknown within the basic coverage period. Extra Coverage is required when additional information is needed to help the agency determine a person's quali?cations, suitability and security for a particular position. Extra Coverage is requested for law enforcement positions, which allows the investigator to ask the following questions regarding prospective employees: - How does/would the person react in an emergency situation? - Does the person have the ability to operate under stress? - How is this person's judgement, discretion, and physical health? - Describe the person's ?nancial responsibility. Can this person live within their means? Expanded law enforcement searches (include County and State criminal records where available). . MARCH 2015 II- SCOPE AND COVERAGE OF A PERIODIC (ERIR) The Periodic Reinvestigation is a reinvestigation that is conducted every ?ve years. It includes the NAC, personal subject interview, residence, and selected record searches. Scheduled items are covered by various methods as follows: Personal Coverage (includes record searches) Record search only I- Inquiry (mail or electronic) T- Telephone Li Linkage (electronic-terminal or tape) ?_Basic coverage period for this type of case is 5 years, and it includes the following: The NAC consists of a check of Security Investigation Index which is an index of I investigations conducted by 40PM and other federal investigative agencies, a check of FBI ?ngerprint ?les, a check of FBI investigative'?les and a check of the Department of Defense Investigative Index of civilian and military personnel. It is checked by Inquiry, Linkage, and Record. Credit Check is covered by Linkage, and the period covered is 7 years. All credit checks will be used for employment purposes only. Personal Subject Interview is scheduled at cunent job locatiOn. Education is not scheduled. Residence is covered by Personal coverage and Record search only for the most recent 3 years of the basic coverage period. Employment is not scheduled- Law Enforcement is covered by Record search only for locations within the basic coverage period and is scheduled Inquiry or Record search for related issue information shown on the case papers. Stateside Military Service is not scheduled. LIJ MARCH 2015 .omM-ocvc - w. . A yum 1' udic ad on ?uide?ines 6 Q. 4" For determming efigfbiifty for access to Ciassiffed Information. MARCH 2015 '2 far:- iih?: Waitmi gamma g?f?fig?? Fm?f?zr?mf :2 ?i {3f 313%:va 31mg Comd?a??: am}: gig)? gm"? ?mh? ?253 mm . mrug; 31? m?m?gmm?mi ?rm mtimxzaif mm Wrar?mam??w Biam?a: 554 {Ewan in ?ag-dsz Waistiw r2?: {Egg i 23 m3: if} ?3 Tm: mm: mm; 33". MARCH 2015 11% 14 13., 1. INTRODUCTION The following adjudicative guidelines are established for all United States Government civrlian and military personnel, consultants. contractors, employees of contractors, licensees, certi?cate holders or grantees and their employees and other individuals who require access to classified information. They apply to persons being considered for initial or continued eligibility for access to classi?ed informa?on, to include sensitive compartmented information and special access programs. and are to be used by government depardnents and agencies in all ?nal clearance determinations. I- THE PROCESS ware-r grim "an. i .- w. ?3 I: ?we "er- ?1.37; iraiaa? siZjiEi'zi?iQii ?lii?iiite: $12.3, -. e32}? alarmist; ne?aw?m a?Zi-a?i. Erhard Li's-Mil; .157;- dicated upon the is" meeting these personnel security guidelines. The adjudication process is the careful weighing of a number of variables known as the whole person concept. Available, reliable information about the person, past and present. favorable and unfavorable, should be considered in reaching a determination. In evaluating the relevance of an individual?s conduct. the adjudicator should consider the following factors: The nature, extent, and seriousness of the conduct; The circumstances surrounding the conduct. to include knowledgeable participation; (3) The frequency and recency of the conduct; (4) The individuals age and maturity at the time of the conduct; The voluntariness oi Earticipation: (6) The presence or absence of rehabilitation and other pertinent behavioral changes; (7) The motivation for the conduct; (8) The potential for pressure, coercion, exploitation, or duress; The likelihood of continuation or recurrence. MARCH 2015 4. 93} .2 9.2?33m .p t4 ffi?hr . ?will?? .3 33$} ?23w . ., .m .25? {was abfmh} it. . x: . .. 313ism. . a. . 2.3mm?.sz ?1:3 3 Ya 3.35.3.5?sgm3& of}. pawKafu?su. 3E . .5.) a; ?3 ?U?wwu$ . wh.rm..?37??wghm gm.? am .. 09855.. m? moans gangs? 5. on magmas 683.38. 1: 0? ma?a doww?on Am. m" $3053 83:3 .9 mmubnog 0035030me .3. 0. Boor?ooa?aumob? Am. QEUMSZM 3.. 03m Ecora?mbn if}? E. .w A A k3 as}. . .3 05 3:25 2.2 a? OEBEE Bunsen mace?1Q So?moz? .28 0:850 :9 guano 0%H5moamm05 60055055 . a . . .3 3% $1.39 mm. .r . a, 333% L. 3. . mama a. waww?. fig? . RH Tia . ii. (mi33.} ,Emi.? . .. . M234. Siowz?jja? U. h. AK erww 3v.? f. . A {Mimi kayo3:..313 .. .Saw? 2.3.3 .. wan?. {h ?.sz T. r? $.43 u. 5. a. 2.1. .x .. .. . ma?wamin?. ART. .3 ?(wk . Ma?m.38amy?ixa?. . gmxm?i?p raw 5 ., rwyt?. M3 (1 voluntarily reportedxhe information; . .. v" plan.rw 1N3 ig; $71-Au?- .7, 1w; TM: ?07 514;?; {Eli N. ,7 (we - w- 44. me.) 14;? u. m: meme v53; )5 5.3 3.3} . an?; a 0% low and. ;w am; poi; gm Hwy?; 45;; 15$ 1g. 3? 5 (4) resolved or appears liker Io favorably resolve the security concern; has demonstrated positive changes in behavior and employment; 16} should have his or her access ?temporarily suspended pending ?nal adjudication of the merma?on. - (I) If alter evaluating mfomra?on of security concern. the adjudicator decides that the information is not serious enough to warrant a recommendation of disapproval or revocation of the S?Curity clearance. it may be appropriate to recommend approval with a; that future incidents of a similar nature may result in revocation-pf access. MARCH 2015 Gum saw GUIDELINE A - . 3. The Concern. An individual must be of unquestioned allegiance to the United States. The willingness to safeguard classi?ed information is in doubt if there is any reason to suspect an individual's allegiance to the United States. 4. Conditions that could raise a security concern and maLbe disqualifying include: Involvement in any act? of sabotage, espionage, U?eason, terrorism, sedition, or other act whose aim is to overthrow the Govemment of the United States or alter the form of government by unconstitutional means; association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts; association or sympathy with persons or organizations that advocate the overthrow of the United States Government, or any state or subdivision, by force or violence or by other unconstitutional means; involvement in activities which unlawftu advocate or practice the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any state. 5. Conditions that could mitigate security concerns include: the individual was unaware of the unlawful aims of the individual or organization and severed ties upon learning of these; the individual?s involvement was only with the lawful or humanitarian aspects of such an organization; involvement in the above activities occumed {or only a short period of time and was attributable to curiosuy or academic interest; the person has had no recent involvement or association with such activities. MARCH 2015 GUIDELINE ?only ti;- . Mimi?s-f? 6. The Concern. A security risk may exist when an individual?s immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, in?uence, or obligation are not citizens of the United States or may be subject to duress. These situations could. create the potential for foreign in?uence that could result in the compromise of classi?ed information. Contacts with citizens of other countries or ?nancial interests in other countries are also relevant to security detenninations if they make an individual potentially vulnerable to coercion, _exploitation, or pressure. . 7. Conditions that could 'raise a securigr concern and Malay be disqualiijring include: An immediate family member. or a person to whom the individual has close ties of a?'ecu'on or obligahon, is a citizen of, or resident or present in, a foreign country; sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign in?uence or duress exists; (0) relatives, cohabitants, or associates who are connected with any foreign government: failing to report, where required, associations with foreign nationals; unauthorized association with a suspected or known collaborator or employee of a foreign intelligence service; conduct which ?may make the individual vulnerable to coercion exploitation, or pressure by a foreign government; indications that representatives or nationals from; a foreign country are acting to increase the Vulnerability of the individual to future exploitation, coercion or pressure; - a substantial ?nancial interest in a country, or in any foreign owned or operated business that could make the individual vulnerable to foreign in?uence. MARCH 2015 8. Conditions . could mitigate security cox-[Cetus include: A deESrmination that the immediate family member(s), (spouse, father, mother, sons, daughters, brothers, sisters) cohabitant, or associate(s) in question are not agents of foreign power or in a position to be exploited by a foreign power in a way that Could force the individual to choose between loyalty to the person[s) involved and the United States; contacts with foreign citizens are the result of of?cial U.S. Government business; contact and correspondence with ?foreign citizens are casual and A infrequent; the individual has complied with existing agency requirements regarding the reporting of contacts, requests, or d1reats__from persons or?organizations from a foreign country; '1 foreign ?nancial interests are minimal andnot suf?cient to affect thermdividual?s security responsibilities; MARCH 2015 GUIDELINE T2 '3 09 Fri? #37! 9. The Concern. When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States. 10. Conditions that could raise a. security concern and mav be disLualijging include: The exercise of dual citizenship; possession and /or use of a foreign passport; military service or a willingness to bear arms for a foreign country; accepting educational, medical, or other bene?ts, such as retirement and social welfare, from a foreign country; residence in a'foreign country to meet citizenship requirements; (0 using foreign citizenship to protect ?nancial or business interests in another country; seeking or holding political of?ce in the foreign country; voting in foreign elections; and performing or attempting to perform duties. or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States. 1 1. Conditions that could mitigate securitv concerns inciucle: Dual citizenship is based solely on parents? citizenship or birth in a foreign country; - indicators of possible foreign preference foreign service) occurred before obtaining United States citizenship; (0) activity is sanctioned by the United States; individual has expressed a willingness to renounce dual citizenship. MARCH 2015 GUIDELINE 12. The Concern. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitatiorx,_ or duress, or re?ects lack of judgment or discretion. 1Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a person?s eligibility for a security clearance. Conditions that could raise a security concern and. may be disqua??ring include: Sexual behavior of a criminal nature, whether or not the individual has been prosecuted; compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destructive or high-risk behavior or that which is of a personality disorder; [cl sexual behavior that causes an individual to be vulnerable to coercion, exploitanon, or duress; sexual behavior of a public nature and/ or that which re?ects lack of discretion or judgment 14. Conditions that could mitigate security concerns include: la] The behavior occurred during or prior to adolescence and there is no evidence of subsequent conduct of a similar nature; the behavior was not recent and there is no evidence of sub sequent conduct of a sirmlar nature; there is no other evidence of questionable judgment. irresponsibility, or emotional instability; the behavior no longer serves as a basis for coercion, exploitation: or duress. - ?The adjudicator should also consider guidelines pertaining to criminal conduct (Guideline and emotional. mental, and - personality disorders (Guideline I), in determining how to resolve the security concerns raised by sexual behavior. 9 MARCH 2015 15. untrustwm?thincss, unreliability, GUIDELINE Conduct involving questionable judgment, The concern. lack of candor, dishonesty or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classi?ed Mamet-ion.- The following will normally result in an unfavorable clearance action or administrative termination of further processing for clearance eligibilityRefusal to undergo or cooperate with required security processing, including medical and testing; refusal to complete required security forms, releases, or provide full. frank and truthful answers to lawful questions of investigators, security of?cials or other of?cial representatives in connection with a personnel security or trustworthiness determination. Conditions that could raise a secungr concern and may be disqualifying also include: Reliable, unfavorable information provided by associates, employers, coworkers, neighbors, and other acquaintances the deliberate omission, concealment, or falsi?cation of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment quali?cations. award bene?ts or status, determine security clearance eligibility or trustworthiness, or award ?duciary responsibilities; deliberately providing false or misleading information concerning relevant and material matters to an investigator, security of?cial, competent medical authority, or other of?cial representative in connection with a personnel security or trustworthiness determination; - personal conduct or concealment of informau'on that may increase an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which if known may alfect the person?s personal, professional, or community standing or render the person susceptible to blackmail; a pattern of dishonesty or rule violations include violation of any written or recorded agreement made between the individual and the agency; association with persons involved in criminal activity. is 10 MARCH 2015 17. Conditions that could mitigate security concerns include: The information vvas unsubstantiated or not pertinentto a determination of Judgment, trustworthiness, or reliability; the falsi?cation was an isolated incident, was not recent, and the individual has subsequently provided correct information voluntarily; the individual made prompt, good-faith efforts to correct the falsi?cation before being confronted with the facts; omission of material facts was caused or signi?cantly contributed to by improper or inadequate advice of authorized personnel, and the previously omitted information was and fully provided; . the individual has taken positive steps to signi?cantly reduce or eliminate vulnerability to coercion, exploitation, or duress; '1 a refusal to cooperate was based on advice from legal counsel or other of?cials that the individual was not required to comply with security processing requirements and, upon being made aware of the requirement, fully and truthfully provided the requested information; association with persons involved in criminal activities has ceased. 11 MARCH 2015 GUIDELIN 18. The Concern. An individual who is ?nancially overextended is at risk of having to engage in illegal acts to generate funds. Unexplained amuence is alien linked to proceeds from ?nancially pro?table criminal acts. 19. Conditions that could raise a security concern and may be disguay? gig' include: A history of not meeting ?nancial obligations; deceptive or illegal ?nancial practices such as embezzlement, employee theft, check fraud, income tax evasion, expense account fraud, ?ling deceptive loan statements, and other intentional ?nancial breaches of trust; inability or unwillingness to satisfy debts; unexplained af?uence financial problems that are linked to gambling, drug abuse, alcoholism, or other issues of security concern. 20. Conditions that could mitigate securitv concerns include: The behavior was not recent; it was an isolated incident; (0) the conditions that resulted in the behavior were largely beyond the person?s control loss of employment, 3. busmess downturn, unexpected medical emergency, or a death, divorce or separation]; the person has received or is receiving counseling for the problem and there are clear indications that the problem is being resolved or is under control; the af?uence resulted from a legal source; (0 the individual initiated a good-faith elfort to repay overdue creditors or otherwise resolve debts. 12 MARCH 2015 GUIDELINE 2 1. The Concern. Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness. 2'2. Conditions that could raise a securitv concern and may be dismialif?v'irg; include: Alcohol-related incidents away from work, such as driving while under the in?uence, ?ghting, child or spouse abuse, or other criminal incidents related to alcohol use; alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition. or drinking on the job; (0) diagnosis by a credentialed medical professional physician, clinical or of alcohol abuse or alcohol dependence; evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program; habitual or binge consumption of alcohol to the point of impaired judgment; (0 consumption of alcohol, subsequent to a diagnosis of alcoholism by a credentialed medical professional and following completion of an alcohol rehabilitation program 23. Conditions that could mitigate security concerns include: The alcohol related incidents do not indicate a pattern; the problem occurred a number of years ago and there is no indication of a recent problem; .. positive changes in behavior supportive of sobriety; following diagnosis of alcohol abuse or alcohol dependence, the individual has. successfully completed inpatient or outpatient rehabilitation along with aftercare requirements, participates frequently in meetings of Alcoholics Anonymous or a similar organization, has abstained from alcohol for a period of at least 12 months, and received a favorable prognosis by a credentialed medical professional, Or a licensed clinical social worker who is a ~staff member of a recognized alcohol treatment program. MARCH 2015 GUIDELINE 24. The Concern. Improper or illegal involvement with drugs, raises questions regarding an individual?s willingness or ability to protect classi?ed information. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classi?ed information. Drugs are de?ned as mood and behavior altering substances, and include: - (1) Drugs. materials, and other chemical compounds identi?ed and listed in the Controlled Substances Act of 1970, as amended marijuana or cannabis, depressants, narcotics, stimulants, and hallucinogens), ?0 (2) inhalants and other similar sub stances. Drug abuse is the illegal use of a drug or use of a legal drug in a manner that deviates from approved medical direction. 25. Conditions that could raise a security; concern and max be disqualifying include: Any drug abuse (see above definition); (bl illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution; diagnosis by a credentialed medical professional physician, clinical or of drug abuse or drug dependence: evaluation of drug abuse or drug dependence by a licensed clinical social worker who is a staff member of a recognized drug treatment program; failure to successfully complete a drug treatment program prescribed by a credentialed medical professional. Recent drug involvement, especially following the granting of a security clearance, or an expressed intent not to discontinue use, will almost invariably result in an unfavorable determination. 14 MARCH 2015 Conditions that could mitigate security concerns include: The drug involvement was not recent; the drug involvement was an isolated or aberrational event; a demonstrated intent not to abuse any drugs in the future; satisfactory completion of a prescribed drug treatmentprogram, including rehabilitation and aftercare requirements, Without recurrence of abuse, and a favorable prognosis by a credentialed medical professional. 15 MARCH 2015 GUIDELINE I 27. The Concern. Emotional, mental, and personality disorders can cause a signi?cant de?cit in an individual's social and occupational functioning. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. A credentialed mental health professional, clinical or employed by, acceptable to or approved by the government, should be utilized in emluating potentially disqualifying and mitigating information fully and properly, and particularly for consultation with the individual?s mental health care provider. - Conditions that could raise a security concern and may be disqualifying include: An opinion bya credentialed mental health professional that the individual has a condition or treatment that may indicate a defect in judgment, reliability, or stability; information that suggests that an individual has failed to follow appropriate medical advice relating to treatment of a condition, e.g. failure to take prescribed medication; a pattern of high-risk, irresponsible, aggressive, anti-social or emotionally unstable behavior; information that suggests that the individual's cur-rent behavior indicates a defect in his or her judgment or reliability. . . 29. Conditions that could mitigate security concerns include: There is no indication of a current problem; recent opinion by a credentialed mental health professional that an individual?s previous emotional, mental, or personality disorder is cured, under control or in'remission and has a low probability of recurrence or exacerbation; the past emotional instability was a temporary condition one caused by a death, illness, or marital breakup), the situation has been resolved, and the individual is no longer emotionally unstable. [6 MARCH 2015 GUIDELIN u??unf.? 30. The Concern. A history or pattern of criminal activity creates doubt about a person's judgment, reliability and-trustworthiness. Conditions that could raise a security concern and may be dismialii'ying include: Allegations or admissions of criminal conduct, regardless of whether the person was formally charged; a single serious crime or multiple lesser offenses. 32. Conditions that could mitgate security concerns include: The criminal behavior was not recent; the crime was an isolated incident; (0) the person was pressured or coerced into committing the act and those pressures are no longer present in that person?s hfe; (d the person did not voluntarily commit the act and/ or the factors leading to the violation are not likely to recur; (cl acquittal: there is clear evidence of successful rehabilitation. MARCH 2015 GUIDELINE 33. The Concern. Noncompliance with security regulations raises doubt about an individual?s trustworthiness, willingness and ability to- safeguard classi?ed infannation. - 34. Conditions that could raise a security_ concem and may be disguam' include: unauthorized disclosure of classi?ed infonnation; violations that are deliberate or multiple or due to negligence. Conditions that could mitigate security concerns include actions that: Were inadvertent; were isolated or infrequent; were due to improper or inadequate training; demonstrate a positive attitude towards the discharge of security responsibilities. - 18 MARCH 2015 GUIDELIN 36. The Concern. Involvement in certain types of outside employment or activities is of security concern if it poses a. con?ict with an individual?s security responsibilities and could create an increased risk of unauthorized disclosure of classi?ed infomation. Conditions that could raise a security concern and may be disgualifzing include; any servicegvhether compensated, volunteer, or employment with a foreign country; any foreign national; {c a representative of any foreign interest; any foreign, domestic. or intemational organization or person engaged in analysis, discussion, or publication of material on intelligence, defense, foreign affairs, or protected technology. 38. Conditions that could mitigate se cuth concerns include: Evaluation of the outside employment or activity indicates that it does not pose a con?ict with an individual?s security responsibilities; the. individual terminates the employment or discontinues the upon bemg noti?ed that it is in con?ict with his or her security responsibilities. [9 MARCH 2015 GUIDELINE MISUSE OF INFORMATION TECHNOLOGY 39. The Concern. Noncompliance with rules, procedures, guidelines or regulations pertaining to information technology systems may raise security concerns about an individual?s trustworthiness, willingness, and ability to properly, protect classi?ed systems, networks, and information. Information Technology Systems include all related equipment used for the, communication, transmission, processing, manipulation, and storage of classi?ed or sensitive information. 40. Conditions that could raise a security concern and may be disqualifying include: Illegal or unauthorized entry into any information technology system; [bl illegal or unauthorized modi?cation, destruction, manipulation, or denial of access to information residing on an information technology system; removal (or use) of hardware, software or media from any information technology system without authorization. when speci?cally prohibited by rules, procedures, guidelines or regulations; introduction of hardware, software or media into any information technology system without authorization, when speci?cally prohibited by rules, procedures, guidelines or regulations; 41. Conditions that could mitigate security concerns include: The misuse was not recent or signi?cant; the conduct was unintentional or inadvertent; the introduction or removal of media was authorized; the misuse was an isolated event; the misuse was followed by a prompt, good faith to correct the situation. 20 MARCH 2015 Attachment MARCH 2015 EMPLOYMENT VOUCHERING FORM (the applicant) is seeking employment with (the contractor). Because of the critical responsibilities required, we select only those individuals meeting the highest standards of personal conduct and employment quali?cations. Your assistance is needed in the selection process to ensure that we employ only the best candidates. If you have ever had an employment association with the applicant, please respond to all questions and provide speci?c information ?'om the applicant?s employment ?le. 1. Date the applicant was hired by your company/agency: 2. Date terminated: 3. Reason for termination: 4. To your knowledge, has this person ever been discharged, suspended, demoted, or resigned after being told his/her conduct or work was unsatisfactory? (If yes, was he/she noti?ed of the reason?) 5. Were you the applicant?s supervisor? Yes No If so, how long have you supervised the applicant? 6. How would you assess the applicant?s work performance? 7. Was the applicant dependable in his/her work attendance? (If not, please explain) MARCH 2015 8. Would you rehire this person? (If answer is no, please explain) Yes No 9. How would you describe the applicant?s use of alcoholic beverages? 10. Has the applicant ever used illegal drugs, including marijuana? Yes No 11. To your knowledge, has the applicant ever been arrested? (If yes, please explain) Yes No 12. Do you have any reason to question the applicant?s honesty or integrity? Yes No 13. Do you have any reason to doubt the applicant?s loyalty to the United States? (If yes, please explain) Yes No 14. Do you have any reason to believe that this person has associated with any individuals or organizations that are involved in criminal activity or other conduct prejudicial to the Government? (If yes, please explain) Yes No MARCH 2015 15. Has the applicant been delinquent in meeting his/her ?nancial obligations? Yes No 16. Do you know of any behavior, activities or associations which indicate that the applicant is not reliable, honest, trustworthy and of good conduct and character? (If yes, please explain) Yes No 17. Does this person have the ability to: A. Express themselves well orally and in writing? Yes No B. Work effectively under pressure? Yes No C. Carryout assignments and meet deadlines? Yes No 18. Would you recommend this person for a sensitive position with . (name of the contractor)? lfthe answer is no, please explain. Remarks and/or Additional Information (Please check on of the following): The information that I have provided, including my identity, can be disclosed to the applicant identi?ed above if lie/she so requests. e" . have provided the above information under a pledge of confidence that my identity will MARCH 2015 Attachment MARCH 2015 U.S. Department of Justice United States Marshals Service United States Marshals Service PRISONER MEDICAL FORMULARY Prisoner Services Division Of?ce of lnteragency Medical Services (202) 307-5100 It is the policy of the USMS to ensure that all USMS prisoners receive medically necessary health care while at the same time ensuring that federal funds are not expended for unnecessary or unauthorized health care services. The USMS has authority (upon the recommendation of a competent medical authority or physician) to acquire and pay for reasonable and medically necessary care to ensure the well-being of all USMS prisoners. It is, however, NOT the policy of the USMS to provide either elective or preventative medical care. Prisoners in the custody of the USMS are usually in USMS custody for a short period of time during their pretrial and trial phase. Many medically appropriate, non-emergency procedures can and should be delayed until after the prisoner?s judicial status is resolved, as long as there is no health risk to the prisoner. The contractor is responsible for the cost of all health care that is provided at the contract detention facility. The purpose of this brochure is to identify the categories of formulary medications that must be provided to prisoners within the cost of the per diem rate. The contractor shall provide formulary medications at no cost to the prisoners. The cost of non-formulary medications provided to prisoners will be borne by the Contract District. The contractor shall submit bills for non-formulary medications to the Contract District for review and payment. Questions regarding this brochure or its contents may be addressed to the USMS Of?ce of lnteragency Medical Services at (202) 307-5100. 1. Nutritionals Vitamins and other nutritional replacement products? 2. Blood Modi?ers Ferrous Sulfate Phytonadione (Vitamin K) Anticoagulants and other blood modi?ers.? 3. Hormones Cortisone Hydrocortisone Dexamethasone Prednisone Methyl prednisone MARCH 2015 Triamcinolone Insulin Giyburide (sulfonylurea) Glucagon Metformin Levothyroxine 4. Cardiovasculars Chlorothiazide Furosemide Hydrochlortiazide Digitoxin Digitoxin Nitrogiycerin Quinidine Procainamide Propanolol Bre?ium Verapamil Lidocaine Nifedipine Isoproterenol Ephedrine Atenolol Esmolol Clonidine Reserpine Prazosin Hydralazine 5. Respiratories Albuterol Theophyline Dexamethasone Pseudoephedrine (Benadryl) Chlorpheniramine Maleate Promethazine Dextramethorphan 6. CNS Drugs Aspirin Ibuprofen Ketorolac Codeine Morphine Acetaminophen MARCH 2015 Phenobarbital Diazepam Carbamazepine Amitrityline Fluoexetine Chlorpromazine Haloperidol Lithium Meclizine Hydroxyzine Doxepin Phenytoin Clonazepam Magnesium Sulfate 7. Gastrointestinals Sodium Bicarbonate Magnesia Aluminum Hydroxide Atropine Cimetidine Ranitidine Biscodyl Docusate Inperamide 8. Anti-infectives Amoxicillin Amoxicillin and Potassium Clavulanate Penicillin (injection) Penicillin (tablets) Cephadrine Cipro?oxacin Dicloxacillin Doxycyeline Sulfamethoxazole and Trimethoprim Cephalexin Teracycline Streptomycin Isoniazid Rifampin Metronidazole Nystatin Griseofulvin 9. Biologicals MARCH 2015 Tetanus Immune Clobulin Hepatitis Vaccine Diptheria, Tetanus, Pertussis Vaccine Poliovirus Measles, Mumps Rubella Vaccine In?uenza Virus Vaccine 10. Topicals Epinephrine Levobulanol 11. AntineOplastics* 12. Miscellaneous Nalaxone Disul?ram Immunosuppressive medications.* The contractor must obtain the approval of the US. Marshals Service Of?ce of Interagency Medical Services prior to providing these medications to USMS prisoners. MARCH 2015 Attachment MARCH 2015 x' 5231.05 Iot?l3 PS 5251.05 WORK AND PERFORMANCE PAY PROGRAM, INMATE DIRECTIVE AFFECTED: 5251.05 CHANGE NOTICE NUMBER: 5251.05 DATE: 12131l98 1. PURPOSE AND SCOPE. To incorporate an Executive Staff decision and Review of Function Initiative into the Program Statement on Inmate Work and Performance Pay Program. 2. SUMMARY OF CHANGES. This revision modi?es inmate work procedures. Speci?cally. the revised text instructs staff to complete quarterly work evaluations for inmates whose work performance is "above average.? work evaluations are still required for all other inmates whose work performance is "average or below average." All inmates will continue to be paid based on grade assignment and number of hours worked. 3. ACTION. File this Change Notice in front of the Program Statement on Inmate Work and Performance Pay Program. Isl Kathleen Hawk Sawyer Director OPI: CPD NUMBER: 5251.05 DATE: 12/31/98 SUBJECT: Inmate Work and Performance Pay Rules Effective Date: 12/7/98 [Bracketed Bold- Rules] Regular Type Implementing Information 1. AND SCOPE ?545.20 a. The Bureau of Prisons operates an inmate work program within its institutions. To the extent practicable, the work program: (1) Reduces inmate idleness, while allowing the inmate to improve andlor develop useful job skills, work habits, and experiences that will assist in post-release employment: and (2) Ensures that activities necessary to malntain the day- to-day operation of the Institution are completed. Sentenced Inmates who are physically and mentally able to work are required to 0705:1001 0:54 PN MARCH 2015 5251.05 20f 3 Imp participate in the work program. When approved by the Warden or designee, drug treatment programming. education, or vocational training may be substituted for all or part of the work program. b. The Warden may recognize an inmate's work performance or productive participation in speci?ed correctional programs by granting performance pay.] 2. PROGRAM OBJECTIVES. The expected results of this program are: a. Each physically and mentally able inmate will be assigned to a work program and perform a work activity that contributes to the orderly operation of the institution. b. Necessary institution operations and services will be improved through the use of inmate work. 0. inmate work performance will be evaluated and the evaluation will form the basis for awarding Performance Pay. d. Inmates who work well or othenNise successfully participate in self improvement programs, will receive monetary awards and other recognition. e. Inmate idleness and disciplinary code violations resulting from inactivity will be reduced. f. inmate job skills, work habits. and marketability upon release will be improved, increasing the likelihood of successful post-release employment. 3. DIRECTIVES AFFECTED a. Directive Rescinded PS 5251-04 inmate Work and Performance Pay Program (1111196) b. Directives Referenced PS 1040.03 Non-Discrimination Toward inmates (416194) PS 1600.07 OCCUpational Safety and Environmental Health (5130196) PS 5215.04 Youth Corrections Act (Y CA) Inmates (9123193) PS 5300.18 Occupational Education Programs (12123196) PS 5300.17 Education. Training. and Leisure Time Program Standards (9/4/96) PS 5322.10 Classi?cation and Program Review of inmates (914196) PS 5324.03 Suicide Prevention Program (513195) PS 5330.10 Drug Abuse Programs Manual, Inmate (5125195) PS 5350.25 Literacy Program (GED standard) (9129197) PS 5380.05 Financial Responsibility Program, inmate (12122195) PS 7331.03 Pretrial Inmates (11122194) PS 8120.01 FPI Work Programs for inmates (3127195) 0. Rules cited in this Program Statement are contained in 28 CFR 545.20-31 and in 28 CFR 39.103. 4. STANDARDS REFERENCED 0712512001 i254 PM MARCH 2015 SISI .05 30f13 l_05.html a. American Correctional Association 3rd Edition Standards for Adult Correctional Institutions: 34265, 34394. 3?4395, 3-4396, 3439?. 13-4398. 3-4400, 3-4403. 13-4404, 3440? b. American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-3E-04. 3-ALDF-5A-02. 3-ALDF-5A-O4, 3-ALDF-5A-05. 3-ALDF-5A-06, 3-ALDF-5A-07. 3-ALDF-5A-09, 3-ALDF-5A-10, 3-ALDF-5A-13. 3-ALDF-5A-19 0. American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: d. American Correctional Association Standards for Adult Correctional Boot Camp Programs: 1-ABC-3D-04. 1-ABC-5A-01, 1-ABC-5A-O3. 1-ABC-5A-07. 1-ABC-5A-O7 5. PRETRIAUHOLDOVER DETAINEE PROCEDURES. Procedures speci?ed in this Program Statement do not apply to pretrial and INS Detainees. unless the inmate waives his or her right not to work. The handling of holdover inmates in regard to the Inmate Work and Performance Pay Program shall be addressed in the Institution Supplement at the Warden's discretion. Additional information regarding the management of these inmates is contained in the Program Statement on Pretrial Inmates. 6. ?545.21 a. Physically and Mentally Able. For purposes of this rule, this shall include inmates with disabilities who. with or without reasonable accommodation, can perionn the essential function of the work assignment] A more comprehensive de?nition of a physically and mentally able inmate is contained within 28 CFR 39.103. Institution Work Assignment. A work assignment which contributes to the day-to-day operation of the institution (e.g.,.carpentry, plumbing, food service). c. Industry Assignment. A Federal Prison Industries work assignment. d. Commissary Assignment. A Trust Fund work assignment. e. Full-Time Work Assignment. A work assignment to which an inmate is assigned for the entire scheduled work day. f. Part-Time Work Assignment. A work assignment to which an inmate is assigned for only a portion of the scheduled work day. Part-time work assignments are ordinarily made in conjunction with drug treatment programming, education, andlor vocational training programs. 9. Medically Unassigned. An inmate who, because of medical restrictions. is unable to be assigned to any work program. h. Light Duty Work Assignment. A work assignment in which an inmate may. because of physical limitations, temporary or otherwise, only perform limited work functions. 0705f200! [2:54 MARCH 2015 5251.05 lofl3 l__05.html sedentary work, no prolonged standing, no lifting over 25 lbs., etc.]. 7. WORK AND PERFORMANCE PAY COMMITTEE $3545.22 a. The Warden at each Bureau of Prisons institution is to establish an Institution inmate Work and Performance Pay Committee to administer the Institution's work and performance pay program. The Committee is to be comprised of an Associate Warden, the Inmate Performance Pay Coordinator. and any other member(s) the Warden considers appropriate.] The Warden shall appoint an Inmate Performance Pay Coordinator (IPPC) who is a full-time employee. and who ordinarily serves at a department head level. The institution Controller shall normally serve as either the IPPC or as a committee member. The Committee is responsible for approving the following aspects of the institution's inmate work and performance pay program: (1) Number of inmates on each work detail; (2) Number of pay grades in each detail; (3) Job descriptions; (4) Performance standards; (5) Budgeting for special act awards; and, (6) Bonus payispecial bonus pay procedures.) The Inmate Work and Performance Pay Committee ensures that the institution complies with all Program Statement requirements. 8. WORKIPROGRAM ASSIGNMENT ?545.23 a. Each sentenced inmate who is physically and mentally able is to be assigned to an institutional, industrial, or commissary work program. Exception shall be made to allow for inmate participation in an education, vocational. or drug abuse treatment program, on either a full or part-time basis, where this involvement is mandated by Bureau policy or statute (for example, the Literacy Program). Where such participation is not required by either policy or statute, exception may be made to allow an inmate to participate in an education, vocational, or drug abuse treatment program rather than work full-time upon the request of the Inmate and approval of the Warden or designee.] The inmate's unit classi?cation team ordinarily makes work and program assignments. A pretrial inmate may not be required to work in any assignment or area other than housekeeping tasks in the inmate's own cell and in the community living area. unless the pretrial inmate has signed a waiver of his or her right not to work (see 28 CFR part 551, subpart 28 CFR part 551. Subpart is referenced in the Program Statement on Pretrial Inmates. . Although pretrial inmates are not required to work. an option is available to them via the Prrson System Pretrial Inmate Work Waiver/Notice of Separation farm (BF-8203) (Attachment A) In the Program Statement on Pretrial Inmates. 07350001 12:54 PB MARCH 2015 5251.05 (nf'l?i l_05.html Medically unassigned inmates may be required, to the extent medically possible, to perform housekeeping tasks in the inmate's own cell and in the community living area. d. In making the work andlor program assignmen?s), staff shall consider the inmate's capacity to learn, interests, requests, needs, and eligibility, and the availability of the assignmen?s). An inmate's assignment shall be made with consideration of the institution's security and operational needs, and should be consistent with the safekeeping of the inmate and protection of the public.] Inmates shall be selected and assigned to industrial programs in accord with the Program Statement on Work Programs for Inmates. Appropriate work assignments for otherwise quali?ed inmates with disabilities who, with or without reasonable accommodation, can perform the essential functions of an available work assignment are not to be denied such an assignment solely on the basis of the disability. Staff shall not discriminate against or preclude quali?ed inmates with a disability from participating in work programs. The inmate's safety and ability to function satisfactorily at a particular work assignment, however, must be considered. Staff may not discriminate against an inmate on the basis of race, religion, sex, national origin, disability, or political belief. 9. WORK CONDITIONS ?545.24 a. The scheduled work day for an inmate in a federal institution ordinarily consists of a minimum of seven hours. b. An inmate is expected to report to the place of assignment at the required time. An inmate may not leave an assignment without permission. c. An inmate, regardless of assignment, is expected to perform all assigned tasks diligently and conscientiously. Disciplinary action may be taken against an inmate who refuses to work, who otherwise evades attendance and performance standards in assigned activities, or who encourages others to do so. d. Work, vocational, and education programs are to meet the appropriate minimum standards for health and safety. Safety equipment is to be available where needed.) Quali?ed staff (for example, the work supervisor) are to make weekly health and safety inspections of work, vocational, and education program areas. The Safety Officer is to make a inspection of these areas. An inmate is expected to perform the work assignment in a safe manner, using safety equipment as instructed by the work supervisor. In the event of any work related injury, the inmate shall notify the work supervisor so that appropriate action (for example, medical attention. and submission of necessary reports) may be taken.] See the Program Statement on OccupationalSafety and Environmental Health for further information. omsrzom 12:54 Hi MARCH 2015 i 525L05 ?nrn l_05.html 10. FOR PERFORMANCE PAY 5545.25 An inmate may receive performance pay for accomplishments in one or more of the following areas: (1) Institution work assignment;] An inmate assigned to an industrial work program does not receive Performance Pay but is paid in accordance with established Federal Prison industries (FPI) pay grades (see the Program Statement on FPI Work Programs for Inmates). An inmate assigned to an FPI work program who additionally participates in a non-industrial work assignment or program. and does not receive FPI pay for this participation. is eligible for Performance Pay. An inmate may not receive both pay and Performance Pay for the same activity. Inmates selected as suicide companions shall receive Performance Pay for time spent monitoring a potentially suicidal inmate. Literacy program (GED) participation:] The Program Statement on the Literacy Program (GED Standard) identi?es the educational standard to promote an inmate above Grade 4 Performance Pay level. Apprenticeship training; and] An inmate may receive Performance Pay for involvement in an apprenticeship training program. An inmate whose performance in apprenticeship training meets the institution's criteria for Performance Pay may not be excluded from receiving Performance Pay just because the inmate is in apprenticeship training rather than a more traditional institution work assignment. The intent is to encourage inmates to participate in vocational training activities. The Superintendent of Industries or the relevant department head. after consulting with the Supervisor of Education,_ shall determine the rate of pay. For apprenticeship programs,-an inmate may receive Performance Pay for classroom training that is relevant to, but not a part of. the work assignment. An inmate participating in other non-industries apprenticeship programs may be awarded Performance Pay for both the classroom and trades skill training components of the program. in accordance with the institution's regular Performance Pay system. Vocational training courses (approved by the Bureau of Prisons as certified vocational training instruction). b. An inmate is eligible for performance pay from the date of work or program assignment. An inmate is eligible to receive performance pay for each month that the inmate's performance justi?es such payment] Performance Pay awards are to be granted to reward work performance and/or program progress. An inmate may not be denied Performance Pay because of withheld. forfeited. or disallowed good time. An inmate who refuses to participate in the ?nancial responsibility program shall not 07f25f2001 12:54 PB MARCH 2015 525 .05 l_05 ordinarily receive performance pay above the maintenance pay level, or bonus pay, or vacation pay in accordance with 28 CFR part 545, subpart 28 CFR part 545, subpart refers to the Program Statement on the Inmate Financial Responsibility Program. An inmate who refuses participation, withdraws, is expelled, or otherwise fails attendance or examination requirements of the drug abuse education course shall be held at the lowest pay grade (Grade 11. PAY PROVISIONS ?545.26 a. The Warden shall ensure that all institution work assignments have standardized work descriptions. Each inmate work position is assigned one of four pay grade levels. Factors to consider in assigning a grade level to the speci?c work position include the position's educational and vocational requirements, physical demands, working conditions (exposed to dusts, odors, etc.), and the degree of responsibility held by the inmate worker. The inmate assigned to a speci?c work position shall sign, and, if requested, receive a copy of, that position description.] The Warden ordinarily assigns an Associate Warden to ensure standard job descriptions are developed. The Inmate Position Description Standards (BF-8574) (Attachment A) provides the format to be used for these job descriptions. The department head, with input from the work assignment supervisor, recommends a grade for each inmate work assignment position. The Performance Pay Committee must approve the job description and grade assignment. The IPPC shall maintain all approved position descriptions. An inmate work assignment's pay grade is based on the degree of skill and supervision required for the position and the position's impact on the institution compared with other inmate work assignments. For example. a Grade 1 position must be a skilled position which has institution-wide impact and requires minimal supervision. Grades 2 through 4 require lower skill levels, greater supervision, and have less impact on the institution. Some details may have several pay Grade 1 inmates. while other details may not have any pay Grade 1 positions. Maintenance Pay may be used as temporary compensation for inmates who perform satisfactory work but. due to overcrowded conditions. are assigned to work details in excess of their allotted inmate work positions. Ordinarily, Maintenance Pay should be a ?at rate, payable when an inmate has worked two weeks or more on a job assignment. If the inmate has worked on a Maintenance Pay job assignment for less than two weeks. it should be prorated based on the number of hours worked for a particular week. in recognition of budgetary constraints and for the effective management of the overall performance pay program, the percentage of inmates assigned to each grade level is approximately as follows (Grade 1 is highest pay): Grade 1 - 5% of the institution's allotted inmate work assignments; Grade 2 - 15% of the institution's allotted inmate work assignments; 12:54 PL MARCH 2015 5251.05 lot 13 grade ii an 351% a? the stirs-tied inmate were; assignments: Grade 4 - 55% of the institution's allotted inmate work assignments. c. An inmate may receive performance pay only for that portion of the month that the inmate was working. Performance pay may not be awarded retroaotivelyJ The effective date of the award shall be the date of approval. Ordinarily, pay periods shall be set by the calendar month (?rst to last day). An inmate is eligible to receive performance pay only for those hours during which the inmate is actually performing satisfactory work or actively participating in an education or vocational training program. Absences from an inmate's scheduled assignment for such reasons as call-outs, visits, sick call, interviews. or making telephone calls shall be deducted from the number of hours worked and will accordingly reduce the amount of pay received by the inmate. Any exception to such reduction in pay must be approved by the Assistant Director, Correctional Programs Division. Central Of?ce.] The work assignment supervisor shall use the Performance Pay Daily Record (Attachment B) to accurately record the actual number of hours (including partial hours) each inmate works or participates in the assigned program. An example of an exception case might include participation in a large scale research project (requiring scheduled call outs for inmate-subjects) that bene?ts the Bureau or the community. In this circumstance, Wardens are to provide a memorandum to their Regional Directors with a rationale for exempting an inmate(s) from Performance Pay reduction procedures. if the Regional Director approves the exception, the Warden?s memorandum and the Regional Director's comments should be provided to the Assistant Director. Correctional Programs Division, Central Of?ce for review and a decision. Work Evaluation. (1) At the end of each month the work detaiilprogram supervisor shall compute the hours worked by the inmate and the pay to be awarded for that month.] The work assignment supervisor shall record the or quarterly work evaluation through the Work Performance Rating form (BF-8324) (Attachment C). Unit staff shall purge the BP-S324 after evaluation information has been incorporated into the inmate?s Progress Report. reports are required for inmates whose work performance is average or below regardless of institution location or status. An inmate shall receive performance pay only for those hours during which the inmate is actively participating in a work assignment or an educationlvocational program. (3) The work detailiprogram supervisor shall rate the inmate's performance in each of several categories on a basis when the inmate's work performance is average or below average or on a quarterly basis when the inmate's work performance is above average. For example, an inmate may be rated in such categories as quality of work, quantity of work, initiativ?arabliity to learn. dependability. response to and 07/251200! 12:54 Piv MARCH 2015 i 525L05 9ofl3 I_05.html instruction, safety and care of equipment, ability to work with others, and overall job pro?ciency. Any exception to the work performance evaluation procedures cited in this paragraph requires approval of the Assistant Director, Correctional Programs Division, Central Of?ce. The work detail/program supervisor shall review the evaluation with the inmate. The supervisor shall request that the inmate sign the evaluation form. if the inmate refuses to sign the form. the supervisor shall note this refusal on the evaluation and, if known, the reasons for refusal.] Each staff supervisor shall monitor and evaluate the work performance of each inmate assigned to the detail. If the inmate's work performance is satisfactory. the hourly rate established for that grade shall apply. Inmates are to receive Performance Pay only for satisfactory work performance, and not receive it for just "being on the job." The work assignment supervisor fomards Work Performance Rating forms to the department head for approval and consolidation into the department's Performance Pay payroll. After payroll consolidation, the forms shall be forwarded to unit teams for placement in the inmate Central File. Bonus Pay. When the supervisor of an inmate worker or program participant believes the inmate has made exceptional accomplishments or appreciably contributed to the work assignment, the supervisor may recommend that the inmate receive a bonus. For example, an inmate who works in excess of the scheduled work day can qualify for bonus pay. Written justi?cation for the bonus request must be forwarded to the Department Head for approval.] Bonus Pay may be awarded to an inmate at any grade level. An inmate who refuses to participate in the Inmate Financial Responsibility Program may not ordinarily receive Bonus Pay. The bonus may not exceed one-half of the inmate's pay. A recommendation for Bonus Pay is made by the work assignment supervisor. Bonus Pay is provided to inmates through department Performance Pay savings. Special Bonus Pay. An inmate may receive special bonus pay based on the inmate's exceptional work in a temporary job assignment. provided this assignment has been previously?identi?ed by the Warden, and approved by the Regional Director, as critical to the institution. When the supervisor of an inmate worker assigned to this temporary job assignment believes the inmate has performed exceptionally well, the supervisor may recommend that the inmate receive a special bonus. Written justification for the special bonus request must be forwarded to the Department Head for approval.] An inmate may not receive both Bonus Pay and Special Bonus'Pay at the same time. Ordinarily. an inmate who refuses to participate in the inmate Financral Responsrbiirty Program may not receive Special Bonus Pay. Special Bonus Pay may not exceed the inmate's pay. Special Bonus Pay for a critical position is de?ned as one that has institution-wide or system-Wide impact or is highly technical. The Warden may identify a limited number of critical positions for Special Bonus Pay. and must obtain the Regional Director?s approval for these positions. 07/25f200l 12:54 PM MARCH 2015 3 5251.05 ID of 13 I__05.html An inmate's performance pay. once earned, becomes vested. i. Each inmate in performance pay status shall be noti?ed of earnings] 12. PERFORMANCE PAY RATES. The Assistant Director. Correctional Programs Division shall issue an Operations Memorandum periodically announcing hourly rates for Performance Pay. The rate shall remain in effect, regardless of the Operations Memorandum's expiration date, until a new rate is announced. 13. VACATIONS ?545.27 a. An inmate who has worked full-time for 12 consecutive months on an institution work assignment is eligible to take a ?ve-day paid vacation at the inmate's prevailing hourly rate. A recommendation for an inmate to receive vacation credit is made by the inmate's work supervisor, through the Department Head, to the Unit Team, who shall approve the request if the inmate's work performance quali?es for vacation credit] It is not necessary for an inmate to work on the same work detail for 12 consecutive months to be eligible for a ?ve-day paid vacation. Ordinarily, an inmate who refuses to participate in the Inmate Financial Responsibility Program is not permitted Vacation Pay. Staff shall schedule an inmate's vacation so it is compatible with shop production and administrative support requirements. c. The Warden or designee may authorize an inmate to accumulate vacation credit when: (1) The inmate is transferred to another institution for the benefit of the government or because of the inmate's favorable adjustment (custody reduction): or (2) The inmate is placed in a new work assignment in the institution for the bene?t of the government or institution, rather than scler at the inmate's request or because of the inmate's poor performance or adverse behavior.] 14. AWARDS ?545.28 a. With prior approval of the Education Department. each inmate who completes the Literacy program, Vocational Training. or related trades classroom work that is part of a certi?ed apprenticeship program may be granted an achievement award from performance pay funds. b. With prior approval of the Services Department, each inmate who is making satisfactory progress or completes a residential drug treatment program may also be granted an achievement award from performance pay funds] The Program Statement on Education, Training, and Leisure Time Program Standards describes program completion requirements for Literacy programs. including Engiish-as-a-Second-Language. and related trades programs. Prior to enrolling an inmate in 12:54 PL MARCH 2015 5251.05 llofl3 any of these programs. education staff shall determine. and advise the inmate and the unit team. if completion of the program will qualify the inmate for an Achievement Award. The Supervisor of Education approves Achievement AWards upon the inmate's satisfactory completion of the program. The amount of the award may not exceed $25.00. Education staff are to notify the unit team when the inmate completes the program. The Drug Abuse Programs Manual describes program completion requirements for inmates in residential drug treatment programs. Each residential program should advise the inmate of the criteria to be considered for an Achievement Award. The Drug Abuse Treatment Coordinator shall complete the necessary requests for award payments. and for returning them to the Business Of?ce. For inmates with an Refuse" assignment refer to the Inmate Financial Responsibility Program Statement for limitations, guidelines. and eligible criteria. 15. PROCESSING OF PERFORMANCE PAY a. A iist shall be prepared to provide the names of all inmates approved for Performance Pay. This iist must include: name, register number. hours of satisfactory performance. hourly amount paid or pay grade. bonus paid. special bonus paid. and. total amount paid. It is not necessary to include institutional assignment. release date, or other information. Each department head shall fonivard the department's list to the IPPC. b. The Warden shall certify that the inmates listed are eligible to receive Performance Pay. The certi?ed original of this list shall be sent to the institution Controller for posting to the inmate?s account. c. Inmates receiving Performance Pay are to'be paid Performance Pay is ordinarily posted to an inmate's trust fund account within 10 working days of the closing of the pay period. 16. AWARDS ?545.29 a. Inmates who perform exceptional services not ordinarily a part of the inmate's regular assignment may be granted a special award regardless of the inmate's work or program status. Examples of actions which may result in the inmate being considered for a special award are the following: (1) An act of heroism: (2) Voluntary acceptance and satisfactory performance of an unusually hazardous assignment; (3) An act which protects the lives of employees or inmates. or the property of the 071250001 12:54 PM MARCH 2015 5251.05 [2 of [3 United States. (This does not apply to informants); (4) Suggestions which result in substantial improvements or cost-savings in institutional programs or operations; and (5) Other exceptionally meritorious or outstanding services consistent with the general character of the preceding cases. b. The special award may be given in the form of a monetary payment in addition to any other award extra good time) given. c. The Warden of each institution is empowered to approve special awards not exceeding $150. Awards in excess of this amount may not be made unless approved by the Regional Director.] The Monetary Special Award Recommendation form (BF-8576) (Attachment D) provides the format for use in processing a monetary special award. The Extra Good Time Recommendation form (BP-SSQO) (Attachment E), shall be used when awarding extra good time. 17. DUE DECEASED INMATES ?545.30. Funds due a deceased inmate for work performed and not yet paid shall be made to a legal representative of the inmate's estate or in accordance with the laws of descent and distribution of the state of the inmate's domicile.] 18. ?545.31. The Warden shall ensure that staff receive training on their roles in, and on the operation of, the work and performance pay program. The Warden shall also ensure that the inmate population is informed of the work and performance pay program, and of the hourly rates paid to inmate workers.] 19. ANNUAL INTERNAL REVIEW. The Institution Work and Performance Pay Committee is to ensure an internal review is conducted annually on the institution's total Performance Pay procedures. 20. INSTITUTION SUPPLEMENT. Each Warden shall develop an Institution Supplement to establish local procedures for implementing and evaluating the Inmate Work and Performance Pay Program. The Institution Supplement shall include, at a minimum, the following: a. Membership and organization of the Inmate Work and Performance Pay Committee; b. Designation of the Inmate Performance Pay Coordinator; 0. Procedures to ensure the development of position description; d. Procedures to pay inmates released before the end of the posting period; e. Establish time frames for submitting each department's Performance Pay to the Inmate Performance Pay Coordinator for review; and. f. Identify procedures for the handling of long-term holdover inmates in regards to the Inmate OTDSIZOOI 12:54 PIV MARCH 2015 i 525 .05 haul Work and Performance Pay Program A copy of the Institution Supplement is to be forwarded to the Regional Correctional Programs Administrator for review and approval before issuance. Isl Kathleen Hawk Sawyer Director Please access the latest issuanCe of BOPDOCS for Form BP- 8574.52. POSITION DESCRIPTION AND STANDARDSPlease access the latest issuance of BOPDOCS for Form BP- 8575.052, PERFORMANCE PAY DAILY RECORD - INMATEPlease access the latest issuance of BOPDOCS for Form BP-S324.052 WORK PERFORMANCE RATING - INMATE. Please access the latest issuance of BOPDOCS for Form BP-8576.052, MONETARY SPECIAL AWARD RECOMMENDATION - INMATE. Please access the latest issuacne of BOPDOCS for Form BP-8390.058, EXTRA GOOD TIME RECOMMENDATION. l3ofl3 07050.00l 12:54? MARCH 2015 Attachment MARCH 2015 JUL-26-2966 14:07 .13 INTEI GENCE 2?32. 33. . - Faknd Bunauxn (nuns La - Numb-er 123406251} Date Scotcebcr I7. 1330 Subject Innate vertormonce Rate Memorandum (mum, .. evtembcr 30 1991 ?l?u adviso.each Hold location or a 5 percent IlujrvaYsO in innate pertomance pay hourly rates Wm Program Stetenent 5251.2, Innate Hork and Pay Program. 4- ?acquoung: The Chief ExecutiVe officers of each Bureau of Prisons tacility may recognize an inmate?s work performance or productive participation in specified correctional proqrnus by granting pay. The Executive Staff recently approved a proposal to increase innate pertonanoc pay by 5 percent, comnsurate uith the 5 percent increace in UNICOR pay. Therefore, the innate pertonance pay rates tor FY 1991 are as follows: Grade 1 40 Grade 2 ?23 Grade 3 17 Grade 12 e. W: neintenance pay is designed as temporary compensation tor those inmates me are perfominq saLisfac-tory work, but due to overcrowding conditions are assiqrmd In and. details in excess of the detail?s allotted inmatc Uhrk positions. Maintenance Fey is 4 taLu peyablu and is not to exceed the nununL auLhuriZMd by Lhu Director, Correctional Drogwnu: Division. The naintenence Poy amount outhorized for FY 1991 is $5.25. 5 W: The date :?or the ebova 5 percent. increase in inmate performance pay rates is SEEM- m: This Operations Memorandum is to be posted on all innate bulletin boards and placed in innate law libraries. MARCH 2015 Attachment MARCH 2015 PROCEDURAL GUIDANCE COMPLYING WITH ENVIRONMENTAL POLICY ACT REQUIREMENTS I. INTRODUCTION The National Environmental Policy Act (NEPA) of 1969 (Pub. Law 90-190; 42 U.S.C. ?4331 et seq) establishes a national goal of protecting the environment. NEPA requirements apply to any federal project, decision, or action that might have a significant impact on the quality of the human environment. Prospective contractors/offerors responding to this solicitation must assist the USMS in complying with NEPA requirements. In addition, contractors or offerors must comply with environmental statutes including but not limited to: the Coastal Zone Management Act of 1972; the Clean Air Act of 1974: the Safe Drinking Water Act of 1974; the Endangered Species Act of 1973; the National Historic Preservation Act of 1966; the Farmland Protection Policy Act among others. A. Project Planning and Identification of a Proposed Site During the planning phase of the project, the offeror identifies a proposed site for the construction, renovation or expansion project. In order to identify possible environmental concerns and impacts to the environment, the offeror may wish to involve others at this stage through formal or informal meetings where affected or interested parties are made aware of the proposed action, and any alternatives being considered as well as provide an opportunity to express comments or concerns about potential consequences of the action. The offeror should record all alternatives considered, even if the alternatives were quickly eliminated from consideration and warrant only a brief explanation of the reasons for their elimination. B. Preparation of an Environmental Assessment An Environmental Assessment (EA) is to be prepared and included by the offeror as part of its overall submission to the USMS. The offeror may prepare the EA or contract for the preparation of all or parts of the EA. In order to adequately assess all of the potential environmental impacts (to both the natural and manmade environments), the environmental analysis requires a multi- disciplinary approach. The EA should be a brief discussion of: Attachment I MARCH 2015 ICE2012FOIA03030.0028532 2 The purpose and need for the proposed action. Alternatives considered, including an explanation of those eliminated from detailed consideration. The discussion must include consideration of the ?No Action? Alternative. Environmental impacts of the proposed action and the preferred alternative or alternatives if more than one warrants consideration in detail. A listing of the documents and persons consulted in the preparation of the EA. A listing of those responsible for preparation of the EA A listing of all recipients of the EA All potential environmental impacts of the proposed action and the alternatives should be presented in manner that defines the issues and provides a clear basis for choice among options by decision makers. If the EA indicates significant effects, which could be reduced to less-than?significant levels with mitigation measures, the EA should describe the mitigating measures, how the offeror proposes to implement such measures, and the proposed timeline for implementation. The offeror must submit the completed draft EA to the USMS for review and comment. C. Review of the Draft Environmental Assessment The USMS will review the draft EA for the following Has the proposed action been adequately described? Have the relevant areas of potential environmental impact (both natural and manmade environments) been properly identified and assessed? Have reasonable alternatives and mitigation measures been considered and implemented where possible? Has a convincing case been made that the project as presently conceived will have less-than?significant impacts on each of the identified areas of environmental concern? Have other agencies, organizations, officials, and individuals with an interest in the proposed action been consulted? MARCH 2015 D. Required Letters of Support from the Community The offeror must secure letters of support from key local agencies and officials and include such letters within the EA. In addition, the offeror must include a listing (in chronological order) of all public meetings and hearings held to discuss the proposed action. E. Review Comments and Modify Proposal, as Appropriate The offeror should review any public comments and modify its proposal, if appropriate. Modification may include: abandoning the proposed site and selecting an alternative which will have a less significant impact on the environment; or modifying the project to mitigate the environmental impact of the proposed project. The comments, response to these comments, and any revisions to the proposed project must be submitted to the USMS prior to finalizing the Finding of No Significant Impact (FONSI) . F. Final Action on Environmental Assessment Unless a significant environmental impact surfaces through the public comments or other means, the USMS will finalize a FONSI. If significant environmental impacts are identified, the USMS may require the offeror to prepare an Environmental Impact Statement (EIS). II. CONTENT OF AN ENVIRONMENTAL ASSESSMENT An EA is a concise public document that provides sufficient evidence and analysis for determining whether to prepare an EIS or a FONSI. It is designed to help public officials make decisions that are based on an understanding of the human and physical environmental consequences of the proposed project and take actions, in the location and design of the project that protect, restore and enhance the environment. In preparing an EA, it is important to understand the need for documented consideration of alternatives and the comprehensive nature of the potential impacts which must be analyzed. Consideration must be given to all potential impacts associated with the construction activity (if applicable), project operation and maintenance, and the attainment of the project's major objectives. This would include an analysis of the environmental impacts of the activities to be conducted by the offeror. For example, if farming or industrial activities are to be conducted MARCH 2015 at the facility by inmates, the impacts of such activities must also be addressed in the appropriate sections of the EA. The amount of analysis and material that must be provided will depend upon the nature and scale of the proposal, the environment in which it is located, and the range and complexity of the potential impacts. The amount of analysis and detail provided, therefore, must be commensurate with the magnitude of the expected impact. The document should be comprehensive but analytic rather than The analysis of each environmental factor biological resources) must be taken to the point that a conclusion can be reached and supported concerning the degree of the expected impact with respect to that factor. Generally an EA can be completed in 50-100 pages in length, except in unusual cases where a proposal is so complex that a concise document may not be sufficient or where it is extremely difficult to determine whether the proposal could have significant environmental effects. In most cases, a EA indicates that an EIS may be needed. The following describes the required sections of an EA and what should be included in each section. Not every issue or potential impact will be relevant to each proposal. However, each environmental factor listed should be addressed with a brief explanation of the impact or why it is not relevant. A. Abstract The EA should incorporate a l~2 page Abstract to include ., . ., . 1?5. - 5 4m WW a. 0.413-.? a and facsimile numbers; A brief description of the proposed action; A brief description of the location of the proposed action; A summary of the EA's principal findings; and The publication date for the EA. . Introduction This section should describe the proposed project, the need for the proposed action, and the purpose of the. In addition, this section should include a description of the geographic location of the proposed action. Use of figures and exhibits that illustrate the proposed project site plan, renderings, photographs, etc.) and its location regional and site?specific maps) are encouraged. MARCH 2015 C. Alternatives an important element of the process of preparing the EA is the investigation and evaluation of alternatives to the proposed action. This section should describe all reasonable alternatives considered by the offeror and their potential environmental impacts. The alternatives might include alternatives which were eliminated from detailed study along with the reasons for their elimination. Consideration of a ?No Action? alternative is mandated by NEPA and provides a basis for comparison. The discussion should identify which alternative or alternatives warrant consideration in detail. If only one alternative warrants consideration in detail, the rationale for this determination and the elimination of other alternatives should be clearly presented. If more than one alternative is considered in detail in the remainder of the document, the offeror's preferred alternative and proposed course of action should be clearly identified. D. Existing Conditions and Anticipated Impacts This section provides the technical basis for decision making and the comparison of alternatives. It should include a description of the project site and its present use, the surrounding land uses, and the directions and distances involved. The geographic area surrounding the proposed project site to be considered in the analysis depends on the extent of the impacts of the project, to include the activities to be conducted by the participants as well as any related projects. For example, a related project would be a necessary extension or expansion of a water supply or wastewater collection system or new roadway construction for access purposes. The environmental impacts of these related activities must also be considered and assessed within the EA. Unique or sensitive areas must be noted including: residential areas, public and private schools, medical facilities, recreational areas, historical sites, lakes, rivers, parks, floodplains, wetlands, natural landmarks, steep slopes, important farmlands and forest lands, endangered speC1es habitats, or other unique or sensitive features. The EA should include location maps of the project area to include: a U.S. Geological Survey ?15 minute? ?minute?), if available), quadrangle map which clearly delineates the area and the location of the project site; U.S. Department of Hou81ng and Urban Development and/or Federal Emergency Management Agency MARCH 2015 6 floodplain map(s) for the project area; site photographs; information from a soil survey for the project site; and if available, an aerial photograph of the site. When necessary for descriptive purposes or environmental analysis, include maps and other similar graphic information. All graphic materials should be of high quality resolution. Topography: Indicate topographic conditions within the project site including high and low points and areas of steep slope.; Indicate how such conditions will be modified to accommodate the proposed project (as applicable). Geology/Soils: Establish baseline conditions by indicating geologic and soil features and characteristics including features that may influence planning, design, construction and/or operation of the proposed project. Indicate whether the project will either directly or indirectly convert an important farmland identified in the Farmland Protection Policy Act as further defined by the U.S. Department of Agriculture in 7 CFR Part 58. If a conversion may result, determine if there is a practicable alternative to avoiding it. If there is no such alternative, determine whether all practical mitigation measures are included in the project. Seismic considerations should also be addressed including proximity to known faults, areas of seismic activity, etc. Hydrology: Discuss, in terms of amounts and types of effluents, all direct and indirect aspects of the project which will affect hydrologic resources surface and ground waters). Evaluate the impacts of the project on existing water quantity and quality of such resources. Indicate whether the project is either located within a 100?year and/or SOD?year floodplain or a wetland or will impact a floodplain or wetland. If so, determine if there is a practicable alternative project location. If there is no such alternative, determine whether all practicable mitigation measures are included as part of the project and document as an attachment these determinations. Biological Resources: Establish baseline conditions at the project site through the use of field investigations and agency contacts, maps and documents. Indicate all aspects of the project including construction, and known direct and indirect effects which will affect the natural environment including wildlife, their habitats, and unique natural features. Indicate whether the project will either affect a listed endangered or threatened species or critical habitat or adversely affect a proposed critical habitat for an MARCH 2015 endangered or threatened species or jeopardize the continued existence of a proposed endangered or threatened species. This analysis should be conducted in consultation with the U.S. Fish and Wildlife Service and applicable state agencies, when appropriate..The results of any required coordination shall be described along with any completed biological opinion and mitigation measures to be required for the project. Include within the EA letters from such agencies describing the results of such coordination activities. Cultural Resources: The offeror shall detail the steps taken to comply with the Advisory Council on Historic Preservation?s regulations. Establish baseline conditions within the proposed project site by undertaking field investigations, conducting historical map and file research, consulting with the applicable State Historic Preservation Office (SHPO), etc. Indicate that the National Register of Historic Places has been consulted and whether there are any listed properties located within the area to be affected by the project. Describe the steps taken, such as historical/archeological surveys, to determine if there are any properties eligible for listing located within the affected area. Summarize the results of the consultation with the applicable SHPO and include appropriate documentation within the EA describing the results of such coordination and the SHPO's views. Based upon this process and the views of the SHPO, state whether or not an eligible or listed property will be affected. If there will be an effect, discuss those steps and protective measures taken to comply with the Advisory Council's Regulations. Describe the affected property and the nature of the effect. Aesthetics/Visual Impacts: Indicate any sensitive or unique views, vistas or adjacent land uses which could be adversely impacted by the proposed project. Use maps and photographs to illustrate and support this section. Hazardous Materials: Indicate the presence of any known or suspected hazardous materials contamination within or adjacent to the proposed project site. Include a copy of a Phase I Environmental Site Assessment (including the results of all data base searches) within the EA. P0pulation/Employment/Housing: Establish baseline conditions by describing demographic characteristics and conditions of the host community and county. Include statistics from the U.S. Census and other similar sources to indicate: total population, age cohorts, educational attainment, income, MARCH 2015 8 racial characteristics, labor force, major employers, employment/ unemployment rates, housing characteristics including total units, etc. Indicate whether any populations will be removed or relocated as a result of the proposed action and the number of families/individuals to be relocated. Discuss how impacts resulting from the project such as changes in land use, transportation impacts, air emissions, noise, etc. will effect nearby residents and users of the project area and surrounding areas. Discuss whether the proposal will result in population changes and, if so, the nature and scale of such changes. Community Facilities and Services: Establish baseline conditions by describing public and community facilities and services available within the host community including schools, health care services, police and fire protection, etc. Describe the potential impacts of the proposed project and any indirect population increases on the area's public and community facilities and services such as schools, health care services, police and fire protection, etc. Land Use/Zoning: Establish baseline conditions by describing existing site land use and adjacent land uses, zoning districts and permitted uses, etc. Evaluate the effect of altering the land use of the project site and how this change will affect the surrounding land uses. Utility Services: Describe existing utility systems serving the area of the project site potable water supply, wastewater collection and treatment, electric power and/or natural gas supply, and solid waste collection and disPosal) Indicate the demands to be placed upon existing utility systems as a result of the proposed project and evaluate the adequacy of these systems to accommodate the proposed project. If any utility system is or will be inadequate to accommodate the proposed project, describe the steps being taken for necessary improvements, those responsible for such improvements,.and their completion dates. Indicate if recycling or resource recovery programs are or will be used. Discuss any steps/actions to be undertaken to conserve water and/or energy consumption. Cite any contacts with appropriate agencies that must issue necessary approvals and/or permits. Transportation Systems: Describe principal access routes to the project site along with capacities of such routes. Discuss whether the project will result in an increase in motor vehicle traffic and the existing roadway's ability to MARCH 2015 9 safely accommodate an such increases. Indicate if additional traffic control devices are to be installed to accommodate traffic. Describe any improvements to the transportation system which will be necessary as a result of the project. Discuss how these new traffic patterns will affect the land uses described earlier, eSpecially residential, commercial, schools, and recreational. Air Quality: Establish baseline conditions by describing existing air quality. Discuss the amounts and types of emissions to be produced from all aspects of the project and known indirect effects (such as increased motor vehicle traffic) which will affect air quality. Indicate the existing air quality in the area and if topographical or meteorological conditions hinder or affect the dispersal of air emissions. Evaluate the impact on air quality given the types and amounts of projected emissions, the existing air quality, and tepographical and meteorological conditions. Discuss the project's consistency with the state?s air quality implementation plan for the area, the classification of the air quality control region within which the project is located, and the status of compliance with air quality standards within that region. Noise Considerations: Establish existing noise conditions in and around the area of the proposed project site including any existing predominant sources of noise (motor vehicle traffic, industrial sources, etc.), sensitive receptors, etc Discuss the nature and volume of noise emissions to be produced from all aspects of the project and known indirect effects (such as increased motor vehicle traffic) which will affect noise conditions and known sensitive receptor locations. Evaluate the impact on existing noise conditions given the types and amounts of projected noise sources and the existing noise conditions. Cumulative Impacts: Summarize any cumulative impacts of this project and any directly?related projects. Give particular attention to land use changes, demands upon utility services and community resources, air and water quality impacts, etc. Summarize the results of the environmental impact analysis conducted for any related improvements or projects. Summarize any potential adverse impacts pointed out in the above analysis. Summary of Significant Impacts and Required Mitigation: Summarize the potential adverse impacts of the proposal as pointed out in the above analysis. Describe any measures 5- MARCH 2015 10 which will be taken to avoid or mitigate the identified adverse impacts. Analyze the environmental impacts and potential effectiveness of the mitigation measures. E. References Consulted in Preparing the Environmental Assessment The offeror is encouraged to consult with appropriate experts from federal, state, and local agencies, universities, and other organizations or groups whose knowledge could be helpful in the assessment of potential impacts. In so doing, each reference should be listed and include documents, maps and similar publications along with the name, title, and organization of individuals contacted in addition to the date of contact. Related correspondence should be attached to the EA. F. List of Preparers The EA is to include a list of those individuals responsible for its preparation including names, titles, education schools, degrees, years of graduation, etc.) licenses professional engineer, etc.)and other related credentials. G. List of Agencies and Individuals Receiving Copies of the EA For Review and Comment The EA is to include a listing of agencies, organizations, elected and other officials, and interested citizens to be provided with copies of the document for review and comment. This would include federal, state, county/municipal agencies and organizations, elected officials, interested citizens, public libraries, etc. H. Public Involvement/Awareness Discuss any positive and/or negative comments or public views raised about the project and the consideration given to these comments- Indicate whether a public hearing or public information meeting has been held and include a summary of the results and any objections raised. Indicate any other examples of the community's awareness of the project, such as newspaper articles or public notifications. MARCH 2015 11 TABLE OF CONTENTS ENVIRONMENTAL ASSESSMENT ABSTRACT I. INTRODUCTION A. PURPOSE OF THE ENVIRONMENTAL ASSESSMENT B. NEED FOR THE PROPOSED ACTION 1. Background 2. Need for Proposed Facility C. DESCRIPTION OF THE PROPOSED PROJECT 1. Project Description 2. Project Location II. ALTERNATIVES A ALTERNATIVE ALTERNATIVES CONSIDERED AND ELIMINATED C. SELECTED ALTERNATIVE AFFECTED ENVIRONMENT A SITE CHARACTERISTICS 1. Topography 2. Geology/Soils 3. Hydrology 4. Biological Resources 5. Cultural Resources 6. Aesthetics 7. Hazardous Materials B. COMMUNITY AND REGIONAL CHARACTERISTICS Population/Economics/Housing Community Facilities/Services Land Use/Zoning Utility Services Transportation Systems Air Quality Noise Considerations MARCH 2015 ICE2012FOIA03030.0028542 12 IV ENVIRONMENTAL CONSEQUENCES: IMPACTS AND MITIGATION A SITE CHARACTERISTICS 1. Topography 2. Geology/Soils 3. Hydrology 4 Biological Resources 5 Cultural Resources 6 7 . Aesthetics Hazardous Materials COMMUNITY AND REGIONAL CHARACTERISTICS Population/Economics/Housing . Community Facilities/Services Land Use/Zoning . Utility Services Transportation Systems . Air Quality Noise Considerations SUMMARY OF ANY SIGNIFICANT IMPACTS AND REQUIRED MITIGATION RELATIONSHIP BETWEEN USE OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY E. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES V. REFERENCES A DOCUMENTS B. PERSONAL COMMUNICATIONS LIST OF PREPARERS AGENCIES AND OFFICIALS FROM WHICH COMMENTS ARE REQUESTED A. FEDERAL OFFICIALS AND AGENCIES STATE OFFICIALS AND AGENCIES OFFICIALS AND AGENCIES D. PUBLIC APPENDICES MARCH 2015 ICE2012FOIA03030.0028543 PROCEDURAL GUIDANCE FOR COMPLYING WITH THE NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS I INTRODUCTION Prospective contractors/offerors responding to this solicitation must assist the USMS in complying with applicable environmental requirements. The National Environmental Policy Act (NEPA) of 1969 (Pub. Law 90-190; 42 U.S.C. ?4331 et seg)requirements apply to any federal project, contract decision, or action that might have a significant impact on the quality of the human environment. NEPA establishes a national goal of protecting the environment. Additionally, contractors or offerors must also comply with other environmental statutes including but not limited to: the Coastal Zone Management Act of 1972: the Clean Air Act of 1974: the Safe Drinking Water Act of 1974; the Endangered Species Act of 1973; the National Historic Preservation Act of 1966; the Farmland Protection Policy Act among others. The following guidance provides instructions on completing the environmental assessment which is required to be submitted with the contract proposal. Section I provides an overview of important NEPA concepts and USMS's documentation review standards. Section II provides details on the technical content of the environmental assessment. Section provides the recommended format, with instructional annotations, for the required environmental assessment. A. Project Planning and Identification of a Proposed Site During the planning phase of the project, the offeror will identify a prOposed site for detention services. The offeror should record all alternatives sites considered, even if the alternatives were quickly eliminated from consideration and warrant only a brief explanation of the reasons for their elimination. In order to identify possible environmental concerns at the proposed site and reduce the likelihood of later opposition to the project, the offeror is encouraged to involve parties that will be affected by, or interested in, operations at the proposed site. Public involvement typically involves informing affected parties of the need for the action, the scope of the proposed MARCH 2015 2 action, alternatives being Considered and providing an opportunity to express comments or concerns about potential consequences of the action. Early involvement of affected minority and low-income populations, as well as Indian tribes, is a particularly important step in meeting the environmental justice goals of Executive Order 12898. B. Preparation of an Environmental Assessment An Environmental Assessment (EA) is to be prepared and included by the offeror as part of its overall submission to the USMS. The offeror may prepare the EA or contract for the preparation of all or parts of the EA. In order to adequately assess all of the potential environmental impacts (to both the natural and manmade environments), a multi-disciplinary team engineers, biologist, archeologist, etc.) is usually used to perform the environmental analysis. The EA should be a brief discussion of: The need for the project, alternatives, environmental impacts of the pr0posed action and the alternartives,and a listing of the agencies and persons consulted. The environmental impacts of the proposed project and the alternatives should be presented in comparative form, defining the issues and providing a clear basis for choice among options by the decision makers and the public. The alternatives should include a "No Action" alternative as a baseline for comparative assessment of impacts. If the EA identifies significant impacts, which could be reduced to insignificant levels with mitigation measures, the EA should describe the mitigating measures, how the applicant proposes to implement them and the proposed timeline for implementation. The offeror will submit the completed draft EA to USMS for review. Review of the Draft Environmental Assessment The USMS will review the draft BA for the following Has the proposed action been adequately described? Have the relevant areas of potential environmental impact (both natural and manmade environments) been properly identified and assessed? Have reasonable alternatives and mitigation measures been considered and implemented where possible? Has a convincing case been made that the project as presently MARCH 2015 conceived will have less-than?significant impacts on each of the identified areas of environmental concern? Have other agencies, organizations, officials, and individuals with an interest in the proposed action been consulted? Has the offeror adequately documented compliance with other related Federal environmental laws as well as similar State and local laws? Required Letters of Support from the Community The offeror must secure letters of support from key local agencies and officials and include such letters within the EA. Tn addition, the offeror must include a listing (in chronological order) of all public meetings and hearings held to discuss the proposed action. E. -Review Comments and Modify Proposal, as Appropriate The offeror should review any public comments and modify its proposal, if appropriate. Modification may include: abandoning the prOposed site and selecting an alternative which will have a less significant impact on the environment; or modifying the project to mitigate the environmental impact of the proposed project. The comments, response to these comments, and any revisions to the proposed project must be submitted to the USMS. F. Final Action on Environmental Assessment At the earliest appropriate time, during the evaluation of all proposals, the USMS will determine whether a Finding of No Significant Environmental is appropriate for the procurement action. If significant environmental impacts are identified, the USMS may require the offeror(s) to assist in the preparation of an Environmental Impact Statement (EIS). II. CONTENT OF AN ENVIRONMENTAL ASSESSMENT An EA is a concise public document that provides sufficient evidence and analysis for determining whether to prepare an EIS or a FONSI. It is designed to help public officials make decisions that are based on an understanding of the human and physical environmental consequences of the proposed project and take actions, in the location and design of the project that protect, restore and enhance the environment. MARCH 2015 4 In preparing an EA, it is important to understand the need for comprehensive analysis of potential impacts and documenting the consideration of reasonable alternatives. Consideration must be given to all potential impacts associated with the construction activity (if applicable), project operation and maintenance, and the attainment of the project's major objectives. If farming or industrial activities are to be conducted at the facility by inmates, the impacts of such activities must also be addressed in the appropriate sections of the EA. The amount of analysis and material that must be provided will depend upon the nature and scale of the proposal, the environment in which it is located, and the range and complexity of the potential impacts. The amount of analysis and detail provided, therefore, must be commensurate with the magnitude of the expected impact. The document should be comprehensive but analytic rather than The analysis of each environmental factor must be taken to the point that a conclusion can be reached and supported concerning the degree of the expected impact with reSpect to that factor. The following describes the required topics that should be addressed in an EA. Not every issue or potential impact will be relevant to each proposal. However, each environmental factor listed should be addressed with a brief explanation of the impact or why it is not relevant. A recommended format for presenting these topics is presented in Section of this guidance. A. Abstract The EA should incorporate a 1-2 page Abstract to include A listing of the Project Sponsor(s); Contact Person(s) including name, title, address, telephone and facsimile numbers; A brief description of the proposed action; A brief description of the location of the proposed action; A summary of the EA's principal findings. Summarize the potential adverse impacts of the proposal as pointed out in the above analysis. Describe any measures which will be taken to avoid or mitigate the identified adverse impacts. Analyze the environmental impacts and potential effectiveness of the mitigation measures. Introduction This section should briefly describe what the project is, to include a description of its major components and their size or MARCH 2015 design capacities, and why the project is needed. It should include a discussion of the activities to be conducted by the inmates and indicate whether these are new activities or an increase/expansion of existing activities. The project description must include all related components such as all off- site projects to accommodate the needs of the proposed correctional facility and other reasonably foreseeable future actions regardless of what agency or third party undertakes such action. Examples of such activities include road and utility construction or expansion, projects offered to the affected community as an incentive to accept the correctional facility construction or expansion. Reasonably foreseeable actions include future prison construction phases, especially when either current acreage requirements or design capacities for utilities are based on needs stemming from future phases. In addition, this section should include a description of the geographic location of the proposed action. Use of figures and exhibits that illustrate the proposed project site plan, renderings, photographs, etc.) and its location regional and site-specific maps) are encouraged. C. Alternatives It is very important that the EA investigates and evaluates alternatives to the proposed action. This section should describe all reasonable alternatives considered by the offeror and their potential environmental impacts. The alternatives might include alternatives which were eliminated from detailed study along with the reasons for their elimination. Typical alternatives include alternative locations, and alternative designs. Consideration of a ?No Action? alternative is mandated by NEPA and provides a basis for comparison. The discussion should identify which alternative or alternatives warrant consideration in detail. If only one alternative warrants consideration in detail, the rationale for this determination and the elimination of other alternatives should be clearly presented. If more than one alternative is considered in detail, the offeror's preferred alternative and proposed course of action should be clearly identified. D. Existing Conditions and Anticipated Impacts This section provides the technical basis for decision making and the comparison of alternatives. It should include a description of the project site and its present use, the surrounding land uses. and the directions and distances involved. The geographic MARCH 2015 6 area surrounding the proposed project site to be considered in the analysis depends on the extent of the impacts of the project, to include the activities to be conducted by the participants as well as any related projects. A related project might be necessary extension or expansion of a water supply or wastewater collection system or new roadway construction for access purposes. The environmental impacts of these related activities must also be considered and assessed within the EA. Unique or sensitive areas must be noted including: residential areas, public and private schools, medical facilities, recreational areas, historical sites, lakes, rivers, parks, floodplains, wetlands, natural landmarks, steep slopes, important farmlands and forest lands, endangered species habitats, or other unique or sensitive features. The EA should include location maps of the project area to include: a U.S. Geological Survey ?15 minute? ?minute"), if available), quadrangle map which clearly delineates the area and the location of the project site: U.S. Department of Housing and Urban Development and/or Federal Emergency Management Agency floodplain map(s) for the project area; site photographs; information from a soil survey for the project site; and if available, an aerial photograph of the site. When necessary for descriptive purposes or environmental analysis, include maps and other similar graphic infermation. All graphic materials should be of high quality resolution. Specific categories of impacts must be analyzed. Each section should discuss the baseline conditions of the environment and the potential impacts of the proposed alternative(s) (including the no action alternative). Discussion of impacts must include long? term impacts operations) and short-term impacts facility construction phases). If there will be construction impacts, particular attention should be given to short?term impacts on air quality, water quality, noise levels, solid waste disposal, soil erosion and siltation. Describe the measures that will be employed to limit impacts caused by construction (if applicable) and facility operations. Measures to mitigate any negative impacts should also be discussed. The following specific categories of impacts should be addressed Topography: Indicate topographic conditions within the project site including high and low points and areas of steep slope. Indicate how such conditions will be modified to accommodate the proposed project (as applicable). MARCH 2015 .7 Geology/Soils: Establish baseline conditions by indicating geologic and soil features and characteristics including features that may influence planning, design, construction and/or operation of the proposed project. Indicate whether the project will either directly or indirectly convert an important farmland identified in the Farmland Protection Policy Act as further defined by the 0.8. Department of Agriculture in 7 CFR Part 58. If a conversion may result, determine if there is a practicable alternative to avoiding it. If there is no such alternative, determine whether all practical mitigation measures are included in the project. These determinations must be properly documented and attached to the EA. Seismic considerations should also be addressed including proximity to known faults, areas of seismic activity, etc. Hydrology, Floodplain Management, and Protection of wetlands: Discuss, in terms of amounts and types of effluents, all direct and indirect aspects of the project which will affect hydrologic resources surface and ground waters). Evaluate the impacts of the project on existing water quantity and quality of such resources. Identify the location of all wetlands at the project site. Indicate whether the project is either located within a 100-year and/or BOO?year floodplain or a wetland or will impact a floodplain or wetland. If wetlands will be filled or impacted you should consult appropriate state agencies and Army Corps of Engineers regarding potential permit requirements. If a permit is required, determine if there is a practicable alternative project location. If there is no such alternative, determine whether all practicable mitigation measures are included as part of the project and document as an attachment these determinations and agency consultations. Indicate if an aquifer recharge area is to be adversely affected. If the project lies within or will affect a sole source aquifer recharge.area as designated by EPA, contact the appropriate EPA regional office to determine if its review is necessary. If it is, attach the results of its review. Biological Resources: Establish baseline conditions at the project site through the use of field investigations and agency contacts, maps and documents. Indicate all aspects of the project including construction, and known direct and indirect effects which will affect the natural environment including wildlife, their habitats, and unique natural features. Indicate whether the project will either affect a listed endangered or threatened species or critical habitat MARCH 2015 8 or adversely affect a proposed critical habitat for an endangered or threatened species or jeopardize the continued existence of a proposed endangered or threatened species. This analysis should be conducted in consultation with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and appropriate state agencies. Any formal or informal consultations conducted with these agencies will also address impacts to Category I and Category II species. The results of any required coordination shall be described along with any completed biological opinion and mitigation measures to be required for the project. Include within the EA letters from such agencies describing the results of such coordination activities. Cultural Resources: The offeror shall detail the steps taken to comply with the Advisory Council on Historic Preservation?s regulations. Establish baseline conditions within the proposed project site by undertaking field investigations, conducting historical map and file research, consulting with the applicable State Historic Preservation Office (SHPO), etc. Consult the National Register of Historic Places an indicate whether there are any listed properties located within the area to be affected by the project. Describe the steps taken, such as historical/archeological surveys, to determine if there are any properties eligible for listing located within the affected area. Summarize the results of the consultation with the applicable SHPO and include appropriate documentation describing the results of such coordination and the SHPO's views. Based upon this process and the views of the SHPO, state whether or not an eligible or listed property will be affected. If there will be an effect, discuss those steps and protective measures taken to comply with the Advisory Council's Regulations. Describe the affected property and the nature of the effect. If the proposed site is located on Indian tribal land or an Indian tribe attaches religious and cultural significance to the proposed site, summarize the results of the consultation process with the Tribal Historic Preservation Officer (THPO) or, if there is not a designated THPO, a representative designated by the affected Indian tribe. Attach appropriate documentation of the Indian tribe's views. Discuss the views of any other experts contacted. Aesthetics/Visual Impacts: Impacts to sensitive or unique views, vistas or adjacent land uses which could be adversely impacted by the proposed project must be analyzed. Use maps and photographs to illustrate and support this section. MARCH 2015 ICE2012FOIA03030.0028551 9 Hazardous Materials: Impacts from presence of any known or suspected hazardOus materials contamination within or adjacent to the proposed project site must be analyzed. Include a copy of a Phase I Environmental Site Assessment (including the results of all data base searches) within the EA. Population/Employment/Housing: Establish baseline conditions by describing demographic characteristics and conditions of the host community and county. Include statistics from the 0.5. Census and other similar sources to indicate: total population, age cohorts, educational attainment, income, racial characteristics, labor force, major employers, employment/ unemployment rates, housing characteristics including total units, etc. Indicate whether any populations will be removed or relocated as a result of the proposed action and the number of families/individuals to be relocated. Discuss how impacts resulting from the project such as changes in land use, transportation impacts, air emissions, noise, etc. will effect nearby residents and users of the project area and surrounding areas. Discuss whether the proposal will result in population changes and, if so, the nature and scale of such changes. Cite contacts with appropriate experts. Environmental Justice (3.0. 12898): Describe the composition of the area affected by the proposal in terms of the presence of minority populations, low?income populations, and Indian tribes. Of the proposal's projected adverse environmental impacts, including adverse human health effects and project related social, cultural, and economic impacts, indicate which adverse impacts will affect any minority or low-income population(s) or Indian tribe(s) that may be present. Indicate whether any of these adverse impacts will be disproportionately high on a minority or low-income population?s) or Indian tribe. Describe any mitigation measure(s) that has been included in the preposal to lessen an adverse impact on an affected minority or low-income population or Indian Tribe. Describe any special or targeted steps or procedures that were used to (1) inform affected minority or low ?income populations or Indian tribes of the proposal; (2) obtain their views on the proposal; and (3) receive their input on alternative sites or the development of any mitigation measures. Highlight any strategies being used to overcome linguistic, cultural, institutional, geographic or other barriers to participation in the NEPA process. MARCH 2015 Community Facilities and Services: Establish baseline conditions by describing public and community facilities and services available within the host community including schools, health care services, police and fire protection, etc. Describe the potential impacts of the proposed project and any indirect population increases on the area?s public and community facilities and services such as schools, health care services, police and fire protection, etc. Land Use/Zoning: Establish baseline conditions by describing existing site land use and adjacent land uses, zoning districts and permitted uses, etc. Evaluate the effect of changing the land use of the project site and how this change in land use will affect the surrounding land uses and those within the project's area of environmental impact. Evaluate the consistency of the project and its impacts with the existing land use plans and zoning restrictions. Utility Services: Describe existing utility systems serving the area of the project site potable water supply, wastewater collection and treatment, electric power and/or natural gas supply). Indicate the demands to be placed upon existing utility systems as a result of the proposed project and evaluate the adequacy of these systems to accommodate the proposed project. If any utility system is or will be inadequate to accommodate the proposed project, describe the steps being taken for necessary improvements, those responsible for such improvements, and their completion dates. Indicate if the project will utilize a large share of the remaining capacity of a utility service or otherwise create a shortage of supply. Indicate if reCycling or resource recovery programs are or will be used. Discuss any steps/actions to be undertaken to conserve water and/or energy consumption. Cite discussions with agencies that must issue approvals and/or permits. Transportation Systems: Describe principal access routes to the project site along with capacities of such routes. Discuss whether the project will reSult in an increase in motor vehicle traffic and the existing roadway's ability to safely accommodate an such increases. Indicate if additional traffic control devices are to be installed to accommodate traffic. Describe any improvements to the transportation system which will be necessary as a result of the project. Discuss how these new traffic patterns will affect the land uses described earlier, especially residential, commercial, hospitals, schools, and recreational. Describe the consistency of the project?s transportation impacts with the MARCH 2015 11 transportation plans for the area and any air quality contro plans. Cite any contact with appropriate exPerts. Air Quality: Establish baseline conditions by describing existing air quality. Discuss the amounts and types of. emissions to be produced from all aspects of the project and known indirect effects increased motor vehicle traffic) which will affect air quality. Evaluate the impact on air quality given the types and amounts of projected emissions, the existing air quality, and topographical and meteorological conditions. Discuss the project's consistency with the state?s air quality implementation plan for the area, the classification of the air quality control region within which the project is located, and the status of compliance with air quality standards within that region. Indicate whether any Operations will employ open burning. If so, discuss local or State requirements for permitting such burning. If no permit requirements exist, discuss the type and quantity of burning to be undertaken and the methods to reduce smoke and to mitigate its adverse impacts. Noise Considerations: Evaluate the impact on existing noise conditions given the types and amounts of projected noise sources and the existing noise conditions. Establish existing noise conditions in and around the area of the proposed project site including any existing predominant sources of noise (motor vehicle traffic, industrial sources, etc.), sensitive receptors, etc. Discuss the nature and volume of noise emissions to be produced from all aspects of the project and known indirect effects (such as increased motor vehicle traffic) which will affect noise conditions and sensitive receptor locations. Hazardous waste and Solid waste Management: Indicate all aspects of the project and known indirect effects which will necessitate the disposal of solid and hazardous wastes. Indicate the kinds and expected quantities of solid wastes involved and the disposal techniques to be used. Specify if any of these wastes are hazardous, toxic, or radioactive. Evaluate the adequacy of the disposal techniques especially in relationship to air and water quality. Indicate if recycling or resource recovery programs are or will be used. Cite any contacts with appropriate experts and agencies that must issue necessary permits. Coastal Zone Management Act: (Only required if proposed site is coastal or Great Lakes State) Indicate if the project is within or will impact a coastal area defined as such by the he MARCH 2015 12 State?s approved Coastal Zone Management Program. If so, consult with the State agency responsible for the program to determine the project?s consistency with it. The results of this coordination should be described. Wild and Scenic Rivers: Indicate whether the project will affect a river or portion thereof which is either included in the National Wild and Scenic Rivers System or designated for potential addition to the system. This analysis shall be conducted through discussions with the appropriate regional office of the National Park Service or the Forest Service when its lands are involved, as well as the appropriate State agencies having implementation authorities. A summary of discussions and coordination must be included. State Environmental Policy Act: Indicate if the proposed project is subject to a State environmental policy act or similar regulation. Summarize the results of compliance with these requirements and attach available documentation. Cumulative Impacts: Summarize any cumulative impacts of this project and related projects. A cumulative impact results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions by various private and governmental entities. Cumulative impacts can result from individually minor_but collectively significant actions taking place over a period of time. Give particular attention to land use changes, demands upon utility services and community resources, air and water quality impacts, etc. Summarize the results of the environmental impact analysis conducted for any related improvements or projects. Summarize any potential adverse impacts pointed out in the above analysis. F. References Consulted in Preparing the Environmental Assessment The offeror is encouraged to consult with appropriate experts from federal, state, and local agencies, universities, and other organizations or groups whose knowledge could be helpful in the assessment of potential impacts. In so doing, each reference should be listed and include documents, maps and similar publications along with the name, title, and organization of individuals contacted in addition to the date of contact. Related correspondence should be attached to the EA. G. List of Preparers MARCH 2015 ICE2012FOIA03030.0028555 13 The EA is to include a list of those individuals responsible for its preparation including names, titles, education schools, degrees, years of graduation, etc.) licenses professional engineer, etc.) addresses and phone numbers. B. List of Agencies and Individuals ReCeiving Copies of the EA For Review and Comment The EA is to include a listing of agencies, organizations, elected and other officials, and interested citizens to be provided with copies of the document for review and comment. This would include federal, state, county/municipal agencies and organizations, elected officials, interested citizens, public libraries, etc. I. Public Involvement/Awareness Discuss any positive and/or negative comments or public views raised about the project and the consideration given to these comments. Indicate whether a public hearing or public information meeting has been held and include a summary of the results and any objections raised. Indicate any other examples of the community's awareness of the project, such as newspaper articles or public notifications. MARCH 2015 14 ANNOTATED FORMAT FOR COMPLETING AN ENVIRONMENTAL ASSESSMENT FOR USMS DETENTION SERVICE CONTRACT The following is an annotated format for completing an Environmental Assessment (EA). This outline is provided as guidance for document preparation. Sections I and II of this procedural guidance should be used as the primary resource in document completion. The section format of the EA appears in bold and under;ingd goat. Annotated guidance appears in bullet format. tTitle Page: - :Jnm-wize tie '92: :5 i 2 973stu, prl; :93 35:12:, at: 5K3 CINE: I - :nc m;a;ts 1 - i cf 3-ru:tic: -i zzer; 2" i :r-;osed 5a-- I iTable of Contents: . The t--ie and 3r x;~rer arr cacti- r. Chi document a: ircro;v-. I. INTRODUCTION: A. DESCBIPTION OF THE PROPOSED 1. Project . Briefly describe preposed project and its major components and their size or design capacities. The description should include related components such as all off-site projects to accommodate the needs of the proposed correctional facility road an utility construction or expansion, community incentive projects, and other reasonably foreseeable future actions regardless of what agency or third party undertakes such action). 2. ggojact Location: 0 Provide verbal description and maps. MARCH 2015 15 B. PURPOSE AND NEED OF THE ENVIRONMENTAL ASSESSMENT: . Briefly describe the need for the proposed facility. - This is the heart of the document. It should describe all reasonable alternatives and their environmental impacts. The alternatives might include alternatives locations alternative designs, and alternative projects having similar benefits. A. ALTERNATIVE: - This alternative presumes that the USMS takes no action at the site does not detain prisoners at the site). B. ALTERNATIVES CONSIDERED AND ELIMINATED: - Briefly describe any alternative sites which were eliminated from detailed study and the reasons for their elimination. C. PROPOSED Briefly describe alternative(s) proposed by offeror. AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS OF THE ALTERNATIVES CONSIDERED: 0 IMPORTANT: Each section should discuss the baseline conditions of the environment and the potential impacts of the proposed alternative(s)(inc1uding the no action alternative. Discussidn of impacts must consider the long?term impacts facility operations) and short- term impacts facility construction phases). Measures to mitigate any negative impacts should also be discussed. A. SITE CHARACTERISTICS: 1. Topography: - Discuss current conditions. Discuss potential impacts of the proposed alternative. 0 Discuss mitigation of impacts, if apprOpriate. 2. GeologyZSoils: MARCH 2015 ICE2012FOIA03030.0028558 16 Discuss current conditions. Discuss potential impacts of proposed alternative. Farmland Protection Policy Act (FPPA): If the prOposed project will convert important FPPA qualified farmlands determine if there is a practicable alternative to avoid the impacts. Document as an attachment all FPPA related determinations. 3. Hvdroloqv/Watgr Resourceleater Qualigz: - Discuss current conditions surface and groundwater presence). - If applicable, description of the Clean Water Act requirements. - Contact EPA if the project lies within or would affect a sole source aquifer recharge area. Attach any results of EPA consultation. 0 Indicate the source and available supply of raw water and the extent to which the additional demand would affect the raw water supply. Describe the wastewater treatment system(s) to be used and indicate their capacity and their adequacy in terms of the degree of treatment provided. Discuss the characteristics and uses of the receiving waters for any sources of discharge. If the treatment system(s) are or would be inadequate or overloaded, describe the steps being taken for necessary improvements and their completion dates. Analyze the impacts on the receiving water during any estimated period of inadequate treatment. - Discuss the project's consistency with the water quality planning for the area, such as EPA's Section 208 area wide waste treatment management plan. Discuss the project's consistency with applicable state water quality standards including a discussion of whether the project would either impair any such standard or fail to meet anti~ degradation requirements for point or non- point sources. Describe how surface runoff is to be handled and the effect of erosion on streams. - Evaluate the extent to which project may create shortages for or otherwise adversely MARCH 2015 affect the withdrawal capabilities of other present users of the-raw water supply, particularly in terms of possible human health, safety, or welfare problems. For projects utilizing a groundwater supply, evaluate the potential for the project to exceed the safe pumping rate for the aquifer to the extent that it would (1) adversely affect the pumping capability of present users, (2) increase the likelihood of brackish or saltwater intrusion, thereby decreasing water quality, or (3) substantially increase surface subsidence risks. For projects utilizing a surface water supply, evaluate the potential for the project to (1) reduce flows below the minimum required for the protection of fish and wildlife, or (2) reduce water quality standards below those established for the. stream classification at the point of withdraw or the adjacent section. Cite agency consultation if applicable. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. Impacts should address short (during construction) and long term impacts on water resources/quality. 4. Floodplains Management: - Indicate whether project is located-within a floodplain. - Discuss potential impacts of project on floodplain. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. If there are no practicable alternatives to development in the floodplains, determine whether all practicable mitigation measures are included in the project and document as an attachment these determinations and steps taken to locate alternatives and mitigate potential adverse impacts. 5. wetlands: - Identify location of all wetlands at site. [Note: Identification of wetlands may require MARCH 2015 18 specialized expertise.] If wetlands are present at site 1)indicate if permits to fill wetlands will be required and cite agency consultation, 2)describe any measures that can be implemented to avoid or mitigate the potential wetland impacts, and 3) if there are no practicable alternatives to development in wetland areas, determine whether all practicable mitigation measures are included in the project and document as an attachment these determinations and the steps taken to located alternatives, and mitigate potential adverse impacts. 6. Biological Resources: 7. Cultural Discuss current site conditions animal, plant, aquatic). Discuss potential impacts from pr0posed project. Determine and describe any threatened or endangered species, and their habitat in the project area. Cite results of agency consultation with the 0.5. Fish and Wildlife Service and applicable State agency. If applicable, cite results of consultation with the National Marine Fisheries Service. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. Impacts should address short term during construction) and long term impacts on threatened and endangered species and their habitat. Egsources: Cite consultation with SHPO and/or THPO. Identify any historic properties in the project area . Identify any potential archeological resources in the project area. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. 8. Aesthetics MARCH 2015 Indicate whether the project might have impacts on sensitive or unique views, vistas or adjacent land uses. Use maps and photographs to illustrate and support this section. 9. Hazardous Materials: - Indicate the presence of any known or suspected hazardous materials contamination within or adjacent to the propose project site. - Attach copy of Phase I Environmental Site Assessment. Discuss potential impacts of hazardous materials on the project construction and long term operation. B. COMMUNITY AND REGIONAL CHARACTERISTICS: 1. PopulationZEoonomicszHousing: Brief description of affected populations in the project area. Indicate if people will be relocated and what arrangements would be made for this relocation. Describe how construction and/or operation of the facility would effect nearby residents and users of surrounding areas. Discuss whether the proposal would accommodate any population increases and, if so, describe the potential impacts of these increases on the area's public community services such as schools, health care, social services, and fire protection. Cite contacts with appropriate experts. 2. Environmental Justice 12898): Describe 5.0. 12898 (Environmental Justice) requirements as it applies to the project location. Describe any minority, elderly, or low?income populations or Indian tribes. Discuss how proposed project would impact populations described above. This should include impacts from noise, traffic, displacement, etc. If applicable, describe any measures that can be implemented to mitigate the anticipated MARCH 2015 20 impacts described above. 3. Community Facilities and Services: Brief description of the public services provided (and by whom) at the project site. This should include police protection, fire protection, and emergency medical services. Describe how proposed project would potentially impact the existing public services. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts. Discussion of impacts should discuss short- term impacts(e.g., during construction) and long?term impacts during operation). 4. Land Use?Zoning: Describe the zoning and/or land use planning at the proposed project area and site. 7 Discuss how the proposed project will impact the zoning and/or land use planning. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. 5. Utilitv,Services: Brief description of the utility services provided (and by whom) at the project site. This should include water, sanitary sewer, storm water drainage, electric power, natural gas, and telephone service. Describe how proposed project would potentially impact the existing public services. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts. Discussion of impacts should discuss short? term impacts(e.g., during construction) and long-term impacts during operation). 6. Transportggion Svstems: Describe the traffic and circulation at the MARCH 2015 21 proposed project area and site. Describe how new traffic patterns may affect land uses such as residential, business, hospitals, and schools. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. 7. Air ali Describe the air quality standards in the project area. Indicate whether there will be any operations involving open burning. If so, discuss local or state requirements. Cite agency consultation if applicable. Discuss how proposed project may potentially impact the air quality. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts. Discussion of impacts should discuss short- term impacts(e.g., during construction) and long-term impacts during operation). 8. Noise Considerations: Describe any noise ordinances that may exist in the project area. - Discuss how proposed project may potentially impact ambient noise levels. - If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described above. - Impacts should address short-term impacts(e.g., during construction) and long- term impacts to ambient noise levels. 9. Hazardous Waste and Solid Waste Management: Describe hazardous waste issues for the proposed project during construction (if applicable) and operation of the facility. Describe all aspects of the project and known indirect effects, which would necessitate the disposal of solid waste. Indicate the kinds and expected quantities of hazardous and solid wastes involved and the disposal techniques to be used. Evaluate the MARCH 2015 22 adequacy of these techniques especially in relationship to air and water quality. Indicate if recycling or resource recovery programs are or would be used. Analyze how the proposed project would (and/or be impacted by) these issues. If applicable, describe any measures that can be implemented to mitigate the anticipated impacts described. 10. Coastal Zone Management Act: This only applies to projects in a coastal or Great Lakes State. Indicate if the project is within or would impact a coastal area defined as such by the State's approved Coastal Zone Management Program. If so, consult with the State agency responsible for the program to determine the project's consistency with the program. The results of this coordination shall be described. 11. Wild and Scenic Rivers: Indicate whether the project would affect a river or portion thereof which is either included in the National Wild and Scenic Rivers System or designated for potential addition to the system. This analysis shall be conducted thrOugh discussions with the appropriate regional office of the National? Park Service or the Forest Service when its lands are involved, as well as the rappropriate state agencies having implementation authorities. A summary of-discussions held or any required formal coordination must be included in the assessment . C. CUMULAIIVE IMPACTS: - Describe any cumulative impacts (if any) from the proposed project. It should be a brief summary of the incremental impacts of the proposed project when added to other past, present, and reasonably foreseeable future actions by a private or 5. MARCH 2015 23 governmental entity within the geographical area and/or project area. D. PERMITS: 0 Describe permits typically required for this type of action. This includes such things as building code requirements, storm water, sediment and erosion control, etc. If a particular alternative requires a specific federal or state permit Section 404 Permit to fill wetlands), then the requirements of that permit should be discussed in the section of the EA which addresses that affected environment. E. EEYIRONMENTAL POLICY ACT: - Indicate if the proposed project is subject to a state environmental policy act or similar regulation. If applicable, summarize the results of compliance with those requirements. IV. PUBLIC AGENCIES CONSULTED AND REFERENCES: - Appropriate federal, state, and local agencies, universities, and other organizations or groups whose views could be helpful in the assessment of potential impacts should be consulted. The results of the consultations should be summarized as accurately as possible and include the name, title, phone number, and organization of the individual contacted, plus the date of contact. Related correspondence should be attached to the assessment in an appendices. Discuss and respond to any 'negative comments or public views. Similarly, any positive statements of support for the project should be presented and discussed. Indicate whether a public hearing or public information meeting has been held and include a summary of the results and any objections raised. Indicate any other examples of the community?s awareness of the project, such as newspaper articles or public notifications. V. LIST OF PREPARERS: - This is a list of all individuals that participated in the preparation of this EA. The list should include the name, address, phone number, and agency or firm affiliation if applicable. IV. APPENDICES: - - Examples include copies of figures, maps and/or photographs, public comments, hearing transcripts, MARCH 2015